BILL ANALYSIS
Senate Research Center S.B. 1195
By: Hinojosa
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
The Fourth Amendment to the United States Constitution guarantees that Americans have the right to be free from unreasonable searches and seizures. However, that right has been eroded by a series of judicial decisions, particularly regarding citizens' rights at traffic stops. Consent searches at traffic stops occur when an officer has no probable cause to believe a crime has been committed, but asks for the driver's consent to search the vehicle.
S.B. 1195 prohibits peace officers from requesting permission to search vehicles stopped for traffic violations without having probable cause or obtaining written consent from the operator of the vehicle.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 1.06, Code of Criminal Procedure, to prohibit a peace officer who stops a motor vehicle for any alleged violation of a law or ordinance regulating traffic from requesting the operator of the motor vehicle for consent to search the vehicle, unless certain requirements are met.
SECTION 2. Amends Subchapter A, Chapter 411, Government Code, by adding Section 411.0207, as follows:
Sec. 411.0207. RULES FOR CERTAIN EVIDENCE OF CONSENT TO VEHICLE SEARCH. Requires the director of the Department of Public Safety (director), by rule, to establish requirements for certain forms and recordings. Sets forth minimum requirements for said rules.
SECTION 3. Requires the director to adopt rules required by Section 411.0207, Government Code, as added by this Act, not later than December 1, 2005.
SECTION 4. (a) Effective date: September 1, 2005, except as provided by Subsection (b).
(b) Provides that Article 1.06, Code of Criminal Procedure, as amended by this Act, takes effect January 1, 2006.