Texas 2023 88th Regular

Texas Senate Bill SB1551 Enrolled / Bill

Filed 05/21/2023

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                    S.B. No. 1551


 AN ACT
 relating to the prosecution of the criminal offense of failure to
 identify; creating a criminal offense.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 38.02, Penal Code, is amended by adding
 Subsections (b-1), (b-2), (d-1), and (f) and amending Subsection
 (c) to read as follows:
 (b-1)  A person commits an offense if the person:
 (1)  is an operator of a motor vehicle, as defined by
 Section 32.34, who is lawfully detained by a peace officer for an
 alleged violation of a law;
 (2)  fails to provide or display the person's driver's
 license on the officer's request for the license; and
 (3)  intentionally refuses to give the person's name,
 driver's license number, residence address, or date of birth to the
 peace officer on the officer's request for that information.
 (b-2)  For purposes of Subsection (b-1)(3), giving a peace
 officer a residence address that is different from the address
 associated with the person's driver's license does not constitute a
 refusal to give the person's residence address in violation of that
 provision if the address given to the officer is the person's actual
 residence address.
 (c)  Except as provided by Subsections [Subsections] (d) and
 (d-1) [and (e)], an offense under this section is:
 (1)  a Class C misdemeanor if the offense is committed
 under Subsection (a) or (b-1); or
 (2)  a Class B misdemeanor if the offense is committed
 under Subsection (b).
 (d-1)  An offense under Subsection (b-1) is a Class B
 misdemeanor if it is shown on the trial of the offense that the
 actor gave a false or fictitious name to the peace officer during
 the commission of the offense.
 (f)  Subject to Subsection (e), if conduct that constitutes
 an offense under Subsection (b-1) also constitutes an offense under
 any other law, the actor may be prosecuted under that subsection,
 the other law, or both.
 SECTION 2.  This Act takes effect September 1, 2023.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 1551 passed the Senate on
 April 19, 2023, by the following vote:  Yeas 30, Nays 1.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 1551 passed the House on
 May 19, 2023, by the following vote:  Yeas 133, Nays 10,
 two present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor