Texas racial profiling law is now in effect

A new law recently went into effect in Texas that is intended to protect the citizens of this state from police agencies engaging in racial profiling. Racial profiling is defined as the use of race, ethnic group or national origin as a sole determining factor in making a traffic stop, a detention, a search, issuance of a traffic citation or an arrest. These activities should be based on an individual’s behavior, information received that the individual has possibly engaged in criminal activity or other lawful reasons. “The Brady Police Department and the City of Brady is committed to fair and equitable treatment of the public,” said Brady Police Chief John Stewart. “Officers are strictly prohibited from engaging in racial profiling.” This prohibition does not preclude lawful use of race, ethnicity or national origin from being used as a decision when it is a part of a description of a suspect or witness for whom a peace officer is searching. Citizens who believe they have been subjected to racial profiling by an officer of the City of Brady may report the incident to the chief of police, the city secretary or the city manager. Complaints shall be in writing and must include the approximate time, place, date and details of the incident of alleged profiling and the identity or description of the officer. The chief of police will investigate all reports of racial profiling promptly. A report will be made regarding findings of that investigation which will be forwarded to the city manager and the complainant. No person shall be discouraged, intimidated or coerced from filing such a complaint or discriminated against because they have filed such a complaint. In investigating a complaint alleging racial profiling, the chief shall seek to determine if the officer has engaged in a pattern of racial profiling that includes multiple acts for which there is no reasonable, credible explanation based on established police and law enforcement procedures. A single act constituting racial profiling may not be considered a pattern of racial profiling and shall not be grounds for corrective action.

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