79R9850 KEL-D

By:  West, Royce                                                  S.B. No. 1503


A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Institute on Race, Crime, and Justice at the University of North Texas at Dallas to examine and provide training regarding racial profiling by law enforcement and participation by members of certain underrepresented racial or ethnic groups in law enforcement. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter J, Chapter 105, Education Code, is amended by adding Section 105.503 to read as follows: Sec. 105.503. INSTITUTE ON RACE, CRIME, AND JUSTICE. (a) In this section: (1) "Institute" means the Institute on Race, Crime, and Justice. (2) "Law enforcement agency" has the meaning assigned by Article 2.132, Code of Criminal Procedure. (3) "Racial profiling" has the meaning assigned by Article 3.05, Code of Criminal Procedure. (b) The board shall establish and operate the Institute on Race, Crime, and Justice at the University of North Texas at Dallas to examine and provide training regarding issues of race, crime, and justice in this state. (b-1) Until the University of North Texas at Dallas operates as a general academic teaching institution, the board shall establish and operate the institute at the University of North Texas campus at Dallas. (c) The institute is under the supervision and direction of the board. The board shall approve the employment of personnel by and the operating budget of the institute. An employee of the institute is an employee of the university. (d) The institute shall establish a program to: (1) review and analyze all racial profiling data submitted to the institute under Articles 2.132 and 2.134, Code of Criminal Procedure, including a review and analysis of: (A) the discretionary and nondiscretionary motives of law enforcement officers for making traffic stops; and (B) the percentage of persons subjected to traffic stops in each political subdivision of this state who are not residents of that political subdivision; and (2) develop and sponsor training for law enforcement management personnel in: (A) racial profiling prevention; (B) effective recruitment of members of underrepresented racial or ethnic groups as candidates for careers in law enforcement; (C) promotion practices conducive to career advancement of law enforcement officers from underrepresented racial or ethnic groups; (D) community engagement and partnership with neighborhoods or communities inhabited by and businesses owned by members of underrepresented racial or ethnic groups; (E) conflict management in the context of law enforcement agencies, the criminal justice system, and the community, emphasizing crimes and other activities motivated by race, religion, age, gender, or ethnicity; and (F) human resource management issues in law enforcement. (e) The institute shall: (1) not later than July 1 of each year, provide on the university's or institute's Internet website an annual report regarding the results of the institute's examination of racial profiling practices in this state for the preceding year; and (2) not later than November 1 of each even-numbered year, submit to the legislature a report containing any proposals the institute recommends for legislation to reduce or eliminate racial profiling in law enforcement. (f) The board may establish reasonable charges for participation by law enforcement management personnel in institute training programs. The board shall deposit any money from the charges to the credit of the Institute on Race, Crime, and Justice fund described by Subsection (g). (g) The Institute on Race, Crime, and Justice fund is a separate account in the general revenue fund. Money in the account may be used by the board only to establish and operate the institute. Section 403.095(b), Government Code, does not apply to the account. SECTION 2. Articles 2.132(b) and (e), Code of Criminal Procedure, are amended to read as follows: (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; (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, not later than February 15 of each year, [to the governing body of each county or municipality served by the agency] an annual report of the information collected under Subdivision (6): (A) to the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state; and (B) to the Institute on Race, Crime, and Justice established under Section 105.503, Education Code, in a manner approved by the institute. (e) A report required under Subsection (b)(7) must [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, but the identifying information is confidential and may not be released to the public. [This subsection does not affect the collection of information as required by a policy under Subsection (b)(6).] SECTION 3. Articles 2.134(b) and (d), 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 information compiled during the previous calendar year to: (1) the governing body of each county or municipality served by the agency, in a manner approved by the agency; and (2) the Institute on Race, Crime, and Justice established under Section 105.503, Education Code, in a manner approved by the institute. (d) A report required under Subsection (b) must [may not] include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer, but the identifying information is confidential and may not be released to the public. [This subsection does not affect the reporting of information required under Article 2.133(b)(1).] SECTION 4. Article 2.135(a), Code of Criminal Procedure, is amended to read as follows: (a) With respect to pedestrian stops only, a [A] peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make [traffic and] pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make [traffic and] pedestrian stops is equipped with transmitter-activated equipment; and (B) each [traffic and] pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. SECTION 5. 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 INSTITUTE ON RACE, CRIME, AND 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 $0.25 fee 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 6. 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; (5A) a race, crime, and justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.25; and (6) a court cost on conviction in Comal County (Sec. 152.0522, Human Resources Code) . . . $4. SECTION 7. 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 race, crime, and justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.25. SECTION 8. 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; (5A) a race, crime, and justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.25; and (6) a court cost on conviction in Comal County (Sec. 152.0522, Human Resources Code) . . . $1.50. SECTION 9. 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 race, crime, and justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.25. SECTION 10. 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 11. This Act takes effect September 1, 2005.