Texas 2011 - 82nd Regular

Texas House Bill HB837 Latest Draft

Bill / Introduced Version

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                            82R4610 NAJ-D
 By: Taylor of Collin H.B. No. 837


 A BILL TO BE ENTITLED
 AN ACT
 relating to the authority of peace officers to request thumbprints
 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 THUMBPRINT 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 a digital thumbprint from 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 thumbprint
 permitted under Subsection (b), the peace officer may request and
 obtain an ink thumbprint from 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 thumbprint 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 thumbprint 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
 thumbprint 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 thumbprint taken under this article
 must be discarded not later than the 30th day after the date the
 custodian of the thumbprint 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 thumbprint under Subsection (e), a court shall make a good
 faith effort to notify each custodian of the defendant's thumbprint
 as soon as practicable after the occurrence of any disposition of
 the defendant's case by the court as described by Subsection (f).
 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.