Texas 2019 - 86th Regular

Texas House Bill HB265 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1144 JCG-D
2	2	By: Blanco H.B. No. 265
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the collection and reporting of information from motor
8	8	vehicle stops made by law enforcement.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 2.132(b), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(b) Each law enforcement agency in this state shall adopt a
13	13	detailed written policy on racial profiling. The policy must:
14	14	(1) clearly define acts constituting racial
15	15	profiling;
16	16	(2) strictly prohibit peace officers employed by the
17	17	agency from engaging in racial profiling;
18	18	(3) implement a process by which an individual may
19	19	file a complaint with the agency if the individual believes that a
20	20	peace officer employed by the agency has engaged in racial
21	21	profiling with respect to the individual;
22	22	(4) provide public education relating to the agency's
23	23	compliment and complaint process, including providing the
24	24	telephone number, mailing address, and e-mail address to make a
25	25	compliment or complaint with respect to each ticket, citation, or
26	26	warning issued by a peace officer;
27	27	(5) require appropriate corrective action to be taken
28	28	against a peace officer employed by the agency who, after an
29	29	investigation, is shown to have engaged in racial profiling in
30	30	violation of the agency's policy adopted under this article;
31	31	(6) require collection of information relating to
32	32	motor vehicle stops in which a ticket, citation, or warning is
33	33	issued and to arrests made as a result of those stops, including
34	34	information relating to:
35	35	(A) the race or ethnicity of the individual
36	36	detained;
37	37	(B) whether a search was conducted and, if so,
38	38	whether the individual detained consented to the search;
39	39	(C) whether the peace officer knew the race or
40	40	ethnicity of the individual detained before detaining that
41	41	individual;
42	42	(D) whether the peace officer used physical force
43	43	that resulted in bodily injury, as that term is defined by Section
44	44	1.07, Penal Code, during the stop;
45	45	(E) the location of the stop; [and]
46	46	(F) the reason for the stop; and
47	47	(G) whether the peace officer inquired as to the
48	48	immigration status of the individual detained and, if so, the
49	49	reason for the inquiry; 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 an annual report of the information collected
53	53	under Subdivision (6) to:
54	54	(A) the Texas Commission on Law Enforcement; and
55	55	(B) the governing body of each county or
56	56	municipality served by the agency, if the agency is an agency of a
57	57	county, municipality, or other political subdivision of the state.
58	58	SECTION 2. Article 2.133(b), Code of Criminal Procedure, is
59	59	amended to read as follows:
60	60	(b) A peace officer who stops a motor vehicle for an alleged
61	61	violation of a law or ordinance shall report to the law enforcement
62	62	agency that employs the officer information relating to the stop,
63	63	including:
64	64	(1) a physical description of any person operating the
65	65	motor vehicle who is detained as a result of the stop, including:
66	66	(A) the person's gender; and
67	67	(B) the person's race or ethnicity, as stated by
68	68	the person or, if the person does not state the person's race or
69	69	ethnicity, as determined by the officer to the best of the officer's
70	70	ability;
71	71	(2) the initial reason for the stop;
72	72	(3) whether the officer conducted a search as a result
73	73	of the stop and, if so, whether the person detained consented to the
74	74	search;
75	75	(4) whether any contraband or other evidence was
76	76	discovered in the course of the search and a description of the
77	77	contraband or evidence;
78	78	(5) the reason for the search, including whether:
79	79	(A) any contraband or other evidence was in plain
80	80	view;
81	81	(B) any probable cause or reasonable suspicion
82	82	existed to perform the search; or
83	83	(C) the search was performed as a result of the
84	84	towing of the motor vehicle or the arrest of any person in the motor
85	85	vehicle;
86	86	(6) whether the officer made an arrest as a result of
87	87	the stop or the search, including a statement of whether the arrest
88	88	was based on a violation of the Penal Code, a violation of a traffic
89	89	law or ordinance, or an outstanding warrant and a statement of the
90	90	offense charged;
91	91	(7) the street address or approximate location of the
92	92	stop;
93	93	(8) whether the officer issued a verbal or written
94	94	warning or a ticket or citation as a result of the stop; [and]
95	95	(9) whether the officer used physical force that
96	96	resulted in bodily injury, as that term is defined by Section 1.07,
97	97	Penal Code, during the stop; and
98	98	(10) whether the peace officer inquired as to the
99	99	immigration status of the person detained and, if so, the reason for
100	100	the inquiry.
101	101	SECTION 3. The requirements of Articles 2.132 and 2.133,
102	102	Code of Criminal Procedure, as amended by this Act, apply only to
103	103	information collected and reported in connection with a motor
104	104	vehicle stop occurring on or after September 1, 2019.
105	105	SECTION 4. This Act takes effect September 1, 2019.