Houston Criminal Defense Attorney - Texas Code of Criminal procedure Art. 2.28

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.28

Article 2.28 of the Texas Code of Criminal Procedure outlines the responsibilities of local law enforcement agencies when they receive information that a person's identifying information has been falsely used by an individual who has been arrested. When such a situation arises, the law enforcement agency in the county where the arrest took place is required to take the following actions:

1. Notify the affected person that: (A) Another individual who was arrested in the county has falsely used their identifying information. (B) The affected person has the option to file a declaration with the Department of Public Safety as per Section 411.0421 of the Government Code. (C) The affected person has the right to seek expunction of information from criminal records and files under Chapter 55 of the Texas Code of Criminal Procedure.

2. Inform the Department of Public Safety about the following: (A) The fact that the arrested person misused the identifying information. (B) The actual identity of the arrested person, if known by the law enforcement agency. (C) Whether the agency was able to successfully notify the person whose identifying information was misused.

This article, added by Acts 2003, aims to provide a framework for addressing cases where someone's identity has been misused by another individual during an arrest. It outlines the steps that law enforcement agencies must take to inform the affected individual, facilitate their rights to address the situation, and notify the relevant authorities about the misuse of identity. The primary purpose of this article is to ensure that individuals whose identity has been falsely used have the opportunity to correct the record and seek expunction if necessary. The provisions of this article came into effect on September 1, 2003.

Art. 2.28. DUTIES REGARDING MISUSED IDENTITY.

On receipt of information to the effect that a person's identifying information was falsely given by a person arrested 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 55 of this code; 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.

Added by Acts 2003, 78th Leg., ch. 339, Sec. 1, eff. Sept. 1, 2003.

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