H. B. 4126
(By Delegates Webste
r, Manuel and Schoen
)
[Introduced
January 23, 2004
; referred to the
Committee on the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new chapter, designated §17F-1-1, §17F-1-2,
§17F-2-1, §17F-2-2 and §17F-2-3,
relating to racial profiling
data collection; and requiring superintendent of the state
police to conduct analysis of traffic stops and provide an
annual report.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new chapter, designated §17F-1-1, §17F-1-2,
§17F-2-1, §17F-2-2 and §17F-2-3,
all to read as follows:
CHAPTER 17F. RACIAL PROFILING DATA COLLECTION ACT.
ARTICLE 1. RACIAL PROFILING DATA COLLECTION.
§17F-1-1. Information obtained by police during a traffic stop.
Each time a law enforcement officer stops a driver of a motor
vehicle for a violation of any motor vehicle statute or ordinance,
other than for a non-violation stop during a checkpoint for Driving under the influence, license, registration, or seat belts, the
officer shall obtain and report the following information based on
the officer's visual observation and perception to the West
Virginia law-enforcement agency which employs the police officer:
(a) The identifying characteristics of the individual stopped,
including the perceived race, ethnicity, or national origin, gender
or age;
(b) The location and duration of the stop;
(c) The traffic violation or violations alleged to have been
committed that led to the stop;
(d) Whether or not a warning or citation was issued as a
result of the stop, and if so, the specific violation, if any,
charged or warning given;
(e) Whether a search was performed as a result of the stop;
(1) Identify whether the search involved canine units or
advanced technology, and
(2) Whether any illegal contraband was found;
(f) If a search was performed, whether the person consented to
the search, the probable cause or reasonable suspicion for the
search, whether the person was searched, whether the person's
property was searched, and the duration of the search;
(g) If a search was of a passenger in the motor vehicle, the
age, gender, and race or minority group of the passenger;
(h) Whether any contraband was discovered or seized in the
course of the search and the type of any contraband discovered or
seized; and
(i) Any additional information which the law-enforcement
agency considers appropriate.
§17F-1-2. Police exemption from civil liability.
Any law enforcement officer who, in good faith, records
traffic stop information under the requirements of section two of
this article, may not be held civilly liable for the act of
recording the information unless the officer's conduct was,
unconstitutional, unreasonable or reckless.
ARTICLE 2. ANALYSIS OF TRAFFIC STOPS STUDY AND ANNUAL REPORT BY
SUPERINTENDENT OF THE STATE POLICE.
§17F-2-1. Format of traffic stops data collection forms.
The superintendent of the state police shall provide a form,
in both printed and electronic format, to be used by police
officers when making a traffic stop to record the information
listed in section two, article one of this chapter.
§17F-2-2. Law-enforcement agency traffic stops data collection and
submission.
(a) Each law-enforcement agency shall report its data
described in section one, article one of this chapter to the
superintendent of the state police in a report format as prescribed
by the superintendent of the state police.
(b) If any law-enforcement agency fails to comply with the
provisions of this section, the governor may delay any state funds
appropriated to the noncompliant law-enforcement agency until
reports are made as required by this article.
§17F-2-3. Analysis of traffic stop statistics and annual report.
(a) The superintendent of the state police shall propose
legislative rules in accordance with article three, chapter
twenty-nine-a of this code, prescribing appropriate methodology for
analysis of the traffic stop data. The evaluation of the data must
include, but not be limited to, the following:
(1) Whether the number of motor vehicle stops and searches of
motor vehicles occupied by members of a minority group compared to
the number of motor vehicles occupied by persons who are not
members of a minority group is disproportionate based on population
and characteristics of all persons traveling on public highways,
who are stopped for violating a statute or ordinance.
(2) A determination as to whether any disparity found is the
result of racial profiling, racial stereotyping or other race-based
discrimination or selective enforcement.
(b) The superintendent of the state police shall submit a
public report of the data collected and make recommendations to the
governor and the President of the Senate and Speaker of the House
of Delegates no later than the first day of February, commencing in
the year two thousand and five.
NOTE: The purpose of this bill is to require racial profiling
data collection by law-enforcement officers and agencies each time
a motorist is stopped for an alleged violation of the law. The
bill requires the superintendent of the state police to conduct an
analysis of traffic stops and provide an annual report.
This bill was recommended for introduction and passage by
Select Committee B on Minority Issues.
This chapter is new; therefore, strike-throughs and
underscoring have been omitted.
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