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A BILL TO BE ENTITLED
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AN ACT
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relating to motorcycle profiling by peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.1315 to read as follows: |
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Art. 2.1315. MOTORCYCLE PROFILING PROHIBITED. (a) In this |
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article: |
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(1) "Law enforcement agency" and "motor vehicle stop" |
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have the meanings assigned by Article 2.132. |
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(2) "Motorcycle profiling" means a law |
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enforcement-initiated action based wholly or partly on an |
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individual operating a motorcycle or wearing motorcycle-related or |
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motorcycle club-related paraphernalia rather than on the |
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individual's behavior or on information identifying the individual |
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as having engaged in criminal activity. The term includes a motor |
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vehicle stop that is made with respect to an individual operating a |
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motorcycle and that the peace officer extends beyond the period |
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necessary to effectuate the purpose of the stop. |
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(b) A peace officer may not engage in motorcycle profiling. |
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(c) Each law enforcement agency in this state shall adopt a |
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detailed written policy on motorcycle profiling. The policy must: |
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(1) clearly define acts constituting motorcycle |
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profiling; |
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(2) strictly prohibit peace officers employed by the |
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agency from engaging in motorcycle profiling; |
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(3) implement a process by which an individual may |
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file a complaint with the agency if the individual believes that a |
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peace officer employed by the agency has engaged in motorcycle |
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profiling with respect to the individual; and |
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(4) require appropriate disciplinary action to be |
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taken against a peace officer employed by the agency who, after an |
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investigation, is shown to have engaged in motorcycle profiling in |
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violation of the agency's policy adopted under this article. |
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SECTION 2. Not later than December 1, 2023, each law |
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enforcement agency in this state shall adopt the policy required by |
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Article 2.1315, Code of Criminal Procedure, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |