By Carter                                              H.B. No. 618
       74R2968 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the Department of Public Safety to
    1-3  establish a checkpoint on a street or highway to determine whether
    1-4  persons are driving while intoxicated or whether persons possess
    1-5  controlled substances in violation of the Texas Controlled
    1-6  Substances Act.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Part 1, Code of Criminal Procedure, is amended by
    1-9  adding Chapter 61 to read as follows:
   1-10                   CHAPTER 61.  HIGHWAY CHECKPOINTS
   1-11        Art. 61.01.  AUTHORIZATION FOR CHECKPOINTS.  The Department
   1-12  of Public Safety may operate a temporary checkpoint as provided by
   1-13  this article on a street or highway to determine whether persons
   1-14  operating motor vehicles on the street or highway are intoxicated
   1-15  in violation of Section 49.04, Penal Code, or to determine whether
   1-16  persons possess a controlled substance in violation of Chapter 481,
   1-17  Health and Safety Code.  The department may not establish a
   1-18  checkpoint under this chapter for more than one purpose.
   1-19        Art. 61.02.  APPROVAL OF AND PROCEDURES FOR CHECKPOINTS.  (a)
   1-20  A peace officer of the department of at least the rank of
   1-21  lieutenant must approve the operation of a checkpoint and the
   1-22  procedures to be used in the operation of the checkpoint before the
   1-23  checkpoint begins operation.
   1-24        (b)  The approving officer must record in writing the
    2-1  procedures used in selecting the site for the checkpoint and the
    2-2  procedures to be used in the operation of the checkpoint.
    2-3        (c)  The procedures for the operation of a checkpoint must
    2-4  ensure that the selection of motor vehicles to be stopped is
    2-5  reasonably predictable and nonarbitrary.  For example, every
    2-6  vehicle or every other vehicle entering the checkpoint, from one or
    2-7  both directions, may be stopped.
    2-8        (d)  The approving officer in establishing the location,
    2-9  time, and design of a checkpoint shall consider the safety of the
   2-10  public entering the checkpoint and the peace officers operating the
   2-11  checkpoint.  The peace officers operating the checkpoint shall make
   2-12  reasonable efforts to place signs or other devices to advise
   2-13  operators of oncoming motor vehicles of the checkpoint, to
   2-14  demarcate the checkpoint with flares, flags, or traffic cones, and
   2-15  to otherwise illuminate the checkpoint if necessary.
   2-16        (e)  Peace officers operating the checkpoint must be in
   2-17  uniform.
   2-18        (f)  The approving officer shall establish procedures
   2-19  governing the encounters between the operators of motor vehicles
   2-20  and the peace officers to ensure that:
   2-21              (1)  an intrusion on the operator of a vehicle is
   2-22  minimized; and
   2-23              (2)  an inquiry be reasonably related to determining
   2-24  whether the operator is intoxicated and in violation of Section
   2-25  49.04, Penal Code, or whether a person in the vehicle possesses a
   2-26  controlled substance in violation of Chapter 481, Health and Safety
   2-27  Code.
    3-1        (g)  A peace officer may request a person operating a motor
    3-2  vehicle at a checkpoint to display the person's driver's license
    3-3  and to furnish evidence of financial responsibility as required by
    3-4  law.  A peace officer may not direct a person in a motor vehicle to
    3-5  leave the vehicle or move the vehicle off the street, highway, or
    3-6  routine checkpoint diversion route unless the officer has
    3-7  reasonable suspicion or probable cause to believe that the person
    3-8  has committed or is committing an offense.  The design of a
    3-9  checkpoint may require that each motor vehicle passing through the
   3-10  checkpoint be diverted to a location adjacent to the street or
   3-11  highway to ensure safety.
   3-12        (h)  A peace officer operating a checkpoint may not require
   3-13  the operator of a motor vehicle to perform a sobriety test unless
   3-14  the officer has reasonable suspicion or probable cause to believe
   3-15  that the operator is violating Section 49.04, Penal Code.  A peace
   3-16  officer who requires or requests a vehicle operator to provide a
   3-17  specimen of breath, blood, or urine must comply with Chapter 434,
   3-18  Acts of the 61st Legislature, Regular Session, 1969 (Article
   3-19  6701l-5, Vernon's Texas Civil Statutes).
   3-20        (i)  A peace officer operating a checkpoint may not search a
   3-21  motor vehicle unless the officer has reasonable suspicion or
   3-22  probable cause to believe that a person in the vehicle possesses a
   3-23  controlled substance in violation of Chapter 481, Health and Safety
   3-24  Code.
   3-25        (j)  Unless a peace officer has reasonable suspicion or
   3-26  probable cause to detain a person in the vehicle for a criminal
   3-27  offense, the time during which an officer makes an inquiry of a
    4-1  person in the vehicle should not exceed two minutes, and the total
    4-2  time during which the operator of the vehicle must wait to pass
    4-3  through the checkpoint should not exceed 10 minutes.  The
    4-4  department shall make reasonable efforts to reduce these periods to
    4-5  not more than one and five minutes, respectively.
    4-6        (k)  The department shall make reasonable efforts to
    4-7  publicize the operation of a checkpoint but is not required to
    4-8  disclose the precise date, time, location, or purpose of the
    4-9  checkpoint.
   4-10        (l)  The department may not operate a checkpoint at one
   4-11  location for more than four hours and may not operate a checkpoint
   4-12  at the same  location more than twice in a seven-day period.  For
   4-13  the purposes of this subsection, checkpoints located within
   4-14  one-half mile of each other are considered to be at the same
   4-15  location.  This subsection does not apply in an emergency.
   4-16        (m)  The department shall keep a record of the operation of a
   4-17  checkpoint that contains:
   4-18              (1)  the date, time, location, and duration of the
   4-19  checkpoint;
   4-20              (2)  the number of motor vehicles stopped at the
   4-21  checkpoint and the number and nature of arrests made and citations
   4-22  issued at the checkpoint; and
   4-23              (3)  the identities of the peace officers operating the
   4-24  checkpoint.
   4-25        Art. 61.03.  DEFINITIONS.  In this chapter:
   4-26              (1)  "Department" means the Department of Public Safety
   4-27  of the State of Texas.
    5-1              (2)  "Street or highway" has the meaning assigned by
    5-2  Section 13(a), Uniform Act Regulating Traffic on Highways (Article
    5-3  6701d, Vernon's Texas Civil Statutes).
    5-4        SECTION 2.  The importance of this legislation and the
    5-5  crowded condition of the calendars in both houses create an
    5-6  emergency and an imperative public necessity that the
    5-7  constitutional rule requiring bills to be read on three several
    5-8  days in each house be suspended, and this rule is hereby suspended,
    5-9  and that this Act take effect and be in force from and after its
   5-10  passage, and it is so enacted.