Bill Text: TX HB814 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the authority of peace officers to conduct certain searches.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-21 - Referred to Homeland Security & Public Safety [HB814 Detail]

Download: Texas-2017-HB814-Introduced.html
 
 
  By: Johnson of Harris H.B. No. 814
 
 
 
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 to conduct the search;
               (2)  obtains the written consent of the operator of the
  vehicle on a form that complies with Section 1701.1525(b),
  Occupations Code;
               (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 1701.1525(c),
  Occupations Code, and is recorded by a body worn camera, as defined
  by Section 1701.651, Occupations Code; or
               (4)  has a reasonable and articulable fear that the
  operator or another person in the vehicle poses a threat to the
  safety of the peace officer or another person.
         SECTION 2.  Subchapter D, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.1525 to read as follows:
         Sec. 1701.1525.  RULES FOR CERTAIN EVIDENCE OF CONSENT TO
  VEHICLE SEARCH. (a) The commission 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 be created by a body
  worn camera, as defined by Section 1701.651, and document the
  following affirmative statements:
               (1)  a statement made by the peace officer that informs
  the operator of the motor vehicle that the operator may refuse to
  give the peace officer consent to search the motor vehicle; and
               (2)  a statement made by the operator of the motor
  vehicle that the operator:
                     
                     (A)  fully understands that the operator may
  refuse to give the peace officer consent to search the motor
  vehicle; and
                     (B)  is freely and voluntarily giving the peace
  officer consent to search the motor vehicle.
         SECTION 3.  The Texas Commission on Law Enforcement shall
  adopt the rules required by Section 1701.1525, Occupations Code, as
  added by this Act, not later than December 1, 2017.
         SECTION 4.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2017.
         (b)  Article 1.06, Code of Criminal Procedure, as amended by
  this Act, takes effect January 1, 2018.
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