Bill Text: TX HB512 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the authority of peace officers to conduct certain searches.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-21 - Left pending in subcommittee [HB512 Detail]
Download: Texas-2011-HB512-Introduced.html
| 82R3014 AJZ-F | ||
| By: Dutton | H.B. No. 512 | |
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| 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 411.0208(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 411.0208(c), | ||
| Government Code. | ||
| SECTION 2. Subchapter A, Chapter 411, Government Code, is | ||
| amended by adding Section 411.0208 to read as follows: | ||
| Sec. 411.0208. 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 411.0208, Government | ||
| Code, as added by this Act, not later than December 1, 2011. | ||
| SECTION 4. (a) Except as provided by Subsection (b) of | ||
| this section, this Act takes effect September 1, 2011. | ||
| (b) Article 1.06, Code of Criminal Procedure, as amended by | ||
| this Act, takes effect January 1, 2012. | ||
