§ 6329. Data collection and reporting relating to traffic stops.

858 words·~4 min read·/pa/title-75/chapter-63/6329

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(a)Data collection.-- Notwithstanding any law to the contrary, a Pennsylvania State Police officer or a local police officer shall collect, in a form and manner determined by the Pennsylvania State Police, the following information for any self-initiated traffic stop made under this title as authorized under section 6308 (relating to investigation by police officers):

(1)The reason for the traffic stop.

(2)The perceived race and ethnicity of the driver subject to the traffic stop.

(3)The gender and age of the driver subject to the traffic stop.

(4)Whether a search was initiated, including a search of a vehicle or the vehicle operator or passengers, and, if a search was initiated, whether the search was conducted with the consent of the operator or passengers.

(5)The results of a search.

(6)Whether the traffic stop or subsequent search resulted in a warning, citation, arrest or other action.

(7)Any additional information the Pennsylvania State Police deems necessary.

(b)Effect of failure to collect data.-- The failure of a member of the Pennsylvania State Police or a local police officer to collect the data under subsection

(a)shall not affect the validity of the underlying traffic stop.

(c)Report by local police departments.-- On an annual basis, a local police department shall transmit the data collected under subsection

(a)by the local police officers employed by the local police department to the Pennsylvania State Police, or a third party designated by the Pennsylvania State Police with experience in the analysis of such data, for the preparation of an annual analysis and report based on the data. Upon receipt of the data, the Pennsylvania State Police or the third party shall immediately make the annual analysis and report, including any aggregate analysis of the data, publicly available by posting the annual analysis and report on a publicly accessible Internet website and transmitting a copy of the annual analysis and report to all of the following:

(1)The chair and minority chair of the Transportation Committee of the Senate.

(2)The chair and minority chair of the Transportation committee of the House of Representatives.

(3)The Pennsylvania Commission on Crime and Delinquency.

(4)The Pennsylvania Human Relations Commission.

(d)Guidance and directives.-- The Pennsylvania State Police shall issue guidance to all of the following:

(1)If applicable, a third party designated by the Pennsylvania State Police on the organization and appearance of an analysis and report required under subsection (c).

(2)Each local police department on the required method, manner and schedule for transmitting the data collected under subsection

(a)to the Pennsylvania State Police or a third party designated by the Pennsylvania State Police under subsection (c).

(e)Interdepartmental cooperation.-- Local police departments may enter into agreements and jointly cooperate for the purpose of developing, sharing or implementing a system that satisfies this section.

(f)Applicability.--

(1)The requirements under this section do not apply to a local police department that, on the effective date of this paragraph, is collecting the data specified in subsection (a), providing the data to a third party for analysis and making the results available to the public.

(2)If a local police department stops collecting the data under subsection (a), providing the data to a third party for analysis or making the results available to the public, the local police department shall be subject to the requirements under this section.

(g)Construction.-- Nothing in this section shall be construed to prohibit data collected under this section from being shared with organizations that compile national data statistics. Data collected under subsection

(a)shall not be accessible under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(h)Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Local police department." A police department that is:

(1)a regional police department that provides police services to more than one municipality pursuant to an agreement or contract and serves a total population of more than 5,000 according to the 2020 Federal decennial census; or

(2)a municipal police department for a municipality with a population of more than 5,000 according to the 2020 Federal decennial census.

"Local police officer." An employee of a local police department who is empowered to:

(1)Enforce 18 Pa.C.S. (relating to crimes and offenses) and this title.

(2)Make traffic stops under section 6308.

"Self-initiated traffic stop." A traffic stop, regardless of the outcome, that was initiated as a result of a reasonable suspicion or probable cause of a violation of traffic or criminal law.

75c6329v

(June 5, 2024, P.L.366, No.18, eff. 18 months)

2024 Amendment. Act 18 added section 6329. The preamble of Act 18 provided that Act 18 may be referred to as Paul Miller's Law.

75c6341h

SUBCHAPTER C

PURSUIT OF VEHICLES

Sec.

6341. Definitions.

6342. Written policies required.

6343. Pursuit records.

6344. Pennsylvania State Police report.

6345. Liability.

Enactment. Subchapter C was added December 27, 1994, P.L.1337, No.154, effective in 180 days unless otherwise noted.

75c6341s