PART VII-B. REPORTING OF STATISTICS RELATED

TO TRAFFIC CITATIONS

§398.10. Collection and reporting of statistical information relating to traffic stops

            A. All law enforcement officers defined as a peace officer in R.S. 40:2402 shall record and retain the following information:

            (1) The number of persons stopped for traffic violations.

            (2) Characteristics of race, gender, age, and state of residence of such persons, provided 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.

            (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.

            (6) The number of persons stopped for violations of R.S. 32:300.5 and 300.6.

            (7) The number of violations of R.S. 32:300.7.

            (8) The number of violations of R.S. 32:289.1.

            B. 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.

            C. Law enforcement agencies shall submit the information required by Subsection A of this Section for all traffic citations issued by their law enforcement officers on a quarterly basis to the Department of Public Safety and Corrections.

            D. The secretary of the Department of Public Safety and Corrections shall collect statistical information regarding the age, sex, race, and state of residence of motorists issued traffic citations by Louisiana law enforcement agents and shall provide a report of this information annually to the governor and members of the legislature on or before May first of every year.

NOTE: Subsection (E) eff. until Jan. 1, 2024. See Acts 2023, No. 217.

            E. The provisions of this Section shall be inapplicable to any law enforcement agency or department that has adopted a written policy against racial profiling.

NOTE: Subsection (E) as amended by Acts 2023, No. 217, eff. Jan. 1, 2024.

            E. Except for the office of state police, the provisions of this Section shall be inapplicable to any local law enforcement agency or department that has adopted a written policy against racial profiling.

            F. Each state or local law enforcement agency or department covered by this Section shall require every law enforcement officer within their respective agency or department to view the video on racial profiling produced by the Department of Public Safety and Corrections, public safety services.

            Acts 2001, No. 645, §1; Acts 2008, No. 665, §1, eff. July 1, 2008; Acts 2008, No. 666, §1, eff. July 1, 2008; Acts 2008, No. 667, §1, eff. Apr. 1, 2010; Acts 2009, No. 224, §5, eff. June 1, 2009; Acts 2023, No. 217, §1, eff. Jan. 1, 2024.