Bill Text: TX SB1551 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the prosecution of the criminal offense of failure to identify; creating a criminal offense.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1551 Detail]

Download: Texas-2023-SB1551-Enrolled.html

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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