HBA-SEP C.S.H.B. 2517 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2517 By: Garcia Criminal Jurisprudence 4/12/2001 Committee Report (Substituted) 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. C.S.H.B. 2517 provides that the oral statement of a lawfully detained person is sufficient means of providing identifying information to an officer, and that it is an exception to the application of such provisions that a person who intentionally refuses to give identifying information to a peace officer is being interrogated in connection with a criminal investigation and is not being arrested at that time. 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 C.S.H.B. 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 a criminal offense, intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer. The bill provides that an oral statement is a sufficient means of providing identifying information to a peace officer. The bill provides that it is an exception to the application of provisions regarding refusal to provide identifying information that a person who intentionally refuses to give identifying information to a peace officer is being detained or otherwise interrogated in connection with a criminal investigation and is not being arrested at that time. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2517 modifies the original to specify that a person who is believed to be a witness to a criminal offense and is not suspected by the officer as being a party to a criminal offense, rather than only that offense, commits an offense if the person intentionally refuses to give the person's identifying information to a peace officer. The substitute removes the qualification that an oral statement is sufficient means of providing information to a peace officer only in regard to a person who is lawfully detained. The substitute removes the provision that the officer has the burden to establish the actor's intentional deception. The substitute removes the provision that a peace officer investigating intentional deception is prohibited from arresting the person for that offense unless the officer concurrently arrests the person for a separate offense. The substitute provides that it is an exception to the application of provisions regarding refusal to provide identifying information that a person who intentionally refuses to give identifying information to a peace officer is being interrogated in connection with a criminal investigation and is not being arrested at that time.