By: West, et al. S.B. No. 1074
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 through 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
1-25 peace officer employed by the agency has engaged in racial
2-1 profiling with respect to the individual;
2-2 (4) provide public education relating to the agency's
2-3 complaint process;
2-4 (5) require appropriate corrective action to be taken
2-5 against a peace officer employed by the agency who, after an
2-6 investigation, is shown to have engaged in racial profiling in
2-7 violation of the agency's policy adopted under this article;
2-8 (6) require collection of information relating to
2-9 traffic stops in which a citation is issued and to arrests
2-10 resulting from those traffic stops, including information relating
2-11 to:
2-12 (A) the race or ethnicity of the individual
2-13 detained; and
2-14 (B) whether a search was conducted and, if so,
2-15 whether the person detained consented to the search; and
2-16 (7) 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 collected under Subdivision (6).
2-19 (c) The data collected as a result of the reporting
2-20 requirements of this article shall not constitute prima facie
2-21 evidence of racial profiling.
2-22 (d) On adoption of a policy under Subsection (b), a law
2-23 enforcement agency shall examine the feasibility of installing
2-24 video camera and transmitter-activated equipment in each agency law
2-25 enforcement motor vehicle regularly used to make traffic stops and
2-26 transmitter-activated equipment in each agency law enforcement
3-1 motorcycle regularly used to make traffic stops. If a law
3-2 enforcement agency installs video or audio equipment as provided by
3-3 this subsection, the policy adopted by the agency under Subsection
3-4 (b) must include standards for reviewing video and audio
3-5 documentation.
3-6 (e) A report required under Subsection (b)(7) 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
4-1 violated or the suspected offense;
4-2 (3) whether the officer conducted a search as a result
4-3 of the stop and, if so, whether the person detained consented to
4-4 the search;
4-5 (4) whether any contraband was discovered in the
4-6 course of the search and the type of contraband discovered;
4-7 (5) whether probable cause to search existed and the
4-8 facts supporting the existence of that probable cause;
4-9 (6) whether the officer made an arrest as a result of
4-10 the stop or the search, including a statement of the offense
4-11 charged;
4-12 (7) the street address or approximate location of the
4-13 stop; and
4-14 (8) whether the officer issued a warning or a citation
4-15 as a result of the stop, including a description of the warning or
4-16 a statement of the violation charged.
4-17 Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
4-18 COLLECTED. (a) A law enforcement agency shall compile and analyze
4-19 the information contained in each report received by the agency
4-20 under Article 2.133 and, not later than March 1 of each year,
4-21 submit a report containing the information compiled during the
4-22 previous calendar year to the governing body of each county or
4-23 municipality served by the agency in a manner approved by the
4-24 agency.
4-25 (b) A report required under Subsection (a) must include:
4-26 (1) a comparative analysis of the information compiled
5-1 under Article 2.133 to:
5-2 (A) determine the prevalence of racial profiling
5-3 by peace officers employed by the agency; and
5-4 (B) examine the disposition of traffic and
5-5 pedestrian stops made by officers employed by the agency, including
5-6 searches resulting from the stops; and
5-7 (2) information relating to each complaint filed with
5-8 the agency alleging that a peace officer employed by the agency has
5-9 engaged in racial profiling.
5-10 (c) A report required under Subsection (a) may not include
5-11 identifying information about a peace officer who makes a traffic
5-12 or pedestrian stop or about an individual who is stopped or
5-13 arrested by a peace officer. This subsection does not affect the
5-14 reporting of information required under Article 2.133(b)(1).
5-15 (d) The Commission on Law Enforcement Officer Standards and
5-16 Education shall develop guidelines for compiling and reporting
5-17 information as required by this article.
5-18 (e) The data collected as a result of the reporting
5-19 requirements of this article shall not constitute prima facie
5-20 evidence of racial profiling.
5-21 Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO
5-22 EQUIPMENT. (a) A peace officer is exempt from the reporting
5-23 requirement under Article 2.133 and a law enforcement agency is
5-24 exempt from the compilation, analysis, and reporting requirements
5-25 under Article 2.134 if, during the calendar year preceding the date
5-26 that a report under Article 2.134 is required to be submitted:
6-1 (1) each law enforcement motor vehicle regularly used
6-2 by an officer employed by the agency to make traffic and pedestrian
6-3 stops is equipped with video camera and transmitter-activated
6-4 equipment and each law enforcement motorcycle regularly used to
6-5 make traffic and pedestrian stops is equipped with
6-6 transmitter-activated equipment; and
6-7 (2) each traffic and pedestrian stop made by an
6-8 officer employed by the agency that is capable of being recorded by
6-9 video and audio or audio equipment, as appropriate, is recorded by
6-10 using the equipment.
6-11 (b) Except as otherwise provided by this subsection, a law
6-12 enforcement agency that is exempt from the requirements under
6-13 Article 2.134 shall retain the video and audio or audio
6-14 documentation of each traffic and pedestrian stop for at least 90
6-15 days after the date of the stop. If a complaint is filed with the
6-16 law enforcement agency alleging that a peace officer employed by
6-17 the agency has engaged in racial profiling with respect to a
6-18 traffic or pedestrian stop, the agency shall retain the video and
6-19 audio or audio record of the stop until final disposition of the
6-20 complaint.
6-21 (c) This article does not affect the collection or reporting
6-22 requirements under Article 2.132.
6-23 Art. 2.1351. AVAILABILITY OF FUNDING OR EQUIPMENT.
6-24 (a) Notwithstanding Articles 2.133 and 2.134, the provisions of
6-25 those articles requiring respectively that peace officers report
6-26 certain information and that law enforcement agencies compile,
7-1 analyze, and submit reports on the basis of the reports submitted
7-2 by peace officers are mandatory only during a state fiscal year in
7-3 which:
7-4 (1) the agency, for the purpose of equipping each
7-5 agency law enforcement motor vehicle and motorcycle with video and
7-6 audio equipment as described by Article 2.135(a)(1), receives from
7-7 the state:
7-8 (A) funds under an appropriation or under a
7-9 grant or contract from a state agency; or
7-10 (B) video and audio equipment; and
7-11 (2) the comptroller certifies to the secretary of
7-12 state for publication in the Texas Register that the funds or the
7-13 equipment, as appropriate, are sufficient for the agency to
7-14 accomplish that purpose.
7-15 (b) Subsection (a) does not prohibit the governing body of a
7-16 political subdivision served by a law enforcement agency from
7-17 requiring or permitting the agency and officers employed by the
7-18 agency to perform the duties enumerated in Articles 2.133 and
7-19 2.134.
7-20 Art. 2.136. LIABILITY. A peace officer is not liable for
7-21 damages arising from an act relating to the collection or reporting
7-22 of information as required by Article 2.133 or under a policy
7-23 adopted under Article 2.132.
7-24 SECTION 2. Chapter 3, Code of Criminal Procedure, is amended
7-25 by adding Article 3.05 to read as follows:
7-26 Art. 3.05. RACIAL PROFILING. In this code, "racial
8-1 profiling" means a law enforcement-initiated action based on an
8-2 individual's race, ethnicity, or national origin rather than on the
8-3 individual's behavior or on information identifying the individual
8-4 as having engaged in criminal activity.
8-5 SECTION 3. Section 96.641, Education Code, is amended by
8-6 adding Subsection (j) to read as follows:
8-7 (j) As part of the initial training and continuing education
8-8 for police chiefs required under this section, the institute shall
8-9 establish a program on racial profiling. The program must include
8-10 an examination of the best practices for:
8-11 (1) monitoring peace officers' compliance with laws
8-12 and internal agency policies relating to racial profiling;
8-13 (2) implementing laws and internal agency policies
8-14 relating to preventing racial profiling; and
8-15 (3) analyzing and reporting collected information.
8-16 SECTION 4. Section 1701.253, Occupations Code, is amended by
8-17 adding Subsection (e) to read as follows:
8-18 (e) As part of the minimum curriculum requirements, the
8-19 commission shall establish a statewide comprehensive education and
8-20 training program on racial profiling for officers licensed under
8-21 this chapter. An officer shall complete a program established
8-22 under this subsection not later than the second anniversary of the
8-23 date the officer is licensed under this chapter or the date the
8-24 officer applies for an intermediate proficiency certificate,
8-25 whichever date is earlier.
8-26 SECTION 5. Section 1701.402, Occupations Code, is amended by
9-1 adding Subsection (d) to read as follows:
9-2 (d) As a requirement for an intermediate proficiency
9-3 certificate, an officer must complete an education and training
9-4 program on racial profiling established by the commission under
9-5 Section 1701.253(e).
9-6 SECTION 6. Section 543.202, Transportation Code, is amended
9-7 to read as follows:
9-8 Sec. 543.202. FORM OF RECORD. (a) In this section, "race
9-9 or ethnicity" means of a particular descent, including Caucasian,
9-10 African, Hispanic, Asian, or Native American descent.
9-11 (b) The record must be made on a form or by a data
9-12 processing method acceptable to the department and must include:
9-13 (1) the name, address, physical description, including
9-14 race or ethnicity, date of birth, and driver's license number of
9-15 the person charged;
9-16 (2) the registration number of the vehicle involved;
9-17 (3) whether the vehicle was a commercial motor vehicle
9-18 as defined by Chapter 522 or was involved in transporting hazardous
9-19 materials;
9-20 (4) the person's social security number, if the person
9-21 was operating a commercial motor vehicle or was the holder of a
9-22 commercial driver's license or commercial driver learner's permit;
9-23 (5) the date and nature of the offense, including
9-24 whether the offense was a serious traffic violation as defined by
9-25 Chapter 522;
9-26 (6) whether a search of the vehicle was conducted and
10-1 whether consent for the search was obtained;
10-2 (7) the plea, the judgment, and whether bail was
10-3 forfeited;
10-4 (8) [(7)] the date of conviction; and
10-5 (9) [(8)] the amount of the fine or forfeiture.
10-6 SECTION 7. Not later than January 1, 2002, a law enforcement
10-7 agency shall adopt and implement a policy and begin collecting
10-8 information under the policy as required by Article 2.132, Code of
10-9 Criminal Procedure, as added by this Act. A law enforcement agency
10-10 shall first submit information to the governing body of each county
10-11 or municipality served by the agency as required by Article 2.132,
10-12 Code of Criminal Procedure, as added by this Act, on March 1, 2003.
10-13 The first submission of information shall consist of information
10-14 compiled by the agency during the period beginning January 1, 2002,
10-15 and ending December 31, 2002.
10-16 SECTION 8. A law enforcement agency shall first submit
10-17 information to the governing body of each county or municipality
10-18 served by the agency as required by Article 2.134, Code of Criminal
10-19 Procedure, as added by this Act, on March 1, 2004. The first
10-20 submission of information shall consist of information compiled by
10-21 the agency during the period beginning January 1, 2003, and ending
10-22 December 31, 2003.
10-23 SECTION 9. Not later than January 1, 2002:
10-24 (1) the Commission on Law Enforcement Officer
10-25 Standards and Education shall establish an education and training
10-26 program on racial profiling as required by Subsection (e), Section
11-1 1701.253, Occupations Code, as added by this Act; and
11-2 (2) the Bill Blackwood Law Enforcement Management
11-3 Institute of Texas shall establish a program on racial profiling as
11-4 required by Subsection (j), Section 96.641, Education Code, as
11-5 added by this Act.
11-6 SECTION 10. A person who on the effective date of this Act
11-7 holds an intermediate proficiency certificate issued by the
11-8 Commission on Law Enforcement Officer Standards and Education or
11-9 has held a peace officer license issued by the Commission on Law
11-10 Enforcement Officer Standards and Education for at least two years
11-11 shall complete an education and training program on racial
11-12 profiling established under Subsection (e), Section 1701.253,
11-13 Occupations Code, as added by this Act, not later than September 1,
11-14 2003.
11-15 SECTION 11. An individual appointed or elected as a police
11-16 chief before the effective date of this Act shall complete a
11-17 program on racial profiling established under Subsection (j),
11-18 Section 96.641, Education Code, as added by this Act, not later
11-19 than September 1, 2003.
11-20 SECTION 12. This Act takes effect September 1, 2001.