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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of peace officers to conduct certain |
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searches. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 1.06, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 1.06. SEARCHES AND SEIZURES. (a) The people shall be |
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secure in their persons, houses, papers, and possessions from all |
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unreasonable seizures or searches. No warrant to search any place |
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or to seize any person or thing shall issue without describing them |
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as near as may be, nor without probable cause supported by oath or |
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affirmation. |
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(b) A peace officer who stops a motor vehicle for any |
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alleged violation of a law or ordinance regulating traffic may not |
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search the vehicle unless the peace officer: |
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(1) has probable cause or another legal basis for |
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conducting the search, including conducting a search based on a |
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reasonable and articulable fear for the safety of the peace officer |
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or another person; |
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(2) obtains the written consent of the operator of the |
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vehicle on a form that complies with Section 411.0208(b), |
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Government Code; or |
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(3) obtains the oral consent of the operator of the |
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vehicle and ensures that the oral consent is evidenced by an audio |
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and video recording that complies with Section 411.0208(c), |
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Government Code. |
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SECTION 2. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0208 to read as follows: |
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Sec. 411.0208. RULES FOR CERTAIN EVIDENCE OF CONSENT TO |
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VEHICLE SEARCH. (a) The director by rule shall establish |
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requirements for: |
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(1) a form used to obtain the written consent of the |
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operator of a motor vehicle under Article 1.06, Code of Criminal |
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Procedure; and |
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(2) an audio and video recording used as evidence of |
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the oral consent of the operator of a motor vehicle under Article |
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1.06, Code of Criminal Procedure. |
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(b) At a minimum, the rules adopted under Subsection (a)(1) |
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must require the form to contain: |
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(1) a statement that the operator of the motor vehicle |
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fully understands that the operator may refuse to give the peace |
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officer consent to search the motor vehicle; |
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(2) a statement that the operator of the motor vehicle |
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is freely and voluntarily giving the peace officer consent to |
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search the motor vehicle; |
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(3) the time and date of the stop giving rise to the |
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search; |
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(4) a description of the motor vehicle to be searched; |
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and |
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(5) the name of each peace officer conducting the stop |
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or search. |
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(c) At a minimum, the rules adopted under Subsection (a)(2) |
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must require the audio and video recording to reflect an |
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affirmative statement made by the operator that: |
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(1) the operator of the motor vehicle fully |
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understands that the operator may refuse to give the peace officer |
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consent to search the motor vehicle; and |
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(2) the operator of the motor vehicle is freely and |
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voluntarily giving the peace officer consent to search the motor |
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vehicle. |
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SECTION 3. The director of the Department of Public Safety |
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shall adopt the rules required by Section 411.0208, Government |
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Code, as added by this Act, not later than December 1, 2011. |
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SECTION 4. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2011. |
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(b) Article 1.06, Code of Criminal Procedure, as amended by |
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this Act, takes effect January 1, 2012. |