Texas House Bill HB917

Texas 2009 - 81st Regular

• Out of House Committee: 4/14/09

Caption

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

Impact

This bill is expected to impact the procedural landscape for traffic stops and searches, emphasizing the protection of citizens' rights against unreasonable searches. By explicitly detailing the conditions under which searches may be conducted, the bill seeks to uphold constitutional protections while balancing the needs of law enforcement. It will also require peace officers to adhere to stricter protocols when obtaining consent for vehicle searches, potentially affecting how searches are carried out statewide.

Summary

House Bill 917, titled 'Relating to the authority of peace officers to conduct certain searches', aims to amend the Code of Criminal Procedure, particularly regarding the authority of law enforcement officers in conducting searches of motor vehicles. The bill provides specific guidelines on when a peace officer may search a vehicle stopped for a traffic violation, emphasizing the need for probable cause or other legal bases for conducting such searches. If enacted, the bill will establish clear requirements for obtaining consent from vehicle operators, which is an essential factor in lawful searches.

Contention

Notable points of contention regarding HB 917 may revolve around the implications for law enforcement practices and citizens' rights. While advocates argue that these changes will enhance accountability and protect civil liberties, opponents may raise concerns about the practicality and enforcement of the new consent requirements. There may also be discussions around how this bill interacts with existing laws governing search and seizure, and whether such changes could lead to confusion in law enforcement practices. Overall, the bill seeks to redefine the balance between effective policing and respecting individuals' rights during traffic stops.