| 1 | 1 | | 85R3964 AJZ-F |
|---|
| 2 | 2 | | By: Burton S.B. No. 381 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority of peace officers to conduct certain |
|---|
| 8 | 8 | | searches. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Article 1.06, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | Art. 1.06. SEARCHES AND SEIZURES. (a) The people shall be |
|---|
| 13 | 13 | | secure in their persons, houses, papers, and possessions from all |
|---|
| 14 | 14 | | unreasonable seizures or searches. No warrant to search any place |
|---|
| 15 | 15 | | or to seize any person or thing shall issue without describing them |
|---|
| 16 | 16 | | as near as may be, nor without probable cause supported by oath or |
|---|
| 17 | 17 | | affirmation. |
|---|
| 18 | 18 | | (b) A peace officer who stops a motor vehicle for any |
|---|
| 19 | 19 | | alleged violation of a law or ordinance regulating traffic may not |
|---|
| 20 | 20 | | search the vehicle unless the peace officer: |
|---|
| 21 | 21 | | (1) has probable cause to conduct the search; |
|---|
| 22 | 22 | | (2) obtains the written consent of the operator of the |
|---|
| 23 | 23 | | vehicle on a form that complies with Section 1701.1525(b), |
|---|
| 24 | 24 | | Occupations Code; |
|---|
| 25 | 25 | | (3) obtains the oral consent of the operator of the |
|---|
| 26 | 26 | | vehicle and ensures that the oral consent is evidenced by an audio |
|---|
| 27 | 27 | | and video recording that complies with Section 1701.1525(c), |
|---|
| 28 | 28 | | Occupations Code, and is recorded by a body worn camera, as defined |
|---|
| 29 | 29 | | by Section 1701.651, Occupations Code; or |
|---|
| 30 | 30 | | (4) has a reasonable and articulable fear that the |
|---|
| 31 | 31 | | operator or another person in the vehicle poses a threat to the |
|---|
| 32 | 32 | | safety of the peace officer or another person. |
|---|
| 33 | 33 | | SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is |
|---|
| 34 | 34 | | amended by adding Section 1701.1525 to read as follows: |
|---|
| 35 | 35 | | Sec. 1701.1525. RULES FOR CERTAIN EVIDENCE OF CONSENT TO |
|---|
| 36 | 36 | | VEHICLE SEARCH. (a) The commission by rule shall establish |
|---|
| 37 | 37 | | requirements for: |
|---|
| 38 | 38 | | (1) a form used to obtain the written consent of the |
|---|
| 39 | 39 | | operator of a motor vehicle under Article 1.06, Code of Criminal |
|---|
| 40 | 40 | | Procedure; and |
|---|
| 41 | 41 | | (2) an audio and video recording used as evidence of |
|---|
| 42 | 42 | | the oral consent of the operator of a motor vehicle under Article |
|---|
| 43 | 43 | | 1.06, Code of Criminal Procedure. |
|---|
| 44 | 44 | | (b) At a minimum, the rules adopted under Subsection (a)(1) |
|---|
| 45 | 45 | | must require the form to contain: |
|---|
| 46 | 46 | | (1) a statement that the operator of the motor vehicle |
|---|
| 47 | 47 | | fully understands that the operator may refuse to give the peace |
|---|
| 48 | 48 | | officer consent to search the motor vehicle; |
|---|
| 49 | 49 | | (2) a statement that the operator of the motor vehicle |
|---|
| 50 | 50 | | is freely and voluntarily giving the peace officer consent to |
|---|
| 51 | 51 | | search the motor vehicle; |
|---|
| 52 | 52 | | (3) the time and date of the stop giving rise to the |
|---|
| 53 | 53 | | search; |
|---|
| 54 | 54 | | (4) a description of the motor vehicle to be searched; |
|---|
| 55 | 55 | | and |
|---|
| 56 | 56 | | (5) the name of each peace officer conducting the stop |
|---|
| 57 | 57 | | or search. |
|---|
| 58 | 58 | | (c) At a minimum, the rules adopted under Subsection (a)(2) |
|---|
| 59 | 59 | | must require the audio and video recording to be created by a body |
|---|
| 60 | 60 | | worn camera, as defined by Section 1701.651, and document the |
|---|
| 61 | 61 | | following affirmative statements: |
|---|
| 62 | 62 | | (1) a statement made by the peace officer that informs |
|---|
| 63 | 63 | | the operator of the motor vehicle that the operator may refuse to |
|---|
| 64 | 64 | | give the peace officer consent to search the motor vehicle; and |
|---|
| 65 | 65 | | (2) a statement made by the operator of the motor |
|---|
| 66 | 66 | | vehicle that the operator: |
|---|
| 67 | 67 | | (A) fully understands that the operator may |
|---|
| 68 | 68 | | refuse to give the peace officer consent to search the motor |
|---|
| 69 | 69 | | vehicle; and |
|---|
| 70 | 70 | | (B) is freely and voluntarily giving the peace |
|---|
| 71 | 71 | | officer consent to search the motor vehicle. |
|---|
| 72 | 72 | | SECTION 3. The Texas Commission on Law Enforcement shall |
|---|
| 73 | 73 | | adopt the rules required by Section 1701.1525, Occupations Code, as |
|---|
| 74 | 74 | | added by this Act, not later than December 1, 2017. |
|---|
| 75 | 75 | | SECTION 4. (a) Except as provided by Subsection (b) of |
|---|
| 76 | 76 | | this section, this Act takes effect September 1, 2017. |
|---|
| 77 | 77 | | (b) Article 1.06, Code of Criminal Procedure, as amended by |
|---|
| 78 | 78 | | this Act, takes effect January 1, 2018. |
|---|