Texas House Bill HB804

Texas 2019 - 86th Regular

Caption

Relating to the authority of peace officers to conduct certain searches.

Impact

This bill's provisions are likely to enhance the rights of individuals stopped by law enforcement, ensuring they are informed of their right to refuse a search. Additionally, it requires peace officers to record interactions via body-worn cameras, which may contribute to greater accountability for law enforcement actions. The inclusion of these required forms and recordings serves to protect the integrity of the search process while acknowledging the rights of individuals, potentially reducing disputes over consent to search.

Summary

House Bill 804 is designed to clarify the authority of peace officers in Texas regarding the search of motor vehicles. The legislation amends Article 1.06 of the Code of Criminal Procedure, enhancing the stipulations under which a peace officer may conduct a vehicle search. Specifically, it dictates that a peace officer needs either probable cause, written consent from the vehicle operator, or evidence of consent through audio and video recordings to search a vehicle. The introduction of rules for obtaining written consent reflects a legislative effort to solidify the protections against unreasonable searches.

Contention

Notably, the implementation of HB 804 may be contentious among law enforcement and civil rights advocates. Proponents argue that the bill will help prevent unjust searches and protect citizens' constitutional rights. However, critics may express concerns about the operational impact this might have on law enforcement activities, fearing that additional requirements for consent could hinder timely law enforcement responses and complicate lawful searches during traffic stops. The balance between protecting individual rights and allowing law enforcement to effectively perform their duties may serve as a focal point of contention as the bill progresses.