ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA.

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1 Executive Summary Article (7) of the Texas ode of riminal Procedure requires the annual reporting to the local governing body of data collected on the race or ethnicity of individuals stopped and issued citations or arrested subsequent to traffic stops and whether or not those individuals were searched. Since the law provides no clear instruction to a governing body on how to review such data, the Tarrant ounty ollege District Police Department requested this analysis and review. The analysis ofmaterial and data from the Tarrant ounty ollege District Police Department revealed the following: A OMPREHENSIVE REVIEW OF THE TARRANT OUNT'\' OLLEGE DISTRIT POLIE DEPARTMENT'S RAIAL PROFILING POLI\' (GENERAL ORDER NUMBER 216.) SHOWS THAT THE TARRANT OUNTY OLLEGE DISTRIT POLIE DEPARTMENT IS FULLY IN OMPLIANE WITH ARTILE OF THE TEXAS ODE OF RIMINAL PROEDURE. A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOUMENTATION REVEALS THAT THE TARRANT OUNTY OLLEGE DISTRIT POLIE DEPARTMENT IS FULLY IN OMPLIANE WITH TEXAS LAW ON TRAINING AND EDUATION REGARDING RAIAL PROFILING. A REVIEW OF THE DOUMENTATION PRODUED BY THE DEPARTMENT REVEALS THAT THE DEPARTMENT IS FULLY IN OMPLIANE WITH APPLIABLE TEXAS LAW ON THE RAIAL PROFILING OMPLAINT PROESS AND PUBLI EDUATION ABOUT THE OMPLAINT PROESS. ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN OMPLIANE WITH APPLIABLE TEXAS LAW ON THE OLLETION OF RAIAL PROFILING DATA. THE ANALYSIS OF STATISTIAL INFORMATION FROM THE TARRANT OUNTY OLLEGE DISTRIT POLIE DEPARTMENT REVEALS THAT THERE ARE NO METHODOLOGIALLY ONLUSIVE INDIATIONS OF SYSTEMI RAIAL PROFILING B\' THE DEPARTMENT. THE TARRANT OUNT\' OLLEGE DISTRIT POLIE DEPARTMENT IS FULLY IN OMPLIANE WITH APPLIABLE TEXAS LAW ONERNING THE PROHIBITION OF RAIAL PROFILING. THE TARRANT OUNTY OLLEGE DISTRIT POLIE DEPARTMENT IS FULLY IN OMPLIANE WITH APPLIABLE TEXAS LAW ONERNING THE REPORTING OF INFORMATION TO TOLE.

2 Introduction This report details an analysis of the Tarrant ounty ollege District Police Department's policies, training, and statistical information on racial profiling for the year 217. This report has been prepared to specifically comply with Article ofthe Texas ode ofriminal Procedure (P) regarding the compilation and analysis of racial profiling data. Specifically, the analysis will address Articles of the P and make a determination of the level of compliance with those articles by the Tarrant ounty ollege District Police Department in 217. The full copies of the applicable laws and regulations pertaining to this report are contained in Appendix A; This report is divided into six analytical sections: Tarrant ounty ollege District Police Department's racial profiling policy; Tarrant ounty ollege District Police Department's training and education on racial profiling; Tarrant ounty ollege District Police Department's complaint process and public education on racial profiling; analysis of statistical data on racial profiling; analysis oftarrant ounty ollege District Police Department's compliance with applicable laws on racial profiling; and a final section which includes completed data and information reporting forms required to be sent to TOLE beginning in 211. For the purposes of this report and analysis, the following definition of racial profiling is used: racial profiling means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity (Texas P Article 3.5). Tarrant ounty ollege District Police Department Policy on Racial Profiling A review oftarrant ounty ollege District Police Department's Racial Profiling policy revealed that the department has adopted policies in compliance with Article of the Texas P (see Appendix B). There are seven specific requirements mandated by Article that a law enforcement agency must address. All seven are clearly covered in Tarrant ounty ollege District Police Department's racial profiling policy. Tarrant ounty ollege District Police Department policies provide clear direction that any form of racial profiling is prohibited and that officers found engaging in inappropriate profiling may be disciplined with appropriate corrective action up to and including termination. The policies also provide a very clear statement of the agency's philosophy regarding equal treatment of all persons regardless of race, ethnicity, or national origin. Appendix lists the applicable statute and corresponding Tarrant ounty ollege District Police Department regulation. A O,HPREIIENSIVE REVIEW OF TARRANT OUNTY OLLEGE DISTRIT POLIE DEPARTMENT'S RAIAL PROFILING POLIY SHOWS THAT THE TARRANT OUNTY OLLEGE DISTRIT POLIE DEPARTMENT IS FULLY IN OMPLIANE WITH ARTILE OF THE TEXAS OD OF RIMIN1tL PROEDURE.

3 Tarrant ounty ollege District Police Department Training and Education on Racial Profiling Texas Occupation ode and require that curriculum be established and training certificates issued on racial profiling for all Texas peace officers. Documentation provided by Tarrant ounty ollege District Police Department reveals that racial profiling training and certification is current for all officers in 217. A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOUMENTATION REVEALS THAT THE TARRANT OUNTY OLLEGE DISTRITPOLIE DEPARTMENT IS FULLY IN OMPLIANE WITH TEXAS LAWON TRAINING AND DUATION REGARDINGRAIAL PROFILING. Tarrant ounty ollege District Police Department omplaint Process and Public Education on Racial Profiling Article (b)3-4 of the Texas ode of riminal Procedure requires that law enforcement agencies implement a complaint process on racial profiling and that the agency provide public education on the complaint process. Tarrant ounty ollege District Police Department's Racial Profiling Policy Section and cover this requirement. Tarrant ounty ollege District Police Department also provides a website to the public which provides easily accessible links and infonnation for the public in relation to filing a complaint, and specifically for complaints of racial profiling (hllp:// ice-department/commendations-andcomplaints/). A REVIEW OF THE DOUMENTATION PRODUED BY TIJE DEPARTMENT REV/:..ALS THAT THE DEPARTMENT IS FULL>' IN Ol't/PLUNE WITH APPLIABLE TEXAS LAW ON THE RAIAL PROFILING OMPLAINT PROESSAND PUBLI EDUATION ABOUT THE O,HPLAINT PROESS. Tarrant ounty ollege District Police Department Statistical Data on Racial Profiling Article 2. I 32{b) 6 requires that law enforcement agencies collect statistical information on traffic citations and arrests with specific infonnation on the race of the person cited. In addition, infonnation concerning searches ofpersons and whether or not the search was based on conseni is also collected. Tarrant ounty ollege District Police Department submitted statistical infonnation on all traffic stops in which a citation was issued with specific information on the race ofthe person cited. Accompanying this data was the relevant information on searches and arrests. ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN OMPLIANE WITH APPLIABLE TEXAS LAWON THE OLLETION OFRAIAL PROFILING DATA.

4 Analysis ofthe Data hart I below depicts the percentages of students and employees stopped by race including Whites, African-Americans, Hispanics, and Asians among 19 student and employee stops in White student/employee drivers constituted percent of student/employee drivers stopped (87 total student/employee stops), whereas Whites constituted percent ofthe campus population (including both students and employees). The 'chart shows that White student/employee drivers were stopped at a rate that is higher than the percentage ofwhites in the campus population. African-American student/employee drivers constituted 2.53 percent of all student/employee drivers stopped (39 total student/employee stops), whereas African-Americans constituted percent of the campus population. African-American student/employee drivers were stopped at a rate that is higher than the percentage ofafrican-american students and employees in the campus population. Hispanic students constituted percent of all student/employee drivers stopped (36 total student/employee stops), whereas Hispanics constituted 29. percent of the campus population. Hispanic student and employee drivers were stopped at rates lower than the percentage of tlispanics found in the campus population.. Asian student/employee drivers constituted 8.42 percent of all student/employee stops ( 16 total student/employee stops), whereas Asians constituted 6.4 percent ofthe campus population. Asian student/employee drivers were stopped at a rate higher than the percentage ofasians found in the campus population. hart 1: Stops of Student and Employee Drivers ompared to ampus Population (19 stops) 5% 45% 4% 35% 3% 25% 2% 15% 1% 5% % White African American Hispanic Asian 'Yo ampus Population 39.65% 17.38% 29.% 6.4% % Stops 45.79% 2.53% 18.95% 8.42% 1 ampus populalion figures were provided by TD Oflicc of lnslitutional Research. In 217, there were a total of 18,297 studenls and 6, employees at TD, for a tolal of 114,297 individuals ulilized for the base population measure.

5 hart 2 below compares the total numbers ofstops ofall individuals (students and employees and non-residents) by Tarrant ounty ollege District police officers in 217 to the Tarrant ounty population. 2 The total number of all stops by Tarrant ounty ollege District police officers equaled 231. Ofthese stops, 41 were non-residents and 19 were students or employees. hart 2: omparison ofall Driver Stops to Tarrant ounty Population (231 stops) 6% 5% 4% 3% 2% 1% % White Asian Hispanic African- American a % ounty Population 5.7% 5.% 27.4% 15.6% % of Total Stops 42.86% 8.23% 19.5% 22.8% hart 2 shows that White drivers constituted percent ofall drivers stopped (99 total stops), whereas Whites constituted 5.7 percent of the county population. The chart shows that White drivers were stopped at a rate that is lower than the percentage ofwhites in the county population. African-American drivers constituted 22.8 percent ofall drivers stopped (51 total stops), whereas African-Americans constituted 15.6 percent ofthe county population. African-American drivers were stopped at a rate that is higher than the percentage of African-Americans in the county population. Hispanic drivers constituted 19.5 percent of all drivers stopped (44 total stops), whereas Hispanics constituted 27.4 percent of the county population. Hispanics were stopped at rates lower than the percentage of Hispanics found in the county population. Asian drivers constituted 8.23 percent ofall stops ( 19 total stops), whereas Asians constituted 5. percent ofthe county population. Asian drivers were stopped at a rate higher than the percentage ofasians found in the county population. 2 Tarrant ounty population fi gures were derived from the 21 U.S. ensus.

6 As the charts show, easy determinations regarding whether or not Tarrant ounty ollege District police officers have "racially profiled" a given motorist are impossible given the nature ofthe data that has been collected and presented for this report. The law dictates that police agencies compile aggregate-level data regarding the rates at which agencies collectively stop motorists in terms of their race/ethnicity. These aggregated data are to be subsequently analyzed in order to determine whether or not individual officers are 'racially profiling" motorists. This methodological error, commonly referred to as the "ecological fallacy," defines the dangers involved in making assertions about individual officer decisions based on the examination ofaggregate incident level data. In short, one cannot "prove" that an individual officer has "racially profiled" any individual motorist based on the rate at which a department stops any given group of motorists. Additional interpretation problems remain in regards to the specific measurement of "racial profiling" as defined by Texas state code. For example, officers are currently forced to make subjective determinations regarding an individual's race based on his or her personal observations because the Texas Department of Public Safety does not provide an objectively-based determination of an individual's race/ethnicity on the Texas driver's license. The absence ofany verifiable race/ethnicity data on the driver's license is especially troubling given the racial diversity within Tarrant ounty ollege District and the surrounding North Texas area. The validity ofany racial/ethnic disparities discovered in the aggregate level stop data becomes threatened in direct proportion to the number of subjective "guesses" officers are forced to make when trying to determine an individual's racial/ethnic background. In addition, the data collected for the current report does not allow for an analysis that separates (or disaggregates) the discretionary decisions of officers to stop a motorist from those that are largely non-discretionary. For example, non-discretionary stops of motorists based on the discovery of outstanding warrants should not be analyzed in terms of whether or not "profiling" has occurred simply because the officer who has stopped a motorist as a result ofthe discovery of an outstanding warrant does not independently make the decision to stop, but rather, is required to stop that individual regardless ofany determination of race. An officer cannot be determined to be "racially profiling" when organizational rules and state codes compel them to stop regardless ofan individual's race/ethnicity. Straightforward comparisons ofstop rates ignore these realities, and fail to distinguish between discretionary and non-discretionary law enforcement actions. In short, the methodological problems outlined above point to the limited utility ofusing aggregate level comparisons of the rates at which different racial/ethnic groups are stopped in order to determine whether or not racial profiling exists within a given jurisdiction. The table below reports the summaries for the total number of persons stopped and searched subsequent to being stopped by the Tarrant ounty ollege District Police Department for traffic offenses in 217. In addition, the table shows the number of individuals who granted consent to search and those drivers who were arrested at the conclusion ofthe stop. It is clear from the table that the vast majority of the total number of drivers cited (including White, African-American, Hispanic. and Asian groups) \\re not searched, as roughly 98 percent of all drivers,vho were stopped were not searched (5/231 ).

7 - Action White ' African- Hispanic Asjan Other Total American Resident Stops Non-Resident Stops All Stoos All Searches I 2 1 I 5 onsent Searches 1 I 1 I Probable ause 1 2 I 4 Reason for Searches Odor ofdrugs or Alcohol I I.o 2 Incident to Arrest Arrests All Arrests 2 I 3 Warrant 2 I 3 Probable ause The table also presents information on the number ofdrivers that provided consent to search within each racial category. The table above indicates that drivers who were cited were rarely consent searched across the racial categories. In fact, only I consent search occurred in 217. Furthermore, only 3 stops resulted in an arrest in 217, all ofwhich were based on a warrant. Analysis of Racial Profiling ompliance by Tarrant ounty ollege District Police Department The foregoing analysis shows that the Tarrant ounty ollege District Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training and educational programs, a formalized complaint process, and the collection ofdata in compliance with the law. Finally, internal records indicate that the department received no complaints in reference to racial profiling for the year 217.

8 In addition to providing summary reports and analysis ofthe data collected by the Tarrant ounty ollege District Police Department in 217, this report also included an extensive presentation of some of the limitations involved in the level of data collection currently required by law and the methodological problems associated with analyzing such data for the Tarrant ounty ollege District Police Department as well as police agencies across Texas. The Tarrant ounty ollege District Police Department should continue its educational and training efforts within the department on racial profiling. Finally, the department should conduct periodic evaluations to assess patterns ofofficer decision-making on traffic stops. The final section ofthis report includes required TOLE reporting information by Texas law enforcement organizations.

9 Tarrant ounty ollege District Police Department TOLE Reporting Forms

10 Racial Profiling Report I Tier one Agency Name: Tarrant ounty ollege District Reporting Date: 1/26/218 TOLE Agency Number hief Administrator: Shaun Williams Agency ontact Information:.Phone: Mailing Address: N/A N/A 15 Houston St. Fort Worth TX 7612 This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops ore equipped with video and audio equipment and we maintain videos for 9 days. ertification to This Report (Tier 1), Partial Exemption Article 2132(b) P Low Enforcement Petey on Racial Profiling Tarrant ounty ollege District has adopted a detailed written policy on racial profiling. Our policy: l.) clearly defines acts constituting raclal prof11ing; 2.) strictly prohibits peace officers employed by the Tarrant ounty ollege District from engaging in racial profiling; 3.} implements a process by which an individual may file a complaint with the Tarrant ounty ollege District if the individual believes that a peace officer employed by the Tarrant ounty ollege District has engaged in racial profiling with respect to the individual; 4.) provides public education relating to the agency's complaint process; 5.) requires appropriate corrective action to be taken against a peace officer employed by the Tarrant ounty ollege District who, after an investigation, is shown to have engaged in racial profiling in violation of the Tarrant ounty ollege D1strict"s policy adopted under this article; 6.) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to:

11 a.) the race or ethnicity of the individual detained; b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and 7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(6) to: a.) the ommission on Law Enforcement; and b.) the govern[ng body of each county or municipality served by the agency, if the agency 1s an agency of a county, munic1pa11ty, or other political subdivision of the state. Executed by: Shaun Williams Q hief Administrator Tarrant ounty ollege District Date: 1/26/218

12 Tarrant ounty ollege District Motor Vehicle Racial Profiling Information Total stops: 23 l Number of motor vehicle stops itation only: 228 Arrest only: O Both: 3 Ra.ce or ethnicity African: 51 Asian: 19 aucasian: 99 Hispanic: 44 Middle eastern: 16 Native american: 2 Was race known ethnicity known prior to stop? Yes: No: 231 Was a search conducted Yes: 5 No:226 Was search consented? Yes: 1 No: 4 Submitted electronically to the The Texas ommission on Law Enforcement

13 Appendix A Racial Profiling Statutes and Laws Art RAIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Added by Acts 2 I, 77th Leg., ch. 947, Sec. 2, cff. Sept. I, 21. Art RAIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Added by Acts 21, 77th Leg., ch. 947, Sec. I, eff. Sept. I, 21. Art LAW ENFOREMENT POLIY ON RAIAL PROFILING. (a) In this article: (I) "Law enforcement agency" means an agency ofthe state, or of a county, municipality, or other political subdivision ofthe state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in wtiich a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means ofa particular descent, including aucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (I) clearly define acts constituting racial profiling;

14 (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency ifthe individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (8) whether a search was conducted and, ifso, whether the individual detained consented to the search; and () whether the peace officer knew the race or ethnicity ofthe individual detained before detaining that individual; and (7) require the chief administrator ofthe agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report ofthe information collected under Subdivision (6) to: (A) the ommission on Law Enforcement Officer Standards and Education; and (B) the governing body ofeach county or municipality served by the agency, if the agency is an agency ofa county, municipality, or other political subdivision ofthe state. (c) The data collected as a result ofthe reporting requirements ofthis article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. Ifa law enforcement agency installs video or audio equipment as provided by this

15 subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement ofan investigation by a law enforcement agency ofa complaint" described by Subsection (b)(3) in which a video or audio recording ofthe occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject ofthe complaint on written request by the officer. (g) On a finding by the ommission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 21, 77th Leg., ch. 947, Sec. I, eff. Sept. I, 21. Amended by: Acts 29, 81 st Leg., R.S., h. 1172, Sec. 25, eff. September l, 29. Art REPORTS REQUIRED FOR MOTOR VEHILE STOPS. (a) ln this article, "race or ethnicity" has the meaning assigned by Article 2. l 32(a). (b) A peace officer who stops a motor vehicle for an alleged violation ofa law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (l) a physical description ofany person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best ofthe officer's ability; (2) the initial reason for the stop;

16 (3) whether the officer conducted a search as a result ofthe stop and, ifso, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course ofthe search and a description ofthe contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or () the search was performed as a result ofthe towing ofthe motor vehicle or the arrest of any person in the motor vehicle; Q (6) whether the officer made an arrest as a result ofthe stop or the search, including a statement of whether the arrest was based on- a violation of the Penal ode, a violation ofa traffic law or ordinance, or an outstanding warrant and a statement ofthe offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result ofthe stop. Added by Acts 21, 77th Leg., ch. 947, Sec. I, eff. Sept. I, 21. Amended by: Acts 29, 81 st Leg., R.S., h. 1172, Sec. 26, eff. September I, 29. Art OMPILATION AND ANALYSIS OF INFORMATION OLLETED. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article Not later than March I ofeach year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the ommission on Law Enforcement Officer Standards and Education

17 and, ifthe Jaw enforcement agency is a local Jaw enforcement agency, to the governing body of each county or municipality served by the agency. (c) A report required under Subsection (b) must be submitted by the chief administrator ofthe law enforcement agency, regardless ofwhether the administrator is elected, employed, or appointed, and must include: (I) a comparative analysis ofthe information compiled under Article to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; and (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and Q (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting ofinformation required under Article 2. t 33(b)( I). (e) The ommission on Law Enforcement Officer Standards and Education, in accordance with Section 17t.162, Occupations ode, shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements ofthis article shall not constitute prima facie evidence of racial profiling. (g) On a finding by the ommission on Law Enforcement Officer Standards and Education that the chief administrator ofa law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 21, 77th Leg., ch. 947, Sec. t, eff. Sept. 1, 21.

18 Amended by: Acts 29, 81 st Leg., R.S., h. 1.Lll, Sec. 27, eff. September I, 29. Art PARTIAL EXEMPTION FOR AGENIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article and the chief administrator ofa law enforcement agency, regardless ofwhether the administrator is elected, ~mployed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article if: (I) during the calendar year preceding the date that a report under Article is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle stops is equipped with video camera and transmitteractivated equipment and each law enforcement motorcycle regularly used to make motor vehicle stops is equipped with transmitter-activated equipment; and (8) each motor vehicle stop made by an officer employed by the agency that is capable of being recorded by video and audi? or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body ofthe county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department ofpublic Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(l)(a) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article shall retain the video and audio or audio documentation of each motor vehicle stop for at least 9 days after the date ofthe stop. )fa complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle stop, the agency shall retain the video and audio or audio record ofthe stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article

19 (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). Added by Acts 2 I, 77th Leg., ch. 94 7, Sec. I, eff. Sept. I, 2I. Amended by: Acts 29, 81 st Leg., R.S., h. 1172, Sec eff. September I, 29. Art LIABILITY. A peace o'fficer is not liable for damages arising from an act relating io the collection or reporting of information as required by Article or under a pol icy adopted under Article Added by Acts 21, 77th Leg., ch. 947, Sec. I, eff. Sept. I, 21. Art: PROVISION OF FUNDING OR EQUIPMENT: (a) The Department ofpublic Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose ofinstalling video and audio equipment as described by Article 2. I 35(a)( I)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration oftax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (I) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department ofpublic Safety shall collaborate with an institution ofhigher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose ofinstalling video and audio equipment as described by Article 2. I 35(a)( I )(A). The collaboration may include the use ofa survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies.

20 (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2. l 35(a)( 1 )(A), the governing body ofa county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose ofinstalling video and audio equipment as described by Article 2. l 35(a)( I )(A), the governing body ofa county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(l)(A) and is using the equipment as required by Article 2. i35(a)( 1 ). Added by Acts 21, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2 I. Art RULES.. The Department ofpublic Safety may adopt rules to implement Articles Added by Acts 21, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 21. Art IVIL PENALTY. (a) lfthe chief administrator ofa local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1, for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration ofthe agency, the executive director ofa state law enforcement agency that intentionally fails to submit the incident-based data as required by Article shall remit to the comptroller the amount of $1, for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit ofthe general revenue fund. Added by Acts 29, 81st Leg., R.S., h Sec. 29, eff. September 1, 29.

21 Appendix B Tarrant ounty ollege District Police Department Racial Profiling Policy SUBJET RAIAL PROFILING SYSTEM STANDARDS GENERAL ORDER NUMBER 216. EFFETIVE DATE February 1, 216 REVISION DATE APPROVAL Shaun Williams, hief of Police PAGES 6 Policy Statement - While it is the standard of this Department lo police in a proactive manner and to aggressively investigate suspected violations of the law. all officers must uphold and respect the United States and Texas onstitution's guarantee ofthe fundamental right of all persons to be treated equally and to be free from unreasonable searches and seizures by governmental agents. It is therefore the policy of this Department that all interaction with the public, whether for enforcement or assistance, shall be conducted responsibly and professionally without regard to race, ethnicity, or national origin. Purpose - The purpose of this Genera$ Order is lo reaffirm the Tarrant ounty ollege District Police Department's commitment of unbiased policing in all its encounters between an officer and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of Departmental policy and the law DEFINITIONS Race or Ethnicity - Ofa particular decent, including aucasian, African, Hispanic, Asian, Native American, or Middle Eastern. Racial Profiling - A law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. Traffic Stop - A peace officer that stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic PROVISIONS A. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public.

22 ~ B. Officers are strictly prohibited from engaging in racial profiling as defined in this General Order.. Officers shall insure that all Federal, State and local laws, and ollege rules and regulations are enforced without regard to race, ethnicity, or national origin. D. No distinction shall be made between any person, whether driver, passenger, or pedestrian. E. Racial profiling is an unacceptable patrol tactic, and will not be condoned. F. Officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. G. Police may use race in conjunction with other known factors of the suspect. H. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. 1. Racial profiling is not relevant as it pertains to witnesses, complainants, orother citizen contacts. 2. Racial profiling does not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat lire, or someone who appears to be lost, ill or confused. I. Officers are not prohibited from stopping someone suspected ofa crime based upon observed action and/or information received about the person. J. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision. 1. Race, ethnicity or national origin may be legitimate factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. 2. Detaining an individual, and conducting an inquiry into that person's activities simply because of that person's race, ethnicity or _national origin is racial profiling. K. Examples of racial profiling include, but are not limited to, the following : 1. iting a driver who is speeding in a stream of traffic, where most other drivers are speeding, because of the cited driver's race, ethnicity or national origin. 2. Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle. 3. Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place RAIAL PROFILING REQUIREMENTS A. Senate Bi/1174, passed by the 77 1 h Legislature, and enacted September 1, 21, strictly prohibits officers from engaging in racial profiling, and requires the collection and analysis of certain police contacts with the public. 1. This law is contained in the Texas ode ofriminal Procedures. 2. Article prohibits officers from engaging in racial profiling.

23 Articles and require the coltection of data, and are reported as Tier I and Tier II data. 4. Article requires the compilation and analysis ofthe data collected under Article Article exempts a law enforcement agency from the collection and analysis ofcertain data if each patrol unit regularly used by an officer to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment, and if not, if the agency is denied funds by the Department of Public Safety. A. This Department was denied funds for the purchase and installation of video and audio equipment, however because the public has become discerning of not only the areas where they live and raise their children, but also of the educational institutions where family members attend, this Department shall collect, analyze. and present a detailed report of the required police contact data. 6. Data collection is required from January 1 through December 31 of each calendar year. B. Article , Tier I data, is required of a\.l agencies. 1. Tier I requires the collection ofdata relating to traffic stops in which a citation is issued. 2. Each citation issued must contain the following data: a. The violator's race or ethnicity; b. Whether a search was conducted (whether of the person or vehicle);. If search conducted, was the search consensual; and d. Whether an arrest was made for the cited violation or any other violation. 3. By March 1 st of each year a report containing the information compiled from each individual report from the preceding calendar year shall be submitted to the governing board. 4. The report shall contain: a. A breakdown of citations by race or ethnicity; b. Number of citations that resulted in a search; c. Number of searches that were consensual; and d. Number of citations that resulted in custodial arrest for the cited violation or any other violation. 5. No analysis of this information is required. 6. The report shall not include identifying information about a peace officer who makes a stop, or about an individual who is stopped or arrested. 7. The data collected shall not constitute prima facie evidence of racial profiling.. Article 2.133, Tier II data, is required of all agencies that do not have video cameras in their patrol units.

24 1. Tier II requires the collection of data for all motor vehicles stopped for an alleged violation of a law ordinance regulating traffic, whether or not a citation is issued. 2. Each officer shall record and report the following information; a. Gender; b. The person's race or ethnicity, as stated by the person or as determined by the officer to the best of his/her ability; c. The street address or approximate location of the stop; d. The suspected offense or the traffic law ordinance alleged to have been violated; e. Whether the officer conducted a search as a result ofthe stop, and, ifso, whether the person detained consented to the search; f. Whether probable cause to search existed, and, if so, the fact(s) supporting the existence of that probable cause; g. Whether any contraband was discovered in the course of the search, and, if so, the type of contraband that was discovered: h. Whether the officer made an arrest as a result of the stop and/or search, and, if so, a statement of the offense charged; and i, Whether the officer issued a warning or a citation as a result of the stop, and, if so,.a statement of the offense charged. 3. By March 1 st of each year a report containing the information compiled from each individual report from the preceding calendar year shall be submitted to the governing board, and shall include: a. A comparative analysis of the information compiled in order to: (1.) Determine the prevalence of racial profiling by peace officers employed by the agency; and (2.) Examine the disposition of traffic stops made by officers employed by the agency, including searches resulting from the stops. b. Information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. 4. The report shall not include identifying information about a peace officer who makes a stop, or about an individual who is stopped or arrested. 5. The data collected shall not constitute prima facie evidence of racial profiling. D. All officers shall complete the Department approved "Field Data ollection" form (attached) on any contact that falls within the parameters of this law, and will ensure that it has been filed in the designated place before the end of their shift. E. Each month the campus Administrative Assistant shall collect the "Field Data ollection" form(s) and forward them to the Data ollection personnel (designated by the hief of Police) no later than the fifteenth (15 th ) day of the following month.

25 F. The Data ollection personnel shall be responsible for review and compilation of the data to reflect both resident and non-resident statistics monthly. A report shall be completed and recorded no later than the thirtieth (3 th ) day of each month. G. All traffic citations. and any video or audio tapes of each traffic stop will be retained for a period of 9 days after the date of the stop; however if a complaint is filed, the citation or audio/video tape shall be retained until final disposition of the complaint TRAINING A. Officers are responsible to adhere to all TOLE training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. B. All officers shall complete a TOLE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under hapter 171 of the Texas Occupations ode or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.. The hief of Police, as part ofthe continued education for such appointment, will be required to attend the LEMIT program on racial profiling PUBLI EDUATION A. This Department will inform the public of its policy against racial profiling, and the complaint process. B. Methods that may be utilized to_ inform the public are the news media, radio, service or civ[c presentations, the Internet, public notice boards, as well as governing board meetings.. Information will be made available, as appropriate, in languages other than English OMPLAINT INVESTIGATION A The Department shall accept complaints from any person who believes they have been stopped or searched based on racial, ethnic or national origin profiling. B. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because they filed such a complaint.. A Department member who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channel, or direct the individual to their senior supervisor. D. Personnel will report any allegation of racial profiling to their supervisor before the end of their shift. E. Senior supervisors will discuss informal (oral) complaints with complainants; however, while an official internal affairs investigation is not required without a formal (written) complaint, the supervisor may initiate an official supervisory investigation based on the information received. F. omplainants desiring an official investigation and response to a complaint must complete an internal affairs complaint form (see General Order 92.). G. Investigation of a complaint shall begin promptly upon the receipt of the complaint, and shall be conducted in a thorough and timely manner.

26 H. The completed internal affairs report shall be forwarded to the officer's lieutenant and the hief of Police. L The disposition of all formal complaints will be acknowledged in writing to the complainant. J. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination (see General Order 98.). K. If there is a departmental video or audio recording of the events upon which a complaint of racial profiling is based, upon commencement ofan investigation by this Department into the complaint and written request of the officer made the subject of the complaint, this Department shall promptly provide a copy of the recording to that officer.

27 Appendix Racial Profiling Laws and orresponding Department Policies Texas P Article TARRANT OUNTY OLLEGE DISTRIT POLIE DEPARTMENT Racial Profiling Policv (General Order Number 216.) (b) 1 Section 216. I Definitions and Provisions 2.132(b)2 Section Provisions 2.132(b)3 Section omplaint Investigation 2.132(b)4 Section Public Education 2. l 32(b)5 Section omplaint Investigation 2.132(b)6 Section Racial Profiling Requirements 2.132(b)7 Section Racial Profiling Requirements