86R1144 JCG-D
By: Blanco H.B. No. 265
A BILL TO BE ENTITLED
AN ACT
relating to the collection and reporting of information from motor
vehicle stops made by law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.132(b), Code of Criminal Procedure, is
amended to read as follows:
(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
compliment and complaint process, including providing the
telephone number, mailing address, and e-mail address to make a
compliment or complaint with respect to each ticket, citation, or
warning issued by a peace officer;
(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 stops in which a ticket, citation, or warning is
issued and to arrests made as a result of those stops, including
information relating to:
(A) the race or ethnicity of the individual
detained;
(B) whether a search was conducted and, if so,
whether the individual detained consented to the search;
(C) whether the peace officer knew the race or
ethnicity of the individual detained before detaining that
individual;
(D) whether the peace officer used physical force
that resulted in bodily injury, as that term is defined by Section
1.07, Penal Code, during the stop;
(E) the location of the stop; [and]
(F) the reason for the stop; and
(G) whether the peace officer inquired as to the
immigration status of the individual detained and, if so, the
reason for the inquiry; and
(7) require the chief administrator of the agency,
regardless of whether the administrator is elected, employed, or
appointed, to submit an annual report of the information collected
under Subdivision (6) to:
(A) the Texas Commission on Law Enforcement; and
(B) the governing body of each county or
municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
SECTION 2. Article 2.133(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A peace officer who stops a motor vehicle for an alleged
violation of a law or ordinance shall report to the law enforcement
agency that employs the officer information relating to the stop,
including:
(1) a physical description of any 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;
(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 of the
contraband or evidence;
(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;
(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;
(8) whether the officer issued a verbal or written
warning or a ticket or citation as a result of the stop; [and]
(9) whether the officer used physical force that
resulted in bodily injury, as that term is defined by Section 1.07,
Penal Code, during the stop; and
(10) whether the peace officer inquired as to the
immigration status of the person detained and, if so, the reason for
the inquiry.
SECTION 3. The requirements of Articles 2.132 and 2.133,
Code of Criminal Procedure, as amended by this Act, apply only to
information collected and reported in connection with a motor
vehicle stop occurring on or after September 1, 2019.
SECTION 4. This Act takes effect September 1, 2019.