Guidelines for Compiling and Reporting Data under Senate Bill 1074
Background Senate Bill 1074 of the 77 th Legislature established requirements in the Texas Code of Criminal Procedure ( TCCP ) for law enforcement agencies . The Commission developed this document to assist agencies in complying with the statutory requirements .
The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies ( CALEA ). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard .
Each standard is composed of two parts : the standard statement and the commentary . The standard statement is a declarative sentence that places a clear-cut requirement , or multiple requirements , on an agency . The commentary supports the standard statement but is not binding . The commentary can serve as a prompt , as guidance to clarify the intent of the standard , or as an example of one possible way to comply with the standard .
Standard 1 Each law enforcement agency has a detailed written directive that :
• clearly defines acts that constitute racial profiling ;
• strictly prohibits peace officers employed by the agency from engaging in racial profiling ;
• implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint ;
• provides for public education relating to the complaint process ;
• requires appropriate corrective action to be taken against a peace officer employed by the agency who , after investigation , is shown to have engaged in racial profiling in violation of the agency ’ s written racial profiling policy ; and
• requires the collection of certain types of data for subsequent reporting .
Commentary
Article 2.131 of the TCCP prohibits officers from engaging in racial profiling , and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard . The article also specifically defines a law enforcement agency as it applies to this statute as an “ agency of the state , or of a county , municipality , or other political subdivision of the state , that employs peace officers who make traffic stops in the routine performance of the officers ’ official duties .”
The article further defines race or ethnicity as being of “ a particular descent , including Caucasian , African , Hispanic , Asian , or Native American .” The statute does not limit the required policies to just these ethnic groups .
This written policy is to be adopted and implemented no later than January 1 , 2002 .
Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic , or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop , to include :