4-7-119 - Information to be recorded and retained Submission of data Officer liability Review of prevalence and disposition of traffic stops Development of form.
4-7-119. Information to be recorded and retained Submission of data Officer liability Review of prevalence and disposition of traffic stops Development of form.
(a) Commencing on January 1, 2006, and continuing all through the calendar year, the Tennessee highway patrol, using the form developed and promulgated pursuant to subsection (d), shall record and retain the following information:
(1) The number of persons stopped for traffic violations;
(2) Characteristics of race, color, ethnicity, gender and age of such persons; provided, that the identification of such characteristics shall be based on the observation and perception of the law enforcement officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped;
(3) The nature of the alleged traffic violation that resulted in the stop;
(4) Whether a warrant or citation was issued, an arrest made or a search conducted as a result of the stop; and
(5) If a search was conducted, the type of search and the legal basis for that search, and whether contraband was discovered and property was seized.
(b) The Tennessee highway patrol shall begin submitting such data and information to the comptroller of the treasury on a monthly basis, beginning no later than February 1, 2006, by submitting or electronically transferring a copy of the form prescribed by the comptroller of the treasury.
(c) Any law enforcement officer who in good faith records traffic stop information pursuant to the requirements of this section shall not be held civilly liable for the act of recording such information.
(d) The comptroller of the treasury shall, within the limits of existing resources, provide for a review of the prevalence and disposition of traffic stops reported pursuant to this section. The comptroller of the treasury shall develop and promulgate a form, in both printed and electronic format, to be used by law enforcement officers to which this section applies when making a traffic stop to record personal identifying information about the operator of the motor vehicle that is stopped, the location of the stop, the reason for the stop and other information that is required to be recorded pursuant to subsection (a). The comptroller of the treasury shall report to the governor and the general assembly the results of such review, including any recommendations, no later than April 1, 2007.
(e) The provisions of this section shall be in effect from May 19, 2005, until July 1, 2007.
[Acts 2005, ch. 193, § 2.]