5)
6)
7)
8)
the type, if any, of contraband that was collected;
disposition of the stop, e.g., arrest, ticket, warning, or release;
location of stop; and
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.
Commentary
None
Standard 6
Agencies that have video and audio recording capabilities are exempt from the reporting
requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of
Article 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 from 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.