issue its first annual report by April 1, 2022; and
an agency that employs one or more but less than 334 peace
officers to issue its first annual report by April 1, 2023.
“The reporting shall include, at a minimum, the following
information for each stop:
(1) The time, date, and location of the stop.
(2) The reason for the stop.
(3) The result of the stop, such as, no action, warning,
citation, property seizure, or arrest.
(4) If a warning or citation was issued, the warning
provided or violation cited.
(5) If an arrest was made, the offense charged.
(6) The perceived race or ethnicity, gender, and
approximate age of the person stopped, provided
that the identification of these characteristics shall be
based on the observation and perception of the peace
officer making the stop, and the information shall not be
requested from the person stopped. For motor vehicle
stops, this paragraph only applies to the driver, unless
any actions specified under paragraph (7) apply in
relation to a passenger, in which case the characteristics
specified in this paragraph shall also be reported for him
or her.
(7) Actions taken by the peace officer during the stop,
including, but not limited to, the following:
(A) Whether the peace officer asked for consent to
search the person, and, if so, whether consent was
provided.
(B) Whether the peace officer searched the person or any
property, and, if so, the basis for the search and the type
of contraband or evidence discovered, if any.
(C) Whether the peace officer seized any property and, if
so, the type of property that was seized and the basis for
seizing the property.
(c) If more than one peace officer performs a stop, only
one officer is required to collect and report to his or her
agency the information specified under subdivision (b).”
exact opposite of what is ostensibly the purpose of the
legislation.
It is important to note that the law requires the officer to
identify the person’s “perceived” race, ethnicity, gender,
and approximate age. As such, it requires the officer to use
his or her perception to identify those criteria. In this day
and age, when there are numerous persons of mixed race
and ethnicity, how can an officer ascertain those facts? Does
it not place the officer in the untenable position of being
legally required to profile a person based on that person’s
appearance? Is that not racial profiling?
Several agencies wit