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


Senate Research Center   S.B. 1074
77R8381 JMC-FBy: West, Royce
Criminal Justice
3/11/2001
As Filed


DIGEST AND PURPOSE 

Currently, there is growing concern regarding the practice of racial
profiling by law enforcement agencies.  As proposed, 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

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 2, Code of Criminal Procedure, by adding
Articles 2.131 - 2.136, 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." 

(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)  Requires a law enforcement agency, on adoption of a policy under
Subsection (b), to examine the feasibility of installing video camera and
voice activated microphone equipment in each agency law enforcement motor
vehicle regularly used to make traffic stops and voice activated microphone
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. 

(d)  Prohibits a report required under Subsection (b)(8) 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. 

Art. 2.133.  REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. 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)
Requires a law enforcement agency to compile and analyze the information
contained in each report received by the agency under Article 2.133 and,
not later than March 1 of each year, 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. 

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

(c)  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. 

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

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 if,
during the calendar year preceding the date that a report under Article
2.134 is required to be submitted, certain specific criteria are met. 

(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. 

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. 

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 1701.253, Occupation 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 4.  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 5.  Amends Section 543.202, Transportation Code, to set forth
information required to be included in the report. 

SECTION 6.  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 7.  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 8.  Requires the education and training program on racial profiling
as required by Section 1701.253(e), Occupations Code, as added by this Act,
to be established by January 1, 2002. 

SECTION 9.  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 10.  Effective date: September 1, 2001.