Bill Text: TX HB265 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the collection and reporting of information from motor vehicle stops made by law enforcement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-20 - Left pending in committee [HB265 Detail]
Download: Texas-2019-HB265-Introduced.html
86R1144 JCG-D | ||
By: Blanco | H.B. No. 265 |
|
||
|
||
relating to the collection and reporting of information from motor | ||
vehicle stops made by law enforcement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 2.132(b), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(b) Each law enforcement agency in this state shall adopt a | ||
detailed written policy on racial profiling. The policy must: | ||
(1) clearly define acts constituting racial | ||
profiling; | ||
(2) strictly prohibit peace officers employed by the | ||
agency from engaging in racial 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 racial | ||
profiling with respect to the individual; | ||
(4) provide public education relating to the agency's | ||
compliment and complaint process, including providing the | ||
telephone number, mailing address, and e-mail address to make a | ||
compliment or complaint with respect to each ticket, citation, or | ||
warning issued by a peace officer; | ||
(5) require appropriate corrective action to be taken | ||
against a peace officer employed by the agency who, after an | ||
investigation, is shown to have engaged in racial profiling in | ||
violation of the agency's policy adopted under this article; | ||
(6) require collection of information relating to | ||
motor vehicle stops in which a ticket, citation, or warning is | ||
issued and to arrests made as a result of those stops, including | ||
information relating to: | ||
(A) the race or ethnicity of the individual | ||
detained; | ||
(B) whether a search was conducted and, if so, | ||
whether the individual detained consented to the search; | ||
(C) whether the peace officer knew the race or | ||
ethnicity of the individual detained before detaining that | ||
individual; | ||
(D) whether the peace officer used physical force | ||
that resulted in bodily injury, as that term is defined by Section | ||
1.07, Penal Code, during the stop; | ||
(E) the location of the stop; [ |
||
(F) the reason for the stop; and | ||
(G) whether the peace officer inquired as to the | ||
immigration status of the individual detained and, if so, the | ||
reason for the inquiry; and | ||
(7) require the chief administrator of the agency, | ||
regardless of whether the administrator is elected, employed, or | ||
appointed, to submit an annual report of the information collected | ||
under Subdivision (6) to: | ||
(A) the Texas Commission on Law Enforcement; and | ||
(B) the governing body of each county or | ||
municipality served by the agency, if the agency is an agency of a | ||
county, municipality, or other political subdivision of the state. | ||
SECTION 2. Article 2.133(b), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(b) A peace officer who stops a motor vehicle for an alleged | ||
violation of a law or ordinance shall report to the law enforcement | ||
agency that employs the officer information relating to the stop, | ||
including: | ||
(1) a physical description of any person operating the | ||
motor vehicle who is detained as a result of the stop, including: | ||
(A) the person's gender; and | ||
(B) the person's race or ethnicity, as stated by | ||
the person or, if the person does not state the person's race or | ||
ethnicity, as determined by the officer to the best of the officer's | ||
ability; | ||
(2) the initial reason for the stop; | ||
(3) whether the officer conducted a search as a result | ||
of the stop and, if so, whether the person detained consented to the | ||
search; | ||
(4) whether any contraband or other evidence was | ||
discovered in the course of the search and a description of the | ||
contraband or evidence; | ||
(5) the reason for the search, including whether: | ||
(A) any contraband or other evidence was in plain | ||
view; | ||
(B) any probable cause or reasonable suspicion | ||
existed to perform the search; or | ||
(C) the search was performed as a result of the | ||
towing of the motor vehicle or the arrest of any person in the motor | ||
vehicle; | ||
(6) whether the officer made an arrest as a result of | ||
the stop or the search, including a statement of whether the arrest | ||
was based on a violation of the Penal Code, a violation of a traffic | ||
law or ordinance, or an outstanding warrant and a statement of the | ||
offense charged; | ||
(7) the street address or approximate location of the | ||
stop; | ||
(8) whether the officer issued a verbal or written | ||
warning or a ticket or citation as a result of the stop; [ |
||
(9) whether the officer used physical force that | ||
resulted in bodily injury, as that term is defined by Section 1.07, | ||
Penal Code, during the stop; and | ||
(10) whether the peace officer inquired as to the | ||
immigration status of the person detained and, if so, the reason for | ||
the inquiry. | ||
SECTION 3. The requirements of Articles 2.132 and 2.133, | ||
Code of Criminal Procedure, as amended by this Act, apply only to | ||
information collected and reported in connection with a motor | ||
vehicle stop occurring on or after September 1, 2019. | ||
SECTION 4. This Act takes effect September 1, 2019. |