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1 | 1 | 84R14183 KJE-D | |
2 | 2 | By: Herrero H.B. No. 3046 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the prosecution of the offense of failure to identify; | |
8 | 8 | creating a criminal offense. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Section 38.02(a), Penal Code, is amended to read | |
11 | 11 | as follows: | |
12 | 12 | (a) A person commits an offense if the person [he] | |
13 | 13 | intentionally refuses to give the person's [his] name, residence | |
14 | 14 | address, or date of birth to a peace officer who has [lawfully | |
15 | 15 | arrested the person and] requested the information from the person | |
16 | 16 | and: | |
17 | 17 | (1) has lawfully arrested the person; | |
18 | 18 | (2) has lawfully detained the person; or | |
19 | 19 | (3) has good cause to believe that the person is a | |
20 | 20 | witness to a criminal offense. | |
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 | governed by the law in effect on the date the offense was committed, | |
25 | 25 | and the former law is continued in effect for that purpose. For | |
26 | 26 | purposes of this section, an offense was committed before the | |
27 | 27 | effective date of this Act if any element of the offense occurred | |
28 | 28 | before that date. | |
29 | 29 | SECTION 3. This Act takes effect September 1, 2015. |