2018 Racial Profiling Report 2018 Racial Profiling Report | Page 24

search ;
( 4 ) whether any contraband or other evidence was discovered in the course of the search and a description [ the type ] of the contraband or evidence [ discovered ];
( 5 ) the reason for the search , including whether : ( A ) any contraband or other evidence was in plain view ; ( B ) any probable cause or reasonable suspicion existed to perform the search ; or
( C ) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle [ 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 whether the arrest was based on a violation of the Penal Code , a violation of a traffic law or ordinance , or an outstanding warrant and a statement of the offense charged ;
( 7 ) the street address or approximate location of the stop ; and
( 8 ) whether the officer issued a written warning or a citation as a result of the stop [, including a description of the warning or a statement of the violation charged ].
SECTION ____. Article 2.134 , Code of Criminal Procedure , is amended by amending Subsections ( a ) through ( e ) and adding Subsection ( g ) to read as follows :
( a ) In this article :
( 1 ) " Motor vehicle [, " pedestrian ] stop " has the meaning assigned by Article 2.132 ( a ) [ 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 ].
( 2 ) " Race or ethnicity " has the meaning assigned by Article 2.132 ( a ).
( 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 incident-based data [ information ] compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and , if the law enforcement agency is a local law enforcement agency , 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 be submitted by the chief administrator of the law enforcement agency , regardless of whether the administrator is elected , employed , or appointed , and must include :
( 1 ) a comparative analysis of the information compiled under Article 2.133 to :
( A ) evaluate and compare the number of motor vehicle stops , within the applicable jurisdiction , of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities [ determine the prevalence of racial profiling by peace officers employed by the agency ]; and
( B ) examine the disposition of motor vehicle