Tex. Code Crim. Proc. art. 2A.061

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 2A.061 - [Effective 1/1/2025] Misused Identity Notifications

On receiving information that a person's identifying information was falsely given by an arrested person as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall:

(1) notify the person that:

(A) the person's identifying information was misused by another person arrested in the county;

(B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and

(C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55A; and

(2) notify the Department of Public Safety regarding:

(A) the misuse of the identifying information;

(B) the actual identity of the person arrested, if known by the agency; and

(C) whether the agency was able to notify the person whose identifying information was misused. (Code Crim. Proc., Art. 2.28.)

Tex. Code Crim. Proc. § 2A.061

Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 1.001, eff. 1/1/2025.