Texas 2023 - 88th Regular

Texas Senate Bill SB616

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to motorcycle profiling by peace officers.

Impact

If passed, SB616 would amend the Code of Criminal Procedure and the Civil Practice and Remedies Code to establish clear legal provisions against motorcycle profiling. Specifically, it would allow individuals who believe they have been subjected to motorcycle profiling to bring civil actions against offending peace officers or their government employers. The bill also includes provisions for recovering attorney's fees and outlines that governmental units will be held liable for such profiling actions committed by their employees. This could lead to significant legal repercussions for law enforcement agencies found to be in violation of this law.

Summary

Senate Bill 616, also known as the Motorcycle Profiling Act, aims to prohibit motorcycle profiling by peace officers in Texas. The bill defines motorcycle profiling as any law enforcement action initiated based on an individual's status as a motorcycle operator or their association with motorcycle-related paraphernalia rather than on their behavior or specific information relating to criminal activity. This legislation seeks to provide fair treatment for motorcyclists and aims to prevent discrimination against them simply for their choice of vehicle or attire.

Sentiment

The sentiment around SB616 has largely been positive among advocacy groups, particularly those representing motorcycle rights, who view the bill as a necessary step towards ensuring equitable treatment under the law. Supporters argue that it addresses a long-standing issue of biased enforcement practices that disproportionately affect motorcycle enthusiasts. However, there are concerns amongst some lawmakers and law enforcement representatives about the practical implications of implementing this law, including potential challenges in training officers and adapting policing strategies.

Contention

Notable points of contention surrounding SB616 include the potential pushback from law enforcement agencies about the feasibility of adhering to the new regulations and the risks of increased litigation as individuals might pursue claims against officers more frequently. Advocates for the bill stress that the intention is not to hinder law enforcement capabilities but to enhance accountability and reduce unjust profiling practices. The discussions within committee meetings illustrate a broader debate on balancing law enforcement authority with civil rights protections, highlighting the challenges lawmakers face in creating effective legislation.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 2. General Duties Of Officers
    • Section: New Section

Civil Practice And Remedies Code

  • Chapter 117. Liability For And Indemnification Of Certain Claims Relating To Enforcement Of Certain Criminal Offenses Involving Illegal Entry Into This State
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

IL HB4966

SPECIALTY PLATE FOR MOTORCYCLE

CA SR41

Relative to motorcycle profiling.

CA AB2972

Vehicles: enforcement: motorcycle profiling.

LA SB276

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CA SB1036

Motorcycles: special plates.

CA SR63

Relative to motorcycle profiling.

CA SCR52

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NM SB236

Look Twice For Motorcycle License Plate