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.