§ 31-21.1-4 - Traffic stop study.
SECTION 31-21.1-4
§ 31-21.1-4 Traffic stop study. – (a) The attorney general is authorized to and shall conduct a study of routinetraffic stops by the Rhode Island state police and each municipal policedepartment. The study shall include the collection and analysis of the datareceived from the police department pursuant to this section, which shallinclude the following information for each traffic stop conducted by the police:
(1) The date, time and general location of the traffic stop;
(2) The race or ethnicity, gender, and approximate age of thedriver stopped; provided that the identification of these characteristics shallbe based on the observation and perception of the police officer making thestop and the information shall not be requested of the person stopped;
(3) The reason for the stop;
(4) Whether a search was instituted as a result of the stop;
(5) The scope of any search conducted;
(6) Whether the search was conducted pursuant to consent,probable cause, or reasonable suspicion to suspect a crime;
(7) Whether any contraband, including money, was seized inthe course of the search, and if so, the nature of the contraband;
(8) Whether any warning or citation was issued as a result ofthe stop;
(9) Whether an arrest was made as a result of either the stopor the search;
(10) The approximate duration of the stop; and
(11) Whether the vehicle is registered in Rhode Island or outof the state.
(b) Not later than ninety (90) days after July 13, 2000, theattorney general, with the advice of the committee, shall develop a form, inboth printed and electronic format, to be used by each police officer whenmaking a traffic stop to record the data required under this chapter.
(c) Beginning January 15, 2001, and monthly thereafter, eachmunicipal police department and the Rhode Island state police shall transmit tothe attorney general a report containing:
(1) All of the forms collected to date of motorists who werestopped;
(2) Any complaints filed by motorists who believed they werethe subject of racial profiling, provided that no information revealing theidentity of the complainant, witnesses or the law enforcement officer involvedin the traffic stop shall be used, transmitted or disclosed in violation of theprovisions of Chapter 28.6 of Title 42, the Law Enforcement Officers' Bill ofRights; and
(3) Any other information the police department or RhodeIsland state police deem appropriate.
(d) The study authorized under this chapter shall include amulti-variate analysis of the collected data in accordance with generalstatistical standards. The attorney general shall collect data for a period ofnot less than twenty-four (24) months and report its findings and conclusionsto the governor and the general assembly not later than thirty (30) monthsafter the commencement of the collection of data under this chapter. Thereport, findings and conclusions submitted pursuant to this subsection shall bedeemed a public record.
(e) In addition, the attorney general, with the advice of thecommittee, shall prepare on a quarterly basis a summary report of the monthlydata provided by each police department and the state police for that quarterlyperiod. The report shall be a public record. The summary report shall include amonthly breakdown by race for each police department of the number of trafficstops made and of searches conducted, and any other information deemedappropriate by the attorney general with the advice of the committee. Thereport shall be released not more than ninety (90) days after the end of eachquarterly period. No information revealing the identity of any individual shallbe contained in the report.
(f) Upon July 13, 2000, the attorney general with the adviceof the committee shall procure the services of an organization, company, personor other entity with sufficient expertise in the field of statistics to assistwith the implementation of this chapter. The organization, company, person orother entity so retained shall assist the attorney general and the committeewith the design of the methodology for gathering statistics pursuant to thischapter, monitor compliance with the act throughout the study, and conduct astatistical analysis at the conclusion of the study to determine the extent towhich racial profiling exists within the state.
(g) Appropriate funding shall be made available to implementthe provisions of this chapter.
(h) The department of attorney general shall be exempt fromthe provisions of chapter 2 of title 37 in connection with its procurement ofequipment and services necessary to the implementation of this chapter.