Text of AL SB 136 (2008)

Page 0 SB136 1 88487-4 2 By Senator Smitherman 3 RFD: Judiciary 4 First Read: 05-FEB-08 5 Page 1 88487-4:n:01/10/2008:DA/th LRS2007-998R1 1 2 3 4 5 6 7 SYNOPSIS: Existing law does not require the keeping 8 of statistics to determine if traffic stops are 9 being made solely on the basis of the racial or 10 ethnic status of persons. 11 This bill would define racial profiling and 12 would prohibit a law enforcement officer from 13 engaging in racial profiling. 14 This bill would require municipal police 15 departments and the Department of Public Safety to 16 adopt written policies to prohibit racial 17 profiling; would require the adoption of the forms 18 to be used for statistics of traffic stops; would 19 provide for complaints; and would require reports 20 to be filed in the Office of the Attorney General. 21 Amendment 621 of the Constitution of Alabama 22 of 1901, now appearing as Section 111.05 of the 23 Official Recompilation of the Constitution of 24 Alabama of 1901, as amended, prohibits a general 25 law whose purpose or effect would be to require a 26 new or increased expenditure of local funds from 27 Page 2 becoming effective with regard to a local 1 governmental entity without enactment by a 2/3 vote 2 unless: it comes within one of a number of 3 specified exceptions; it is approved by the 4 affected entity; or the Legislature appropriates 5 funds, or provides a local source of revenue, to 6 the entity for the purpose. 7 The purpose or effect of this bill would be 8 to require a new or increased expenditure of local 9 funds within the meaning of the amendment. However, 10 the bill does not require approval of a local 11 governmental entity or enactment by a 2/3 vote to 12 become effective because it comes within one of the 13 specified exceptions contained in the amendment. 14 15 A BILL 16 TO BE ENTITLED 17 AN ACT 18 19 Relating to traffic stops; to prohibit a law 20 enforcement officer from engaging in racial profiling; to 21 require adoption of written policies and the forms to be used 22 for statistics of traffic stops; to provide for complaints; to 23 require reports to be filed in the Office of the Attorney 24 General; and in connection therewith would have as its purpose 25 or effect the requirement of a new or increased expenditure of 26 local funds within the meaning of Amendment 621 of the 27 Page 3 Constitution of Alabama of 1901, now appearing as Section 1 111.05 of the Official Recompilation of the Constitution of 2 Alabama of 1901, as amended. 3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 4 Section 1. (a) For the purposes of this section, 5 "traffic stops based on racial profiling" shall mean the 6 detention, interdiction, or other disparate treatment of a 7 motorist solely on the basis of the racial or ethnic status of 8 the motorist. 9 (b) No member of the Department of Public Safety, a 10 municipal police department, or any other law enforcement 11 agency shall engage in traffic stops based on racial 12 profiling. The detention of an individual based on any 13 noncriminal factor or combination of noncriminal factors shall 14 be inconsistent with this policy. 15 (c) The race or ethnicity of a motorist shall not be 16 the sole factor in determining the existence of probable cause 17 to place in custody or to make an arrest of the motorist or in 18 constituting a reasonable and articulable suspicion that an 19 offense has been or is being committed to justify the 20 detention of the motorist or the investigatory stop of a motor 21 vehicle. 22 Section 2. (a) No later than January 1, 2009, each 23 municipal police department and the Department of Public 24 Safety shall adopt a written policy that prohibits the 25 stopping, detention, or search of any motorist when the action 26 is solely motivated by considerations of race, color, 27 Page 4 ethnicity, age, gender, or sexual orientation, and the action 1 would constitute a violation of the civil rights of the 2 person. 3 (b) Commencing on January 1, 2009, each municipal 4 police department and the Department of Public Safety, using 5 the form developed and promulgated pursuant to Section 3, 6 shall record and retain all of the following information: 7 (1) The number of persons stopped for traffic 8 violations. 9 (2) Characteristics of race, color, ethnicity, 10 gender, and age of the persons, provided the identification of 11 the characteristics shall be based on the observation and 12 perception of the police officer responsible for reporting the 13 stop and the information shall not be required to be provided 14 by the person stopped. 15 (3) The nature of the alleged traffic violation that 16 resulted in the stop. 17 (4) Whether a warning or citation was issued, an 18 arrest made, or a search conducted as a result of the stop. 19 (5) Any additional information that the municipal 20 police department or the Department of Public Safety deems 21 appropriate. 22 (c) Each municipal police department and the 23 Department of Public Safety shall provide to the Office of the 24 Attorney General a copy of each complaint received of a 25 violation of this section, and written notification of the 26 review and disposition of the complaint. 27 Page 5 (d) A police officer who in good faith records 1 traffic stop information pursuant to the requirements of this 2 section shall not be held civilly liable for the act of 3 recording the information unless the conduct of the officer 4 was unreasonable or reckless. 5 (e) If a municipal police department or the 6 Department of Public Safety fails to comply with this section, 7 the Attorney General may recommend and may order an 8 appropriate penalty in the form of the withholding of funds 9 from the municipal police department or withholding of funds 10 from the Department of Public Safety. 11 (f) On or before October 1, 2009, and annually 12 thereafter, each municipal police department and the 13 Department of Public Safety shall provide to the Attorney 14 General, in the form the Attorney General shall prescribe, a 15 summary report of the information recorded pursuant to 16 subsection (b). 17 (g) The Attorney General, within the limits of 18 existing appropriations, shall provide for a review of the 19 prevalence and disposition of traffic stops and complaints 20 reported pursuant to this section. No later than the fifth 21 legislative day in the 2009 Regular Session of the Legislature 22 of Alabama, the Attorney General shall report to the Governor 23 and the Legislature of Alabama the results of the review, 24 including any recommendations. 25 Section 3. No later than January 1, 2009, the 26 Attorney General, in conjunction with the Director of Public 27 Page 6 Safety, the Administrative Office of Courts, and the Peace 1 Officers Standards and Training Commission shall develop and 2 promulgate: 3 (1) A form, in both printed and electronic format, 4 to be used by police officers when making a traffic stop to 5 record personal identifying information about the operator of 6 the motor vehicle that is stopped, the location of the stop, 7 the reason for the stop, and other information that is 8 required to be recorded pursuant to subsection (b) of Section 9 2. 10 (2) A form in both printed and electronic format, to 11 be used to report complaints pursuant to Section 2 by persons 12 who believe they have been subjected to a motor vehicle stop 13 by a police officer solely on the basis of their race, color, 14 ethnicity, age, gender, or sexual orientation. 15 Section 4. Although this bill would have as its 16 purpose or effect the requirement of a new or increased 17 expenditure of local funds, the bill is excluded from further 18 requirements and application under Amendment 621, now 19 appearing as Section 111.05 of the Official Recompilation of 20 the Constitution of Alabama of 1901, as amended, because the 21 Legislative Fiscal Office has determined the bill has an 22 aggregate fiscal impact of less than $50,000 annually. 23 Section 5. This act shall become effective on the 24 first day of the third month following its passage and 25 approval by the Governor, or its otherwise becoming law. 26