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Amend CSHB 3389 (house committee printing) by adding the
following appropriately numbered SECTIONS and renumbering
subsequent SECTIONS accordingly:
SECTION ____. Article 2.132(b), Code of Criminal Procedure,
is 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 to the Commission on
Law Enforcement Officer Standards and Education, and if the law
enforcement agency is a local law enforcement agency, 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].
SECTION ____. Article 2.134(b), Code of Criminal Procedure,
is 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 March 1 of each year, each [local]
law enforcement agency shall submit a report containing the
information compiled during the previous calendar year to the
Commission on Law Enforcement Officer Standards and Education, and
if the law enforcement agency is a local law enforcement agency, to
the governing body of each county or municipality served by the
agency [in a manner approved by the agency].
SECTION ____. Subchapter D, Chapter 1701, Occupations Code,
is amended by adding Section 1701.163 to read as follows:
Sec. 1701.163. COLLECTION OF INFORMATION REGARDING RACIAL
PROFILING. The commission shall collect and maintain information
submitted to the commission under Article 2.134, Code of Criminal
Procedure.
SECTION ____. Articles 2.132(b) and 2.134(b), Code of
Criminal Procedure, as amended by this Act, apply only to a report
submitted by a law enforcement agency to the Commission on Law
Enforcement Officer Standards and Education or to the governing
body of the applicable political subdivision on or after the
effective date of this Act. A report submitted before the effective
date of this Act is governed by the law in effect when the report was
submitted, and that law is continued in effect for that purpose.