By Thompson                                           H.B. No. 2458
         77R8381 JMC-F                           
                                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. (a)
1-10     In this article, "law enforcement agency" means an agency of the
1-11     state, or a county, municipality, or political subdivision of the
1-12     state that employs peace officers who make traffic stops in the
1-13     routine performance of the officers' official duties.
1-14           (b)  Each law enforcement agency in this state shall adopt a
1-15     detailed written policy on racial profiling.  The policy must:
1-16                 (1)  clearly define acts constituting racial profiling;
1-17                 (2)  strictly prohibit peace officers employed by the
1-18     agency from engaging in racial profiling;
1-19                 (3)  implement a process by which an individual may
1-20     file a complaint with the agency if the individual believes that a
1-21     peace officer employed by the agency has engaged in racial
1-22     profiling with respect to the individual;
1-23                 (4)  provide public education relating to the agency's
1-24     complaint process;
 2-1                 (5)  require appropriate corrective action to be taken
 2-2     against a peace officer employed by the agency who, after an
 2-3     investigation, is shown to have engaged in racial profiling in
 2-4     violation of the agency's policy adopted under this article;
 2-5                 (6)  require collection of information relating to
 2-6     traffic stops in which a citation is issued and to arrests
 2-7     resulting from those traffic stops, including information relating
 2-8     to:
 2-9                       (A)  the ethnicity of the individual detained;
2-10     and
2-11                       (B)  whether a search was conducted and if so,
2-12     whether the person detained consented to the search;
2-13                 (7)  require quarterly evaluation and analysis of
2-14     information collected by the agency as required by Subdivision (6);
2-15     and
2-16                 (8)  require the agency to submit to the governing body
2-17     of each county or municipality served by the agency an annual
2-18     report of the information analyzed under Subdivision (7).
2-19           (c)  On adoption of a policy under Subsection (b), a law
2-20     enforcement agency shall examine the feasibility of installing
2-21     video camera and voice activated microphone equipment in each
2-22     agency law enforcement motor vehicle regularly used to make traffic
2-23     stops and voice activated microphone equipment in each agency law
2-24     enforcement motorcycle regularly used to make traffic stops.  If a
2-25     law enforcement agency installs video or audio equipment as
2-26     provided by this subsection, the policy adopted by the agency under
2-27     Subsection (b) must include standards for reviewing video and audio
 3-1     documentation.
 3-2           (d)  A report required under Subsection (b)(8) may not
 3-3     include identifying information about a peace officer who makes a
 3-4     traffic stop or about an individual who is stopped or arrested by a
 3-5     peace officer.
 3-6           Art. 2.133.  REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN
 3-7     STOPS.  A peace officer who stops a motor vehicle for an alleged
 3-8     violation of a law or ordinance regulating traffic or who stops a
 3-9     pedestrian for any suspected offense shall report to the law
3-10     enforcement agency that employs the officer:
3-11                 (1)  a physical description of each person detained as
3-12     a result of the stop, including:
3-13                       (A)  the person's gender; and
3-14                       (B)  the person's ethnicity, as stated by the
3-15     person or, if the person does not state the person's ethnicity, as
3-16     determined by the officer to the best of the officer's ability;
3-17                 (2)  the traffic law or ordinance alleged to have been
3-18     violated or the suspected offense;
3-19                 (3)  whether the officer conducted a search as a result
3-20     of the stop, and if so, whether the person detained consented to
3-21     the search;
3-22                 (4)  whether any contraband was discovered in the
3-23     course of the search and the type of contraband discovered;
3-24                 (5)  whether probable cause to search existed and the
3-25     facts supporting the existence of that probable cause;
3-26                 (6)  whether the officer made an arrest as a result of
3-27     the stop or the search, including a statement of the offense
 4-1     charged;
 4-2                 (7)  the street address or approximate location of the
 4-3     stop; and
 4-4                 (8)  whether the officer issued a warning or a citation
 4-5     as a result of the stop, including a description of the warning or
 4-6     a statement of the violation charged.
 4-7           Art. 2.134.  COMPILATION AND ANALYSIS OF INFORMATION
 4-8     COLLECTED. (a)  A law enforcement agency shall compile and analyze
 4-9     the information contained in each report received by the agency
4-10     under Article 2.133 and, not later than March 1 of each year,
4-11     submit a report containing the information compiled during the
4-12     previous calendar year to the governing body of each county or
4-13     municipality served by the agency in a manner approved by the
4-14     agency.
4-15           (b)  A report required under Subsection (a) must include:
4-16                 (1)  a comparative analysis of the information compiled
4-17     under Article 2.133 to:
4-18                       (A)  determine the prevalence of racial profiling
4-19     by peace officers employed by the agency; and
4-20                       (B)  examine the disposition of traffic and
4-21     pedestrian stops made by officers employed by the agency, including
4-22     searches resulting from the stops; and
4-23                 (2)  information relating to each complaint filed with
4-24     the agency alleging that a peace officer employed by the agency has
4-25     engaged in racial profiling.
4-26           (c)  A report required under Subsection (a)  may not include
4-27     identifying information about a peace officer who makes a traffic
 5-1     or pedestrian stop or about an individual who is stopped or
 5-2     arrested by a peace officer.
 5-3           (d)  The Commission on Law Enforcement Officer Standards and
 5-4     Education shall develop guidelines for compiling and reporting
 5-5     information as required by this article.
 5-6           Art. 2.135.  EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO
 5-7     EQUIPMENT.  (a)  A peace officer is exempt from the reporting
 5-8     requirement under Article 2.133 and a law enforcement agency is
 5-9     exempt from the compilation, analysis, and reporting requirements
5-10     under Article 2.134 if, during the calendar year preceding the date
5-11     that a report under Article 2.134 is required to be submitted:
5-12                 (1)  each law enforcement motor vehicle regularly used
5-13     by an officer employed by the agency to make traffic and pedestrian
5-14     stops is equipped with video camera and voice activated microphone
5-15     equipment and each law enforcement motorcycle regularly used to
5-16     make traffic and pedestrian stops is equipped with voice activated
5-17     microphone equipment; and
5-18                 (2)  each traffic and pedestrian stop made by an
5-19     officer employed by the agency is recorded by using the video and
5-20     audio or audio equipment, as appropriate.
5-21           (b)  Except as otherwise provided by this subsection, a law
5-22     enforcement agency that is exempt from the requirements under
5-23     Article 2.134 shall retain the video and audio or audio
5-24     documentation of each traffic and pedestrian stop for at least 90
5-25     days after the date of the stop.  If a complaint is filed with the
5-26     law enforcement agency alleging that a peace officer employed by
5-27     the agency has engaged in racial profiling with respect to a
 6-1     traffic or pedestrian stop, the agency shall retain the video and
 6-2     audio or audio record of the stop until final disposition of the
 6-3     complaint.
 6-4           Art. 2.136.  LIABILITY. A peace officer is not liable for
 6-5     damages arising from an act relating to the collection or reporting
 6-6     of information as required by Article 2.133 or under a policy
 6-7     adopted under Article 2.132.
 6-8           SECTION 2. Chapter 3, Code of Criminal Procedure, is amended
 6-9     by adding Article 3.05 to read as follows:
6-10           Art. 3.05.  RACIAL PROFILING. In this code, "racial
6-11     profiling" means a law enforcement-initiated action based on an
6-12     individual's race, ethnicity, or national origin rather than on the
6-13     individual's behavior or on information identifying the individual
6-14     as having engaged in criminal activity.
6-15           SECTION 3.  Section 1701.253, Occupations Code, is amended by
6-16     adding Subsection (e) to read as follows:
6-17           (e)  As part of the minimum curriculum requirements, the
6-18     commission shall establish a statewide comprehensive education and
6-19     training program on racial profiling for officers licensed under
6-20     this chapter.  An officer shall complete a program established
6-21     under this subsection not later than the second anniversary of the
6-22     date the officer is licensed under this chapter or the date the
6-23     officer applies for an intermediate proficiency certificate,
6-24     whichever date is earlier.
6-25           SECTION 4.  Section 1701.402, Occupations Code, is amended by
6-26     adding Subsection (d) to read as follows:
6-27           (d)  As a requirement for an intermediate proficiency
 7-1     certificate, an officer must complete an education and training
 7-2     program on racial profiling established by the commission under
 7-3     Section 1701.253(e).
 7-4           SECTION 5. Section 543.202, Transportation Code, is amended
 7-5     to read as follows:
 7-6           Sec. 543.202.  FORM OF RECORD.  The record must be made on a
 7-7     form or by a data processing method acceptable to the department
 7-8     and must include:
 7-9                 (1)  the name, address, physical description, including
7-10     ethnicity, gender, height, and weight, date of birth, and driver's
7-11     license number of the person charged;
7-12                 (2)  the registration number of the vehicle involved;
7-13                 (3)  whether the vehicle was a commercial motor vehicle
7-14     as defined by Chapter 522 or was involved in transporting hazardous
7-15     materials;
7-16                 (4)  the person's social security number, if the person
7-17     was operating a commercial motor vehicle or was the holder of a
7-18     commercial driver's license or commercial driver learner's permit;
7-19                 (5)  the date and nature of the offense, including
7-20     whether the offense was a serious traffic violation as defined by
7-21     Chapter 522;
7-22                 (6)  whether a search of the vehicle was conducted and
7-23     whether consent for the search was obtained;
7-24                 (7)  the plea, the judgment, and whether bail was
7-25     forfeited;
7-26                 (8) [(7)]  the date of conviction; and
7-27                 (9) [(8)]  the amount of the fine or forfeiture.
 8-1           SECTION 6.  Not later than January 1, 2002, a law enforcement
 8-2     agency shall adopt and implement a policy and begin collecting
 8-3     information under the policy as required by Article 2.132, Code of
 8-4     Criminal Procedure, as added by this Act.  A law enforcement agency
 8-5     shall first submit information to the governing body of each county
 8-6     or municipality served by the agency as required by Article 2.132,
 8-7     Code of Criminal Procedure, as added by this Act, on March 1, 2003.
 8-8     The first submission of information shall consist of information
 8-9     compiled by the agency during the period beginning January 1, 2002,
8-10     and ending December 31, 2002.
8-11           SECTION 7.  A law enforcement agency shall first submit
8-12     information to the governing body of each county or municipality
8-13     served by the agency as required by Article 2.134, Code of Criminal
8-14     Procedure, as added by this Act, on March 1, 2004.  The first
8-15     submission of information shall consist of information compiled by
8-16     the agency during the period beginning January 1, 2003, and ending
8-17     December 31, 2003.
8-18           SECTION 8.  The Commission on Law Enforcement Officer
8-19     Standards and Education shall establish an education and training
8-20     program on racial profiling as required by Section 1701.253(e),
8-21     Occupations Code, as added by this Act, not later than January 1,
8-22     2002.
8-23           SECTION 9.  A person who on the effective date of this Act
8-24     holds an intermediate proficiency certificate issued by the
8-25     Commission on Law Enforcement Officer Standards and Education or
8-26     has held a peace officer license issued by the Commission on Law
8-27     Enforcement Officer Standards and Education for at least two years
 9-1     shall complete an education and training program on racial
 9-2     profiling established under Section 1701.253(e), Occupations Code,
 9-3     as added by this Act, not later than September 1, 2003.
 9-4           SECTION 10.  This Act takes effect September 1, 2001.