ORDER NO. 31643
2009 RACIAL PROFILING STATISTICS BY 198TH DISTRICT ATTORNEY'S
OFFICE
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of
4-0-0 to:
Accept the 2009 Racial Profiling Statistics as submitted by the 198r~ District Attorney's
Office, as presented.
3)?q3
1'0
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Tinley OFFICE: County Judge
MEETING DATE: March 8, 2010 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to receive the "2009 Racial
Profiling Statistics" submitted by the 198th District Attorney's Office.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER - NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays
5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.,t
'fit r?
(Office of tl)e 198tij 3lubiciar Mi5trict Z(ttornep
KERR. KIMBLE. MASON, McCULLOCH, MENARD COUNTIES
Ama I. A;Trtall, migtritt Attune)?
02-11-2010
Commissioners Courts of
Kerr, Kimble. Mason, McCulloch, and Menard Counties
In accordance with Texas Code of Criminal Procedure Article 2.132)(b), the following
and attached racial profiling statistics are submitted ['or your review:
2009 Racial Profiling Statistics for 1981" District Attorney's Office
CITATIONS SEARCHES CONSENTED NO CONSENT
African	52 (13%)	23(17%)	8(24%)	5 (8`%n)
Asian	3 (.75%)	0	0	0
Caucasian	191 (49%)	66(490/(-)	27(36%)	39(65%)
Hispanic	147(37%)	46 (34%)	30(40%)	16(27%)
M L-'	1 (.25%)	0	0	0
Native	0	0	0	0
Total	394	135	75	60
There were no racial prollfing complaints received during this reporting period.
Sin rely.
Amos L. Barton
198`1i District Attorney
ALB/kid
MAIN OFFICE: P.O. Box 291285, Kerrville, Texas 78029, Phone 830-257-7575, Fax 830-257-7580
JUNCTION OFFICE: P.O. Box 46. Junction, Texas 76849, Phone 325-446-3311, Fax 325-446-4279
BRADY OFFICE: P.O. Box 1285, Brady, Texas 76825, Phone 325-597-1710, Fax 325-597-1714				
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Partial Exemption Racial Profiling Reporting
(Tier 1)
Department Name
Agency Number
Chief Administrator Name
Reporting Name
Contact Number
E-mail Addess
198th District Attorney's Office
267140
Amos L. Barton, District Attorney
Kyle Dean, Office Director
830-257-7575
kyled0198da.corn
Certification to Report 2.132 (Tier 1) - Partial Exemption
Policy Requirements (2.132(b) CCP):
Each law enforcement agency in this state shall adopt a detailed written policy
on racial profiling. The policy must:
(1) clearly define acts constituting racial profiling;
(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 if
the 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;
(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 Commission on Law Enforcement Officer Standards and Education; and
(B) the governing body of each county or municipality served by the agency, if
the agency is an agency of a county, municipality, or other political subdivision of
the state.
These polices are in
effect
Chief Adm
\1,-
Partial Exemption Racial Profiling Reporting -Tier 1
Page 1 of 45 g ?
Partial Exemption Racial Profiling Reporting
(Tier 1)
Video and Audio Equipment Exemption
Partial Exemption Claimed by (2.135(a) CCP):
all cars regularly used for motor vehicle stops are equipped
®
with video camera and transmitter-activated equipment and
each motor stop is recorded and the recording of the stop is
retained for at least 90 days after the stop,
OR
? In accordance with 2.135(a)(2) the agency has requested and
not received funds to install the recording equipment
I claim this
exemption
Z \N-
Chief Administrator
Date
Partial Exemption Racial Profiling Reporting -Tier 1
Page 2 of 4.q
Partial Exemption Racial Profiling Reporting
(Tier 1)
(This Is the TCLEOSE recommended form. The form is not mandatory. The information
contained in this form, however, is mandatory. You may use your form, but all information
must be provided.)
If you claim a partial exemption you must submit a report that
contains the following data or use this format to report the data.
Instructions: Please fill out all boxes. If zero, use 0.
1. Total on lines 4,11,14, and 17 Must be equal
2. Total on line 20 Must equal line 16
Number of motor vehicle stops:
Mark only 1 category per vehicle stop
1. 376 citation only
2. 18 arrest only
3. 3 both
4. 394 Total
Race or Ethnicity:
g.	52 African
6.	3 Asian
7.	191 Caucasian
8.	147 (Hispanic
9.	-r- Middle Eastern
10. 0 (Native American
11. 3 94 Total
Race or Ethnicity known prior to stop?
12. Yes NOT REQUIRED UNTIL 2011
13. No REPORTING PERIOD
14. Total
Search conducted?
16. 135 Yes
16. -7S 97-- No
17. 394 Total
Was search consented?
18. 7 5 Yes
19. 60 No
20. 138 Total Must equal #15
Partial Exemption Racial Profiling Reporting - Tier 1
Page 3 of 4Partial Exemption Racial Profiling Reporting
(Tier 1)
Option to submit required data by utilizing agency report
You must submit your report in PDF format
Electronic Submission of data required by 2.132(b)(6) CCP
(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;
(6) 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
This report meets the above
requirements
2? ?L 1Q
Administrator
Date
Send entire documents electronically to this website
www.tcIeose.state.tx.us
Partial Exemption Racial Profiling Reporting -Tier 1
Page 4 of 4