2015 Racial Profiling Report 2015 Racial Profiling Report | Page 37

414.00 RACIAL/BIAS-BASED PROFILING 414.01 POLICY, PURPOSE, AND DEFINITIONS (Effective 12-31-01) (Revised 08-21-08) This Racial / Bias-Based Profiling Policy is adopted in compliance with the requirements of Articles 2.131 through 2.136, Texas Code of Criminal Procedure and the CALEA Standard 01.02.09, which prohibits peace officers from engaging in racial/bias-based profiling. Definitions: Racial / Bias-Based Profiling. Is defined as a law enforcement-initiated action based on, but not limited to, an individual’s race, ethnicity, national origin, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable groups; rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity. Racial / bias-based profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants, persons needing assistance, or other citizen contacts. (A 01.02.09) Race or Ethnicity. Of a particular descent, including Caucasian, African, Hispanic, Asian or Native American descent. An Act Constituting Racial / Bias-Based Profiling. Acts initiating law enforcement action, such as a traffic stop, a subject stop, a search, issuance of a citation, or an arrest based solely upon an individual’s race, ethnicity, national origin, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable groups; or on the basis of racial or ethnic stereotypes, rather than upon the individual’s behavior, information identifying the individual as having possibly engaged in criminal activity, or other lawful reasons for the law enforcement action. Subject Stop. An interaction between a peace officer and an individual who is being stopped for the purposes of an investigation in which the individual is not under arrest. Traffic Stop. The stopping of a motor vehicle by a peace officer for an alleged violation of law or ordinance which regulates traffic.