| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to motorcycle profiling by peace officers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Article 2.1315 to read as follows: |
|
|
Art. 2.1315. MOTORCYCLE PROFILING PROHIBITED. (a) In this |
|
|
article: |
|
|
(1) "Law enforcement agency" and "motor vehicle stop" |
|
|
have the meanings assigned by Article 2.132. |
|
|
(2) "Motorcycle profiling" means a law |
|
|
enforcement-initiated action based wholly or partly on an |
|
|
individual operating a motorcycle or wearing motorcycle-related or |
|
|
motorcycle club-related paraphernalia rather than on the |
|
|
individual's behavior or on information identifying the individual |
|
|
as having engaged in criminal activity. The term includes a motor |
|
|
vehicle stop that is made with respect to an individual operating a |
|
|
motorcycle and that the peace officer extends beyond the period |
|
|
necessary to effectuate the purpose of the stop. |
|
|
(b) A peace officer may not engage in motorcycle profiling. |
|
|
(c) Each law enforcement agency in this state shall adopt a |
|
|
detailed written policy on motorcycle profiling. The policy must: |
|
|
(1) clearly define acts constituting motorcycle |
|
|
profiling; |
|
|
(2) strictly prohibit peace officers employed by the |
|
|
agency from engaging in motorcycle profiling; |
|
|
(3) implement a process by which an individual may |
|
|
file a complaint with the agency if the individual believes that a |
|
|
peace officer employed by the agency has engaged in motorcycle |
|
|
profiling with respect to the individual; and |
|
|
(4) require appropriate disciplinary action to be |
|
|
taken against a peace officer employed by the agency who, after an |
|
|
investigation, is shown to have engaged in motorcycle profiling in |
|
|
violation of the agency's policy adopted under this article. |
|
|
SECTION 2. Not later than December 1, 2021, each law |
|
|
enforcement agency in this state shall adopt the policy required by |
|
|
Article 2.1315, Code of Criminal Procedure, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |