17-A Racial Profiling Report - Laserfiche WebLink

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Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category, for example, if only one American Indian is stopped an searched, that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100% search rate would be skewed data when compared to a 50% rate for Caucasians. STANDARD 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: . . . adopts standards for reviewing and retaining audio and video documentation; and . . . promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. COMMENTARY The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the offender is the subject of a complaint and the officer makes a written request. STANDARD 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. COMMENTARY None STANDARD 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: . . . the equipment was in place and used during the proceeding calendar year; and . . . video and audio documentation is retained for at least 90 days. COMMENTARY The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.13 2 TCCP. STANDARD 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. COMMENTARY Senate Bil11074 changed Section 543.202 of the Transportation Code requiring citations to include: . . . race or ethnicity; and . . . whether a search of the vehicle was conducted and whether consent for the search was obtained. 40f4 20