615 – Identification of Persons
I. Purpose
In order for the Harris County Sheriff’s Office to conduct its business in an ethical and professional manner, it is important that employees reliably identify persons they interact with.
II. Policy
Employees of the Harris County Sheriff’s Office will confirm the identities of persons they encounter in an official capacity to the necessary degree.
III. ID Requirements for Filing Charges
The ID threshold for filing charges is determined by the District Attorney’s Office. The information in this section only provides general guidelines.
A. Defendant is known to the Complainant/Witness and has a Texas or other issued state ID, SPN, or FBI number:
1. If the defendant is known to the complainant (such as a parent, sibling, or spouse), the deputy will show the complainant or a witness a Texas or other issued state Driver’s License photo or a previous mugshot photo of defendant from JIMS.
NOTE: The defendant must be KNOWN to them (well known as in by name, sight, and date of birth such as a family member, NOT casually “known” as in “Bob” who lives down the street).
2. If the complainant or witness confirms the defendant is known, the deputy will include the following in their probable cause statement:
“Based on the information provided by (Complainant/Witness) Affiant located (TXDL #____ / prior booking photo via SPN #____/ TX ID #______) and the _____ (complainant/ witness) confirmed the identity of known defendant ___(full name and DOB, IDENTIFIER).”
3. Alternatively, if there is video from the offense or a photo of the defendant, the deputy can compare to a known photo (i.e., a Texas driver’s license or previous booking photo) of the defendant and state they are “one and the same person, namely (example) Defendant John Doe, DOB 01/01/1990 SPN 123211111”.
For example: “Affiant viewed video surveillance footage from the Target store on 01/01/2022 which shows a clear image of the person committing the theft and compared the footage with defendant’s Texas driver’s license #11154789 photo and found they are one and the same person, namely defendant, John Smith, DOB 01/22/1980.”
B. Defendant is known to Complainant/Witness but has no Texas or other issued state ID, SPN, or FBI Number and no previous booking history in JIMS.
1. If the defendant has no Texas driver’s license, Texas ID, or record in JIMS, then the complainant or witness can provide the deputy with any photo of the defendant (e.g., a personal photo, social media photo, or any other photo) and identify the photo as the defendant by name and date of birth.
2. Alternatively, a complainant or witness can confirm a known defendant’s identity based on video or BWC footage.
3. The deputy will send the facial image of the defendant in a PDF with their charge in an email to [email protected]. Next in the deputy’s PC/DIMS summary, the deputy will state the circumstances in which the photo was obtained and who confirmed the identity of the known defendant. The deputy will make a statement such as the following:
“Complainant provided Affiant with a photo which she identified as defendant Jack Jones, DOB 05/05/1999. Said photograph is attached hereto and incorporated herein as Exhibit A for identification purposes.”
C. The defendant is unknown (No ID and unknown to Complainant/Witness).
1. If the defendant is unknown to the complainant or witness and there is no ID for the defendant, then a photo array will be assembled AND the deputy will detail specifically what photo was used in the array.
2. Never use a single photo for ID purposes if the defendant is unknown to the complainant/witness.
3. In the probable cause statement, the deputy may state: “Affiant created a photo array, in accordance with department policy, which consisted of a photo of defendant John Smith, DOB 01/22/1980, via defendant’s TXDL 12345671, along with five other persons with similar characteristics. Affiant had Officer Brookes show the array to the Complainant, in accordance with department policy, who stated Complainant made a selection from the array. Affiant confirmed that the Complainant positively identified Defendant John Smith, DOB 01/22/1980 TXDL #98765432, as the person who robbed her on 01/01/2010 in Harris County, Texas.”
D. If there are any doubts whether a suspect has been positively identified for the purpose of filing charges, then the deputy must consult with the DA’s office to confirm.
IV. ID Requirements for General Administrative Transactions with the HCSO
A. For general administrative transactions with the HCSO, there are three ways an individual can verify his/her identity:
1. One item listed in the “Primary Identity Documents” category, or
2. Two items listed in the “Secondary Identity Documents” category, or
3. One item listed in the “Secondary Identity Documents” category and two documents listed in the “Supporting Identity Documents” category.
B. The information on the documents, such as name and date of birth, must all match. If the name is different on each document, then the individual must provide documents that verify a legal name change.
C. Documents must be original or certified copy. Certified documents should not be laminated. Photocopies are not acceptable.
D. Employees should presume these forms of identification are valid unless circumstances bring their authenticity into question.
V. Primary Identity Documents
A. An individual can present one primary document. No other documents are required to verify identity if one primary document is provided.
B. Primary identity documents include:
1. Texas driver’s license or Texas identification card not expired by more than two (2) years.
2. Valid (unexpired) out-of-state ID or driver’s license.
3. Valid (unexpired) U.S. passport book or U.S. passport card.
4. U.S. Certificate of Citizenship or Certificate of Naturalization with identifiable photograph (may be referred to as form N-550, N-560, N-561, N-570 or N-578).
5. Unexpired Department of Homeland Security or U.S. Citizenship and Immigration Services document with verifiable data and identifiable photo, such as one of the following:
a. U.S. Citizen Identification Card (I-179 or I-197).
b. Permanent Resident Card (I-551).
c. Machine Readable Immigrant Visa with temporary I-551 language and ADIT stamp.
d. Employment Authorization Card (I-766).
e. Unexpired U.S. Travel Document (I-327 or I-571).
f. Advance Parole Document (I-512 or I-512L).
g. I-94 stamped Sec. 208 Asylee with photo.
h. I-94 stamped Sec. 207 Refugee with photo.
i. Valid Refugee Travel Letter with photo, stamped by Customs and Border Protection.
j. American Indian Card (I-872).
k. Northern Mariana card (I-873).
6. Valid (unexpired) foreign passport with attached visa (visa may be expired but passport must be valid) (the visa requirement may be waived in the case of parolees, the Republic of Palau, the Republic of the Marshall Islands, the Federated States of Micronesia, and certain Canadian non-immigrants) and valid Form I-94.
7. Unexpired U.S. military ID card for active duty, reserve or retired personnel with identifiable photo.
8. Any U.S. Department of State issued consular or diplomatic ID card.
VI. Secondary Identity Documents
A. Individuals who do not have a primary document can present two secondary documents. No other documents are required to verify identity if two secondary documents are provided.
B. Secondary identity documents include:
1. A photo ID card issued by a Harris County entity that can be verified (e.g., Enhanced Library Card or HCSO-issued ID card such as a former inmate ID card or Homeless Outreach Team issued ID card.).
2. Original or certified copy of a birth certificate issued by a State Bureau of Vital Statistics or equivalent agency from a U.S. state, U.S. territory, the District of Columbia or a Canadian province.
NOTE: Since the laws of Puerto Rico provide that Puerto Rican birth certificates issued before July 1, 2010 are no longer valid, the HCSO cannot recognize these birth certificates as proof of identification.
3. For U.S. citizens born abroad – Original or certified copy of Consular Report of Birth Abroad (CRBA – Form FS-240) or Certificate of Report of Birth (DS-1350 for FS-545) issued by the U.S. Department of State.
4. Original or certified copy of a court order with name and date of birth indicating a name and/or gender change from a U.S. state, U.S. territory, the District of Columbia, or a Canadian province.
5. Birth documents other than the secondary identity documents listed above may be accepted as a secondary identity document, provided it meets the following minimum requirements:
a. Issued by a local or state government
b. Lists bearer’s full name, date of birth, gender, and place of birth
c. Lists parent(s) full names
d. Includes date filed with registrar’s office
e. Includes registrar’s signature
f. Includes embossed, impressed, or multicolored seal of registrar
VII. Supporting Identity Documents
A. Individuals who do not have a primary document or two secondary documents can provide one secondary document (from the list above) and two supporting documents. Supporting documents may not be photocopies.
B. Supporting identity documents include:
1. Social security card (actual card)
2. Tax form W-2 or 1099
3. Driver license or ID card issued by another U.S. state, U.S. territory, the District of Columbia, or Canadian province (unexpired or expired less than two (2) years)*
4. Texas driver license or ID card that has been expired more than two years (actual card)
5. Temporary Texas driver license or ID card (actual receipt)
6. School records* (e.g., report cards, photo ID cards)
7. Unexpired U.S. military dependent identification card
8. Original or certified copy of marriage license or divorce decree (if the document is not in English, a certified translation must accompany it)
9. Valid, unexpired Texas Voter registration card*
10. Pilot license* (actual card)
11. Concealed handgun license or License to Carry*
12. Professional license issued by a Texas state agency
13. ID card issued by a government agency*
14. A valid consular document issued by a state or national government
15. Texas Inmate ID card or similar form of ID issued by Texas Department of Criminal Justice
16. Texas Department of Criminal Justice parole or mandatory release certificate
17. Federal inmate identification card
18. Federal parole or release certificate
19. Medicare or Medicaid card (actual card)
20. Selective Service card (actual card)
21. Immunization records*
22. Tribal membership card from federally-recognized tribe
23. Certificate of Degree of Indian Blood
24. Valid, unexpired foreign passport
25. Insurance policy valid continuously for the past two years (e.g., auto, home or life insurance)
26. Valid, unexpired Texas vehicle registration or title
27. Valid, unexpired Texas boat registration or title
28. Veteran’s ID card issued by the U.S. Department of Veteran Affairs
29. Original or certified copy of an abstract (shortened) birth certificate issued by a State Bureau of Vital Statistics or equivalent agency from a U.S. state, U.S. territory, or the District of Columbia
30. Hospital-issued birth record*
31. Military records (e.g., Form DD-214, DD-215, NGB-22)
NOTE: *The document must be issued by an institution, entity or government from a U.S. state, a U.S. territory, the District of Columbia, or a Canadian province.
Revision
This policy has been revised on the below listed dates:
August 19, 2024