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.