West Virginia Code
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
ARTICLE 2. ANALYSIS OF TRAFFIC STOPS STUDY AND ANNUAL REPORT BY DIRECTOR OF THE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION.
The Division of Motor Vehicles shall provide a form as required by section three of this article, in both printed and electronic format, to be used by law-enforcement officers when making a traffic stop to record the information listed in section two, article one of this chapter.
(a) Each law-enforcement agency shall report its data described in section two, article one of this chapter to the Division of Motor Vehicles in a report format as prescribed by the division.
(b) If a law-enforcement agency fails to comply with the provisions of this section, the Division of Motor Vehicles shall notify the agency by certified mail of its failure to comply. If the agency continues to fail to comply, the Governor may withhold state-controlled funds appropriated to the noncompliant law-enforcement agency until reports are made as required by this article.
(a) To facilitate the commencement of data collection, the Director of the Governor's Committee on Crime, Delinquency and Corrections, in consultation with the Division of Motor Vehicles, shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code. These rules shall include, but are not limited to:
(1) The manner of reporting the information to the Division of Motor Vehicles;
(2) Promulgation of a form or forms for reporting purposes by various law-enforcement agencies;
(3) A means of reporting the information required in section two, article one of this chapter on warning citations to the Division of Motor Vehicles;
(4) In consultation with the Fraternal Order of Police, the Sheriff's Association, the Deputy Sheriff's Association and representatives of law-enforcement agencies, a means of providing training to law-enforcement officers on completion and submission of the data on the proposed form;
(5) A means of reporting back to individual law-enforcement agencies, from time to time, at the request of a law-enforcement agency on findings specific to that agency in an agreed-upon format to allow the agency to evaluate independently the data provided;
(6) A limitation that the data is to be used solely for the purposes of this chapter;
(7) Safeguards to protect the identity of individual law-enforcement officers collecting data required by section two, article one of this chapter when no citation or warning is issued;
(8) Methodology for collection of gross data by law-enforcement agencies and the analysis of the data;
(9) The number of motor vehicle stops and searches of motor vehicles occupied by members of a perceived minority group; the number of motor vehicle stops and searches of motor vehicles occupied by persons who are not members of a minority group; the population of minorities in the areas where the stops occurred; estimates of the number of all vehicles traveling on the public highways where the stops occurred; factors to be included in any evaluation that the data may indicate racial profiling, racial stereotyping or other race-based discrimination or selective enforcement; and other data deemed appropriate by the Governor's Committee on Crime, Delinquency and Correction for the analysis of the protection of Constitutional rights; and
(10) Protocols for reporting collected data by the Division of Motor Vehicles to the Governor's Committee on Crime, Delinquency and Correction and the analysis thereof.
(b) Annually, on or before February 1, the Director of the Governor's Committee on Crime, Delinquency and Correction shall publish a public report of the data collected and provide a copy thereof to all law-enforcement agencies subject to this chapter and provide a copy of the report and analysis of the data collected to the Governor and to the Joint Committee on Government and Finance.
(c) The provisions of sections two and three, article one of this chapter and section two of this article were effective December 31, 2004.
(d) Collection of data pursuant to subsection (a) of this section shall terminate on December 31, 2008. The provisions of this chapter shall be of no force or effect after June 30, 2009.