S0037B0939A03795 AJB:JMT 03/26/24 #90 A03795
AMENDMENTS TO SENATE BILL NO. 37
Sponsor: REPRESENTATIVE NEILSON
Printer's No. 939
Amend Bill, page 1, line 11, by inserting after "vehicle;"
in enforcement, providing for data collection and reporting
relating to traffic stops;
Amend Bill, page 2, lines 22 through 25, by striking out all
of lines 22 through 24 and "(5)" in line 25 and inserting
(4)
Amend Bill, page 2, line 27, by striking out "(6)" and
inserting
(5)
Amend Bill, page 2, line 30, by striking out "(7)" and
inserting
(6)
Amend Bill, page 11, line 10, by striking out "a driver may
not" and inserting
no driver shall
Amend Bill, page 15, line 11, by striking out all of said
line and inserting
Section 7. Title 75 is amended by adding a section to read:
§ 6329. Data collection and reporting relating to traffic
stops.
(a) Data collection.--Notwithstanding any law to the
contrary, a Pennsylvania State Police officer or a local police
officer shall collect, in a form and manner determined by the
Pennsylvania State Police, the following information for any
self-initiated traffic stop made under this title as authorized
under section 6308 (relating to investigation by police
officers):
(1) The reason for the traffic stop.
(2) The perceived race and ethnicity of the driver
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subject to the traffic stop.
(3) The gender and age of the driver subject to the
traffic stop.
(4) Whether a search was initiated, including a search
of a vehicle or the vehicle operator or passengers, and, if a
search was initiated, whether the search was conducted with
the consent of the operator or passengers.
(5) The results of a search.
(6) Whether the traffic stop or subsequent search
resulted in a warning, citation, arrest or other action.
(7) Any additional information the Pennsylvania State
Police deems necessary.
(b) Effect of failure to collect data.--The failure of a
member of the Pennsylvania State Police or a local police
officer to collect the data under subsection (a) shall not
affect the validity of the underlying traffic stop.
(c) Report by local police departments.--On an annual basis,
a local police department shall transmit the data collected
under subsection (a) by the local police officers employed by
the local police department to the Pennsylvania State Police, or
a third party designated by the Pennsylvania State Police with
experience in the analysis of such data, for the preparation of
an annual analysis and report based on the data. Upon receipt of
the data, the Pennsylvania State Police or the third party shall
immediately make the annual analysis and report, including any
aggregate analysis of the data, publicly available by posting
the annual analysis and report on a publicly accessible Internet
website and transmit a copy of the annual analysis and report to
all of the following:
(1) The chair and minority chair of the Transportation
Committee of the Senate.
(2) The chair and minority chair of the Transportation
committee of the House of Representatives.
(3) The Pennsylvania Commission on Crime and
Delinquency.
(4) The Pennsylvania Human Relations Commission.
(d) Guidance and directives.--The Pennsylvania State Police
shall issue guidance to all of the following:
(1) If applicable, a third party designated by the
Pennsylvania State Police on the organization and appearance
of an analysis and report required under subsection (c).
(2) Each local police department on the required method,
manner and schedule for transmitting the data collected under
subsection (a) to the Pennsylvania State Police or a third
party designated by the Pennsylvania State Police under
subsection (c).
(e) Interdepartmental cooperation.--Local police departments
may enter into agreements and jointly cooperate for the purpose
of developing, sharing or implementing a system that satisfies
this section.
(f) Applicability.--
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(1) The requirements under this section do not apply to
a local police department that, on the effective date of this
paragraph, is collecting the data specified in subsection
(a), providing the data to a third party for analysis and
making the results available to the public.
(2) If a local police department stops collecting the
data under subsection (a), providing the data to a third
party for analysis or making the results available to the
public, the local police department shall be subject to the
requirements under this section.
(g) Construction.--Nothing in this section shall be
construed to prohibit data collected under this section from
being shared with organizations that compile national data
statistics. Data collected under subsection (a) shall not be
accessible under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Local police department." A police department that is:
(1) a regional police department that provides police
services to more than one municipality pursuant to an
agreement or contract and serves a total population of more
than 5,000 according to the 2020 Federal decennial census; or
(2) a municipal police department for a municipality
with a population of more than 5,000 according to the 2020
Federal decennial census.
"Local police officer." An employee of a local police
department who is empowered to:
(1) Enforce 18 Pa.C.S. (relating to crimes and offenses)
and this title.
(2) Make traffic stops under section 6308.
"Self-initiated traffic stop." A traffic stop, regardless of
the outcome, that was initiated as a result of a reasonable
suspicion or probable cause of a violation of traffic or
criminal law.
Section 8. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The addition of section 6329 of the act shall take
effect in 18 months.
(3) The remainder of this act shall take effect in 12
months.
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