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A BILL TO BE ENTITLED
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AN ACT
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relating to detentions during motor vehicle stops for the purpose |
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of determining the identity of persons operating the vehicles. |
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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. DETERMINING IDENTITY DURING MOTOR VEHICLE STOP. |
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(a) In this article, "motor vehicle stop" means an occasion in |
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which a 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 detain |
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the person operating the motor vehicle if the person operating the |
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motor vehicle: |
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(1) fails to provide to the officer during the stop: |
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(A) a driver's license issued to the person under |
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Chapter 521 or 522, Transportation Code; |
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(B) a driver's license or commercial driver's |
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license issued to the person by another state; |
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(C) a United States passport issued to the |
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person; or |
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(D) any other form of photographic |
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identification issued to the person by a governmental entity; or |
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(2) instead of providing a form of identification |
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described by Subdivision (1), provides one fingerprint from each |
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hand of the person. |
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(c) A peace officer may request a person operating a motor |
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vehicle to provide one fingerprint from each hand if the person |
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fails to provide a form of identification described by Subsection |
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(b)(1). |
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(d) A peace officer may detain a person under Subsection (b) |
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only for the period that is reasonably necessary to accurately |
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determine the person's identity and, notwithstanding any other law, |
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may not arrest the person under state law solely for the person's |
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failure to provide the identifying information described by that |
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subsection. |
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(e) This article does not prevent a peace officer from |
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obtaining fingerprints through any 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, 2013. |