H. B. 3192
(By Delegate Blair)
[Introduced March 24, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §17G-2-1 and §17G-2-3 of the Code of
West Virginia, 1931, as amended, relating to limiting the
racial profiling data collected by law-enforcement officers to
five questions.
Be it enacted by the Legislature of West Virginia:
That §17G-2-1 and §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-2-1. Format of traffic stops data collection forms.
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:
Provided, That the form does not
have more than five questions.
§17G-2-3. Analysis of traffic stop statistics, annual report and
legislative rules.
(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:
(1) The manner of reporting the information to the Division of
Motor Vehicles;
(2) Promulgation of a form or forms
that is limited to five
questions 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) On or before the first day of February, two thousand six,
and each year thereafter, 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 shall become effective
after the thirty-first day of December, two thousand four.
(d) The provisions of this chapter shall be of no force or
effect after the thirty-first day of December, two thousand seven.
NOTE: The purpose of this bill is to limit the racial
profiling data collected by law-enforcement officers to five
questions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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