| 1 | 1 | | By: Blanco S.B. No. 2141 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to motorcycle profiling by peace officers. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 9 | 9 | | amended by adding Article 2.1315 to read as follows: |
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| 10 | 10 | | Art. 2.1315. MOTORCYCLE PROFILING PROHIBITED. (a) In this |
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| 11 | 11 | | article, "motorcycle profiling" means a law enforcement-initiated |
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| 12 | 12 | | action based, in whole or in part, on an individual operating a |
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| 13 | 13 | | motorcycle or wearing motorcycle-related or motorcycle |
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| 14 | 14 | | club-related paraphernalia rather than on the individual's |
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| 15 | 15 | | behavior or on information identifying the individual as having |
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| 16 | 16 | | engaged in criminal activity. |
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| 17 | 17 | | (b) A peace officer may not engage in motorcycle profiling. |
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| 18 | 18 | | SECTION 2. Title 5, Civil Practice and Remedies Code, is |
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| 19 | 19 | | amended by adding Chapter 117 to read as follows: |
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| 20 | 20 | | CHAPTER 117. LIABILITY ARISING FROM CONDUCT OF PEACE OFFICERS OR |
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| 21 | 21 | | LAW ENFORCEMENT ACTIVITIES |
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| 22 | 22 | | Sec. 117.001. MOTORCYCLE PROFILING. (a) An individual |
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| 23 | 23 | | against whom a peace officer has engaged in motorcycle profiling in |
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| 24 | 24 | | violation of Article 2.1315, Code of Criminal Procedure, may bring |
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| 25 | 25 | | an action against the peace officer or the governmental unit |
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| 26 | 26 | | employing the peace officer to recover damages arising from the |
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| 27 | 27 | | motorcycle profiling and for an injunction against future |
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| 28 | 28 | | violations of that article. |
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| 29 | 29 | | (b) An individual who establishes in an action under this |
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| 30 | 30 | | section that a peace officer engaged in motorcycle profiling |
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| 31 | 31 | | against the individual is entitled to recover reasonable attorney's |
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| 32 | 32 | | fees and litigation costs. |
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| 33 | 33 | | (c) A governmental unit is vicariously liable under the |
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| 34 | 34 | | doctrine of respondeat superior for damages arising from motorcycle |
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| 35 | 35 | | profiling engaged in by a peace officer employed by the |
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| 36 | 36 | | governmental unit. |
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| 37 | 37 | | (d) A governmental unit's sovereign or governmental |
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| 38 | 38 | | immunity to suit and from liability is waived to the extent of |
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| 39 | 39 | | liability created by this section. |
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| 40 | 40 | | (e) A peace officer may not assert official immunity as a |
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| 41 | 41 | | defense to liability under this section. |
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| 42 | 42 | | SECTION 3. Chapter 117, Civil Practice and Remedies Code, |
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| 43 | 43 | | as added by this Act, applies only to a cause of action that accrues |
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| 44 | 44 | | on or after the effective date of this Act. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2021. |
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