BILL ANALYSIS C.S.S.B. 357 By: Sibley Criminal Justice 4-28-95 Committee Report (Substituted) BACKGROUND The Texas Court of Criminal Appeals has held that sobriety checkpoints are unconstitutional if no administrative scheme is in place. Currently, a law enforcement agency does not have the authority to establish a checkpoint on a public highway to determine whether persons are driving while intoxicated. PURPOSE As proposed, S.B. 357 authorizes a law enforcement agency to establish a checkpoint for the purpose of determining whether persons are driving while intoxicated. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 116, V.T.C.S., by adding Article 6701l-8, as follows: Art. 6701l-8. SOBRIETY CHECKPOINTS Sec. 1. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. Authorizes a law enforcement agency (agency) to operate a temporary checkpoint as provided by this article on a street or highway to determine whether persons operating motor vehicles are in violation of Section 49.04, Penal Code (Driving While Intoxicated). Sec. 2. APPROVAL OF AND PROCEDURES FOR SOBRIETY CHECKPOINTS. (a) Requires at least a lieutenant or its equivalent in the agency to approve the operation of a checkpoint by peace officers of the agency and the procedures to be used in the operation of the checkpoint before it begins operation. (b) Sets forth the required procedures which must be recorded in writing. (c) Requires the procedures to ensure that the selection of motor vehicles to be stopped is reasonably predictable and nonarbitrary. (d) Requires the agency to consider the safety of the public entering the checkpoint and the peace officers operating the checkpoint. Requires the agency to make reasonable efforts to place signs or other devices to advise oncoming drivers of the checkpoint and its purpose. (e) Requires the peace officer to wear a uniform distinguishable from civilian dress. (f) Requires the agency to establish procedures governing the encounters between drivers and the officers. (g) Authorizes an officer to request a person driving a vehicle at a checkpoint to display the person's driver's license and to furnish evidence of financial responsibility as required by law. Prohibits an officer from directing a driver or a passenger in a motor vehicle to leave the vehicle or move the vehicle off the checkpoint diversion route unless the officer has reasonable suspicion or probable cause to believe that the person has committed or is committing an offense. Authorizes the design of the checkpoint to require that each motor vehicle passing through the checkpoint be diverted to a location adjacent to the street or highway to ensure safety. (h) Prohibits an officer from requiring a driver to perform a sobriety test unless the officer has probable cause to believe that the driver is violating Section 49.04, Penal Code. Requires an officer to comply with Chapter 434, Article 6701l-5, V.T.C.S. (i) Prohibits an officer from detaining a driver without reasonable suspicion for more than two minutes, and prohibits the total time to pass through the checkpoint from exceeding 10 minutes. Requires the agency to make reasonable efforts to reduce these periods to not more than one and five minutes, respectively. (j) Requires the agency to make reasonable efforts to publicize the operation of a checkpoint but is not required to disclose the precise date, time, location, or purpose of the checkpoint. (k) Prohibits an agency from operating a checkpoint at one location for more than four hours and from operating a checkpoint at the same location more than twice in a seven-day period. Provides that checkpoints located within one-half mile of each other are considered to be at the same location. Provides that this subsection does not apply in an emergency. (l) Sets forth the contents of a required record of a checkpoint operation an agency is required to keep. Sec. 3. DEFINITIONS. Defines "law enforcement agency" and "street or highway." SECTION 2. Emergency clause. Effective date: upon passage.