81R741 KCR-F
By: Dutton H.B. No. 917
A BILL TO BE ENTITLED
AN ACT
relating to the authority of peace officers to conduct certain
searches.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 1.06, Code of Criminal Procedure, is
amended to read as follows:
Art. 1.06. SEARCHES AND SEIZURES. (a) The people shall be
secure in their persons, houses, papers, and possessions from all
unreasonable seizures or searches. No warrant to search any place
or to seize any person or thing shall issue without describing them
as near as may be, nor without probable cause supported by oath or
affirmation.
(b) A peace officer who stops a motor vehicle for any
alleged violation of a law or ordinance regulating traffic may not
search the vehicle unless the peace officer:
(1) has probable cause or another legal basis for
conducting the search, including conducting a search based on a
reasonable and articulable fear for the safety of the peace officer
or another person;
(2) obtains the written consent of the operator of the
vehicle on a form that complies with Section 411.0207(b),
Government Code; or
(3) obtains the oral consent of the operator of the
vehicle and ensures that the oral consent is evidenced by an audio
and video recording that complies with Section 411.0207(c),
Government Code.
SECTION 2. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0207 to read as follows:
Sec. 411.0207. RULES FOR CERTAIN EVIDENCE OF CONSENT TO
VEHICLE SEARCH. (a) The director by rule shall establish
requirements for:
(1) a form used to obtain the written consent of the
operator of a motor vehicle under Article 1.06, Code of Criminal
Procedure; and
(2) an audio and video recording used as evidence of
the oral consent of the operator of a motor vehicle under Article
1.06, Code of Criminal Procedure.
(b) At a minimum, the rules adopted under Subsection (a)(1)
must require the form to contain:
(1) a statement that the operator of the motor vehicle
fully understands that the operator may refuse to give the peace
officer consent to search the motor vehicle;
(2) a statement that the operator of the motor vehicle
is freely and voluntarily giving the peace officer consent to
search the motor vehicle;
(3) the time and date of the stop giving rise to the
search;
(4) a description of the motor vehicle to be searched;
and
(5) the name of each peace officer conducting the stop
or search.
(c) At a minimum, the rules adopted under Subsection (a)(2)
must require the audio and video recording to reflect an
affirmative statement made by the operator that:
(1) the operator of the motor vehicle fully
understands that the operator may refuse to give the peace officer
consent to search the motor vehicle; and
(2) the operator of the motor vehicle is freely and
voluntarily giving the peace officer consent to search the motor
vehicle.
SECTION 3. The director of the Department of Public Safety
shall adopt the rules required by Section 411.0207, Government
Code, as added by this Act, not later than December 1, 2009.
SECTION 4. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2009.
(b) Article 1.06, Code of Criminal Procedure, as amended by
this Act, takes effect January 1, 2010.