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                                  * * * * *