17-A Racial Profiling Report
CITY OF PARIS
POLICE DEPARTMENT
RACIAL PROFILING REPORT
YEAR 2006
._... .oW_. ,_'.'_ ...._ ,.._.__ _
RACIAL PROFILING REPORT / 2006
FEBRUARY 22, 2007
The City of Paris Police Department annually collects police contact
data as prescribed by Senate Bill 1 074 for the purpose of identifying and
responding to citizen concerns and/or allegations regarding the
practices of racial profiling.
This is the annual report produced by the Paris Police Department in
compliance with the law and also serves to inform the citizens of Paris,
Texas, regarding these issues. It is truly the objective and desire of the
Paris Police Department to enforce the law in a fair, impartial, and just
manner to each citizen of Paris. It is the department's goal to
continually reach out to all of our citizens in an effort to improve our
services and maintain a caring and cooperative relationship with the
entire community. Racial profiling is not permitted, tolerated, nor
condoned by the officers of the Paris Police Department. However, we
realize that we must be ever vigilant and sensitive to our citizens to keep
even the perception of such unjust actions from occurring.
This report contains all of the information as requested in order to
comply with the law and inform our citizens as mandated by Senate Bill
1074. The information collected within this report is comprised of data
garnered from January 1, 2006, through December 31, 2006. All of the
collected data and/or information has been compared and analyzed
according to the requirements of Senate Bill 1074. Again, it has been
and continues to be the policy of the Paris Police Department to banish
the practice of racial profiling among its officers. Hopefully, this
document will inform and instruct the reader with helpful information
and assistance while at the same time striving to comply completely with
the state law. The Paris Police Department is always open to proactive
ideas in which ways may be found to improve our relationships and
police operations with our citizens.
\(~~
Karl Louis
Chief of Police
PARIS POLICE DEPARTMENT
2006 ANNUAL REPORT
TABLE OF CONTENTS
Section 1. Introduction
A. Opening Statement, p. 1
B. Table of Contents, p. 2
C. Senate BiIlI074, pp. 3-15
D. Outline of Requirements of S.B. 1074, pp. 16-20
Section 2. Back2round
A. City Demographical Information, p. 22
B. Background Information on Paris Police
Department, p. 23
C. Reports/Reviews: Police Vehicle Inventory
(Use of AudioNideo Equipment), pp. 24-26
D. Training Report, p. 27
Section 3. Compliance
A. Racial Profiling Policy of the City of Paris Police
Department, pp. 29-33
B. Complaint Form and Education, pp. 34-36
C. Educational Campaign/Informing the Public, p. 37
D. Police Contact Information, pp. 38-41
E. Report on Citizen Complaints/Allegations, p. 42
F. Analysis & Interpretation of Data, p. 43
G. City of Paris Contact Information, p. 44
2
S.B. NO. 1074
AN ACT
relating to the prevention of racial profiling by certain peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by
adding Articles 2.131 through 2.138 to read as follows:
ART. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may
not engage in racial profiling.
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 traffic stops in the
routine performance of the officers' official duties.
(2) "Race or ethnicity" means of a particular descent, including
Caucasian, African, Hispanic, Asian, or Native American
descent.
(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
(4) provide public education relating to the agency's complaint
process;
(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) required collection of information relating to traffic stops in
which a citation is issued and to arrests resulting from those
traffic stops, including information relating to:
(a) the race or ethnicity of the individual detained; and
(b) whether a search was conducted and, if so, whether
the person detained consented to the search; and
(7) require the agency to submit to the govemingbody of each
county or municipality served by the agency an annual report
of the information collected under Subdivision (6) if the
a,gency is an agency of a county, municipality, or other
political subdivision ofthe 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 traffic stops and
transmitter-activated equipment in each agency law
enforcement motorcycle regularly used to make traffic
stops. If a law enforcement agency installs video or
audio equipment 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 traffic 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).
5
(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 promptlv provide a copy of the
recording to the peace officer who is the subiect of the
complaint on written request bv the officer.
ART. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN
STOPS.
(a) In this article:
(1) "Race and ethnicitv" has the meaning assigned bv
Article 2.1 32(a).
(2) "Pedestrian stop" means an interaction between a peace officer
and an individual who is being detained for the purpose of a
criminal investigation in which the individual is not under
arrest.
(b) A 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 shall report to the law enforcement agency that employs the
officer information relating to the stop, including:
(1) a phvsical description of each person detained as a result ofthe
stop, including:
(a) the person's gender; and
(b) the person's race or ethnicitv, as stated bv 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 traffic law or ordinance alleged to have been violated or
the suspected offense;
(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 anv contraband was discovered in the course of the
search and the type of contraband discovered;
6
(5) whether probable cause to search existed and the facts
supporting the existence of that probable cause;
(6) whether the officer made an arrest as a result of the stop or the
search, including a statement of the offense charged;
(7) the street address or approximate location of the stop; and,
(8) whether the officer issued a warning or a citation as a result of
the stop, including a description of the warning or a statement
of the violation charged.
ART. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
COLLECTED.
(a) In this article, "pedestrian stop" means an interaction between a peace
officer and an individual who is being detained for the purpose of a
criminal investigation in which the individual is not under arrest.
(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 vear, each local law enforcement agency shall
submit a report containing the information compiled during the previous
calendar year to the governing body of each county or municipality served
by the agency in a manner approved by the agency.
(c) A report required under Subsection (b) must include:
(1) a comparative analysis of the information compiled under Article
2.133 to:
(a) determine the prevalence of racial profiling by peace officers
employed by the agency; and
(b) examine the disposition of traffic and pedestrian stops made by
officers employed by the agency, including searches resulting from
the stops; 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
7
information about a peace officer who makes a traffic or
pedestrian 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 Commission on Law Enforcement Officer Standards and
Education shall develop guidelines for compiling and reporting
information as required by this article.
(f) The data collected as a result of the reporting requirements ofthis
article shall not constitute prima facie evidence of racial profiling.
ART. 2.135. EXEMPTIONS FOR AGENCIES USING VIDEO AND AUDIO
EQUIPMENT.
(a) a peace officer is exempt from the reporting requirement under Article 2.133
and a law enforcement agency is exempt from the compilation, analysis, and
reporting requirements under Article 2.134 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 officer
employed by the agency to make traffic and pedestrian stops is
equipped with video camera and transmitter-activated equipment
and each law enforcement motorcycle regularly used to make
traffic and pedestrian stops is equipped with transmitter-activated
equipment; and
(b) each traffic and pedestrian 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 ofthe county or municipality served by the law
enforcement agency, in coni unction 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.
8
(b) Except as otherwise provided by this subsection, a law
enforcement agency that is exempt from the requirements under
Article 2.134 shall retain the video and audio or audio
documentation of each traffic and pedestrian stop for at least 90
days after the date of the stoP. If a complaint is filed with the law
enforcement agency alleging that a peace officer employed by the
agency has engaged in racial profiling with respect to a traffic or
pedestrian stop, the agency shall retain the video and audio or
audio record of the stop until final disposition of the complaint.
( c) This article does not affect the collection or reporting requirements
under Article 2.132.
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.
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 as described by Article 2.135 (a)(1 )(A),
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 iurisdictions; 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 as described by Article 2.135( a)(1 )(A). The collaboration may
9
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 as described by Article
2.135(a)(1 )(A), the governing body of a county or municipality, in
coni unction 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 as described by Article 2.135
(a)(1 )(A), the governing body of a county or municipality, in coni unction with
the law enforcement agency serving the county or municipality, shall certify
to the Department of Public Safety that the law enforcement agency has
installed video and audio equipment as described by Article 2. 135(a)(1 )(A)
and is using the equipment as required by Article 2.135 (a)(1 ).
ART.2.138. RULES. The Department of Public Safety may adopt rules to
implement Articles 2.131-2.137.
SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding
Article 3.05 to read as follows:
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.
SECTION 3. Section 96.641, Education Code, is amended by adding Subsection
(j) to read as follows:
(j) As part of the initial training and continuing education for police chiefs
required under this section, the institute shall establish a program on racial
profiling. The program must include an examination of the best practices for:
10
(1) monitoring peace officers' compliance with laws and internal agency policies
relating to racial profiling;
(2) implementing laws and internal agency policies relating to preventing racial
profiling; and
(3) analyzing and reporting collected information.
SECTION 4. Section 1701.253, Occupations Code, is amended by adding
Subsection (e) to read as follows:
( e) As part of the minimum curriculum requirements, the commission shall
establish a statewide comprehensive education and training program on racial
profiling for officers licensed under this chapter. An officer shall complete a
program established under this subsection not later than the second
anniversary of the date the officer is licensed under this chapter or the date the
officer applies for an intermediate proficiency certificate, whichever date is
earli er.
SECTION 5. Section 1701.402, Occupations Code, is amended by adding
Subsection (d) toread as follows:
(d) As a requirement for an intermediate proficiency certificate, an officer must
complete an education and training program on racial profiling established by
the commission under Section 1701.253( e).
SECTION 6. Section 543.202, Transportation Code, is amended to read as
follows:
Sec. 543.202. FORM OF RECORD.
(a) In this section, "race or ethnicity" means of a particular descent, including
Caucasian, African, Hispanic, Asian, or Native American descent.
(b) The record must be made on a form or by a data processing method
acceptable to the department and must include:
11
(1) the name, address, physical description, including race or ethnicity,
date of birth, and driver's license number of the person charged;
(2) the registration number ofthe vehicle involved;
(3) whether the vehicle was a commercial motor vehicle as defined by
Chapter 522 or was involved in transporting hazardous materials;
(4) the person's social security number, ifthe person was operating a
commercial motor vehicle or was the holder of a commercial driver's
license or commercial driver leamer's permit;
(5) the date and nature of the offense, including whether the offense was
a serious traffic violation as defined by Chapter 522;
(6) whether a search of the vehicle was conducted and whether consent
for the search was obtained:
(7) the plea, the judgment, and whether bail was forfeited;
(8) the date of conviction; and
(9) the amount of the fine or forfeiture;
SECTION 7. Not later than January 1,2002, a law enforcement agency shall
adopt and implement a policy and begin collecting information under the policy as
required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local
law enforcement agency shall first submit information to the governing body of each
county or municipality served by the agency as required by Article 2.132, Code of
Criminal Procedure, as added by this Act, on March 1,2003. The first submission of
information shall consist of information compiled by the agency during the period
beginning January 1, 2002, and ending December 31, 2002.
SECTION 8. A local law enforcement agency shall first submit information
12
to the governing body of each county or municipality served by the agency as required
by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004.
The first submission of information shall consist of information compiled by the agency
during the period beginning January 1, 2003, and ending December 31,2003.
SECTION 9. Not later than January 1,2002:
(1) the Commission on Law Enforcement Officer Standards and Education shall
establish an education and training program on racial profiling as required by
Subsection (e), Section 1701.253, Occupations Code, as added by this Act;
and
(2) the Bill Blackwood Law Enforcement Management Institute of Texas shall
establish a program on racial profiling as required by Subsection (j),
Section 96.641, Education Code, as added by this Act.
SECTION 10. A person who on the effective date of this Act holds an
intermediate proficiency certificate issued by the Commission on Law Enforcement
Officer Standards and Education or has held a peace officer license issued by the
Commission on Law Enforcement Officer Standards and Education for at least two years
shall complete an education and training program on racial profiling established under
Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than
September 1, 2003.
SECTION 11. An individual appointed or elected as a police chief before the
effective date of this Act shall complete a program on racial profiling established under
Subsection (j), Section 96.641, Education Code, as added by this Act, not later than
September 1,2003.
SECTION 12. This Act takes effect September 1, 2001.
13
S.B. NO. 1074
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 1074 passed the Senate on Apri14, 2001,
by the following vote: Yeas 28, Nays 2;
May 21, 2001, Senate refused to concur in House amendments and
requested appointment of Conference Committee;
May 22,2001, House granted request of the Senate;
May 24,2001, Senate adopted Conference Committee Report by a
viva-voce vote.
Secretary of State
I hereby certify that S.B. No. 1074 passed the House, with amendments,
on May 15,2001, by a non-record vote;
May 22,2001, House granted request ofthe Senate for appointment of
Conference Committee;
May 24,2001, House adopted Conference Committee Report by a
non-record vote.
Chief Clerk of the House
14
OUTLINE OF REQUIREMENTS
Guidelines For Compiling- and Reporting Data under Senate Bill 1074
Background
Senate Bill I 074 of the 77th Legislature established requirements in the Texas Code of
Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed
this document to assist agencies in complying with the statutory requirements.
The guidelines are written in the form of standards using a style developed from
accreditation organizations including the Commission on Accreditation for Law
Enforcement Agencies (CALEA). The standards provide a description of what must be
accomplished by an agency, but allows wide latitude in determining how the agency will
achieve compliance with each applicable standard.
Each standard is composed of two parts: the standard statement and the commentary.
The standard statement is a declarative sentence that places a clear-cut requirement, or
multiple requirements, on an agency. The commentary supports the standard statement,
but is not binding. The commentary can serve as a prompt, as guidance to clarify the
intent of the standard, or as an example of one possible way to comply with the standard.
STANDARD 1
Each law enforcement agency has a detailed written directive that:
. . .. . .. clearly defines acts that constitute racial profiling;
. . .. . .. strictly prohibits peace officers employed by the agency from engaging in
racial profiling;
. . .. . .. implements a process by which an individual may file a complaint with the
agency if the individual believes a peace officer employed by the agency
has engaged in racial profiling with respect to the individual filing the
complaint;
. . .. . .. provides for public education relating to the complaint process;
. . .. . .. requires appropriate corrective action to be taken against a peace officer
employed by the agency who, after investigation, is shown to have engaged
in racial profiling in violation of the agency's written racial profiling
policy; and
. . .. . .. requires the collection of certain types of data for subsequent reporting.
1 OF 4
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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."
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STANDARD 3
The agency compiles the information collected under 2.132 and 2.133 and analyzes the
information identified in 2.133.
COMMENTARY
Senate Bil11074 from the ntl1 Session of the Texas Legislature created requirements for law enforcement
agencies to gather specific information and to report it to each county or municipality served. New sections
oflaw were added to the Code ofCrirninal Procedure regarding the reporting of traffic and pedestrian
stops. Detained is defined as when a person stopped is not free to leave.
Article 2.134 TCCP requires the agency to compile and provide an analysis of the information collected by
peace officer employed by the agency. The report is provided to the governing body of the municipality or
county no later than March 1 of each year and covers the previous calendar year.
There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133
CCP (tier two).
The minimum requirements for "tier one" data for traffic stops in which a citation results are:
1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of
"a particular descent, including Caucasian, African, Hispanic, Asian, or Native American");
2) whether a search was conducted, and if there was a search, whether it was a consent to search or
a probable cause search; and
3) whether there was a custody arrest.
The minimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier
two data include:
I) the detained person's gender and race or ethnicity;
2) the type oflaw violation suspected, e.g., hazardous traffic, non-hazardous traffic, or other criminal
investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses
into hazardous and non-hazardous);
3) whether a search was conducted, and if so whether it was based on consent or probable cause;
4) facts supporting probable cause;
5) the type, if any, of contraband that was collected;
6) disposition of the stop, e.g., arrest, ticket, warning, or release;
7) location of stop; and
8) statement of the charge, e.g., felony, misdemeanor, or traffic.
Tier one reports are made to the governing body of each comity or municipality served by the agency
annual report of information if the agency is an agency of a county, municipality, or other political
subdivision of the state. Tier one and two reports are reported to the county or municipality not later than
March 1 for the previous calendar year beginning March 1,2003. Tier two reports include a comparative
analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can
be discerned based on the disposition of stops including searches resulting from the stops. The reports also
include information relating to each complaint filed with the agency alleging that a peace officer employed
by the agency has engaged in racial profiling. An agency may be exempt from the tier two 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 [See 2.135 (a)(2) TCCP].
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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.
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DEMOGRAPHICS REPORT
CITY OF PARIS
United States Census Bureau, Census 2000
City of Paris, Texas
TOTAL POPULATON: 25,898 - 1000/0
WHITE (Caucasian) 18,332 - 70.80;"
BLACK (African/American) 5,729 - 22.1 %
HISPANIC (Latino) 1,068 - 04.1 %
AMERICAN INDIAN 226 - 00.9%
ASIAN 171 - 00.70/0
OTHERS 372 - 01.4 %
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P AIDS POLICE DEPARTMENT
BACKGROUND & MAKEUP
YEAR 2006
ALLOCATION OF EMPLOYEES / 2006
TOTAL NUMBER OF EMPLOYEES 82
SWORN OFFICER POSITIONS 62
EMERGENCY DISPATCHERS 12
SECRETARIES 2
CLERKS 3
ANIMAL CONTROL OFFICERS 2
CUSTODIANS 1
VOLUNTEERS/RESERVES 3
23
AUDIO / VIDEO REPORT
The Paris Police Department currently has 17 police vehicles in use,
which are equipped with audio/video recorders. The following is an
itemized list of those vehicles and brands of equipment:
UNIT NUMBER
DIVISION
VIDEO BRAND/MAKE
1059
1074
1079
1080
1081
1083
1086
1088
1090
1091
1092
1093
1097
1098
1099
1041
1042
SRO
Narcotics
SRO
SRO
Narcotics
SRO
Patrol
Patrol
Patrol
Patrol
Patrol
Patrol
Patrol
Patrol
Patrol
Patrol
Patrol
Eyewitness
Eyewitness
Eyewitness
Eyewitness
Eyewitness
Eyewitness
Mobil Vision
Eyewitness
Mobil Vision
Mobil Vision
Mobil Vision
Mobil Vision .
Mobil Vision
Mobil Vision
Mobil Vision
Mobil Vision
Mobil Vision
INSPECTION & MAINTENANCE OF VCR
EQUIPMENT
A. Equipment is inspected daily. (S~e attached form, p. 25)
B. VCR malfunctions are reported immediately.
C. Patrol cars not used if VCR malfunctions.
D. Tapes maintained according to law (at least 90 days).
E. Patrol Supervisors review traffic stops. Each officer reviewed at
least once each quarter. (See attached form, p. 26)
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ATTACHMENT IIA
PARIS POLICE DEPARTMENT
Patrol Unit Inspection Record
Date
Shift
Unit No.
Officer
Starting Mileage
Ending Mileage
EQUIPMENT
OPERABLE/PRESENT
NON-OPERABLE/MISSING
Emergency Lights
Headlights
Taillights
Siren
Car Radio
Radar
Radar Calibrated
Camera
Film
Tape Measure
Crime Scene Tape
Road Triangles
Fire_ Extinguisher
Print Kit
Tires Inspected/Safe
Mini 14 Serial #
Breech Open
# of Mags
Shotgun ( ) Safe ( ) Chamber Empty
Video Equipment
Condition of Patrol Car
Inside:
Outside:
Clean ( )
Clean ( )
Dirty ( )
Dirty ( )
Additional mechanical Problems or damage
Additional comments (equipment used and not replaced or lost during shift)
Approving Supervisor's Signature
25
ATTACHMENT IIA
ATTACHMENT lIE
QUARTERLY PATROL CAMERA VIDEO TAPE REVIEW
OFFICER:
DATE:
REVIEWED BY:
DATE:
1. Did officer check video camera for proper operation?
Yes No
2. Did officer check body microphone and in-car microphone for proper
operation?
Yes No
3. Did officer properly use equipment?
Yes No
4. Did officer record each incident/stop according to policy?
Yes No
5. Did officer properly maintain video tapes?
Yes No
6. Did officer report any video system malfunctions to supervisor?
Yes No
VIDEO REVIEW
1. Was officer courteous?
Yes No
2. Was officer professional in his interaction with the public?
Yes No
3. Did the officer use good judgment or common sense?
Yes No
4. Did the officer take reasonable safety measures?
Yes No
5. Did the officer explain the violation or call?
Y~ No
6. Did the officer use a reasonable amount of time on the stop or call?
Yes No
7. Officer's attitude projected on video:
Good Indifferent Negative
26
ATTACHMENT lIE
P AIDS POLICE OFFICER
TRAINING / REVIEWS
1. Training on Equipment: All officers of the Department are
trained in the proper use of the VCR during their four month
field training program and also on the job.
2. Training of Personnel: All officers are trained and instructed
as to the state law regarding the racial profiling law,
(S.B. 1074). They also receive mandatory cultural diversity
training. All officers have been instructed in the policies and
procedures regarding racial profiling and the accompanying
complaint process as well.
3. Reviews: All officers have their video traffic stops reviewed
quarterly by their respective patrol shift supervisor who
completes the aforementioned review form. The reviews are
conducted randomly without forewarning. The forms, once
documented, are then filed and maintained by the department
training officer.
27
RACIAL PROFILING POLICY
OF THE
CITY OF P AIDS., P AIDS., TEXAS
I. PURPOSE
The purpose of the policy is to reaffirm the Paris Police Department's commitment to
unbiased policing in all its encounters between officer and any person; to reinforce
procedures that serve to ensure public confidence and mutual trust through the provision
of services in a fair and equitable fashion; and to protect our officers from unwarranted
accusations of misconduct when they act within the dictates of departmental policy and
the law. This policy is adopted in compliance with the requirements of Articles 2.131
through 2.136, Texas Code of Criminal Procedure.
II. POLICY
It is the policy of this department to police in a proactive manner and, to aggressively
investigate suspected violations of law. Officers shall actively enforce state and federal
laws in a responsible and professional manner, without regard to race, ethnicityor
national origin. Officers are strictly prohibited from engaging in racial profiling as
defined in this policy. This policy shall be applicable to all persons, whether drivers,
passengers, or pedestrians.
Officers shall conduct themselves in a dignified and respectful manner at all times when
dealing with the public. Two of the fundamental rights guaranteed by both the United
States and Texas constitutions are equal protection under the law and freedom from
unreasonable searches and seizures by government agents. The right of all persons to be
treated equally and to be free from unreasonable searches and seizures must be respected.
Racial profiling is an unacceptable patrol tactic and will not be condoned.
This policy shall not preclude officers from offering assistance, such as upon observing a
substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or
confused. Nor does this policy prohibit stopping someone suspected of a crime based
upon observed actions andlor information received about the person.
III. DEFINITIONS
A. 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 infonnation identifying the individual as having engaged in
criminal activity. Racial profiling pertains to persons who are viewed as suspects
10f5
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or potential suspects of criminal behavior. The term is not relevant as it pertains
to witnesses, complainants, persons needing assistance, or other citizen contacts.
B. Race or Ethnicity: means of a particular descent, including Caucasian, African,
Hispanic, Asian, or Native American descent.
C. Acts Constituting Racial Profiling: are acts initiating law enforcement action,
such as a traffic 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 basis
of racial or ethnic stereotypes, rather than upon the individual's behavior,
information identifying the individual as having possibly engaged in criminal
activity, or other lawful reasons for the law enforcement action.
D. Pedestrian Stop: means an interaction between a peace officer and an individual
who is being detained for the purposes of a criminal investigation in which the
individual is not under arrest.
E. Traffic Stop: means the stopping of a motor vehicle by a peace officer for an
alleged violation of law or ordinance regulating traffic.
IV. TRAINING
Officers are responsible to adhere to all Texas Commission on Law Enforcement Officer
Standards and Education (TeLEOSE) training and the Law Enforcement Management
Institute of Texas (LEMIT) requirements as mandated by law.
All officers shall complete a TCLEOSE training and education program on racial
profiling not later than the second anniversary of the date the officer is licensed under
Chapter 1701 ofthe Texas Occupations Code or the date of the officer applies for an
intermediate proficiency certificate, whichever date is earlier. A person who on
September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had
held a peace officer license issued by TCLEOSE for at least two years, shall complete a
TCLEOSE training and education program on racial profiling not later than September 1,
2003.
The chief of police, as part of the initial training and continued education for such
appointment, will be required to attend the LEMIT program on racial profiling.
An individual appointed or elected as a police chief before the effective date of this Act
shall complete the program on racial profiling established under Subsection G), Section
96.641, Education Code, as added by this Act, not later than September 1, 2003.
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v. COMPLAINT INVESTIGATION
A. Any person who believes that a peace officer employed by the City of Paris has
engaged in racial profiling with respect to that person may file a complaint with
the City.
B. No person shall be discouraged, intimidated, or coerced from filing such a
complaint, nor shall they be discriminated against because he or she has filed such
a complaint.
C. The City shall accept and investigate citizen complaints alleging racial profiling
by its peace officers.
D. Complaints shall be in writing and should include the time, place, and details of
the incident of alleged racial profiling, the identity or description of the peace
officer or officers involved, and the identity and manner of contacting the
complainant.
E. Any peace officer, city employee, or city official who receives a citizen complaint
alleging racial profiling shall forward the complaint to the Internal Affairs Officer
or Chief of Police as soon as is practicable, but in no event any later than 72 hours
of receipt of the complaint. The officer investigating the complaint shall
acknowledge his or her receipt of same to the complainant in writing.
F. All such complaints shall be reviewed and investigated by the Internal Affairs
Officer within a reasonable period of time, and the results of the review and
investigation shall be filed with the Chief of Police, the officer who is alleged to
have engaged in racial profiling and with the complainant.
G. In investigating a complaint alleging racial profiling, the Internal Affairs Officer
shall seek to determine ifthe officer who is subject of the complaint has engaged
in a pattern of racial profiling that includes multiple acts constituting racial
profiling for which there is no reasonable, credible explanation based on
established police and law enforcement procedures.
H. A single act constituting racial profiling may not be considered a pattern of racial
profiling, and shall not be grounds for corrective action.
1. The Internal Affairs Officer shall, upon commencement of the investigation of the
complaint and upon written request of the officer who is the subject ofthe
complaint, promptly provide a copy of the recording to that officer.
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VI. CORRECTIVE ACTION
Any peace officer who is found, after investigation, to have engaged in racial profiling in
violation of this policy shall be subject to corrective action, which may include
reprimand; diversity, sensitivity or other appropriate training or counseling; paid or
unpaid suspension; termination of employment; or other appropriate action as determined
by the Chief of Police.
VII. PUBLIC EDUCATION
This department will inform the public of its policy against racial profiling and the
complaint process. Methods that may be utilized to inform the public are the news
media, radio, service or civic presentations, the Internet, as well as governing board
meetings. Additionally, information will be made available as appropriate in languages
other than English.
VIII. CITATION DATA COLLECTION & REPORTING
An officer is required to collect information relating to traffic stops in which a citation is
issued or an arrest is made. On the citation or arrest report officers must include:
A. the violator's race or ethnicity;
B. whether a search was conducted;
C. was the search consensual; and
D. whether an arrest was made for this cited violation or any other violation.
By March of each year, the department shall submit a report to the City Council of the
City of Paris, Paris, Texas, that includes the information gathered by the citations and
arrest reports generated as a result of a traffic or pedestrian stop. The report will include:
A. a breakdown of citations by race or ethnicity;
B. the number of citations that resulted in a search;
C. the number of searches that were consensual; and
D. the number of citations that resulted in custodial arrest for this cited violation or
any other violation.
Not later than March 15t of each year, this department shall submit a report to the City
Council of the City of Paris, Paris, Texas, containing this information from the preceding
calendar year.
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IX. USE OF VIDEO AND AUDIO EQUIPMENT
Each motor vehicle regularly used by this department to make traffic and pedestrian
stops is equipped with a video camera and transmitter-activated equipment, and each
motorcycle regularly used by this department to make traffic and pedestrian stops is
equipped with transmitter-activated equipment; and
Each traffic and pedestrian stop made by an officer of this department that is capable
of being recorded by video and audio, or audio, as appropriate, is recorded.
This department shall retain the video and audio tapes, or the audio tape of each
traffic and pedestrian stop for at least ninety (90) days after the date of the stop. If a
complaint is filed with this department alleging that one of its' .officers has engaged
in racial profiling with respect to a traffic or pedestrian stop, this department shall
retain the video and audio tapes, or the audio tape of the stop until final disposition of
the complaint.
Supervisors will ensure officers of this department are recording their traffic and
pedestrian stops. Randomly selected video recordings of each officer will be
reviewed at least once every ninety (90) days.
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RACIAL PROFILING COMPLAINT FORM
DEFINITION OF 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. Racial profiling pertains to persons who are viewed as
suspects or potential suspects of criminal behavior. The term is not relevant as it
pertains to witnesses, complainants, persons needing assistance, or other citizen
contacts.
ACTS CONSTITUTING RACIAL PROFILING: are acts initiating law
enforcement action, such as a traffic 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 basis of racial or ethnic stereotypes, rather than upon the
individual's behavior, information identifying the individual as having possibly
engaged in criminal activity, or other lawful reasons for the law enforcement action.
Any person who believes that a peace officer employed by the City of Paris has
engaged in racial profiling with respect to that person, may file a complaint with the
City.
No person shall be discouraged, intimidated, or coerced from filing such a
complaint, nor shall they be discriminated against because he or she has filed such a
complaint. The City shall accept and investigate citizen complaints alleging racial
profiling by its peace officers.
WRITTEN COMPLAINT
1. Date when incident occurred
2. Time when incident occurred
3. Street and block where incident occurred
4. Officer's name or description
5. Type of contact:
Traffic
or Pedestrian
(SEE NEXT PAGE)
34
DESCRIPTON OF PROFILING COMPLAINT
Write out your statement below and include all of the details of the incident alleging
racial profiling. This statement should be turned into any Officer of the Paris Police
Department or to the Chief of Police.
(You may write on back or use additional sheets if necessary)
SIGNATURE:
DATE:
OFFICER RECEIVING:
GIVEN TO I.A.O.:
35
COMPLAINT PROCESS & INVESTIGATION
1. Any person who believes that a peace officer employed by the City has
engaged in racial profiling with respect to that person may file a complaint
with the City.
2. No person shall be discouraged, intimidated, or coerced from filing such a
complaint, or be discriminated against because they have filed such a
complaint.
3. The City shall accept and investigate citizen complaints alleging racial
profiling by its peace officers.
4. Complaints shall be in writing and should include the time, place, and details
of the incident of alleged racial profiling, the identity or description of the
peace officer or officers involved, and the identity and manner of contacting
the complainant.
5. Any peace officer, city employee, or city official who receives a citizen
complaint alleging racial profiling shall forward the complaint to the
Internal Affairs Officer or Chief of Police within 72 hours of receipt of
complaint. Receipt of each complaint shall be acknowledged to the
complainant in writing.
6. All such complaints shall be reviewed and investigated by the Internal
Affairs Officer within a reasonable period of time and the results of the
review and investigation shall be filed with the Chief of Police, the Officer
who is alleged to have engaged in racial profiling, and with the complainant.
7. In investigating a complaint alleging racial profiling, the Internal Affairs
Officer shall seek to determine if the Officer who is the subject of the
complaint has engaged in a pattern of racial profiling that includes multiple
acts constituting racial profiling for which there is no reasonable, credible
explanation based on established police and law enforcement procedures.
8. A single act constituting racial profiling may not be considered a pattern of
racial profiling, and shall not be grounds for corrective action.
9. In the event that a complaint of racial profiling filed by an individual
involves an occurrence that was recorded on audio or video, the Internal
Affairs Officer shall, upon commencement of the investigation of the
complaint and upon written request of the officer, promptly provide a copy
of the recording to the peace officer that is a subject of the complaint.
36
EDUCATIONAL CAMPAIGN/INFORMING
THE PUBLIC
The City of Paris Police Department has taken the following actions to ensure that
the information relating to our policy disallowing racial profiling has been made
known to the public:
1. Made racial profiling policy available to all local media.
2. Published the Paris Police Department's racial profiling policy and
information regarding complaint procedure in THE PARIS NEWS
(local newspaper) several times.
3. Published on-line racial profiling policy and complaint information which
may be accessed any time on the world wide web at the location of the City
of Paris website: www.oaristexas.gov
4. Created complaint forms which are available at any time from any officer
of this department or at any time from the lobby of the police station located
at 2910 ClarksviIle Street, Paris, Texas.
5. Officers of the department have been instructed in the law and are available
to, and have answered-requests about the law and complaint procedure.
37
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