By Hinojosa                                           H.B. No. 1643
         77R4670 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of an offense prohibiting racial or ethnic
 1-3     profiling by peace officers.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 39, Penal Code, is amended by adding
 1-6     Section 39.031 to read as follows:
 1-7           Sec. 39.031.  RACIAL OR ETHNIC PROFILING PROHIBITED.  (a)  A
 1-8     peace officer commits an offense if the officer makes a
 1-9     discretionary decision relating to the detention, arrest, or search
1-10     of an individual based on the individual's race or ethnicity.
1-11           (b)  It is an exception to the application of this section
1-12     that, at the time of making the decision relating to the detention,
1-13     arrest, or search of the individual, the officer had information
1-14     that the individual had committed an offense.
1-15           (c)  An offense under this section is a Class A misdemeanor.
1-16           (d)  Except as provided by Article 38.23(b), Code of Criminal
1-17     Procedure, evidence obtained in violation of this section may not
1-18     be admitted in evidence in a criminal proceeding against the
1-19     individual who was detained, arrested, or searched.
1-20           SECTION 2.  This Act takes effect September 1, 2001.