21-RACIAL PROFILING REPORT - Laserfiche WebLink

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Amended by: Acts 2009; 81 st Leg., R.S., Ch. I 172, Sec. 27, eff. September 1, 2009. Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.l 34 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an offcer employed by the agency to make motor vehicle stops is equipped with video camera and transmitter- activated equipment and each law enforcement motorcycle regularly used to make motar vehicle stops is equipped with transmitter-activated equipment; and (B) each motor vehicle stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) 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 or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the reGuirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging tliat a peace officer employed by the agency lias engaged in racial profiling witl� respect to a motor vehicle stop, the agency shall retain the video and audio or audio record of tlle stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. 136