81R2542 KCR-D
By: Carona S.B. No. 367
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for certain criminal
offenses involving the use of a false or fictitious identity or
identifying documents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.10, Penal Code, is amended by adding
Subsection (j) to read as follows:
(j) It is not a defense to prosecution under Subsection
(a)(2) that the record, document, or thing made, presented, or used
displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or
another substantially similar statement intended to alert a person
to the falsity of the record, document, or thing, unless the record,
document, or thing displays the statement diagonally printed
clearly and indelibly on both the front and back of the record,
document, or thing in solid red capital letters at least one-fourth
inch in height.
SECTION 2. Section 38.02, Penal Code, is amended by
amending Subsection (c) and adding Subsection (d-1) to read as
follows:
(c) Except as provided by Subsections (d) and (d-1) [(e)],
an offense under this section is:
(1) a Class C misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed
under Subsection (b).
(d-1) An offense under Subsection (b) is a state jail felony
if it is shown on the trial of the offense that the actor:
(1) was at the time of the offense a member of a
criminal street gang, as defined by Section 71.01; and
(2) committed the offense with the intent to:
(A) further the criminal activities of the
criminal street gang; or
(B) avoid detection as a member of a criminal
street gang.
SECTION 3. 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 was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2009.