ARTICLE 1.
RACIAL PROFILING DATA COLLECTION.
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§17G-1-1. Definitions.
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The following words and phrases, when used in
this chapter, shall, for the purposes of this chapter, have
the meanings respectively ascribed to them in this article:
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(a) "Gross data" means aggregate data regarding
the information obtained under section two of this article.
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(b) "Law-enforcement agency" means every state,
county or municipal agency with officers who are authorized to
direct or regulate traffic or to make arrests or issue
citations or warnings for violations of traffic laws and
ordinances.
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(c) "Minority group" means individuals of any
ethnic decent including, but not limited to, African-American,
Hispanic, Native American, middle eastern, Asian or pacific
islander.
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§17G-1-2. Information
obtained by law-enforcement officers during a traffic stop.
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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 nonviolation stop at any
checkpoint, including, but not limited to, a checkpoint for
driving under the influence, license, registration or seat
belts, the officer shall obtain and prepare a brief report
based on the officer's visual observation and perception of
basic information about the nature, duration and outcome of
the stop, including, but not limited to, information relating
to the perceived racial characteristics of each operator
stopped. The report is to be provided to the West Virginia
law-enforcement agency which employs the law-enforcement
officer: Provided, That the failure of the
law-enforcement officer to obtain and report racial profiling
data shall not affect the validity of the underlying traffic
citation or warning. |
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The information to be collected shall include:
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(a) The identifying characteristics of the
operator stopped, including perceived race, ethnicity or
national origin, gender or age;
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(b) The
location and duration of the stop;
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(c) The traffic violation or violations alleged
to have been committed that led to the stop;
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(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;
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(e) Whether
a search was performed as a result of the stop;
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(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;
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(g) If a search was of a passenger in the motor
vehicle, the perceived age, gender and race or minority group
of the passenger;
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(h) Whether any contraband was discovered or
seized in the course of the search and the type of any
contraband discovered or seized;
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(i) Identify whether the search involved canine
units or advanced technology;
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(j) Any additional information which the
law-enforcement agency considers appropriate.
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§17G-1-3.
Law-enforcement officer exemption from civil liability.
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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 inaccurately recording
the information unless the officer's conduct was
unconstitutional, unreasonable, intentional or reckless.
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ARTICLE
2. ANALYSIS OF TRAFFIC STOPS STUDY AND ANNUAL REPORT BY
DIRECTOR OF THE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND
CORRECTION.
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§17G-2-1.
Format of traffic stops data collection forms.
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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.
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§17G-2-2. Law-enforcement agency traffic stops
data collection and submission.
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(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.
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(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.
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§17G-2-3.
Analysis of traffic stop statistics, annual report and
legislative rules.
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(a) To
facilitate the commencement of data collection on the first
day of January, two thousand five, the director of the
governor's committee on crime, delinquency and corrections, in
consultation with the division of motor vehicles, shall
propose emergency and legislative rules in accordance with
article three, chapter twenty-nine-a of this code. These rules
shall include, but are not limited to:
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(1) The
manner of reporting the information to the division of motor
vehicles;
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(2)
Promulgation of a form or forms for reporting purposes by
various law-enforcement agencies;
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(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;
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(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;
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(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 ;
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(6) A
limitation that the data is to be used solely for the purposes
of this chapter;
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(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;
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(8)
Methodology for collection of gross data by law- enforcement
agencies and the analysis of the data; and
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(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.
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(b) The
director of the governor's committee on crime, delinquency and
correction shall submit on an annual basis a public report of
the data collected to all law-enforcement agencies subject to
this chapter and provide a copy of the report and analysis to
the governor and the president of the Senate and speaker of
the House of Delegates at least annually to commence no later
than the first day of February, two thousand six.
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