Bill Text: TX HB1108 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to motorcycle profiling by peace officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB1108 Detail]
Download: Texas-2025-HB1108-Introduced.html
| 89R975 JDK-F | ||
| By: VanDeaver | H.B. No. 1108 | |
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| 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. | ||
