By Sibley S.B. No. 499 75R1525 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 highway or street 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 1, Code of Criminal Procedure, is amended 1-7 by adding Chapter 62 to read as follows: 1-8 CHAPTER 62. SOBRIETY CHECKPOINTS 1-9 Art. 62.01. DEFINITIONS. In this chapter: 1-10 (1) "Law enforcement agency" means: 1-11 (A) the Department of Public Safety of the State 1-12 of Texas; 1-13 (B) the sheriff's department of a county; or 1-14 (C) the police department of a municipality. 1-15 (2) "Highway or street" has the meaning assigned by 1-16 Section 541.302, Transportation Code. 1-17 Art. 62.02. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. A law 1-18 enforcement agency may operate a temporary checkpoint as provided 1-19 by this chapter on a highway or street to determine whether persons 1-20 operating motor vehicles on the highway or street are intoxicated 1-21 and in violation of Section 49.04, Penal Code. 1-22 Art. 62.03. APPROVAL OF AND PROCEDURES FOR SOBRIETY 1-23 CHECKPOINTS. (a) A peace officer of at least the rank of 1-24 lieutenant or its equivalent in the law enforcement agency must 2-1 approve the operation of a checkpoint by peace officers of the 2-2 agency and the procedures to be used in the operation of the 2-3 checkpoint before the checkpoint begins operation. 2-4 (b) The law enforcement agency must record in writing the 2-5 procedures: 2-6 (1) used in selecting the site for the checkpoint; and 2-7 (2) to be used in the operation of the checkpoint. 2-8 (c) The procedures for the operation of a checkpoint must 2-9 ensure that the selection of motor vehicles to be stopped is 2-10 reasonably predictable and nonarbitrary. 2-11 (d) The law enforcement agency, in establishing the 2-12 location, time, and design of a checkpoint, shall consider the 2-13 safety of the public entering the checkpoint and the peace officers 2-14 operating the checkpoint. The law enforcement agency shall make 2-15 reasonable efforts to place signs or other devices to advise 2-16 operators of oncoming vehicles of the checkpoint and the purpose of 2-17 the checkpoint, to demarcate the checkpoint with flares, flags, or 2-18 traffic cones, and to otherwise illuminate the checkpoint as 2-19 necessary. 2-20 (e) The peace officer who makes the initial traffic 2-21 directive or other communication with the operator of a vehicle at 2-22 the checkpoint must be wearing a uniform of the law enforcement 2-23 agency that is distinguishable from civilian dress. 2-24 (f) The law enforcement agency shall establish procedures 2-25 governing the encounters between vehicle operators and the peace 2-26 officers to ensure that: 2-27 (1) an intrusion on the operator is minimized; and 3-1 (2) an inquiry be reasonably related to determining 3-2 whether the operator is intoxicated and in violation of Section 3-3 49.04, Penal Code. 3-4 (g) A peace officer may request a person operating a vehicle 3-5 at the checkpoint to display the person's driver's license and to 3-6 furnish evidence of financial responsibility as required by law. A 3-7 peace officer may not direct the operator of or a passenger in a 3-8 motor vehicle to leave the vehicle or move the vehicle off the 3-9 highway or street or routine checkpoint diversion route unless the 3-10 officer has reasonable suspicion or probable cause to believe that 3-11 the person has committed or is committing an offense. The design 3-12 of a checkpoint may require that each motor vehicle passing through 3-13 the checkpoint be diverted to a location adjacent to the highway or 3-14 street to ensure safety. 3-15 (h) A peace officer at the checkpoint may not require a 3-16 vehicle operator to perform a sobriety test unless the officer has 3-17 reasonable suspicion or probable cause to believe that the operator 3-18 is in violation of Section 49.04, Penal Code. A peace officer who 3-19 requires or requests an operator to provide a specimen of breath, 3-20 blood, or urine must comply with Chapter 724, Transportation Code. 3-21 (i) Unless a peace officer has reasonable suspicion or 3-22 probable cause to detain a vehicle operator or passenger for a 3-23 criminal offense, the time during which an officer makes an inquiry 3-24 of an operator or passenger should not exceed two minutes, and the 3-25 total time during which the operator must wait to pass through the 3-26 checkpoint should not exceed 10 minutes. The law enforcement 3-27 agency shall make reasonable efforts to reduce these periods to not 4-1 more than one and five minutes, respectively. 4-2 (j) The law enforcement agency shall make reasonable efforts 4-3 to publicize the operation of a checkpoint but is not required to 4-4 disclose the precise date, time, location, or purpose of the 4-5 checkpoint. 4-6 (k) A law enforcement agency may not operate a checkpoint at 4-7 one location for more than four hours and may not operate a 4-8 checkpoint at the same location more than twice in a seven-day 4-9 period. For the purposes of this subsection, checkpoints located 4-10 within 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 (l) A law enforcement agency shall keep a record of the 4-13 operation of a 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. 62.04. VISUAL RECORDING OF SOBRIETY CHECKPOINTS. 4-22 (a) A law enforcement agency that operates a sobriety checkpoint 4-23 shall visually record the operation of the checkpoint. The visual 4-24 recording must display the day, date, and time that the recording 4-25 was made. 4-26 (b) The law enforcement agency shall retain each recording 4-27 of the operation of a checkpoint until at least the first 5-1 anniversary of the operation of that checkpoint. 5-2 (c) Not later than the third working day of each month, a 5-3 law enforcement agency shall report the operation of each 5-4 checkpoint during the preceding month to the traffic safety section 5-5 of the traffic operations division of the Texas Department of 5-6 Transportation at its offices in Austin. 5-7 (d) The traffic operations division is entitled to: 5-8 (1) view each visual recording of the operation of a 5-9 checkpoint made by a law enforcement agency under Subsection (a) of 5-10 this article; and 5-11 (2) inspect any information in the possession of the 5-12 law enforcement agency that relates to the operation of a sobriety 5-13 checkpoint by the agency. 5-14 (e) Not later than January 31, 1999, the traffic operations 5-15 division shall submit a report on the effectiveness of sobriety 5-16 checkpoints operated under this chapter to the governor, the 5-17 lieutenant governor, and the speaker of the house of 5-18 representatives. This subsection expires February 1, 1999. 5-19 SECTION 2. The importance of this legislation and the 5-20 crowded condition of the calendars in both houses create an 5-21 emergency and an imperative public necessity that the 5-22 constitutional rule requiring bills to be read on three several 5-23 days in each house be suspended, and this rule is hereby suspended, 5-24 and that this Act take effect and be in force from and after its 5-25 passage, and it is so enacted.