If there was ever a person that makes me shake my head more than Texas State Sen. Dan Patrick does, I sure don't recall them. My goodness Dannie can frustratie me! Here he goes again:
SECTION 1. Section 38.02(a), Penal Code, is amended to read as follows:
(a) A person commits an offense if the person [
he] intentionally refuses to give the person's [ his] name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested or lawfully detained the person; and
(2) requested the information.
I know, you're probably thinking to yourself, big whoop. At first glance, it doesn't look like much of a change in law. It just adds a little phrase, "lawfully detained", to make sure that you identify yourself to any cop that wants to know. No big deal, right?
Wrong. Absolutely,completly, toally WRONG. Scott Henson over at Grits for Breakfast breaks it down (emphasis added):
Arresting people for no other reason than refusing to give their name? So much for the right to remain silent. How can you tell the cop your name if you're silent, and if by law you must break silence any time a cop detains you, how can one be reasonably said to have a "right" to it? Where are the "limited government" conservatives when you need them?
This is creeping totalitarianism, and I have a hard time wrapping my head around the fact that it's being promoted by one of the most ardent small-government advocates in all of Texas politics. Heaping more power on government agents in routine encounters with citizens is not my idea of "limited government."
And therein lies the duplicitous nature of Dannie. And of many Texas conservatives – they pick and choose issues to be for and against as if they were walking down the line at a Luby's Cafeteria.
This isn't how conservatism is supposed to work. You either support freedom and liberty via limited government or you don't. As for me and my house, we will always support freedom and liberty over these "creeping" types of laws. And I hope you will too. A hearing on this bill is being held tomorrow by the Senate Criminal Justice committee. Here is a list of the committeee members and here is the agenda for the hearing. Also, be sure and let your senator know that you are against this attempt to further restrict your freedom.
For every good proposal Sen. Patrick has, it seems as if he has a half dozen bad…
Ain't that the truth.