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10A - Paris Police Racial Profiling Report 2020 PARIS POLICE DEPARTMENT 2020 RACIAL PROFILING ANALYSIS PREPARED BY: Eric J. Fritsch, Ph.D. Chad R. Trulson, Ph.D. Justice Research Consultants, LLC Executive Summary Article 2.132-2.134 of the Texas Code of Criminal Procedure (CCP) requires the annual reporting to the local governing body of data collected on motor vehicle stops in which a ticket, citation, or warning was issued and to arrests made as a result of thosestops, in addition to data collection and reporting requirements. Article 2.134 of the CCP directs that “a comparative analysis of the information compiled under 2.133” be conducted, with specific attention to the below areas: 1.evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; 2.examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; 3.evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and 4.information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. The analysis of material and data from the ParisPolice Department revealed the following: A COMPREHENSIVE REVIEW OF THE P ARIS P OLICE D EPARTMENT’S B IAS B ASED P ROFILING POLICY SHOWS THAT THE P ARIS P OLICE D EPARTMENT IS FULLY IN A RTICLE 2.132 OF THE T EXAS C ODE OF C RIMINAL P ROCEDURE. COMPLIANCE WITH A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE P ARIS P OLICE D EPARTMENT IS FULLY IN COMPLIANCE WITH T EXAS . LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE T EXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND WITH APPLICABLE PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. A NALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE T EXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. WITH APPLICABLE T HE P ARIS P OLICE D EPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE T EXAS TCOLE. LAW CONCERNING THE REPORTING OF INFORMATION TO T HE P ARIS P OLICE D EPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE T EXAS LAW REGARDING CCP ARTICLES 2.132-2.134. Introduction This report details an analysis of the Paris Police Department’s policies, training, and statistical information on racial profiling for the year 2020. This report has been prepared to specifically comply with Article 2.132, 2.133, and 2.134 of the Texas Code ofCriminal Procedure (CCP) regarding the compilation and analysis of traffic stop data. Specifically, the analysis will address Articles 2.131 –2.134 of the CCP and make a determination of the level of compliance with those articles by the Paris Police Department in 2020. The full copies of theapplicable lawspertaining to this report are contained in Appendix A. This report is divided into six sections: (1) Paris Police Department’s policy on racial profiling; (2) Paris Police Department’s training and education on racial profiling; (3) Paris Police Department’s complaint process and public education on racial profiling; (4) analysis of Paris Police Department’s traffic stop data; (5) additional traffic stop data to be reported to TCOLE; and (6) Paris Police Department’s compliance with applicable laws on racial profiling. For the purposes of this report and analysis, the following definition of racial profiling is used: racial profiling means a law enforcement-initiated action based on an individual'srace, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity (Texas CCP Article 3.05). ParisPolice Department Policy on Racial Profiling A review of ParisPolice Department’s “Bias Based Profiling” policyrevealed that the department has adopted policies in compliance with Article 2.132 of the Texas CCP(see Appendix B). There are seven specific requirements mandated by Article 2.132 that a law enforcement agency must address. All seven are clearly covered inParisPolice Department’sbias based profiling policy. ParisPolice Departmentpoliciesprovide clear direction that any form of racial profiling is prohibited and that officers found engaging in inappropriate profiling may be disciplined in accordance with Chapter 2.02 of the Paris Police Department Policies and Procedures pertaining to receipt, processing, investigation, and adjudication of complaints.The policiesalso provide a very clear statement of the agency’s philosophy regarding equal treatment of all persons regardless of race, ethnicity, or national origin. Appendix Clists the applicable statute andcorresponding ParisPolice Departmentregulation. A COMPREHENSIVE REVIEWOF P ARIS P OLICE D EPARTMENT’S B IAS B ASED P ROFILING P OLICY P ARIS P OLICE D EPARTMENT IS FULLY IN COMPLIANCE WITH A RTICLE 2.132 OF SHOWS THAT THE THE T EXAS C ODE OF C RIMINAL P ROCEDURE. ParisPolice Department Training and Education on Racial Profiling Texas Occupation Code § 1701.253 and § 1701.402 require that curriculum be established and training certificates issued on racial profiling for all Texas peace officers. Documentation provided byParisPolice Departmentreveals that all Paris Police Department officers were required to complete a course on Racial and Bias Profiling (TCOLE Certified)in 2020. Moreover, the department conducts a new employee orientation with each employee hiredby the department, and this orientation includes policy training on the department’s bias based profiling policy. A REVIEW OF THE INFORMATIONPRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE P ARIS P OLICE D EPARTMENT ISFULLY IN COMPLIANCEWITH T EXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. ParisPolice Department Complaint Process and Public Education on Racial Profiling Article 2.132 §(b)3-4 of the Texas Code of Criminal Procedure requires that law enforcement agencies implement a complaint process on racial profiling and that the agency provide public education on the complaint process.ParisPolice Department’s Bias Based Profiling Policy Section 4 covers this requirement.The City of Paris PoliceDepartment has also taken the following actions to ensure that the information relating to the policy disallowing racial profiling has been made known to the public: 1) Published racial profiling policy and complaint information on the City of Paris Website, under Police Department, “Your Feedback” tab: (https://www.paristexas.gov/120/Your-Feedback); 2) Created complaint forms which are available at any time from any officer or at any time from the lobby of the police station; and 3) Officers of the department have been instructed on the racial profiling law and are available to, and have answered requests about, the law and complaint procedure. A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT REVEALS THAT THE T EXAS LAW ON THE RACIAL PROFILING DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE COMPLAINT PROCESSAND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. ParisPolice Department Statistical Data on Racial Profiling Article 2.132(b) 6 and Article 2.133 requires that law enforcement agenciescollect statistical information on motor vehicle stops in which a ticket, citation, or warning was issued and to arrests made as a result of those stops, in addition to other information noted previously. Paris Police Department submitted statistical information on all motor vehicle stops in 2020and accompanying information on the race/ethnicity of the person stopped. Accompanying this data was the relevant information required to be collected and reported by law. A NALYSIS OF THE DATA REVEALS THAT THEDEPARTMENT ISFULLYIN COMPLIANCE WITH T EXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. APPLICABLE Analysis of the Data Comparative Analysis #1: Evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities.Texas Code of Criminal Procedure Article 2.134(c)(1)(A) The first chart depicts the percentages of people stoppedby race/ethnicityamong the total 3,167 motor vehicle stops in which a ticket, citation, or warning was issued, including arrests made,in 1 2020. Chart 1: Percentage of Motor Vehicle Stops in Comparison to Benchmarks 80% 70% 60% 50% 40% 30% 20% 10% 0% WhiteBlackHispanic % City Population 63.90%20.80%9.40% % County Population 74.40%12.70%7.90% % Stops 64.41%28.20%6.82% White driversconstituted 64.41percent of all drivers stopped, whereas Whites constitute 63.90 2 percent of the city population and 74.40percent of the county population. Blackdriversconstituted 28.20percent of all drivers stopped, whereas Blacks constitute 20.80 percent of the city population and 12.70percent of the county population. Hispanic driversconstituted 6.82percent of all drivers stopped, whereas Hispanics constitute 9.40 percent of the city population and 7.90percent of the county population. 1 There were 12motor vehicle stops of drivers considered Asian/Pacific Islander and 6stops of drivers considered Alaska Native/American Indian. These motor vehicle stops were not charted in the first figure of this report due to the small number of cases relative to the population and the total number of motor vehicle stops among all drivers (3,167). 2 City and County populations were derived from the 2019 American Community Survey (ACS)of the U.S. Census Bureau. The chart shows that White drivers are stopped at rates slightly higherthan the percentage of Whites in the city population andlower than the percentage of Whites in the county population. Blackdrivers are stopped at rates higher than the percentage of Blacks found in the cityand county populations. Hispanic driversare stopped at rates lower than the percentage of Hispanics found in the city and county populations. Methodological Issues Upon examination of the data, itis important to notethat differences in overall stop rates of a particular racial or ethnic group,compared to that racial or ethnic group’s proportion of the population, cannot be used to make determinationsthat officers have or have not racially profiled any given individual motorist. Claims asserting racial profiling of an individual motorist from the aggregate data utilized in this report are erroneous. For example, concludingthat a particular driver of a specific race/ethnicity was racially profiled simply because members of that particular racial/ethnicgroup as a whole were stopped at a higher rate than their proportion of the population—are as erroneous as claims that a particular driver of a specific race/ethnicity could NOT have been racially profiled simply because the percentage of stops among members of a particularracial/ethnic group as a wholewere stopped at a lower frequency than that group’s proportion of the particular population base (e.g., city or county population). In short, aggregate data as required by law and presented in this report cannot be used to prove or disprove that a member of a particular racial/ethnic group was racially profiled. Next, we discuss the reasons why using aggregate data—as currently required by the state racial profiling law—are inappropriate to use in making claims that any individual motorist was racially profiled. Issue #1: Using Group-Level Data to Explain Individual Officer Decisions The law dictates that police agencies compile aggregate-level data regarding the ratesat which agencies collectivelystop motorists in terms of their race/ethnicity. These aggregated data are to be subsequently analyzed in order to determine whether or not individualofficers are “racially profiling" motorists. This methodological error, commonly referred to as the "ecological fallacy," defines the dangers involved in making assertions about individual officer decisions based on the examination of aggregate stop data. In short, one cannot provethat an individualofficer has racially profiled any individualmotorist based on the rate at which a department stops any given groupof motorists. In sum, aggregate level data cannot be used to assess individual officer decisions, but the state racial profiling law requires this assessment. Issue #2: Problems Associated with Population Base-Rates There has been considerable debate as to what the most appropriate population “base-rate” is in determining whether or not racial/ethnic disparities exist. The base-rate serves as the benchmark for comparison purposes. The outcome of analyses designed todetermine whether or not disparities exist is dependent onwhich base-rate is used. While this report utilized the most recent 2019 American Community Survey (ACS) as a population base-rate, this population measure can become quickly outdated, can be inaccurate,and may not keep pace with changes experienced in city and county population measures. In addition, the validity of the benchmark base-rate becomes even more problematic if analyses fail to distinguish between residents and non-residents who arestopped.This is because the existence of significant proportions of non-resident stops will lead to invalid conclusions if racial/ethnic comparisons are made exclusively to resident population figures. In sum, a valid measure of the driving population does not exist. As a proxy, census data is used which is problematic as an indicator of the driving population. In addition, stopped motorists who are not residents of the city or county where the motor vehicle stop occurred are not included in the benchmark base-rate. Issue #3: Officers Do Not Know the Race/Ethnicity of the Motorist Prior to the Stop As illustrated in Table 4 near the end of this report, of the 3,167motorvehicle stops in 2020, the officer knew the race/ethnicity of the motorist prior to the stop in 7.23% of the stops (229/3,167). This percentage is consistent across law enforcement agencies throughout Texas. An analysis of all annual racial profiling reports submitted to the Texas Commission on Law Enforcement, as required by the Texas racial profiling law,found that in 2.9% of the traffic stops in Texas, the 3 officer knew the race/ethnicity of the motorist prior to the stop.The analysis included 1,186 Texas law enforcement agencies and more than 3.25 million traffic stops. As noted, the legal definition of racial profiling in the Texas Code of Criminal Procedure Article 3.05 is “a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.” Almost always, ParisPD officers do not know the race/ethnicity of the motorist prior to the stop. This factor further invalidates any conclusions drawn from the stop data presented in Chart 1. If an officer does not know the race/ethnicity of the motorist prior to the stop, then the officer cannot, by legal definition, be racial profiling. Racial profiling is a law-enforcement action based on the race/ethnicity of an individual. If the officer does not know the person’s race/ethnicitybefore the action (in this case, stopping a vehicle), then racial profiling cannot occur. Based on this factor, post-stop outcomes are more relevant for a racial profiling assessment, as presented later inthis report, in comparison to initial motor vehicle stop data disaggregated by race/ethnicity. Once the officer has contacted the motorist after the stop, the officer has identified the person’s race/ethnicity and all subsequent actions are more relevant to a racial profiling assessment than the initial stop data. In short, the methodological problems outlined above point to the limited utility of using aggregate level comparisonsof the rates at which different racial/ethnic groups are stoppedin order to determine whether or not racial profiling exists within a given jurisdiction. Table 1reports the summaries for the total number of motor vehicle stops in which a ticket, citation, or warning was issued, and to arrests made as a result of those stops, by the Paris Police Department in 2020.Table 1and associated analyses are utilized to satisfy the comparative analyses as required by Texas law, and in specific, Article 2.134 of the CCP. 3 Winkler, Jordan M. (2016). Racial Disparity in Traffic Stops: An Analysis of Racial Profiling Data in Texas. Master’s Thesis. University of North Texas. Comparative Analysis #2: Examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction.Texas Code of Criminal Procedure Article 2.134(c)(1)(B) Table 1: Traffic Stops and Outcomes by Race/Ethnicity AsianAlaska Native Stop Outcomes by African-Hispanic White/Pacific /American Total Race/EthnicityAmerican/Latino IslanderIndian Number of Stops2,0408932161263,167 Result of Stop Verbal Warning2741243311433 Written Warning1,28753191941,922 Citation4011798620668 Written Warning and 332010054 Arrest Citation and Arrest342920166 Arrest111030024 Search Conducted Yes1811001601298 No1,8597932001252,869 As shown in Table 1, there were a total of 3,167motor vehicle stops in 2020in which a ticket, citation, or warning was issued. The table also shows arrests made as a result of those stops. Roughly14percent of stops resulted in a verbal warning(433/3,167), roughly61percent of stops resulted in a written warning,and roughly 21percent resulted in a citation. As shown,arrests were relatively rare, and accounted for roughly 5percent of all stopoutcomes\[144total arrests including Written Warning and Arrest(54), Citation and Arrest(66), and sole Arrest(24)\]. Specific to actions that occurred within each racial/ethnic group, White motorists received a verbal warning in roughly 13percent of stops involving White motorists (274/2,040), Blackmotorists received a verbal warning in roughly 14percent of stopsof Blackmotorists,andHispanic motorists received a verbal warning in roughly 15percent of stopsof Hispanic motorists. Specific to written warnings,White motorists received a written warning in roughly 63percent of stops involving White motorists (1,287/2,040), Blackmotorists received a written warning in roughly 59percent of stopsof Blackmotorists,and Hispanic motorists received a written warning in roughly 42percent of stopsof Hispanic motorists. White motorists received a citationin roughly 20percent of stops involving White motorists (401/2,040), Blackmotorists received a citation in roughly 20percent of stopsof Blackmotorists, and Hispanic motorists received a citation in roughly 40percent of stopsof Hispanic motorists. Finally, specific to any form of arrest(Written Warning and Arrest, Citation and Arrest, and Arrest), White motorists were arrestedin roughly 4percent of stopsinvolving White motorists (Written Warning and Arrest + Citation and Arrest + Arrest = 78/2,040), Blackmotorists were arrested in roughly 7percent of stops involving Blackmotorists,andHispanics were arrested in roughly 3percent of stops involving Hispanic motorists. Most commonly, arrests were due to an outstanding warrant(58.33%; 84/144) or aviolation of the penal code(37.5%; 54/144). Comparative Analysis #3: Evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches.Texas Code of Criminal Procedure Article 2.134(c)(1)(C) In 2020, a total of 298searchesof motorists were conducted, or roughly 9percent of all stops resulted in a search(298/3,167). Among searches within each racial/ethnic group, White motorists were searched in roughly 9percent of all stops of White motorists (181/2,040), Blackmotorists were searched in roughly 11percent of all stops of Blackmotorists, and Hispanic motorists were searched in roughly 7percent of all stops of Hispanic motorists. Regarding searches, it should be further noted that 134out of 298searches(see Table 3), or roughly 45percent of all searches, were based on consent, which are regarded as discretionary as opposed to non-discretionary searches. Relative to the total number of stops (3,167), discretionary consent searchesoccurred in roughly 4percent of stops. Of the searches that occurred in 2020, and as shown in Table 3,contrabandwas discovered in 160or roughly 54percent of all searches (160/298total searches). Among the searches in which 4 contraband was discovered (160), 52percent of the time the contraband discovered was drugs. Comparative Analysis #4: Information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. Texas Code of Criminal Procedure Article 2.134 (c)(2) In 2020, internal records indicate that the Paris Police Department received 1complaint alleging that a peace officer employed by the agency engaged in racial profiling.Upon internal investigation, the complaint was not sustained and did not result in any disciplinary action. 4 Note in the tables that the number of searches in which contraband was found was 160, but the count on the “Description of Contraband”equals 168. This discrepancy is explained by the fact that more than one form of contraband can be discovered in a single search. Additional Analysis: Statistical analysis of motor vehicle stops relative to the gender population of the agency’s reporting area. This analysis is presented in the report based on a December 2020 email sent from TCOLE to law enforcement executives in Texas. In 2020, 3,167motor vehicle stops were made by the Paris Police Department. Of these stops, 1,325or roughly 42percent were female drivers (1,325/3,167), and roughly 58percent were male drivers (see Table 3 below). According to 2019 American Community Survey (ACS)city and county population estimates of the U.S. Census Bureau, the City of Paris was composed of 54.6percent females and 45.4percent males. County population 2020ACS estimates indicate that females accounted for 52.1percent of the county population and males accounted for 47.9percent of the county population. Overall, in 2020, males were stopped at rates higher than their proportion of the city and county populations. Additional Information Required to be Reported to TCOLE Tables 2-4provide additional information relative to motor vehicle stops in 2020by the Paris Police Department. These data are required to be collected by the Paris Police Department under the Texas Code of Criminal Procedure Article 2.133. Table 2: Data on Traffic Stops and Arrests Stop TableFrequency Number of Stops3,167 Reason for Stop Violation of Law190 Preexisting Knowledge20 Moving Traffic Violation1,906 Vehicle Traffic Violation1,051 Result of Stop Verbal Warning433 Written Warning1,922 Citation668 Written Warning and Arrest54 Citation and Arrest66 Arrest24 Arrest Based On Violation of Penal Code54 Violation of Traffic Law6 Violation of City Ordinance0 Outstanding Warrant84 Table 3: Data on Searches Pursuant to Traffic Stops Search TableFrequency Search Conducted Yes298 No2,869 Reason for Search Consent134 Contraband in Plain View6 Probable Cause123 Inventory20 Incident to Arrest15 Was Contraband Discovered Yes160 No138 Description of Contraband Drugs83 Currency0 Weapons2 Alcohol41 Stolen Property0 Other42 Table 4: Additional Data on Traffic Stops Additional InformationFrequency Gender Female1,325 Male1,842 Race/EthnicityKnown Prior to Stop Yes229 No2,938 Was Physical Force Resulting in Bodily Injury Used During Stop Yes2 No3,165 Approximate Location of Stop City Street2,847 US Highway266 County Road10 State Highway29 Private Property/Other15 Analysis of Racial Profiling Compliance by ParisPolice Department The foregoing analysis shows that the ParisPolice Departmentis fully in compliance withall relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training and educational programs, a formalized complaint process, and the collection of data in compliance with the law. In addition to providing summary reports and analysis of the data collected by the ParisPolice Departmentin 2020, this report also included an extensive presentation of someof the limitations involved in the level of data collection currently required by law and the methodological problems associated with analyzing such data for the ParisPolice Department as well aspolice agencies across Texas. Appendix A Racial Profiling Statutes and Laws Texas Racial Profling Statutes Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement- initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Added by Acts 2001, 77th Leg., ch. 947, Sec. 2, eff. Sept. 1, 2001. Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a)In this article: (1)"Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. (2)"Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3)"Race or ethnicity" means the following categories: (A)Alaska native or American Indian; (B)Asian or Pacific Islander; (C)black; (D)white; and (E)Hispanic or Latino. (b)Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1)clearly define acts constituting racial profiling; (2)strictly prohibit peace officers employed by the agency from engaging in racial 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 racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (E) the location of the stop; and (F) the reason for the stop; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. (h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 25, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.05, eff. May 18, 2013. Acts 2017, 85th Leg., R.S., Ch. 173 (H.B. 3051), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.01, eff. September 1, 2017. Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. (c) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to ensure that the race or ethnicity of the person operating the motor vehicle is being reported. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 26, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.02, eff. September 1, 2017. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 27, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.06, eff. May 18, 2013. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.03, eff. September 1, 2017. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras. The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has taken the necessary actions to use and is using video and audio equipment and body worn cameras for those purposes. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.04, eff. September 1, 2017. Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an amount not to exceed $5,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 29, eff. September 1, 2009. Amended by: Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.05, eff. September 1, 2017. Appendix B Paris Police Department Racial Profiling Policy PARIS POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL Subject: Policy Number: Bias Based Profiling 2.01.01 Effective Date:Distribution:AmendedDate: 01/31/2010 All Police Officers 01/01/2018 Review Date: TPCA BPRP Number: Page: Annually 2.01 1 of 5 SECTION 1POLICY STATEMENT It is the policy of the Paris Police Department to give equal treatment under the law to all people, regardless of race, color, religion, sex, politics, national origin, lifestyle, age, economic status or similar characteristics. The officers of the Paris Police Department will only stop or detain citizens when reasonable suspicion to believe they have committed, are committing, or are about to commit a violation of the law, or for other lawful purposes. Officers of the Paris Police Department are strictlyprohibited from initiating any action that constitutes racial or biased- based profiling. SECTION 2 PURPOSE The purpose of this policyis to give practical meaning by establishing procedures to ensure that racial profiling, or other bias-based profiling, is not found in the practices of the Department. SECTION 3DEFINITIONS Race or Ethnicity–Of a particular decent, including Caucasian, African, Hispanic, Asian,Middle Eastern or Native American. Bias-based Profiling–The detention, interdiction, search or seizure of any person based solely upon the person’s age, gender, sexual orientation, race, color, creed, ethnicity, national origin, or similar personal characteristic. Racial Profiling–A law enforcement-initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity. Reasonable Suspicion–Specific facts and circumstances, and reasonable inferences from those facts and circumstances, that would lead a person of reasonable prudence to believethat some type of criminal activity is afoot, and the detainee(s) are somehow involved. Motor VehicleStop occurs when a peace officer stops a vehicle for an alleged violation of a law, investigative stop or ordinance regulating trafficand includes any stop regardless of a citation being issued, an arrest being made or a written PARIS POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL Subject: Policy Number: Bias Based Profiling 2.01.01 Effective Date:Distribution:AmendedDate: 01/31/2010 All Police Officers 01/01/2018 Review Date: TPCA BPRP Number: Page: Annually 2.01 2 of 5 or verbal warning. Detention–any restriction upon a person's liberty imposed by a peace officer. Seizure–any taking of property from an individual without the individual's consent or any restriction of an individual's liberty without the individual's consent. A detention will be considered a seizure, as will an arrest. Acts Constituting Racial Profiling–Acts initiating law enforcement action, such as a motor vehicle stop, a detention, a search, issuance of a citation, or an arrest based solely upon an individual’s race, ethnicity, or national origin, or on the basisof racial or ethnic stereotypes, rather than upon the individual’s behavior. Racial Profiling Data Collection-The statute requires collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a PARIS POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL Subject: Policy Number: Bias Based Profiling 2.01.01 Effective Date:Distribution:AmendedDate: 01/31/2010 All Police Officers 01/01/2018 Review Date: TPCA BPRP Number: Page: Annually 2.01 3 of 5 violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; \[and\] (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. SECTION 4 PROCEDURES 1.Public Information -The statute provides the officer provide the stopped individual public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and email address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer. 2.TheDepartment will inform the public of its policy against racial profiling and the process by which a citizen may make a complaint against a department employeevia the Paris Police Department web page site,in the lobby of the police department and at the Paris Public Library. 3.Stops / Detentions -In the absence of a specific credible report containing a physical description, a person’s gender, sexual orientation, race, color, creed, ethnicity, national origin, or similar personal characteristic, or any combination of thesemay be a contributing factor but shall not be the solefactor in determining probable cause for an arrest or reasonable suspicion for a stop. 4.Oversight and Review -Traffic enforcement will be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reasonableness in conducting such activities. A.Supervisors shall ensure compliance with this and other applicable directives. B.Aminimum of fivetraffic stopswill be reviewed by the patrol shift supervisor each month including both patrol car video and body worn video. PARIS POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL Subject: Policy Number: Bias Based Profiling 2.01.01 Effective Date:Distribution:AmendedDate: 01/31/2010 All Police Officers 01/01/2018 Review Date: TPCA BPRP Number: Page: Annually 2.01 4 of 5 C.The motor vehicle stop reviews will be documented and submitted to records. D.The department will retain video and audio of all traffic stops for a minimum of 90 days. Any traffic stop which meets reporting criteria resulting in a custodial arrest shall be noted in the records management system arrest module custom tab.This includes any video and audio made while using a body worn video system. E.Any motor vehicle stop which meets reporting criteria resulting in a citation being issued shall be documented by completing all citation fields requiring any racial profiling dataor if a ticket writer is not available, by entering the information into the court records management system. 5.Motor Vehicle Recording (MVR) Equipment. A.All marked patrol vehicles are equipped with video cameras. The video and soundshall be activated before all motor vehiclestops, to record the actions of the vehicle and/or behavior of the person, and shall remain activated until the person is released. (Refer to 7.27.01– Mobile Video Recording) B.Patrol Officers are responsible for ensuring patrol car and BWC mobile video recording is functionalor report the malfunctiontothe on-duty shift supervisor. C.Videoand audio will be maintained for a period of ninety (90) days before being deleted. 6.Reporting A.The Office of Professional Standards will submit a quarterly and cumulative report to the Chief of Police concerning citation and arrest data, and supervisory oversight of MVR recordings. PARIS POLICE DEPARTMENT POLICY AND PROCEDURES MANUAL Subject: Policy Number: Bias Based Profiling 2.01.01 Effective Date:Distribution:AmendedDate: 01/31/2010 All Police Officers 01/01/2018 Review Date: TPCA BPRP Number: Page: Annually 2.01 5 of 5 B.The Office of Professional Standards will perform a comparative analysis of the data collected. 1.Analysis will be based on a calendar year 2.Summary reports of the analysis must be submitted to the Chief of Police 3.The report must include: a.Adetermination of the prevalence of racial profiling; b.An examination of the disposition of motor vehiclestops, including searches resulting from the stops; and c.Information relating to each complaint within the department alleging racial profiling. 4.The report may not include identifying information about an officer or about the person stopped. C.The Chief of Police shall submit to the City Council, an annual report concerning citation and arrest datacollected in the preceding yearand according to statute to the Texas Commission on Law Enforcement Officer Standardsand Education. D.Complaint Process Any individual who believes that a peace officer employed by this department has engaged in racial profiling with respect to the individual, may file a complaint with any supervisor of the department.In accordance with Article 2.132(f) of the Code of Criminal Procedures, anofficer whois the subject of a racial profiling complaint will be provided a copy of the recording of the traffic or pedestrian stop in question, upon written request by the officer. The complaint will be received, processed, investigated, and adjudicated in accordance with chapter (2.02) of the ParisPolice Department Policies and Procedures. Appendix C Racial Profiling Laws and Corresponding Department Policies TexasCCP ArticlePARISPOLICE DEPARTMENT Racial Profiling Policy2.01.01 2.132(b)1Section 3Definitions 2.132(b)2Section 1 Policy Statement 2.132(b)3Section 4 (1-2)Procedures & Section 6 (D) 2.132(b)4Section 4 (1-2) Procedures 2.132(b)5Section 6 (D) Complaint Process 2.132(b)6Section 3 Definitions (Racial Profiling Data Collection) 2.132(b)7Section 6 (C) Reporting