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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain law enforcement agencies to |
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establish a checkpoint to determine whether persons are boating |
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while intoxicated. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 65 to read as follows: |
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CHAPTER 65. BOATING SOBRIETY CHECKPOINTS |
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Art. 65.01. DEFINITION. In this chapter, "law enforcement |
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agency" means any entity of the state or a political subdivision of |
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the state that employs a peace officer who patrols the public waters |
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of this state. |
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Art. 65.02. AUTHORIZATION FOR BOATING SOBRIETY |
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CHECKPOINTS. A law enforcement agency may operate a temporary |
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checkpoint as provided by this chapter to determine whether persons |
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operating watercraft are intoxicated and in violation of Section |
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49.06, Penal Code. |
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Art. 65.03. APPROVAL OF AND PROCEDURES FOR BOATING SOBRIETY |
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CHECKPOINTS. (a) A peace officer of at least the rank of |
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lieutenant or its equivalent in the law enforcement agency must |
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approve the operation of a boating sobriety checkpoint by peace |
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officers of the agency and the procedures to be used in the |
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operation of the checkpoint before the checkpoint begins operation. |
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(b) The law enforcement agency must record in writing the |
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procedures: |
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(1) used in selecting the site for the boating |
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sobriety checkpoint; and |
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(2) to be used in the operation of the checkpoint. |
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(c) The procedures for the operation of a boating sobriety |
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checkpoint must ensure that the selection of watercraft to be |
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stopped is reasonably predictable and nonarbitrary. |
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(d) The law enforcement agency, in establishing the |
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location, time, and design of a boating sobriety checkpoint, shall |
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consider the safety of the public subject to the checkpoint and the |
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peace officers operating the checkpoint. The law enforcement |
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agency shall make reasonable efforts to advise operators of |
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oncoming watercraft of the checkpoint and the purpose of the |
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checkpoint, to demarcate the checkpoint, and to illuminate the |
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checkpoint as necessary. |
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(e) The peace officer who makes the initial communication |
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with the operator of a watercraft at the boating sobriety |
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checkpoint must be wearing a uniform of the law enforcement agency |
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that is distinguishable from civilian dress. |
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(f) The law enforcement agency shall establish procedures |
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governing the encounters between watercraft operators and the peace |
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officers to ensure that: |
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(1) intrusion on the operator is minimized; and |
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(2) an inquiry is reasonably related to determining |
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whether the operator is intoxicated and in violation of Section |
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49.06, Penal Code. |
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(g) A peace officer may not direct the operator of or a |
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passenger in a watercraft to leave the watercraft unless the |
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officer has reasonable suspicion or probable cause to believe that |
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the person has committed or is committing an offense. The design of |
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a boating sobriety checkpoint may require that each watercraft |
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subject to the checkpoint be diverted to a specific location to |
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ensure safety. |
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(h) A peace officer at the boating sobriety checkpoint may |
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not require a watercraft operator to perform a field sobriety test |
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unless the officer has reasonable suspicion or probable cause to |
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believe that the operator is in violation of Section 49.06, Penal |
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Code. A peace officer who requires or requests an operator to |
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provide a specimen of breath, blood, or urine must comply with |
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Chapter 724, Transportation Code. |
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(i) Unless a peace officer has reasonable suspicion or |
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probable cause to detain a watercraft operator or passenger for a |
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criminal offense, the time during which an officer makes an inquiry |
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of an operator or passenger should not exceed three minutes, and the |
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total time during which the operator must wait to pass through the |
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boating sobriety checkpoint should not exceed 10 minutes. The law |
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enforcement agency shall make reasonable efforts to reduce these |
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periods to not more than one and five minutes, respectively. |
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(j) The law enforcement agency shall publicize the |
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operation of a boating sobriety checkpoint but is not required to |
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disclose the precise date, time, location, or purpose of the |
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checkpoint. |
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(k) A law enforcement agency may not operate a boating |
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sobriety checkpoint at one location for more than four hours and may |
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not operate a checkpoint at the same location more than twice in a |
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seven-day period. This subsection does not apply in an emergency. |
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(l) A law enforcement agency shall keep a record of each |
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operation of a boating sobriety checkpoint that contains: |
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(1) the date, time, location, and duration of the |
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checkpoint; |
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(2) the number of watercraft stopped at the checkpoint |
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and the number and nature of any arrests made or citations issued at |
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the checkpoint; and |
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(3) the identities of the peace officers operating the |
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checkpoint. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |