1-1 By: West, et al. S.B. No. 1074
1-2 (In the Senate - Filed March 5, 2001; March 6, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 March 19, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 19, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1074 By: West
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the prevention of racial profiling by certain peace
1-11 officers.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended
1-14 by adding Articles 2.131 through 2.136 to read as follows:
1-15 Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer
1-16 may not engage in racial profiling.
1-17 Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING.
1-18 (a) In this article:
1-19 (1) "Law enforcement agency" means an agency of the
1-20 state, or of a county, municipality, or other political subdivision
1-21 of the state, that employs peace officers who make traffic stops in
1-22 the routine performance of the officers' official duties.
1-23 (2) "Race or ethnicity" means of a particular descent,
1-24 including Caucasian, African, Hispanic, Asian, or Native American
1-25 descent.
1-26 (b) Each law enforcement agency in this state shall adopt a
1-27 detailed written policy on racial profiling. The policy must:
1-28 (1) clearly define acts constituting racial profiling;
1-29 (2) strictly prohibit peace officers employed by the
1-30 agency from engaging in racial profiling;
1-31 (3) implement a process by which an individual may
1-32 file a complaint with the agency if the individual believes that a
1-33 peace officer employed by the agency has engaged in racial
1-34 profiling with respect to the individual;
1-35 (4) provide public education relating to the agency's
1-36 complaint process;
1-37 (5) require appropriate corrective action to be taken
1-38 against a peace officer employed by the agency who, after an
1-39 investigation, is shown to have engaged in racial profiling in
1-40 violation of the agency's policy adopted under this article;
1-41 (6) require collection of information relating to
1-42 traffic stops in which a citation is issued and to arrests
1-43 resulting from those traffic stops, including information relating
1-44 to:
1-45 (A) the race or ethnicity of the individual
1-46 detained; and
1-47 (B) whether a search was conducted and, if so,
1-48 whether the person detained consented to the search;
1-49 (7) require quarterly evaluation and analysis of
1-50 information collected by the agency as required by Subdivision (6);
1-51 and
1-52 (8) require the agency to submit to the governing body
1-53 of each county or municipality served by the agency an annual
1-54 report of the information analyzed under Subdivision (7).
1-55 (c) On adoption of a policy under Subsection (b), a law
1-56 enforcement agency shall examine the feasibility of installing
1-57 video camera and voice-activated microphone equipment in each
1-58 agency law enforcement motor vehicle regularly used to make traffic
1-59 stops and voice-activated microphone equipment in each agency law
1-60 enforcement motorcycle regularly used to make traffic stops. If a
1-61 law enforcement agency installs video or audio equipment as
1-62 provided by this subsection, the policy adopted by the agency under
1-63 Subsection (b) must include standards for reviewing video and audio
1-64 documentation.
2-1 (d) A report required under Subsection (b)(8) may not
2-2 include identifying information about a peace officer who makes a
2-3 traffic stop or about an individual who is stopped or arrested by a
2-4 peace officer. This subsection does not affect the collection of
2-5 information as required by a policy under Subsection (b)(6).
2-6 Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN
2-7 STOPS. (a) In this article, "race or ethnicity" has the meaning
2-8 assigned by Article 2.132(a).
2-9 (b) A peace officer who stops a motor vehicle for an alleged
2-10 violation of a law or ordinance regulating traffic or who stops a
2-11 pedestrian for any suspected offense shall report to the law
2-12 enforcement agency that employs the officer information relating to
2-13 the stop, including:
2-14 (1) a physical description of each person detained as
2-15 a result of the stop, including:
2-16 (A) the person's gender; and
2-17 (B) the person's race or ethnicity, as stated by
2-18 the person or, if the person does not state the person's race or
2-19 ethnicity, as determined by the officer to the best of the
2-20 officer's ability;
2-21 (2) the traffic law or ordinance alleged to have been
2-22 violated or the suspected offense;
2-23 (3) whether the officer conducted a search as a result
2-24 of the stop and, if so, whether the person detained consented to
2-25 the search;
2-26 (4) whether any contraband was discovered in the
2-27 course of the search and the type of contraband discovered;
2-28 (5) whether probable cause to search existed and the
2-29 facts supporting the existence of that probable cause;
2-30 (6) whether the officer made an arrest as a result of
2-31 the stop or the search, including a statement of the offense
2-32 charged;
2-33 (7) the street address or approximate location of the
2-34 stop; and
2-35 (8) whether the officer issued a warning or a citation
2-36 as a result of the stop, including a description of the warning or
2-37 a statement of the violation charged.
2-38 Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
2-39 COLLECTED. (a) A law enforcement agency shall compile and analyze
2-40 the information contained in each report received by the agency
2-41 under Article 2.133 and, not later than March 1 of each year,
2-42 submit a report containing the information compiled during the
2-43 previous calendar year to the governing body of each county or
2-44 municipality served by the agency in a manner approved by the
2-45 agency.
2-46 (b) A report required under Subsection (a) must include:
2-47 (1) a comparative analysis of the information compiled
2-48 under Article 2.133 to:
2-49 (A) determine the prevalence of racial profiling
2-50 by peace officers employed by the agency; and
2-51 (B) examine the disposition of traffic and
2-52 pedestrian stops made by officers employed by the agency, including
2-53 searches resulting from the stops; and
2-54 (2) information relating to each complaint filed with
2-55 the agency alleging that a peace officer employed by the agency has
2-56 engaged in racial profiling.
2-57 (c) A report required under Subsection (a) may not include
2-58 identifying information about a peace officer who makes a traffic
2-59 or pedestrian stop or about an individual who is stopped or
2-60 arrested by a peace officer. This subsection does not affect the
2-61 reporting of information required under Article 2.133(b)(1).
2-62 (d) The Commission on Law Enforcement Officer Standards and
2-63 Education shall develop guidelines for compiling and reporting
2-64 information as required by this article.
2-65 Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO
2-66 EQUIPMENT. (a) A peace officer is exempt from the reporting
2-67 requirement under Article 2.133 and a law enforcement agency is
2-68 exempt from the compilation, analysis, and reporting requirements
2-69 under Article 2.134 if, during the calendar year preceding the date
3-1 that a report under Article 2.134 is required to be submitted:
3-2 (1) each law enforcement motor vehicle regularly used
3-3 by an officer employed by the agency to make traffic and pedestrian
3-4 stops is equipped with video camera and voice-activated microphone
3-5 equipment and each law enforcement motorcycle regularly used to
3-6 make traffic and pedestrian stops is equipped with voice-activated
3-7 microphone equipment; and
3-8 (2) each traffic and pedestrian stop made by an
3-9 officer employed by the agency that is capable of being recorded by
3-10 video and audio or audio equipment, as appropriate, is recorded by
3-11 using the equipment.
3-12 (b) Except as otherwise provided by this subsection, a law
3-13 enforcement agency that is exempt from the requirements under
3-14 Article 2.134 shall retain the video and audio or audio
3-15 documentation of each traffic and pedestrian stop for at least 90
3-16 days after the date of the stop. If a complaint is filed with the
3-17 law enforcement agency alleging that a peace officer employed by
3-18 the agency has engaged in racial profiling with respect to a
3-19 traffic or pedestrian stop, the agency shall retain the video and
3-20 audio or audio record of the stop until final disposition of the
3-21 complaint.
3-22 (c) This article does not affect the collection, analysis,
3-23 or reporting requirements under Article 2.132.
3-24 Art. 2.136. LIABILITY. A peace officer is not liable for
3-25 damages arising from an act relating to the collection or reporting
3-26 of information as required by Article 2.133 or under a policy
3-27 adopted under Article 2.132.
3-28 SECTION 2. Chapter 3, Code of Criminal Procedure, is amended
3-29 by adding Article 3.05 to read as follows:
3-30 Art. 3.05. RACIAL PROFILING. In this code, "racial
3-31 profiling" means a law enforcement-initiated action based on an
3-32 individual's race, ethnicity, or national origin rather than on the
3-33 individual's behavior or on information identifying the individual
3-34 as having engaged in criminal activity.
3-35 SECTION 3. Section 96.641, Education Code, is amended by
3-36 adding Subsection (j) to read as follows:
3-37 (j) As part of the initial training and continuing education
3-38 for police chiefs required under this section, the institute shall
3-39 establish a program on racial profiling. The program must include
3-40 an examination of the best practices for:
3-41 (1) monitoring peace officers' compliance with laws
3-42 and internal agency policies relating to racial profiling;
3-43 (2) implementing laws and internal agency policies
3-44 relating to preventing racial profiling; and
3-45 (3) analyzing and reporting collected information.
3-46 SECTION 4. Section 1701.253, Occupations Code, is amended by
3-47 adding Subsection (e) to read as follows:
3-48 (e) As part of the minimum curriculum requirements, the
3-49 commission shall establish a statewide comprehensive education and
3-50 training program on racial profiling for officers licensed under
3-51 this chapter. An officer shall complete a program established
3-52 under this subsection not later than the second anniversary of the
3-53 date the officer is licensed under this chapter or the date the
3-54 officer applies for an intermediate proficiency certificate,
3-55 whichever date is earlier.
3-56 SECTION 5. Section 1701.402, Occupations Code, is amended by
3-57 adding Subsection (d) to read as follows:
3-58 (d) As a requirement for an intermediate proficiency
3-59 certificate, an officer must complete an education and training
3-60 program on racial profiling established by the commission under
3-61 Section 1701.253(e).
3-62 SECTION 6. Section 543.202, Transportation Code, is amended
3-63 to read as follows:
3-64 Sec. 543.202. FORM OF RECORD. (a) In this section, "race
3-65 or ethnicity" means of a particular descent, including Caucasian,
3-66 African, Hispanic, Asian, or Native American descent.
3-67 (b) The record must be made on a form or by a data
3-68 processing method acceptable to the department and must include:
3-69 (1) the name, address, physical description, including
4-1 race or ethnicity, date of birth, and driver's license number of
4-2 the person charged;
4-3 (2) the registration number of the vehicle involved;
4-4 (3) whether the vehicle was a commercial motor vehicle
4-5 as defined by Chapter 522 or was involved in transporting hazardous
4-6 materials;
4-7 (4) the person's social security number, if the person
4-8 was operating a commercial motor vehicle or was the holder of a
4-9 commercial driver's license or commercial driver learner's permit;
4-10 (5) the date and nature of the offense, including
4-11 whether the offense was a serious traffic violation as defined by
4-12 Chapter 522;
4-13 (6) whether a search of the vehicle was conducted and
4-14 whether consent for the search was obtained;
4-15 (7) the plea, the judgment, and whether bail was
4-16 forfeited;
4-17 (8) [(7)] the date of conviction; and
4-18 (9) [(8)] the amount of the fine or forfeiture.
4-19 SECTION 7. Not later than January 1, 2002, a law enforcement
4-20 agency shall adopt and implement a policy and begin collecting
4-21 information under the policy as required by Article 2.132, Code of
4-22 Criminal Procedure, as added by this Act. A law enforcement agency
4-23 shall first submit information to the governing body of each county
4-24 or municipality served by the agency as required by Article 2.132,
4-25 Code of Criminal Procedure, as added by this Act, on March 1, 2003.
4-26 The first submission of information shall consist of information
4-27 compiled by the agency during the period beginning January 1, 2002,
4-28 and ending December 31, 2002.
4-29 SECTION 8. A law enforcement agency shall first submit
4-30 information to the governing body of each county or municipality
4-31 served by the agency as required by Article 2.134, Code of Criminal
4-32 Procedure, as added by this Act, on March 1, 2004. The first
4-33 submission of information shall consist of information compiled by
4-34 the agency during the period beginning January 1, 2003, and ending
4-35 December 31, 2003.
4-36 SECTION 9. Not later than January 1, 2002:
4-37 (1) the Commission on Law Enforcement Officer
4-38 Standards and Education shall establish an education and training
4-39 program on racial profiling as required by Subsection (e), Section
4-40 1701.253, Occupations Code, as added by this Act; and
4-41 (2) the Bill Blackwood Law Enforcement Management
4-42 Institute of Texas shall establish a program on racial profiling as
4-43 required by Subsection (j), Section 96.641, Education Code, as
4-44 added by this Act.
4-45 SECTION 10. A person who on the effective date of this Act
4-46 holds an intermediate proficiency certificate issued by the
4-47 Commission on Law Enforcement Officer Standards and Education or
4-48 has held a peace officer license issued by the Commission on Law
4-49 Enforcement Officer Standards and Education for at least two years
4-50 shall complete an education and training program on racial
4-51 profiling established under Subsection (e), Section 1701.253,
4-52 Occupations Code, as added by this Act, not later than September 1,
4-53 2003.
4-54 SECTION 11. An individual appointed or elected as a police
4-55 chief before the effective date of this Act shall complete a
4-56 program on racial profiling established under Subsection (j),
4-57 Section 96.641, Education Code, as added by this Act, not later
4-58 than September 1, 2003.
4-59 SECTION 12. This Act takes effect September 1, 2001.
4-60 * * * * *