RACIAL PROFLING: WHAT IS THE COMPARATIVE ANALYSIS?

Comparative Analysis of Motor Vehicle Stops

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Agencies that routinely perform traffic stops or motor vehicle stops must file by online report.  Reports are filed online through TCLEDDS

In addition to the online form, agencies must upload a separate PDF comparative analysis document containing a statistical analysis of its motor vehicle stops and their dispositions compared by race or ethnicity, such as percentages or ratios. An example of such an analysis can be found beginning on page 3. Any incomplete data or data anomalies should be explained in your report. The second document must also contain a statement as to if racial profiling complaints were made against the agency and if so, a listing of all racial profiling complaints and the corresponding resolutions. This requirement is laid out in the Code of Criminal Procedure, copied below.

CCP 2.134 MINIMUM REQUIREMENTs for comparative analysis document

Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.  (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 2.133.  Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law 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 of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include:

(1)  a comparative analysis of the information compiled under Article 2.133 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;

(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

(C)  evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and

(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 of information required under Article 2.133(b)(1).

(e)  The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article.

(f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling.

(g)  On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator.

 

Optional additional Information for your governing body

  • Generalizations and summary of data reported
    • Percentage of total male to total stops
    • Percentage of total female to total stops
    • Percentage of each race/ethnicity to total stops
    • Population estimate of reporting area*
    • Percentage of female persons in the reporting area*
    • Percentage of male persons in the reporting area (derived from the total population estimate minus female population)
    • Percentage of race/ethnicity in reporting area*
    • Gender of most stops
    • Race or ethnicity of most stops
    • In most cases, was gender known?
    • In most cases, was race or ethnicity known?
    • What was the primary reason for the stops?
    • Approximate location of where most stops took place
    • Did most stops result in search?
    • Was consent provided for most of the searches conducted?
    • Top reasons why searches were conducted
    • Was contraband found during most searches?
    • What was the most frequent type of contraband found?
    • Top results of most stops (ex:  verbal warnings, written warnings, etc.…)
    • If arrests were made, what was the most frequent basis?
    • How many of the stops resulted in physical force causing bodily injury?

* Resource:  https://www.census.gov/quickfacts (search by county, city, town, or zip) or a local governmental source of demographics

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