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11-ANNUAL PRESENTATION OF THE REPORT ON RACIAL PROFILING POLICYCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: Ol/14/11 Council Date: Police Dr. Eric Fritsch, iJNT Denton 11. 02/28/11 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: 2010 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: 0 Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library Z Police ❑ Eng./Public Works ❑ Utilities City of Paris 59 Revised 2/04/08 - PARIS POLICE DEPARTMENT 2010 R.ACIAL PROFILING ANALYSIS PREPARED BY: Eric J. Fritsch, Ph.D. Chad R. Trulson, Ph.D. fes sro~arrDeveP opment PIDIPM nstitute 1 University of North Texas cn n 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 af individuals stopped and issued citations or an•ested for traffic violations and whether or not those individuals were searched. Since the law provides no clear instruction to a governing body an 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 fmm the Paris Police Department revealed the following: • A COMPREHENSIVE REVIEW OF THE PAR1S POLICE DEPARTMENT'S RACIAL PROFILING POLICY SHOWS THAT THE PARIS POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2132 OF THE TEXAS CODE OF CR[MINAL PROCEDURE. • A REVIEW OF THE 1NFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE PARIS POLICE DEPARTMENT IS FULLY 1N COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. • A REVIEW OF THE DOCUMEIYTATION PRODUCED BY THE DEPARTMENT REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITN APPLICABLE TEXAS LAW ON THE RACIAL PROFILINC 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 COGLECTION OF RACIAL PROF[LING DATA. o THE ANALYSIS OF STAT[STICAL INFORMATION FROM PARIS POLICE DEPARTMENT REVEALS THAT THERE ARE NO METHODOLOGICALLY CONCLUSIVE INDICATIONS OF SYSTEMIC RACIAL PROF[LING BY THE DEPARTMENT. • THE PARIS POLICE DEPARTMENT 1S FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE PROHI6ITION OF RACIAL PROFILING. • THE PARIS POLICE DEPARTMENT IS FULLY 1N COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE REPORTING OF [NFORMATION TO TCLEOSE. - • 61 Introduction This report details an analysis of the Paris Police Department's policies, training, and statistical information on racial profiling for the year 2010. 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 Aolice Department in 2010. The full copies of the applicable laws and regulations pertaining to this report are contained in Appendix A. This report is divided into six 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; analysis of Paris Police Department's compliance with applicable laws on racial profiling; and a final section which includes completed data and information reporting forms required to be sent to TCLEOSE beginning in 2011. 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 Palicy" 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 cavered 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 terrnination. 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 COMPREHENS/VE REVIEW OF PARIS POLICE DEPARTMENT'S RACIAL PROFILlNC POL/CY SHOWS THAT THE PARJS POLICE DEPARTMENT IS FULLY IN COMPL7,9NCE WITH ARTIGLE 2.132 OF TNE TEXAS CODE OF CR/MINAL PROCEDURE. Paris Police Department Training and Edacation 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 2010. Racial profiling training is specifically covered in Paris Police Department's Racial Profiling Policy Part N. All Paris Police Department officers are trained and instructed on the racial profiling law in Texas. In addition, officers also receive mandatory ~ 62 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 /NFORMATION PRESENTED AND SUPPORTlNG DOCUMENTATION REVEALS THAT THE PARIS POL/CE DEPARTMENT IS FULLY lN COMPLLANCE WITH TEXAS L,4W ON TRAINING AND EDUCAT/ON REGARD/NG RAC/AL PROFIL/NG. 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 1oca1 media; 2) Published racial profiling policy and complaint informarion on the Ciry of Paris website; 3) Created complaint forms which are available at any time fi•am any officer or at any time from the lobby of the police station; and 4) 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 REV/EW OF THE DOCUMBNTATION PRODUCED BY THE DEPARTMENT REVEALS THAT THE DEPARTMENT /S FULLY /N COMPLIANCE W/TH APPL/CABLE TEXAS LAW ON TNE RACIAL PROF/LING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT TNE COMPLAINT PROCESS. Paris Police Department Statistical Data on Racial Profiliog Article 2.132(b) 6 requires that law enforcement 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 2010 and accompanying information on the race of the person cited. Accompanying this data was the relevant infotmation on searches and arrests. ANALYSIS OF THE DATA RE6'EALS THAT THE DEPARTMENT /S FULLY /N COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. - 1 63 Analysis of the Data The first chart depicts the percentages of people cited by race including Whites, African- Americans, and Hispanics. ' White drivers constituted 68.50 percent of all drivers cited, whereas Whites constituted 66.20 percent of the city population and 78.50 percent of the county population.2 The chart shows that White drivers were cited at a rate that is equivalent to the percentage of Whites in the city population and lower than the percentage of Whites in the county population. African-American drivers constituted 27.65 percent of all drivers cited, whereas African-Americans constituted 22.30 percent of the city population and 12.90 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 3.16 percent of all drivers cited, whereas Hispanics constituted 6.60 percent of the city population and 5.30 percent of the county population. Hispanics were cited at rates lower than the percentage of Hispanics found in the city and county populations. 90% so% 70% 60% 50% 40% 30% 20% ~ 10% 0% ~ite African- America n H ispani c City Population 66.20% 22.30% 6.60% County Population 78.50% 12.90% 5.30% 0% Citations 68.50% 27.65% 3.16% 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 ternis of their 1 lnformation contained in the first chart excludes information pertaining to 6 citations issued to motorists classified as Native American, l citation issued to a motorist classified as Middle Eastern, and 6 citations issued to a motorist classified as "other." Moreover, the total number of citations of 3,736 is comprised of 3,281 citations only and 455 arrests only. ' City and County population figures are derived from the 2005-2009 American Community Survey estimates at http://facttinder.census.=ov/home-saft%inain html'? lan~,-en. 64 race/ethnicity. These aggregated data are to be subsequently analyzed in order to determine whether or not irzdividual officers are "racially profiling" motorists. This methodological error, commonly referred to as the "ecological fallacy," defines the dangers involved in making assertions about individual officer decisions based on the examination of aggregate incident level data. In short, one cannot "prove" that an ifadividcia/ 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 "racial 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 deeisions 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 ofticer who has stopped a motorist as a result of the discovery of an outstanding warrant does not ifideperadently 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-discretianary law 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 nat 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 from the U.S. census (e.g., American Community Survey 2005-2009 estimates) can become quickly outdated. 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 or not racial profiling exists within a given jurisdiction. ~ ~ 65 The table below reports the surmnaries for thetoaal~n~ um ~~i't affic offenses n 2010 (3,736)~ subsequent to being stopped by the Paris Polx,e Dep In addition, the table shows the number of i~di he tos who gChart e bows thatt oughly 61 pe cent drivers who were arrested at the conclusion P. The were of all drivers searched were White (]48/24 ~~~43 Hispanuchit is clear from the tble that African American, and roughly 7 percent ( ) were the vast inajority of the total number of drivers cit ou all dri ers who werec ed we e not Hispanic groups) were n o t s e a r c h e d, a s r o u g h l y 93 percent searched (243/3,736). Action White African- American His anic P Asian Native Americanl Other Total Citations 2,559 1,033 118 13 13 3,736 Searches 148 79 16 0 0 243 Consent Searches 94 31 10 0 0 125 235 1 196 I 21 ( 0 ~ 3 Arrests Note: "Searches includes consent and non-consent searches combmed The bar chart below presents the percentage o~ a~~ers that we eecited conswereent consent each racial category. The chart mdicates tha dri vers searched across the racial categories. For e searches) 3.0 percenttof al1 African~ were cited were also searched by consent (84 total conent 8.47 American drivers who were cited were searche da We eS searched consent (1 Oht talaconsent percent of all Hispanic drivers who were crt searches). 3 Note that the total number of "citations" at 3,736 includes arrests. There were 3,281 citations only and 455 arrests for a total of 3,736 "citations." 66 Consentl 3 2g% Searched African- Hispanic Arnerican 8.47% 3.00°l0 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 2010. ln addition to providing summary reports and analysis of the data collected by the Paris Police Department in 2010, 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 periodi uation~ t new ncludes lys equ red TCLEOSE eplorting traffic stops. The final section of this ePoinformation by Texas law enforcement organizations. 67 Paris Police Department TCLEOSE Reporting Forms _ 68 'F o~ partial Exemption E2acial Profiling Reporting (Tier 1) Department Name Agency Number Chisf Administrator Name Reporting Name Contact Number E-maii Addess : 7 , , ~I.? rt U 3 f5~,,- ~d , • ; t~`-`I~"X-/.#-", ' Certification to Report 2.132 (Tier 1) - Partial Exemptian Policy Requtrements (2,132{b} CCP): Each law enforcement agency in this state shall adopt a detailed written policy on raciat profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace afficers employed by the agency from engaging in racial profiling; (3) impiement a process by which an individual may file a complaint with the agency i the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individuai; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action ta be taken against a petl ie oa airp( ~pl'nged by the agency who, after an investigation, is shown to have engageviolation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including infarmation relating to: (A) the racs or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elscted, employed, or appointed, to submit an annual report of the information collected under 5ubdivision (6) to: (A) the Commission an Law Enforcement Officer Standards and h~uaaencyaif d (B) the gaverning bady of each county or mun+cipality served by g the agency is an agency of a county, municipality, or other political subdivision of the state. These polices are in effect 69 Partial Exemption Racial Profiling Reparting - Tier 1 ~ h~~.~,~•yw: al Exemptian Racial Profiling Reporting ~ Parti (Tier 1) Video and Audio Equipment Exemption Partial Exemption Giaimed by (2.135(a) CCP): 5~1 ail cars regufarly used for motor vehicle stops are equipped with video camera and transmitter-activated equipment and each mator stop is recorded and #he recording of the stop is retained for at least 90 days after the stop. OR in accordance with 2.135(a)(2) the agency has requested and ❑ not received funds to instali the recording equipment I ciaim this ? ~ exemption ~ Chief Admirnstratar ol D il Date 70 Partiai Exemotion Raciai Profiling Reporting - Tier 1 ~7.E QF'i. Partial Exemptian Racial Profiling Reporting (Tier 1) Option to submit required data by utilizing agency reporE You must submit your report in PDF farmat Electronic Submission of data required by 2.132(b)(6) CCP (6) reQuire coNection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, vrhether the individual detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and This report meets the above J -L) requirements Chief A min strator Date ~ Send entire documents electronically to this website wvvw.tcleose.state.tx. us 71 partial Exemption Racia! Profiling Reporting - Tier 1 Appendix A Racial Profiling Statutes and Laws Art. 3.05. RACIAL PROFILING. In this code, "racial protiling" means a law enforcement-initiated action based on an individual"s race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Added by Acts 2001, 77th Leg., ch. 947, Sec. 2, ef£ Sept. 1, 2001. Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Added by Acts 2001, 77th Leg., ch. 947, Sec. l, eff. Sept. l, 2001. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, Ceas who make municiality, lh cle r other political subdivision of the state, that employs peace off stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle far an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent. (b) Each 1aw enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; 72 Appendix A Racial Profiling Statutes and Laws Art. 3.05. RACIAL PROFILING. In this code, "racial protiling" means a law enforcement-initiated actian based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or an information identifying the individual as having engaged in criminal activity. Added by Acts 2001, 77th Leg., ch. 947, Sec. 2, eff. Sept. 1, 2001. Art. 2131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Added by Acts 2001, 77th Leg., ch. 947, Sec. l, eff. Sept. 1, 2001. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern 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; - 1 73 (2) strictly prohibit peace officers employed by the agency from engaging in racial proiiling; (3) implement a process by which an individual may file a coinplaint with the agency if the individual believes that a peace officer employed by the agency bas engaged in racial protiling with respect to the individual; (4) pmvide public education relating ta 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) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and (C) whether the peace afficer knew the race or ethniciry of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility af installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. If a law enforcement agency installs video or audio equipment as provided by this - ~ 74 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)(?) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy af the recording to the peace officer who is the subject of the complaint on written request by the officer. (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81 st Leg., R.S., Ch. 1172, Sec. 25, eff. September l, 2009. Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the persan or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; - - 75 (3) whether the officer conducted a searcb as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any cantraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the an•est of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traftic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the ofticer issued a written warning or a citation as a result of the stop. Added by Acts 2001, 77th Leg., ch. 947, Sec. l, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 26, eff. September 1, 2009. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education 76 and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; and (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race ar ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. l, eff. Sept. 1, 2001. 77 Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 27, eff. Septembei• 1, 2009. Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDlO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 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 motor vehicle stops is equipped with video camera and transmitter- activated equipment and each law enforcement motorcycle regularly used to make motor vehicle stops is equipped with transmitter-activated eyuipment; and (B) each motor vehicle stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle 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. 78 (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81 st Leg., R.S., Ch. 1172, Sec. 28, ef£ September 1, 2009. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Added by Acts 2001, 77th Leg., ch. 947, Sec. l, eff. Sept. l, 2001. Art. 2.137. PROVISION OF FUNDING OR EQUIPIVIENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforce►nent 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 ta law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall callaborate with an institution of higher education to identify law enforcement agencies that need f'unds 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 include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. - 79 (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 ar municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Departrnent 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 conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Artiele 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Added by Acts 2001, 77th Leg., ch. 947, Sea 1, eff. Sept. 1, 2001. Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. l, 2001. Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a lacal law enforcement agency intentianally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to colleet a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. Added by Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 29, eff. September 1, 2009. . 80 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 reinfarce procedures that serve to ensure public confidence and mutual trust through the provisian 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. Tbis 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, ethnicity, 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 and/or 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. 81 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 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 traftic. 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 interrnediate 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 palice, 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 sha11 complete the program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September l, 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. 82 B. No person shall be discouraged, intimidated, or coerced fram 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 afticers. D. Complaints may be made to any peace ofticer employed by the City of Paris Police Department and shall be in writing and should include the rime, 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 afficer 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 af 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 pmfiling 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 tbe 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. Vl. 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; ar 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. 83 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 far 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 afficer 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 af 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. 84 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. X. ANNUAL RECERTIFICATION OF NEED FOR FUNDS 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 shauld funds be made available by the State of Texas for this purpose, the Ciry 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. - 85 Appendix C Racial Profiling Laws and Corresponding Department Policies Texas CCP Article PARiS POLICE DEPARTMENT Racial Profilin Polic 2.132 b 1 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 5 Part VI Corrective Actian 2.132(b)6 Part VIII Citation Data Collection & Re ortin 2.132(b) 7 Part VIII Citation Data Collection & R ortin 8 C)