2005S0574-1 03/10/05
By: Janek S.B. No. 1565
A BILL TO BE ENTITLED
AN ACT
relating to the collection, retention, and reporting of law
enforcement data relating to traffic and pedestrian stops.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b) and (d), Article 2.132, 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
(C) if a search was conducted, whether the search
was conducted by consent, was incidental to a lawful arrest and
inventory, or was conducted for another reason; and
(7) require the agency to submit to the governing body
of each county or municipality served by the agency and to the
Department of Public Safety, not later than March 1 of each year, 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. The report must be sent to the
Department of Public Safety in a standardized format as developed
by the department.
(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 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 and require that the agency retain the video and
audio or audio documentation of each traffic 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 traffic
or pedestrian stop, the agency shall retain the video and audio or
audio record of the stop until final disposition of the complaint.
SECTION 2. Article 2.133, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.133. DATA COLLECTION AND REPORTS REQUIRED FOR
TRAFFIC [AND PEDESTRIAN] STOPS. (a) In this article, "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 initiates a traffic stop shall
report to the law enforcement agency that employs the officer
information relating to the stop, including:
(1) the race or ethnicity of any individuals detained;
(2) whether a search was conducted; and
(3) if a search was conducted, whether the search was
conducted by consent, was incidental to a lawful arrest and
inventory, or was conducted for another reason.
(c) An agency of a county, municipality, or other political
subdivision of the state must submit to the governing body of each
county or municipality served by the agency and to the Department of
Public Safety, not later than March 1 of each year, an annual report
of the information collected under Subsection (b). The report must
be sent to the Department of Public Safety in a standardized format
as developed by the department.
(d) A report required under Subsection (c) must include:
(1) a comparative analysis of the information compiled
under this article to:
(A) determine the prevalence of racial profiling
by peace officers employed by the agency; and
(B) examine the disposition of traffic 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.
(e) The data collected as a result of the reporting
requirements of this article does not constitute prima facie
evidence of racial profiling[:
[(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 each person 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 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 was discovered in the
course of the search and the type of contraband discovered;
[(5) whether probable cause to search 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 the offense
charged;
[(7) the street address or approximate location of the
stop; and
[(8) whether the officer issued a 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. Article 2.137, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The
Department of Public Safety shall adopt rules for providing funds
or video and audio equipment to law enforcement agencies for the
purpose of installing video and audio equipment in law enforcement
motor vehicles regularly used by an officer employed by the agency
to make traffic stops [as described by Article 2.135(a)(1)(A)],
including specifying criteria to prioritize funding or equipment
provided to law enforcement agencies. The criteria may include
consideration of tax effort, financial hardship, available
revenue, and budget surpluses. The criteria must give priority to:
(1) law enforcement agencies that employ peace
officers whose primary duty is traffic enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with
an institution of higher education to identify law enforcement
agencies that need funds or video and audio equipment for the
purpose of installing video and audio equipment [as described by
Article 2.135(a)(1)(A)]. The collaboration may include the use of
a survey to assist in developing criteria to prioritize funding or
equipment provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the
state for the purpose of installing video and audio equipment [as
described by Article 2.135(a)(1)(A)], the governing body of a
county or municipality, in conjunction with the law enforcement
agency serving the county or municipality, shall certify to the
Department of Public Safety that the law enforcement agency needs
funds or video and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from
the state for the purpose of installing video and audio equipment
[as described by Article 2.135(a)(1)(A)], the governing body of a
county or municipality, in conjunction with the law enforcement
agency serving the county or municipality, shall certify to the
Department of Public Safety that the law enforcement agency has
installed video and audio equipment [as described by Article
2.135(a)(1)(A)] and is using the equipment [as required by Article
2.135(a)(1)].
SECTION 4. Article 2.138, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.138. RULES. The Department of Public Safety may
adopt rules to implement Articles 2.131-2.137, except that no rule
shall be adopted that directly or indirectly requires more data to
be collected than the data required to be reported under Article
2.133.
SECTION 5. Articles 2.134 and 2.135, Code of Criminal
Procedure, are repealed.
SECTION 6. This Act takes effect September 1, 2005.