| 1 | 1 | | 89R975 JDK-F |
|---|
| 2 | 2 | | By: VanDeaver H.B. No. 1108 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to motorcycle profiling by peace officers. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 2B, Code of Criminal Procedure, is |
|---|
| 12 | 12 | | amended by adding Subchapter B-1 to read as follows: |
|---|
| 13 | 13 | | SUBCHAPTER B-1. MOTORCYCLE PROFILING |
|---|
| 14 | 14 | | Art. 2B.0081. DEFINITIONS. In this subchapter: |
|---|
| 15 | 15 | | (1) "Law enforcement agency" has the meaning assigned |
|---|
| 16 | 16 | | by Article 2B.0053. |
|---|
| 17 | 17 | | (2) "Motor vehicle stop" has the meaning assigned by |
|---|
| 18 | 18 | | Article 2B.0051. |
|---|
| 19 | 19 | | (3) "Motorcycle profiling" means a law |
|---|
| 20 | 20 | | enforcement-initiated action based wholly or partly on an |
|---|
| 21 | 21 | | individual operating a motorcycle or wearing motorcycle-related or |
|---|
| 22 | 22 | | motorcycle club-related paraphernalia rather than on the |
|---|
| 23 | 23 | | individual's behavior or on information identifying the individual |
|---|
| 24 | 24 | | as having engaged in criminal activity. The term includes a motor |
|---|
| 25 | 25 | | vehicle stop that is made with respect to an individual operating a |
|---|
| 26 | 26 | | motorcycle and that the peace officer extends beyond the period |
|---|
| 27 | 27 | | necessary to effectuate the purpose of the stop. |
|---|
| 28 | 28 | | Art. 2B.0082. MOTORCYCLE PROFILING PROHIBITED. A peace |
|---|
| 29 | 29 | | officer may not engage in motorcycle profiling. |
|---|
| 30 | 30 | | Art. 2B.0083. LAW ENFORCEMENT POLICY ON MOTORCYCLE |
|---|
| 31 | 31 | | PROFILING. Each law enforcement agency in this state shall adopt a |
|---|
| 32 | 32 | | detailed written policy on motorcycle profiling. The policy must: |
|---|
| 33 | 33 | | (1) clearly define acts constituting motorcycle |
|---|
| 34 | 34 | | profiling; |
|---|
| 35 | 35 | | (2) strictly prohibit peace officers employed by the |
|---|
| 36 | 36 | | agency from engaging in motorcycle profiling; |
|---|
| 37 | 37 | | (3) implement a process by which an individual may |
|---|
| 38 | 38 | | file a complaint with the agency if the individual believes that a |
|---|
| 39 | 39 | | peace officer employed by the agency has engaged in motorcycle |
|---|
| 40 | 40 | | profiling with respect to the individual; and |
|---|
| 41 | 41 | | (4) require the agency employing a peace officer to |
|---|
| 42 | 42 | | take appropriate corrective action against the peace officer after |
|---|
| 43 | 43 | | an investigation shows that the peace officer has engaged in |
|---|
| 44 | 44 | | motorcycle profiling in violation of the agency's policy adopted |
|---|
| 45 | 45 | | under this article. |
|---|
| 46 | 46 | | SECTION 2. Not later than December 1, 2025, each law |
|---|
| 47 | 47 | | enforcement agency in this state shall adopt the policy required by |
|---|
| 48 | 48 | | Article 2B.0083, Code of Criminal Procedure, as added by this Act. |
|---|
| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|