By: Coleman H.B. No. 4159
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [in which a citation 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]; and
                     (C)  whether the peace officer knew the race or
  ethnicity of the individual detained before detaining that
  individual; [and]
                     (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 [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; [and]
               (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; [and]
                     (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 [$1,000] for each violation.
  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 [Class C] misdemeanor
  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 [may], instead of taking the person before a
  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 [speeding or] a misdemeanor
  under this subtitle that is punishable by a fine only [violation of
  the open container law, Section 49.03, Penal Code]; and
               (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.