§ 31-21.2-7. Data collection and use.
(a) Data acquired under this chapter shall not be used in any civil proceeding to establish
or rebut an inference of discrimination except by court order or when otherwise admissible
in accordance with rules of civil procedure. It is understood that disparities may
or may not equate to racial profiling. All data collected pursuant to this chapter
shall be public. For those motor vehicle stops where a citation was issued or an arrest
was made, the forms prepared pursuant to § 31-21.2-6(b) of this chapter shall include a citation or arrest number for reference. The data
collection form shall not include the
Free access — add to your briefcase to read the full text and ask questions with AI
§ 31-21.2-7. Data collection and use.
(a) Data acquired under this chapter shall not be used in any civil proceeding to establish
or rebut an inference of discrimination except by court order or when otherwise admissible
in accordance with rules of civil procedure. It is understood that disparities may
or may not equate to racial profiling. All data collected pursuant to this chapter
shall be public. For those motor vehicle stops where a citation was issued or an arrest
was made, the forms prepared pursuant to § 31-21.2-6(b) of this chapter shall include a citation or arrest number for reference. The data
collection form shall not include the name or badge number of the officer completing
the form. The report from the department of transportation or its designee shall not
be officer specific.
(b) Any police officer who in good faith records traffic stop information pursuant to
the requirements of this chapter shall not be held civilly liable for the act of recording
the information unless the officer's conduct was reckless.
(c) All police departments shall submit to the office of highway safety of the department
of transportation, or its designee, on an annual basis beginning on July 15, 2016,
and for four (4) years following the conclusion of data collection, a report indicating
what action, if any, has been taken, to address any racial disparities in traffic
stops and/or searches documented in the studies authorized by §§ 31-21.1-4 and 31-21.2-6, and to otherwise implement any recommendations of those studies, including, but
not limited to, any changes to agency policies; revisions to traffic enforcement practices;
detailed analysis and review of traffic stop data and the results of such review;
or the initiation of any disciplinary action. Any reference to disciplinary action
shall not identify the officer. The office of highway safety of the department of
transportation or its designee shall issue guidelines for police departments to follow
in preparing these reports. The reports shall be public records and shall contain
a certification that the department has complied with § 31-21.2-6(j) and (k).
(d) Every twelve (12) months, each state and municipal law enforcement agency shall submit
to the office of highway safety of the Rhode Island department of transportation,
or its designee, on a brief form prepared by that office, or its designee, information
summarizing what, if any, actions were taken by the agency in response to any racial
disparities documented in the previous reports issued pursuant to § 31-21.2-6(i). The summary shall include, but not be limited to: any changes to agency policies;
revisions to traffic enforcement practices; detailed analysis and review of traffic
stop data and the results of such review; or the initiation of any disciplinary action.
Any references to disciplinary action shall not identify the officer. The forms shall
be public records, and shall contain a certification that the department has complied
with § 31-21.2-6(j) and (k).