SRC-JBJ S.B. 1074 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1074
By: West, Royce
Criminal Justice
6/21/2001
Enrolled


DIGEST AND PURPOSE 

There is growing concern regarding the practice of racial profiling by law
enforcement agencies.  S.B. 1074 statutorily defines and prohibits racial
profiling and sets forth provisions for the implementation of policies,
education and training programs, and the collection and reporting of
certain information regarding racial profiling in the practice of law
enforcement. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Public
Safety in SECTION 1 (Articles 2.137 and 2.138, Code of Criminal Procedure)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 2, Code of Criminal Procedure, by adding
Articles 2.131 - 2.138, as follows: 

Art. 2.131.  RACIAL PROFILING PROHIBITED.  Prohibits a peace officer from
engaging in racial profiling. 

Art. 2.132.  LAW ENFORCEMENT POLICY ON RACIAL PROFILING.  (a)  Defines "law
enforcement agency" and "race or ethnicity." 

(b)  Requires each law enforcement agency in this state to adopt a detailed
written policy on racial profiling.  Requires the policy to meet certain
criteria. 

(c)  Prohibits the date collected as a result of the reporting requirements
of this article from constituting prima facie evidence of racial profiling. 

(d)  Requires a law enforcement agency, on adoption of a policy under
Subsection (b), to examine the feasibility of installing video camera and
transmitter-activated equipment in each agency law enforcement motor
vehicle regularly used to make traffic stops and transmitter-activated
equipment in each agency law enforcement motorcycle regularly used to make
traffic stops.  Requires the policy adopted by a law enforcement agency
under Subsection (b), if the agency installs video or audio equipment as
provided by this subsection, to include standards for reviewing video and
audio documentation. 

(e)  Prohibits a report required under Subsection (b)(7) from including
identifying information about a peace officer who makes a traffic stop or
about an individual who is stopped or arrested by a peace officer.
Provides that this subsection does not affect the collection of information
as required by a policy under Subsection (b)(6). 

(f)  Requires the agency, on the commencement of an investigation by a law
enforcement agency of a complaint described by Subsection (b)(3) in which a
video or audio recording of the occurrence on which the complaint is based
was made, to  promptly provide a copy of the recording to the peace officer
who is the subject of the complaint on written request by the officer. 

Art. 2.133.  REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS.  Defines
"race or ethnicity" and "pedestrian stop."  Requires a peace officer who
stops a motor vehicle for an alleged violation of a law or ordinance
regulating traffic or who stops a pedestrian for any suspected offense to
report to the law enforcement agency that employs the officer certain
specific information. 

Art. 2.134.  COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.  (a)
Defines "pedestrian stop."  

(b)  Requires a law enforcement agency to compile and analyze the
information contained in each  report received by the agency under Article
2.133.  Requires each local law enforcement agency, not later than March 1
of each year, to submit a report containing the information compiled during
the previous calendar year to the governing body of each county or
municipality served by the agency in a manner approved by the agency. 

(c)  Requires that a report required under Subsection (a) include certain
specific information. 

(d)  Prohibits a report under Subsection (a) from including information
about a peace officer who makes a traffic or pedestrian stop or about an
individual who is stopped or arrested by a peace officer.  Provides that
this subsection does not affect the reporting of information required under
Article 2.133(b)(1). 

(e)  Requires the Commission on Law Enforcement Officer Standards and
Education (commission) to develop guidelines for compiling and reporting
information as required by this article. 

(f)  Prohibits the date collected as a result of the reporting requirements
of this article from constituting prima facie evidence of racial profiling. 

Art. 2.135.  EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT.  (a)
Provides that a peace officer is exempt from the reporting requirement
under Article 2.133 and a law enforcement agency is exempt from the
compilation, analysis, and reporting requirements under Article 2.134 under
certain conditions. 

(b)  Requires a law enforcement agency that is exempt from the requirements
under Article 2.134, except as otherwise provided by this subsection, to
retain the video and audio or audio documentation of each traffic and
pedestrian stop for at least 90 days after the date of the stop.  Requires
the law enforcement agency, if a complaint is filed with the agency
alleging that a peace officer employed by the agency has engaged in racial
profiling with respect to a traffic or pedestrian stop, to retain the video
and audio or audio record of the stop until final disposition of the
complaint. 

(c)  Provides that this article does not affect the collection, analysis,
or reporting requirements under Article 2.132. 

Art. 2.136.  LIABILITY.  Provides that a peace officer is not liable for
damages arising from an act relating to the collection or reporting of
information as required by Article 2.133 or under a policy adopted under
Article 2.132. 

Art. 2.137.  PROVISION OF FUNDING OR EQUIPMENT.  (a)  Requires the
Department  of Public Safety (department) to adopt rules for providing
funds or video and audio equipment to law enforcement agencies for the
purpose of installing video and audio equipment as described by Article
2.135(a)(1)(A), including specifying criteria to prioritize funding or
equipment provided to law enforcement agencies.  Authorizes the criteria to
include certain considerations.  Requires the criteria to give certain
priorities.   

(b)  Requires the department to collaborate with an institution of higher
education to identify law enforcement agencies that need funds or video and
audio equipment for the purpose of installing video and audio equipment as
described by Article 2.135(a)(1)(A).  Authorizes the collaboration to
include the use of a survey to assist in developing criteria to prioritize
funding or equipment provided to law enforcement agencies. 

(c)  Requires the governing body of a county or municipality, in
conjunction with the law enforcement agency serving the county or
municipality, to receive funds or video and audio equipment form the state
for the purpose of installing video and audio equipment as described by
Article 2.135(a)(1)(A), to certify to the department that the law
enforcement agency needs funds or video and audio equipment for that
purpose. 

(d)  Requires the governing body of a county or municipality, in
conjunction with the law enforcement agency serving the county or
municipality, on receipt of funds or video and audio equipment from the
state for the purpose of installing video and audio equipment as described
by Article 2.135(a)(1)(A), to certify to the department that the law
enforcement agency has installed video and audio equipment as described by
Article 2.135(a)(1)(A) and is using the equipment as required by Article
2.135(a)(1). 

Art.  2.138.  RULES.  Authorizes the department to adopt rules to implement
Articles 2.131 2.137. 

SECTION 2.  Amends Chapter 3, Code of Criminal Procedure, by adding Article
3.05, as follows: 

 Art. 3.05.  RACIAL PROFILING.  Defines "racial profiling."

SECTION 3.  Amends Section 96.641, Education Code, by adding Subsection
(j), to require the Bill Blackwood Law Enforcement Management Institute of
Texas (institute), as part of the initial training and continuing education
for police chiefs required under this section, to establish a program on
racial profiling.  Sets forth practices that must be examined by the
program. 

SECTION 4.  Amends Section 1701.253, Occupations Code, by adding Subsection
(e), to require the commission, as part of the minimum curriculum
requirements, to establish a statewide comprehensive education and training
program on racial profiling for officers licensed under this chapter.
Requires an officer to complete a program established under this subsection
not later than the second anniversary of the date the officer is licensed
under this chapter or the date the officer applies for an intermediate
proficiency certificate, whichever date is earlier. 

SECTION 5.  Amends Section 1701.402, Occupations Code, by adding Subsection
(d), to require an officer, as a requirement for an intermediate
proficiency certificate, to complete an education and training program on
racial profiling established by the commission under Section 1701.253(e). 

SECTION 6.  Amends Section 543.202, Transportation Code, to define "race or
ethnicity."  Sets forth information required to be included in the report. 

SECTION 7.  Sets forth provisions, including a timeline, relating to the
adoption and implementation of a policy and the collection and submission
of information under this policy as required by Article 2.132, Code of
Criminal Procedure, as added by this Act.   
 
SECTION 8.  Sets forth provisions relating to the submission of information
as required by Article 2.134, Code of Criminal Procedure, as added by this
Act. 

SECTION 9.  Requires the education and training program on racial profiling
as required by Section 1701.253(e), Occupations Code, as added by this Act,
and the program on racial profiling as required by Section 96.641(j),
Education Code, as added by this Act, to be established by January 1, 2002. 

SECTION 10.  Sets forth provisions relating to the completion by certain
persons of an education and training program on racial profiling
established under Section 1701.253(e), Occupations Code, as added by this
Act. 

SECTION 11.  Requires an individual appointed or elected as a police chief
before the effective date of this Act to complete a program on racial
profiling established under Section 96.641(j), Education Code, as added by
this Act, not later than September 1, 2003. 

SECTION 12.  Effective date: September 1, 2001.