Texas 2009 - 81st Regular

Texas House Bill HB169 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2501 PEP-D
2	2	By: Smith of Tarrant H.B. No. 169
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the Texas Department of Public Safety
8	8	and certain local law enforcement agencies to establish a
9	9	checkpoint on a highway or street to determine whether persons are
10	10	driving while intoxicated.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 1, Code of Criminal Procedure, is amended
13	13	by adding Chapter 65 to read as follows:
14	14	CHAPTER 65. SOBRIETY CHECKPOINTS
15	15	Art. 65.01. DEFINITIONS. In this chapter:
16	16	(1) "Highway or street" and "limited-access or
17	17	controlled-access highway" have the meanings assigned by Section
18	18	541.302, Transportation Code.
19	19	(2) "Law enforcement agency" means:
20	20	(A) the Texas Department of Public Safety;
21	21	(B) the sheriff's department of a county;
22	22	(C) a constable's office in a county with a
23	23	population of one million or more; or
24	24	(D) the police department of a municipality.
25	25	(3) "Sobriety checkpoint" means a checkpoint
26	26	authorized under Article 65.02.
27	27	Art. 65.02. AUTHORIZATION FOR SOBRIETY CHECKPOINTS. A law
28	28	enforcement agency may operate a temporary checkpoint as provided
29	29	by this chapter on a highway or street, other than a limited-access
30	30	or controlled-access highway, to determine whether persons
31	31	operating motor vehicles on the highway or street are intoxicated
32	32	and in violation of Section 49.04 or 49.045, Penal Code.
33	33	Art. 65.03. LAW ENFORCEMENT AGENCY COORDINATION. Each law
34	34	enforcement agency shall coordinate efforts with other law
35	35	enforcement agencies as appropriate to implement this chapter.
36	36	Art. 65.04. APPROVAL OF AND PROCEDURES FOR SOBRIETY
37	37	CHECKPOINTS. (a) A peace officer of at least the rank of
38	38	lieutenant or its equivalent in the law enforcement agency must
39	39	approve the operation of a sobriety checkpoint by peace officers of
40	40	the agency and the procedures to be used in the operation of the
41	41	checkpoint before the checkpoint begins operation.
42	42	(b) The law enforcement agency must record in writing the
43	43	procedures:
44	44	(1) used in selecting the site for the sobriety
45	45	checkpoint; and
46	46	(2) to be used in the operation of the sobriety
47	47	checkpoint.
48	48	(c) The procedures for the operation of a sobriety
49	49	checkpoint must ensure that the selection of motor vehicles to be
50	50	stopped is reasonably predictable and nonarbitrary.
51	51	(d) The criteria for selecting the location for a sobriety
52	52	checkpoint must include the number of traffic accidents in the
53	53	vicinity of the location in which the use of alcohol was a factor
54	54	and that occurred in the preceding 12 months and the number of
55	55	arrests for intoxication-related offenses in that vicinity in the
56	56	preceding 12 months. The selection of the location of a sobriety
57	57	checkpoint must be made without regard to the ethnic or
58	58	socioeconomic characteristics of the area in which the checkpoint
59	59	is located.
60	60	(e) The law enforcement agency, in establishing the
61	61	location, time, and design of a sobriety checkpoint, shall consider
62	62	the safety of the public entering the checkpoint and the peace
63	63	officers operating the checkpoint. The law enforcement agency
64	64	shall make reasonable efforts to place signs or other devices to
65	65	advise operators of oncoming motor vehicles of the sobriety
66	66	checkpoint and the purpose of the checkpoint, to demarcate the
67	67	checkpoint with flares, flags, or traffic cones, and to otherwise
68	68	illuminate the checkpoint as necessary.
69	69	(f) The peace officer who makes the initial traffic
70	70	directive or other communication with the operator of a motor
71	71	vehicle at the sobriety checkpoint must be wearing a uniform of the
72	72	law enforcement agency that is distinguishable from civilian dress.
73	73	(g) The law enforcement agency shall establish procedures
74	74	governing the encounters between motor vehicle operators and the
75	75	peace officers to ensure that:
76	76	(1) intrusion on the operator is minimized; and
77	77	(2) an inquiry is reasonably related to determining
78	78	whether the operator is intoxicated and in violation of Section
79	79	49.04 or 49.045, Penal Code.
80	80	(h) Notwithstanding Section 521.025 or 601.053,
81	81	Transportation Code, a peace officer may not request a person
82	82	operating a motor vehicle at the sobriety checkpoint to display the
83	83	person's driver's license or to furnish evidence of financial
84	84	responsibility unless the officer has reasonable suspicion or
85	85	probable cause to believe that the person has committed or is
86	86	committing an offense. A peace officer may not direct the operator
87	87	of or a passenger in a motor vehicle to leave the vehicle or move the
88	88	vehicle off the highway or street or routine sobriety checkpoint
89	89	diversion route unless the officer has reasonable suspicion or
90	90	probable cause to believe that the person has committed or is
91	91	committing an offense. The design of a sobriety checkpoint may
92	92	require that each motor vehicle passing through the checkpoint be
93	93	diverted to a location adjacent to the highway or street to ensure
94	94	safety.
95	95	(i) A peace officer at the sobriety checkpoint may not
96	96	require a motor vehicle operator to perform a sobriety test unless
97	97	the officer has reasonable suspicion or probable cause to believe
98	98	that the operator is in violation of Section 49.04 or 49.045, Penal
99	99	Code. A peace officer who requires or requests an operator to
100	100	provide a specimen of breath, blood, or urine must comply with
101	101	Chapter 724, Transportation Code.
102	102	(j) Unless a peace officer has reasonable suspicion or
103	103	probable cause to detain a motor vehicle operator or passenger for a
104	104	criminal offense, the time during which an officer makes an inquiry
105	105	of an operator or passenger should not exceed three minutes, and the
106	106	total time during which the operator must wait to pass through the
107	107	checkpoint should not exceed 10 minutes. The law enforcement
108	108	agency shall make reasonable efforts to reduce these periods to not
109	109	more than one and five minutes, respectively.
110	110	(k) The law enforcement agency shall publicize the date and
111	111	time for the operation of a sobriety checkpoint but is not required
112	112	to disclose the location of the checkpoint.
113	113	(l) A law enforcement agency may not operate a sobriety
114	114	checkpoint at one location for more than four hours and may not
115	115	operate a checkpoint at the same location more than twice in a
116	116	30-day period. For the purposes of this subsection, sobriety
117	117	checkpoints located within one-half mile of each other are
118	118	considered to be at the same location.
119	119	(m) A law enforcement agency shall keep a record of the
120	120	operation of a sobriety checkpoint that contains:
121	121	(1) the date, time, location, and duration of the
122	122	checkpoint;
123	123	(2) the number of motor vehicles stopped at the
124	124	checkpoint and the number and nature of arrests made and citations
125	125	issued at the checkpoint; and
126	126	(3) the identities of the peace officers operating the
127	127	checkpoint.
128	128	SECTION 2. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2009.