By Carter H.B. No. 603
75R2328 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 highway or street to determine whether
1-4 persons are driving while intoxicated or whether persons unlawfully
1-5 possess controlled substances.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1-8 by adding Chapter 62 to read as follows:
1-9 CHAPTER 62. SOBRIETY AND CONTROLLED SUBSTANCE CHECKPOINTS
1-10 Art. 62.01. AUTHORIZATION FOR CHECKPOINTS. The Department
1-11 of Public Safety may establish a temporary checkpoint on a highway
1-12 or street to determine whether persons operating motor vehicles on
1-13 the highway or street are intoxicated and in violation of Section
1-14 49.04, Penal Code, or to determine whether persons possess a
1-15 controlled substance in violation of Chapter 481, Health and Safety
1-16 Code. The department may not establish a checkpoint under this
1-17 chapter for more than one purpose.
1-18 Art. 62.02. APPROVAL OF AND PROCEDURES FOR CHECKPOINTS. (a)
1-19 A peace officer of at least the rank of lieutenant in the
1-20 department must approve the operation of a checkpoint by peace
1-21 officers of the department and the procedures to be used in the
1-22 operation of the checkpoint before the checkpoint begins operation.
1-23 (b) The approving officer must record in writing the
1-24 procedures used in selecting the site for the checkpoint and the
2-1 procedures to be used in the operation of the checkpoint.
2-2 (c) The procedures for the operation of a checkpoint must
2-3 ensure that the selection of motor vehicles to be stopped is
2-4 reasonably predictable and nonarbitrary. For example, every
2-5 vehicle or every other vehicle entering the checkpoint, from one or
2-6 both directions, may be stopped.
2-7 (d) The approving officer in establishing the location,
2-8 time, and design of a checkpoint shall consider the safety of the
2-9 public entering the checkpoint and the peace officers operating the
2-10 checkpoint. The peace officers operating the checkpoint shall make
2-11 reasonable efforts to place signs or other devices to advise
2-12 operators of oncoming vehicles of the checkpoint, to demarcate the
2-13 checkpoint with flares, flags, or traffic cones, and to otherwise
2-14 illuminate the checkpoint if necessary.
2-15 (e) The peace officer who makes the initial traffic
2-16 directive or other communication with the operator of a vehicle at
2-17 the checkpoint must be wearing a uniform of the department that is
2-18 distinguishable from civilian dress.
2-19 (f) The approving officer shall establish procedures
2-20 governing the encounters between vehicle operators and the peace
2-21 officers to ensure that an intrusion on the operator of a vehicle
2-22 is minimized and that an inquiry be reasonably related to
2-23 determining whether the operator is intoxicated and in violation of
2-24 Section 49.04, Penal Code, or whether a person in the vehicle
2-25 possesses a controlled substance in violation of Chapter 481,
2-26 Health and Safety Code.
2-27 (g) A peace officer may request a person operating a vehicle
3-1 at the checkpoint to display the person's driver's license and to
3-2 furnish evidence of financial responsibility as required by law. A
3-3 peace officer may not direct the operator of or a passenger in a
3-4 motor vehicle to leave the vehicle or move the vehicle off the
3-5 highway or street or routine checkpoint diversion route unless the
3-6 officer has reasonable suspicion or probable cause to believe that
3-7 the person has committed or is committing an offense. The design
3-8 of a checkpoint may require that each motor vehicle passing through
3-9 the checkpoint be diverted to a location adjacent to the highway or
3-10 street to ensure safety.
3-11 (h) A peace officer at a checkpoint may not require a
3-12 vehicle operator to perform a sobriety test unless the officer has
3-13 reasonable suspicion or probable cause to believe that the operator
3-14 is violating Section 49.04, Penal Code. A peace officer who
3-15 requires or requests an operator to provide a specimen of breath,
3-16 blood, or urine must comply with Chapter 724, Transportation Code.
3-17 (i) A peace officer operating a checkpoint may not search a
3-18 motor vehicle unless the officer has probable cause to believe that
3-19 a person in the vehicle possesses a controlled substance in
3-20 violation of Chapter 481, Health and Safety Code.
3-21 (j) Unless a peace officer has reasonable suspicion or
3-22 probable cause to detain an operator or a passenger for a criminal
3-23 offense, the time during which an officer makes an inquiry of an
3-24 operator or passenger should not exceed two minutes, and the total
3-25 time during which the driver must wait to pass through the
3-26 checkpoint should not exceed 10 minutes. The department shall make
3-27 reasonable efforts to reduce these time periods to not more than
4-1 one and five minutes, respectively.
4-2 (k) The department shall make reasonable efforts to
4-3 publicize the operation of a checkpoint but is not required to
4-4 disclose the precise date, time, purpose, or location of the
4-5 checkpoint.
4-6 (l) The department may not operate a checkpoint at one
4-7 location for more than four hours and may not operate a checkpoint
4-8 at the same location more than twice in a seven-day period. For
4-9 the purposes of this subsection, checkpoints located within
4-10 one-half mile of each other are considered to be at the same
4-11 location. This subsection does not apply in an emergency.
4-12 (m) The department shall keep a record of the operation of a
4-13 checkpoint that contains:
4-14 (1) the date, time, location, and duration of the
4-15 checkpoint;
4-16 (2) the number of motor vehicles stopped at the
4-17 checkpoint and the number and nature of arrests made and citations
4-18 issued at the checkpoint; and
4-19 (3) the identities of the peace officers operating the
4-20 checkpoint.
4-21 Art. 62.03. DEFINITION. In this chapter, "highway or
4-22 street" has the meaning assigned by Section 541.302, Transportation
4-23 Code.
4-24 SECTION 2. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended,
5-2 and that this Act take effect and be in force from and after its
5-3 passage, and it is so enacted.