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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
| 176H0191 |
HOUSE BILL
NO.
1292
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Introduced by:
Representatives Van Norman, Adelstein, Bradford, Burg, Davis, Flowers,
Glenski, Hanson (Gary), Hargens, Hundstad, Jensen, Klaudt, Lange, McCoy,
Murschel, Nachtigal, Olson (Mel), Peterson (Jim), Sigdestad, and Valandra
and Senators Volesky, de Hueck, Hagen, Koetzle, Koskan, McIntyre, Moore,
Putnam, Staggers, and Symens
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FOR AN ACT ENTITLED, An Act to
require certain statistics regarding traffic law
enforcement to be collected and maintained.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23-6 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23-6 be amended by adding thereto a NEW SECTION to read as follows:
The sheriffs, chiefs of police, marshals of the municipalities, and any other law enforcement
officers of the state shall collect the following information regarding traffic stops by law
enforcement officers according to the reporting system established by the Division of Criminal
Investigation, on forms furnished by the division, and shall forward the information to the
division for collection, correlation, and maintenance:
(1) The number of drivers stopped for routine traffic enforcement by law enforcement
officers and whether or not a citation or warning was issued;
(2) As perceived by the officer (without asking those he or she stops) any identifying
characteristics of the drivers stopped, including perceived race or ethnicity,
approximate age, and gender;
(3) The alleged traffic violation that led to the stop;
(4) Whether a search was instituted as a result of the stop;
(5) Whether the vehicle, driver, or any passenger, or the personal effects of the driver or
any passenger, were searched, and the approximate age and gender of each person
searched;
(6) Whether any contraband was found and the type and amount of any such contraband;
and
(7) Whether any citation or any oral or written warning was issued as a result of the stop.
The information required by this section need not be collected in connection with any
roadblock, vehicle check, or checkpoint permitted by the laws of this state, unless any of those
stops resulted in a warning, search, seizure, arrest, or any other activity described in subdivisions
(4) to (7), inclusive, of this section.
Any officer required by this section to collect and report traffic stop information, who fails
to take and report information required by this section, is guilty of a Class 2 misdemeanor.
Section 2. That chapter 23-6 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 23-6 be amended by adding thereto a NEW SECTION to read as follows:
The director shall collect, correlate, and maintain the information collected by local law
enforcement under section 1 of this Act.
Section 3. That chapter 23-6 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 23-6 be amended by adding thereto a NEW SECTION to read as follows:
The director shall promulgate, pursuant to chapter 1-26, uniform forms to be used in the
collection and reporting of traffic stop information collected by law enforcement officers under
section 1 of this Act. The director may promulgate, pursuant to chapter 1-26, regulations regarding the collection, correlation, maintenance, and reporting of traffic stop information required by this Act.
