§ 114‑10.01. Collectionof traffic law enforcement statistics.
(a) In addition to theduties set forth in G.S. 114‑10, the Division of Criminal Statisticsshall collect, correlate, and maintain the following information regardingtraffic law enforcement by law enforcement officers:
(1) The number ofdrivers stopped for routine traffic enforcement by law enforcement officers,the officer making each stop, the date each stop was made, the agency of theofficer making each stop, and whether or not a citation or warning was issued.
(2) Identifyingcharacteristics of the drivers stopped, including the race or ethnicity,approximate age, and sex.
(3) The alleged trafficviolation that led to the stop.
(4) Whether a search wasinstituted as a result of the stop.
(5) Whether the vehicle,personal effects, driver, or passenger or passengers were searched, and therace or ethnicity, approximate age, and sex of each person searched.
(6) Whether the searchwas conducted pursuant to consent, probable cause, or reasonable suspicion tosuspect a crime, including the basis for the request for consent, or thecircumstances establishing probable cause or reasonable suspicion.
(7) Whether anycontraband was found and the type and amount of any such contraband.
(8) Whether any writtencitation or any oral or written warning was issued as a result of the stop.
(9) Whether an arrestwas made as a result of either the stop or the search.
(10) Whether any propertywas seized, with a description of that property.
(11) Whether the officersmaking the stop encountered any physical resistance from the driver orpassenger or passengers.
(12) Whether the officersmaking the stop engaged in the use of force against the driver, passenger, orpassengers for any reason.
(13) Whether any injuriesresulted from the stop.
(14) Whether thecircumstances surrounding the stop were the subject of any investigation, andthe results of that investigation.
(15) The geographiclocation of the stop; if the officer making the stop is a member of the StateHighway Patrol, the location shall be the Highway Patrol District in which thestop was made; for all other law enforcement officers, the location shall bethe city or county in which the stop was made.
(b) For purposes ofthis section, "law enforcement officer" means any of the following:
(1) All State lawenforcement officers.
(2) Law enforcementofficers employed by county sheriffs or county police departments.
(3) Law enforcementofficers employed by police departments in municipalities with a population of10,000 or more persons.
(4) Law enforcementofficers employed by police departments in municipalities employing five ormore full‑time sworn officers for every 1,000 in population, ascalculated by the Division for the calendar year in which the stop was made.
(c) The informationrequired by this section need not be collected in connection with impaireddriving checks under G.S. 20‑16.3A or other types of roadblocks, vehiclechecks, or checkpoints that are consistent with the laws of this State and withthe State and federal constitutions, except when those stops result in awarning, search, seizure, arrest, or any of the other activity described insubdivisions (4) through (14) of subsection (a) of this section.
(d) Each lawenforcement officer making a stop covered by subdivision (1) of subsection (a)of this section shall be assigned an anonymous identification number by theofficer's employing agency. The anonymous identifying number shall be publicrecord and shall be reported to the Division to be correlated along with thedata collected under subsection (a) of this section. The correlation betweenthe identification numbers and the names of the officers shall not be a publicrecord, and shall not be disclosed by the agency except when required by orderof a court of competent jurisdiction to resolve a claim or defense properlybefore the court.
(d1) Any agency subjectto the requirements of this section shall submit information collected undersubsection (a) of this section to the Division within 60 days of the close ofeach month. Any agency that does not submit the information as required by thissubsection shall be ineligible to receive any law enforcement grants availableby or through the State until the information which is reasonably available issubmitted.
(e) The Division shallpublish and distribute by December 1 of each year a list indicating the lawenforcement officers that will be subject to the provisions of this sectionduring the calendar year commencing on the following January 1. (1939, c. 315, s. 2; 1955,c. 1257, ss. 1, 2; 1969, c. 1267, s. 1; 1995, c. 545, s. 2; 1999‑26, s.1; 1999‑225, s. 1; 2000‑67, s. 17.2(a); 2001‑424, s. 23.7(a);2002‑159, s. 18(a), (b); 2009‑544, s. 1.)
§ 114‑10.01. Collectionof traffic law enforcement statistics.
(a) In addition to theduties set forth in G.S. 114‑10, the Division of Criminal Statisticsshall collect, correlate, and maintain the following information regardingtraffic law enforcement by law enforcement officers:
(1) The number ofdrivers stopped for routine traffic enforcement by law enforcement officers,the officer making each stop, the date each stop was made, the agency of theofficer making each stop, and whether or not a citation or warning was issued.
(2) Identifyingcharacteristics of the drivers stopped, including the race or ethnicity,approximate age, and sex.
(3) The alleged trafficviolation that led to the stop.
(4) Whether a search wasinstituted as a result of the stop.
(5) Whether the vehicle,personal effects, driver, or passenger or passengers were searched, and therace or ethnicity, approximate age, and sex of each person searched.
(6) Whether the searchwas conducted pursuant to consent, probable cause, or reasonable suspicion tosuspect a crime, including the basis for the request for consent, or thecircumstances establishing probable cause or reasonable suspicion.
(7) Whether anycontraband was found and the type and amount of any such contraband.
(8) Whether any writtencitation or any oral or written warning was issued as a result of the stop.
(9) Whether an arrestwas made as a result of either the stop or the search.
(10) Whether any propertywas seized, with a description of that property.
(11) Whether the officersmaking the stop encountered any physical resistance from the driver orpassenger or passengers.
(12) Whether the officersmaking the stop engaged in the use of force against the driver, passenger, orpassengers for any reason.
(13) Whether any injuriesresulted from the stop.
(14) Whether thecircumstances surrounding the stop were the subject of any investigation, andthe results of that investigation.
(15) The geographiclocation of the stop; if the officer making the stop is a member of the StateHighway Patrol, the location shall be the Highway Patrol District in which thestop was made; for all other law enforcement officers, the location shall bethe city or county in which the stop was made.
(b) For purposes ofthis section, "law enforcement officer" means any of the following:
(1) All State lawenforcement officers.
(2) Law enforcementofficers employed by county sheriffs or county police departments.
(3) Law enforcementofficers employed by police departments in municipalities with a population of10,000 or more persons.
(4) Law enforcementofficers employed by police departments in municipalities employing five ormore full‑time sworn officers for every 1,000 in population, ascalculated by the Division for the calendar year in which the stop was made.
(c) The informationrequired by this section need not be collected in connection with impaireddriving checks under G.S. 20‑16.3A or other types of roadblocks, vehiclechecks, or checkpoints that are consistent with the laws of this State and withthe State and federal constitutions, except when those stops result in awarning, search, seizure, arrest, or any of the other activity described insubdivisions (4) through (14) of subsection (a) of this section.
(d) Each lawenforcement officer making a stop covered by subdivision (1) of subsection (a)of this section shall be assigned an anonymous identification number by theofficer's employing agency. The anonymous identifying number shall be publicrecord and shall be reported to the Division to be correlated along with thedata collected under subsection (a) of this section. The correlation betweenthe identification numbers and the names of the officers shall not be a publicrecord, and shall not be disclosed by the agency except when required by orderof a court of competent jurisdiction to resolve a claim or defense properlybefore the court.
(d1) Any agency subjectto the requirements of this section shall submit information collected undersubsection (a) of this section to the Division within 60 days of the close ofeach month. Any agency that does not submit the information as required by thissubsection shall be ineligible to receive any law enforcement grants availableby or through the State until the information which is reasonably available issubmitted.
(e) The Division shallpublish and distribute by December 1 of each year a list indicating the lawenforcement officers that will be subject to the provisions of this sectionduring the calendar year commencing on the following January 1. (1939, c. 315, s. 2; 1955,c. 1257, ss. 1, 2; 1969, c. 1267, s. 1; 1995, c. 545, s. 2; 1999‑26, s.1; 1999‑225, s. 1; 2000‑67, s. 17.2(a); 2001‑424, s. 23.7(a);2002‑159, s. 18(a), (b); 2009‑544, s. 1.)
§ 114‑10.01. Collectionof traffic law enforcement statistics.
(a) In addition to theduties set forth in G.S. 114‑10, the Division of Criminal Statisticsshall collect, correlate, and maintain the following information regardingtraffic law enforcement by law enforcement officers:
(1) The number ofdrivers stopped for routine traffic enforcement by law enforcement officers,the officer making each stop, the date each stop was made, the agency of theofficer making each stop, and whether or not a citation or warning was issued.
(2) Identifyingcharacteristics of the drivers stopped, including the race or ethnicity,approximate age, and sex.
(3) The alleged trafficviolation that led to the stop.
(4) Whether a search wasinstituted as a result of the stop.
(5) Whether the vehicle,personal effects, driver, or passenger or passengers were searched, and therace or ethnicity, approximate age, and sex of each person searched.
(6) Whether the searchwas conducted pursuant to consent, probable cause, or reasonable suspicion tosuspect a crime, including the basis for the request for consent, or thecircumstances establishing probable cause or reasonable suspicion.
(7) Whether anycontraband was found and the type and amount of any such contraband.
(8) Whether any writtencitation or any oral or written warning was issued as a result of the stop.
(9) Whether an arrestwas made as a result of either the stop or the search.
(10) Whether any propertywas seized, with a description of that property.
(11) Whether the officersmaking the stop encountered any physical resistance from the driver orpassenger or passengers.
(12) Whether the officersmaking the stop engaged in the use of force against the driver, passenger, orpassengers for any reason.
(13) Whether any injuriesresulted from the stop.
(14) Whether thecircumstances surrounding the stop were the subject of any investigation, andthe results of that investigation.
(15) The geographiclocation of the stop; if the officer making the stop is a member of the StateHighway Patrol, the location shall be the Highway Patrol District in which thestop was made; for all other law enforcement officers, the location shall bethe city or county in which the stop was made.
(b) For purposes ofthis section, "law enforcement officer" means any of the following:
(1) All State lawenforcement officers.
(2) Law enforcementofficers employed by county sheriffs or county police departments.
(3) Law enforcementofficers employed by police departments in municipalities with a population of10,000 or more persons.
(4) Law enforcementofficers employed by police departments in municipalities employing five ormore full‑time sworn officers for every 1,000 in population, ascalculated by the Division for the calendar year in which the stop was made.
(c) The informationrequired by this section need not be collected in connection with impaireddriving checks under G.S. 20‑16.3A or other types of roadblocks, vehiclechecks, or checkpoints that are consistent with the laws of this State and withthe State and federal constitutions, except when those stops result in awarning, search, seizure, arrest, or any of the other activity described insubdivisions (4) through (14) of subsection (a) of this section.
(d) Each lawenforcement officer making a stop covered by subdivision (1) of subsection (a)of this section shall be assigned an anonymous identification number by theofficer's employing agency. The anonymous identifying number shall be publicrecord and shall be reported to the Division to be correlated along with thedata collected under subsection (a) of this section. The correlation betweenthe identification numbers and the names of the officers shall not be a publicrecord, and shall not be disclosed by the agency except when required by orderof a court of competent jurisdiction to resolve a claim or defense properlybefore the court.
(d1) Any agency subjectto the requirements of this section shall submit information collected undersubsection (a) of this section to the Division within 60 days of the close ofeach month. Any agency that does not submit the information as required by thissubsection shall be ineligible to receive any law enforcement grants availableby or through the State until the information which is reasonably available issubmitted.
(e) The Division shallpublish and distribute by December 1 of each year a list indicating the lawenforcement officers that will be subject to the provisions of this sectionduring the calendar year commencing on the following January 1. (1939, c. 315, s. 2; 1955,c. 1257, ss. 1, 2; 1969, c. 1267, s. 1; 1995, c. 545, s. 2; 1999‑26, s.1; 1999‑225, s. 1; 2000‑67, s. 17.2(a); 2001‑424, s. 23.7(a);2002‑159, s. 18(a), (b); 2009‑544, s. 1.)
