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.