Bill Text: TX HB4159 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to interactions between law enforcement and individuals stopped on suspicion of the commission of criminal offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to Homeland Security & Public Safety [HB4159 Detail]
Download: Texas-2017-HB4159-Introduced.html
By: Coleman | H.B. No. 4159 |
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relating to interactions between law enforcement and individuals | ||
stopped on suspicion of the commission of criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 2.13, Code of Criminal Procedure, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) The officer may not: | ||
(1) conduct a search based solely on a person's consent | ||
to the search; or | ||
(2) make a stop for an alleged violation of a traffic | ||
law or ordinance as a pretext for investigating a violation of | ||
another penal law. | ||
SECTION 2. Article 2.132, Code of Criminal Procedure, is | ||
amended by amending Subsections (b), (c), and (e) and adding | ||
Subsections (h) and (i) 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 | ||
complaint process, including providing the information regarding | ||
the complaint process on 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 all | ||
motor vehicle stops [ |
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to: | ||
(A) the race or ethnicity of the individual | ||
detained; | ||
(B) whether a search was conducted [ |
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(C) whether the peace officer knew the race or | ||
ethnicity of the individual detained before detaining that | ||
individual; [ |
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(D) whether the peace officer used physical force | ||
against anyone during the stop; 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. | ||
(c) The data collected as a result of the reporting | ||
requirements of this article shall not constitute prima facie | ||
evidence of racial profiling but is admissible in a court of law as | ||
evidence of racial profiling. | ||
(e) A report required under Subsection (b)(7) may not | ||
include identifying information about a peace officer who makes a | ||
motor vehicle stop or about an individual who is stopped or arrested | ||
by a peace officer. This subsection does not affect the collection | ||
of information as required by a policy under Subsection (b)(6). | ||
(h) A law enforcement agency shall review the data collected | ||
under Subsection (b)(6) to determine whether the number of vehicles | ||
driven by a member of a particular race or ethnicity stopped by any | ||
peace officer employed by the agency is disproportionate to the | ||
population of that race or ethnicity in the county or municipality | ||
served by the agency. | ||
(i) If a law enforcement agency determines that the number | ||
of vehicles driven by a member of a particular race or ethnicity | ||
stopped by a peace officer is disproportionate, as described by | ||
Subsection (h), the agency shall conduct an investigation of the | ||
officer to determine whether the officer routinely stops vehicles | ||
the drivers of which are members of a particular racial or ethnic | ||
group for alleged violations of traffic laws or ordinances as a | ||
pretext for investigating violations of other penal laws. | ||
SECTION 3. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Articles 2.1321 and 2.1322 to read as follows: | ||
Art. 2.1321. RACIAL PROFILING INVESTIGATIONS. (a) The | ||
chief administrator of a law enforcement agency, regardless of | ||
whether the administrator is elected, employed, or appointed, shall | ||
annually review the data collected by the agency on racial | ||
profiling to determine if: | ||
(1) racial profiling is potentially occurring on an | ||
agency-wide level; or | ||
(2) an individual peace officer may be engaging in | ||
racial profiling. | ||
(b) On a finding by the chief administrator of potential | ||
racial profiling on an agency-wide basis or by an individual peace | ||
officer, the agency shall initiate an investigation into the | ||
potential racial profiling. | ||
(c) The chief administrator of each law enforcement agency | ||
shall annually certify to the Texas Commission on Law Enforcement | ||
that the chief administrator conducted the review required by | ||
Subsection (a). | ||
(d) On a finding by the Texas Commission on Law Enforcement | ||
that the chief administrator of a law enforcement agency | ||
intentionally failed to conduct a review required by Subsection | ||
(a), the commission shall begin disciplinary procedures against the | ||
chief administrator. | ||
Art. 2.1322. REQUIRED RACIAL PROFILING COUNSELING AND | ||
TRAINING FOR CERTAIN PEACE OFFICERS. (a) If an investigation | ||
initiated under Article 2.132 or 2.1321 results in a finding of | ||
racial profiling, the law enforcement agency shall provide | ||
appropriate counseling and training to any peace officer found to | ||
have engaged in racial profiling. | ||
(b) The counseling and training under Subsection (a) must: | ||
(1) emphasize understanding and respect for racial and | ||
cultural differences; | ||
(2) address racial and cultural biases; and | ||
(3) include effective, noncombative methods of | ||
carrying out law enforcement duties in a racially and culturally | ||
diverse environment. | ||
(c) If, after a peace officer completes the counseling and | ||
training under Subsection (a), the officer is again found to have | ||
engaged in racial profiling, the law enforcement agency shall: | ||
(1) suspend the officer for not less than six months; | ||
and | ||
(2) require the officer to repeat the counseling and | ||
training under Subsection (a). | ||
SECTION 4. Article 2.133, Code of Criminal Procedure, is | ||
amended by amending Subsection (b) and adding Subsection (c) 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 [ |
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(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; [ |
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(8) whether the officer issued a verbal or written | ||
warning or a citation as a result of the stop; and | ||
(9) whether the officer used physical force in | ||
conjunction with the arrest. | ||
(c) The chief administrator of a law enforcement agency, | ||
regardless of whether the administrator is elected, employed, or | ||
appointed, shall make periodic random and unannounced reviews of | ||
motor vehicle stops by peace officers employed by the agency to | ||
ensure that the race or ethnicity of the person operating the motor | ||
vehicle is being properly identified in the report under Subsection | ||
(b). | ||
SECTION 5. Articles 2.134(c), (d), and (f), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(c) A report required under Subsection (b) must be submitted | ||
by the chief administrator of the law enforcement agency, | ||
regardless of whether the administrator is elected, employed, or | ||
appointed, and must include: | ||
(1) a comparative analysis of the information compiled | ||
under Article 2.133 to: | ||
(A) evaluate and compare the number of motor | ||
vehicle stops, within the applicable jurisdiction, of persons who | ||
are recognized as racial or ethnic minorities and persons who are | ||
not recognized as racial or ethnic minorities; [ |
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(B) examine the disposition of motor vehicle | ||
stops made by officers employed by the agency, categorized | ||
according to the race or ethnicity of the affected persons, as | ||
appropriate, including any searches resulting from stops within the | ||
applicable jurisdiction; and | ||
(C) evaluate and compare the number of searches | ||
resulting from motor vehicle stops within the applicable | ||
jurisdiction and whether contraband or other evidence was | ||
discovered in the course of those searches; | ||
(2) information relating to each complaint filed with | ||
the agency alleging that a peace officer employed by the agency has | ||
engaged in racial profiling; and | ||
(3) information relating the number of investigations | ||
initiated under Article 2.1321, and the outcomes of the | ||
investigations. | ||
(d) A report required under Subsection (b) may not include | ||
identifying information about a peace officer who makes a motor | ||
vehicle stop or about an individual who is stopped or arrested by a | ||
peace officer. This subsection does not affect the reporting of | ||
information required under Article 2.133(b)(1). | ||
(f) The data collected as a result of the reporting | ||
requirements of this article shall not constitute prima facie | ||
evidence of racial profiling but is admissible in a court of law as | ||
evidence of racial profiling. | ||
SECTION 6. Article 2.1385(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) If the chief administrator of a local law enforcement | ||
agency intentionally fails to submit the incident-based data as | ||
required by Article 2.134, the agency is liable to the state for a | ||
civil penalty in the amount of $10,000 [ |
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The attorney general may sue to collect a civil penalty under this | ||
subsection. | ||
SECTION 7. Effective September 1, 2018, Chapter 2, Code of | ||
Criminal Procedure, is amended by adding Article 2.1386 to read as | ||
follows: | ||
Art. 2.1386. MOTOR VEHICLE STOP INVESTIGATIONS. (a) In | ||
this article, "law enforcement agency" and "motor vehicle stop" | ||
have the meanings assigned by Article 2.132(a). | ||
(b) Each law enforcement agency shall adopt and implement a | ||
detailed written policy regarding the administration of a motor | ||
vehicle stop investigation in accordance with this article, | ||
including the administrative penalties for violations of the | ||
policy. A law enforcement agency may adopt the model policy | ||
promulgated by the Bill Blackwood Law Enforcement Management | ||
Institute of Texas or the agency's own policy. | ||
(c) A peace officer may not: | ||
(1) conduct a roadside investigation during a motor | ||
vehicle stop for an offense other than the traffic violation | ||
without suspicion based on a preponderance of the evidence that the | ||
driver has committed the other offense; | ||
(2) continue a roadside investigation during a motor | ||
vehicle stop into an offense other than the traffic violation after | ||
the driver has refused to consent to be searched unless the peace | ||
officer has additional suspicion based on a preponderance of the | ||
evidence that the driver has committed the other offense; or | ||
(3) arrest a driver during a motor vehicle stop for a | ||
traffic violation to conduct a search incident to arrest unless the | ||
officer has probable cause to believe that the driver has committed | ||
an offense more serious than a Class C misdemeanor. | ||
(d) A peace officer who violates Subsection (c) shall be | ||
subject to an administrative penalty of not less than a one-day | ||
suspension. | ||
SECTION 8. Article 3.05, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 3.05. RACIAL PROFILING. (a) In this code, "racial | ||
profiling" means a law enforcement-initiated action based on an | ||
individual's race, ethnicity, or national origin rather than on the | ||
individual's behavior or on information identifying the individual | ||
as having engaged in criminal activity. | ||
(b) Racial profiling may be identified through the | ||
examination of sufficient and evidence-based data analysis. | ||
SECTION 9. Article 14.06, Code of Criminal Procedure, is | ||
amended by amending Subsection (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(b) A peace officer who is charging a person, including a | ||
child, with committing an offense that is a [ |
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punishable by a fine only, other than an offense under Section | ||
49.02, Penal Code, or an offense under Chapter 106, Alcoholic | ||
Beverage Code, shall [ |
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magistrate, issue a citation to the person that contains written | ||
notice of the time and place the person must appear before a | ||
magistrate, the name and address of the person charged, the offense | ||
charged, and the following admonishment, in boldfaced or underlined | ||
type or in capital letters: | ||
"If you are convicted of a misdemeanor offense involving | ||
violence where you are or were a spouse, intimate partner, parent, | ||
or guardian of the victim or are or were involved in another, | ||
similar relationship with the victim, it may be unlawful for you to | ||
possess or purchase a firearm, including a handgun or long gun, or | ||
ammunition, pursuant to federal law under 18 U.S.C. Section | ||
922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any | ||
questions whether these laws make it illegal for you to possess or | ||
purchase a firearm, you should consult an attorney." | ||
(b-1) A peace officer who is charging a person, including a | ||
child, with committing an offense that is a misdemeanor punishable | ||
by a fine only under Chapter 106, Alcoholic Beverage Code, may, | ||
instead of taking the person before a magistrate, issue to the | ||
person a citation that contains written notice of the time and place | ||
the person must appear before a magistrate, the name and address of | ||
the person charged, and the offense charged. | ||
SECTION 10. Section 543.004(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) An officer shall issue a written notice to appear if: | ||
(1) the offense charged is [ |
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under this subtitle that is punishable by a fine only [ |
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(2) the person makes a written promise to appear in | ||
court as provided by Section 543.005. | ||
SECTION 11. Effective January 1, 2018, Subchapter A, | ||
Chapter 543, Transportation Code, is amended by adding Section | ||
543.0045 to read as follows: | ||
Sec. 543.0045. NOTIFICATION REQUIRED DURING TRAFFIC STOP. | ||
(a) An officer who stops a motor vehicle as a result of a person's | ||
alleged commission of a misdemeanor under this subtitle that is | ||
punishable by a fine only shall promptly notify the person that: | ||
(1) the alleged offense is a misdemeanor under this | ||
subtitle that is punishable by a fine only; and | ||
(2) the officer may not arrest a person solely on the | ||
basis of that offense. | ||
(b) The Texas Commission on Law Enforcement by rule shall | ||
specify the language that is required to be included in the | ||
notification described by Subsection (a). | ||
SECTION 12. The following provisions of the Code of | ||
Criminal Procedure are repealed: | ||
(1) Article 2.135. | ||
SECTION 13. Article 2.13(d), Code of Criminal Procedure, as | ||
added by this article, applies only to a motor vehicle stop or | ||
search that occurs on or after the effective date of this Act. | ||
SECTION 14. Articles 2.132 and 2.134, Code of Criminal | ||
Procedure, as amended by this article, apply only to a report | ||
covering a calendar year beginning on or after January 1, 2018. | ||
SECTION 15. Articles 2.132(h) and (i), 2.1321, and 2.1322, | ||
Code of Criminal Procedure, as added by this article, apply to an | ||
investigation that occurs on or after the effective date of this | ||
Act, regardless of whether the potential racial profiling occurred | ||
before, on, or after that date. | ||
SECTION 16. Not later than September 1, 2018, the Texas | ||
Commission on Law Enforcement shall evaluate and change the | ||
guidelines for compiling and reporting information required under | ||
Article 2.134, Code of Criminal Procedure, as amended by this | ||
article, to withstand academic scrutiny. | ||
SECTION 17. (a) Not later than December 31, 2017, the Bill | ||
Blackwood Law Enforcement Management Institute of Texas, in | ||
consultation with large, medium, and small law enforcement | ||
agencies, law enforcement associations, and community | ||
organizations engaged in the development of law enforcement policy | ||
on behalf of the public, shall develop, adopt, and disseminate to | ||
all law enforcement agencies in this state a model policy and | ||
associated training materials for conducting a motor vehicle stop, | ||
in accordance with Article 2.1386, Code of Criminal Procedure, as | ||
added by this article. | ||
(b) Not later than September 1, 2018, each law enforcement | ||
agency of this state shall adopt the policy required by Article | ||
2.1386, Code of Criminal Procedure, as added by this article, if | ||
applicable. | ||
SECTION 18. Not later than December 1, 2017, the Texas | ||
Commission on Law Enforcement shall adopt the rules required by | ||
Section 543.0045(b), Transportation Code, as added by this article. | ||
SECTION 19. The changes in law made by this article apply | ||
only to an offense committed on or after the effective date of this | ||
Act. An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this article if any element of the offense | ||
occurred before that date. | ||
SECTION 20. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2017. |