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
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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
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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%
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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
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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.
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.
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.
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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
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(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
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(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
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(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
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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
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(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.
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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.
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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.
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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
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V