17-A Racial Profiling Report - Laserfiche WebLink

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COMMENTARY Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 ofthe TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as 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." The article further defines race or ethnicity as being of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1, 2002. STANDARD 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: . . ... a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; .. ... the traffic law or ordinance alleged to have been violated or the suspected offense; . .... whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; .. '" whether any contraband was discovered in the course of the search, and the type of contraband discovered; .. ... whether probable cause to search existed, and the facts supporting the .. existence of that probable cause; ..... whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; ..... the street address or approximate location of the stop; and .. '" whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. COMMENTARY The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135(a)(2) states, "the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1 )(A) and the agency does not receive from the state funds for video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose." 20f4 18