16-A PD 2002 Law Enf Report CITY OF PARIS
- POLICE DEPARTMENT
VIOLATOR CONTACTS
REPORT
- 2002
February5,2003
Since January 1, 2002 the Paris Police Department in accordance with
Texas Racial Profiling Law (S.B. No. 1074), has been collecting police
contact data for the purpose of identifying and responding (if
- necessary), to concerns regarding racial profiling practices. It is my
hope that the findings provided in this report will serve as evidence that
the Paris Police Department continues to strive towards the goal of
- maintaining a strong relationship with the entire community.
- In this report, the reader will encounter several sections designed at
providing background information on the rationale and objectives of
the Texas Racial Profiling Law. Other sections contain information
- relevant to the institutional policies adopted by the Paris Police
Department, whose policy has always been, and will continue to be in
- the future, to banish the practice of racial profiling among its officers.
The final components of this report provide statistical data relevant to
- the public contacts made during the period of 1/1/02 and 12/31/02. This
information has been analyzed and compared to the demographic make
- up of the population data regarding persons residing in the Paris area.
The analysis of the data and recommendations for future areas of
research are also included. It is my sincere hope that the channels of
- communication between community leaders and the Paris Police
Department continue to strengthen as we move forward to meet the
- challenges of the future.
_ PARIS POLICE CONTACT DATA
ANNUAL REPORT
- JANUARY 1 - DECEMBER 31, 2002
Table of Content
(I) Introduction
- A. Opening Statement Outlining Rationale and Objective of
Report
B. Table of Content
C. The Texas Law On Racial Profiling
D. Outline of Requirements Introduced by The Texas Racial
- Profiling Law
_ (II) Background
A. City Demographical Information
- B. Police Department's Background
C. Report on Inventory / Usage of Audio / Video Equipment in
Police Vehicles
(Iii) Responding to The Texas Racial Profiling Law
A. Racial Profiling Policy of the City of Paris
B. Complaint Form and Information
- C. Educational Campaign / Informing the Public
D. Police Contact & Crime Information (1/1/02 - 12/31/02).
- E. Report on Complaints Against Officers
F. Analysis and Interpretation of Data
G. Contact Information
S.B. No. 1074
_ AN ACT
relating to the l~revention of racial profiling by certain peace officers.
-- BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by
-- : adding Articles 2.131 through 2.138 to read as follows:
Art. 2.131. RACIAL PROFILiNG PROHIBITED. A peace officer
-- may not engage in racial profiling.
Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL.
PROFILING. (a) In this article:
_ (j) "Law enforcement agency" means an agency of the state,
or ora 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 ora particular descem,
-- including Caucasian, AfiScan, Hispanic, Asian, or Native American descent.
_ (b) Each law enforcement a~enc¥ in this state shall adopt a detailed
written policy on racial profiling- The policy must:
-- (j) clearly define act~ 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 profilin~ with respect to the individual;
(4) provide public education relating to the agency's
complaint process;
(5) require appropriate corrective achon to be taken against
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) requke collection of information relating to traffic stops
-- in which a citation is issued and to arrests resuiting from those traffic stops, including
information relat~ :
(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 installin~ 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. Ifa 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 requked under Subsection (b)(7) may not include
-- identifCng information about a peace officer who makes a traffic stop or about an indMdua!
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 ~hall promptly provide a copy
of the recording to the peace officer who is the subject of the complaint on written request by the
officer.
Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND
PEDESTRIAN STOPS. (a) In this article:
-- (1) "Race or ethnicity" has the meaning assigned by Article
2.132(a).
-- (2) "Pedestrian stop" means an interaction between a peace
officer and an individual who is being detained for the purpose of a criminal investigation in
which the individual is not under arrest,
-- lb) A peace officer who stops a motor vehicle for an alleged violation
ora law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall
-- report to the law enforcement agency that employs the officer information relating to the stop,
including:
(1) a 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 ethnicitv, 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 ordinance alleged to have been violated
~ected offe~me'
(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 an,/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, includin~ a statement of the offense chamed~
(7) the street address or approximate location oftbe stop;
~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 chareed.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
CO! .I,F, CTED. (a) In this article, "pedestrian stop" means an interaction between a peace
-- officer and an indivi~dnal 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 tha~_
March 1 of each year, each local law enforcement agency shall submit a report containing the
- information compiled during the previous calendar year to the governing body of each county or
municipality served by the agency in a manner approved by the agency.
-- (c) A report required under Subsection (b) must include:
(1) a comparative analysis of the information compiled
under Article 2.133 to:
_ ~A) determine the prevalence ofmelal profiling by
peace office~[s employed by the agency; and
(B) examine the disposition of traffic and
pedestrian stops made by officers employed by the agency, includlne searches resulting fi:om the
-- stops; and
~2) information relating to each complaint filed with the
-- agency allegln~ 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
:_ 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)
-- (e) The Commission on Law Enforcement Officer Standards and
Education shall develop guidelines for compilin~ and reporting information as required by thi~
article.
(f} The data collected as a result of the reporting requirements of this
article shall not constitute prima facie evidence of racial profiling.
-- Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND
AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under
I Article 2.133 and a law enforcement a~ency is exempt from the compilation, analysis, and
reporting requirements under Article 2.134 if:
£1) during the calendar year precerlln~ the date that a repor!_
-- under Article 2.134 is requked to be submitted'_.
I~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
-
(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 coniunction with the law enforcement agency, certifies to the
Department of.Public Safety, not later than the date specified by rule by the department, that th.e.
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 a,alo 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. Ifa complaint is filed with the law enforcement agency alleging that a
-- peace officer employed by the agency has engaged in racial profilin~ with respect to a traffic or
pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final
disposition of the complaint.
(c) This article does not affect the collection or reporting
requirements under Article 2.132.
_ Art. 2.136. LIABILITY. A peace officer is not liable for damages.
arising from an act re!,tln~ to the collection or reporting of information as required by Articl~
-- 2.133 or under a policy adopted under Article 2.132,
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) Th~
Department of Public Safety shall adopt rules for pro~din~ funds or video and audio equipment
-- to law enforcement agencies for the purpose ofinstallin? video and audio equipment as
described by Article 2.135 (a)( 1 )(A), including specififing criteria to prioritize funding or
-- equipment provided to law enforcement agencies. The criteria may include consideration ofta~
effort, financial hardship, available revenue, and budget surpluses. The criteria must give
priority to:
(1) law enforcement agencies that employ peace officers
whose primatw duty is traffic enforcement;
-- (2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
-- (b) The Department of Public Safety shall collaborate with an
institution of higher education to identify law enforcement agencies that need funds or video and
audio equipment for the purpose ofirkqt~lllng 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.
-- (c) To receive funds or video and audio equipment fi.om the state for
the purpose ofinstallln~ video and audio equipment as described by Article 2.135(a)(1)(A), the
governin~ body of a county or municipality, in coniunction with the law enforcement agency
-- serving the county or municipality, shall certif~ to the Department of Public Safety that the law
enforcement agency needs funds or video and audio equipment for that purpose.
-- (d) On receipt of funds or video and audio equipment fxom the state
for the purpose ofinstallin~ video and oudlo equipment as described by Article 2.135(a)(1)(A),
the governing body of a county or manicipalitv, in conjunction with the law enforcement agency
_ serving the county or municipaliw, shall certify to the Department of Public Safety that the law
enforcement agency has installed video and audio equipment as described by Article
-- 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1).
Art. 2.138. RULES. The Department of Public Safety may adOpt
rules to implement Articles 2.131-2.137.
SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by
adding Article 3.05 to read as follows:
Art. 3.05. RACIAL PROFILING. In this code. "racial profiling"
means a law enforcement-aumted action based on an md~wdual s rac , ethnicity, or national
origin rather than on the individual's behavior or on information identit~ing the individual as
having engaged-in criminal activity.
_ SECTION 3. Section 96.641, Education Code, is amended by adding
Subsection (j) to read as follows:
-- 0) As part of the initial trainin~ and continuing education for police
chiefs required under this section, the institute shall establish a program on racial profiling. The
program must include an examination of the best practices for:
_ 1~1) monitoring peace officers' compliance with laws and
internal agency policies relating to racial profiling;
-- (2) implementing laws and internal agency policies relating
to preventing racial profiling; and
(3) analyzing and reporting collected information.
SECTION 4. Section 1701.253, Occupations Code, is amended by
adding Subsection (e) to read as follows:
-- (e) As part of the mln~mnm curri¢~flum requirements, the commission
~hall establish a statewide comprehensive education and training program on racial profiling for
officers licensed under this chapter. An officer ~hall 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.
SECTION 5. Section 1701.402, Occupations Code, is amended by
adding Subsection (d) to read as follows:
(d) As a requirement for an intermediate proficiency certificate, an
officer must complete an education and training program on racial profiling established by the
-- commission ~mder Section 1701.253(e).
SECTION 6. Section 543.202, Transportation Code, is amended to
read as follows:
Sec. 543.202. FORM OF RECORD. (a) In this section, "race or
ethrdcity" mearfs of a particular descent, including Caucasian, African, Hispanic, Asian, or
-- Native American descent.
(b~ The record must be made on a form or by a data processing
method acceptable to the department and must include:
(1) the name, address, physical desc. ription includin race or
ethnicity, date of birth, and driver's license number of the person charged;
-- (2) the registration number of the vehicle involved;
(3) whether the vehicle was a commercial motor vehicle as
- defined by Chapter 522 or was involved in transporting hazardous materials;
(4) the person's social security number, if the person was
operating a commercial motor vehicle or was the holder of a commercial driver's license or
-- commercial driver learner's permit;
(5) the date and nature of the offense, including whether the
offense was a serious traffic violation as defined by Chapter 522;
(6) whether a search of the vehicle was conducted and
whether consent for the search was obtained;
_ 7~ the plea, the judgement, and whether bail was forfeited;
(8) [(-7-)] the date of conviction; and
-- (9~ [¢g)] the amount of the fine or forfeiture.
SECTION 7. Not later than January 1, 2002, a law enforcement
agency shall adopt and implement a policy and begin collecting information under the policy as
-- required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law
enforce~en[ .agency shall first submit information to the governing body of each county or
-- municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as
added by this Act, on March 1, 2003. The first submission of information shall consist of
-- information compiled by the agency during the period beginning January 1,2002, and ending
December 31, 2002.
SECTION 8. A local law enforcement agency shall first submit
-- information to the governing body of each county or municipality served by the agency as
required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004.
-- The first submission of information shall consist of information compiled by the agency during
the period beginning January 1, 2003, and ending December 31, 2003.
SECTION 9. Not later than January 1, 2002:
_ (1) the Commission on La~v Enforcement Officer Standards
and Education shall establish an education and training program on racial profiling as required
-- by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and
(2) the Bill Blackwood Law Enforcement Management
Institute of Texas shall establish a program on racial profiling as required by Subsection 0),
_ Section 96.641, Education Code, as added by this Act.
SECTION 10. A person who on the effective date of this Act holds
-- an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer
Standards and Education or has held a peace officer license issued by the Commission on Law
Enforcement Officer Standards and Education for at least two years shall complete an education
_ and training program on racial profiling established under 'Subsection (e), Section 1701.253,
Occupations Code, as added by this Act, not later than September 1, 2003.
-- SECTION 11. An individual appointed or elected as a police chief
before the effective date of this Act shall complete a program on racial profiling established
under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than
_ September 1, 2003.
SECTION 12. This Act takes effect September 1, 2001.
S.B. No. 1074
-- President of the Senate Speaker of the House
_ I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001,
by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House
-- amendments and requested appointment of Conference Committee; May 22, 2001, House
granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a
viva-voce vote.
_ Secretary of the Senate
_ I hereby certify that S.B. No. 1074 passed the House, with
amendments, on May 15, 2001, by a non-record vote; May 22, 2001, House granted request of
-- the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference
Committee Report by a non-record vote.
Chief Clerk of the House
S.B. No. 1074
Approved:
Date
-- Governor
-- OUTLINE OF REQUIREMENTS
-- Background
Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of
Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed
-- this document to assist agencies in complying with the statutory requirements.
The guidelines are written in the form of standards using a style developed from
-- accreditation organizations including the Commission on Accreditation for Law
Enforcement Agencies (CALEA). The standards provide a description of what must be
accomplished by an agency but allows wide latitude in determining how the agency will
-- achieve compliance with each applicable standard.
Each standard is composed of two parts: the standard statement and the commentary.
The standard statement is a declarative sentence that places a clear-cut requirement, or
multiple requirements, on an agency. The commentary supports the standard statement
but is not binding. The commentary can serve as a prompt, as guidance to clarify the
-- intent of the standard, or as an example of one possible way to comply with the standard.
_ standard 1
Each law enforcement agency has a detailed written dkective that:
· clearly defines acts that constitute racial profiling;
-- · strictly prohibits peace officers employed by the agency from engaging in racial
profiling;
· implements a process by which an individual may file a complaint with the
-- agency if the individual believes a peace officer employed by the agency has
engaged in racial profiling with respect to the individual filing the complaint;
· provides for public education relating to the complaint process;
-- · requires appropriate corrective action to be taken against a peace officer
employed by the agency who, at, er investigation, is shovm to have engaged in
racml profiling m wolat~on of the agency s written racial profiling policy; and
-- · requires the collection of certain types of data for subsequent reporting.
Commentary, officers from engaging in iacial profiling, and article 2.132 of the
-- Article 2.131 of the TCCP prohibits
TCCP now requires a written policy that contains the elements listed in this standard. The article also
specifically defines a law enforcement agency as it applies to this statute as an "agency of the state, or ora
-- county, municipality, or other political subdivision of the state, that employs peace officers who make
traffic stops in the routme performance of the officers officml dut es.
The article further defines race or ethnicity as being of "a particular descent, including Caucasian,
-- African, Hispanic, Asian, or Native American." The statute does not limit the required policies to just
these ethnic groups.
This written policy is to be adopted and implemented no later than January 1, 2002.
1 of 4
Standard 2
Each peace officer who stops a motor vehicle for an alleged violation ora law or
-- ordin~ce regulating traffic, or who stops a pedestrian for any suspected offense repons
to the employing law enforcement agency information relating to the stop, to include:
· a physical description of each person detained, including gender and the person's
-- race or ethnicity, as stated by the person, or, if the person does not state a race or
ethnicity, as determined by the officer's best judgment;
· the traffic law or ordinance alleged to have been violated or the suspected offense;
-- · whether the officer conducted a search as a result of the stop and, if so, whether
the person stopped consented to the search;
· whither any contraband was discovered in the course of the search, and the type
- of contraband discovered;
,, whether probable cause to search existed, and the facts supporting the existence of
that probable cause;
-- · whether the officer made an an'est as a result of the stop or the search, including a
statement of the offense charged;
_ · the street address or approximate location of the stop; and
· whether the officer issued a warning or citation as a result of the stop, including a
description of the warning or a statement of the violation charged.
Commentary
The information required by 2.133 TCCP is used to complete the agency reporting requirements found in
Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135
-- TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt fi.om this
reporting requirement by applying for the funds from the Department of Public Safety for video and audio
equipment and the State does not supply those funds. Section 2.135 (a)(2) states, "the governing body of
-- the county or municipality served by the law enforcement agency, in conjunction with the law enforcement
agency, certifies to the Department of Public Safety, not later than the date specified by rule by the
departraent, that the law enforcement agency needs funds or video and audio equipment for the purpose of
installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does not
-- receive from the state funds for video and audio equipment sufficient, as determined by the department, for
the agency to accomphsh that purpos .
-- Standard 3
The agency compiles the information collected under 2.132 and 2.133 and analyzes the
information identified in 2.13 3. .
Commentary,
Senate Bill 1074 from the 77t~ Session of the Texas Legislature created requirements for law enforcement
agencies to gather specific information and to report it to each county or municipality served. New sections
-- of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian
stops. Detained is defined as when a person stopped is not free to leave.
-- Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected
by peace officer employed by the agency. The report is provided to the governing body of the municipality
or county no later than March 1 of each year and covers the previous calendar year.
-- There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133
CCP (tier two).
2 of 4
The minimum requirements for "tier one" data for traffic stops in which a citation results are:
1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of"a
~,particular descent, ~ncludxng Caucas an, Afl.man, Hispamc, As~an, or Nat ye America )
-- 2) whether a search was conducted, and if there was a search, whether it was a consent search or a
probable cause search; and
3) whether there was a custody arrest.
-- The minimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier
two data include:
1) the detained person's gender and race or ethnicity;
-- 2) the type of law violation suspected, e.g., hazardous traffic, non-hazardous traffic, or other criminal
investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses
into'hazardous or non-hazardous);
-- 3) whether a search was conducted, and if so whether it was based on consent or probable cause;
4) facts supporting probable cause;
5) the type, if any, of contraband that was collected;
6) disposition of the stop, e.g., arrest, ticket, warning, or release;
-- 7) location of stop;and
8) statement of the charge, e.g., felony, misdemeanor, or traffic.
Tier one reports are made to the governing body of each county or municipality served by the agency an
annual report of information if the agency is an agency ora county, municipality, or other political
subdivision of the state. Tier one and two reports are reported to the county or municipality not later than
March 1 for the previous calendar year beginning March 1, 2003. Tier two reports include a comparative
-- analysis between the race and ethnicity of persons detained to see ifa differential pattern of treatment can
be discerned based on the disposition of stops including searches resulting fi.om the stops. The reports also
include information relating to each complaint filed with the agency alleging that a peace officer employed
by the agency has engaged in racial profiling. An agency may be exempt fi.om the tier two reporting
-- requirement by applying for the funds fi.om the Department of Public Safety for video and audio equipment
and the State does not supply those funds [See 2.135 (a)(2) TCCP].
-- Reports should include both raw numbers and percentages for each group. Caution should be exercised in
interpreting the data involving percentages because of statistical distortions caused by very small numbers
in any particular category, for example, if only one American Indian is stopped and searched, that stop
_ would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first
case, a 100% search rate would be skewed data when compared to a 50% rate for Caucasians.
Standard 4
-- Ifa law enforcement agency has video and audio capabilities in motor vehicles regularly
used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic
stops, the agency: " . .
-- adopts standards for reviewing and reta g audio and
· inln deo documentation; and
· promptly provides a copy of the recording to a peace officer who is the subject of
_ a complaint on written request by the officer.
Commentary.
The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires
-- that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the
subject of a complaint and the officer makes a written request.
-- Standard 5
Agencies that do not currently have video or audio equipment must examine the
feasibility_of installi~.g such equipment.
3 of 4
Commentary
None
Standard 6
Agencies that have video and audio recording capabilities are exempt from thc reporting
-- requirements of Article 2.134 TCCP and officers are exempt from the reporting
requirements of A~icle 2.133 TCCP provided that:
· the equipment was in place and used during the proceeding calendar year; and
-- · video and audio documentation is retained for at least 90 days.
Commentary
-- The audio and video equipment and policy must have been in place during the previous calendar year.
Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed.
The documentation must be retained until the complaint is resolved. Peace officers are not exempt fi.om
the requirements under Article 2.132 TCCP.
Standard 7
Agencies have citation forms or other electronic media that comply with Section 543.202
-- of the Transportation Code.
Commentary
-- 'Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include:
· race or ethnicity, and
· whether a search of the vehicle was conducted and whether consent for the search was obtained.
4 of 4
DEMOGRAPHICS REPORT
- ~ CITY OF PARIS
The following information regarding the demographic make - up of the
-- residents within the City of Paris, Texas is taken directly from: United
States Census Bureau~ Census 2000.
Total Population: 25_~.~898 = 100%
_ White (Caucasian): 18,332 = 70.8%
- Black (African - American): 5,729 -' 22.1%
- Hispanic (Latino): 1,068 = 4.1%
- American Indian: 226 = 0.9%
Asian: 171 = 0.7%
Others: 372 = 1.4%
- PARIS POLICE DEPARTMENT
- ~ BACKGROUND / MAKE - UP
On January 21st, 1948 the City Council of the City of Paris passed
ordinance #1164 adopting Civil Service for all Police and Firefighters
for the City of Paris. Paris, Texas remains a Civil Service city and is
governed by State Law under Chapter 143 of the Texas Local
Government Code. This elective action brought about the "modern era"
of municipal law enforcement in Paris.
The following is the current allocation of persons employed by the City
of Paris at the Paris Police Department:
Total Number of Employees: 88
Sworn Officer Positions: 65
Emergency Dispatchers: 12
Secretaries: 2
Clerks: 5
Animal Control Officers: 3
Custodian: 1
Also: Reserve Officers / Volunteers: 5
. AUDIO /VIDEO REPORT:
- (EQUIPMENT AND INVENTORY)
(I). Inventory of Equipment
- A. Police Vehicles Assigned and Engaged: 14 (see attached)
B. Police Vehicles Currently Equipped With VCR Equipment: 14
_ C. VCR's Requested From Texas Dept. of Public Safety (DPS): 10
D. VCR's Granted to the City of Paris by the Texas (DPS): 7
- (II) Inspection and Maintenance of VCR Equipment
_ A. Officers Conduct Daily Inspections (Written Documentation)
B. VCR Malfunctions are Reported Immediately (If Any)
C. Vehicles Are Not Used When or if VCR Malfunctions
- D. Tapes Maintained According to Law (90 Days or Longer)
E. Patrol Supervisors review every officer's traffic stop
_ recordings and documents same, (filed in Records)
F. Current State of Equipment and Tape Allocation: Good.
- Still waiting on 7 VCR's granted by the State of Texas. Just recently
purchased our second annual allotment of VCR tapes for all vehicles. It
_ is the policy of the Paris Police Department to discontinue use of any
patrol vehicle when the VCR is inoperable in the Patrol Division.
-- AUDIO/VIDEO ATTACHMENT
Memo Friday, February 21, 2003
To: Chief Karl Louis
- From: Sgt. Bull
Re: Video Equipped Units
The following units are equipped with mobile video systems:
- Unit # Division Status
- 1077 Patrol Corporal Up
1078 Patrol U p
1079 Patrol Up
- 1080 Patrol U p
1081 Patrol Up
- 1083 Patrol Up
1084 Patrol Up
1085 Patrol Up
- 1086 Patrol Sgt. Down
1087 Patrol Up
- 1088 Patrol Up
1069 Patrol K-9 Up
1073 SRO Up
- 1074 Drug Interdiction Up
These are the units which are currently equipped with video systems. (To
the best of my research and knowledge.)
- The video system for unit 1086 has been shipped to Kustom Signal, the
manufacturer, for repair. The unit is not being used during this time as per
- policy.
_ Respectfully s. ut~mitted,
- Sgt. ~John T.~
- RACIAL PROFILING POLICY
- ~ OFTHE
CITY OF PARIS, PARIS, TEXAS
I. PURPOSE
-- The purpose of the policy is to reaffirm the Paris Police Department's commitment to
unbiased policing in all its encounters between officer and any person; to reinforce procedures that
serve to ensure public confidence and mutual trust through the provision of services in a fair and
-- equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they
act within the dictates of departmental policy and the law. This policy is adopted in compliance with
the requirements of Articles 2.131 through 2.13 6, 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 respectftfl manner at all times when
dealing with the public. Txvo 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 respec[ed. 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 fiat 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. The term
-~ _5 Page 1 of 5
-- 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 ora citation, or an arrest based solely upon an
_ individual's race, ethnicity, or national origin or on the basis of racial or ethnic stereotypes,
rather than upon the individual's behavior, information identifying the individual as having
possibly engaged in criminal activity, or other lawful reasons for the law enforcement action.
D. Pedestrian Stop: means an interaction between a peace officer and an individnal 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 t~vo
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.
~ '- _- Page2of 5
-- B. No person shall be discouraged, intimidated, or coerced from filing such a complaint, nor
shall they be discriminated against because he or she has filed such a complaint.
-- C. The City shall accept and investigate citizen complaints alleging racial profiling by its peace
officers.
-- D. Complaints shall be in writing and should include the time, place, and details of the incident
of alleged racial profiling, the identity or description of the peace officer or officers
_ involved, and the identity and manner of contacting the complainant.
E. Any peace officer, city employee, or city official who receives a citizen complaint alleging
_ racial profiling shall forward the complaint to the Internal Affairs Officer or Chief of Police
as soon as is practicable, but in no event any later than 72 hours of receipt of the complaint.
The officer investigating the complaint shall acknowledge his or her receipt of same to the
-- complainant i'n writing.
F. All such complaints shall be reviewed and investigated by the Internal Affairs Officer within
-- a reasonable period of time, and the results of the review and investigation shall be filed with
the Chief of Police, the officer who is alleged to have engaged in racial profiling and with
the complainant.
G. In investigating a complaint alleging racial profiling, the Internal Affairs Officer shall seek
to determine 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.
H. A single act constituting racial profiling may not be considered a pattern of racial profiling,
and shall not be grounds for corrective action.
I. The Internal Affairs Officer shall, upon commencement of the investigation of the complaint
and upon written request of the officer who is the subject of the complaint, promptly provide
-- a copy of the recording 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 corrective action, which may include reprimand; diversity,
sensitivity or other appropriate training or counseling; paid or unpaid suspension; termination of
employment; or other appropriate action as determined by the Chief of Police.
Page 3 of 5
-- VII. PUBLIC EDUCATION
This 4epartment will inform the public o£its policy against racial profiling and the complaint
-- process. Methods that may be utilized to inform the public are the news media, radio, service or
civic presentations, the Internet, as well as governing board meetings. Additionally, information
will be made available as appropriate in languages other than English.
VIII. CITATION DATA COLLECTION & REPORTING
An officer is required to collect information relating to traffic stops in which a citation is
issued or an arrest is made. On the citation or arrest report officers must include:
A. the violator's race or ethnicity;
-- B. t whether a searchvcas conducted;
C. was the search consensual; and
D. whether an arrest was made for this cited violation or any other violation.
-- By March of each year, the department shall submit a report to the City Council of the City
of Paris, Paris, Texas that includes the information gathered by the citations and arrest reports
generated as a result ora traffic or pedestrian stop. The report will include:
A. a breakdown of citations by race or ethnicity;
-- B. the number of citations that resulted in a search;
C. the number of searches that were consensual; and
D. the number of citations that resulted in custodial arrest for this cited violation or any other
violation.
Not later than March 1st of each year, this department shall submit a report to the,City
Council of the City of Paris, Paris, Texas containing this information from the preceding calendar
year.
_ IX. USE OF VIDEO AND AUDIO EQUIPMENT
Each motor vehicle regularly used by this department to make traffic and pedestrian Stops
-- is equipped with a video camera and transmitter-activated equipment, and each motorcycle regularly
used by this department to make traffic and pedestrian stops is equipped with transmitter-activated
equipment; and
· - : Page4of5
-- Each traffic and pedestrian stop made by an officer of this department that is capable of being
recorded by video and audio, or audio, as appropriate, is recorded.
-- This department shall retain the video and audiotapes, or the audiotape of each traffic and
pedestrian stop for at least ninety (90) days after the date of the stop. Ifa 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.
· - ~. Page5of5
RACIAL PROFILING COMPLAINT FORM
Definition of Racial Profiling: means a law enforcement - initiated
- action based on an individual's race, ethnicity, or national origin rather
than on ihe individual's behavior or on information identifying the
- individual as having engaged in criminal activity. Racial profiling
pertains to persons who are viewed as suspects or potential suspects of
criminal' behavior. The term is not relevant as it pertains to witnesses,
- complainants, persons needing assistance, or other citizen contacts. ·
- Acts Constituting Racial Profiling: are acts initiating law enforcement
action, such as a traffic stop, a detention, a search, issuance of a citation,.
or an arrest based solely upon an individual's race, ethnicity, or
- national origin or on the basis of racial or ethnic stereotypes, rather
than upon the individual's behavior, information identifying the
- individual as having possibly engaged in criminal activity, or other
lawful reasons for the law enforcement action.
- Any person who believes that a peace officer employed by the City of
Paris has engaged in racial profiling with respect to that person may file
- a complaint with the City.
No person shall be discouraged, intimidated, or coerced from filing guch
- a complaint, nor shall they be discriminated against because he or she
has filed such a complaint. The City shall accept and investigate citizen
- complaints alleging racial profiling by its peace officers.
Written Com~
- 1. Date when incident occurred:
2. ~ime when incident occurred:/'
- 3. Street & Block where incident occurred:
- 4. Officer's name or description:
5. Type of contact: Traffic. or Pedestrian
(SEE NEXT PAGE)
- ~ DESCRIPTION OF PROFILING COMPLAINT
_ Write out your statement below and include all of the details of
the incident alleging racial profiling. This statement should be
turned into any Officer of the Paris Police Department or to
the Chief of Police.
- (You may write on back or use additional sheets ff necessary)
Signature: Date:
- Officer Receiving: Given to I.A.O.
You may attach additional sheet s if necessary.
-- Signature Date
Officer Receiving Complaint:
_ Given to I.A.O.:
V. COMPLAINT PROCESS & INVESTIGATION
-- 1. '?,ny person who believes that a peace officer employed by the City
has engaged in racial profiling with respect to that person may file
_ a complaint with the City.
2. No person shah be discouraged, intimidated, or coerced from
filing such a complaint, or be discriminated against because they
- have filed such a complaint.
3. The City shah accept and investigate citizen complaints alleging
racial prof'ding by its peace officers.
- 4. Complaints shah be in writing and should include the time, place,
and details of the incident of alleged racial profding, the identity
- or description of the peace officer or officers involved, and the
identity and manner of contacting the complainant.
5. Any peace officer, city employee, or city official who receives a
- citizen complaint alleging racial profiling shall forward the
complaint to the Internal Affairs Officer or Chief of Police within
- 72 hours of receipt of the complaint. Receipt of each complaint
shah be acknowledged to the complainant in writing.
6. All such complaints shall be reviewed and investigated by the
- Internal Affairs Officer within a reasonable period of time and
the results of the review and investigation shall be f'ded with the
- Chief of Police, the Officer who is alleged to have engaged in
racial profiling and with the complainant.
7. In investigating a complaint alleging racial prot'ding, 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.
- 8. A single act constituting racial profding may not be considered a
pattern of racial profiling, and shall not be grounds for corrective
- action.
9. In the event that a complaint or racial profiling f'ded by an
individual involves an occurrence that was recorded on audio or
- video, the Internal Affairs Officers shall, upon commencement of
the investigation of the complain and upon written request of the
- officer, promptly provide a copy of the recording to the peace
officer that is a subject of the complaint.
EDUCATIONAL CAMPAIGN /
- " INFORMING THE PUBLIC
The City of Paris Police Department has taken the following actions to
ensure that information relating to our policy disallowing racial
- profiling has been made known to the public:
_ 1. Made racial profiling policy available to all local media, (radio
stations, television)
- ~ 2. Published racial profiling policy information and complaint
procedure in The Paris News (local newspaper)
3. Published racial profiling policy and complaint information,
- which may be accessed at any time on our city website:
www.cityofpa ristexas.com
- 4. Created complaint forms which are available at any time from
any officer of the department or from the lobby of the police
- station at any time.
5. Chief of Police has made racial profiling policy known to social
- service groups through speeches at Lions Club, Rotary Club,
Leadership Lamar County, etc...
PUBLISHED IN THE PARIS NEWS
Racial Profiling Policy
_ ~ Ci.ty of Paris Police Department
_ It has always been, and continues to be, the policy of The City
of Paris,.Paris, Texas to oppose racial Profiling in all forms.
Pursuant to Texas House Bill 1074, passed by the Texas
- Legislature in 2001, the city of Paris Police Department has
adopted a written policy opposing racial profiling. This written
- policy, which includes definitions of racial profiling and acts
constituting racial profiling as well as a procedure for the
- receipt and investigation of complaints of acts of alleged racial
profiling, became effective on January 1, 2002. If you would
_ like a copy of the policy, you may come by the Paris Police
Department at 811 Bonham St., Paris, Texas and request a
copy during regular business hours, from 8:00 AM to 5:00 PM
Monday through Friday. You may also access the policy on the
Internet (worldwide web) at the following address:
- www.ci.paris.tx.us (click on Directory, then click on Police
Department).
If you would like to make a written complaint in regards to
- alleged racial profiling, you may contact any officer of the
.Paris Police Department and request a complaint form. The
_ form shOuld be filled out and turned in to any officer of the
department. All written allegations / complaints will then be
investigated by the Internal Affairs Officer of the Paris Police
Department.
- Paris Police Department
Phone #903 - 784 - 6688
- Address: 811 Bonham St.
Paris, Texas 75460
PARIS POLICE CONTACT &
CRIME INFORMATION- 2002,
The following criminal statistical information is derived directly from
- the Paris Police Department Records Division. This is the same
information that is reported directly to the Texas Department of Public
_ Safety on a monthly basis. The Texas D.P.S. then supplies this
information to the Federal Bureau of Investigation to be retained and
published nationally in their Uniform Crime Report.
This information is for the year 2002:
Total Police Calls: 43,166
Total Arrests Made: 3,174
- 9-1-1 Emergencies: 21,770
Homicides: 3
Sexual Assaults and/or Rapes: 52
Robberies: 41
Assaults: 1204 (Felonies: 281 / Misdemeanors: 923)
- Burglaries: 516
Thefts: 2156
Auto Thefts: 94
Forgeries: 892
Vandalism: 686
- Weapons Violations: 51
Drug Violations: 463
Public Intoxication: 337
Disorderly Conduct: 151
Family Disturbance: 329
- Criminal Trespass: 144
Total Traffic Information:
- Vehicle Accidents Worked: 1168
Vehicle Accident Fatalities: 2
- Persons Injured: 571
Traffic Offenses Filed: 4356
Total D~VI Arrests: 102
BREAKDOWN OF TRAFFIC STOPS
- ~ AND SEARCHES:
BY RACE / ETHNICITY- 2002
TRAFFIC STOPS CONDUCTED: Total Traffic / Pedestrian: 3606
Males: (% Of Males) Females: (% Of Females)
_ White: 1462 70% White: 1136 73%
Black: 533 25% Black: 382 24%
Hispanic: 64 3% Hispanic: 22 1%
- Amer. Ind.: 2 1% Amer. Ind.: 1 ~ 1%
Asian: 2 1% Asian: 1 1%
_ Other: I .01% Other: 0 0%
Totals: (% Of Total)
- White: 2598 72%
Black: 915 25%
_ Hispanic: 86 2%
Amer. Ind.: 3 0.5%
Asian: 3 0.5%
- Other: 1 0.0%
- TOTAL SEARCHES CONDUCTED: Traffic / Pedestrian
_ These searches were made relative to traffic or pedestrian violations
and/or subsequent offenses relative to the traffic or pedestrian stop:
- Males: Consent / Without Consent Females: Consent / WO Consent
White: 91 40 White: 24 8
_ Black: 31 24 Black: 13 5
Hispanic: 3 0 Hispanic: 0 0
Amer. Ind.: 0 0 Amer. Ind.: 0 0
- Asian: 0 0 Asian: 0 0
Other: 0 0 Other: 0 0
Totals: 125 64 37 13
Total Searches Conducted: 239
BREAKDOWN OF ARRESTS:
- "BY RACE / ETHNICITY - 2002
TOTAL ARRESTS MADE: 3174
Males: Females: Totals:
_ White: 1311 White: 603 Whites: 1914
Black: 865 Black: 297 Blacks: 1162
Hispanic: 76 Hispanic: 17 Hispanics: 93
- American Ind. 4: American Ind.: 1 Amer. Ind.: 5
Asian: 0 Asian: 0 Asians: 0
_ Other: 0 Other: 0 Others: 0
- Ratios (Percentage):
Males: (% of Males) Females: (% of Females) Totals:
- White: 58% White: 65% Whites: 60%
Black: 38% Black: 32% Blacks: 36%
- Hispanic: .03% Hispanic .018% Hispanics: .029%
Am. Ind.: .0017% Am. Ind.: .001% Am. Ind.:.0015%
Asian: 0% Asian: 0% Asian: 0%
- Other: 0% Other: 0% Other: 0%
- Also: ~s per policy of this department, all persons arrested are "paRed
down for weapons" prior to being transported. If placed under arrest,
each arrestee is searched prior to being placed in detention. Therefore,
all 3174 persons placed under arrest were searched as mandated by
policy. (See Breakdown of Arrest 2002 for information related to race /
- ethnicity of those individuals). Searches of arrestees are mandatory and
subjects under arrest are not given the choice of consenting or
_ dissenting to such search.
REPORT ON COMPLAINTS
OF RACIAL PROFILING
AGAINST OFFICERS- 2002
There were no complaints made against Paris Police Officers for racial
- profiling in the year 2002. I believe this is a testament to the Officers
and employees of the Paris Police Department and I am thankful for the
- relationship we enjoy with all of the residents in our community.
Remembering that this department responded to 43,000 plus calls and
- conducted 3174 arrests and issued 3606 citations and conducted 239
searches, (in addition to the arrests), without a racial profiling
- complaint, we are thankful that our mission was accomplished with no
complaints. That is what we were striving for. We hope to see continued
progress in working with, and for, all of the residents of Paris.
ANALYSIS & INTERPRETATION
- ' OF DATA- 2002
Without the financial ability to research the socio - economic climate of
- Paris, Texas, it would be almost impossible to determine what, if
anything, this data collected represents. It is my belief that if such
_ studies were funded, that the information gathered would show that it
would be those two factors which would have more impact on what is
happening, criminally speaking, than the gathered raw data from law
- enforcement activities. While this statistical information may help, I
believe that it will take time over the next few years to see if this data is
_ similar each year or will be dynamic in nature. However, that being
said, this exercise was enlightening in bringing forth documented
information which can be looked at in comparison with future years to
- begin a study to see if there is a wide - spread problem involving racial
profiling in the State of Texas, or not.
- What would be most helpful in assisting in this process would be a
financially sponsored study wherein the demographics of cities could be
- researched in relationship to its criminal activities. Therein might lay
the answer that might benefit not only law enforcement, but society as a
whole.
CONTACT POINTS:
- ' CITY OF PARIS
POLICE DEPARTMENT
City of Paris:
Mayor
Mr. Michael Pfiester
- PO Box 1037 :
City Hall
Paris, Texas 75460
- Phone: 903 - 785 - 7511
City Manager
Mr. Michael E. Malone
PO Box 1037
- City Hall
Paris, Texas 75460
_ Phone: 903 - 785 - 7511
Police Department:
Chief of Police
_ Karl Louis
811 Bonham Street
Paris, Texas 75460
- Phone: 903 - 784 - 5252
_ Records Division Supervisor
Lieutenant Bob Hundley
811 Bonham Street
- Paris, Texas 75460
Phone: 903 - 737 - 4110