Back to AELE Home Page
Back to Hot Issues Back to Legislative Page
Note: statistics gathered under this statute are reported online at: http://sbi.jus.state.nc.us/TSS_01/Rpt/information.htm
SESSION LAW 1999-26 (as modified by Budget Bill enacted 9/21/2001):
AN ACT TO REQUIRE THE DIVISION OF CRIMINAL STATISTICS TO COLLECT AND MAINTAIN STATISTICS ON TRAFFIC LAW ENFORCEMENT.
The General Assembly of North Carolina enacts:
Section 1. G.S. 114-10 reads as rewritten:
"§ 114-10. Division of Criminal Statistics.
The Attorney General shall set up in the Department of Justice a division to be designated as the Division of Criminal Statistics. There shall be assigned to this Division by the Attorney General duties as follows:
(1) To collect and correlate information in criminal law administration, including crimes committed, arrests made, dispositions on preliminary hearings, prosecutions, convictions, acquittals, punishment, appeals, together with the age, race, and sex of the offender, and such other information concerning crime and criminals as may appear significant or helpful. To correlate such information with the operations of agencies and institutions charged with the supervision of offenders on probation, in penal and correctional institutions, on parole and pardon, so as to show the volume, variety and tendencies of crime and criminals and the workings of successive links in the machinery set up for the administration of the criminal law in connection with the arrests, trial, punishment, probation, prison parole and pardon of all criminals in North Carolina.
(2) To collect, correlate, and maintain access to information that will assist in the performance of duties required in the administration of criminal justice throughout the State. This information may include, but is not limited to, motor vehicle registration, drivers' licenses, wanted and missing persons, stolen property, warrants, stolen vehicles, firearms registration, sexual offender registration as provided under Article 27A of Chapter 14 of the General Statutes, drugs, drug users and parole and probation histories. In performing this function, the Division may arrange to use information available in other agencies and units of State, local and federal government, but shall provide security measures to insure that such information shall be made available only to those whose duties, relating to the administration of justice, require such information.
(2a) To collect, correlate, and maintain the following information regarding traffic law enforcement by law enforcement officers:
a. The number of drivers stopped for routine traffic enforcement by law enforcement officers and whether or not a citation or warning was issued;
b. Identifying characteristics of the drivers stopped, including the race or ethnicity, approximate age, and gender;
c. The alleged traffic violation that led to the stop;
d. Whether a search was instituted as a result of the stop;
e. Whether the vehicle, personal effects, driver, or passenger or passengers were searched, and the race or ethnicity, approximate age, and gender of each person searched;
f. Whether the search was conducted pursuant to consent, probable cause, or reasonable suspicion to suspect a crime, including the basis for the request forconsent, or the circumstances establishing probable cause or reasonable suspicion;
g. Whether any contraband was found and the type and amount of any such contraband;
h. Whether any written citation or any oral or written warning was issued as a result of the stop;
i. Whether an arrest was made as a result of either the stop or the search;
j. Whether any property was seized, with a description of that property;
k. Whether the officers making the stop encountered any physical resistance from the driver or passenger or passengers;
l. Whether the officers making the stop engaged in the use of force against the driver, passenger, or passengers for any reason;
m. Whether any injuries resulted from the stop; and
n. Whether the circumstances surrounding the stop were the subject of any investigation, and the results of that investigation.
o. The geographic location of the stop; if the officer making the stop is a member of the State Highway Patrol, the location shall be the Highway Patrol District in which the stop was made; for all other law enforcement officers, the location shall be the city or county in which the stop was made.
For purposes of this subdivision, "law enforcement officer" means:
1. All State law enforcement officers;
2. Law enforcement officers employed by county sheriffs or county police departments;
3. Law enforcement officers employed by police departments in municipalities with a population of 10,000 or more persons; and
4. Law enforcement officers employed by police departments in municipalities employing five or more full-time sworn officers for every 1,000 in population, as calculated by the Division for the calendar year in which the stop was made.
The information required by this subdivision need not be collected in connection with impaired driving checks under G.S. 20-16.3A or other types of roadblocks, vehicle checks, or checkpoints that are consistent with the laws of this State and with the State and federal constitutions, except when those stops result in a warning, search, seizure, arrest, or any of the other activity described in sub-subdivisions d. through n. of this subdivision.
The identity of the law enforcement officer making the stop required by sub-subdivision a. of this subdivision may be accomplished by assigning anonymous identification numbers to each officer in an agency. The correlation between the identification numbers and the names of the officers shall not be a public record, and shall not be disclosed by the agency except when required by order of a court of competent jurisdiction to resolve a claim or defense properly before the court.
The Division shall publish and distribute by December 1 of each year a list indicating the law enforcement officers that will be subject to the provisions of this subdivision during the calendar year commencing the following January 1.
(3) To make scientific study, analysis and comparison from the information so collected and correlated with similar information gathered by federal agencies, and to provide the Governor and the General Assembly with the information so collected biennially, or more often if required by the Governor.
(4) To perform all the duties heretofore imposed by law upon the Attorney General with respect to criminal statistics.
(5) To perform such other duties as may be from time to time prescribed by the Attorney General.
(6) To promulgate rules and regulations for the administration of this Article."
Section 2. This act shall not be construed to obligate the General Assembly to make any appropriation to implement the provisions of this act. Each department and agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated to that department or agency.
Back to AELE Home Page
Back to Hot Issues