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