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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 on a highway or street to determine whether |
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persons are driving 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. SOBRIETY CHECKPOINTS |
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Art. 65.01. DEFINITIONS. In this chapter: |
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(1) "Highway or street" has the meaning assigned by |
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Section 541.302, Transportation Code. |
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(2) "Law enforcement agency" means: |
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(A) the Department of Public Safety of the State |
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of Texas; |
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(B) the sheriff's department of a county; or |
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(C) the regular police department of a |
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municipality. |
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Art. 65.02. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. A law |
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enforcement agency may operate a temporary checkpoint as provided |
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by this chapter on a highway or street to determine whether persons |
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operating motor vehicles on the highway or street are intoxicated |
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and in violation of Section 49.04 or 49.045, Penal Code. |
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Art. 65.03. APPROVAL OF AND PROCEDURES FOR 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 checkpoint by peace officers of the |
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agency and the procedures to be used in the operation of the |
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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 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 checkpoint must |
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ensure that the selection of motor vehicles to be stopped is |
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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 checkpoint, shall consider the |
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safety of the public entering the checkpoint and the peace officers |
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operating the checkpoint. The law enforcement agency shall make |
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reasonable efforts to place signs or other devices to advise |
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operators of oncoming motor vehicles of the checkpoint and the |
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purpose of the checkpoint, to demarcate the checkpoint with flares, |
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flags, or traffic cones, and to otherwise illuminate the checkpoint |
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as necessary. |
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(e) The peace officer who makes the initial traffic |
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directive or other communication with the operator of a motor |
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vehicle at the checkpoint must be wearing a uniform of the law |
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enforcement agency 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 motor vehicle operators and the |
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peace 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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49.04 or 49.045, 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 motor vehicle to leave the vehicle or move the |
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vehicle from the highway or street or routine checkpoint diversion |
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route unless the officer has reasonable suspicion or probable cause |
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to believe that the person has committed or is committing an |
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offense. The design of a checkpoint may require that each motor |
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vehicle passing through the checkpoint be diverted to a location |
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adjacent to the highway or street to ensure safety. |
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(h) A peace officer at the checkpoint may not require a |
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motor vehicle operator to perform a field sobriety test unless the |
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officer has reasonable suspicion or probable cause to believe that |
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the operator is in violation of Section 49.04 or 49.045, Penal Code. |
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A peace officer who requires or requests an operator to provide a |
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specimen of breath, blood, or urine must comply with Chapter 724, |
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Transportation Code. |
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(i) Unless a peace officer has reasonable suspicion or |
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probable cause to detain a motor vehicle 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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checkpoint should not exceed 10 minutes. The law enforcement |
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agency shall make reasonable efforts to reduce these periods to not |
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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 checkpoint but is not required to disclose the |
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precise date, time, location, or purpose of the checkpoint. |
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(k) A law enforcement agency may not operate a checkpoint at |
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one location for more than four hours and may not operate a |
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checkpoint at the same location more than twice in a seven-day |
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period. For the purposes of this subsection, checkpoints located |
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within one-half mile of each other are considered to be at the same |
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location. 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 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 motor vehicles stopped at the |
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checkpoint and the number and nature of any arrests made or |
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citations issued at 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. |