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SB 298 - Authorizing Sobriety Checkpoints - Key Vote

Texas Key Votes

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Note

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Stage Details

Legislation - Referred to Committee (House) -
Legislation - Bill Passed (Senate) (20-11) - (Key vote)

Title: Authorizing Sobriety Checkpoints

Vote Smart's Synopsis:

Vote to pass a bill that authorizes law enforcement agencies to operate temporary sobriety checkpoints on public roads in specific areas.

Highlights:
-Prohibits law enforcement from operating checkpoints in counties with populations of less than 250,000 or cities with populations of less than 500,000 (Sec. 1). -Prohibits law enforcement from operating checkpoints on limited-access or controlled-access highways, overpasses, bridges or causeways, or the single ingress to or egress from a designated area (Sec. 1). -Requires a peace officer to establish reasonable suspicion or probable cause that a crime is being committed before directing the driver to do any of the following (Sec. 1):
    -Leave the vehicle; -Move the vehicle off the highway or street; -Present a driver's license or concealed handgun license; or -Perform a sobriety test.
-Prohibits law enforcement from conducting an inquiry of a driver for longer than three minutes, and specifies that the total time during which a driver must wait to pass through the checkpoint shall not exceed ten minutes, unless the peace officer establishes reasonable suspicion or probable cause to detain a driver for a criminal offense (Sec. 1). -Requires law enforcement to publicize through the media the date and time for the operation of a checkpoint, but specifies that the location does not have to be disclosed (Sec. 1). -Prohibits law enforcement from operating a checkpoint at 1 location for longer than 4 hours (Sec. 1). -Prohibits law enforcement from operating a checkpoint at the same location for longer than 1 year (Sec. 1). -Requires the procedures for operating a checkpoint to ensure the following (Sec. 1):
    -That the selection of motor vehicles to be stopped is "reasonably predictable and nonarbitrary"; - A video and audio recording is made of encounters between drivers and peace officers; -Intrusion on drivers by peace officers is minimized; and -Inquiries to determine whether drivers are intoxicated are "reasonable."
-Repeals the provisions of this Act on August 31, 2015 (Sec. 1). -This is a substitute bill sponsored by the Senate Committee on Transportation and Homeland Security.
Legislation - Introduced (Senate) -

Title: Authorizing Sobriety Checkpoints

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