2023 Racial Profiling Report 2023 Racial Profiling Report | Seite 47

( 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 [ traffic and pedestrian ] stops made by officers employed by the agency , categorized according to the race or ethnicity of the affected persons , as appropriate , including any searches resulting from [ the ] stops within the applicable jurisdiction ; 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 motor vehicle [ 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 , in accordance with Section 1701.162 , Occupations Code , shall develop guidelines for compiling and reporting information as required by this article .
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