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|
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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to reports on racial profiling in connection with motor |
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vehicle stops; providing a penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 2.132, Code of Criminal Procedure, is |
|
amended by amending Subsections (a), (b), (d), and (e) and adding |
|
Subsection (g) 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; |
|
(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 |
|
motor vehicle [traffic] stops in which a citation is issued and to |
|
arrests made as a result of [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 individual [person] detained consented to the search; |
|
and |
|
(7) require the chief administrator of the agency, |
|
regardless of whether the administrator is elected, employed, or |
|
appointed, 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. |
|
(e) A report required under Subsection (b)(7) may not |
|
include identifying information about a peace officer who makes a |
|
motor vehicle [traffic] stop or about an individual who is stopped |
|
or arrested by a peace officer. This subsection does not affect the |
|
collection of information as required by a policy under Subsection |
|
(b)(6). |
|
(g) On notice that a law enforcement agency intentionally |
|
failed to submit a report required under Subsection (b)(7), the |
|
Commission on Law Enforcement Officer Standards and Education shall |
|
begin disciplinary procedures against the chief administrator of |
|
the agency. |
|
SECTION 2. 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 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 3. Article 2.134, Code of Criminal Procedure, is |
|
amended by amending Subsections (a) through (e) and adding |
|
Subsection (g) to read as follows: |
|
(a) In this article, "motor vehicle [pedestrian] stop" has |
|
the meaning assigned by Article 2.132 [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 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 |
|
incident-based data [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]. |
|
(c) A report required under Subsection (b) must be submitted |
|
by the chief administrator of the law enforcement agency, |
|
regardless of whether the administrator is elected, employed, or |
|
appointed, and 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 motor vehicle |
|
[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) may not include |
|
identifying information 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. This subsection does not |
|
affect the reporting of information required under Article |
|
2.133(b)(1). |
|
(e) The Commission on Law Enforcement Officer Standards and |
|
Education, in accordance with Section 1701.162, Occupations Code, |
|
shall develop guidelines for compiling and reporting information as |
|
required by this article. |
|
(g) On notice that a law enforcement agency intentionally |
|
failed to submit a report required under Subsection (b), the |
|
Commission on Law Enforcement Officer Standards and Education shall |
|
begin disciplinary procedures against the chief administrator of |
|
the agency. |
|
SECTION 4. Article 2.135, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND |
|
AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting |
|
requirement under Article 2.133 and the chief administrator of a |
|
law enforcement agency, regardless of whether the administrator is |
|
elected, employed, or appointed, 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 motor vehicle |
|
[traffic and pedestrian] stops is equipped with video camera and |
|
transmitter-activated equipment and each law enforcement |
|
motorcycle regularly used to make motor vehicle [traffic and
|
|
pedestrian] stops is equipped with transmitter-activated |
|
equipment; and |
|
(B) each motor vehicle [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. |
|
(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. |
|
(c) This article does not affect the collection or reporting |
|
requirements under Article 2.132. |
|
(d) In this article, "motor vehicle stop" has the meaning |
|
assigned by Article 2.132. |
|
SECTION 5. Chapter 2, Code of Criminal Procedure, is |
|
amended by adding Article 2.1385 to read as follows: |
|
Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator |
|
of a local law enforcement agency intentionally 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 intentionally 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. |
|
SECTION 6. 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 STATEWIDE |
|
REPOSITORY FOR DATA RELATED TO CIVIL 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 15 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 Civil Justice Data Repository fund |
|
in the general revenue fund, to be used only by the Commission on |
|
Law Enforcement Officer Standards and Education to implement duties |
|
under Section 1701.162, Occupations Code. |
|
(i) Funds collected under this article are subject to audit |
|
by the comptroller. |
|
SECTION 7. (a) Section 102.061, Government Code, as |
|
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th |
|
Legislature, Regular Session, 2007, is amended to conform to the |
|
amendments made to Section 102.061, Government Code, by Chapter |
|
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
|
2007, and is further amended to read as follows: |
|
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
statutory county court shall collect fees and costs under the Code |
|
of Criminal Procedure 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) . . . $25; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a juvenile delinquency prevention and graffiti |
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
$50 [$5]; [and] |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; and |
|
(7) a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.15. |
|
(b) Section 102.061, Government Code, as amended by Chapter |
|
1053, Acts of the 80th Legislature, Regular Session, 2007, is |
|
repealed. Section 102.061, Government Code, as reenacted and |
|
amended by Chapter 921, Acts of the 80th Legislature, Regular |
|
Session, 2007, to reorganize and renumber that section, continues |
|
in effect as further amended by this section. |
|
SECTION 8. (a) Section 102.081, Government Code, as |
|
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, |
|
Regular Session, 2007, is amended to conform to the amendments made |
|
to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), |
|
Acts of the 80th Legislature, Regular Session, 2007, and is further |
|
amended to read as follows: |
|
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure 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) . . . $25; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a juvenile delinquency prevention and graffiti |
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
$50 [$5]; [and] |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; and |
|
(7) a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.15. |
|
(b) Section 102.081, Government Code, as amended by Chapter |
|
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, |
|
2007, is repealed. Section 102.081, Government Code, as amended by |
|
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
Session, 2007, to reorganize and renumber that section, continues |
|
in effect as further amended by this section. |
|
SECTION 9. Section 102.101, Government Code, is amended to |
|
read as follows: |
|
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure 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) . . . $4; |
|
(5) a fee for technology fund on a misdemeanor offense |
|
(Art. 102.0173, Code of Criminal Procedure) . . . $4; |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; |
|
(7) a fee on conviction of certain offenses involving |
|
issuing or passing a subsequently dishonored check (Art. 102.0071, |
|
Code of Criminal Procedure) . . . not to exceed $30; [and] |
|
(8) a court cost on conviction of a Class C misdemeanor |
|
in a county with a population of 3.3 million or more, if authorized |
|
by the county commissioners court (Art. 102.009, Code of Criminal |
|
Procedure) . . . not to exceed $7; and |
|
(9) a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.15. |
|
SECTION 10. Section 102.121, Government Code, is amended to |
|
read as follows: |
|
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. 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; |
|
(5) a fee for technology fund on a misdemeanor offense |
|
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; |
|
[and] |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; and |
|
(7) a civil justice fee (Art. 102.022, Code of |
|
Criminal Procedure) . . . $0.15. |
|
SECTION 11. Subchapter D, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.162 to read as follows: |
|
Sec. 1701.162. COLLECTION OF CERTAIN INCIDENT-BASED DATA |
|
SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall |
|
collect and maintain incident-based data submitted to the |
|
commission under Article 2.134, Code of Criminal Procedure, |
|
including incident-based data compiled by a law enforcement agency |
|
from reports received by the law enforcement agency under Article |
|
2.133 of that code. The commission in consultation with the |
|
Department of Public Safety, the Bill Blackwood Law Enforcement |
|
Management Institute of Texas, and the University of North Texas |
|
shall develop guidelines for submitting in a standard format the |
|
report containing incident-based data as required by Article 2.134, |
|
Code of Criminal Procedure. |
|
SECTION 12. Section 1701.501(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Subsection (d), the commission |
|
shall revoke or suspend a license, place on probation a person whose |
|
license has been suspended, or reprimand a license holder for a |
|
violation of: |
|
(1) this chapter; |
|
(2) the reporting requirements provided by Articles |
|
2.132 and 2.134, Code of Criminal Procedure; or |
|
(3) a commission rule. |
|
SECTION 13. (a) The requirements of Articles 2.132, 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, 2010. |
|
(b) 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 occurred before that date. |
|
SECTION 14. This Act takes effect September 1, 2009. |