COMMITTEE SUBSTITUTE

FOR
H. B. 4309

(By Delegates Webster and Amores)


(Originating in the Committee on the Judiciary)

[February 10, 2006]


A BILL to amend and reenact §17G-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17G-2-1 and §17G- 2-3 of said code, all relating to the collection of racial profiling data; defining the types of stops not requiring data collection; setting forth types of racial profiling information to be collected during law-enforcement traffic stops; determination of the dimensions, size, and format of the data collection form; providing dates for a preliminary and a final comprehensive report; and modifying the effective date and termination date of the chapter.

Be it enacted by the Legislature of West Virginia:
That §17G-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §17G-2-1 and §17G-2-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. RACIAL PROFILING DATA COLLECTION.
§17G-1-2. Information obtained by law-enforcement officers 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 nonviolation stop, including, but not limited to, a checkpoint for driving under the influence, license, registration or seat belts, or a stop of multiple vehicles due to a traffic accident or a stop made from an emergency dispatch, 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.
The information to be collected shall only include:
(a) The identifying characteristics of the operator stopped, including perceived race, ethnicity or national origin, gender and 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; (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 perceived 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;
(I) Identify whether the search involved canine units or advanced technology; and
(j) Any additional information which the law-enforcement agency considers appropriate.
(1) The perceived race, ethnicity or national origin, gender

and age of the operator of the motor vehicle;
(2) The U.S. Postal Service zip code that includes the operator's address;
(3) The date, time and duration of the stop;
(4) The reason for the stop, which may include any of the following:
(I) Hazardous or non-hazardous moving violation;
(ii) Externally generated information stop;
(iv) Vehicle equipment violations/defects;
(v) Investigatory stop;
(vi) Seatbelt violation;
(vii) Driving while impaired;
(viii) Courtesy stop or citizen assistance; and
(ix) Other motor vehicle violation.
(5) The number of additional occupants in the vehicle;
(6) The location of the stop reported by a reporting area identification number to be established by the head of the officer's law-enforcement agency in conjunction with and the approval of, the Governor's Committee on Crime, Delinquency and Corrections. The mapping of reporting areas shall take into account both the socio-economic characteristics of the jurisdiction patrolled by the law-enforcement agency and its current patrol activities;
(6) Whether the stop occurred on a city street, state highway or interstate highway;
(7) Whether the vehicle had a West Virginia or out-of-state license plate;
(8) The disposition of the stop, including, but not limited to whether: (i) a citation or warning was issued; (ii) the operator and/or a passenger was arrested; (iii) courtesy service or assistance was provided; or (iv) no action was taken.
(9) The law-enforcement agency conducting the stop and the officer's permanent identification or badge number; and
(10) Whether a search was conducted and if so, the scope and authority of the search, the perceived race, ethnicity or national origin of any passengers searched and whether contraband was discovered and seized in the course of the search.
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.
(a) The Division of Motor Vehicles shall provide, to all law- enforcement agencies, a uniform data collection form to be used by law-enforcement officers to collect racial profiling data required by section two, article one of this chapter. The dimensions, size, and format of the data collection form shall be determined by the Division of Motor Vehicle on or before the thirty-first day of December, two thousand six, after consultation and input from the Fraternal Order of Police, the Sheriff's Association, the Trooper's Association, the Deputy Sheriff's Association, the Chiefs of Police Association, representatives of law-enforcement agencies and the Director of the Governor's Committee on Crime, Delinquency and Corrections.
(b) Data collection forms provided pursuant to this section shall contain or be affixed with a unique identification number.
(c) For the purpose this section, "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.
§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 six, the Commissioner of the Division of Motor Vehicles, in consultation with 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 and 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 Trooper's Association, the Deputy Sheriff's Association, the Chiefs of Police 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 eight, and each year thereafter, the Director of the Governor's Committee on Crime, Delinquency and Correction shall publish a preliminary 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. On or before the first day of February, two thousand nine, the Director of the Governor's Committee on Crime, Delinquency and Correction shall publish a final comprehensive public report of the data collected, together with analysis and findings, 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 two thousand six.
(d) The provisions of this chapter shall be of no force or effect after the thirty-first day of December, two thousand seven nine.