Bill Text: TX HB71 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the authority of peace officers to conduct certain searches.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-25 - Referred to Homeland Security & Public Safety [HB71 Detail]
Download: Texas-2021-HB71-Introduced.html
87R1987 AJZ-F | ||
By: J. Johnson of Harris | H.B. No. 71 |
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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 to conduct the search; | ||
(2) obtains the written consent of the operator of the | ||
vehicle on a form that complies with Section 1701.1526(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 1701.1526(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 1701.1526 to read as follows: | ||
Sec. 1701.1526. 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 1701.1526, Occupations Code, as | ||
added by this Act, not later than December 1, 2021. | ||
SECTION 4. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2021. | ||
(b) Article 1.06, Code of Criminal Procedure, as amended by | ||
this Act, takes effect January 1, 2022. |