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 1-1                                   AN ACT

 1-2     relating to the prevention of racial profiling by certain peace

 1-3     officers.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 2, Code of Criminal Procedure, is amended

 1-6     by adding Articles 2.131 through 2.138 to read as follows:

 1-7           Art. 2.131.  RACIAL PROFILING PROHIBITED.  A peace officer

 1-8     may not engage in racial profiling.

 1-9           Art. 2.132.  LAW ENFORCEMENT POLICY ON RACIAL PROFILING.

1-10     (a)  In this article:

1-11                 (1)  "Law enforcement agency" means an agency of the

1-12     state, or of a county, municipality, or other political subdivision

1-13     of the state, that employs peace officers who make traffic stops in

1-14     the routine performance of the officers' official duties.

1-15                 (2)  "Race or ethnicity" means of a particular descent,

1-16     including Caucasian, African, Hispanic, Asian, or Native American

1-17     descent.

1-18           (b)  Each law enforcement agency in this state shall adopt a

1-19     detailed written policy on racial profiling.  The policy must:

1-20                 (1)  clearly define acts constituting racial profiling;

1-21                 (2)  strictly prohibit peace officers employed by the

1-22     agency from engaging in racial profiling;

1-23                 (3)  implement a process by which an individual may

1-24     file a complaint with the agency if the individual believes that a

1-25     peace officer employed by the agency has engaged in racial

 2-1     profiling with respect to the individual;

 2-2                 (4)  provide public education relating to the agency's

 2-3     complaint process;

 2-4                 (5)  require appropriate corrective action to be taken

 2-5     against a peace officer employed by the agency who, after an

 2-6     investigation, is shown to have engaged in racial profiling in

 2-7     violation of the agency's policy adopted under this article;

 2-8                 (6)  require collection of information relating to

 2-9     traffic stops in which a citation is issued and to arrests

2-10     resulting from those traffic stops, including information relating

2-11     to:

2-12                       (A)  the race or ethnicity of the individual

2-13     detained; and

2-14                       (B)  whether a search was conducted and, if so,

2-15     whether the person detained consented to the search; and

2-16                 (7)  require the agency to submit to the governing body

2-17     of each county or municipality served by the agency an annual

2-18     report of the information collected under Subdivision (6) if the

2-19     agency is an agency of a county, municipality, or other political

2-20     subdivision of the state.

2-21           (c)  The data collected as a result of the reporting

2-22     requirements of this article shall not constitute prima facie

2-23     evidence of racial profiling.

2-24           (d)  On adoption of a policy under Subsection (b), a law

2-25     enforcement agency shall examine the feasibility of installing

2-26     video camera and transmitter-activated equipment in each agency law

 3-1     enforcement motor vehicle regularly used to make traffic stops and

 3-2     transmitter-activated equipment in each agency law enforcement

 3-3     motorcycle regularly used to make traffic stops.  If a law

 3-4     enforcement agency installs video or audio equipment as provided by

 3-5     this subsection, the policy adopted by the agency under Subsection

 3-6     (b) must include standards for reviewing video and audio

 3-7     documentation.

 3-8           (e)  A report required under Subsection (b)(7) may not

 3-9     include identifying information about a peace officer who makes a

3-10     traffic stop or about an individual who is stopped or arrested by a

3-11     peace officer.  This subsection does not affect the collection of

3-12     information as required by a policy under Subsection (b)(6).

3-13           (f)  On the commencement of an investigation by a law

3-14     enforcement agency of a complaint described by Subsection (b)(3) in

3-15     which a video or audio recording of the occurrence on which the

3-16     complaint is based was made, the agency shall promptly provide a

3-17     copy of the recording to the peace officer who is the subject of

3-18     the complaint on written request by the officer.

3-19           Art. 2.133.  REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN

3-20     STOPS.  (a)  In this article:

3-21                 (1)  "Race or ethnicity" has the meaning assigned by

3-22     Article 2.132(a).

3-23                 (2)  "Pedestrian stop" means an interaction between a

3-24     peace officer and an individual who is being detained for the

3-25     purpose of a criminal investigation in which the individual is not

3-26     under arrest.

 4-1           (b)  A peace officer who stops a motor vehicle for an alleged

 4-2     violation of a law or ordinance regulating traffic or who stops a

 4-3     pedestrian for any suspected offense shall report to the law

 4-4     enforcement agency that employs the officer information relating to

 4-5     the stop, including:

 4-6                 (1)  a physical description of each person detained as

 4-7     a result of the stop, including:

 4-8                       (A)  the person's gender; and

 4-9                       (B)  the person's race or ethnicity, as stated by

4-10     the person or, if the person does not state the person's race or

4-11     ethnicity, as determined by the officer to the best of the

4-12     officer's ability;

4-13                 (2)  the traffic law or ordinance alleged to have been

4-14     violated or the suspected offense;

4-15                 (3)  whether the officer conducted a search as a result

4-16     of the stop and, if so, whether the person detained consented to

4-17     the search;

4-18                 (4)  whether any contraband was discovered in the

4-19     course of the search and the type of contraband discovered;

4-20                 (5)  whether probable cause to search existed and the

4-21     facts supporting the existence of that probable cause;

4-22                 (6)  whether the officer made an arrest as a result of

4-23     the stop or the search, including a statement of the offense

4-24     charged;

4-25                 (7)  the street address or approximate location of the

4-26     stop; and

 5-1                 (8)  whether the officer issued a warning or a citation

 5-2     as a result of the stop, including a description of the warning or

 5-3     a statement of the violation charged.

 5-4           Art. 2.134.  COMPILATION AND ANALYSIS OF INFORMATION

 5-5     COLLECTED.  (a)  In this article, "pedestrian stop" means an

 5-6     interaction between a peace officer and an individual who is being

 5-7     detained for the purpose of a criminal investigation in which the

 5-8     individual is not under arrest.

 5-9           (b)  A law enforcement agency shall compile and analyze the

5-10     information contained in each report received by the agency under

5-11     Article 2.133.  Not later than March 1 of each year, each local law

5-12     enforcement agency shall submit a report containing the information

5-13     compiled during the previous calendar year to the governing body of

5-14     each county or municipality served by the agency in a manner

5-15     approved by the agency.

5-16           (c)  A report required under Subsection (b) must include:

5-17                 (1)  a comparative analysis of the information compiled

5-18     under Article 2.133 to:

5-19                       (A)  determine the prevalence of racial profiling

5-20     by peace officers employed by the agency; and

5-21                       (B)  examine the disposition of traffic and

5-22     pedestrian stops made by officers employed by the agency, including

5-23     searches resulting from the stops; and

5-24                 (2)  information relating to each complaint filed with

5-25     the agency alleging that a peace officer employed by the agency has

5-26     engaged in racial profiling.

 6-1           (d)  A report required under Subsection (b) may not include

 6-2     identifying information about a peace officer who makes a traffic

 6-3     or pedestrian stop or about an individual who is stopped or

 6-4     arrested by a peace officer.  This subsection does not affect the

 6-5     reporting of information required under Article 2.133(b)(1).

 6-6           (e)  The Commission on Law Enforcement Officer Standards and

 6-7     Education shall develop guidelines for compiling and reporting

 6-8     information as required by this article.

 6-9           (f)  The data collected as a result of the reporting

6-10     requirements of this article shall not constitute prima facie

6-11     evidence of racial profiling.

6-12           Art. 2.135.  EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO

6-13     EQUIPMENT.  (a)  A peace officer is exempt from the reporting

6-14     requirement under Article 2.133 and a law enforcement agency is

6-15     exempt from the compilation, analysis, and reporting requirements

6-16     under Article 2.134 if:

6-17                 (1)  during the calendar year preceding the date that a

6-18     report under Article 2.134 is required to be submitted:

6-19                       (A)  each law enforcement motor vehicle regularly

6-20     used by an officer employed by the agency to make traffic and

6-21     pedestrian stops is equipped with video camera and

6-22     transmitter-activated equipment and each law enforcement motorcycle

6-23     regularly used to make traffic and pedestrian stops is equipped

6-24     with transmitter-activated equipment; and

6-25                       (B)  each traffic and pedestrian stop made by an

6-26     officer employed by the agency that is capable of being recorded by

 7-1     video and audio or audio equipment, as appropriate, is recorded by

 7-2     using the equipment; or

 7-3                 (2)  the governing body of the county or municipality

 7-4     served by the law enforcement agency, in conjunction with the law

 7-5     enforcement agency, certifies to the Department of Public Safety,

 7-6     not later than the date specified by rule by the department, that

 7-7     the law enforcement agency needs funds or video and audio equipment

 7-8     for the purpose of installing video and audio equipment as

 7-9     described by Subsection (a)(1)(A) and the agency does not receive

7-10     from the state funds or video and audio equipment sufficient, as

7-11     determined by the department, for the agency to accomplish that

7-12     purpose.

7-13           (b)  Except as otherwise provided by this subsection, a law

7-14     enforcement agency that is exempt from the requirements under

7-15     Article 2.134 shall retain the video and audio or audio

7-16     documentation of each traffic and pedestrian stop for at least 90

7-17     days after the date of the stop.  If a complaint is filed with the

7-18     law enforcement agency alleging that a peace officer employed by

7-19     the agency has engaged in racial profiling with respect to a

7-20     traffic or pedestrian stop, the agency shall retain the video and

7-21     audio or audio record of the stop until final disposition of the

7-22     complaint.

7-23           (c)  This article does not affect the collection or reporting

7-24     requirements under Article 2.132.

7-25           Art. 2.136.  LIABILITY.  A peace officer is not liable for

7-26     damages arising from an act relating to the collection or reporting

 8-1     of information as required by Article 2.133 or under a policy

 8-2     adopted under Article 2.132.

 8-3           Art. 2.137.  PROVISION OF FUNDING OR EQUIPMENT.  (a)  The

 8-4     Department of Public Safety shall adopt rules for providing funds

 8-5     or video and audio equipment to law enforcement agencies for the

 8-6     purpose of installing video and audio equipment as described by

 8-7     Article 2.135(a)(1)(A), including specifying criteria to prioritize

 8-8     funding or equipment provided to law enforcement agencies.  The

 8-9     criteria may include consideration of tax effort, financial

8-10     hardship, available revenue, and budget surpluses.  The criteria

8-11     must give priority to:

8-12                 (1)  law enforcement agencies that employ peace

8-13     officers whose primary duty is traffic enforcement;

8-14                 (2)  smaller jurisdictions; and

8-15                 (3)  municipal and county law enforcement agencies.

8-16           (b)  The Department of Public Safety shall collaborate with

8-17     an institution of higher education to identify law enforcement

8-18     agencies that need funds or video and audio equipment for the

8-19     purpose of installing video and audio equipment as described by

8-20     Article 2.135(a)(1)(A).  The collaboration may include the use of a

8-21     survey to assist in developing criteria to prioritize funding or

8-22     equipment provided to law enforcement agencies.

8-23           (c)  To receive funds or video and audio equipment from the

8-24     state for the purpose of installing video and audio equipment as

8-25     described by Article 2.135(a)(1)(A), the governing body of a county

8-26     or municipality, in conjunction with the law enforcement agency

 9-1     serving the county or municipality, shall certify to the Department

 9-2     of Public Safety that the law enforcement agency needs funds or

 9-3     video and audio equipment for that purpose.

 9-4           (d)  On receipt of funds or video and audio equipment from

 9-5     the state for the purpose of installing video and audio equipment

 9-6     as described by Article 2.135(a)(1)(A), the governing body of a

 9-7     county or municipality, in conjunction with the law enforcement

 9-8     agency serving the county or municipality, shall certify to the

 9-9     Department of Public Safety that the law enforcement agency has

9-10     installed video and audio equipment as described by Article

9-11     2.135(a)(1)(A) and is using the equipment as required by Article

9-12     2.135(a)(1).

9-13           Art. 2.138.  RULES.  The Department of Public Safety may

9-14     adopt rules to implement Articles 2.131-2.137.

9-15           SECTION 2.  Chapter 3, Code of Criminal Procedure, is amended

9-16     by adding Article 3.05 to read as follows:

9-17           Art. 3.05.  RACIAL PROFILING.  In this code, "racial

9-18     profiling" means a law enforcement-initiated action based on an

9-19     individual's race, ethnicity, or national origin rather than on the

9-20     individual's behavior or on information identifying the individual

9-21     as having engaged in criminal activity.

9-22           SECTION 3.  Section 96.641, Education Code, is amended by

9-23     adding Subsection (j) to read as follows:

9-24           (j)  As part of the initial training and continuing education

9-25     for police chiefs required under this section, the institute shall

9-26     establish a program on racial profiling.  The program must include

 10-1    an examination of the best practices for:

 10-2                (1)  monitoring peace officers' compliance with laws

 10-3    and internal agency policies relating to racial profiling;

 10-4                (2)  implementing laws and internal agency policies

 10-5    relating to preventing racial profiling; and

 10-6                (3)  analyzing and reporting collected information.

 10-7          SECTION 4.  Section 1701.253, Occupations Code, is amended by

 10-8    adding Subsection (e) to read as follows:

 10-9          (e)  As part of the minimum curriculum requirements, the

10-10    commission shall establish a statewide comprehensive education and

10-11    training program on racial profiling for officers licensed under

10-12    this chapter.  An officer shall complete a program established

10-13    under this subsection not later than the second anniversary of the

10-14    date the officer is licensed under this chapter or the date the

10-15    officer applies for an intermediate proficiency certificate,

10-16    whichever date is earlier.

10-17          SECTION 5.  Section 1701.402, Occupations Code, is amended by

10-18    adding Subsection (d) to read as follows:

10-19          (d)  As a requirement for an intermediate proficiency

10-20    certificate, an officer must complete an education and training

10-21    program on racial profiling established by the commission under

10-22    Section 1701.253(e).

10-23          SECTION 6.  Section 543.202, Transportation Code, is amended

10-24    to read as follows:

10-25          Sec. 543.202.  FORM OF RECORD.  (a)  In this section, "race

10-26    or ethnicity" means of a particular descent, including Caucasian,

 11-1    African, Hispanic, Asian, or Native American descent.

 11-2          (b)  The record must be made on a form or by a data

 11-3    processing method acceptable to the department and must include:

 11-4                (1)  the name, address, physical description, including

 11-5    race or ethnicity, date of birth, and driver's license number of

 11-6    the person charged;

 11-7                (2)  the registration number of the vehicle involved;

 11-8                (3)  whether the vehicle was a commercial motor vehicle

 11-9    as defined by Chapter 522 or was involved in transporting hazardous

11-10    materials;

11-11                (4)  the person's social security number, if the person

11-12    was operating a commercial motor vehicle or was the holder of a

11-13    commercial driver's license or commercial driver learner's permit;

11-14                (5)  the date and nature of the offense, including

11-15    whether the offense was a serious traffic violation as defined by

11-16    Chapter 522;

11-17                (6)  whether a search of the vehicle was conducted and

11-18    whether consent for the search was obtained;

11-19                (7)  the plea, the judgment, and whether bail was

11-20    forfeited;

11-21                (8) [(7)]  the date of conviction; and

11-22                (9) [(8)]  the amount of the fine or forfeiture.

11-23          SECTION 7.  Not later than January 1, 2002, a law enforcement

11-24    agency shall adopt and implement a policy and begin collecting

11-25    information under the policy as required by Article 2.132, Code of

11-26    Criminal Procedure, as added by this Act.  A local law enforcement

 12-1    agency shall first submit information to the governing body of each

 12-2    county or municipality served by the agency as required by Article

 12-3    2.132, Code of Criminal Procedure, as added by this Act, on March

 12-4    1, 2003.  The first submission of information shall consist of

 12-5    information compiled by the agency during the period beginning

 12-6    January 1, 2002, and ending December 31, 2002.

 12-7          SECTION 8.  A local law enforcement agency shall first submit

 12-8    information to the governing body of each county or municipality

 12-9    served by the agency as required by Article 2.134, Code of Criminal

12-10    Procedure, as added by this Act, on March 1, 2004.  The first

12-11    submission of information shall consist of information compiled by

12-12    the agency during the period beginning January 1, 2003, and ending

12-13    December 31, 2003.

12-14          SECTION 9.  Not later than January 1, 2002:

12-15                (1)  the Commission on Law Enforcement Officer

12-16    Standards and Education shall establish an education and training

12-17    program on racial profiling as required by Subsection (e), Section

12-18    1701.253, Occupations Code, as added by this Act; and

12-19                (2)  the Bill Blackwood Law Enforcement Management

12-20    Institute of Texas shall establish a program on racial profiling as

12-21    required by Subsection (j), Section 96.641, Education Code, as

12-22    added by this Act.

12-23          SECTION 10.  A person who on the effective date of this Act

12-24    holds an intermediate proficiency certificate issued by the

12-25    Commission on Law Enforcement Officer Standards and Education or

12-26    has held a peace officer license issued by the Commission on Law

 13-1    Enforcement Officer Standards and Education for at least two years

 13-2    shall complete an education and training program on racial

 13-3    profiling established under Subsection (e), Section 1701.253,

 13-4    Occupations Code, as added by this Act, not later than September 1,

 13-5    2003.

 13-6          SECTION 11.  An individual appointed or elected as a police

 13-7    chief before the effective date of this Act shall complete a

 13-8    program on racial profiling established under Subsection (j),

 13-9    Section 96.641, Education Code, as added by this Act, not later

13-10    than September 1, 2003.

13-11          SECTION 12.  This Act takes effect September 1, 2001.

                                                               S.B. No. 1074

            _______________________________     _______________________________

                President of the Senate              Speaker of the House

                  I hereby certify that S.B. No. 1074 passed the Senate on

            April 4, 2001, by the following vote:  Yeas 28, Nays 2;

            May 21, 2001, Senate refused to concur in House amendments and

            requested appointment of Conference Committee; May 22, 2001, House

            granted request of the Senate; May 24, 2001, Senate adopted

            Conference Committee Report by a viva-voce vote.

                                                _______________________________

                                                    Secretary of the Senate

                  I hereby certify that S.B. No. 1074 passed the House, with

            amendments, on May 15, 2001, by a non-record vote; May 22, 2001,

            House granted request of the Senate for appointment of Conference

            Committee; May 24, 2001, House adopted Conference Committee Report

            by a non-record vote.

                                                _______________________________

                                                    Chief Clerk of the House

            Approved:

            _______________6-14-2001________________

                         Date

            _____________Rick Perry__________________

                       Governor


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