Texas 2017 - 85th Regular

Texas House Bill HB4159 Compare Versions

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1	1	By: Coleman H.B. No. 4159
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to interactions between law enforcement and individuals
7	7	stopped on suspicion of the commission of criminal offenses.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 2.13, Code of Criminal Procedure, is
10	10	amended by adding Subsection (d) to read as follows:
11	11	(d) The officer may not:
12	12	(1) conduct a search based solely on a person's consent
13	13	to the search; or
14	14	(2) make a stop for an alleged violation of a traffic
15	15	law or ordinance as a pretext for investigating a violation of
16	16	another penal law.
17	17	SECTION 2. Article 2.132, Code of Criminal Procedure, is
18	18	amended by amending Subsections (b), (c), and (e) and adding
19	19	Subsections (h) and (i) to read as follows:
20	20	(b) Each law enforcement agency in this state shall adopt a
21	21	detailed written policy on racial profiling. The policy must:
22	22	(1) clearly define acts constituting racial
23	23	profiling;
24	24	(2) strictly prohibit peace officers employed by the
25	25	agency from engaging in racial profiling;
26	26	(3) implement a process by which an individual may
27	27	file a complaint with the agency if the individual believes that a
28	28	peace officer employed by the agency has engaged in racial
29	29	profiling with respect to the individual;
30	30	(4) provide public education relating to the agency's
31	31	complaint process, including providing the information regarding
32	32	the complaint process on each ticket, citation, or warning issued
33	33	by a peace officer;
34	34	(5) require appropriate corrective action to be taken
35	35	against a peace officer employed by the agency who, after an
36	36	investigation, is shown to have engaged in racial profiling in
37	37	violation of the agency's policy adopted under this article;
38	38	(6) require collection of information relating to all
39	39	motor vehicle stops [in which a citation is issued and to arrests
40	40	made as a result of those stops], including information relating
41	41	to:
42	42	(A) the race or ethnicity of the individual
43	43	detained;
44	44	(B) whether a search was conducted [and, if so,
45	45	whether the individual detained consented to the search]; and
46	46	(C) whether the peace officer knew the race or
47	47	ethnicity of the individual detained before detaining that
48	48	individual; [and]
49	49	(D) whether the peace officer used physical force
50	50	against anyone during the stop; and
51	51	(7) require the chief administrator of the agency,
52	52	regardless of whether the administrator is elected, employed, or
53	53	appointed, to submit an annual report of the information collected
54	54	under Subdivision (6) to:
55	55	(A) the Texas Commission on Law Enforcement; and
56	56	(B) the governing body of each county or
57	57	municipality served by the agency, if the agency is an agency of a
58	58	county, municipality, or other political subdivision of the state.
59	59	(c) The data collected as a result of the reporting
60	60	requirements of this article shall not constitute prima facie
61	61	evidence of racial profiling but is admissible in a court of law as
62	62	evidence of racial profiling.
63	63	(e) A report required under Subsection (b)(7) may not
64	64	include identifying information about a peace officer who makes a
65	65	motor vehicle stop or about an individual who is stopped or arrested
66	66	by a peace officer. This subsection does not affect the collection
67	67	of information as required by a policy under Subsection (b)(6).
68	68	(h) A law enforcement agency shall review the data collected
69	69	under Subsection (b)(6) to determine whether the number of vehicles
70	70	driven by a member of a particular race or ethnicity stopped by any
71	71	peace officer employed by the agency is disproportionate to the
72	72	population of that race or ethnicity in the county or municipality
73	73	served by the agency.
74	74	(i) If a law enforcement agency determines that the number
75	75	of vehicles driven by a member of a particular race or ethnicity
76	76	stopped by a peace officer is disproportionate, as described by
77	77	Subsection (h), the agency shall conduct an investigation of the
78	78	officer to determine whether the officer routinely stops vehicles
79	79	the drivers of which are members of a particular racial or ethnic
80	80	group for alleged violations of traffic laws or ordinances as a
81	81	pretext for investigating violations of other penal laws.
82	82	SECTION 3. Chapter 2, Code of Criminal Procedure, is
83	83	amended by adding Articles 2.1321 and 2.1322 to read as follows:
84	84	Art. 2.1321. RACIAL PROFILING INVESTIGATIONS. (a) The
85	85	chief administrator of a law enforcement agency, regardless of
86	86	whether the administrator is elected, employed, or appointed, shall
87	87	annually review the data collected by the agency on racial
88	88	profiling to determine if:
89	89	(1) racial profiling is potentially occurring on an
90	90	agency-wide level; or
91	91	(2) an individual peace officer may be engaging in
92	92	racial profiling.
93	93	(b) On a finding by the chief administrator of potential
94	94	racial profiling on an agency-wide basis or by an individual peace
95	95	officer, the agency shall initiate an investigation into the
96	96	potential racial profiling.
97	97	(c) The chief administrator of each law enforcement agency
98	98	shall annually certify to the Texas Commission on Law Enforcement
99	99	that the chief administrator conducted the review required by
100	100	Subsection (a).
101	101	(d) On a finding by the Texas Commission on Law Enforcement
102	102	that the chief administrator of a law enforcement agency
103	103	intentionally failed to conduct a review required by Subsection
104	104	(a), the commission shall begin disciplinary procedures against the
105	105	chief administrator.
106	106	Art. 2.1322. REQUIRED RACIAL PROFILING COUNSELING AND
107	107	TRAINING FOR CERTAIN PEACE OFFICERS. (a) If an investigation
108	108	initiated under Article 2.132 or 2.1321 results in a finding of
109	109	racial profiling, the law enforcement agency shall provide
110	110	appropriate counseling and training to any peace officer found to
111	111	have engaged in racial profiling.
112	112	(b) The counseling and training under Subsection (a) must:
113	113	(1) emphasize understanding and respect for racial and
114	114	cultural differences;
115	115	(2) address racial and cultural biases; and
116	116	(3) include effective, noncombative methods of
117	117	carrying out law enforcement duties in a racially and culturally
118	118	diverse environment.
119	119	(c) If, after a peace officer completes the counseling and
120	120	training under Subsection (a), the officer is again found to have
121	121	engaged in racial profiling, the law enforcement agency shall:
122	122	(1) suspend the officer for not less than six months;
123	123	and
124	124	(2) require the officer to repeat the counseling and
125	125	training under Subsection (a).
126	126	SECTION 4. Article 2.133, Code of Criminal Procedure, is
127	127	amended by amending Subsection (b) and adding Subsection (c) to
128	128	read as follows:
129	129	(b) A peace officer who stops a motor vehicle for an alleged
130	130	violation of a law or ordinance shall report to the law enforcement
131	131	agency that employs the officer information relating to the stop,
132	132	including:
133	133	(1) a physical description of any person operating the
134	134	motor vehicle who is detained as a result of the stop, including:
135	135	(A) the person's gender; and
136	136	(B) the person's race or ethnicity, as stated by
137	137	the person or, if the person does not state the person's race or
138	138	ethnicity, as determined by the officer to the best of the officer's
139	139	ability;
140	140	(2) the initial reason for the stop;
141	141	(3) whether the officer conducted a search as a result
142	142	of the stop [and, if so, whether the person detained consented to
143	143	the search];
144	144	(4) whether any contraband or other evidence was
145	145	discovered in the course of the search and a description of the
146	146	contraband or evidence;
147	147	(5) the reason for the search, including whether:
148	148	(A) any contraband or other evidence was in plain
149	149	view;
150	150	(B) any probable cause or reasonable suspicion
151	151	existed to perform the search; or
152	152	(C) the search was performed as a result of the
153	153	towing of the motor vehicle or the arrest of any person in the motor
154	154	vehicle;
155	155	(6) whether the officer made an arrest as a result of
156	156	the stop or the search, including a statement of whether the arrest
157	157	was based on a violation of the Penal Code, a violation of a traffic
158	158	law or ordinance, or an outstanding warrant and a statement of the
159	159	offense charged;
160	160	(7) the street address or approximate location of the
161	161	stop; [and]
162	162	(8) whether the officer issued a verbal or written
163	163	warning or a citation as a result of the stop; and
164	164	(9) whether the officer used physical force in
165	165	conjunction with the arrest.
166	166	(c) The chief administrator of a law enforcement agency,
167	167	regardless of whether the administrator is elected, employed, or
168	168	appointed, shall make periodic random and unannounced reviews of
169	169	motor vehicle stops by peace officers employed by the agency to
170	170	ensure that the race or ethnicity of the person operating the motor
171	171	vehicle is being properly identified in the report under Subsection
172	172	(b).
173	173	SECTION 5. Articles 2.134(c), (d), and (f), Code of
174	174	Criminal Procedure, are amended to read as follows:
175	175	(c) A report required under Subsection (b) must be submitted
176	176	by the chief administrator of the law enforcement agency,
177	177	regardless of whether the administrator is elected, employed, or
178	178	appointed, and must include:
179	179	(1) a comparative analysis of the information compiled
180	180	under Article 2.133 to:
181	181	(A) evaluate and compare the number of motor
182	182	vehicle stops, within the applicable jurisdiction, of persons who
183	183	are recognized as racial or ethnic minorities and persons who are
184	184	not recognized as racial or ethnic minorities; [and]
185	185	(B) examine the disposition of motor vehicle
186	186	stops made by officers employed by the agency, categorized
187	187	according to the race or ethnicity of the affected persons, as
188	188	appropriate, including any searches resulting from stops within the
189	189	applicable jurisdiction; and
190	190	(C) evaluate and compare the number of searches
191	191	resulting from motor vehicle stops within the applicable
192	192	jurisdiction and whether contraband or other evidence was
193	193	discovered in the course of those searches;
194	194	(2) information relating to each complaint filed with
195	195	the agency alleging that a peace officer employed by the agency has
196	196	engaged in racial profiling; and
197	197	(3) information relating the number of investigations
198	198	initiated under Article 2.1321, and the outcomes of the
199	199	investigations.
200	200	(d) A report required under Subsection (b) may not include
201	201	identifying information about a peace officer who makes a motor
202	202	vehicle stop or about an individual who is stopped or arrested by a
203	203	peace officer. This subsection does not affect the reporting of
204	204	information required under Article 2.133(b)(1).
205	205	(f) The data collected as a result of the reporting
206	206	requirements of this article shall not constitute prima facie
207	207	evidence of racial profiling but is admissible in a court of law as
208	208	evidence of racial profiling.
209	209	SECTION 6. Article 2.1385(a), Code of Criminal Procedure,
210	210	is amended to read as follows:
211	211	(a) If the chief administrator of a local law enforcement
212	212	agency intentionally fails to submit the incident-based data as
213	213	required by Article 2.134, the agency is liable to the state for a
214	214	civil penalty in the amount of $10,000 [$1,000] for each violation.
215	215	The attorney general may sue to collect a civil penalty under this
216	216	subsection.
217	217	SECTION 7. Effective September 1, 2018, Chapter 2, Code of
218	218	Criminal Procedure, is amended by adding Article 2.1386 to read as
219	219	follows:
220	220	Art. 2.1386. MOTOR VEHICLE STOP INVESTIGATIONS. (a) In
221	221	this article, "law enforcement agency" and "motor vehicle stop"
222	222	have the meanings assigned by Article 2.132(a).
223	223	(b) Each law enforcement agency shall adopt and implement a
224	224	detailed written policy regarding the administration of a motor
225	225	vehicle stop investigation in accordance with this article,
226	226	including the administrative penalties for violations of the
227	227	policy. A law enforcement agency may adopt the model policy
228	228	promulgated by the Bill Blackwood Law Enforcement Management
229	229	Institute of Texas or the agency's own policy.
230	230	(c) A peace officer may not:
231	231	(1) conduct a roadside investigation during a motor
232	232	vehicle stop for an offense other than the traffic violation
233	233	without suspicion based on a preponderance of the evidence that the
234	234	driver has committed the other offense;
235	235	(2) continue a roadside investigation during a motor
236	236	vehicle stop into an offense other than the traffic violation after
237	237	the driver has refused to consent to be searched unless the peace
238	238	officer has additional suspicion based on a preponderance of the
239	239	evidence that the driver has committed the other offense; or
240	240	(3) arrest a driver during a motor vehicle stop for a
241	241	traffic violation to conduct a search incident to arrest unless the
242	242	officer has probable cause to believe that the driver has committed
243	243	an offense more serious than a Class C misdemeanor.
244	244	(d) A peace officer who violates Subsection (c) shall be
245	245	subject to an administrative penalty of not less than a one-day
246	246	suspension.
247	247	SECTION 8. Article 3.05, Code of Criminal Procedure, is
248	248	amended to read as follows:
249	249	Art. 3.05. RACIAL PROFILING. (a) In this code, "racial
250	250	profiling" means a law enforcement-initiated action based on an
251	251	individual's race, ethnicity, or national origin rather than on the
252	252	individual's behavior or on information identifying the individual
253	253	as having engaged in criminal activity.
254	254	(b) Racial profiling may be identified through the
255	255	examination of sufficient and evidence-based data analysis.
256	256	SECTION 9. Article 14.06, Code of Criminal Procedure, is
257	257	amended by amending Subsection (b) and adding Subsection (b-1) to
258	258	read as follows:
259	259	(b) A peace officer who is charging a person, including a
260	260	child, with committing an offense that is a [Class C] misdemeanor
261	261	punishable by a fine only, other than an offense under Section
262	262	49.02, Penal Code, or an offense under Chapter 106, Alcoholic
263	263	Beverage Code, shall [may], instead of taking the person before a
264	264	magistrate, issue a citation to the person that contains written
265	265	notice of the time and place the person must appear before a
266	266	magistrate, the name and address of the person charged, the offense
267	267	charged, and the following admonishment, in boldfaced or underlined
268	268	type or in capital letters:
269	269	"If you are convicted of a misdemeanor offense involving
270	270	violence where you are or were a spouse, intimate partner, parent,
271	271	or guardian of the victim or are or were involved in another,
272	272	similar relationship with the victim, it may be unlawful for you to
273	273	possess or purchase a firearm, including a handgun or long gun, or
274	274	ammunition, pursuant to federal law under 18 U.S.C. Section
275	275	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
276	276	questions whether these laws make it illegal for you to possess or
277	277	purchase a firearm, you should consult an attorney."
278	278	(b-1) A peace officer who is charging a person, including a
279	279	child, with committing an offense that is a misdemeanor punishable
280	280	by a fine only under Chapter 106, Alcoholic Beverage Code, may,
281	281	instead of taking the person before a magistrate, issue to the
282	282	person a citation that contains written notice of the time and place
283	283	the person must appear before a magistrate, the name and address of
284	284	the person charged, and the offense charged.
285	285	SECTION 10. Section 543.004(a), Transportation Code, is
286	286	amended to read as follows:
287	287	(a) An officer shall issue a written notice to appear if:
288	288	(1) the offense charged is [speeding or] a misdemeanor
289	289	under this subtitle that is punishable by a fine only [violation of
290	290	the open container law, Section 49.03, Penal Code]; and
291	291	(2) the person makes a written promise to appear in
292	292	court as provided by Section 543.005.
293	293	SECTION 11. Effective January 1, 2018, Subchapter A,
294	294	Chapter 543, Transportation Code, is amended by adding Section
295	295	543.0045 to read as follows:
296	296	Sec. 543.0045. NOTIFICATION REQUIRED DURING TRAFFIC STOP.
297	297	(a) An officer who stops a motor vehicle as a result of a person's
298	298	alleged commission of a misdemeanor under this subtitle that is
299	299	punishable by a fine only shall promptly notify the person that:
300	300	(1) the alleged offense is a misdemeanor under this
301	301	subtitle that is punishable by a fine only; and
302	302	(2) the officer may not arrest a person solely on the
303	303	basis of that offense.
304	304	(b) The Texas Commission on Law Enforcement by rule shall
305	305	specify the language that is required to be included in the
306	306	notification described by Subsection (a).
307	307	SECTION 12. The following provisions of the Code of
308	308	Criminal Procedure are repealed:
309	309	(1) Article 2.135.
310	310	SECTION 13. Article 2.13(d), Code of Criminal Procedure, as
311	311	added by this article, applies only to a motor vehicle stop or
312	312	search that occurs on or after the effective date of this Act.
313	313	SECTION 14. Articles 2.132 and 2.134, Code of Criminal
314	314	Procedure, as amended by this article, apply only to a report
315	315	covering a calendar year beginning on or after January 1, 2018.
316	316	SECTION 15. Articles 2.132(h) and (i), 2.1321, and 2.1322,
317	317	Code of Criminal Procedure, as added by this article, apply to an
318	318	investigation that occurs on or after the effective date of this
319	319	Act, regardless of whether the potential racial profiling occurred
320	320	before, on, or after that date.
321	321	SECTION 16. Not later than September 1, 2018, the Texas
322	322	Commission on Law Enforcement shall evaluate and change the
323	323	guidelines for compiling and reporting information required under
324	324	Article 2.134, Code of Criminal Procedure, as amended by this
325	325	article, to withstand academic scrutiny.
326	326	SECTION 17. (a) Not later than December 31, 2017, the Bill
327	327	Blackwood Law Enforcement Management Institute of Texas, in
328	328	consultation with large, medium, and small law enforcement
329	329	agencies, law enforcement associations, and community
330	330	organizations engaged in the development of law enforcement policy
331	331	on behalf of the public, shall develop, adopt, and disseminate to
332	332	all law enforcement agencies in this state a model policy and
333	333	associated training materials for conducting a motor vehicle stop,
334	334	in accordance with Article 2.1386, Code of Criminal Procedure, as
335	335	added by this article.
336	336	(b) Not later than September 1, 2018, each law enforcement
337	337	agency of this state shall adopt the policy required by Article
338	338	2.1386, Code of Criminal Procedure, as added by this article, if
339	339	applicable.
340	340	SECTION 18. Not later than December 1, 2017, the Texas
341	341	Commission on Law Enforcement shall adopt the rules required by
342	342	Section 543.0045(b), Transportation Code, as added by this article.
343	343	SECTION 19. The changes in law made by this article apply
344	344	only to an offense committed on or after the effective date of this
345	345	Act. An offense committed before the effective date of this Act is
346	346	governed by the law in effect on the date the offense was committed,
347	347	and the former law is continued in effect for that purpose. For
348	348	purposes of this section, an offense was committed before the
349	349	effective date of this article if any element of the offense
350	350	occurred before that date.
351	351	SECTION 20. Except as otherwise provided by this Act, this
352	352	Act takes effect September 1, 2017.