STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 923	By:	Sykes

AS INTRODUCED

An Act relating to public safety; amending 47 O.S. 2001, Section 6-110.2, as last amended by Section 6, Chapter 159, O.S.L. 2008 (47 O.S. Supp. 2008, Section 6-110.2), which relates to computerized finger imaging; providing an option for submission of image; allowing issuance of certain documents without image; prohibiting certain persons from submitting images without authorization; requiring applicants to sign certain form; directing content of certain form; requiring the Department of Public Safety to retrieve and secure certain information; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 6-110.2, as last amended by Section 6, Chapter 159, O.S.L. 2008 (47 O.S. Supp. 2008, Section 6-110.2), is amended to read as follows:
Section 6-110.2.  A.  The Department of Public Safety shall implement a procedure for computerized finger imaging by means of an inkless finger image scanning device and shall require which will allow every applicant for an original, renewal or replacement driver license or identification card who so desires to submit to finger imaging for the purposes of proof of identity and to ensure the security of the driver license or identification card issued to the applicant.  Nothing in this section shall be construed to compel any applicant to submit to finger imaging.
B.  No unemancipated person under eighteen (18) years of age shall be issued a driver license or identification card by the Department unless submit to finger imaging unless the legal custodial parent or legal guardian of the person signs an authorization form, prescribed and furnished by the Department, authorizing the finger imaging of the person and signed by the legal custodial parent or legal guardian of the person, is in the possession of the Department.
C.  Before an applicant may provide a finger image, the applicant shall sign a form, furnished by the Department, which states the following:
"I voluntarily submit to finger imaging for the purpose of receiving an original, renewal or replacement driver license or identification card.  I understand that the finger image I submit is compatible with international biometric information standards.  I understand that these standards make it possible for biometric information to be shared internationally.  I understand that biometric technologies can be inaccurate and that I could be at risk of being incorrectly identified by the use of such technologies.  I understand that the Department of Public Safety will retain my finger image, and cannot release my finger image to any agency of the state or federal government without a court order."
D.  No law enforcement agency of the state or federal government other than the Department of Public Safety shall have access to any information collected through the use of computerized finger imaging without first obtaining a court order from a judge of competent jurisdiction.  Each application for an order authorizing the access to any information collected through the use of computerized finger imaging shall be made in writing upon oath or affirmation to a judge of competent jurisdiction.  Each application shall establish probable cause for belief that a named individual is committing, has committed or is about to commit a particular violation of law.  Any computerized finger imaging information which has been shared with any person or entity, public or private, for any purpose other than compliance with a court order pursuant to this subsection shall be retrieved and secured by the Department.
D. E.  The Commissioner of Public Safety shall adopt rules as may be necessary to carry out the provisions of this section.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-1-874	MRB	1/15/2009 10:53:01 AM