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.