By Wilson H.B. No. 1336 77R3034 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to reducing or eliminating racial profiling as a law 1-3 enforcement practice. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended 1-6 by adding Article 2.201 to read as follows: 1-7 Art. 2.201. TRAFFIC STOP REPORT REQUIRED. (a) A peace 1-8 officer who stops a motor vehicle for an alleged violation of a law 1-9 or ordinance regulating traffic shall report to the law enforcement 1-10 agency that employs the officer: 1-11 (1) the age and gender of the driver of the vehicle; 1-12 (2) the race or ethnicity of the driver of the 1-13 vehicle, as determined by the officer to the best of the officer's 1-14 ability; 1-15 (3) the law or ordinance alleged to have been 1-16 violated; 1-17 (4) whether the officer conducted a search as a result 1-18 of the stop, and if so, a description of the search, including a 1-19 statement indicating: 1-20 (A) whether the officer conducted a search of: 1-21 (i) the driver of the vehicle; or 1-22 (ii) the vehicle; 1-23 (B) the duration of the search; 1-24 (C) whether: 2-1 (i) the driver consented to the search; or 2-2 (ii) probable cause to search existed and 2-3 the facts supporting the existence of that probable cause; and 2-4 (D) whether the officer discovered any 2-5 contraband in the course of the search, including the type of 2-6 contraband; 2-7 (5) whether the officer issued a warning or a citation 2-8 as a result of the stop, including a description of the warning or 2-9 a statement of the violation charged; 2-10 (6) whether the officer made an arrest as a result of 2-11 the stop or the search, including a statement of the offense 2-12 charged; and 2-13 (7) the location of the stop. 2-14 (b) A law enforcement agency shall compile the information 2-15 contained in each report received by the agency under Subsection 2-16 (a) and, not later than March 1 of each year, submit the 2-17 information compiled during the previous calendar year to the 2-18 governing body of each county or municipality served by the agency. 2-19 (c) A governing body that receives information from a law 2-20 enforcement agency under Subsection (b) shall analyze the 2-21 information and, not later than September 1 of the year in which 2-22 the information is received, submit to the Commission on Human 2-23 Rights and each law enforcement agency from which the governing 2-24 body received information a report relating to the results of the 2-25 analysis. The report must include, for each law enforcement agency 2-26 that submitted information: 2-27 (1) the total number of vehicles stopped by each peace 3-1 officer employed by the agency; 3-2 (2) the number and percentage of vehicles stopped 3-3 according to the race or ethnicity of the driver of the vehicle; 3-4 and 3-5 (3) a comparative analysis of the percentage of 3-6 vehicles stopped according to the race or ethnicity of the driver 3-7 of the vehicle and the percentage of the state's population 3-8 according to race or ethnicity. 3-9 (d) A law enforcement agency shall review each report 3-10 submitted to the agency under Subsection (c) to determine whether 3-11 the number of vehicles stopped by any peace officer employed by the 3-12 agency is disproportionate to the population of the county or 3-13 municipality served by the agency according to race or ethnicity. 3-14 (e)(1) If a law enforcement agency determines that the 3-15 number of vehicles stopped by a peace officer is disproportionate 3-16 as described by Subsection (d), the agency shall conduct an 3-17 investigation of the officer. 3-18 (2) The purpose of the investigation is to determine 3-19 whether the officer routinely stops vehicles the drivers of which 3-20 are members of a racial or ethnic minority group for alleged 3-21 violations of laws or ordinances regulating traffic as a pretext 3-22 for investigating other violations of penal laws. 3-23 (f) If a law enforcement agency determines that a peace 3-24 officer routinely stops vehicles in a manner described by 3-25 Subsection (e)(2), the agency shall begin proceedings necessary to 3-26 terminate the officer and refer the matter to the attorney 3-27 representing the state for possible prosecution under Section 39.03 4-1 or 39.04, Penal Code. 4-2 SECTION 2. Chapter 38, Code of Criminal Procedure, is amended 4-3 by adding Article 38.24 to read as follows: 4-4 Art. 38.24. PRETEXT SEARCHES AND SEIZURES. A search or 4-5 seizure is a pretext search or seizure and is prohibited by this 4-6 chapter if: 4-7 (1) the search or seizure is made by an officer after 4-8 stopping a motor vehicle for an alleged violation of a law or 4-9 ordinance regulating traffic; 4-10 (2) the driver of the motor vehicle or an occupant of 4-11 the motor vehicle is a member of a racial or ethnic minority 4-12 group; and 4-13 (3) the officer stopped the vehicle only to 4-14 investigate the driver of the motor vehicle or any occupant of the 4-15 motor vehicle for the commission of an offense other than a 4-16 violation of a law or ordinance regulating traffic. 4-17 SECTION 3. A law enforcement agency shall first submit 4-18 information to the governing body of each county or municipality 4-19 served by the agency as required by Article 2.201(b), Code of 4-20 Criminal Procedure, as added by this Act, on March 1, 2002. The 4-21 first submission of information shall consist of information 4-22 compiled by the agency during the period beginning September 1, 4-23 2001, and ending December 31, 2001. 4-24 SECTION 4. Not later than January 1, 2002, each law 4-25 enforcement agency shall adopt a policy that prohibits peace 4-26 officers employed by the agency from routinely stopping vehicles in 4-27 a manner described by Article 2.201(e)(2), Code of Criminal 5-1 Procedure, as added by this Act. 5-2 SECTION 5. This Act takes effect September 1, 2001.