The Texas Law on Racial Profiling
S . B . No . 1074 - An Act relating to the prevention of racial profiling by certain peace officers . BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS :
SECTION 1 . Chapter 2 , Code of Criminal Procedure , is amended by adding Articles 2.131 through 2.138 to read as follows :
Art . 2.131 . RACIAL PROFILING PROHIBITED . A peace officer may not engage in racial profiling .
Art . 2.132 . LAW ENFORCEMENT POLICY ON RACIAL PROFILING . ( a ) In this article :
( 1 ) " Law enforcement agency " means 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 .
( 2 ) " Race or ethnicity " means of a particular descent , including Caucasian , African , Hispanic , Asian , or Native American descent .
( 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 ; ( 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 traffic stops in which a citation is issued and to arrests resulting from those traffic stops , including information relating to : ( A ) the race or ethnicity of the individual detained ; and ( B ) whether a search was conducted and , if so , whether the person detained consented to the search ; and
( 7 ) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision ( 6 ) 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 .
( d ) On adoption of a policy under Subsection ( b ), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops . If a law enforcement agency installs video or audio equipment as provided by this subsection , the
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