Modifications to the Original Law ( H . B . 3389 )
Amend CSHB 3389 ( Senate committee report ) as follows : ( 1 ) Strike the following SECTIONS of the bill : ( A ) SECTION 8 , adding Section 1701.164 , Occupations Code ( page 4 , lines 61-66 ); ( B ) SECTION 24 , amending Article 2.132 ( b ), Code of Criminal Procedure ( page 8 , lines 19-53 ); ( C ) SECTION 25 , amending Article 2.134 ( b ), Code of Criminal Procedure ( page 8 , lines 54-64 ); ( D ) SECTION 28 , providing transition language for the amendments to Articles 2.132 ( b ) and 2.134 ( b ), Code of Criminal Procedure ( page 9 , lines 40-47 ). ( 2 ) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly : SECTION ____. Article 2.132 , Code of Criminal Procedure , is amended by amending Subsections ( a ),( b ), ( d ), and ( e ) and adding Subsection ( g ) to read as follows : ( 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 motor vehicle [ traffic ] stops in the routine performance of the officers ' official duties . ( 2 ) " Motor vehicle stop " means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance . ( 3 ) " Race or ethnicity " means of a particular descent , including Caucasian , African , Hispanic , Asian , [ or ] Native American , or Middle Eastern 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 motor vehicle [ traffic ] stops in which a citation is issued and to arrests made as a result of [ 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 individual [ person ] 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 ( 7 ) require the chief administrator of the agency , regardless of whether the administrator is elected , employed , or appointed , to submit [ to the governing body of each county or
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