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.