| 1 | 1 | | S.B. No. 1551 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the prosecution of the criminal offense of failure to |
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| 6 | 6 | | identify; creating a criminal offense. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 38.02, Penal Code, is amended by adding |
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| 9 | 9 | | Subsections (b-1), (b-2), (d-1), and (f) and amending Subsection |
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| 10 | 10 | | (c) to read as follows: |
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| 11 | 11 | | (b-1) A person commits an offense if the person: |
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| 12 | 12 | | (1) is an operator of a motor vehicle, as defined by |
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| 13 | 13 | | Section 32.34, who is lawfully detained by a peace officer for an |
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| 14 | 14 | | alleged violation of a law; |
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| 15 | 15 | | (2) fails to provide or display the person's driver's |
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| 16 | 16 | | license on the officer's request for the license; and |
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| 17 | 17 | | (3) intentionally refuses to give the person's name, |
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| 18 | 18 | | driver's license number, residence address, or date of birth to the |
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| 19 | 19 | | peace officer on the officer's request for that information. |
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| 20 | 20 | | (b-2) For purposes of Subsection (b-1)(3), giving a peace |
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| 21 | 21 | | officer a residence address that is different from the address |
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| 22 | 22 | | associated with the person's driver's license does not constitute a |
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| 23 | 23 | | refusal to give the person's residence address in violation of that |
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| 24 | 24 | | provision if the address given to the officer is the person's actual |
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| 25 | 25 | | residence address. |
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| 26 | 26 | | (c) Except as provided by Subsections [Subsections] (d) and |
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| 27 | 27 | | (d-1) [and (e)], an offense under this section is: |
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| 28 | 28 | | (1) a Class C misdemeanor if the offense is committed |
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| 29 | 29 | | under Subsection (a) or (b-1); or |
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| 30 | 30 | | (2) a Class B misdemeanor if the offense is committed |
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| 31 | 31 | | under Subsection (b). |
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| 32 | 32 | | (d-1) An offense under Subsection (b-1) is a Class B |
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| 33 | 33 | | misdemeanor if it is shown on the trial of the offense that the |
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| 34 | 34 | | actor gave a false or fictitious name to the peace officer during |
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| 35 | 35 | | the commission of the offense. |
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| 36 | 36 | | (f) Subject to Subsection (e), if conduct that constitutes |
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| 37 | 37 | | an offense under Subsection (b-1) also constitutes an offense under |
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| 38 | 38 | | any other law, the actor may be prosecuted under that subsection, |
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| 39 | 39 | | the other law, or both. |
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| 40 | 40 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I hereby certify that S.B. No. 1551 passed the Senate on |
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| 44 | 44 | | April 19, 2023, by the following vote: Yeas 30, Nays 1. |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Secretary of the Senate |
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| 47 | 47 | | I hereby certify that S.B. No. 1551 passed the House on |
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| 48 | 48 | | May 19, 2023, by the following vote: Yeas 133, Nays 10, |
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| 49 | 49 | | two present not voting. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Chief Clerk of the House |
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| 52 | 52 | | Approved: |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Date |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Governor |
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