By:  Thompson                                                     H.B. No. 3430



A BILL TO BE ENTITLED

AN ACT

relating to law enforcement policies on racial profiling in certain 
counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter Two, Code of Criminal Procedure, is 
amended by adding a new Articles 2.132A through 2.138A to read as 
follows:
	Article 2.132A.  RACIAL PROFILING IN CERTAIN COUNTIES.  (a)  
Articles 2.132A, 2.133A, 2.134A, 2.135A, 2.136A, 2.137A, and 2.138A 
apply to all law enforcement agencies in counties which have any 
geographic portions of a municipality with a population of 1.9 
million or more.
	(b)  Each law enforcement agency in the counties in which 
this article applies shall adopt a detailed written policy on 
racial profiling.  The policy must:
		(1)  clearly define acts constituting racial 
profiling;              
		(2)  strictly prohibit peace officers employed by the 
agency from engaging in racial profiling;
		(3)  implement a process by which an individual may 
file a complaint with the agency if the individual believes that a 
peace officer employed by the agency has engaged in racial 
profiling with respect to the individual;
		(4)  provide public education relating to the agency's 
complaint process;
		(5)  require appropriate corrective action to be taken 
against a peace officer employed by the agency who, after an 
investigation, is shown to have engaged in racial profiling in 
violation of the agency's policy adopted under this article;
		(6)  require collection of information relating to 
traffic stops and to arrests resulting from those traffic stops, 
including information relating to:
			(A)  the race or ethnicity of the individual 
detained;              
			(B)  whether a search was conducted; and                              
			(C)  if a search was conducted, was it conducted 
by consent, incidental to a lawful arrest and inventory, or other 
reason; and
		(7)  require the agency, not later than March 1 of each 
year, to submit-to the governing body of each county or 
municipality served by the agency and to the Department of Public 
Safety, in the form prescribed by the department, an annual report 
of the information collected under Subdivision (6) if the agency is 
an agency of a county, municipality or ether. political subdivision 
of the state.  The report must be sent to the Department of Public 
Safety in a standardized format as developed by the Department of 
Public Safety.
	(c)  The data collected as a result of the reporting 
requirements of this article shall not constitute prima facie 
evidence of racial profiling.
	(d)  On adoption of a policy under Subsection (b), a law 
enforcement agency shall examine the feasibility of installing 
video camera and transmitter-activated equipment in each agency law 
enforcement motor vehicle regularly used to make traffic stops and 
transmitter-activated equipment in each agency law enforcement 
motorcycle regularly used to make traffic stops.  If a policy 
adopted by the agency under Subsection (b) must include standards 
for reviewing video and audio documentation.  If an agency installs 
video or audio equipment as provided in this subsection, the policy 
adopted by the agency under Subsection (b) shall mandate that the 
agency shall retain the video and audio or audio documentation of 
each traffic and pedestrian stop for at least 90 days after the date 
of the stop.
	(e)  If a complaint is filed with the law enforcement agency 
alleging that a peace officer employed by the agency has engaged in 
racial profiling with respect to a traffic or pedestrian stop, the 
agency shall retain the video and audio or audio record of the stop 
until final disposition of the complaint.  In addition, 
investigators of any complaint or a legal representative of the 
complainant may order the retention of any or all other video and 
audio or audio records of stops made by the officer complained 
against during the previous 90 days until final disposition of the 
original complaint.
	(f)  A report required under Subsection (b)(7) may not 
include identifying information about a peace officer who makes a 
traffic stop or about an individual who is stopped or arrested by a 
peace officer.  This subsection does not affect the collection of 
information as required by a policy under Subsection (b)(6).
	(g)  On the commencement of an investigation by a law 
enforcement agency of a complaint described by Subsection (b)(3) in 
which a video or audio recording of the occurrence on which the 
complaint is based was made, the agency shall promptly provide a 
copy of the recording to the peace officer who is the subject of the 
complaint on written request by the officer.
	SECTION 2.  Article 2.133, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 2.133.  REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN 
STOPS.              
	(a)  In this article:                                                          
		(1)  "Race or ethnicity" and has the meaning assigned 
by Article 2.132(a).  
		(2)  "Traffic stop" means the stopping of a motor 
vehicle by a peace officer for a possible violation of the law.
	(b)  A peace officer who conducts a traffic stop shall report 
to the law enforcement agency that employs the officer information 
relating to the stop.
	SECTION 3.  This Act takes effect January 1, 2006.