TO: | Honorable Joe Driver, Chair, House Committee on Law Enforcement |
FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
IN RE: | SB1195 by Hinojosa (Relating to the authority of peace officers to conduct certain searches.), Committee Report 2nd House, Substituted |
The bill would amend the Code of Criminal Procedure and the Government Code as it relates to the authority of peace officers to conduct certain searches.
The bill would amend the Code of Criminal Procedure to prohibit a search of a motor vehicle stopped for an alleged violation of a law or ordinance regulating traffic, unless the peace officer has probable cause or another legal basis, written consent of the operator of the vehicle, or oral consent of the operator of the vehicle.
The bill would also amend the Government Code to require the Department of Public Safety to establish requirements for 1) a form used to obtain the written consent of the operator of a vehicle under Article 1.06, Code of Criminal Procedure and 2) an audio and video recording used as evidence of the oral consent of the operator of a vehicle under Article 1.06, Code of Criminal Procedure.
The bill would take effect September 1, 2005.
Source Agencies: |
LBB Staff: | JOB, KJG, VDS, SJ
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