89R975 JDK-F
By: VanDeaver H.B. No. 1108
A BILL TO BE ENTITLED
AN ACT
relating to motorcycle profiling by peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2B, Code of Criminal Procedure, is
amended by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. MOTORCYCLE PROFILING
Art. 2B.0081. DEFINITIONS. In this subchapter:
(1) "Law enforcement agency" has the meaning assigned
by Article 2B.0053.
(2) "Motor vehicle stop" has the meaning assigned by
Article 2B.0051.
(3) "Motorcycle profiling" means a law
enforcement-initiated action based wholly or partly on an
individual operating a motorcycle or wearing motorcycle-related or
motorcycle club-related paraphernalia rather than on the
individual's behavior or on information identifying the individual
as having engaged in criminal activity. The term includes a motor
vehicle stop that is made with respect to an individual operating a
motorcycle and that the peace officer extends beyond the period
necessary to effectuate the purpose of the stop.
Art. 2B.0082. MOTORCYCLE PROFILING PROHIBITED. A peace
officer may not engage in motorcycle profiling.
Art. 2B.0083. LAW ENFORCEMENT POLICY ON MOTORCYCLE
PROFILING. Each law enforcement agency in this state shall adopt a
detailed written policy on motorcycle profiling. The policy must:
(1) clearly define acts constituting motorcycle
profiling;
(2) strictly prohibit peace officers employed by the
agency from engaging in motorcycle 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 motorcycle
profiling with respect to the individual; and
(4) require the agency employing a peace officer to
take appropriate corrective action against the peace officer after
an investigation shows that the peace officer has engaged in
motorcycle profiling in violation of the agency's policy adopted
under this article.
SECTION 2. Not later than December 1, 2025, each law
enforcement agency in this state shall adopt the policy required by
Article 2B.0083, Code of Criminal Procedure, as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.