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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 2B, Code of Criminal Procedure, is |
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amended by adding Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. MOTORCYCLE PROFILING |
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Art. 2B.0081. DEFINITIONS. In this subchapter: |
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(1) "Law enforcement agency" has the meaning assigned |
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by Article 2B.0053. |
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(2) "Motor vehicle stop" has the meaning assigned by |
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Article 2B.0051. |
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(3) "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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Art. 2B.0082. MOTORCYCLE PROFILING PROHIBITED. A peace |
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officer may not engage in motorcycle profiling. |
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Art. 2B.0083. LAW ENFORCEMENT POLICY ON MOTORCYCLE |
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PROFILING. 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 the agency employing a peace officer to |
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take appropriate corrective action against the peace officer after |
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an investigation shows that the peace officer has engaged in |
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motorcycle profiling in violation of the agency's policy adopted |
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under this article. |
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SECTION 2. Not later than December 1, 2025, each law |
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enforcement agency in this state shall adopt the policy required by |
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Article 2B.0083, Code of Criminal Procedure, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |