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


Senate Research CenterC.S.S.B. 1074
77R9784 JMC-FBy: West, Royce
Criminal Justice
3/18/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, there is growing concern regarding the practice of racial
profiling by law enforcement agencies.  C.S.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" 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)  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.
Provides that this subsection does not affect the collection of information
as required by a policy under Subsection (b)(6). 

Art. 2.133.  REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. Defines
"race or ethnicity."  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.  Provides that
this subsection does not affect the reporting of information required under
Article 2.133(b)(1). 

(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. 

(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. 

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.   

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by adding the definition of "race or
ethnicity" and redefining "law enforcement agency."  Adds provisions
stipulating that certain prohibitions pertaining to certain reports do not
affect the collection of certain information.  Adds provisions pertaining
to the recording by video and audio equipment of a traffic or pedestrian
stop. 

SECTION 2.  No change.

Redesignates previously proposed SECTIONS 3 - 9 as SECTIONS 4 - 10 and
inserts a new SECTION 3 as follows: 

SECTION 3.  Adds provisions regarding the establishment of a program on
racial profiling as part of the initial training and continuing education
for police chiefs.    

SECTION 4.  No change. 

SECTION 5.  No change.

SECTION 6.  Differs from the original by adding the definition of "race or
ethnicity."  Deletes previously proposed text pertaining to gender, height,
and weight of certain individuals being included in a report. 

SECTION 7.  No change.

SECTION 8.  No change.
 
SECTION 9.  Differs from the original by adding provisions pertaining to
the establishment, including a timeline, of the training and education
program on racial profiling for police chiefs, as required by Section
96.641(j), Education Code, as added by this Act.. 

SECTION 10.  No change.

Adds a new SECTION 11 regarding the completion of the program on racial
profiling, established under Section 96.641(j), Education Code, as added by
this Act, by certain police chiefs. 

Redesignates previously proposed SECTION 10, regarding the effective date
of this Act, as SECTION 12 with no change.