By: Zaffirini S.B. No. 44
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain law enforcement agencies to
establish a checkpoint on a highway or street to determine whether
persons are driving while intoxicated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 65 to read as follows:
CHAPTER 65. SOBRIETY CHECKPOINTS
Art. 65.01. DEFINITIONS. In this chapter:
(1) "Highway or street" has the meaning assigned by
Section 541.302, Transportation Code.
(2) "Law enforcement agency" means:
(A) the Department of Public Safety;
(B) the sheriff's department of a county; or
(C) the police department of a municipality.
Art. 65.02. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. A law
enforcement agency may operate a temporary checkpoint as provided
by this chapter on a highway or street to determine whether persons
operating motor vehicles on the highway or street are intoxicated
and in violation of Section 49.04, Penal Code.
Art. 65.03. APPROVAL OF AND PROCEDURES FOR SOBRIETY
CHECKPOINTS. (a) A peace officer of at least the rank of
lieutenant or its equivalent in the law enforcement agency must
approve the operation of a checkpoint by peace officers of the
agency and the procedures to be used in the operation of the
checkpoint before the checkpoint begins operation.
(b) The law enforcement agency must record in writing the
procedures:
(1) used in selecting the site for the checkpoint; and
(2) to be used in the operation of the checkpoint.
(c) The procedures for the operation of a checkpoint must
ensure that the selection of motor vehicles to be stopped is
reasonably predictable and nonarbitrary.
(d) The law enforcement agency, in establishing the
location, time, and design of a checkpoint, shall consider the
safety of the public entering the checkpoint and the peace officers
operating the checkpoint. The law enforcement agency shall make
reasonable efforts to place signs or other devices to advise
operators of oncoming motor vehicles of the checkpoint and the
purpose of the checkpoint, to demarcate the checkpoint with flares,
flags, or traffic cones, and to otherwise illuminate the checkpoint
as necessary.
(e) The peace officer who makes the initial traffic
directive or other communication with the operator of a motor
vehicle at the checkpoint must be wearing a uniform of the law
enforcement agency that is distinguishable from civilian dress.
(f) The law enforcement agency shall establish procedures
governing the encounters between motor vehicle operators and the
peace officers to ensure that:
(1) intrusion on the operator is minimized; and
(2) an inquiry is reasonably related to determining
whether the operator is intoxicated and in violation of Section
49.04, Penal Code.
(g) A peace officer may request a person operating a motor
vehicle at the checkpoint to display the person's driver's license
and to furnish evidence of financial responsibility as required by
law. A peace officer may not direct the operator of or a passenger
in a motor vehicle to leave the vehicle or move the vehicle off the
highway or street or routine checkpoint diversion route unless the
officer has reasonable suspicion or probable cause to believe that
the person has committed or is committing an offense. The design of
a checkpoint may require that each motor vehicle passing through
the checkpoint be diverted to a location adjacent to the highway or
street to ensure safety.
(h) A peace officer at the checkpoint may not require a
motor vehicle operator to perform a sobriety test unless the
officer has reasonable suspicion or probable cause to believe that
the operator is in violation of Section 49.04, Penal Code. A peace
officer who requires or requests an operator to provide a specimen
of breath, blood, or urine must comply with Chapter 724,
Transportation Code.
(i) Unless a peace officer has reasonable suspicion or
probable cause to detain a motor vehicle operator or passenger for a
criminal offense, the time during which an officer makes an inquiry
of an operator or passenger should not exceed three minutes, and the
total time during which the operator must wait to pass through the
checkpoint should not exceed 10 minutes. The law enforcement
agency shall make reasonable efforts to reduce these periods to not
more than one and five minutes, respectively.
(j) The law enforcement agency shall publicize the
operation of a checkpoint but is not required to disclose the
precise date, time, location, or purpose of the checkpoint.
(k) A law enforcement agency may not operate a checkpoint at
one location for more than four hours and may not operate a
checkpoint at the same location more than twice in a seven-day
period. For the purposes of this subsection, checkpoints located
within one-half mile of each other are considered to be at the same
location. This subsection does not apply in an emergency.
(l) A law enforcement agency shall keep a record of the
operation of a checkpoint that contains:
(1) the date, time, location, and duration of the
checkpoint;
(2) the number of motor vehicles stopped at the
checkpoint and the number and nature of arrests made and citations
issued at the checkpoint; and
(3) the identities of the peace officers operating the
checkpoint.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.