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.