Bill Text: TX SB616 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to motorcycle profiling by peace officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-17 - Referred to Criminal Justice [SB616 Detail]
Download: Texas-2023-SB616-Introduced.html
| 88R3984 SHH-F | ||
| By: Blanco | S.B. No. 616 | |
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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, "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. | ||
| (b) A peace officer may not engage in motorcycle profiling. | ||
| SECTION 2. Title 5, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 117 to read as follows: | ||
| CHAPTER 117. LIABILITY ARISING FROM CONDUCT OF PEACE OFFICERS OR | ||
| LAW ENFORCEMENT ACTIVITIES | ||
| Sec. 117.001. MOTORCYCLE PROFILING. (a) An individual | ||
| against whom a peace officer has engaged in motorcycle profiling in | ||
| violation of Article 2.1315, Code of Criminal Procedure, may bring | ||
| an action against the peace officer or the governmental unit | ||
| employing the peace officer to recover damages arising from the | ||
| motorcycle profiling and for an injunction against future | ||
| violations of that article. | ||
| (b) An individual who establishes in an action under this | ||
| section that a peace officer engaged in motorcycle profiling | ||
| against the individual is entitled to recover reasonable attorney's | ||
| fees and litigation costs. | ||
| (c) A governmental unit is vicariously liable under the | ||
| doctrine of respondeat superior for damages arising from motorcycle | ||
| profiling engaged in by a peace officer employed by the | ||
| governmental unit. | ||
| (d) A governmental unit's sovereign or governmental | ||
| immunity to suit and from liability is waived to the extent of | ||
| liability created by this section. | ||
| (e) A peace officer may not assert official immunity as a | ||
| defense to liability under this section. | ||
| SECTION 3. Chapter 117, Civil Practice and Remedies Code, | ||
| as added by this Act, applies only to a cause of action that accrues | ||
| on or after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
