By: Sibley S.B. No. 398
99S0092/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of certain law enforcement agencies to
1-2 establish a checkpoint on a highway or street to determine whether
1-3 persons are driving while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1-6 by adding Chapter 63 to read as follows:
1-7 CHAPTER 63. SOBRIETY CHECKPOINTS
1-8 Art. 63.01. DEFINITIONS. In this chapter:
1-9 (1) "Law enforcement agency" means:
1-10 (A) the Department of Public Safety of the State
1-11 of Texas;
1-12 (B) the sheriff's department of a county; or
1-13 (C) the police department of a municipality.
1-14 (2) "Highway or street" has the meaning assigned by
1-15 Section 541.302, Transportation Code.
1-16 Art. 63.02. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. A law
1-17 enforcement agency may operate a temporary checkpoint as provided
1-18 by this chapter on a highway or street to determine whether persons
1-19 operating motor vehicles on the highway or street are intoxicated
1-20 and in violation of Section 49.04, Penal Code.
1-21 Art. 63.03. APPROVAL OF AND PROCEDURES FOR SOBRIETY
1-22 CHECKPOINTS. (a) A peace officer of at least the rank of
1-23 lieutenant or its equivalent in the law enforcement agency must
1-24 approve the operation of a checkpoint by peace officers of the
2-1 agency and the procedures to be used in the operation of the
2-2 checkpoint before the checkpoint begins operation.
2-3 (b) The law enforcement agency must record in writing the
2-4 procedures:
2-5 (1) used in selecting the site for the checkpoint; and
2-6 (2) to be used in the operation of the checkpoint.
2-7 (c) The procedures for the operation of a checkpoint must
2-8 ensure that the selection of motor vehicles to be stopped is
2-9 reasonably predictable and nonarbitrary.
2-10 (d) The law enforcement agency, in establishing the
2-11 location, time, and design of a checkpoint, shall consider the
2-12 safety of the public entering the checkpoint and the peace officers
2-13 operating the checkpoint. The law enforcement agency shall make
2-14 reasonable efforts to place signs or other devices to advise
2-15 operators of oncoming vehicles of the checkpoint and the purpose of
2-16 the checkpoint, to demarcate the checkpoint with flares, flags, or
2-17 traffic cones, and to otherwise illuminate the checkpoint as
2-18 necessary.
2-19 (e) The peace officer who makes the initial traffic
2-20 directive or other communication with the operator of a vehicle at
2-21 the checkpoint must be wearing a uniform of the law enforcement
2-22 agency that is distinguishable from civilian dress.
2-23 (f) The law enforcement agency shall establish procedures
2-24 governing the encounters between vehicle operators and the peace
2-25 officers to ensure that:
2-26 (1) an intrusion on the operator is minimized; and
3-1 (2) an inquiry is 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
4-1 agency shall make reasonable efforts to reduce these periods to not
4-2 more than one and five minutes, respectively.
4-3 (j) The law enforcement agency shall make reasonable efforts
4-4 to publicize the operation of a checkpoint but is not required to
4-5 disclose the precise date, time, location, or purpose of the
4-6 checkpoint.
4-7 (k) A law enforcement agency may not operate a checkpoint at
4-8 one location for more than four hours and may not operate a
4-9 checkpoint at the same location more than twice in a seven-day
4-10 period. For the purposes of this subsection, checkpoints located
4-11 within one-half mile of each other are considered to be at the same
4-12 location. This subsection does not apply in an emergency.
4-13 (l) A law enforcement agency shall keep a record of the
4-14 operation of a checkpoint that contains:
4-15 (1) the date, time, location, and duration of the
4-16 checkpoint;
4-17 (2) the number of motor vehicles stopped at the
4-18 checkpoint and the number and nature of arrests made and citations
4-19 issued at the checkpoint; and
4-20 (3) the identities of the peace officers operating the
4-21 checkpoint.
4-22 SECTION 2. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended,
5-1 and that this Act take effect and be in force from and after its
5-2 passage, and it is so enacted.