83R7006 SCL-D
	By: Davis	S.B. No. 1418

	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of the Department of Public Safety and
	certain local law enforcement agencies to establish a temporary
	checkpoint on a highway or street to determine whether persons are
	driving while intoxicated.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Title 1, Code of Criminal Procedure, is amended
	by adding Chapter 65 to read as follows:
	CHAPTER 65.  SOBRIETY CHECKPOINTS
	Art. 65.01.  DEFINITIONS. In this chapter:
	(1)  "Department" means the Department of Public
	Safety.
	(2)  "Highway or street" and "limited-access or
	controlled-access highway" have the meanings assigned by Section
	541.302, Transportation Code.
	(3)  "Law enforcement agency" means:
	(A)  the department;
	(B)  the sheriff's department of a county with a
	population of 250,000 or more; or
	(C)  the police department of a municipality with
	a population of 350,000 or more.
	(4)  "Sobriety checkpoint" means a checkpoint
	authorized under Article 65.02.
	Art. 65.02.  AUTHORIZATION FOR OPERATION OF SOBRIETY
	CHECKPOINTS. (a)  Except as otherwise provided by Subsections (b)
	and (c), a law enforcement agency may operate on a highway or street
	a temporary sobriety checkpoint as provided by this chapter to
	determine whether motor vehicle operators are intoxicated and in
	violation of Section 49.04 or 49.045, Penal Code.
	(b)  A law enforcement agency may not operate a sobriety
	checkpoint on:
	(1)  a limited-access or controlled-access highway;
	(2)  an overpass;
	(3)  a bridge or causeway; or
	(4)  the single ingress to or egress from a designated
	area.
	(c)  The department may not operate a sobriety checkpoint in
	a county with a population of less than 250,000.
	Art. 65.03.  LAW ENFORCEMENT AGENCY COORDINATION.  Each law
	enforcement agency shall coordinate efforts with other law
	enforcement agencies as appropriate to implement this chapter.
	Art. 65.04.  APPROVAL OF AND PROCEDURES FOR OPERATION OF
	SOBRIETY CHECKPOINTS.  (a)  Before a law enforcement agency begins
	operating a sobriety checkpoint, the procedures to be used in the
	operation of the checkpoint must be approved by:
	(1)  a captain for the Texas Highway Patrol for a
	checkpoint operated by the department;
	(2)  the elected sheriff of a county for a checkpoint
	operated by the sheriff's department of the county; or
	(3)  the police chief of a municipality for a
	checkpoint operated by the police department of the municipality.
	(b)  The law enforcement agency must record in writing and
	publish on an appropriate publicly accessible Internet website:
	(1)  the criteria for and procedures used in selecting
	each location of a sobriety checkpoint; and
	(2)  the procedures to be used in the operation of each
	sobriety checkpoint, including procedures for selecting motor
	vehicles to be stopped.
	(c)  The procedures for the operation of a sobriety
	checkpoint must ensure that the selection of motor vehicles to be
	stopped is reasonably predictable and nonarbitrary.
	(d)  The criteria for selecting the location for a sobriety
	checkpoint must include the number of traffic accidents in the
	vicinity of the location in which the use of alcohol was a factor
	and that occurred in the preceding 12 months and the number of
	arrests for intoxication-related offenses in that vicinity in the
	preceding 12 months. The criteria for selecting the location of a
	sobriety checkpoint may not include, and the selection of the
	location of a sobriety checkpoint must be made without regard to,
	the ethnic or socioeconomic characteristics of the area in which
	the checkpoint is located.
	(e)  The law enforcement agency, in establishing the
	location, time, and design of a sobriety checkpoint, shall consider
	the safety of the public entering the checkpoint and the peace
	officers operating the checkpoint. The law enforcement agency
	shall make reasonable efforts to place signs or other devices to
	advise an operator of an oncoming motor vehicle of the existence and
	purpose of the sobriety checkpoint, to demarcate the checkpoint
	with flares, flags, or traffic cones, and to otherwise illuminate
	the checkpoint as necessary. The design of a sobriety checkpoint
	may require each motor vehicle passing through the checkpoint to be
	diverted to a location adjacent to the highway or street to ensure
	safety.
	(f)  The peace officer who makes the initial traffic
	directive to or other communication with the operator of a motor
	vehicle at the sobriety checkpoint must be wearing a uniform of the
	law enforcement agency that is distinguishable from civilian dress.
	(g)  The law enforcement agency shall establish procedures
	governing the encounters between motor vehicle operators and the
	peace officers to ensure that:
	(1)  a video and audio recording is made of each
	encounter;
	(2)  intrusion on the operator is minimized; and
	(3)  any inquiry by the peace officer is reasonably
	related to determining whether the operator is intoxicated and in
	violation of Section 49.04 or 49.045, Penal Code.
	(h)  Notwithstanding Section 521.025 or 601.053,
	Transportation Code, or Section 411.205, Government Code, a peace
	officer may not request a motor vehicle operator at the sobriety
	checkpoint to display the operator's driver's license or license to
	carry a concealed handgun or to furnish evidence of financial
	responsibility unless the officer has reasonable suspicion or
	probable cause to believe that the operator has committed or is
	committing an offense. A peace officer may not direct a motor
	vehicle operator to leave the vehicle or move the vehicle off the
	highway or street or sobriety checkpoint diversion route unless the
	officer has reasonable suspicion or probable cause to believe that
	the operator has committed or is committing an offense.
	(i)  A peace officer at the sobriety checkpoint may not
	require a motor vehicle operator to perform a sobriety test unless
	the officer has reasonable suspicion or probable cause to believe
	that the operator is in violation of Section 49.04 or 49.045, Penal
	Code. A peace officer who requests or requires an operator to
	provide a specimen of breath or blood must comply with Chapter 724,
	Transportation Code.
	(j)  Unless a peace officer has reasonable suspicion or
	probable cause to detain a motor vehicle operator for a criminal
	offense, the time during which an officer makes an inquiry of an
	operator should not exceed three minutes, and the total time during
	which the operator must wait to pass through the checkpoint should
	not exceed 10 minutes. The law enforcement agency shall make
	reasonable efforts to reduce these periods to not more than one and
	five minutes, respectively.
	(k)  Before beginning the operation of a sobriety
	checkpoint, the law enforcement agency shall publicize through the
	use of the media the date and time for the operation of that
	checkpoint but is not required to disclose the location of the
	checkpoint.
	(l)  A law enforcement agency may not operate a sobriety
	checkpoint at one location for more than four hours and may not
	operate a checkpoint at the same location more than once in a
	12-month period. For the purposes of this subsection, sobriety
	checkpoints located within one mile of each other are considered to
	be at the same location.
	(m)  For each sobriety checkpoint operated under this
	chapter, the law enforcement agency operating the checkpoint shall
	maintain:
	(1)  until at least the fifth anniversary of the date on
	which the agency concludes the operation of the checkpoint, a
	record of the operation of the checkpoint that contains:
	(A)  the date, time, location, and duration of the
	checkpoint;
	(B)  the procedures used in selecting the location
	for the checkpoint;
	(C)  the number and characteristics of the motor
	vehicles stopped at the checkpoint;
	(D)  the number and nature of any arrests made or
	citations issued at the checkpoint; and
	(E)  the identity of each peace officer operating
	the checkpoint; and
	(2)  until at least the second anniversary of the date
	on which the agency concludes the operation of the checkpoint, any
	video or audio recording made under Subsection (g)(1) of an
	encounter between a motor vehicle operator and a peace officer at
	the checkpoint.
	Art. 65.05.  PUBLIC NOTICE. (a)  Not later than the third
	day before the date the operation of a sobriety checkpoint is
	scheduled to begin, the captain, sheriff, or police chief who
	approved the checkpoint, as applicable, shall provide public notice
	of the date, time, location, and duration of the checkpoint by:
	(1)  posting notice on the law enforcement agency's
	Internet website; or
	(2)  if the law enforcement agency does not have an
	Internet website or is otherwise unable to comply with Subdivision
	(1):
	(A)  requesting the secretary of state to post the
	notice on the secretary of state's Internet website, if the
	department will operate the checkpoint;
	(B)  posting the notice on a bulletin board in the
	county courthouse at a location convenient and clearly visible to
	the public, if the sheriff's department of the county will operate
	the checkpoint; or
	(C)  posting the notice on a bulletin board in the
	city hall at a location convenient and clearly visible to the
	public, if the police department of the municipality will operate
	the checkpoint.
	(b)  On receipt of a request by the department under
	Subsection (a)(2)(A), the secretary of state shall post notice on
	the secretary of state's Internet website of the date, time,
	location, and duration of the sobriety checkpoint with respect to
	which the request is made.
	(c)  The law enforcement agency or secretary of state shall
	post a notice required by this article continuously for the
	three-day period preceding the operation of the sobriety
	checkpoint.
	Art. 65.06.  REPORT ON EFFECTIVENESS OF SOBRIETY
	CHECKPOINTS.  (a)  Not later than January 15 of each calendar year,
	each law enforcement agency that operated a sobriety checkpoint
	during the preceding calendar year shall submit a report on the
	operation of the checkpoint to the traffic safety section of the
	traffic operations division of the Texas Department of
	Transportation.
	(b)  The traffic operations division is entitled to inspect
	any information in the possession of the law enforcement agency
	that relates to the operation of a sobriety checkpoint by the
	agency.
	(c)  Not later than February 1, 2019, the traffic operations
	division shall submit a report on the effectiveness of sobriety
	checkpoints operated under this chapter to the governor, the
	lieutenant governor, and the speaker of the house of
	representatives.
	Art. 65.07.  EXPIRATION.  This chapter expires August 31,
	2019.
	SECTION 2.  A law enforcement agency authorized to operate a
	sobriety checkpoint under Chapter 65, Code of Criminal Procedure,
	as added by this Act, shall submit the first report required by
	Article 65.06, Code of Criminal Procedure, as added by this Act, not
	later than January 15, 2014.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.