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, including Caucasian, African, Hispanic, Asian, or Native American”);
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 of a 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 if a differential pattern of treatment can be discerned based on the disposition of stops
including searches resulting from 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 from the tier two 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 [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
If a 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 retaining audio and video 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
installing such equipment.
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