By: West S.B. No. 1503
(In the Senate - Filed March 10, 2005; March 22, 2005, read
first time and referred to Subcommittee on Higher Education;
April 11, 2005, referred to Committee on Criminal Justice;
April 25, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 2; April 25, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1503 By: Ellis
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
certain information regarding racial profiling and to provide
training regarding issues related to law enforcement and certain
underrepresented racial or ethnic groups; providing a penalty.
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 System Center 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 Article 2.134, Code of Criminal
Procedure, including a review and analysis of:
(A) the discretionary and nondiscretionary
actions of law enforcement officers during motor vehicle stops; and
(B) the percentage and number of persons
subjected to motor vehicle 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 coordinate the training program
described by Subsection (d)(2) with the Bill Blackwood Law
Enforcement Management Institute of Texas established under
Section 96.64.
(f) The institute shall:
(1) not later than July 1 of each year, publish on the
institute's Internet website an annual report providing the results
of the institute's examination of racial profiling practices in
this state for the preceding year and an aggregate-level analysis
of the relevant data received from law enforcement agencies; 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.
(g) After the annual report described by Subsection (f)(1)
is published, the institute shall delete all badge numbers and
other similar identifying law enforcement agency numbers from
incident-based data received by the institute on which the annual
report is based.
(h) The institute shall provide to the governing body of the
applicable political subdivision and to the local law enforcement
agency of that subdivision an individualized analysis of the
relevant data provided to the institute by that local law
enforcement agency. On the local law enforcement agency's request,
the institute shall provide to the agency a more detailed or
specialized version of the analysis described by this subsection,
but the law enforcement agency must pay the additional costs
associated with providing the more specialized or detailed report
to the agency under this subsection.
(i) 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 (j).
(j) 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. 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 3. 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 4. Article 2.134, Code of Criminal Procedure, is
amended by amending Subsections (b), (c), (d), and (e) and adding
Subsections (d-1) and (g) to read as follows:
(b) A law enforcement agency shall compile and maintain for
purposes of analysis [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 the incident-based data [a report containing
the information] compiled during the previous calendar year to the
Institute on Race, Crime, and Justice established under Section
105.503, Education Code [governing body of each county or
municipality served by the agency in a manner approved by the
agency].
(c) The incident-based data [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 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) must [may not]
include identifying information, including a badge number or other
unique identifying law enforcement agency number, regarding
[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, but the identifying information is confidential
and may not be released to the public.
(d) A law enforcement agency shall analyze the information
contained in each report received by the agency under Article 2.133
or, if the agency does not elect to perform the analysis, shall
request the Institute on Race, Crime, and Justice to perform the
analysis for the agency. If the law enforcement agency elects to
analyze the information as described by this subsection, the agency
must submit to the institute as part of the required submission
under Subsection (b) all incident-based data, including all
applicable badge numbers and other similar identifying agency
numbers, on which the agency based its analysis. A local law
enforcement agency shall make its analysis under this subsection
available to the governing body of the political subdivision served
by the agency.
(d-1) A law enforcement agency is required to delete all
badge numbers and other similar identifying agency numbers from its
records of incident-based data immediately after the Institute on
Race, Crime, and Justice publishes the annual report based on the
data as required by Section 105.503(f)(1), Education Code [This
subsection does not affect the reporting of information required
under Article 2.133(b)(1)].
(e) The Institute on Race, Crime, and Justice and the
Commission on Law Enforcement Officer Standards and Education
jointly shall develop guidelines for compiling, analyzing, and
submitting in a standard format [reporting] information as required
by this article.
(g) Any peace officer who is disciplined or terminated from
employment based on the data compiled under this article is
entitled to a hearing. The hearing shall be conducted by the State
Office of Administrative Hearings in the manner provided for a
contested case under Chapter 2001, Government Code. The
disciplinary or termination decision is binding during the pendency
of the appeal. This subsection does not apply to a peace officer
employed by a local law enforcement agency who is subject to a
separate formal grievance procedure for decisions relating to the
officer's employment.
SECTION 5. 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 6. 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 7. Chapter 2, Code of Criminal Procedure, is
amended by adding Articles 2.1385 and 2.1386 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.
Art. 2.1386. ADVISORY COMMITTEE. (a) In this article,
"advisory committee" means the Advisory Committee on Race, Crime,
and Justice.
(b) The advisory committee is composed of the presiding
officer of the senate committee having primary jurisdiction over
criminal justice issues or that officer's designee and the
presiding officer of the house of representatives committee having
primary jurisdiction over law enforcement issues or that officer's
designee.
(c) The advisory committee members described by Subsection
(b) shall seek additional members for the committee as follows:
(1) one representative from the Texas Municipal Police
Association;
(2) one representative from the Combined Law
Enforcement Associations of Texas;
(3) one representative from the Texas Police Chiefs
Association;
(4) one representative from the Sheriffs' Association
of Texas;
(5) one representative from the Department of Public
Safety;
(6) one representative from the Bill Blackwood Law
Enforcement Management Institute of Texas;
(7) one representative from the University of North
Texas System Center at Dallas;
(8) one representative from the Commission on Law
Enforcement Officer Standards and Education;
(9) one representative from the American Civil
Liberties Union;
(10) one representative from the National Association
for the Advancement of Colored People; and
(11) one representative from the League of United
Latin American Citizens.
(d) The advisory committee shall meet biennially to study
the issue of racial profiling to include data collection, analysis
of data, law enforcement training, legislative changes, and other
relevant issues.
(e) Not later than November 1 of each even-numbered year,
the advisory committee shall submit to the legislature a report
containing any proposals the committee recommends for legislation
to address any perceived deficiencies in the current racial
profiling laws.
(f) Members of the advisory committee are entitled to
reimbursement of expenses in the manner provided by the General
Appropriations Act.
SECTION 8. 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 fee of 25 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 9. 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 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 10. 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 11. 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 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 12. 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 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 Institute on Race, Crime, and Justice established
under Section 105.503, Education Code, as added by this Act, is
required to submit annual reports under Subdivision (1), Subsection
(f) of that section, beginning July 1, 2007.
(c) 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.
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