HBA-SEP H.B. 2458 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2458
By: Thompson
Criminal Jurisprudence
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Many minority motorists across the country have been treated differently
than nonminority motorists when stopped by law enforcement officers. The
federal government is considering and several states have undertaken
measures aimed at preventing racial profiling by law enforcement officers.
A recent Department of Public Safety study found that African-American and
Hispanic motorists were more likely than Caucasian motorists to be
subjected to searches after being stopped by a state trooper. Current law
does not contain provisions specifically targeted toward reducing or
eliminating racial profiling as a law enforcement practice. House Bill 2458
creates provisions for the reporting of traffic stops by peace officers,
the analysis and review of these reports by the appropriate authorities,
the prohibition of pretext search and seizures, and procedures for a law
enforcement agency that determines an officer has violated these
provisions.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2458 amends the Code of Criminal Procedure and Occupation and
Transportation codes relating to the prevention of racial profiling by
certain peace officers.  The bill amends the Code of Criminal Procedure to
require each law enforcement agency to adopt and implement a written policy
on racial profiling not later than January 1, 2002.  The bill sets forth
policy specifications including the prohibition of racial profiling; the
required collection and quarterly evaluation of information relating to
traffic stops in which a citation is issued or an arrest made and the
person's ethnicity and whether a search was conducted; and the required
submission, to the governing body of each county or municipality, of an
annual report of the information collected.  Such a report is prohibited
from containing information about a peace officer who makes a traffic stop
or an individual who is stopped or arrested.  On adoption of the policy, a
law enforcement agency is required to examine the feasibility of installing
video camera and voice activated microphone equipment in each agency law
enforcement motor vehicle regularly used to make traffic stops. If a law
enforcement agency installs such equipment, the policy must include
standards for reviewing video and audio documentation (Art. 2.132).   

The bill requires a peace officer who stops a motor vehicle for an alleged
violation of a traffic law or ordinance or who stops a pedestrian for any
suspected offense to report to the law enforcement agency that employs the
officer certain information including a physical description of each
detained person (Art. 2.133).  A law enforcement agency is required to
compile and analyze the information contained in each report and, not later
than March 1 of each year beginning in 2004, submit a report containing the
information compiled during the previous calendar year to the governing
body of each county or municipality served by the agency.  The bill sets
forth specifications for the report.  The report is prohibited from
containing information about a peace officer who makes a traffic stop or an
individual who is stopped or arrested.  The Commission on Law Enforcement
Officer Standards and Education is required to develop guidelines for
compiling and reporting the required information (Art. 2.134).    
 
The bill exempts a peace officer from reporting information concerning
traffic and pedestrian stops and exempts a law enforcement agency from the
compilation, analysis, and reporting requirements if, during the calendar
year preceding the date that a report is required to be submitted, each law
enforcement motor vehicle regularly used to make traffic and pedestrian
stops is equipped with video camera and voice activated microphone
equipment and each stop recorded.  Unless a complaint is filed with a law
enforcement agency alleging that a peace officer has engaged in racial
profiling, an exempt law enforcement agency is required to retain the video
and audio or audio documentation of each traffic or pedestrian stop for at
least 90 days after the stop.  If such a complaint is made, the agency is
required to retain the video and audio or audio record of the stop until
the final disposition of the complaint (Art. 2.135).  The bill provides
that a peace officer is not liable for damages arising from an act relating
to the collection or reporting of information under reports required for
traffic and pedestrian stops (Art. 2.136). 

The bill amends the Occupations Code to require the Commission on Law
Enforcement Officer Standards and Education, as part of the minimum
curriculum requirements, to establish, not later than January 1, 2002, a
statewide comprehensive education and training program on racial profiling
for licensed law enforcement officers.  An officer is required to complete
such a program not later than the second anniversary of the date the
officer becomes a licensed law enforcement officer or the date the officer
applies for an intermediate proficiency certificate, whichever date is
earlier (Secs. 1701.253 and 1701.402).  

EFFECTIVE DATE

September 1, 2001.