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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the criminal offense of failure to |
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identify; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 38.02(a), (c), and (d), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person [he] |
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intentionally refuses to give the person's [his] name, residence |
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address, or date of birth to a peace officer who has [lawfully
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arrested the person and] requested the information from the person |
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and: |
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(1) has lawfully arrested the person; |
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(2) has lawfully detained the person; or |
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(3) has good cause to believe that the person is a |
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witness to a criminal offense. |
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(c) Except as provided by Subsections (d) and (e), an |
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offense under this section is[:
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[(1) a Class C misdemeanor if the offense is committed
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under Subsection (a); or
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[(2)] a Class B misdemeanor [if the offense is
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committed under Subsection (b)]. |
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(d) If it is shown on the trial of an offense under this |
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section that the defendant was a fugitive from justice at the time |
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of the offense, the offense is[:
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[(1) a Class B misdemeanor if the offense is committed
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under Subsection (a); or
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[(2)] a Class A misdemeanor [if the offense is
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committed under Subsection (b)]. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |