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