HBA-AMW C.S.S.B. 1074 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1074
By: West, Royce
Criminal Jurisprudence
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is growing concern regarding the practice of racial
profiling by law enforcement agencies. C.S.S.B. 1074 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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.S.B. 1074 amends the Code of Criminal Procedure and Occupation and
Transportation codes relating to the prevention of racial profiling by
certain peace officers.  The bill amends the Code of Criminal Procedure to
define "racial profiling" to mean a law enforcement-initiated action based
on an individual's race, ethnicity, or national origin rather than on the
individual's behavior or on information identifying the individual as
having engaged in criminal activity (Art. 3.05). 

The bill requires each law enforcement agency to adopt and implement a
written policy on racial profiling not later than January 1, 2002.  The
bill sets forth policy specifications including the prohibition of racial
profiling; the required collection of information relating to traffic stops
in which a citation is issued or an arrest made and the person's race or
ethnicity and whether a search was conducted; and the required submission,
to the governing body of each county or municipality, of an annual report
of the information collected if the agency is an agency of a county,
municipality, or other political subdivision of the state. Such a report is
prohibited from containing information about a peace officer who makes a
traffic stop or an individual who is stopped or arrested (Art. 2.132, Code
of Criminal Procedure and SECTION 7).   

The bill specifies that the data collected in the report shall not
constitute prima facie evidence of racial profiling.  On adoption of the
policy, a law enforcement agency is required 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.  If a law enforcement agency installs
such equipment, the policy must include standards for reviewing video and
audio documentation (Art. 2.132, Code of Criminal Procedure).   

The bill requires a peace officer who stops a motor vehicle for an alleged
violation of a traffic law or ordinance or who stops a pedestrian for any
suspected offense to report to the law enforcement agency that employs the
officer certain information relating to the stop including a physical
description of each detained person (Art. 2.133, Code of Criminal
Procedure).  A law enforcement agency is required to compile and analyze
the information contained in each report and, not later than March 1 of
each year beginning in 2004, each local law enforcement agency is required
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.  The bill sets forth specifications for the report.  The
report is prohibited from containing information about a peace officer who
makes a traffic stop or an individual who is stopped or arrested.  The
Commission on Law Enforcement Officer Standards and Education is required
to develop guidelines for compiling and reporting the required information
(Art. 2.134, Code of Criminal Procedure and SECTION 8).    

The bill exempts a peace officer from reporting information concerning
traffic and pedestrian stops and exempts a law enforcement agency from the
compilation, analysis, and reporting requirements if, during the calendar
year preceding the date that a report is required to be submitted, each law
enforcement motor vehicle regularly used to make traffic and pedestrian
stops is equipped with video camera and transmitteractivated equipment,
each law enforcement motorcycle regularly used to make traffic and
pedestrian stops is equipped with transmitter-activated equipment, and each
stop that is capable of being recorded is recorded.  Unless a complaint is
filed with a law enforcement agency alleging that a peace officer has
engaged in racial profiling, an exempt law enforcement agency is required
to retain the video and audio or audio documentation of each traffic or
pedestrian stop for at least 90 days after the stop.  If such a complaint
is made, the agency is required to retain the video and audio or audio
record of the stop until the final disposition of the complaint (Art.
2.135, Code of Criminal Procedure).  The bill provides that a peace officer
is not liable for damages arising from an act relating to the collection or
reporting of information under reports required for traffic and pedestrian
stops (Art. 2.136, Code of Criminal Procedure). 

C.S.S.B. 1074 amends the Education Code to require, as part of the initial
training and continuing education for police chiefs and not later than
January 1, 2002, the Bill Blackwood Law Enforcement Management Institute of
Texas to establish a program on racial profiling.  The program must include
an examination of the best practices for monitoring peace officers'
compliance with laws and internal agency policies relating to racial
profiling, implementing laws and internal agency policies relating to
preventing racial profiling, and analyzing and reporting collected
information (Sec. 96.641 and SECTION 9).  An individual appointed or
elected as a police chief is required to complete the racial profiling
program by September 1, 2003 (SECTION 11). 

The bill amends the Occupations Code to require the Commission on Law
Enforcement Officer Standards and Education (commission), as part of the
minimum curriculum requirements, to establish, not later than January 1,
2002, a statewide comprehensive education and training program on racial
profiling (program) for licensed law enforcement officers.  An officer is
required to complete such a program not later than the second anniversary
of the date the officer becomes a licensed law enforcement officer or the
date the officer applies for an intermediate proficiency certificate,
whichever date is earlier.  The bill requires a person who on September 1,
2001, holds an intermediary proficiency certificate issued by the
commission or has held a peace officer license issued by the commission for
at least two years to complete the program not later than September 1, 2003
(Secs. 1701.253, 1701.402, SECTIONS 9 and 10).  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1074 removes provisions in the original bill regarding the
availability of funding or equipment for collecting information on traffic
and pedestrian stops.  The substitute modifies the original bill by
limiting to an agency of a county, municipality, or other political
subdivision of the state the requirement that law enforcement agencies
submit to the governing body of each county or municipality served by the
agency an annual report of the information collected relating to certain
traffic stops (Art. 2.132, Code of Criminal Procedure).  The substitute
modifies the original bill by specifying that each local law enforcement
agency, rather than a law enforcement agency, is required to submit a
report containing the information collected from traffic and pedestrian
stops compiled during the previous year to the governing body of each
county or municipality served by the agency (Art. 2.134, Code of Criminal
Procedure).