Texas House Bill HB4159

Texas 2017 - 85th Regular

Caption

Relating to interactions between law enforcement and individuals stopped on suspicion of the commission of criminal offenses.

Impact

If enacted, HB 4159 mandates that every law enforcement agency in Texas must adopt a detailed written policy on racial profiling. This includes defining what constitutes racial profiling, implementing a process for individuals to file complaints, and mandating public education regarding these policies. Law enforcement agencies will also be required to collect specific data about every motor vehicle stop, including the race and ethnicity of individuals stopped, whether consent was obtained for searches, and if any physical force was used during the stop. The collected data serves as evidence that may be used in court but is not to be considered prima facie evidence of racial profiling.

Summary

House Bill 4159 aims to modify how law enforcement interacts with individuals suspected of committing crimes, particularly during traffic stops. The bill introduces significant amendments to the Code of Criminal Procedure, specifically prohibiting officers from conducting searches based solely on an individual's consent. Furthermore, it restricts the ability of officers to stop vehicles under the pretext of investigating other penal violations when they observe a traffic law violation. This aims to prevent potential abuses in the use of police powers and reduce racial profiling incidents.

Contention

The bill has faced contention regarding its potential effects on policing practices in Texas. Advocates argue that it represents a significant step toward transparency and accountability in law enforcement, particularly related to racial biases. Critics, however, express concerns that it may impose constraints on police efforts to investigate crimes and maintain public safety. There is a fear that these restrictions could lead to more crime if officers are discouraged from performing stops that could potentially uncover further criminal activity.