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A BILL TO BE ENTITLED
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AN ACT
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relating to motorcycle profiling by peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.1315 to read as follows: |
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Art. 2.1315. MOTORCYCLE PROFILING PROHIBITED. (a) In this |
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article, "motorcycle profiling" means a law enforcement-initiated |
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action based, in whole or in part, on an individual operating a |
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motorcycle or wearing motorcycle-related or motorcycle |
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club-related paraphernalia rather than on the individual's |
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behavior or on information identifying the individual as having |
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engaged in criminal activity. |
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(b) A peace officer may not engage in motorcycle profiling. |
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SECTION 2. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 117 to read as follows: |
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CHAPTER 117. LIABILITY ARISING FROM CONDUCT OF PEACE OFFICERS OR |
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LAW ENFORCEMENT ACTIVITIES |
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Sec. 117.001. MOTORCYCLE PROFILING. (a) An individual |
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against whom a peace officer has engaged in motorcycle profiling in |
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violation of Article 2.1315, Code of Criminal Procedure, may bring |
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an action against the peace officer or the governmental unit |
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employing the peace officer to recover damages arising from the |
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motorcycle profiling and for an injunction against future |
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violations of that article. |
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(b) An individual who establishes in an action under this |
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section that a peace officer engaged in motorcycle profiling |
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against the individual is entitled to recover reasonable attorney's |
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fees and litigation costs. |
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(c) A governmental unit is vicariously liable under the |
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doctrine of respondeat superior for damages arising from motorcycle |
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profiling engaged in by a peace officer employed by the |
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governmental unit. |
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(d) A governmental unit's sovereign or governmental |
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immunity to suit and from liability is waived to the extent of |
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liability created by this section. |
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(e) A peace officer may not assert official immunity as a |
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defense to liability under this section. |
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SECTION 3. Chapter 117, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |