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.