1-1 By: Sibley, et al. S.B. No. 357
1-2 (In the Senate - Filed January 30, 1995; January 31, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 28, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 1; April 28, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 357 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the authority of certain law enforcement agencies to
1-11 establish a checkpoint on a street or highway to determine whether
1-12 persons are driving while intoxicated.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Title 116, Revised Statutes, is amended by adding
1-15 Article 6701l-8 to read as follows:
1-16 Art. 6701l-8. SOBRIETY CHECKPOINTS
1-17 Sec. 1. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. A law
1-18 enforcement agency may operate a temporary checkpoint as provided
1-19 by this article on a street or highway to determine whether persons
1-20 operating motor vehicles on the street or highway are intoxicated
1-21 and in violation of Section 49.04, Penal Code.
1-22 Sec. 2. APPROVAL OF AND PROCEDURES FOR SOBRIETY CHECKPOINTS.
1-23 (a) A peace officer of at least the rank of lieutenant or its
1-24 equivalent in the law enforcement agency must approve the operation
1-25 of a checkpoint by peace officers of the agency and the procedures
1-26 to be used in the operation of the checkpoint before the checkpoint
1-27 begins operation.
1-28 (b) The law enforcement agency must record in writing the
1-29 procedures:
1-30 (1) used in selecting the site for the checkpoint; and
1-31 (2) to be used in the operation of the checkpoint.
1-32 (c) The procedures for the operation of a checkpoint must
1-33 ensure that the selection of motor vehicles to be stopped is
1-34 reasonably predictable and nonarbitrary. For example, every
1-35 vehicle or every other vehicle entering the checkpoint, from one or
1-36 both directions, may be stopped.
1-37 (d) The law enforcement agency, in establishing the
1-38 location, time, and design of a checkpoint, shall consider the
1-39 safety of the public entering the checkpoint and the peace officers
1-40 operating the checkpoint. The law enforcement agency shall make
1-41 reasonable efforts to place signs or other devices to advise
1-42 oncoming drivers of the checkpoint and the purpose of the
1-43 checkpoint, to demarcate the checkpoint with flares, flags, or
1-44 traffic cones, and otherwise to illuminate the checkpoint as
1-45 necessary.
1-46 (e) The peace officer who makes the initial traffic
1-47 directive or other communication with the driver of a vehicle at
1-48 the checkpoint must be wearing a uniform distinguishable from
1-49 civilian dress.
1-50 (f) The law enforcement agency shall establish procedures
1-51 governing the encounters between drivers and the peace officers to
1-52 ensure that:
1-53 (1) an intrusion on a driver is minimized; and
1-54 (2) an inquiry be reasonably related to determining
1-55 whether the driver is intoxicated and in violation of Section
1-56 49.04, Penal Code.
1-57 (g) A peace officer may request a person driving a vehicle
1-58 at a checkpoint to display the person's driver's license and to
1-59 furnish evidence of financial responsibility as required by law. A
1-60 peace officer may not direct a driver or a passenger in a motor
1-61 vehicle to leave the vehicle or move the vehicle off the street,
1-62 highway, or routine checkpoint diversion route unless the officer
1-63 has reasonable suspicion or probable cause to believe that the
1-64 person has committed or is committing an offense. The design of a
1-65 checkpoint may require that each motor vehicle passing through the
1-66 checkpoint be diverted to a location adjacent to the street or
1-67 highway to ensure safety.
1-68 (h) A peace officer may not require a driver to perform a
2-1 sobriety test unless the officer has reasonable suspicion or
2-2 probable cause to believe that the driver is violating Section
2-3 49.04, Penal Code. A peace officer who requires or requests a
2-4 driver to provide a specimen of breath, blood, or urine must comply
2-5 with Chapter 434, Acts of the 61st Legislature, Regular Session,
2-6 1969 (Article 6701l-5, Vernon's Texas Civil Statutes).
2-7 (i) Unless a peace officer has reasonable suspicion or
2-8 probable cause to detain a driver or a passenger for a criminal
2-9 offense, the time during which an officer makes an inquiry of a
2-10 driver or passenger should not exceed two minutes, and the total
2-11 time during which the driver must wait to pass through the
2-12 checkpoint should not exceed 10 minutes. The law enforcement
2-13 agency shall make reasonable efforts to reduce these periods to not
2-14 more than one and five minutes, respectively.
2-15 (j) The law enforcement agency shall make reasonable efforts
2-16 to publicize the operation of a checkpoint but is not required to
2-17 disclose the precise date, time, location, or purpose of the
2-18 checkpoint.
2-19 (k) A law enforcement agency may not operate a checkpoint at
2-20 one location for more than four hours and may not operate a
2-21 checkpoint at the same location more than twice in a seven-day
2-22 period. For the purposes of this subsection, checkpoints located
2-23 within one-half mile of each other are considered to be at the same
2-24 location. This subsection does not apply in an emergency.
2-25 (l) A law enforcement agency shall keep a record of the
2-26 operation of a checkpoint that contains:
2-27 (1) the date, time, location, and duration of the
2-28 checkpoint;
2-29 (2) the number of motor vehicles stopped at the
2-30 checkpoint and the number and nature of arrests made and citations
2-31 issued at the checkpoint; and
2-32 (3) the identities of the peace officers operating the
2-33 checkpoint.
2-34 Sec. 3. DEFINITIONS. In this article:
2-35 (1) "Law enforcement agency" means:
2-36 (A) the Department of Public Safety of the State
2-37 of Texas;
2-38 (B) the sheriff's department of a county; or
2-39 (C) the police department of a municipality.
2-40 (2) "Street or highway" has the meaning assigned by
2-41 Section 13(a), Uniform Act Regulating Traffic on Highways (Article
2-42 6701d, Vernon's Texas Civil Statutes).
2-43 SECTION 2. The importance of this legislation and the
2-44 crowded condition of the calendars in both houses create an
2-45 emergency and an imperative public necessity that the
2-46 constitutional rule requiring bills to be read on three several
2-47 days in each house be suspended, and this rule is hereby suspended,
2-48 and that this Act take effect and be in force from and after its
2-49 passage, and it is so enacted.
2-50 * * * * *