Bill Text: TX HB157 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to detentions during motor vehicle stops for the purpose of determining the identity of persons operating the vehicles.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-02-06 - Referred to State Affairs [HB157 Detail]
Download: Texas-2013-HB157-Introduced.html
| 83R972 NAJ-D | ||
| By: Taylor | H.B. No. 157 | |
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| relating to detentions during motor vehicle stops for the purpose | ||
| of determining the identity of persons operating the vehicles. | ||
| 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. DETERMINING IDENTITY DURING MOTOR VEHICLE STOP. | ||
| (a) In this article, "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 detain | ||
| the person operating the motor vehicle if the person operating the | ||
| motor vehicle: | ||
| (1) fails to provide to the officer during the stop: | ||
| (A) a driver's license issued to the person under | ||
| Chapter 521 or 522, Transportation Code; | ||
| (B) a driver's license or commercial driver's | ||
| license issued to the person by another state; | ||
| (C) a United States passport issued to the | ||
| person; or | ||
| (D) any other form of photographic | ||
| identification issued to the person by a governmental entity; or | ||
| (2) instead of providing a form of identification | ||
| described by Subdivision (1), provides one fingerprint from each | ||
| hand of the person. | ||
| (c) A peace officer may request a person operating a motor | ||
| vehicle to provide one fingerprint from each hand if the person | ||
| fails to provide a form of identification described by Subsection | ||
| (b)(1). | ||
| (d) A peace officer may detain a person under Subsection (b) | ||
| only for the period that is reasonably necessary to accurately | ||
| determine the person's identity and, notwithstanding any other law, | ||
| may not arrest the person under state law solely for the person's | ||
| failure to provide the identifying information described by that | ||
| subsection. | ||
| (e) This article does not prevent a peace officer from | ||
| obtaining fingerprints 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, 2013. | ||
