77R10935 JMC-F                           
         By Thompson, Hinojosa, Keel, King of Parker,          H.B. No. 2458
            Naishtat, et al.
         Substitute the following for H.B. No. 2458:
         By Hinojosa                                       C.S.H.B. No. 2458
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prevention of racial profiling by certain peace
 1-3     officers.
 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 Articles 2.131-2.136 to read as follows:
 1-7           Art. 2.131.  RACIAL PROFILING PROHIBITED.  A peace officer
 1-8     may not engage in racial profiling.
 1-9           Art. 2.132.  LAW ENFORCEMENT POLICY ON RACIAL PROFILING.
1-10     (a)  In this article:
1-11                 (1)  "Law enforcement agency" means an agency of the
1-12     state, or of a county, municipality, or other political subdivision
1-13     of the state, that employs peace officers who make traffic stops in
1-14     the routine performance of the officers' official duties.
1-15                 (2)  "Race or ethnicity" means of a particular descent,
1-16     including Caucasian, African, Hispanic, Asian, or Native American
1-17     descent.
1-18           (b)  Each law enforcement agency in this state shall adopt a
1-19     detailed written policy on racial profiling.  The policy must:
1-20                 (1)  clearly define acts constituting racial profiling;
1-21                 (2)  strictly prohibit peace officers employed by the
1-22     agency from engaging in racial profiling;
1-23                 (3)  implement a process by which an individual may
1-24     file a complaint with the agency if the individual believes that a
 2-1     peace officer employed by the agency has engaged in racial
 2-2     profiling with respect to the individual;
 2-3                 (4)  provide public education relating to the agency's
 2-4     complaint process;
 2-5                 (5)  require appropriate corrective action to be taken
 2-6     against a peace officer employed by the agency who, after an
 2-7     investigation, is shown to have engaged in racial profiling in
 2-8     violation of the agency's policy adopted under this article;
 2-9                 (6)  require collection of information relating to
2-10     traffic stops in which a citation is issued and to arrests
2-11     resulting from those traffic stops, including information relating
2-12     to:
2-13                       (A)  the race or ethnicity of the individual
2-14     detained; and
2-15                       (B)  whether a search was conducted and, if so,
2-16     whether the person detained consented to the search;
2-17                 (7)  require quarterly evaluation and analysis of
2-18     information collected by the agency as required by Subdivision (6);
2-19     and
2-20                 (8)  require the agency to submit to the governing body
2-21     of each county or municipality served by the agency an annual
2-22     report of the information analyzed under Subdivision (7).
2-23           (c)  On adoption of a policy under Subsection (b), a law
2-24     enforcement agency shall examine the feasibility of installing
2-25     video camera and voice-activated microphone equipment in each
2-26     agency law enforcement motor vehicle regularly used to make traffic
2-27     stops and voice-activated microphone equipment in each agency law
 3-1     enforcement motorcycle regularly used to make traffic stops.  If a
 3-2     law enforcement agency installs video or audio equipment as
 3-3     provided by this subsection, the policy adopted by the agency under
 3-4     Subsection (b) must include standards for reviewing video and audio
 3-5     documentation.
 3-6           (d)  A report required under Subsection (b)(8) may not
 3-7     include identifying information about a peace officer who makes a
 3-8     traffic stop or about an individual who is stopped or arrested by a
 3-9     peace officer.  This subsection does not affect the collection of
3-10     information as required by a policy under Subsection (b)(6).
3-11           Art. 2.133.  REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN
3-12     STOPS.  (a)  In this article, "race or ethnicity" has the meaning
3-13     assigned by Article 2.132(a).
3-14           (b)  A peace officer who stops a motor vehicle for an alleged
3-15     violation of a law or ordinance regulating traffic or who stops a
3-16     pedestrian for any suspected offense shall report to the law
3-17     enforcement agency that employs the officer information relating to
3-18     the stop, including:
3-19                 (1)  a physical description of each person detained as
3-20     a result of the stop, including:
3-21                       (A)  the person's gender; and
3-22                       (B)  the person's race or ethnicity, as stated by
3-23     the person or, if the person does not state the person's race or
3-24     ethnicity, as determined by the officer to the best of the
3-25     officer's ability;
3-26                 (2)  the traffic law or ordinance alleged to have been
3-27     violated or the suspected offense;
 4-1                 (3)  whether the officer conducted a search as a result
 4-2     of the stop and, if so, whether the person detained consented to
 4-3     the search;
 4-4                 (4)  whether any contraband was discovered in the
 4-5     course of the search and the type of contraband discovered;
 4-6                 (5)  whether probable cause to search existed and the
 4-7     facts supporting the existence of that probable cause;
 4-8                 (6)  whether the officer made an arrest as a result of
 4-9     the stop or the search, including a statement of the offense
4-10     charged;
4-11                 (7)  the street address or approximate location of the
4-12     stop; and
4-13                 (8)  whether the officer issued a warning or a citation
4-14     as a result of the stop, including a description of the warning or
4-15     a statement of the violation charged.
4-16           Art. 2.134.  COMPILATION AND ANALYSIS OF INFORMATION
4-17     COLLECTED.  (a)  A law enforcement agency shall compile and analyze
4-18     the information contained in each report received by the agency
4-19     under Article 2.133 and, not later than March 1 of each year,
4-20     submit a report containing the information compiled during the
4-21     previous calendar year to the governing body of each county or
4-22     municipality served by the agency in a manner approved by the
4-23     agency.
4-24           (b)  A report required under Subsection (a) must include:
4-25                 (1)  a comparative analysis of the information compiled
4-26     under Article 2.133 to:
4-27                       (A)  determine the prevalence of racial profiling
 5-1     by peace officers employed by the agency; and
 5-2                       (B)  examine the disposition of traffic and
 5-3     pedestrian stops made by officers employed by the agency, including
 5-4     searches resulting from the stops; and
 5-5                 (2)  information relating to each complaint filed with
 5-6     the agency alleging that a peace officer employed by the agency has
 5-7     engaged in racial profiling.
 5-8           (c)  A report required under Subsection (a)  may not include
 5-9     identifying information about a peace officer who makes a traffic
5-10     or pedestrian stop or about an individual who is stopped or
5-11     arrested by a peace officer.  This subsection does not affect the
5-12     reporting of information required under Article 2.133(b)(1).
5-13           (d)  The Commission on Law Enforcement Officer Standards and
5-14     Education shall develop guidelines for compiling and reporting
5-15     information as required by this article.
5-16           Art. 2.135.  EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO
5-17     EQUIPMENT.  (a)  A peace officer is exempt from the reporting
5-18     requirement under Article 2.133 and a law enforcement agency is
5-19     exempt from the compilation, analysis, and reporting requirements
5-20     under Article 2.134 if, during the calendar year preceding the date
5-21     that a report under Article 2.134 is required to be submitted:
5-22                 (1)  each law enforcement motor vehicle regularly used
5-23     by an officer employed by the agency to make traffic and pedestrian
5-24     stops is equipped with video camera and voice-activated microphone
5-25     equipment and each law enforcement motorcycle regularly used to
5-26     make traffic and pedestrian stops is equipped with voice-activated
5-27     microphone equipment; and
 6-1                 (2)  each traffic and pedestrian stop made by an
 6-2     officer employed by the agency that is capable of being recorded by
 6-3     video and audio or audio equipment, as appropriate, is recorded by
 6-4     using the equipment.
 6-5           (b)  Except as otherwise provided by this subsection, a law
 6-6     enforcement agency that is exempt from the requirements under
 6-7     Article 2.134 shall retain the video and audio or audio
 6-8     documentation of each traffic and pedestrian stop for at least 90
 6-9     days after the date of the stop.  If a complaint is filed with the
6-10     law enforcement agency alleging that a peace officer employed by
6-11     the agency has engaged in racial profiling with respect to a
6-12     traffic or pedestrian stop, the agency shall retain the video and
6-13     audio or audio record of the stop until final disposition of the
6-14     complaint.
6-15           (c)  This article does not affect the collection, analysis,
6-16     or reporting requirements under Article 2.132.
6-17           Art. 2.136.  LIABILITY.  A peace officer is not liable for
6-18     damages arising from an act relating to the collection or reporting
6-19     of information as required by Article 2.133 or under a policy
6-20     adopted under Article 2.132.
6-21           SECTION 2.  Chapter 3, Code of Criminal Procedure, is amended
6-22     by adding Article 3.05 to read as follows:
6-23           Art. 3.05.  RACIAL PROFILING.  In this code, "racial
6-24     profiling" means a law enforcement-initiated action based on an
6-25     individual's race, ethnicity, or national origin rather than on the
6-26     individual's behavior or on information identifying the individual
6-27     as having engaged in criminal activity.
 7-1           SECTION 3.  Section 96.641, Education Code, is amended by
 7-2     adding Subsection (j) to read as follows:
 7-3           (j)  As part of the initial training and continuing education
 7-4     for police chiefs required under this section, the institute shall
 7-5     establish a program on racial profiling.  The program must include
 7-6     an examination of the best practices for:
 7-7                 (1)  monitoring peace officers' compliance with laws
 7-8     and internal agency policies relating to racial profiling;
 7-9                 (2)  implementing laws and internal agency policies
7-10     relating to preventing racial profiling; and
7-11                 (3)  analyzing and reporting collected information.
7-12           SECTION 4.  Section 1701.253, Occupations Code, is amended by
7-13     adding Subsection (e) to read as follows:
7-14           (e)  As part of the minimum curriculum requirements, the
7-15     commission shall establish a statewide comprehensive education and
7-16     training program on racial profiling for officers licensed under
7-17     this chapter.  An officer shall complete a program established
7-18     under this subsection not later than the second anniversary of the
7-19     date the officer is licensed under this chapter or the date the
7-20     officer applies for an intermediate proficiency certificate,
7-21     whichever date is earlier.
7-22           SECTION 5.  Section 1701.402, Occupations Code, is amended by
7-23     adding Subsection (d) to read as follows:
7-24           (d)  As a requirement for an intermediate proficiency
7-25     certificate, an officer must complete an education and training
7-26     program on racial profiling established by the commission under
7-27     Section 1701.253(e).
 8-1           SECTION 6.  Section 543.202, Transportation Code, is amended
 8-2     to read as follows:
 8-3           Sec. 543.202.  FORM OF RECORD.  (a)  In this section, "race
 8-4     or ethnicity" means of a particular descent, including Caucasian,
 8-5     African, Hispanic, Asian, or Native American descent.
 8-6           (b)  The record must be made on a form or by a data
 8-7     processing method acceptable to the department and must include:
 8-8                 (1)  the name, address, physical description, including
 8-9     race or ethnicity, date of birth, and driver's license number of
8-10     the person charged;
8-11                 (2)  the registration number of the vehicle involved;
8-12                 (3)  whether the vehicle was a commercial motor vehicle
8-13     as defined by Chapter 522 or was involved in transporting hazardous
8-14     materials;
8-15                 (4)  the person's social security number, if the person
8-16     was operating a commercial motor vehicle or was the holder of a
8-17     commercial driver's license or commercial driver learner's permit;
8-18                 (5)  the date and nature of the offense, including
8-19     whether the offense was a serious traffic violation as defined by
8-20     Chapter 522;
8-21                 (6)  whether a search of the vehicle was conducted and
8-22     whether consent for the search was obtained;
8-23                 (7)  the plea, the judgment, and whether bail was
8-24     forfeited;
8-25                 (8) [(7)]  the date of conviction; and
8-26                 (9) [(8)]  the amount of the fine or forfeiture.
8-27           SECTION 7.  Not later than January 1, 2002, a law enforcement
 9-1     agency shall adopt and implement a policy and begin collecting
 9-2     information under the policy as required by Article 2.132, Code of
 9-3     Criminal Procedure, as added by this Act.  A law enforcement agency
 9-4     shall first submit information to the governing body of each county
 9-5     or municipality served by the agency as required by Article 2.132,
 9-6     Code of Criminal Procedure, as added by this Act, on March 1, 2003.
 9-7     The first submission of information shall consist of information
 9-8     compiled by the agency during the period beginning January 1, 2002,
 9-9     and ending December 31, 2002.
9-10           SECTION 8.  A law enforcement agency shall first submit
9-11     information to the governing body of each county or municipality
9-12     served by the agency as required by Article 2.134, Code of Criminal
9-13     Procedure, as added by this Act, on March 1, 2004.  The first
9-14     submission of information shall consist of information compiled by
9-15     the agency during the period beginning January 1, 2003, and ending
9-16     December 31, 2003.
9-17           SECTION 9.  Not later than January 1, 2002:
9-18                 (1)  the Commission on Law Enforcement Officer
9-19     Standards and Education shall establish an education and training
9-20     program on racial profiling as required by Section 1701.253(e),
9-21     Occupations Code, as added by this Act; and
9-22                 (2)  the Bill Blackwood Law Enforcement Management
9-23     Institute of Texas shall establish a program on racial profiling as
9-24     required by Section 96.641(j), Education Code, as added by this
9-25     Act.
9-26           SECTION 10.  A person who on the effective date of this Act
9-27     holds an intermediate proficiency certificate issued by the
 10-1    Commission on Law Enforcement Officer Standards and Education or
 10-2    has held a peace officer license issued by the Commission on Law
 10-3    Enforcement Officer Standards and Education for at least two years
 10-4    shall complete an education and training program on racial
 10-5    profiling established under Section 1701.253(e), Occupations Code,
 10-6    as added by this Act, not later than September 1, 2003.
 10-7          SECTION 11.  An individual appointed or elected as a police
 10-8    chief before the effective date of this Act shall complete a
 10-9    program on racial profiling established under Section 96.641(j),
10-10    Education Code, as added by this Act, not later than September 1,
10-11    2003.
10-12          SECTION 12.  This Act takes effect September 1, 2001.