| 1 | 1 | | 87R12089 JCG-D |
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| 2 | 2 | | By: West S.B. No. 1574 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the criminal offense of failure to |
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| 8 | 8 | | identify; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 38.02, Penal Code, is amended by adding |
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| 11 | 11 | | Subsections (b-1), (d-1), and (f) and amending Subsection (c) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b-1) A person commits an offense if the person: |
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| 14 | 14 | | (1) is an operator of a motor vehicle, as defined by |
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| 15 | 15 | | Section 32.34, who is lawfully detained by a peace officer for an |
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| 16 | 16 | | alleged violation of a law; |
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| 17 | 17 | | (2) fails to provide or display the person's driver's |
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| 18 | 18 | | license on the officer's request for the license; and |
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| 19 | 19 | | (3) intentionally refuses to give the person's |
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| 20 | 20 | | driver's license number, residence address, or date of birth to the |
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| 21 | 21 | | peace officer on the officer's request for that information. |
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| 22 | 22 | | (c) Except as provided by Subsections [Subsections] (d) and |
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| 23 | 23 | | (d-1) [and (e)], an offense under this section is: |
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| 24 | 24 | | (1) a Class C misdemeanor if the offense is committed |
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| 25 | 25 | | under Subsection (a) or (b-1); or |
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| 26 | 26 | | (2) a Class B misdemeanor if the offense is committed |
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| 27 | 27 | | under Subsection (b). |
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| 28 | 28 | | (d-1) An offense under Subsection (b-1) is a Class B |
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| 29 | 29 | | misdemeanor if it is shown on the trial of the offense that the |
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| 30 | 30 | | actor gave a false or fictitious name to the peace officer during |
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| 31 | 31 | | the commission of the offense. |
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| 32 | 32 | | (f) Subject to Subsection (e), if conduct that constitutes |
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| 33 | 33 | | an offense under Subsection (b-1) also constitutes an offense under |
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| 34 | 34 | | any other law, the actor may be prosecuted under that subsection, |
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| 35 | 35 | | the other law, or both. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2021. |
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