ENROLLED
H. B. 2568
(By Delegates Moore, Hatfield, Wysong, Amores,
Reynolds, Fleischauer, Webster, Lane,
Hutchins, Schoen and Marshall)
[Passed March 10, 2007; in effect ninety days from passage.]
AN ACT to amend and reenact §17G-2-3 of the Code of West Virginia,
1931, as amended, relating to extending the sunset provision
regarding racial profiling analysis.
Be it enacted by the Legislature of West Virginia:
That §17G-2-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. ANALYSIS OF TRAFFIC STOPS STUDY AND ANNUAL REPORT BY
DIRECTOR OF THE GOVERNOR'S COMMITTEE ON CRIME,
DELINQUENCY AND CORRECTION.
§17G-2-3. Analysis of traffic stop statistics, annual report and
legislative rules.
(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 the first day of February, 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 the thirty-first day of December, two thousand four.
(d) Collection of data pursuant to subsection (a) of this
section shall terminate on the thirty-first day of December, two
thousand eight. The provisions of this chapter shall be of no
force or effect after the thirtieth day of June, two thousand nine.