Violations - immunity.

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(1) Actions taken in knowing violation of this article shall not be protected by governmental immunity provided to public employees by article 10 of this title.

(2) A peace officer who, in the performance of the officer's duties, utilizes identification that is not secure and verifiable shall not forfeit governmental immunity pursuant to this section if such officer:

  1. Gathers all information from such identification; and

  2. If feasible, according to any applicable law enforcement agency guidelines, gathersfingerprint information from such person and stores such fingerprints for at least one year as a criminal justice record.

Source: L. 2003: Entire article added, p. 1888, § 1, effective May 22.


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