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Senate Bill 1195 |
Senate Author: Hinojosa |
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Effective: Vetoed |
House Sponsor: Dutton |
Senate Bill 1195 amends the Code of Criminal Procedure to prohibit a peace officer who stops a motor vehicle for any alleged traffic violation from searching the vehicle unless the officer has probable cause or other legal basis for the search, obtains consent, or meets certain other requirements. The bill amends the Government Code to require the director of the Department of Public Safety to establish certain requirements for the forms and audio and video recordings used in the prescribed stops.
Reason Given for Veto: "Senate Bill No. 1195 would require law enforcement officers, in certain traffic stop situations, to get a signed or video or audio taped consent before searching a vehicle. A limited number of jurisdictions in Texas already require their officers to get a signed or recorded consent before searching a vehicle, and there is nothing in current law that prohibits other entities from adopting policies that require their officers to receive written consent prior to conducting searches.
"I believe we already have sufficient protections in our Constitution and case law that protect Texans against unreasonable searches. Furthermore, there is insufficient information available at this time to determine whether signed or taped consent requirements place too onerous a burden on law enforcement or provide additional protections to the public. I would expect members of the legislature to review this issue during the interim and to bring back their findings to the 80th legislative session."