81R8996 KEL-D
By: Coleman H.B. No. 3563
A BILL TO BE ENTITLED
AN ACT
relating to reports on racial profiling in connection with motor
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.