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10-Presentation of the annual report on racial profiling policyCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 02/23/10 Council Date: Police Dr. Eric Fritsch, LTNT Denton 10. 03/08/10 RECOMMENDED MOTION: Not an action item. POLICY ISSUE(S): Required by State Statute BACKGROUND: Article 2.13 (7) of the Texas Code of Criminal Procedure requires the annual reporting to the local governing body of data collected on the race or ethnicity of individuals stopped and issued citations or arrested for traffic violations and whether or not those individuals were searched. Dr. Eric Fritsch of the University of North Texas at Denton has been retained as a consultant to prepare the reports based on raw data supplied by the Paris Police Department. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: 2009 Paris Police Department Racial Profiling Report ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ Z Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library Z Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 P.A,RIS POLICE DEPAR.TMENT 2009 F:ACLAI, PROFILING A1VALYSIS PREPARED BY: Eric J. Fritsch, Ph.D. Chad R. Trulson, Ph.D. 6I ;'~'f~`6a,.e. Pd" University of North Texas rl ~l .i~ , f.s t~ 31 Executive Summary Article 2.132 (7) of the Texas Code of Criminal Procedure requires the annual reporting to the local governing body of data collected on the race or ethnicity of individuals stopped and issued citations or arrested for traffic violations and whether or not those individuals were searched. Since the law provides no clear instruction to a governing body on how to review such data, the Paris Police Department requested this analysis and review to assist the City Council in reviewing the data. The analysis of material and data from the Paris Police Department revealed the following: • A COMPREHENSNE REVIEW OF THE PARIS POLICE DEPARTMENT'S RACIAL PROFILING POLICY SHOWS THAT THE PARIS POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE. • A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCLJMENTATION REVEALS THAT THE PARIS POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. • A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. • ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. • THE ANALYSIS OF STATISTICAL INFORMATION FROM PARIS POLICE DEPARTMENT REVEALS THAT THERE ARE NO METHODOLOGICALLY CONCLUSIVE INDICATIONS OF SYSTEMIC RACIAL PROFILING BY THE DEPARTMENT. • THE PARIS POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE PROHIBITION OF RACIAL PROFILING. 2 r~ ~ (J 9 ..r Introduction This report details an analysis of the Paris Police Department's policies, training, and statistical information on racial profiling for the year 2009. This report has been prepared to specifically comply with Article 2.132 of the Texas Code of Criminal Procedure (CCP) regarding the compilation and analysis of racial profiling data. Specifically, the analysis will address Articles 2.131 - 2.135 of the CCP and make a determination of the level of compliance with those articles by the Paris Police Department in 2009. The full copies of the applicable laws and regulations pertaining to this report are contained in Appendix A. This report is divided into five analytical sections: Paris Police Department's policy on racial profiling; Paris Police Department's training and education on racial profiling; Paris Police Department's complaint process and public education on racial profiling; analysis of statistical data on racial profiling; and an analysis of 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'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 (Texas CCP Article 3.05). Paris Police Department Policy on Racial Profiling A review of Paris Police Department's "Racial Profiling Policy" revealed 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 in Paris Police Department's racial profiling policy. Paris Police Department policies provide clear direction that any form of racial profiling is prohibited and that officers found engaging in inappropriate profiling may be disciplined up to and including termination. The policies also provide a very clear statement of the agency's philosophy regarding equal treatment of all persons regardless of race, ethnicity, or national origin. Appendix C lists the applicable statute and corresponding Paris Police Department regulation. A COMPREHENSIVE REVIEW OF PARIS POLICE DEPARTMENT'S RACIAL PROFILING POLICY SHOWS THAT THE PARIS POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE. Paris Police 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 by Paris Police Department reveals that racial profiling training and certification is current for all officers in 2009. Racial profiling training is specifically covered in Paris Police Department's Racial Profiling Policy Part IV. All Paris Police Department officers are trained and instructed on the racial profiling law in Texas. In addition, officers also receive mandatory 3 - 600117~ cultural diversity training. All officers have been instructed on the policies and procedures regarding racial profiling and the accompanying complaint process as well. A REVIEW OF THE INFORMATION PRESENTED AND SIIPPORTING DOCUMENTATION REVEALS THAT THE PARIS POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. Paris Police 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. Paris Police Department's Racial Profiling Policy Part V and VII cover this requirement. The City of Paris Police Department has taken the following actions to ensure that the information relating to the 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 the complaint procedure in The Paris News several times; 3) Published racial profiling policy and complaint information on the City of Paris website; 4) Created complaint forms which are available at any time from any officer or at any time from the lobby of the police station; and 5) 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 DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. Paris Police Department Statistical Data on Racial Profiling Article 2.132(b) 6 requires that law enfarcement agencies collect statistical information on traffic citations and detentions with specific information on the race of the person cited. In addition, information concerning searches of persons and whether or not the search was based on consent is also collected. Paris Police Department submitted statistical information on all citations in 2009 and accompanying information on the race of the person cited. Accompanying this data was the relevant information on searches and arrests. ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. 4 . - Analysis of the Data The first chart depicts the percentages of people cited by race including Whites, African- Americans, and Hispanics.' White drivers constituted 71.44 percent of all drivers cited, whereas Whites constituted 70.79 percent of the city population and 80.65 percent of the county population.2 The chart shows that White drivers were cited at a rate that is nearly identical to the percentage of Whites in the city population and lower than the percentage of Whites in the county population. African-American drivers constituted 26.48 percent of all drivers cited, whereas African-Americans constituted 22.26 percent of the city population and 13.47 percent of the county population. African-American drivers were cited at a rate that is slightly higher than the percentage of African-Americans found in the city population. African-American citation rates were also higher than the percentage of African-Americans in the county population. Hispanic drivers constituted 1.86 percent of all drivers cited, whereas Hispanics constituted 4.12 percent of the city population and 3.33 percent of the county population. Hispanics were cited at rates lower than the percentage of Hispanics found in the city and county populations. 90% ~ $D°'' o 7Q°',~o , ~ - C}°' 6 ~ » ~ ~ ~ . ~ l 5C}° a 4C7°' . o 30% ~ 20% . ~e 10% ~ a ~ 0- , Wh ite Africa n- H ispa n i+c American O`V. City PopLilation 7Q.79°fn 22.26% 4.12 % .I%, County Population 80.651% 13.47% 3.33% o1/. Citatians 71 .44°/n 26.48°/a 1.86/o As the chart shows, easy determinations regarding whether or not Paris police officers have "racially profiled" a given motorist are impossible given the nature of the data that has been collected and presented for this report. The law dictates that police agencies compile aggregate- level data regarding the rates at which agencies collectively stop motorists in terms of their race/ethnicity. These aggregated data are to be subsequently analyzed in order to determine whether or not individual officers are "racially profiling" motorists. 1 Information contained in the first chart excludes information pertaining to 3 citations issued to cirizens classified as "other" and 2 citations to citizens classified as Asian. 2 City and County population figures are derived from 2000 Census data. 5 E; 0 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 incident level data. In short, one cannot "prove" that an individual officer has "racially profiled" any individual motorist based on the rate at which a department stops any given group of motorists. Additional interpretation problems remain in regards to the specific measurement of "racia] profiling" as defined by Texas state code. For example, officers are currently forced to make subjective determinations regarding an individual's race based on his or her personal observations because the Texas Department of Public Safety does not provide an objectively- based determination of an individual's race/ethnicity on the Texas driver's license. The absence of any verifiable race/ethnicity data on the driver's license is especially troubling given the racial diversity within the city of Paris. The validity of any racial/ethnic disparities discovered in the aggregate level data becomes threatened in direct proportion to the number of subjective "guesses" officers are forced to make when trying to determine an individual's racial/ethnic background. In addition, the data collected for the current report does not allow for an analysis that separates (or disaggregates) the discretionary decisions of officers to stop a motorist from those that are largely non-discretionary. For example, non-discretionary stops of motorists based on the discovery of outstanding warrants should not be analyzed in terms of whether or not "profiling" has occurred simply because the officer who has stopped a motorist as a result of the discovery of an outstanding warrant does not independently make the decision to stop, but rather, is required to stop that individual regardless of any determination of race. An officer cannot be determined to be "racially profiling" when organizational rules and state codes compel them to stop regardless of an individual's race/ethnicity. Straightforward aggregate comparisons of stop rates ignore these realities, and fail to distinguish between discretionary and non-discretionary ]aw enforcement actions. In the future, this validity issue could be lessened by the collection of data indicating the initial reason for the traffic stop, whether it be an observed traffic violation, other criminal activity, the existence of an outstanding warrant, or some other reason. Finally, there has been considerable debate as to what the most appropriate population "base- rate" is in determining whether or not racial/ethnic disparities exist. As the current analysis shows in regards to the use of city and county population base-rates, the outcome of analyses designed to determine whether or not disparities exist is obviously dependent on which base-rate is used. In addition, recent population changes in the city of Paris exacerbates problems associated with determining appropriate base-rates because measures derived exclusively from the U.S. census can become quickly outdated since they are compiled only once per decade. Moreover, the determination of valid stop base-rates becomes multiplied if analyses fail to distinguish between residents and non-residents who are stopped, 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 short, the methodological problems outlined above point to the limited utility of using aggregate level comparisons of the rates at which different racial/ethnic groups are cited in order to determine whether ar not racial profiling exists within a given jurisdiction. 6 " 1s'0t1 17J The table below reports the summaries for the total number of persons cited and searched subsequent to being stopped by the Paris Police Department for traffic offenses in 2009 (2,360).3 In addition, the table shows the number of individuals who granted consent to search and those drivers who were arrested at the conclusion of the stop. The chart shows that roughly 68 percent of all drivers searched were White (93/137 total searches), roughly 31 percent (43/137) were African American, and less than 1 percent (1/137) were Hispanic. It is clear from the table that the vast majority of the total number of drivers cited (including White, African-American, and Hispanic groups) were not searched, as roughly 94 percent of all drivers who were cited were not searched (137/2,360). Action White African- American Hispanic Asian Other Total Citations 1,686 625 44 2 3 2,360 Searches 93 43 1 0 0 137 Consent Searches 67 25 0 0 0 92 Arrests 230 201 13 0 3 447 The bar chart below presents the percentage of drivers that provided consent to search within each racial category. The chart indicates that drivers who were cited were rarely consent searched across the racial categories. For example, only 3.97 percent of all White drivers who were cited were also searched by consent (67 total consent searches) and 4.00 percent of all African-American drivers who were cited were searched by consent (25 total consent searches). 3 Data on Citations, Searches, and Consent Searches are based on cases filed in the Municipal Court of the City of Paris, Texas utilizing information as reported on traffic citations. These data are compiled by the Clerk of the Municipal Court. Data on Arrests are based on data obtained from the Paris Police Department and include arrests which arose out of officer-initiated traffic stops in 2009. 7 ~~!~i 0 0 5% ~ 4% 4% rt,~ ~ . 3°!o 4 s ~ 3/a 2/( 4 Q' ! 2% I% . / 1 % a% Africa n- iNh ite H is pa iiic Americari o 1-Y-) Consent 3 9 7`-'io a0~'l~ O 4. 0 00c, Sea rc hed . . Analysis of Racial Profiling Compliance by Paris Police Department The foregoing analysis shows that the Paris Police Department is fully in compliance with all 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. Finally, internal records indicate that the department did not receive any complaints in reference to racial profiling for the year 2009. In addition to providing summary reports and analysis of the data collected by the Paris Police Department in 2009, this report also included an extensive presentation of some of the limitations involved in the level of data collection currently required by law and the methodological problems associated with analyzing such data for the Paris Police Department as well as police agencies across Texas. The Paris Police Department should continue its educational and training efforts within the department on racial profiling. Finally, the department should conduct periodic evaluations to assess patterns of officer decision-making on traffic stops. 8 ; ''e 7 Appendix A Racial Profiling Statutes and Laws 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, § 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, § 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 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) provide public education relating to the agency's complaint process; 9 ~0 0 I ~ ! j (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 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 governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) 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 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). (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. Added by Acts 2001, 77th Leg., ch. 947, § 1, eff. Sept. 1, 2001. Art. 2.133. Reports Required for Trafric and Pedestrian Stops (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). 10 n E.~, 0 C. t ' ! (2) "Pedestrian stop" means an interaction between a peace officer and an individua( 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 shal] report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person 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 traffic law or ardinance 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 any contraband was discovered in the course of the search and the type of contraband discovered; (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. Added by Acts 2001, 77th Leg., ch. 947, § 1, eff. Sept. 1, 2001. 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 year, each ]ocal 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. 11 ti. ~ p ~ E ~'c~ (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 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 of this article shall not constitute prima facie evidence of racial profiling. Added by Acts 2001, 77th Leg., ch. 947, § 1, eff. Sept. 1, 2001. Art. 2.135. Exemption 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 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 12 ~ t ` 0 P a described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the 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. Added by Acts 2001, 77th Leg., ch. 947, § 1, eff. Sept. 1, 2001. § 1701.253. School Curriculum (a) The commission shall establish minimum curriculum requirements for preparatory and advanced courses and programs for schools subject to approval under Section 1701.251(c)(1). (b) In establishing requirements under this section, the commission shall require courses and programs to provide training in: (1) the investigation and documentation of cases that involve: (A) child abuse or neglect; (B) family violence; and (C) sexual assault; (2) issues concerning sex offender characteristics; and (3) crime victims' rights under Chapter 56, Code of Criminal Procedure, and Chapter 57, Family Code, and the duty of law enforcement agencies to ensure that a victim is afforded those rights. (c) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on civil rights, racial sensitivity, and cultural diversity for persons licensed under this chapter. (d) Training in documentation of cases required by Subsection (b) shall include instruction in: (1) making a written account of the extent of injuries sustained by the victim of an alleged offense; 13 Y + ~0 , , ~ ~J 1 V (2) recording by photograph or videotape the area in which an alleged offense occurred and the victim's injuries; and (3) recognizing and recording a victim's statement that may be admissible as evidence in a proceeding concerning the matter about which the statement was made. Text of subsection (e) added by Acts 2001, 77th Leg., ch. 657, § 4 (e) As part of the minimum curriculum requirements relating to the vehicle and traffic laws of this state, the commission shall require an education and training program on laws relating to the operation of motorcycles and to the wearing of protective headgear by motorcycle operators and passengers. In addition, the commission shall require education and training on motorcycle operator profiling awareness and sensitivity training. Text of subsection (e) added by Acts 2001, 77th Leg., ch. 897, § 1 (e) Training officers and recruits in investigation of cases required by Subsection (b)(1)(B) shall include instruction in preventing dual arrest whenever possible and conducting a thorough investigation to determine which person is the predominant aggressor when allegations of family violence from two or more opposing persons are received arising from the same incident. Text of subsection (e) added by Acts 2001, 77th Leg., ch. 929, § 5 (e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on asset forfeiture under Chapter 59, Code of Criminal Procedure, 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 earlier. Text of subsection (e) added by Acts 2001, 77th Leg., ch. 947, § 4 (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 earlier. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 657, § 4, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 897, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 929, § 5, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 947, § 4, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1034, § 14, eff. Sept. 1, 2001. 14 § 1701.402. Proficiency Certificates (a) The commission shall issue certificates that recognize proficiency based on law enforcement training, education, and experience. For this purpose the commission shall use the employment records of the employing agency. (b) As a requirement for a basic proficiency certificate, the commission shall require completion of local courses or programs of instruction on federal and state statutes that relate to employment issues affecting peace officers and county jailers, including: (1) civil service; (2) compensation, including overtime compensation, and vacation time; (3) personnel files and other employee records; (4) management-employee relations in law enforcement organizations; (5) work-related injuries; (6) complaints and investigations of employee misconduct; and (7) disciplinary actions and the appeal of disciplinary actions. (c) An employing agency is responsible for providing the training required by this section. Text of subsec. (d) as added by Acts 2001, 77th Leg., ch. 929, § 6 (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on asset forfeiture established by the commission under Section 1701.253(e). Text of subsec. (d) as added by Acts 2001, 77th Leg., ch. 947, § 5 (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial proflling established by the commission under Section 1701.253(e). Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 929, § 6, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 947, § 5, eff. Sept. 1, 2001. 15 Appendix B Paris Police Department Racial Profiling Policy 1. PURPOSE The purpose of the policy is to reaffirm the Paris Police Department's commitment to unbiased policing in all its encounters between officers 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 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, ett►nicity, or 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 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. 16 r1.. , t~ U .x # .i B. Race ar 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 individuals' 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 (TCLEOSE) 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 of the Texas Occupations Code or the date 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 (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. 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, irAimidated, or coerced from filing such a complaint, nor shall they be discriminated against because he or she has filed such a complaint. " " 0 0 1 1) 3 17 C. The City shall accept and investigate citizen complaints alleging racial profiling by its peace officers. D. Complaints may be made to any peace officer employed by the City of Paris Police Department and 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 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. 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 findings of the investigation as well as any corrective action which is taken shall be provided in writing to the complainant and to the officer alleged to have engaged in racial profiling. F. In investigating a complaint alleging racial profiling, the Internal Affairs Officer shall seek to determine if the 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. G. The Internal Affairs Officer shall, upon commencement of the investigation of the complaint and upon written request of the officer who is subject of the complaint, promptly provide a copy of the video or audio recording of the occurrence on which the complaint is based to that officer. 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 correction 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. ~ ~ ~ r; - 18 t 6 lr .J 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. Officers must record the following information for each such traffic stop: 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 the cited violation or any other violation. The department shall submit a report annually 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 traffic or pedestrian stops from the preceding calendar year. The report will include: A. a breakdown of citations issued and/or arrests made by race or ethnicity; B. the number of citations issued and/or arrests made 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 the cited violation or any other violation. IX. USE OF VIDEO AND AUDIO EQUIPMENT Each motor vehicle regularly used by this department to make traffic and pedestrian stops shall be equipped with a video camera and transmitter-activated equipment, and each motorcycle regularly used by this department to make traffic and pedestrian stops shall be equipped with transmitter-activated equipment. 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, shall be recorded. This department shall retain the video and audiotapes 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 audiotapes, or the audiotape 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. ~io o~ .r~~ 19 X. ANNUAL RECERTIFICATION OF NEED FOR FUND5 FOR AUDIO AND VIDEO EQUIPMENT Each year at the time that the City Council receives the report of the Department as required under Section VIII above, the City Council shall consider certification of the Department's need for funds to install audio and video equipment as set forth in Section IX. Should the City Council determine that such need exists, and should funds be made available by the State of Texas for this purpose, the City Council will so certify that need by resolution and further authorize the Department to make application to the Texas Department of Public Safety for the grant of such funds. 20 Appendix C Racial Profiling Laws and Corresponding Department Policies Texas CCP Article PARIS POLICE DEPARTMENT Racial Profilin Polic 2.132(b) l Part III Definitions 2.132(b)2 Part II Polic 2.132(b)3 Part V Com laint Investi ation 2.132(b)4 Part VII Public Education 2.132(b)5 Part VI Corrective Action 2.132(b)6 Part VIII Citation Data Collection & Re ortin 2.132(b)7 Part VIII Citation Data Collection & Re ortin 0 5IIlFk 21 V