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.
Spectrum: Partisan Bill (Republican 1-0)
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 |
|
||
|
||
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. |