PRINTER'S NO. 755
No. 662 Session of 2005
INTRODUCED BY JAMES, WASHINGTON, KIRKLAND, VEON, DeWEESE, THOMAS, BUXTON, SURRA, STURLA, WATERS, PALLONE, PRESTON, WHEATLEY, BEBKO-JONES, BLAUM, JOSEPHS, CURRY, CRUZ, BELARDI, BLACKWELL, DERMODY, CALTAGIRONE, HENNESSEY, GOODMAN, FRANKEL, LESCOVITZ, STABACK, WALKO, LEACH, MANDERINO, BROWNE, FABRIZIO, GERGELY AND WILLIAMS, MARCH 1, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2005
AN ACT 1 Requiring the Attorney General to collect data on traffic stops; 2 and making an appropriation. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Traffic Stops 7 Statistics Study Act. 8 Section 2. Attorney General to collect data. 9 The Attorney General shall conduct a study of stops for 10 routine traffic violations by law enforcement officers in this 11 Commonwealth. The study shall include collection and analysis of 12 appropriate data and shall consider the following factors: 13 (1) The number of individuals stopped for routine 14 traffic violations. 15 (2) Identifying characteristics of the individual 16 stopped, including the race or ethnicity as well as the
1 approximate age of that individual. 2 (3) The traffic infraction alleged to have been 3 committed that led to the stop. 4 (4) Whether a search was instituted as a result of the 5 stop. 6 (5) The manner in which the search was instituted. 7 (6) The rationale for the search. 8 (7) Whether any contraband was discovered in the course 9 of the search. 10 (8) The nature of such contraband. 11 (9) Whether any warning or citation was issued as a 12 result of the stop. 13 (10) Whether an arrest was made as a result of either 14 the stop or the search. 15 (11) The benefit of traffic stops with regard to the 16 interdiction of drugs and the proceeds of drug trafficking, 17 including the approximate quantity of drugs and value of drug 18 proceeds seized on an annual basis as a result of routine 19 traffic stops. 20 (12) Other factors as deemed appropriate by the Attorney 21 General. 22 Section 3. Scope of study. 23 In conducting the study required under section 2 (relating to 24 Attorney General to collect data), the Attorney General shall 25 collect and analyze data from: 26 (1) A city of the first class. 27 (2) A city of the second class. 28 (3) Two cities of the third class with a population in 29 excess of 100,000 based on the 1990 Federal decennial census. 30 (4) A city of the third class with a population of not 20050H0662B0755 - 2 -
1 less than 50,000 and not more than 52,000 based on the 1990 2 Federal decennial census. 3 (5) A city of the third class with a population of not 4 less than 52,000 and not more than 53,000 based on the 1990 5 Federal decennial census. 6 (6) Five municipalities designated by the Attorney 7 General which shall represent the various geographic regions 8 of this Commonwealth and which shall be in less densely 9 populated areas of this Commonwealth. 10 (7) The Pennsylvania State Police. 11 Section 4. Limitation on use of data. 12 Data acquired under this act shall be used only for research 13 or statistical purposes and may not contain any information that 14 may reveal the identity of any individual who is stopped or any 15 law enforcement officer. Data acquired under this act shall not 16 be used in any legal or administrative proceeding to establish 17 an inference of discrimination on the basis of particular 18 identifying characteristics. 19 Section 5. Report to General Assembly. 20 Not later than one year after the date of this act, the 21 Attorney General shall report the results of the study conducted 22 under this act to the General Assembly. 23 Section 6. Appropriation. 24 The sum of $600,000, or as much thereof as may be necessary, 25 is hereby appropriated to the Office of Attorney General to 26 carry out the study provided for in this act. 27 Section 7. Effective date. 28 This act shall take effect in 60 days. B1L75MRD/20050H0662B0755 - 3 -