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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of peace officers to request fingerprints |
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during motor vehicle stops. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.32 to read as follows: |
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Art. 2.32. OBTAINING FINGERPRINTS DURING MOTOR VEHICLE |
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STOP. (a) In this article: |
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(1) "Citation" means any summons, ticket, or other |
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official document issued to a person by a peace officer that |
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requires the person to respond or appear. |
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(2) "Motor vehicle stop" means an occasion in which a |
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peace officer stops a motor vehicle based on the officer's |
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reasonable suspicion of an alleged violation of a law or ordinance. |
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(b) For purposes of accurately determining the person's |
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identity, a peace officer who makes a motor vehicle stop may request |
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and obtain one digital fingerprint from each hand of the person |
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operating the motor vehicle if the person operating the motor |
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vehicle fails to provide to the officer during the stop: |
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(1) a driver's license issued to the person under |
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Chapter 521 or 522, Transportation Code; |
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(2) a driver's license or commercial driver's license |
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issued to the person by another state; |
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(3) a United States passport issued to the person; or |
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(4) any other form of photographic identification |
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issued to the person by a governmental entity. |
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(c) In addition to or instead of the digital fingerprints |
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permitted under Subsection (b), the peace officer may request and |
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obtain one ink fingerprint from each hand of the person if the |
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requirements of Subsection (b) are otherwise met and the officer |
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issues a citation to the person for any offense as part of the motor |
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vehicle stop. An ink fingerprint must be placed on an area of the |
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citation that can be detached from the citation without damaging or |
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altering any information on the citation. |
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(d) The person operating the motor vehicle shall provide the |
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person's fingerprints on a request by the peace officer under |
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Subsection (b) or (c). |
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(e) Subject to Subsection (f), the peace officer and the |
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applicable law enforcement agency may retain a digital or ink |
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fingerprint under this article beyond the duration of the motor |
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vehicle stop only if the person operating the motor vehicle is cited |
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or arrested for an offense during or as a result of the stop. |
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(f) A digital or ink fingerprint taken under this article |
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must be discarded not later than the 30th day after the date the |
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custodian of the fingerprint receives proof from any source that |
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each criminal charge relating to the person's citation or arrest |
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has been resolved as follows: |
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(1) the charge was dismissed with prejudice against |
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the state; |
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(2) the person was acquitted of the charge; or |
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(3) the person was convicted of an offense punishable |
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by fine only or the charge based on such an offense was dismissed |
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for any reason. |
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(g) Based on available information regarding the retention |
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of a fingerprint under Subsection (e), a court shall make a good |
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faith effort to notify each custodian of the defendant's |
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fingerprints as soon as practicable after the occurrence of any |
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disposition of the defendant's case by the court as described by |
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Subsection (f). |
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(h) This article does not prevent a peace officer from |
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obtaining fingerprints through a person's voluntary compliance |
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with the peace officer's request for fingerprints or through any |
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other lawful means. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |