Racial Profiling

Front 1

Definition of Racial Profiling Prohibited.

Back 1

A peace officer may not engage in Racial Profiling.

Front 2

Art. 2.132 Law Enforcement Policy on Racial Profiling.

Back 2

Agency-State, County, Municipality or Political Subdivision who employs officers that make traffic stops routinely.

Race or Ethnicity-means of a particular desent including Caucasion, African, Hispanic, Asian and Native American.

Each Law Enforcement agency shall adopt a written policy.
The policy must:
1. define acts constituting Racial Profiling
2. prohibit officer from engaging in Racial Profiling
3. implement process for filing a complaint for Racial Profiling
4. provide education relating to complaint policy
5. require corrective action for officer violating policy
6. require collection of information on traffic stops with citations and arrest resulting from traffic stops including information;
a. race or ethnicity
b. if search was done and if
person consented
7. require agency to submit annual report of information

The data collected shall not constitute prima facia evidence of Racial Profiling.

Agency will examine feasibility of installing cameras/audios in each car/motor that is regularly used to make traffic stops. If cameras are installed, must include standards for reviewing video/audio.

The report will not include identifying information on officer or individual.

Upon investigation of Racial Profiling in which video exists, the agency will provide a copy to the officer upon written request.

Front 3

Art. 2.133 Reports required for traffic and pedestrian stops

Back 3

Pedestrian Stop-interaction between officer and individual who is detained for investigation and is not under arrest.

An officer who makes a traffic/pedestrian stop shall report;
1. physical description or each person
a. gender
b. race or ethnicity
2. offense violated
3. search conducted or not and if person consented
4. whether contraband was discovered in search and, if so, what
5. whether probable cause existed for search and the facts supporting
6. whether the officer made arrest and statement of charge
7. location of stop
8. whether officer issued citation or warning including description of charge

Front 4

Art. 2.134 Compilation and analysis of information collected

Back 4

Agency shall compile and analyze the information in each report received. No later than March 1st of each year, each agency shall submit their report from the previous year to the governing body.

Report must include:
1. a comparative analysis to;
a. determine the prevalence of
Racial Profiling by officers
b. examine the disposition of
stops including searches
resulting from stops
2. information relating to each complaint of Racial Profiling;
a. report shall not include
identifying information on
officer or individual

TCLEOSE-shall develop guidelines for compiling and reporting information.

The data collected shall not constitute prima facia evidence of Racial Profiling.

Front 5

Art. 2.135 Exemption for Agencies using Audio/Video Equipment

Back 5

Officer or agency is exempt from reporting if:
1. During the calendar year preceding the date of the report;
a. each car is equipped with video
camera and transmitter
activated equipment. Each motor
is equipped with transmitter
activated equipment. Vehicles
used to regularly make traffic
stops.
b. each stop that is capable of
being recorded is recorded.
2. The agency has requested funds from D.P.S. and does not recieve the funds or equipment.

The agency shall keep the recorded stops for at least 90 days after the stop unless a complaint is filed for Racial Profiling then the recordings will be kept until final disposition of the complaint.

Front 6

Art. 2.136 Liability

Back 6

A peace officer is not liable for damages arising from an act relating to the collection of report of information.

Front 7

Art. 2.137 Provision of Funding or Equipment

Back 7

1. D.P.S. shall adopt rules for providing funds or equipment to agencies. D.P.S. must include specifying criteria to prioritize funding or equipment to agencies. The criteria may include consideration of tax effort, financial hardship, available revenue and budget surpluses. The criteria must give priority to:
a. agencies that emply officers
whose primary duty is traffic
b. smaller jurisdictions
c. municipal and county agencies
2. D.P.S. shall collaborate with an institution of higher education to identify agencies that need funds/equipement.
3. To recieve funds/equipment the governing body/agency shall certify to D.P.S. that it needs funds/equipment.
4. Upon recieving funds/equipment the governing body/agency shall certify that the equipment was installed.