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.