By Sibley S.B. No. 357
74R1093 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of certain law enforcement agencies to
1-3 establish a checkpoint on a street or highway to determine whether
1-4 persons are driving while intoxicated.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 116, Revised Statutes, is amended by adding
1-7 Article 6701l-8 to read as follows:
1-8 Art. 6701l-8. SOBRIETY CHECKPOINTS
1-9 Sec. 1. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. A law
1-10 enforcement agency may operate a temporary checkpoint as provided
1-11 by this article on a street or highway to determine whether persons
1-12 operating motor vehicles on the street or highway are intoxicated
1-13 and in violation of Section 49.04, Penal Code.
1-14 Sec. 2. APPROVAL OF AND PROCEDURES FOR SOBRIETY CHECKPOINTS.
1-15 (a) A peace officer of at least the rank of lieutenant or its
1-16 equivalent in the law enforcement agency must approve the operation
1-17 of a checkpoint by peace officers of the agency and the procedures
1-18 to be used in the operation of the checkpoint before the checkpoint
1-19 begins operation.
1-20 (b) The law enforcement agency must record in writing the
1-21 procedures:
1-22 (1) used in selecting the site for the checkpoint; and
1-23 (2) to be used in the operation of the checkpoint.
1-24 (c) The procedures for the operation of a checkpoint must
2-1 ensure that the selection of motor vehicles to be stopped is
2-2 reasonably predictable and nonarbitrary. For example, every
2-3 vehicle or every other vehicle entering the checkpoint, from one or
2-4 both directions, may be stopped.
2-5 (d) The law enforcement agency, in establishing the
2-6 location, time, and design of a checkpoint, shall consider the
2-7 safety of the public entering the checkpoint and the peace officers
2-8 operating the checkpoint. The law enforcement agency shall make
2-9 reasonable efforts to place signs or other devices to advise
2-10 oncoming drivers of the checkpoint and the purpose of the
2-11 checkpoint, to demarcate the checkpoint with flares, flags, or
2-12 traffic cones, and otherwise to illuminate the checkpoint as
2-13 necessary.
2-14 (e) The peace officer who makes the initial traffic
2-15 directive or other communication with the driver of a vehicle at
2-16 the checkpoint must be wearing a uniform distinguishable from
2-17 civilian dress.
2-18 (f) The law enforcement agency shall establish procedures
2-19 governing the encounters between drivers and the peace officers to
2-20 ensure that:
2-21 (1) an intrusion on a driver is minimized; and
2-22 (2) an inquiry be reasonably related to determining
2-23 whether the driver is intoxicated and in violation of Section
2-24 49.04, Penal Code.
2-25 (g) A peace officer may request a person driving a vehicle
2-26 at a checkpoint to display the person's driver's license and to
2-27 furnish evidence of financial responsibility as required by law. A
3-1 peace officer may not direct a driver or a passenger in a motor
3-2 vehicle to leave the vehicle or move the vehicle off the street,
3-3 highway, or routine checkpoint diversion route unless the officer
3-4 has reasonable suspicion or probable cause to believe that the
3-5 person has committed or is committing an offense. The design of a
3-6 checkpoint may require that each motor vehicle passing through the
3-7 checkpoint be diverted to a location adjacent to the street or
3-8 highway to ensure safety.
3-9 (h) A peace officer may not require a driver to perform a
3-10 sobriety test unless the officer has reasonable suspicion or
3-11 probable cause to believe that the driver is violating Section
3-12 49.04, Penal Code. A peace officer who requires or requests a
3-13 driver to provide a specimen of breath, blood, or urine must comply
3-14 with Chapter 434, Acts of the 61st Legislature, Regular Session,
3-15 1969 (Article 6701l-5, Vernon's Texas Civil Statutes).
3-16 (i) Unless a peace officer has reasonable suspicion or
3-17 probable cause to detain a driver or a passenger for a criminal
3-18 offense, the time during which an officer makes an inquiry of a
3-19 driver or passenger should not exceed two minutes, and the total
3-20 time during which the driver must wait to pass through the
3-21 checkpoint should not exceed 10 minutes. The law enforcement
3-22 agency shall make reasonable efforts to reduce these periods to not
3-23 more than one and five minutes, respectively.
3-24 (j) The law enforcement agency shall make reasonable efforts
3-25 to publicize the operation of a checkpoint but is not required to
3-26 disclose the precise date, time, location, or purpose of the
3-27 checkpoint.
4-1 (k) A law enforcement agency may not operate a checkpoint at
4-2 one location for more than four hours and may not operate a
4-3 checkpoint at the same location more than twice in a seven-day
4-4 period. For the purposes of this subsection, checkpoints located
4-5 within one-half mile of each other are considered to be at the same
4-6 location. This subsection does not apply in an emergency.
4-7 (l) A law enforcement agency shall keep a record of the
4-8 operation of a checkpoint that contains:
4-9 (1) the date, time, location, and duration of the
4-10 checkpoint;
4-11 (2) the number of motor vehicles stopped at the
4-12 checkpoint and the number and nature of arrests made and citations
4-13 issued at the checkpoint; and
4-14 (3) the identities of the peace officers operating the
4-15 checkpoint.
4-16 Sec. 3. DEFINITIONS. In this article:
4-17 (1) "Law enforcement agency" means:
4-18 (A) the Department of Public Safety of the State
4-19 of Texas;
4-20 (B) the sheriff's department of a county;
4-21 (C) the police department of a municipality; or
4-22 (D) the constable's office of a justice
4-23 precinct.
4-24 (2) "Street or highway" has the meaning assigned by
4-25 Section 13(a), Uniform Act Regulating Traffic on Highways (Article
4-26 6701d, Vernon's Texas Civil Statutes).
4-27 SECTION 2. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended,
5-5 and that this Act take effect and be in force from and after its
5-6 passage, and it is so enacted.