By: Sibley, et al. S.B. No. 357 A BILL TO BE ENTITLED AN ACT 1-1 relating to the authority of certain law enforcement agencies to 1-2 establish a checkpoint on a street or highway to determine whether 1-3 persons are driving while intoxicated. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 116, Revised Statutes, is amended by adding 1-6 Article 6701l-8 to read as follows: 1-7 Art. 6701l-8. SOBRIETY CHECKPOINTS 1-8 Sec. 1. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. A law 1-9 enforcement agency may operate a temporary checkpoint as provided 1-10 by this article on a street or highway to determine whether persons 1-11 operating motor vehicles on the street or highway are intoxicated 1-12 and in violation of Section 49.04, Penal Code. 1-13 Sec. 2. APPROVAL OF AND PROCEDURES FOR SOBRIETY CHECKPOINTS. 1-14 (a) A peace officer of at least the rank of lieutenant or its 1-15 equivalent in the law enforcement agency must approve the operation 1-16 of a checkpoint by peace officers of the agency and the procedures 1-17 to be used in the operation of the checkpoint before the checkpoint 1-18 begins operation. 1-19 (b) The law enforcement agency must record in writing the 1-20 procedures: 1-21 (1) used in selecting the site for the checkpoint; and 1-22 (2) to be used in the operation of the checkpoint. 1-23 (c) The procedures for the operation of a checkpoint must 1-24 ensure that the selection of motor vehicles to be stopped is 2-1 reasonably predictable and nonarbitrary. For example, every 2-2 vehicle or every other vehicle entering the checkpoint, from one or 2-3 both directions, may be stopped. 2-4 (d) The law enforcement agency, in establishing the 2-5 location, time, and design of a checkpoint, shall consider the 2-6 safety of the public entering the checkpoint and the peace officers 2-7 operating the checkpoint. The law enforcement agency shall make 2-8 reasonable efforts to place signs or other devices to advise 2-9 oncoming drivers of the checkpoint and the purpose of the 2-10 checkpoint, to demarcate the checkpoint with flares, flags, or 2-11 traffic cones, and otherwise to illuminate the checkpoint as 2-12 necessary. 2-13 (e) The peace officer who makes the initial traffic 2-14 directive or other communication with the driver of a vehicle at 2-15 the checkpoint must be wearing a uniform distinguishable from 2-16 civilian dress. 2-17 (f) The law enforcement agency shall establish procedures 2-18 governing the encounters between drivers and the peace officers to 2-19 ensure that: 2-20 (1) an intrusion on a driver is minimized; and 2-21 (2) an inquiry be reasonably related to determining 2-22 whether the driver is intoxicated and in violation of Section 2-23 49.04, Penal Code. 2-24 (g) A peace officer may request a person driving a vehicle 2-25 at a checkpoint to display the person's driver's license and to 2-26 furnish evidence of financial responsibility as required by law. A 2-27 peace officer may not direct a driver or a passenger in a motor 3-1 vehicle to leave the vehicle or move the vehicle off the street, 3-2 highway, or routine checkpoint diversion route unless the officer 3-3 has reasonable suspicion or probable cause to believe that the 3-4 person has committed or is committing an offense. The design of a 3-5 checkpoint may require that each motor vehicle passing through the 3-6 checkpoint be diverted to a location adjacent to the street or 3-7 highway to ensure safety. 3-8 (h) A peace officer may not require a driver to perform a 3-9 sobriety test unless the officer has reasonable suspicion or 3-10 probable cause to believe that the driver is violating Section 3-11 49.04, Penal Code. A peace officer who requires or requests a 3-12 driver to provide a specimen of breath, blood, or urine must comply 3-13 with Chapter 434, Acts of the 61st Legislature, Regular Session, 3-14 1969 (Article 6701l-5, Vernon's Texas Civil Statutes). 3-15 (i) Unless a peace officer has reasonable suspicion or 3-16 probable cause to detain a driver or a passenger for a criminal 3-17 offense, the time during which an officer makes an inquiry of a 3-18 driver or passenger should not exceed two minutes, and the total 3-19 time during which the driver must wait to pass through the 3-20 checkpoint should not exceed 10 minutes. The law enforcement 3-21 agency shall make reasonable efforts to reduce these periods to not 3-22 more than one and five minutes, respectively. 3-23 (j) The law enforcement agency shall make reasonable efforts 3-24 to publicize the operation of a checkpoint but is not required to 3-25 disclose the precise date, time, location, or purpose of the 3-26 checkpoint. 3-27 (k) A law enforcement agency may not operate a checkpoint at 4-1 one location for more than four hours and may not operate a 4-2 checkpoint at the same location more than twice in a seven-day 4-3 period. For the purposes of this subsection, checkpoints located 4-4 within one-half mile of each other are considered to be at the same 4-5 location. This subsection does not apply in an emergency. 4-6 (l) A law enforcement agency shall keep a record of the 4-7 operation of a checkpoint that contains: 4-8 (1) the date, time, location, and duration of the 4-9 checkpoint; 4-10 (2) the number of motor vehicles stopped at the 4-11 checkpoint and the number and nature of arrests made and citations 4-12 issued at the checkpoint; and 4-13 (3) the identities of the peace officers operating the 4-14 checkpoint. 4-15 Sec. 3. VISUAL RECORDING OF SOBRIETY CHECKPOINTS. (a) A 4-16 law enforcement agency that operates a sobriety checkpoint shall 4-17 visually record the operation of the checkpoint. The visual 4-18 recording must display the day, date, and time that the recording 4-19 was made. 4-20 (b) The law enforcement agency shall retain each recording 4-21 of the operation of a checkpoint until at least the first 4-22 anniversary of the operation of that checkpoint. 4-23 (c) No later than the third working day of each month, a law 4-24 enforcement agency shall report the operation of each checkpoint 4-25 during the preceding month to the traffic safety section of the 4-26 traffic operations division of the Texas Department of 4-27 Transportation at its offices in Austin. 5-1 (d) The traffic operations division is entitled to: 5-2 (1) view each visual recording of the operation of a 5-3 checkpoint made by a law enforcement agency under Subsection (a) of 5-4 this section; and 5-5 (2) inspect any information in the possession of the 5-6 law enforcement agency that relates to the operation of a sobriety 5-7 checkpoint by the agency. 5-8 (e) No later than January 31, 1997, the traffic operations 5-9 division shall submit a report on the effectiveness of sobriety 5-10 checkpoints operated under this article in this state to the 5-11 governor, the lieutenant governor, and the speaker of the house of 5-12 representatives. This subsection expires February 1, 1997. 5-13 Sec. 4. DEFINITIONS. In this article: 5-14 (1) "Law enforcement agency" means: 5-15 (A) the Department of Public Safety of the State 5-16 of Texas; 5-17 (B) the sheriff's department of a county; or 5-18 (C) the police department of a municipality. 5-19 (2) "Street or highway" has the meaning assigned by 5-20 Section 13(a), Uniform Act Regulating Traffic on Highways (Article 5-21 6701d, Vernon's Texas Civil Statutes). 5-22 SECTION 2. The importance of this legislation and the 5-23 crowded condition of the calendars in both houses create an 5-24 emergency and an imperative public necessity that the 5-25 constitutional rule requiring bills to be read on three several 5-26 days in each house be suspended, and this rule is hereby suspended, 5-27 and that this Act take effect and be in force from and after its 6-1 passage, and it is so enacted.