| 1 | 1 | | By: Patrick S.B. No. 843 |
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| 2 | 2 | | (In the Senate - Filed February 22, 2011; March 1, 2011, |
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| 3 | 3 | | read first time and referred to Committee on Criminal Justice; |
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| 4 | 4 | | April 7, 2011, reported favorably by the following vote: Yeas 6, |
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| 5 | 5 | | Nays 1; April 7, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the prosecution of the offense of failure to identify. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subsection (a), Section 38.02, Penal Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (a) A person commits an offense if the person [he] |
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| 15 | 15 | | intentionally refuses to give the person's [his] name, residence |
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| 16 | 16 | | address, or date of birth to a peace officer who has: |
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| 17 | 17 | | (1) lawfully arrested or lawfully detained the person; |
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| 18 | 18 | | and |
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| 19 | 19 | | (2) requested the information. |
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| 20 | 20 | | SECTION 2. The change in law made by this Act applies only |
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| 21 | 21 | | to an offense committed on or after the effective date of this Act. |
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| 22 | 22 | | An offense committed before the effective date of this Act is |
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| 23 | 23 | | governed by the law in effect on the date the offense was committed, |
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| 24 | 24 | | and the former law is continued in effect for that purpose. For |
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| 25 | 25 | | purposes of this section, an offense was committed before the |
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| 26 | 26 | | effective date of this Act if any element of the offense occurred |
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| 27 | 27 | | before that date. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 29 | 29 | | * * * * * |
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