77R12259 JMC-F
By West, et al. S.B. No. 1074
Substitute the following for S.B. No. 1074:
By Hinojosa C.S.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
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; and
2-17 (7) require the agency to submit to the governing body
2-18 of each county or municipality served by the agency an annual
2-19 report of the information collected under Subdivision (6) if the
2-20 agency is an agency of a county, municipality, or other political
2-21 subdivision of the state.
2-22 (c) The data collected as a result of the reporting
2-23 requirements of this article shall not constitute prima facie
2-24 evidence of racial profiling.
2-25 (d) On adoption of a policy under Subsection (b), a law
2-26 enforcement agency shall examine the feasibility of installing
2-27 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 Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN
3-14 STOPS. (a) In this article, "race or ethnicity" has the meaning
3-15 assigned by Article 2.132(a).
3-16 (b) A peace officer who stops a motor vehicle for an alleged
3-17 violation of a law or ordinance regulating traffic or who stops a
3-18 pedestrian for any suspected offense shall report to the law
3-19 enforcement agency that employs the officer information relating to
3-20 the stop, including:
3-21 (1) a physical description of each person detained as
3-22 a result of the stop, including:
3-23 (A) the person's gender; and
3-24 (B) the person's race or ethnicity, as stated by
3-25 the person or, if the person does not state the person's race or
3-26 ethnicity, as determined by the officer to the best of the
3-27 officer's ability;
4-1 (2) the traffic law or ordinance alleged to have been
4-2 violated or the suspected offense;
4-3 (3) whether the officer conducted a search as a result
4-4 of the stop and, if so, whether the person detained consented to
4-5 the search;
4-6 (4) whether any contraband was discovered in the
4-7 course of the search and the type of contraband discovered;
4-8 (5) whether probable cause to search existed and the
4-9 facts supporting the existence of that probable cause;
4-10 (6) whether the officer made an arrest as a result of
4-11 the stop or the search, including a statement of the offense
4-12 charged;
4-13 (7) the street address or approximate location of the
4-14 stop; and
4-15 (8) whether the officer issued a warning or a citation
4-16 as a result of the stop, including a description of the warning or
4-17 a statement of the violation charged.
4-18 Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
4-19 COLLECTED. (a) A law enforcement agency shall compile and analyze
4-20 the information contained in each report received by the agency
4-21 under Article 2.133. Not later than March 1 of each year, each
4-22 local law enforcement agency shall submit a report containing the
4-23 information compiled during the previous calendar year to the
4-24 governing body of each county or municipality served by the agency
4-25 in a manner approved by the agency.
4-26 (b) A report required under Subsection (a) must include:
4-27 (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:
5-27 (1) each law enforcement motor vehicle regularly used
6-1 by an officer employed by the agency to make traffic and pedestrian
6-2 stops is equipped with video camera and transmitter-activated
6-3 equipment and each law enforcement motorcycle regularly used to
6-4 make traffic and pedestrian stops is equipped with
6-5 transmitter-activated equipment; and
6-6 (2) each traffic and pedestrian stop made by an
6-7 officer employed by the agency that is capable of being recorded by
6-8 video and audio or audio equipment, as appropriate, is recorded by
6-9 using the equipment.
6-10 (b) Except as otherwise provided by this subsection, a law
6-11 enforcement agency that is exempt from the requirements under
6-12 Article 2.134 shall retain the video and audio or audio
6-13 documentation of each traffic and pedestrian stop for at least 90
6-14 days after the date of the stop. If a complaint is filed with the
6-15 law enforcement agency alleging that a peace officer employed by
6-16 the agency has engaged in racial profiling with respect to a
6-17 traffic or pedestrian stop, the agency shall retain the video and
6-18 audio or audio record of the stop until final disposition of the
6-19 complaint.
6-20 (c) This article does not affect the collection or reporting
6-21 requirements under Article 2.132.
6-22 Art. 2.136. LIABILITY. A peace officer is not liable for
6-23 damages arising from an act relating to the collection or reporting
6-24 of information as required by Article 2.133 or under a policy
6-25 adopted under Article 2.132.
6-26 SECTION 2. Chapter 3, Code of Criminal Procedure, is amended
6-27 by adding Article 3.05 to read as follows:
7-1 Art. 3.05. RACIAL PROFILING. In this code, "racial
7-2 profiling" means a law enforcement-initiated action based on an
7-3 individual's race, ethnicity, or national origin rather than on the
7-4 individual's behavior or on information identifying the individual
7-5 as having engaged in criminal activity.
7-6 SECTION 3. Section 96.641, Education Code, is amended by
7-7 adding Subsection (j) to read as follows:
7-8 (j) As part of the initial training and continuing education
7-9 for police chiefs required under this section, the institute shall
7-10 establish a program on racial profiling. The program must include
7-11 an examination of the best practices for:
7-12 (1) monitoring peace officers' compliance with laws
7-13 and internal agency policies relating to racial profiling;
7-14 (2) implementing laws and internal agency policies
7-15 relating to preventing racial profiling; and
7-16 (3) analyzing and reporting collected information.
7-17 SECTION 4. Section 1701.253, Occupations Code, is amended by
7-18 adding Subsection (e) to read as follows:
7-19 (e) As part of the minimum curriculum requirements, the
7-20 commission shall establish a statewide comprehensive education and
7-21 training program on racial profiling for officers licensed under
7-22 this chapter. An officer shall complete a program established
7-23 under this subsection not later than the second anniversary of the
7-24 date the officer is licensed under this chapter or the date the
7-25 officer applies for an intermediate proficiency certificate,
7-26 whichever date is earlier.
7-27 SECTION 5. Section 1701.402, Occupations Code, is amended by
8-1 adding Subsection (d) to read as follows:
8-2 (d) As a requirement for an intermediate proficiency
8-3 certificate, an officer must complete an education and training
8-4 program on racial profiling established by the commission under
8-5 Section 1701.253(e).
8-6 SECTION 6. Section 543.202, Transportation Code, is amended
8-7 to read as follows:
8-8 Sec. 543.202. FORM OF RECORD. (a) In this section, "race
8-9 or ethnicity" means of a particular descent, including Caucasian,
8-10 African, Hispanic, Asian, or Native American descent.
8-11 (b) The record must be made on a form or by a data
8-12 processing method acceptable to the department and must include:
8-13 (1) the name, address, physical description, including
8-14 race or ethnicity, date of birth, and driver's license number of
8-15 the person charged;
8-16 (2) the registration number of the vehicle involved;
8-17 (3) whether the vehicle was a commercial motor vehicle
8-18 as defined by Chapter 522 or was involved in transporting hazardous
8-19 materials;
8-20 (4) the person's social security number, if the person
8-21 was operating a commercial motor vehicle or was the holder of a
8-22 commercial driver's license or commercial driver learner's permit;
8-23 (5) the date and nature of the offense, including
8-24 whether the offense was a serious traffic violation as defined by
8-25 Chapter 522;
8-26 (6) whether a search of the vehicle was conducted and
8-27 whether consent for the search was obtained;
9-1 (7) the plea, the judgment, and whether bail was
9-2 forfeited;
9-3 (8) [(7)] the date of conviction; and
9-4 (9) [(8)] the amount of the fine or forfeiture.
9-5 SECTION 7. Not later than January 1, 2002, a law enforcement
9-6 agency shall adopt and implement a policy and begin collecting
9-7 information under the policy as required by Article 2.132, Code of
9-8 Criminal Procedure, as added by this Act. A local law enforcement
9-9 agency shall first submit information to the governing body of each
9-10 county or municipality served by the agency as required by Article
9-11 2.132, Code of Criminal Procedure, as added by this Act, on March
9-12 1, 2003. The first submission of information shall consist of
9-13 information compiled by the agency during the period beginning
9-14 January 1, 2002, and ending December 31, 2002.
9-15 SECTION 8. A local law enforcement agency shall first submit
9-16 information to the governing body of each county or municipality
9-17 served by the agency as required by Article 2.134, Code of Criminal
9-18 Procedure, as added by this Act, on March 1, 2004. The first
9-19 submission of information shall consist of information compiled by
9-20 the agency during the period beginning January 1, 2003, and ending
9-21 December 31, 2003.
9-22 SECTION 9. Not later than January 1, 2002:
9-23 (1) the Commission on Law Enforcement Officer
9-24 Standards and Education shall establish an education and training
9-25 program on racial profiling as required by Subsection (e), Section
9-26 1701.253, Occupations Code, as added by this Act; and
9-27 (2) the Bill Blackwood Law Enforcement Management
10-1 Institute of Texas shall establish a program on racial profiling as
10-2 required by Subsection (j), Section 96.641, Education Code, as
10-3 added by this Act.
10-4 SECTION 10. A person who on the effective date of this Act
10-5 holds an intermediate proficiency certificate issued by the
10-6 Commission on Law Enforcement Officer Standards and Education or
10-7 has held a peace officer license issued by the Commission on Law
10-8 Enforcement Officer Standards and Education for at least two years
10-9 shall complete an education and training program on racial
10-10 profiling established under Subsection (e), Section 1701.253,
10-11 Occupations Code, as added by this Act, not later than September 1,
10-12 2003.
10-13 SECTION 11. An individual appointed or elected as a police
10-14 chief before the effective date of this Act shall complete a
10-15 program on racial profiling established under Subsection (j),
10-16 Section 96.641, Education Code, as added by this Act, not later
10-17 than September 1, 2003.
10-18 SECTION 12. This Act takes effect September 1, 2001.