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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Department of Public Safety of the |
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State of Texas and certain local 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" and "limited-access or |
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controlled-access highway" have the meanings assigned by Section |
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541.302, Transportation Code. |
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(2) "Law enforcement agency" means: |
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(A) the Department of Public Safety; |
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(B) the sheriff's department of a county with a |
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population of 250,000 or more; or |
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(C) the police department of a municipality with |
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a population of 500,000 or more. |
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(3) "Sobriety checkpoint" means a checkpoint |
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authorized under Article 65.02. |
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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, other than a limited-access |
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or controlled-access highway, 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. LAW ENFORCEMENT AGENCY COORDINATION. Each law |
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enforcement agency shall coordinate efforts with other law |
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enforcement agencies as appropriate to implement this chapter. |
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Art. 65.04. APPROVAL OF AND PROCEDURES FOR SOBRIETY |
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CHECKPOINTS. (a) As applicable, a captain for the Texas Highway |
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Patrol, the sheriff elected to that position, or the mayor of the |
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municipality must approve the operation of a sobriety checkpoint by |
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peace officers of the Department of Public Safety, a sheriff's |
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department, or a municipal police department and the procedures to |
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be used in the operation of the checkpoint before the checkpoint |
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begins operation. |
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(b) The law enforcement agency must record in writing and |
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publish on an appropriate publicly accessible Internet website the |
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procedures: |
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(1) used in selecting each site for a sobriety |
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checkpoint; and |
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(2) to be used in the operation of each sobriety |
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checkpoint, including procedures regarding the selection of motor |
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vehicles to be stopped. |
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(c) The procedures for the operation of a sobriety |
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checkpoint must ensure that the selection of motor vehicles to be |
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stopped is reasonably predictable and nonarbitrary. |
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(d) The criteria for selecting the location for a sobriety |
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checkpoint must include the number of traffic accidents in the |
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vicinity of the location in which the use of alcohol was a factor |
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and that occurred in the preceding 12 months and the number of |
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arrests for intoxication-related offenses in that vicinity in the |
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preceding 12 months. The selection of the location of a sobriety |
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checkpoint must be made without regard to the ethnic or |
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socioeconomic characteristics of the area in which the checkpoint |
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is located. |
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(e) The law enforcement agency, in establishing the |
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location, time, and design of a sobriety checkpoint, shall consider |
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the safety of the public entering the checkpoint and the peace |
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officers operating the checkpoint. The law enforcement agency |
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shall make reasonable efforts to place signs or other devices to |
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advise operators of oncoming motor vehicles of the sobriety |
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checkpoint and the purpose of the checkpoint, to demarcate the |
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checkpoint with flares, flags, or traffic cones, and to otherwise |
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illuminate the checkpoint as necessary. |
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(f) 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 sobriety checkpoint must be wearing a uniform of the |
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law enforcement agency that is distinguishable from civilian dress. |
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(g) 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) a video recording is made of the encounter; |
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(2) intrusion on the operator is minimized; and |
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(3) 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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(h) Notwithstanding Section 521.025 or 601.053, |
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Transportation Code, a peace officer may not request a person |
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operating a motor vehicle at the sobriety checkpoint to display the |
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person's driver's license or to furnish evidence of financial |
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responsibility unless the officer has reasonable suspicion or |
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probable cause to believe that the person has committed or is |
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committing an offense. A peace officer may not direct the operator |
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of a motor vehicle to leave the vehicle or move the vehicle off the |
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highway or street or routine sobriety checkpoint diversion route |
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unless the officer has reasonable suspicion or probable cause to |
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believe that the person has committed or is committing an offense. |
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The design of a sobriety 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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(i) A peace officer at the sobriety checkpoint may not |
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require a motor vehicle operator to perform a sobriety test unless |
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the officer has reasonable suspicion or probable cause to believe |
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that the operator is in violation of Section 49.04 or 49.045, 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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(j) Unless a peace officer has reasonable suspicion or |
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probable cause to detain a motor vehicle operator for a criminal |
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offense, the time during which an officer makes an inquiry of an |
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operator should not exceed three minutes, and the total time during |
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which the operator must wait to pass through the checkpoint should |
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not exceed 10 minutes. The law enforcement agency shall make |
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reasonable efforts to reduce these periods to not more than one and |
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five minutes, respectively. |
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(k) The law enforcement agency shall publicize the date and |
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time for the operation of a sobriety checkpoint but is not required |
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to disclose the location of the checkpoint. |
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(l) A law enforcement agency may not operate a sobriety |
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checkpoint at one location for more than four hours and may not |
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operate a checkpoint at the same location more than once in a |
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12-month period. For the purposes of this subsection, sobriety |
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checkpoints located within one mile of each other are considered to |
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be at the same location. |
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(m) A law enforcement agency shall maintain until at least |
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the fifth anniversary of the date on which the agency concludes the |
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operation of a sobriety checkpoint a record of the operation of the |
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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 procedures used in selecting the site for the |
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checkpoint; |
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(3) the number and characteristics of motor vehicles |
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stopped at the checkpoint and the number and nature of arrests made |
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and citations issued at the checkpoint; and |
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(4) 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, 2009. |
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