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| 1 | 1 | By: Patrick S.B. No. 1175 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | A BILL TO BE ENTITLED | |
| 5 | 5 | AN ACT | |
| 6 | 6 | relating to the prosecution of the offense of failure to identify. | |
| 7 | 7 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 8 | 8 | SECTION 1. Section 38.02, Penal Code, is amended by | |
| 9 | 9 | amending Subsection (a) and adding Subsection (f) to read as | |
| 10 | 10 | follows: | |
| 11 | 11 | (a) A person commits an offense if the person [he] | |
| 12 | 12 | intentionally refuses to give the person's [his] name, residence | |
| 13 | 13 | address, or date of birth to a peace officer who has: | |
| 14 | 14 | (1) lawfully arrested or lawfully detained the person; | |
| 15 | 15 | and | |
| 16 | 16 | (2) requested the information. | |
| 17 | 17 | (f) For purposes of this section, an arrest or detention of | |
| 18 | 18 | a person by a peace officer is lawful only if a reasonable peace | |
| 19 | 19 | officer would have arrested or detained the person under the same | |
| 20 | 20 | circumstances under which the actor was arrested or detained. | |
| 21 | 21 | SECTION 2. The change in law made by this Act applies only | |
| 22 | 22 | to an offense committed on or after the effective date of this Act. | |
| 23 | 23 | An offense committed before the effective date of this Act is | |
| 24 | 24 | covered by the law in effect when the offense was committed, and the | |
| 25 | 25 | former law is continued in effect for that purpose. For purposes of | |
| 26 | 26 | this section, an offense is committed before the effective date of | |
| 27 | 27 | this Act if any element of the offense occurs before that date. | |
| 28 | 28 | SECTION 3. This Act takes effect September 1, 2009. |