| 1 | 1 | | 88R434 SCP-F |
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| 2 | 2 | | By: González of El Paso H.B. No. 258 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to motorcycle profiling by peace officers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Article 2.1315 to read as follows: |
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| 11 | 11 | | Art. 2.1315. MOTORCYCLE PROFILING PROHIBITED. (a) In this |
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| 12 | 12 | | article: |
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| 13 | 13 | | (1) "Law enforcement agency" and "motor vehicle stop" |
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| 14 | 14 | | have the meanings assigned by Article 2.132. |
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| 15 | 15 | | (2) "Motorcycle profiling" means a law |
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| 16 | 16 | | enforcement-initiated action based wholly or partly on an |
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| 17 | 17 | | individual operating a motorcycle or wearing motorcycle-related or |
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| 18 | 18 | | motorcycle club-related paraphernalia rather than on the |
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| 19 | 19 | | individual's behavior or on information identifying the individual |
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| 20 | 20 | | as having engaged in criminal activity. The term includes a motor |
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| 21 | 21 | | vehicle stop that is made with respect to an individual operating a |
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| 22 | 22 | | motorcycle and that the peace officer extends beyond the period |
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| 23 | 23 | | necessary to effectuate the purpose of the stop. |
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| 24 | 24 | | (b) A peace officer may not engage in motorcycle profiling. |
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| 25 | 25 | | (c) Each law enforcement agency in this state shall adopt a |
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| 26 | 26 | | detailed written policy on motorcycle profiling. The policy must: |
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| 27 | 27 | | (1) clearly define acts constituting motorcycle |
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| 28 | 28 | | profiling; |
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| 29 | 29 | | (2) strictly prohibit peace officers employed by the |
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| 30 | 30 | | agency from engaging in motorcycle profiling; |
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| 31 | 31 | | (3) implement a process by which an individual may |
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| 32 | 32 | | file a complaint with the agency if the individual believes that a |
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| 33 | 33 | | peace officer employed by the agency has engaged in motorcycle |
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| 34 | 34 | | profiling with respect to the individual; and |
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| 35 | 35 | | (4) require appropriate disciplinary action to be |
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| 36 | 36 | | taken against a peace officer employed by the agency who, after an |
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| 37 | 37 | | investigation, is shown to have engaged in motorcycle profiling in |
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| 38 | 38 | | violation of the agency's policy adopted under this article. |
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| 39 | 39 | | SECTION 2. Not later than December 1, 2023, each law |
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| 40 | 40 | | enforcement agency in this state shall adopt the policy required by |
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| 41 | 41 | | Article 2.1315, Code of Criminal Procedure, as added by this Act. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2023. |
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