Bill Text: TX HB1837 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to motorcycle profiling by peace officers.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2021-05-08 - Committee report sent to Calendars [HB1837 Detail]
Download: Texas-2021-HB1837-Comm_Sub.html
| 87R18188 EAS-F | |||
| By: González of El Paso, Hunter, et al. | H.B. No. 1837 | ||
| Substitute the following for H.B. No. 1837: | |||
| By: Davis | C.S.H.B. No. 1837 | ||
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| relating to motorcycle profiling by peace officers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.1315 to read as follows: | ||
| Art. 2.1315. MOTORCYCLE PROFILING PROHIBITED. (a) In this | ||
| article: | ||
| (1) "Law enforcement agency" and "motor vehicle stop" | ||
| have the meanings assigned by Article 2.132. | ||
| (2) "Motorcycle profiling" means a law | ||
| enforcement-initiated action based wholly or partly on an | ||
| individual operating a motorcycle or wearing motorcycle-related or | ||
| motorcycle club-related paraphernalia rather than on the | ||
| individual's behavior or on information identifying the individual | ||
| as having engaged in criminal activity. The term includes a motor | ||
| vehicle stop that is made with respect to an individual operating a | ||
| motorcycle and that the peace officer extends beyond the period | ||
| necessary to effectuate the purpose of the stop. | ||
| (b) A peace officer may not engage in motorcycle profiling. | ||
| (c) Each law enforcement agency in this state shall adopt a | ||
| detailed written policy on motorcycle profiling. The policy must: | ||
| (1) clearly define acts constituting motorcycle | ||
| profiling; | ||
| (2) strictly prohibit peace officers employed by the | ||
| agency from engaging in motorcycle 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 motorcycle | ||
| profiling with respect to the individual; and | ||
| (4) require appropriate disciplinary action to be | ||
| taken against a peace officer employed by the agency who, after an | ||
| investigation, is shown to have engaged in motorcycle profiling in | ||
| violation of the agency's policy adopted under this article. | ||
| SECTION 2. Not later than December 1, 2021, each law | ||
| enforcement agency in this state shall adopt the policy required by | ||
| Article 2.1315, Code of Criminal Procedure, as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
