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Introduced Version House Bill 3192 History

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hb3192 intr
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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