By: West S.B. No. 1503
A BILL TO BE ENTITLED
AN ACT
relating to reports on racial profiling in connection with motor
vehicle shops; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a), (b), and (d), Article 2.132,
Code of Criminal Procedure, are amended to read as follows:
(a) In this article:
(1) "Law enforcement agency" means an agency of the
state, or of a county, municipality, or other political subdivision
of the state, that employs peace officers who make motor vehicle
[traffic] stops in the routine performance of the officers'
official duties.
(2) "Motor vehicle stop" means an occasion in which a
peace officer stops a motor vehicle for an alleged violation of a
law or ordinance.
(3) "Race or ethnicity" means of a particular descent,
including Caucasian, African, Hispanic, Asian, [or] Native
American, or Middle Eastern descent.
(b) Each law enforcement agency in this state 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; and
(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 in which a citation is issued and to arrests resulting
from those traffic stops, including information relating to:
[(A) the race or ethnicity of the individual
detained; and
[(B) whether a search was conducted and, if so,
whether the person detained consented to the search; and
[(7) require the agency to submit to the governing
body of each county or municipality served by the agency an annual
report of the information collected under Subdivision (6) if the
agency is an agency of a county, municipality, or other political
subdivision of the state].
(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 motor vehicle
[traffic] stops and transmitter-activated equipment in each agency
law enforcement motorcycle regularly used to make motor vehicle
[traffic] stops. If a law enforcement agency installs video or
audio equipment as provided by this subsection, the policy adopted
by the agency under Subsection (b) must include standards for
reviewing video and audio documentation.
SECTION 2. Article 2.133, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND
PEDESTRIAN] STOPS. (a) In this article, "race[:
[(1) "Race] or ethnicity" has the meaning assigned by
Article 2.132(a).
[(2) "Pedestrian stop" means an interaction between a
peace officer and an individual who is being detained for the
purpose of a criminal investigation in which the individual is not
under arrest.]
(b) A peace officer who stops a motor vehicle for an alleged
violation of a law or ordinance [regulating traffic or who stops a
pedestrian for any suspected offense] shall report to the law
enforcement agency that employs the officer information relating to
the stop, including:
(1) a physical description of any [each] person
operating the motor vehicle who is detained as a result of the stop,
including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by
the person or, if the person does not state the person's race or
ethnicity, as determined by the officer to the best of the officer's
ability;
(2) the initial reason for the stop [traffic law or
ordinance alleged to have been violated or the suspected offense];
(3) whether the officer conducted a search as a result
of the stop and, if so, whether the person detained consented to the
search;
(4) whether any contraband or other evidence was
discovered in the course of the search and a description [the type]
of the contraband or evidence [discovered];
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain
view;
(B) any probable cause or reasonable suspicion
existed to perform the search; or
(C) the search was performed as a result of the
towing of the motor vehicle or the arrest of any person in the motor
vehicle [existed and the facts supporting the existence of that
probable cause];
(6) whether the officer made an arrest as a result of
the stop or the search, including a statement of whether the arrest
was based on a violation of the Penal Code, a violation of a traffic
law or ordinance, or an outstanding warrant and a statement of the
offense charged;
(7) the street address or approximate location of the
stop; and
(8) whether the officer issued a verbal or written
warning or a citation as a result of the stop[, including a
description of the warning or a statement of the violation
charged].
SECTION 3. Subsections (b) through (e), Article 2.134, Code
of Criminal Procedure, are amended to read as follows:
(b) A law enforcement agency shall compile and analyze the
information contained in each report received by the agency under
Article 2.133. Not later than February 15 [March 1] of each year,
each [local] law enforcement agency shall submit a report
containing the incident-based data [information] compiled during
the previous calendar year to the bureau of identification and
records of the Department of Public Safety and, if the agency is a
local law enforcement agency, to the governing body of each county
or municipality served by the agency [in a manner approved by the
agency].
(c) A report required under Subsection (b) must include:
(1) a comparative analysis of the information compiled
under Article 2.133 to:
(A) determine the prevalence of racial profiling
by peace officers employed by the agency; and
(B) examine the disposition of motor vehicle
[traffic and pedestrian] stops made by officers employed by the
agency, including searches resulting from the stops; and
(2) information relating to each complaint filed with
the agency alleging that a peace officer employed by the agency has
engaged in racial profiling.
(d) A report required under Subsection (b) may not include
identifying information about a peace officer who makes a motor
vehicle [traffic or pedestrian] stop or about an individual who is
stopped or arrested by a peace officer. This subsection does not
affect the reporting of information required under Article
2.133(b)(1).
(e) The Commission on Law Enforcement Officer Standards and
Education shall develop guidelines for compiling [and reporting]
information as required by this article.
SECTION 4. The heading to Article 2.135, Code of Criminal
Procedure, is amended to read as follows:
Art. 2.135. RETENTION OF RECORDS BASED ON MOTOR VEHICLE
STOP [EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT].
SECTION 5. Subsection (b), Article 2.135, Code of Criminal
Procedure, is amended to read as follows:
(b) Except as otherwise provided by this subsection, a law
enforcement agency [that is exempt from the requirements under
Article 2.134] shall retain the video and audio or audio
documentation of each motor vehicle [traffic and pedestrian] stop
for at least 90 days after the date of the stop. 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 motor vehicle [traffic or pedestrian] stop, the agency shall
retain the video and audio or audio record of the stop until final
disposition of the complaint. For purposes of this subsection,
"motor vehicle stop" means an occasion in which a peace officer
stops a motor vehicle for an alleged violation of a law or
ordinance.
SECTION 6. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1385 to read as follows:
Art. 2.1385. CIVIL PENALTY. (a) If a local law
enforcement agency fails to submit the incident-based data as
required by Article 2.134, the agency is liable to the state for a
civil penalty in the amount of $1,000 for each violation. The
attorney general may sue to collect a civil penalty under this
subsection.
(b) From money appropriated to the agency for the
administration of the agency, the executive director of a state law
enforcement agency that fails to submit the incident-based data as
required by Article 2.134 shall remit to the comptroller the amount
of $1,000 for each violation.
(c) Money collected under this article shall be deposited in
the state treasury to the credit of the general revenue fund.
SECTION 7. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.022 to read as follows:
Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE
REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this
article, "moving violation" means an offense that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the
Department of Public Safety under Section 708.052, Transportation
Code.
(b) A defendant convicted of a moving violation in a justice
court, county court, county court at law, or municipal court shall
pay a fee of 15 cents as a cost of court.
(c) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision,
including deferred adjudication; or
(3) the court defers final disposition of the person's
case.
(d) The clerks of the respective courts shall collect the
costs described by this article. The clerk shall keep separate
records of the funds collected as costs under this article and shall
deposit the funds in the county or municipal treasury, as
appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) A county or municipality may retain 10 percent of the
funds collected under this article by an officer of the county or
municipality as a collection fee if the custodian of the county or
municipal treasury complies with Subsection (e).
(g) If no funds due as costs under this article are
deposited in a county or municipal treasury in a calendar quarter,
the custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no funds were
collected.
(h) The comptroller shall deposit the funds received under
this article to the credit of the Institute on Race, Crime, and
Justice fund in the general revenue fund.
(i) Funds collected under this article are subject to audit
by the comptroller.
SECTION 8. Section 102.061, Government Code, is amended to
read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT. The clerk of a statutory county court shall
collect fees and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5;
(5-a) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.15; and
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $4.
SECTION 9. Section 102.081, Government Code, is amended to
read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT. The clerk of a county court shall collect fees and
costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; [and]
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5; and
(6) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.15.
SECTION 10. Section 102.101, Government Code, is amended to
read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT. A clerk of a justice court shall collect fees and
costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of
$3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . not to exceed $4;
(5-a) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.15; and
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $1.50.
SECTION 11. Section 102.121, Government Code, is amended to
read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT. The clerk of a municipal court shall collect fees
and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of
$3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; [and]
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
and
(6) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . . . $0.15.
SECTION 12. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.052 to read as follows:
Sec. 411.052. COLLECTION OF CERTAIN INCIDENT-BASED DATA
SUBMITTED BY LAW ENFORCEMENT AGENCIES. The department, through its
bureau of identification and records, shall collect and maintain
the incident-based data submitted to the department under Article
2.134, Code of Criminal Procedure, including the incident-based
data compiled by the department based on the reports received by the
department under Article 2.133 of that code. The department, the
Commission on Law Enforcement Officer Standards and Education, the
Bill Blackwood Law Enforcement Management Institute of Texas, and
the University of North Texas shall develop guidelines for
submitting in a standard format the report containing the
incident-based data as required by Article 2.134, Code of Criminal
Procedure.
SECTION 13. The following statutes are repealed:
(1) Subsections (c) and (e), Article 2.132, Code of
Criminal Procedure;
(2) Subsection (a), Article 2.134, Code of Criminal
Procedure; and
(3) Subsections (a) and (c), Article 2.135, Code of
Criminal Procedure.
SECTION 14. (a) The requirements of Articles 2.133 and
2.134, Code of Criminal Procedure, as amended by this Act, relating
to the compilation, analysis, and submission of incident-based data
apply only to information based on a motor vehicle stop occurring on
or after January 1, 2006.
(b) The imposition of a cost of court under Article 102.022,
Code of Criminal Procedure, as added by this Act, applies only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
SECTION 15. This Act takes effect September 1, 2005.