Texas 2009 - 81st Regular

Texas Senate Bill SB1120 Compare Versions

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1	1	81R8996 KEL-D
2	2	By: West S.B. No. 1120
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reports on racial profiling in connection with motor
8	8	vehicle stops; providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 2.132, Code of Criminal Procedure, is
11	11	amended by amending Subsections (a), (b), (d), and (e) and adding
12	12	Subsection (g) to read as follows:
13	13	(a) In this article:
14	14	(1) "Law enforcement agency" means an agency of the
15	15	state, or of a county, municipality, or other political subdivision
16	16	of the state, that employs peace officers who make motor vehicle
17	17	[traffic] stops in the routine performance of the officers'
18	18	official duties.
19	19	(2) "Motor vehicle stop" means an occasion in which a
20	20	peace officer stops a motor vehicle for an alleged violation of a
21	21	law or ordinance.
22	22	(3) "Race or ethnicity" means of a particular descent,
23	23	including Caucasian, African, Hispanic, Asian, [or] Native
24	24	American, or Middle Eastern descent.
25	25	(b) Each law enforcement agency in this state shall adopt a
26	26	detailed written policy on racial profiling. The policy must:
27	27	(1) clearly define acts constituting racial
28	28	profiling;
29	29	(2) strictly prohibit peace officers employed by the
30	30	agency from engaging in racial profiling;
31	31	(3) implement a process by which an individual may
32	32	file a complaint with the agency if the individual believes that a
33	33	peace officer employed by the agency has engaged in racial
34	34	profiling with respect to the individual;
35	35	(4) provide public education relating to the agency's
36	36	complaint process;
37	37	(5) require appropriate corrective action to be taken
38	38	against a peace officer employed by the agency who, after an
39	39	investigation, is shown to have engaged in racial profiling in
40	40	violation of the agency's policy adopted under this article;
41	41	(6) require collection of information relating to
42	42	motor vehicle [traffic] stops in which a citation is issued and to
43	43	arrests made as a result of [resulting from] those [traffic] stops,
44	44	including information relating to:
45	45	(A) the race or ethnicity of the individual
46	46	detained; and
47	47	(B) whether a search was conducted and, if so,
48	48	whether the individual [person] detained consented to the search;
49	49	and
50	50	(7) require the chief administrator of the agency,
51	51	regardless of whether the administrator is elected, employed, or
52	52	appointed, to submit to the governing body of each county or
53	53	municipality served by the agency an annual report of the
54	54	information collected under Subdivision (6) if the agency is an
55	55	agency of a county, municipality, or other political subdivision of
56	56	the state.
57	57	(d) On adoption of a policy under Subsection (b), a law
58	58	enforcement agency shall examine the feasibility of installing
59	59	video camera and transmitter-activated equipment in each agency law
60	60	enforcement motor vehicle regularly used to make motor vehicle
61	61	[traffic] stops and transmitter-activated equipment in each agency
62	62	law enforcement motorcycle regularly used to make motor vehicle
63	63	[traffic] stops. If a law enforcement agency installs video or
64	64	audio equipment as provided by this subsection, the policy adopted
65	65	by the agency under Subsection (b) must include standards for
66	66	reviewing video and audio documentation.
67	67	(e) A report required under Subsection (b)(7) may not
68	68	include identifying information about a peace officer who makes a
69	69	motor vehicle [traffic] stop or about an individual who is stopped
70	70	or arrested by a peace officer. This subsection does not affect the
71	71	collection of information as required by a policy under Subsection
72	72	(b)(6).
73	73	(g) On notice that a law enforcement agency intentionally
74	74	failed to submit a report required under Subsection (b)(7), the
75	75	Commission on Law Enforcement Officer Standards and Education shall
76	76	begin disciplinary procedures against the chief administrator of
77	77	the agency.
78	78	SECTION 2. Article 2.133, Code of Criminal Procedure, is
79	79	amended to read as follows:
80	80	Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND
81	81	PEDESTRIAN] STOPS. (a) In this article, "race[:
82	82	[(1) "Race] or ethnicity" has the meaning assigned by
83	83	Article 2.132(a).
84	84	[(2) "Pedestrian stop" means an interaction between a
85	85	peace officer and an individual who is being detained for the
86	86	purpose of a criminal investigation in which the individual is not
87	87	under arrest.]
88	88	(b) A peace officer who stops a motor vehicle for an alleged
89	89	violation of a law or ordinance [regulating traffic or who stops a
90	90	pedestrian for any suspected offense] shall report to the law
91	91	enforcement agency that employs the officer information relating to
92	92	the stop, including:
93	93	(1) a physical description of any [each] person
94	94	operating the motor vehicle who is detained as a result of the stop,
95	95	including:
96	96	(A) the person's gender; and
97	97	(B) the person's race or ethnicity, as stated by
98	98	the person or, if the person does not state the person's race or
99	99	ethnicity, as determined by the officer to the best of the officer's
100	100	ability;
101	101	(2) the initial reason for the stop [traffic law or
102	102	ordinance alleged to have been violated or the suspected offense];
103	103	(3) whether the officer conducted a search as a result
104	104	of the stop and, if so, whether the person detained consented to the
105	105	search;
106	106	(4) whether any contraband or other evidence was
107	107	discovered in the course of the search and a description [the type]
108	108	of the contraband or evidence [discovered];
109	109	(5) the reason for the search, including whether:
110	110	(A) any contraband or other evidence was in plain
111	111	view;
112	112	(B) any probable cause or reasonable suspicion
113	113	existed to perform the search; or
114	114	(C) the search was performed as a result of the
115	115	towing of the motor vehicle or the arrest of any person in the motor
116	116	vehicle [existed and the facts supporting the existence of that
117	117	probable cause];
118	118	(6) whether the officer made an arrest as a result of
119	119	the stop or the search, including a statement of whether the arrest
120	120	was based on a violation of the Penal Code, a violation of a traffic
121	121	law or ordinance, or an outstanding warrant and a statement of the
122	122	offense charged;
123	123	(7) the street address or approximate location of the
124	124	stop; and
125	125	(8) whether the officer issued a written warning or a
126	126	citation as a result of the stop[, including a description of the
127	127	warning or a statement of the violation charged].
128	128	SECTION 3. Article 2.134, Code of Criminal Procedure, is
129	129	amended by amending Subsections (a) through (e) and adding
130	130	Subsection (g) to read as follows:
131	131	(a) In this article, "motor vehicle [pedestrian] stop" has
132	132	the meaning assigned by Article 2.132 [means an interaction between
133	133	a peace officer and an individual who is being detained for the
134	134	purpose of a criminal investigation in which the individual is not
135	135	under arrest].
136	136	(b) A law enforcement agency shall compile and analyze the
137	137	information contained in each report received by the agency under
138	138	Article 2.133. Not later than March 1 of each year, each [local]
139	139	law enforcement agency shall submit a report containing the
140	140	incident-based data [information] compiled during the previous
141	141	calendar year to the Commission on Law Enforcement Officer
142	142	Standards and Education and, if the law enforcement agency is a
143	143	local law enforcement agency, to the governing body of each county
144	144	or municipality served by the agency [in a manner approved by the
145	145	agency].
146	146	(c) A report required under Subsection (b) must be submitted
147	147	by the chief administrator of the law enforcement agency,
148	148	regardless of whether the administrator is elected, employed, or
149	149	appointed, and must include:
150	150	(1) a comparative analysis of the information compiled
151	151	under Article 2.133 to:
152	152	(A) determine the prevalence of racial profiling
153	153	by peace officers employed by the agency; and
154	154	(B) examine the disposition of motor vehicle
155	155	[traffic and pedestrian] stops made by officers employed by the
156	156	agency, including searches resulting from the stops; and
157	157	(2) information relating to each complaint filed with
158	158	the agency alleging that a peace officer employed by the agency has
159	159	engaged in racial profiling.
160	160	(d) A report required under Subsection (b) may not include
161	161	identifying information about a peace officer who makes a motor
162	162	vehicle [traffic or pedestrian] stop or about an individual who is
163	163	stopped or arrested by a peace officer. This subsection does not
164	164	affect the reporting of information required under Article
165	165	2.133(b)(1).
166	166	(e) The Commission on Law Enforcement Officer Standards and
167	167	Education, in accordance with Section 1701.162, Occupations Code,
168	168	shall develop guidelines for compiling and reporting information as
169	169	required by this article.
170	170	(g) On notice that a law enforcement agency intentionally
171	171	failed to submit a report required under Subsection (b), the
172	172	Commission on Law Enforcement Officer Standards and Education shall
173	173	begin disciplinary procedures against the chief administrator of
174	174	the agency.
175	175	SECTION 4. Article 2.135, Code of Criminal Procedure, is
176	176	amended to read as follows:
177	177	Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND
178	178	AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting
179	179	requirement under Article 2.133 and the chief administrator of a
180	180	law enforcement agency, regardless of whether the administrator is
181	181	elected, employed, or appointed, is exempt from the compilation,
182	182	analysis, and reporting requirements under Article 2.134 if:
183	183	(1) during the calendar year preceding the date that a
184	184	report under Article 2.134 is required to be submitted:
185	185	(A) each law enforcement motor vehicle regularly
186	186	used by an officer employed by the agency to make motor vehicle
187	187	[traffic and pedestrian] stops is equipped with video camera and
188	188	transmitter-activated equipment and each law enforcement
189	189	motorcycle regularly used to make motor vehicle [traffic and
190	190	pedestrian] stops is equipped with transmitter-activated
191	191	equipment; and
192	192	(B) each motor vehicle [traffic and pedestrian]
193	193	stop made by an officer employed by the agency that is capable of
194	194	being recorded by video and audio or audio equipment, as
195	195	appropriate, is recorded by using the equipment; or
196	196	(2) the governing body of the county or municipality
197	197	served by the law enforcement agency, in conjunction with the law
198	198	enforcement agency, certifies to the Department of Public Safety,
199	199	not later than the date specified by rule by the department, that
200	200	the law enforcement agency needs funds or video and audio equipment
201	201	for the purpose of installing video and audio equipment as
202	202	described by Subsection (a)(1)(A) and the agency does not receive
203	203	from the state funds or video and audio equipment sufficient, as
204	204	determined by the department, for the agency to accomplish that
205	205	purpose.
206	206	(b) Except as otherwise provided by this subsection, a law
207	207	enforcement agency that is exempt from the requirements under
208	208	Article 2.134 shall retain the video and audio or audio
209	209	documentation of each motor vehicle [traffic and pedestrian] stop
210	210	for at least 90 days after the date of the stop. If a complaint is
211	211	filed with the law enforcement agency alleging that a peace officer
212	212	employed by the agency has engaged in racial profiling with respect
213	213	to a motor vehicle [traffic or pedestrian] stop, the agency shall
214	214	retain the video and audio or audio record of the stop until final
215	215	disposition of the complaint.
216	216	(c) This article does not affect the collection or reporting
217	217	requirements under Article 2.132.
218	218	(d) In this article, "motor vehicle stop" has the meaning
219	219	assigned by Article 2.132.
220	220	SECTION 5. Chapter 2, Code of Criminal Procedure, is
221	221	amended by adding Article 2.1385 to read as follows:
222	222	Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator
223	223	of a local law enforcement agency intentionally fails to submit the
224	224	incident-based data as required by Article 2.134, the agency is
225	225	liable to the state for a civil penalty in the amount of $1,000 for
226	226	each violation. The attorney general may sue to collect a civil
227	227	penalty under this subsection.
228	228	(b) From money appropriated to the agency for the
229	229	administration of the agency, the executive director of a state law
230	230	enforcement agency that intentionally fails to submit the
231	231	incident-based data as required by Article 2.134 shall remit to the
232	232	comptroller the amount of $1,000 for each violation.
233	233	(c) Money collected under this article shall be deposited in
234	234	the state treasury to the credit of the general revenue fund.
235	235	SECTION 6. Subchapter A, Chapter 102, Code of Criminal
236	236	Procedure, is amended by adding Article 102.022 to read as follows:
237	237	Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE
238	238	REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article,
239	239	"moving violation" means an offense that:
240	240	(1) involves the operation of a motor vehicle; and
241	241	(2) is classified as a moving violation by the
242	242	Department of Public Safety under Section 708.052, Transportation
243	243	Code.
244	244	(b) A defendant convicted of a moving violation in a justice
245	245	court, county court, county court at law, or municipal court shall
246	246	pay a fee of 15 cents as a cost of court.
247	247	(c) In this article, a person is considered convicted if:
248	248	(1) a sentence is imposed on the person;
249	249	(2) the person receives community supervision,
250	250	including deferred adjudication; or
251	251	(3) the court defers final disposition of the person's
252	252	case.
253	253	(d) The clerks of the respective courts shall collect the
254	254	costs described by this article. The clerk shall keep separate
255	255	records of the funds collected as costs under this article and shall
256	256	deposit the funds in the county or municipal treasury, as
257	257	appropriate.
258	258	(e) The custodian of a county or municipal treasury shall:
259	259	(1) keep records of the amount of funds on deposit
260	260	collected under this article; and
261	261	(2) send to the comptroller before the last day of the
262	262	first month following each calendar quarter the funds collected
263	263	under this article during the preceding quarter.
264	264	(f) A county or municipality may retain 10 percent of the
265	265	funds collected under this article by an officer of the county or
266	266	municipality as a collection fee if the custodian of the county or
267	267	municipal treasury complies with Subsection (e).
268	268	(g) If no funds due as costs under this article are
269	269	deposited in a county or municipal treasury in a calendar quarter,
270	270	the custodian of the treasury shall file the report required for the
271	271	quarter in the regular manner and must state that no funds were
272	272	collected.
273	273	(h) The comptroller shall deposit the funds received under
274	274	this article to the credit of the Civil Justice Data Repository fund
275	275	in the general revenue fund, to be used only by the Commission on
276	276	Law Enforcement Officer Standards and Education to implement duties
277	277	under Section 1701.162, Occupations Code.
278	278	(i) Funds collected under this article are subject to audit
279	279	by the comptroller.
280	280	SECTION 7. (a) Section 102.061, Government Code, as
281	281	reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
282	282	Legislature, Regular Session, 2007, is amended to conform to the
283	283	amendments made to Section 102.061, Government Code, by Chapter
284	284	1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
285	285	2007, and is further amended to read as follows:
286	286	Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
287	287	STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
288	288	statutory county court shall collect fees and costs under the Code
289	289	of Criminal Procedure on conviction of a defendant as follows:
290	290	(1) a jury fee (Art. 102.004, Code of Criminal
291	291	Procedure) . . . $20;
292	292	(2) a fee for services of the clerk of the court (Art.
293	293	102.005, Code of Criminal Procedure) . . . $40;
294	294	(3) a records management and preservation services fee
295	295	(Art. 102.005, Code of Criminal Procedure) . . . $25;
296	296	(4) a security fee on a misdemeanor offense (Art.
297	297	102.017, Code of Criminal Procedure) . . . $3;
298	298	(5) a juvenile delinquency prevention and graffiti
299	299	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
300	300	$50 [$5]; [and]
301	301	(6) a juvenile case manager fee (Art. 102.0174, Code
302	302	of Criminal Procedure) . . . not to exceed $5; and
303	303	(7) a civil justice fee (Art. 102.022, Code of
304	304	Criminal Procedure) . . . $0.15.
305	305	(b) Section 102.061, Government Code, as amended by Chapter
306	306	1053, Acts of the 80th Legislature, Regular Session, 2007, is
307	307	repealed. Section 102.061, Government Code, as reenacted and
308	308	amended by Chapter 921, Acts of the 80th Legislature, Regular
309	309	Session, 2007, to reorganize and renumber that section, continues
310	310	in effect as further amended by this section.
311	311	SECTION 8. (a) Section 102.081, Government Code, as
312	312	amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
313	313	Regular Session, 2007, is amended to conform to the amendments made
314	314	to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
315	315	Acts of the 80th Legislature, Regular Session, 2007, and is further
316	316	amended to read as follows:
317	317	Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
318	318	COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
319	319	court shall collect fees and costs under the Code of Criminal
320	320	Procedure on conviction of a defendant as follows:
321	321	(1) a jury fee (Art. 102.004, Code of Criminal
322	322	Procedure) . . . $20;
323	323	(2) a fee for clerk of the court services (Art.
324	324	102.005, Code of Criminal Procedure) . . . $40;
325	325	(3) a records management and preservation services fee
326	326	(Art. 102.005, Code of Criminal Procedure) . . . $25;
327	327	(4) a security fee on a misdemeanor offense (Art.
328	328	102.017, Code of Criminal Procedure) . . . $3;
329	329	(5) a juvenile delinquency prevention and graffiti
330	330	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
331	331	$50 [$5]; [and]
332	332	(6) a juvenile case manager fee (Art. 102.0174, Code
333	333	of Criminal Procedure) . . . not to exceed $5; and
334	334	(7) a civil justice fee (Art. 102.022, Code of
335	335	Criminal Procedure) . . . $0.15.
336	336	(b) Section 102.081, Government Code, as amended by Chapter
337	337	1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
338	338	2007, is repealed. Section 102.081, Government Code, as amended by
339	339	Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
340	340	Session, 2007, to reorganize and renumber that section, continues
341	341	in effect as further amended by this section.
342	342	SECTION 9. Section 102.101, Government Code, is amended to
343	343	read as follows:
344	344	Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
345	345	JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
346	346	court shall collect fees and costs under the Code of Criminal
347	347	Procedure on conviction of a defendant as follows:
348	348	(1) a jury fee (Art. 102.004, Code of Criminal
349	349	Procedure) . . . $3;
350	350	(2) a fee for withdrawing request for jury less than 24
351	351	hours before time of trial (Art. 102.004, Code of Criminal
352	352	Procedure) . . . $3;
353	353	(3) a jury fee for two or more defendants tried jointly
354	354	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
355	355	(4) a security fee on a misdemeanor offense (Art.
356	356	102.017, Code of Criminal Procedure) . . . $4;
357	357	(5) a fee for technology fund on a misdemeanor offense
358	358	(Art. 102.0173, Code of Criminal Procedure) . . . $4;
359	359	(6) a juvenile case manager fee (Art. 102.0174, Code
360	360	of Criminal Procedure) . . . not to exceed $5;
361	361	(7) a fee on conviction of certain offenses involving
362	362	issuing or passing a subsequently dishonored check (Art. 102.0071,
363	363	Code of Criminal Procedure) . . . not to exceed $30; [and]
364	364	(8) a court cost on conviction of a Class C misdemeanor
365	365	in a county with a population of 3.3 million or more, if authorized
366	366	by the county commissioners court (Art. 102.009, Code of Criminal
367	367	Procedure) . . . not to exceed $7; and
368	368	(9) a civil justice fee (Art. 102.022, Code of
369	369	Criminal Procedure) . . . $0.15.
370	370	SECTION 10. Section 102.121, Government Code, is amended to
371	371	read as follows:
372	372	Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
373	373	MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
374	374	municipal court shall collect fees and costs on conviction of a
375	375	defendant as follows:
376	376	(1) a jury fee (Art. 102.004, Code of Criminal
377	377	Procedure) . . . $3;
378	378	(2) a fee for withdrawing request for jury less than 24
379	379	hours before time of trial (Art. 102.004, Code of Criminal
380	380	Procedure) . . . $3;
381	381	(3) a jury fee for two or more defendants tried jointly
382	382	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
383	383	(4) a security fee on a misdemeanor offense (Art.
384	384	102.017, Code of Criminal Procedure) . . . $3;
385	385	(5) a fee for technology fund on a misdemeanor offense
386	386	(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
387	387	[and]
388	388	(6) a juvenile case manager fee (Art. 102.0174, Code
389	389	of Criminal Procedure) . . . not to exceed $5; and
390	390	(7) a civil justice fee (Art. 102.022, Code of
391	391	Criminal Procedure) . . . $0.15.
392	392	SECTION 11. Subchapter D, Chapter 1701, Occupations Code,
393	393	is amended by adding Section 1701.162 to read as follows:
394	394	Sec. 1701.162. COLLECTION OF CERTAIN INCIDENT-BASED DATA
395	395	SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
396	396	collect and maintain incident-based data submitted to the
397	397	commission under Article 2.134, Code of Criminal Procedure,
398	398	including incident-based data compiled by a law enforcement agency
399	399	from reports received by the law enforcement agency under Article
400	400	2.133 of that code. The commission in consultation with the
401	401	Department of Public Safety, the Bill Blackwood Law Enforcement
402	402	Management Institute of Texas, and the University of North Texas
403	403	shall develop guidelines for submitting in a standard format the
404	404	report containing incident-based data as required by Article 2.134,
405	405	Code of Criminal Procedure.
406	406	SECTION 12. Section 1701.501(a), Occupations Code, is
407	407	amended to read as follows:
408	408	(a) Except as provided by Subsection (d), the commission
409	409	shall revoke or suspend a license, place on probation a person whose
410	410	license has been suspended, or reprimand a license holder for a
411	411	violation of:
412	412	(1) this chapter;
413	413	(2) the reporting requirements provided by Articles
414	414	2.132 and 2.134, Code of Criminal Procedure; or
415	415	(3) a commission rule.
416	416	SECTION 13. (a) The requirements of Articles 2.132, 2.133,
417	417	and 2.134, Code of Criminal Procedure, as amended by this Act,
418	418	relating to the compilation, analysis, and submission of
419	419	incident-based data apply only to information based on a motor
420	420	vehicle stop occurring on or after January 1, 2010.
421	421	(b) The imposition of a cost of court under Article 102.022,
422	422	Code of Criminal Procedure, as added by this Act, applies only to an
423	423	offense committed on or after the effective date of this Act. An
424	424	offense committed before the effective date of this Act is covered
425	425	by the law in effect when the offense was committed, and the former
426	426	law is continued in effect for that purpose. For purposes of this
427	427	section, an offense was committed before the effective date of this
428	428	Act if any element of the offense occurred before that date.
429	429	SECTION 14. This Act takes effect September 1, 2009.