Texas Code of Criminal Procedure - Article 2.132. Law Enforcement Policy On Racial Profiling
Legal Research Home >
Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 2.132. Law Enforcement Policy On 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 policy adopted by the agency under Subsection
(b) must include standards for reviewing video and audio
documentation.
(e) A report required under Subsection (b)(7) may not
include identifying information about a peace officer who makes a
traffic 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).
(f) On the commencement of an investigation by a law
enforcement agency of a complaint described by Subsection (b)(3) in
which a video or audio recording of the occurrence on which the
complaint is based was made, the agency shall promptly provide a
copy of the recording to the peace officer who is the subject of the
complaint on written request by the officer.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Article: 2.121 2.122 2.123 2.124 2.125 2.13 2.131 2.132 2.133 2.134 2.135 2.136 2.137 2.138 2.14
Texas Lawyers
Last modified: August 10, 2007
| 