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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of peace officers to conduct certain |
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searches. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 1.06, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 1.06. SEARCHES AND SEIZURES. (a) The people shall be |
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secure in their persons, houses, papers, and possessions from all |
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unreasonable seizures or searches. No warrant to search any place |
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or to seize any person or thing shall issue without describing them |
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as near as may be, nor without probable cause supported by oath or |
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affirmation. |
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(b) A peace officer who stops a motor vehicle for any |
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alleged violation of a law or ordinance regulating traffic may not |
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search the vehicle unless the peace officer: |
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(1) has probable cause to conduct the search; |
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(2) obtains the written consent of the operator of the |
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vehicle on a form that complies with Section 1701.1525(b), |
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Occupations Code; |
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(3) obtains the oral consent of the operator of the |
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vehicle and ensures that the oral consent is evidenced by an audio |
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and video recording that complies with Section 1701.1525(c), |
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Occupations Code, and is recorded by a body worn camera, as defined |
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by Section 1701.651, Occupations Code; or |
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(4) has a reasonable and articulable fear that the |
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operator or another person in the vehicle poses a threat to the |
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safety of the peace officer or another person. |
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SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.1525 to read as follows: |
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Sec. 1701.1525. RULES FOR CERTAIN EVIDENCE OF CONSENT TO |
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VEHICLE SEARCH. (a) The commission by rule shall establish |
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requirements for: |
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(1) a form used to obtain the written consent of the |
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operator of a motor vehicle under Article 1.06, Code of Criminal |
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Procedure; and |
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(2) an audio and video recording used as evidence of |
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the oral consent of the operator of a motor vehicle under Article |
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1.06, Code of Criminal Procedure. |
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(b) At a minimum, the rules adopted under Subsection (a)(1) |
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must require the form to contain: |
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(1) a statement that the operator of the motor vehicle |
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fully understands that the operator may refuse to give the peace |
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officer consent to search the motor vehicle; |
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(2) a statement that the operator of the motor vehicle |
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is freely and voluntarily giving the peace officer consent to |
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search the motor vehicle; |
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(3) the time and date of the stop giving rise to the |
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search; |
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(4) a description of the motor vehicle to be searched; |
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and |
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(5) the name of each peace officer conducting the stop |
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or search. |
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(c) At a minimum, the rules adopted under Subsection (a)(2) |
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must require the audio and video recording to be created by a body |
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worn camera, as defined by Section 1701.651, and document the |
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following affirmative statements: |
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(1) a statement made by the peace officer that informs |
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the operator of the motor vehicle that the operator may refuse to |
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give the peace officer consent to search the motor vehicle; and |
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(2) a statement made by the operator of the motor |
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vehicle that the operator: |
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(A) fully understands that the operator may |
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refuse to give the peace officer consent to search the motor |
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vehicle; and |
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(B) is freely and voluntarily giving the peace |
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officer consent to search the motor vehicle. |
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SECTION 3. The Texas Commission on Law Enforcement shall |
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adopt the rules required by Section 1701.1525, Occupations Code, as |
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added by this Act, not later than December 1, 2017. |
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SECTION 4. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2017. |
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(b) Article 1.06, Code of Criminal Procedure, as amended by |
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this Act, takes effect January 1, 2018. |