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 2.138 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) if the
2-19 agency is an agency of a county, municipality, or other political
2-20 subdivision of the state.
2-21 (c) The data collected as a result of the reporting
2-22 requirements of this article shall not constitute prima facie
2-23 evidence of racial profiling.
2-24 (d) On adoption of a policy under Subsection (b), a law
2-25 enforcement agency shall examine the feasibility of installing
2-26 video camera and transmitter-activated equipment in each agency law
3-1 enforcement motor vehicle regularly used to make traffic stops and
3-2 transmitter-activated equipment in each agency law enforcement
3-3 motorcycle regularly used to make traffic stops. If a law
3-4 enforcement agency installs video or audio equipment as provided by
3-5 this subsection, the policy adopted by the agency under Subsection
3-6 (b) must include standards for reviewing video and audio
3-7 documentation.
3-8 (e) A report required under Subsection (b)(7) may not
3-9 include identifying information about a peace officer who makes a
3-10 traffic stop or about an individual who is stopped or arrested by a
3-11 peace officer. This subsection does not affect the collection of
3-12 information as required by a policy under Subsection (b)(6).
3-13 (f) On the commencement of an investigation by a law
3-14 enforcement agency of a complaint described by Subsection (b)(3) in
3-15 which a video or audio recording of the occurrence on which the
3-16 complaint is based was made, the agency shall promptly provide a
3-17 copy of the recording to the peace officer who is the subject of
3-18 the complaint on written request by the officer.
3-19 Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN
3-20 STOPS. (a) In this article:
3-21 (1) "Race or ethnicity" has the meaning assigned by
3-22 Article 2.132(a).
3-23 (2) "Pedestrian stop" means an interaction between a
3-24 peace officer and an individual who is being detained for the
3-25 purpose of a criminal investigation in which the individual is not
3-26 under arrest.
4-1 (b) A peace officer who stops a motor vehicle for an alleged
4-2 violation of a law or ordinance regulating traffic or who stops a
4-3 pedestrian for any suspected offense shall report to the law
4-4 enforcement agency that employs the officer information relating to
4-5 the stop, including:
4-6 (1) a physical description of each person detained as
4-7 a result of the stop, including:
4-8 (A) the person's gender; and
4-9 (B) the person's race or ethnicity, as stated by
4-10 the person or, if the person does not state the person's race or
4-11 ethnicity, as determined by the officer to the best of the
4-12 officer's ability;
4-13 (2) the traffic law or ordinance alleged to have been
4-14 violated or the suspected offense;
4-15 (3) whether the officer conducted a search as a result
4-16 of the stop and, if so, whether the person detained consented to
4-17 the search;
4-18 (4) whether any contraband was discovered in the
4-19 course of the search and the type of contraband discovered;
4-20 (5) whether probable cause to search existed and the
4-21 facts supporting the existence of that probable cause;
4-22 (6) whether the officer made an arrest as a result of
4-23 the stop or the search, including a statement of the offense
4-24 charged;
4-25 (7) the street address or approximate location of the
4-26 stop; and
5-1 (8) whether the officer issued a warning or a citation
5-2 as a result of the stop, including a description of the warning or
5-3 a statement of the violation charged.
5-4 Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
5-5 COLLECTED. (a) In this article, "pedestrian stop" means an
5-6 interaction between a peace officer and an individual who is being
5-7 detained for the purpose of a criminal investigation in which the
5-8 individual is not under arrest.
5-9 (b) A law enforcement agency shall compile and analyze the
5-10 information contained in each report received by the agency under
5-11 Article 2.133. Not later than March 1 of each year, each local law
5-12 enforcement agency shall submit a report containing the information
5-13 compiled during the previous calendar year to the governing body of
5-14 each county or municipality served by the agency in a manner
5-15 approved by the agency.
5-16 (c) A report required under Subsection (b) must include:
5-17 (1) a comparative analysis of the information compiled
5-18 under Article 2.133 to:
5-19 (A) determine the prevalence of racial profiling
5-20 by peace officers employed by the agency; and
5-21 (B) examine the disposition of traffic and
5-22 pedestrian stops made by officers employed by the agency, including
5-23 searches resulting from the stops; and
5-24 (2) information relating to each complaint filed with
5-25 the agency alleging that a peace officer employed by the agency has
5-26 engaged in racial profiling.
6-1 (d) A report required under Subsection (b) may not include
6-2 identifying information about a peace officer who makes a traffic
6-3 or pedestrian stop or about an individual who is stopped or
6-4 arrested by a peace officer. This subsection does not affect the
6-5 reporting of information required under Article 2.133(b)(1).
6-6 (e) The Commission on Law Enforcement Officer Standards and
6-7 Education shall develop guidelines for compiling and reporting
6-8 information as required by this article.
6-9 (f) The data collected as a result of the reporting
6-10 requirements of this article shall not constitute prima facie
6-11 evidence of racial profiling.
6-12 Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO
6-13 EQUIPMENT. (a) A peace officer is exempt from the reporting
6-14 requirement under Article 2.133 and a law enforcement agency is
6-15 exempt from the compilation, analysis, and reporting requirements
6-16 under Article 2.134 if:
6-17 (1) during the calendar year preceding the date that a
6-18 report under Article 2.134 is required to be submitted:
6-19 (A) each law enforcement motor vehicle regularly
6-20 used by an officer employed by the agency to make traffic and
6-21 pedestrian stops is equipped with video camera and
6-22 transmitter-activated equipment and each law enforcement motorcycle
6-23 regularly used to make traffic and pedestrian stops is equipped
6-24 with transmitter-activated equipment; and
6-25 (B) each traffic and pedestrian stop made by an
6-26 officer employed by the agency that is capable of being recorded by
7-1 video and audio or audio equipment, as appropriate, is recorded by
7-2 using the equipment; or
7-3 (2) the governing body of the county or municipality
7-4 served by the law enforcement agency, in conjunction with the law
7-5 enforcement agency, certifies to the Department of Public Safety,
7-6 not later than the date specified by rule by the department, that
7-7 the law enforcement agency needs funds or video and audio equipment
7-8 for the purpose of installing video and audio equipment as
7-9 described by Subsection (a)(1)(A) and the agency does not receive
7-10 from the state funds or video and audio equipment sufficient, as
7-11 determined by the department, for the agency to accomplish that
7-12 purpose.
7-13 (b) Except as otherwise provided by this subsection, a law
7-14 enforcement agency that is exempt from the requirements under
7-15 Article 2.134 shall retain the video and audio or audio
7-16 documentation of each traffic and pedestrian stop for at least 90
7-17 days after the date of the stop. If a complaint is filed with the
7-18 law enforcement agency alleging that a peace officer employed by
7-19 the agency has engaged in racial profiling with respect to a
7-20 traffic or pedestrian stop, the agency shall retain the video and
7-21 audio or audio record of the stop until final disposition of the
7-22 complaint.
7-23 (c) This article does not affect the collection or reporting
7-24 requirements under Article 2.132.
7-25 Art. 2.136. LIABILITY. A peace officer is not liable for
7-26 damages arising from an act relating to the collection or reporting
8-1 of information as required by Article 2.133 or under a policy
8-2 adopted under Article 2.132.
8-3 Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The
8-4 Department of Public Safety shall adopt rules for providing funds
8-5 or video and audio equipment to law enforcement agencies for the
8-6 purpose of installing video and audio equipment as described by
8-7 Article 2.135(a)(1)(A), including specifying criteria to prioritize
8-8 funding or equipment provided to law enforcement agencies. The
8-9 criteria may include consideration of tax effort, financial
8-10 hardship, available revenue, and budget surpluses. The criteria
8-11 must give priority to:
8-12 (1) law enforcement agencies that employ peace
8-13 officers whose primary duty is traffic enforcement;
8-14 (2) smaller jurisdictions; and
8-15 (3) municipal and county law enforcement agencies.
8-16 (b) The Department of Public Safety shall collaborate with
8-17 an institution of higher education to identify law enforcement
8-18 agencies that need funds or video and audio equipment for the
8-19 purpose of installing video and audio equipment as described by
8-20 Article 2.135(a)(1)(A). The collaboration may include the use of a
8-21 survey to assist in developing criteria to prioritize funding or
8-22 equipment provided to law enforcement agencies.
8-23 (c) To receive funds or video and audio equipment from the
8-24 state for the purpose of installing video and audio equipment as
8-25 described by Article 2.135(a)(1)(A), the governing body of a county
8-26 or municipality, in conjunction with the law enforcement agency
9-1 serving the county or municipality, shall certify to the Department
9-2 of Public Safety that the law enforcement agency needs funds or
9-3 video and audio equipment for that purpose.
9-4 (d) On receipt of funds or video and audio equipment from
9-5 the state for the purpose of installing video and audio equipment
9-6 as described by Article 2.135(a)(1)(A), the governing body of a
9-7 county or municipality, in conjunction with the law enforcement
9-8 agency serving the county or municipality, shall certify to the
9-9 Department of Public Safety that the law enforcement agency has
9-10 installed video and audio equipment as described by Article
9-11 2.135(a)(1)(A) and is using the equipment as required by Article
9-12 2.135(a)(1).
9-13 Art. 2.138. RULES. The Department of Public Safety may
9-14 adopt rules to implement Articles 2.131-2.137.
9-15 SECTION 2. Chapter 3, Code of Criminal Procedure, is amended
9-16 by adding Article 3.05 to read as follows:
9-17 Art. 3.05. RACIAL PROFILING. In this code, "racial
9-18 profiling" means a law enforcement-initiated action based on an
9-19 individual's race, ethnicity, or national origin rather than on the
9-20 individual's behavior or on information identifying the individual
9-21 as having engaged in criminal activity.
9-22 SECTION 3. Section 96.641, Education Code, is amended by
9-23 adding Subsection (j) to read as follows:
9-24 (j) As part of the initial training and continuing education
9-25 for police chiefs required under this section, the institute shall
9-26 establish a program on racial profiling. The program must include
10-1 an examination of the best practices for:
10-2 (1) monitoring peace officers' compliance with laws
10-3 and internal agency policies relating to racial profiling;
10-4 (2) implementing laws and internal agency policies
10-5 relating to preventing racial profiling; and
10-6 (3) analyzing and reporting collected information.
10-7 SECTION 4. Section 1701.253, Occupations Code, is amended by
10-8 adding Subsection (e) to read as follows:
10-9 (e) As part of the minimum curriculum requirements, the
10-10 commission shall establish a statewide comprehensive education and
10-11 training program on racial profiling for officers licensed under
10-12 this chapter. An officer shall complete a program established
10-13 under this subsection not later than the second anniversary of the
10-14 date the officer is licensed under this chapter or the date the
10-15 officer applies for an intermediate proficiency certificate,
10-16 whichever date is earlier.
10-17 SECTION 5. Section 1701.402, Occupations Code, is amended by
10-18 adding Subsection (d) to read as follows:
10-19 (d) As a requirement for an intermediate proficiency
10-20 certificate, an officer must complete an education and training
10-21 program on racial profiling established by the commission under
10-22 Section 1701.253(e).
10-23 SECTION 6. Section 543.202, Transportation Code, is amended
10-24 to read as follows:
10-25 Sec. 543.202. FORM OF RECORD. (a) In this section, "race
10-26 or ethnicity" means of a particular descent, including Caucasian,
11-1 African, Hispanic, Asian, or Native American descent.
11-2 (b) The record must be made on a form or by a data
11-3 processing method acceptable to the department and must include:
11-4 (1) the name, address, physical description, including
11-5 race or ethnicity, date of birth, and driver's license number of
11-6 the person charged;
11-7 (2) the registration number of the vehicle involved;
11-8 (3) whether the vehicle was a commercial motor vehicle
11-9 as defined by Chapter 522 or was involved in transporting hazardous
11-10 materials;
11-11 (4) the person's social security number, if the person
11-12 was operating a commercial motor vehicle or was the holder of a
11-13 commercial driver's license or commercial driver learner's permit;
11-14 (5) the date and nature of the offense, including
11-15 whether the offense was a serious traffic violation as defined by
11-16 Chapter 522;
11-17 (6) whether a search of the vehicle was conducted and
11-18 whether consent for the search was obtained;
11-19 (7) the plea, the judgment, and whether bail was
11-20 forfeited;
11-21 (8) [(7)] the date of conviction; and
11-22 (9) [(8)] the amount of the fine or forfeiture.
11-23 SECTION 7. Not later than January 1, 2002, a law enforcement
11-24 agency shall adopt and implement a policy and begin collecting
11-25 information under the policy as required by Article 2.132, Code of
11-26 Criminal Procedure, as added by this Act. A local law enforcement
12-1 agency shall first submit information to the governing body of each
12-2 county or municipality served by the agency as required by Article
12-3 2.132, Code of Criminal Procedure, as added by this Act, on March
12-4 1, 2003. The first submission of information shall consist of
12-5 information compiled by the agency during the period beginning
12-6 January 1, 2002, and ending December 31, 2002.
12-7 SECTION 8. A local law enforcement agency shall first submit
12-8 information to the governing body of each county or municipality
12-9 served by the agency as required by Article 2.134, Code of Criminal
12-10 Procedure, as added by this Act, on March 1, 2004. The first
12-11 submission of information shall consist of information compiled by
12-12 the agency during the period beginning January 1, 2003, and ending
12-13 December 31, 2003.
12-14 SECTION 9. Not later than January 1, 2002:
12-15 (1) the Commission on Law Enforcement Officer
12-16 Standards and Education shall establish an education and training
12-17 program on racial profiling as required by Subsection (e), Section
12-18 1701.253, Occupations Code, as added by this Act; and
12-19 (2) the Bill Blackwood Law Enforcement Management
12-20 Institute of Texas shall establish a program on racial profiling as
12-21 required by Subsection (j), Section 96.641, Education Code, as
12-22 added by this Act.
12-23 SECTION 10. A person who on the effective date of this Act
12-24 holds an intermediate proficiency certificate issued by the
12-25 Commission on Law Enforcement Officer Standards and Education or
12-26 has held a peace officer license issued by the Commission on Law
13-1 Enforcement Officer Standards and Education for at least two years
13-2 shall complete an education and training program on racial
13-3 profiling established under Subsection (e), Section 1701.253,
13-4 Occupations Code, as added by this Act, not later than September 1,
13-5 2003.
13-6 SECTION 11. An individual appointed or elected as a police
13-7 chief before the effective date of this Act shall complete a
13-8 program on racial profiling established under Subsection (j),
13-9 Section 96.641, Education Code, as added by this Act, not later
13-10 than September 1, 2003.
13-11 SECTION 12. This Act takes effect September 1, 2001.
S.B. No. 1074
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1074 passed the Senate on
April 4, 2001, by the following vote: Yeas 28, Nays 2;
May 21, 2001, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 22, 2001, House
granted request of the Senate; May 24, 2001, Senate adopted
Conference Committee Report by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1074 passed the House, with
amendments, on May 15, 2001, by a non-record vote; May 22, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 24, 2001, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor