Honorable
Mayor and Town Council
Town of
Dear
Mayor and Council,
In
accordance with the Texas Racial Profiling Law (S.B. No. 1074) the Highland
Park Department of Public Safety has been collecting police contact data for
the purpose of identifying and responding (if necessary) to concerns regarding
racial profiling. The findings of this
report will serve as evidence that the Highland Park DPS is in full compliance
with our agency’s policies and procedures, CALEA accreditation standards, and
applicable state and federal law regarding our contacts with all individuals.
This
year’s report includes a more expansive data set that allows a deeper analysis
of the Department’s officer initiated contacts.
While this data set is more expansive, it still only represents a single
year of activity. It would be improper
to state that the data represents a “trend” of any type of activity until
comparison can be made over a longer period of time.
A
summary analysis shows that the incidence of search or enforcement activity may
be over-represented in some racial or ethnic groups when compared to all
Department contacts. One reason for this
over-representation is due to the Department’s policy to conduct custodial
arrests for traffic offenses where proof of drivers’ license or other positive
identification is not provided at the time of the traffic contact. Each custodial arrest will represent a
non-consensual search as that person enters a holding facility. We have concluded that “overall” the
Department is contacting, searching, and taking enforcement actions against
persons at a rate that is approximately in proportion to the motoring public of
An
in-depth analysis and recommendations based on this analysis are included in
this report. Information regarding
complaints of racial bias and the resolution of these complaints is also
included. The Highland Park DPS will
continue to collect and analyze data regarding racial profiling as required. Further, we will continuously analyze this
data for issues that could become concerns for the public and take action as
required to maintain our status as a professional law enforcement agency.
_________________________________
Darrell L Fant, Director of
Public Safety
Annual
Report
Table of Content
Introductions
Page
01 Letter to Mayor and
Council
02 Table of Contents
03 The Texas Law on
Racial Profiling
17 Outline of TCLEOSE
Requirements
Background
21 Town
Historical and Demographical Information
27 Department of Public
Safety’s General Orders/Procedures
33 Inventory/Usage of
Video/Audio Equipment in Police Vehicles
Responding to the
36 Responding to the
Racial Profiling Law
39 Demographic
Baseline Comparison
42 Tier 1 Data and Comparative Analysis
Tables Depicting Police
Contact Information (
47 Profiling Complaint Process
50 Analysis and
Interpretation of Data
Recommendations
51 Recommendations
Addressing Issues of Concern (if applicable)
THE
S.B. No. 1074
AN ACT relating
to the prevention of racial profiling by certain peace officers.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF
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:
(1) "Law
enforcement agency" means an agency of the state, or
of a
county, municipality, or other political subdivision of the
state,
that employs peace officers who make traffic stops in the
routine
performance of the officers' official duties.
(2) "Race
or ethnicity" means of a particular descent, including
Caucasian, African, Hispanic,
Asian, or Native American
descent.
(b) Each law
enforcement agency in this state shall adopt a detailed written policy on
racial profiling. The policy must:
(1) clearly define acts constituting racial
profiling;
(2) strictly prohibit peace officers employed
by the agency from engaging in racial profiling;
(3) implement a process by which an individual may file a
complaint with the agency if the individual believes that a peace officer
employed by the agency has engaged in racial profiling with respect to the
individual;
(4) provide public education relating to the agency's complaint
process;
(5) require appropriate corrective action to
be taken against a peace officer employed by the agency who, after an
investigation, is shown to have engaged in racial profiling in violation of the
agency's policy adopted under this article;
(6) require collection of information relating
to traffic stops in which a citation is issued and to arrests resulting from
those traffic stops, including information relating to:
(A) the race or ethnicity of the individual
detained; and
(B) whether a search was conducted and, if so,
whether the person detained consented to the search; and
(7) require the agency to submit to the
governing body of each county or municipality served by the agency an annual
report of the information collected under Subdivision (6) if the agency is an
agency of a county, municipality, or other political subdivision of the state.
(c) The
data collected as a result of the reporting requirements of this article shall
not constitute prima facie evidence of racial profiling.
(d) On
adoption of a policy under Subsection (b), a law enforcement agency shall
examine the feasibility of installing video camera and transmitter‑activated
equipment in each agency law enforcement motor vehicle regularly used to make
traffic stops and transmitter‑activated equipment in each agency law
enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or
audio equipment as provided by this subsection, the policy adopted by the
agency under Subsection (b) must include standards for reviewing video and
audio documentation.
(e) A
report required under Subsection (b)(7) may not
include identifying information about a peace officer who makes a traffic stop
or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the
collection of information as required by a policy under Subsection (b)(6).
(f) On
the commencement of an investigation by a law enforcement agency of a complaint
described by Subsection (b)(3) in which a video or
audio recording of the occurrence on which the complaint is based was made, the
agency shall promptly provide a copy of the recording to the peace officer who
is the subject of the complaint on written request by the officer.
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.
(b) A
peace officer who stops a motor vehicle for an alleged violation of a law or
ordinance regulating traffic or who stops a pedestrian for any suspected
offense 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
ethnicity, as stated by the person or, if the person does not state the
person's race or ethnicity, as determined by the officer to the best of the
officer's ability;
(2) the traffic law or ordinance alleged to
have been violated or the suspected offense;
(3) whether the officer conducted a search as
a result of the stop and, if so, whether the person detained consented to the
search;
(4) whether any contraband was discovered in
the course of the search and the type of contraband discovered;
(5) whether probable cause to search existed
and the facts supporting the existence of that probable cause;
(6) whether the officer
made an arrest as a result of the stop or the search, including a statement of
the offense charged;
(7) the street address or approximate location
of the stop; and
(8) whether the officer issued a warning or a
citation as a result of the stop, including a description of the warning or a
statement of the violation charged.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.
(a) In
this article, "pedestrian stop" means an interaction between a peace
officer and an individual who is being detained for the purpose of a criminal
investigation in which the individual is not under arrest.
(b) A
law enforcement agency shall compile and analyze the information contained in
each report received by the agency under Article 2.133. Not later than March 1 of each year, each
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 of racial profiling by peace officers employed by the agency; and
(B) examine the
disposition of traffic and pedestrian stops made by officers employed by the
agency, including searches resulting from the stops; and
(2) information relating to each complaint
filed with the agency alleging that a peace officer employed by the agency has
engaged in racial profiling.
(d)
A report required under Subsection (b) may not include identifying
information about a peace officer who makes a traffic or pedestrian stop or
about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting
of information required under Article 2.133(b)(1).
(e) The
Commission on Law Enforcement Officer Standards and Education shall develop
guidelines for compiling and reporting information as required by this article.
(f) The
data collected as a result of the reporting requirements of this article shall
not constitute prima facie evidence of racial profiling.
Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT.
(a) A
peace officer is exempt from the reporting requirement under Article 2.133 and
a law enforcement agency is exempt from the compilation, analysis, and
reporting requirements under Article 2.134 if:
(1) during the calendar year preceding the
date that a report under Article 2.134 is required to be submitted:
(A) each law
enforcement motor vehicle regularly used by an officer employed by the agency
to make traffic and pedestrian stops is equipped with video camera and
transmitter‑activated equipment and each law enforcement motorcycle
regularly used to make traffic and pedestrian stops is equipped with
transmitter‑activated equipment; and
(B) each traffic and pedestrian stop made by an
officer employed by the agency that is capable of being recorded by video and
audio or audio equipment, as appropriate, is recorded by using the equipment;
or
(2) the governing body of the county or municipality served by the law
enforcement agency, in conjunction with the law enforcement agency, certifies
to the Department of Public Safety, not later than the date specified by rule
by the department, that the law enforcement agency needs funds or video and
audio equipment for the purpose of installing video and audio equipment as
described by Subsection (a)(1)(A) and the agency does not receive from the
state funds or video and audio equipment sufficient, as determined by the
department, for the agency to accomplish that purpose.
(b) Except
as otherwise provided by this subsection, a law enforcement agency that is
exempt from the requirements under Article 2.134 shall retain the video and
audio or audio documentation of each traffic and pedestrian stop for at least
90 days after the date of the stop. If a
complaint is filed with the law enforcement agency alleging that a peace
officer employed by the agency has engaged in racial profiling with respect to
a traffic or pedestrian stop, the agency shall retain the video and audio or
audio record of the stop until final disposition of the complaint.
(c) This
article does not affect the collection or reporting requirements under Article
2.132.
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.
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT.
(a) The
Department of Public Safety shall adopt rules for providing funds or video and
audio equipment to law enforcement 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 to 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 collaborate with an institution of higher
education to identify law enforcement agencies that need funds 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.
(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 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 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 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‑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.
SECTION 3. Section
96.641, Education Code, is amended by adding Subsection (j) to read as follows:
(j) As
part of the initial training 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) 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 minimum curriculum requirements, the commission shall establish a
statewide comprehensive education and training program on racial profiling for
officers licensed under this chapter. An
officer shall complete a program established under this subsection not later
than the second anniversary of the date the officer is licensed under this
chapter or the date the officer applies for an intermediate proficiency
certificate, whichever date is earlier.
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 under Section 1701.253(e).
(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 ethnicity" means 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 description,
including 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 judgment, and whether bail
was forfeited;
(8) the date of conviction; and
(9) the amount of the fine or forfeiture.
SECTION 7. Not later
than
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
SECTION 9. Not later
than
(1) the Commission
on Law 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
(j), 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
_______________________________ _______________________________
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
_______________________________
Chief Clerk of the
House
Approved:
Date Governor