WVC 17 G-
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
WVC 17 G- 1 -
ARTICLE 1. RACIAL PROFILING DATA COLLECTION.
WVC 17 G- 1 - 2
§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, 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,
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 include:
(a) The identifying characteristics of the operator stopped,
including perceived race, ethnicity or national origin, gender and
(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
(i) Identify whether the search involved canine units or
advanced technology; and
(j) Any additional information which the law-enforcement
agency considers appropriate.
WVC 17 G- 1 - 3
§17G-1-3. Law-enforcement officer 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
inaccurately recording the information unless the officer's conduct
was unconstitutional, unreasonable, intentional or reckless.
Note: WV Code updated with legislation passed through the 2012 1st Special Session