By: Patrick S.B. No. 843
(In the Senate - Filed February 22, 2011; March 1, 2011,
read first time and referred to Committee on Criminal Justice;
April 7, 2011, reported favorably by the following vote: Yeas 6,
Nays 1; April 7, 2011, sent to printer.)
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. Subsection (a), Section 38.02, Penal Code, is
amended 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.
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
governed by the law in effect on the date 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 3. This Act takes effect September 1, 2011.
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