MODEL BILLS

Racial Profiling Prevention Act

Summary: The Racial Profiling Prevention Act protects citizens from discriminatory policing.

SECTION 1. SHORT TITLE

This Act shall be called the “Racial Profiling Prevention Act.”

SECTION 2. RACIAL PROFILING PREVENTION AND DATA COLLECTION

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS—In this section:

1. “Law enforcement agency” means the sheriff’s office of any county, the police department of any city or municipality, or the state police.

2. “Law enforcement officer” means a sworn officer of a law enforcement agency.

3. “Racial profiling” means the detention, interdiction or other disparate treatment of an individual solely on the basis of their actual or perceived race, color, ethnicity, national origin, age, gender, religion, sexual orientation, gender identity or immigration status.

(B) PROHIBITION AGAINST RACIAL PROFILING

1. No law enforcement officer shall engage in racial profiling.

2. Every law enforcement agency shall adopt a written policy that prohibits the stopping, detention, or search of any person when such action is solely motivated by considerations of actual or perceived race, color, ethnicity, national origin, age, gender, religion, sexual orientation, gender identity or immigration status.

(C) DATA COLLECTION AND TRANSMISSION

1. Every law enforcement agency shall record and retain the following information:

a. The number of people stopped for traffic violations.

b. Characteristics of race, color, ethnicity, gender, religion and age of anyone stopped for a traffic violation, 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.

c. The nature of the alleged traffic violation that resulted in the stop.

d. The outcome of a stop, be it a warning or citation issued, an arrest made, or a search conducted.

e. Any additional information that the [Attorney General] deems appropriate.

2. Every law enforcement agency shall promptly transmit to the local [State’s Attorney], or, in the case of the state police, to the Attorney General:

a. A copy of each complaint received that alleges racial profiling.

b. Written notification of the review and disposition of such complaint.

3. Every law enforcement agency shall transmit to the [Attorney General] an annual report of the information recorded pursuant to this section, in such a form as the [Attorney General] may prescribe. The [Attorney General] shall compile this information and report it to the governor and legislature, including any observations or recommendations.

4. If a law enforcement agency fails to comply with the provisions of this section, the [Attorney General] shall order an appropriate penalty in the form of withholding state funds from such law enforcement agency.

(D) REPORTING FORMS—The [Attorney General] shall develop and prescribe two forms:

1. A form, in both printed and electronic format, to be used by law enforcement officers during a traffic stop to record personal information about the operator of the motor vehicle stopped, the location of the stop, the reason for the stop, and other information that is required by this section.

2. A form, in both printed and electronic format, to be used to report complaints by people who believe they were subjected to a motor vehicle stop by a law enforcement officer solely on the basis of their actual or perceived race, color, ethnicity, national origin, age, gender, or sexual orientation.

3. If all the information required by this section is always captured by a law enforcement agency’s systems and transmitted to the [Attorney General] in a manner that the [Attorney General] deems appropriate, no separate forms are required to be used by that law enforcement agency.

SECTION 3. INTERPRETATION AND SEVERABILITY

Nothing in this Act shall be interpreted to require state or local government officials to take any action that violates federal law. Further, the provisions of this Act shall be severable, and if any phrase, clause, sentence, or provision is declared to be invalid or is preempted by federal law or regulation, the validity of the remainder of this Act shall not be affected.

SECTION 4. EFFECTIVE DATE

This Act shall take effect on July 1, 20XX. The forms described in section (D) shall be developed and distributed by October 1, 20XX. The collection and transmission of data described in section (C) shall begin when the [Attorney General] certifies that the process is in place, but no later than January 1, 20XX.