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.