LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 3, 2009

TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	SB1175 by Patrick, Dan (Relating to the prosecution of the offense of failure to identify.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Penal Code to add that a person commits the offense of failure to identify if the person refuses to provide the information requested by a peace officer when the person is lawfully detained. The offense would be a Class C misdemeanor. Provisions of the bill would apply only to an offense committed on or after the effective date of the bill, which would be September 1, 2009.

Under current statute, the requirement to provide requested information to a peace officer applies if the person has already been arrested on another offense.

Punishment for a Class C misdemeanor is a fine not to exceed $500. Any costs associated with enforcing the statute would be absorbed within existing resources. Any additional revenue would depend on the amount of the fine imposed; however, the gain is not expected to be significant.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JOB, ESi, DB