By: González of El Paso H.B. No. 258
A BILL TO BE ENTITLED
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
(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
(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, 2023, 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, 2023.