| 1 | 1 | | 82R7602 NAJ-D |
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| 2 | 2 | | By: Taylor of Collin, Fletcher, et al. H.B. No. 1377 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of peace officers to request fingerprints |
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| 8 | 8 | | during motor vehicle stops. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 2.32 to read as follows: |
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| 12 | 12 | | Art. 2.32. OBTAINING FINGERPRINTS DURING MOTOR VEHICLE |
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| 13 | 13 | | STOP. (a) In this article: |
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| 14 | 14 | | (1) "Citation" means any summons, ticket, or other |
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| 15 | 15 | | official document issued to a person by a peace officer that |
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| 16 | 16 | | requires the person to respond or appear. |
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| 17 | 17 | | (2) "Motor vehicle stop" means an occasion in which a |
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| 18 | 18 | | peace officer stops a motor vehicle based on the officer's |
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| 19 | 19 | | reasonable suspicion of an alleged violation of a law or ordinance. |
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| 20 | 20 | | (b) For purposes of accurately determining the person's |
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| 21 | 21 | | identity, a peace officer who makes a motor vehicle stop may request |
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| 22 | 22 | | and obtain one digital fingerprint from each hand of the person |
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| 23 | 23 | | operating the motor vehicle if the person operating the motor |
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| 24 | 24 | | vehicle fails to provide to the officer during the stop: |
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| 25 | 25 | | (1) a driver's license issued to the person under |
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| 26 | 26 | | Chapter 521 or 522, Transportation Code; |
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| 27 | 27 | | (2) a driver's license or commercial driver's license |
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| 28 | 28 | | issued to the person by another state; |
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| 29 | 29 | | (3) a United States passport issued to the person; or |
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| 30 | 30 | | (4) any other form of photographic identification |
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| 31 | 31 | | issued to the person by a governmental entity. |
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| 32 | 32 | | (c) In addition to or instead of the digital fingerprints |
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| 33 | 33 | | permitted under Subsection (b), the peace officer may request and |
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| 34 | 34 | | obtain one ink fingerprint from each hand of the person if the |
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| 35 | 35 | | requirements of Subsection (b) are otherwise met and the officer |
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| 36 | 36 | | issues a citation to the person for any offense as part of the motor |
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| 37 | 37 | | vehicle stop. An ink fingerprint must be placed on an area of the |
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| 38 | 38 | | citation that can be detached from the citation without damaging or |
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| 39 | 39 | | altering any information on the citation. |
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| 40 | 40 | | (d) The person operating the motor vehicle shall provide the |
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| 41 | 41 | | person's fingerprints on a request by the peace officer under |
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| 42 | 42 | | Subsection (b) or (c). |
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| 43 | 43 | | (e) Subject to Subsection (f), the peace officer and the |
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| 44 | 44 | | applicable law enforcement agency may retain a digital or ink |
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| 45 | 45 | | fingerprint under this article beyond the duration of the motor |
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| 46 | 46 | | vehicle stop only if the person operating the motor vehicle is cited |
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| 47 | 47 | | or arrested for an offense during or as a result of the stop. |
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| 48 | 48 | | (f) A digital or ink fingerprint taken under this article |
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| 49 | 49 | | must be discarded not later than the 30th day after the date the |
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| 50 | 50 | | custodian of the fingerprint receives proof from any source that |
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| 51 | 51 | | each criminal charge relating to the person's citation or arrest |
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| 52 | 52 | | has been resolved as follows: |
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| 53 | 53 | | (1) the charge was dismissed with prejudice against |
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| 54 | 54 | | the state; |
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| 55 | 55 | | (2) the person was acquitted of the charge; or |
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| 56 | 56 | | (3) the person was convicted of an offense punishable |
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| 57 | 57 | | by fine only or the charge based on such an offense was dismissed |
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| 58 | 58 | | for any reason. |
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| 59 | 59 | | (g) Based on available information regarding the retention |
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| 60 | 60 | | of a fingerprint under Subsection (e), a court shall make a good |
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| 61 | 61 | | faith effort to notify each custodian of the defendant's |
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| 62 | 62 | | fingerprints as soon as practicable after the occurrence of any |
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| 63 | 63 | | disposition of the defendant's case by the court as described by |
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| 64 | 64 | | Subsection (f). |
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| 65 | 65 | | (h) This article does not prevent a peace officer from |
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| 66 | 66 | | obtaining fingerprints through a person's voluntary compliance |
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| 67 | 67 | | with the peace officer's request for fingerprints or through any |
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| 68 | 68 | | other lawful means. |
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| 69 | 69 | | SECTION 2. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2011. |
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