Highlights 77th Texas Legislature - Senate

________________ C RIMINAL
USTICE/General/General
RIMINAL JUSTICE
77 th Texas Legislature
Requires a peace officer who stops a motor vehicle for a traffic violation or a pedestrian for any suspected
offense to report to the law enforcement agency:
• a physical description (including gender and race or ethnicity, as stated by the person or, if not
stated, as determined by the officer) of each person stopped;
• the alleged violation;
• whether a search was conducted and, if so, whether consent was given for the search;
• information on any contraband discovered;
• facts supporting that a probable cause to conduct a search existed;
• whether an arrest was made and the offense charged;
• the address or approximate location of the stop; and
• whether the officer issued a warning or a citation as a result of the stop, including a description of
the warning or a statement of the violation charged.
Requires a law enforcement agency to compile and analyze information gathered regarding traffic and
pedestrian stops. Requires the agency to submit a report (Report B) to its governing body by March 1 of
each year.
Requires Report B to contain a comparative analysis determining the prevalence of racial profiling by the
agency’s peace officers and examining the disposition of traffic and pedestrian stops, and information
relating to each racial profiling complaint. Requires the report to be de-identified.
Prohibits the data collected as a result of reporting requirements from constituting prima facie evidence of
racial profiling.
Exempts peace officers and agencies from the reporting requirements of Report B if:
• each motor vehicle used for traffic and pedestrian stops is equipped with video camera and
transmitter-activated equipment, each motorcycle is equipped with transmitter-activated equipment,
and each stop that is capable of being recorded is recorded; or
• the governing body, in conjunction with the law enforcement agency, certifies to the Department of
Public Safety (DPS), that the agency needs help in obtaining audio equipment and the agency
does not receive from state funds or equipment sufficient for the agency to equip its vehicles.
Requires the agencies that are exempt from submitting Report B to retain the video and/or audio
documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. Requires
the agency to retain the video and/or audio documentation of any stop subject to a complaint until the final
disposition of the complaint.
Provides that a peace officer is not liable for damages arising from an act related to the collection or
reporting of information as required by this bill.
Requires DPS to adopt rules related to distributing funds or video and audio equipment to law enforcement
agencies, including specifying criteria on how to prioritize distribution of funding or equipment. Allows the
criteria to include consideration of tax effort, financial hardship, available revenue, and budget surpluses.
Senate Research Center 46