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.