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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; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.02, Penal Code, is amended by adding |
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Subsections (b-1), (b-2), (d-1), and (f) and amending Subsection |
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(c) to read as follows: |
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(b-1) A person commits an offense if the person: |
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(1) is an operator of a motor vehicle, as defined by |
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Section 32.34, who is lawfully detained by a peace officer for an |
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alleged violation of a law; |
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(2) fails to provide or display the person's driver's |
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license on the officer's request for the license; and |
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(3) intentionally refuses to give the person's name, |
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driver's license number, residence address, or date of birth to the |
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peace officer on the officer's request for that information. |
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(b-2) For purposes of Subsection (b-1)(3), giving a peace |
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officer a residence address that is different from the address |
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associated with the person's driver's license does not constitute a |
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refusal to give the person's residence address in violation of that |
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provision if the address given to the officer is the person's actual |
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residence address. |
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(c) Except as provided by Subsections [Subsections] (d) and |
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(d-1) [and (e)], an 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 (b-1); or |
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(2) a Class B misdemeanor if the offense is committed |
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under Subsection (b). |
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(d-1) An offense under Subsection (b-1) is a Class B |
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misdemeanor if it is shown on the trial of the offense that the |
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actor gave a false or fictitious name to the peace officer during |
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the commission of the offense. |
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(f) Subject to Subsection (e), if conduct that constitutes |
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an offense under Subsection (b-1) also constitutes an offense under |
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any other law, the actor may be prosecuted under that subsection, |
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the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2023. |