LEGISLATION
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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