Commentary Senate Bill 1074 from the 77 th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served . New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops . Detained is defined as when a person stopped is not free to leave .
Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency . The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year .
There is data collection and reporting required based on Article 2.132 CCP ( tier one ) and Article 2.133 CCP ( tier two ).
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
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