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.