TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
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 1st House, Substituted |
The bill would amend the Code of Criminal Procedure as it relates to the authority of peace officers to conduct certain searches.
The bill would amend the Code of Criminal Procedure to prohibit, unless the peace officer has probable cause or another legal basis, or written consent of the operator of the vehicle, requesting consent to search a motor vehicle during a stop for an alleged violation of law or ordinance regulating traffic safety. This section of the bill would take effect January 1, 2006.
The bill also provides guidelines for forms indicating consent to vehicle search.
The bill would take effect September 1, 2005.
Source Agencies: | 405 Department of Public Safety
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LBB Staff: | JOB, VDS, SJ, KJG
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