HBA-KMH H.B. 853 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 853 By: Hamric Criminal Jurisprudence 4/15/1999 Introduced BACKGROUND AND PURPOSE Current law addresses instances where a person intentionally refuses to give proper identification to a peace officer who has lawfully arrested the person, and where a person intentionally gives a false or fictitious name, it does not address instances where a person intentionally uses the official identification of another to give a false name. This practice may lead to the detention or arrest of innocent private citizens and hinders law enforcement officials from efficiently performing their duties. H.B. 853 makes it an offense to use the official identification of another for an illegal purpose. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 38, Penal Code, by adding Section 38.021, as follows: Sec. 38.021. USING FALSE IDENTIFICATION. Defines "official identification" as a driver's license or identification card issued by this state or another state of the United States. Provides that a person commits an offense if the person uses the official identification of another to commit or attempt to commit an offense; evade or attempt to evade detention or arrest for any offense; or, avoid or attempt to avoid prosecution, conviction, or punishment for any offense. Provides that it is Class C misdemeanor if the operative offense is a misdemeanor under Chapter 106 (Provisions Relating to Age), Alcoholic Beverage Code, a Class B misdemeanor if the operative offense is any other misdemeanor, and a felony of the third degree if the operative offense is a felony. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.