HBA-SEP H.B. 2517 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2517 By: Garcia Criminal Jurisprudence 3/25/2001 Introduced BACKGROUND AND PURPOSE Current law provides that a person commits an offense if a lawfully arrested person refuses to provide the person's name, residence address, or date of birth or if a person who is lawfully arrested, detained, or witness to a criminal offense intentionally deceives a peace officer in regard to that information. House Bill 2517 provides that the oral statement of a lawfully detained person is sufficient means of providing identifying information to an officer, the officer has the burden to prove intentional deception, and an officer is prohibited from arresting a lawfully detained person who has intentionally provided false information unless the officer concurrently arrests the person for a separate offense. 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. ANALYSIS House Bill 2517 amends the Penal Code to specify that a person commits an offense if the person, who the officer has good cause to believe is a witness to a criminal offense and is not suspected by the officer as being a party to that offense, intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer. The bill provides that, regarding a person who is lawfully detained, an oral statement is a sufficient means of providing identifying information to a peace officer. The officer has the burden to establish the actor's intentional deception with respect to that information. The bill prohibits a peace officer investigating conduct that may constitute intentional deception by a person who is lawfully detained from arresting the person for that offense unless the officer concurrently arrests the person for a separate offense. EFFECTIVE DATE September 1, 2001.