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.