Text of AL SB 179 (2006)

Page 0 SB179 1 79043-1 2 By Senator Smitherman 3 RFD: Judiciary 4 First Read: 10-JAN-06 5 Page 1 79043-1:n:12/15/2005:DA/tan LRS2005-4671 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 prohibits a general law whose purpose or 23 effect would be to require a new or increased 24 expenditure of local funds from becoming effective 25 with regard to a local governmental entity without 26 enactment by a 2/3 vote unless: it comes within one 27 Page 2 of a number of specified exceptions; it is approved 1 by the affected entity; or the Legislature 2 appropriates funds, or provides a local source of 3 revenue, to the entity for the purpose. 4 The purpose or effect of this bill would be 5 to require a new or increased expenditure of local 6 funds within the meaning of Amendment 621. However, 7 the bill does not require approval of a local 8 governmental entity or enactment by a 2/3 vote to 9 become effective because it comes within one of the 10 specified exceptions contained in Amendment 621. 11 12 A BILL 13 TO BE ENTITLED 14 AN ACT 15 16 Relating to traffic stops; to prohibit a law 17 enforcement officer from engaging in racial profiling; to 18 require adoption of written policies and the forms to be used 19 for statistics of traffic stops; to provide for complaints; to 20 require reports to be filed in the Office of the Attorney 21 General; and in connection therewith would have as its purpose 22 or effect the requirement of a new or increased expenditure of 23 local funds within the meaning of Amendment 621 of the 24 Constitution of Alabama of 1901. 25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 26 Page 3 Section 1. (a) For the purposes of this section, 1 "traffic stops based on racial profiling" shall mean the 2 detention, interdiction, or other disparate treatment of a 3 motorist solely on the basis of the racial or ethnic status of 4 the motorist. 5 (b) No member of the Department of Public Safety, a 6 municipal police department, or any other law enforcement 7 agency shall engage in traffic stops based on racial 8 profiling. The detention of an individual based on any 9 noncriminal factor or combination of noncriminal factors shall 10 be inconsistent with this policy. 11 (c) The race or ethnicity of a motorist shall not be 12 the sole factor in determining the existence of probable cause 13 to place in custody or to make an arrest of the motorist or in 14 constituting a reasonable and articulable suspicion that an 15 offense has been or is being committed to justify the 16 detention of the motorist or the investigatory stop of a motor 17 vehicle. 18 Section 2. (a) No later than January 1, 2006, each 19 municipal police department and the Department of Public 20 Safety shall adopt a written policy that prohibits the 21 stopping, detention, or search of any motorist when the action 22 is solely motivated by considerations of race, color, 23 ethnicity, age, gender, or sexual orientation, and the action 24 would constitute a violation of the civil rights of the 25 person. 26 Page 4 (b) Commencing on January 1, 2006, each municipal 1 police department and the Department of Public Safety, using 2 the form developed and promulgated pursuant to Section 3, 3 shall record and retain all of the following information: 4 (1) The number of persons stopped for traffic 5 violations. 6 (2) Characteristics of race, color, ethnicity, 7 gender, and age of the persons, provided the identification of 8 the characteristics shall be based on the observation and 9 perception of the police officer responsible for reporting the 10 stop and the information shall not be required to be provided 11 by the person stopped. 12 (3) The nature of the alleged traffic violation that 13 resulted in the stop. 14 (4) Whether a warning or citation was issued, an 15 arrest made, or a search conducted as a result of the stop. 16 (5) Any additional information that the municipal 17 police department or the Department of Public Safety deems 18 appropriate. 19 (c) Each municipal police department and the 20 Department of Public Safety shall provide to the Office of the 21 Attorney General a copy of each complaint received of a 22 violation of this section, and written notification of the 23 review and disposition of the complaint. 24 (d) A police officer who in good faith records 25 traffic stop information pursuant to the requirements of this 26 section shall not be held civilly liable for the act of 27 Page 5 recording the information unless the conduct of the officer 1 was unreasonable or reckless. 2 (e) If a municipal police department or the 3 Department of Public Safety fails to comply with this section, 4 the Attorney General may recommend and may order an 5 appropriate penalty in the form of the withholding of funds 6 from the municipal police department or withholding of funds 7 from the Department of Public Safety. 8 (f) On or before October 1, 2006, and annually 9 thereafter, each municipal police department and the 10 Department of Public Safety shall provide to the Attorney 11 General, in the form the Attorney General shall prescribe, a 12 summary report of the information recorded pursuant to 13 subsection (b). 14 (g) The Attorney General, within the limits of 15 existing appropriations, shall provide for a review of the 16 prevalence and disposition of traffic stops and complaints 17 reported pursuant to this section. No later than the fifth 18 legislative day in the 2007 Regular Session of the Legislature 19 of Alabama, the Attorney General shall report to the Governor 20 and the Legislature of Alabama the results of the review, 21 including any recommendations. 22 Section 3. No later than January 1, 2006, the 23 Attorney General, in conjunction with the Director of Public 24 Safety, the Administrative Office of Courts, and the Peace 25 Officers Standards and Training Commission shall develop and 26 promulgate: 27 Page 6 (1) A form, in both printed and electronic format, 1 to be used by police officers when making a traffic stop to 2 record personal identifying information about the operator of 3 the motor vehicle that is stopped, the location of the stop, 4 the reason for the stop, and other information that is 5 required to be recorded pursuant to subsection (b) of Section 6 2. 7 (2) A form in both printed and electronic format, to 8 be used to report complaints pursuant to Section 2 by persons 9 who believe they have been subjected to a motor vehicle stop 10 by a police officer solely on the basis of their race, color, 11 ethnicity, age, gender, or sexual orientation. 12 Section 4. Although this bill would have as its 13 purpose or effect the requirement of a new or increased 14 expenditure of local funds, the bill is excluded from further 15 requirements and application under Amendment 621 because the 16 Legislative Fiscal Office has determined the bill has an 17 aggregate fiscal impact of less than $50,000 annually. 18 Section 5. This act shall become effective on the 19 first day of the third month following its passage and 20 approval by the Governor, or its otherwise becoming law. 21