Text of AL SB 192 (2012)

1 SB192 2 135189-1 3 By Senator Smitherman 4 RFD: Judiciary 5 First Read: 07-FEB-12 Page 0 1 135189-1:n:12/13/2011:DA/tan LRS2011-5865 2 3 4 5 6 7 8 SYNOPSIS: Existing law does not require the keeping 9 of statistics to determine if traffic stops are 10 being made solely on the basis of the racial or 11 ethnic status of persons. 12 This bill would define racial profiling and 13 would prohibit a law enforcement officer from 14 engaging in racial profiling. 15 This bill would require municipal police 16 departments and the Department of Public Safety to 17 adopt written policies to prohibit racial 18 profiling; would require the adoption of the forms 19 to be used for statistics of traffic stops; would 20 provide for complaints; and would require reports 21 to be filed in the Office of the Attorney General. 22 Amendment 621 of the Constitution of Alabama 23 of 1901, now appearing as Section 111.05 of the 24 Official Recompilation of the Constitution of 25 Alabama of 1901, as amended, prohibits a general 26 law whose purpose or effect would be to require a Page 1 1 new or increased expenditure of local funds from 2 becoming effective with regard to a local 3 governmental entity without enactment by a 2/3 vote 4 unless: it comes within one of a number of 5 specified exceptions; it is approved by the 6 affected entity; or the Legislature appropriates 7 funds, or provides a local source of revenue, to 8 the entity for the purpose. 9 The purpose or effect of this bill would be 10 to require a new or increased expenditure of local 11 funds within the meaning of the amendment. However, 12 the bill does not require approval of a local 13 governmental entity or enactment by a 2/3 vote to 14 become effective because it comes within one of the 15 specified exceptions contained in the amendment. 16 17 A BILL 18 TO BE ENTITLED 19 AN ACT 20 21 Relating to traffic stops; to prohibit a law 22 enforcement officer from engaging in racial profiling; to 23 require adoption of written policies and the forms to be used 24 for statistics of traffic stops; to provide for complaints; to 25 require reports to be filed in the Office of the Attorney 26 General; and in connection therewith would have as its purpose Page 2 1 or effect the requirement of a new or increased expenditure of 2 local funds within the meaning of Amendment 621 of the 3 Constitution of Alabama of 1901, now appearing as Section 4 111.05 of the Official Recompilation of the Constitution of 5 Alabama of 1901, as amended. 6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 7 Section 1. (a) For the purposes of this section, 8 "traffic stops based on racial profiling" shall mean the 9 detention, interdiction, or other disparate treatment of a 10 motorist solely on the basis of the racial or ethnic status of 11 the motorist. 12 (b) No member of the Department of Public Safety, a 13 municipal police department, or any other law enforcement 14 agency shall engage in traffic stops based on racial 15 profiling. The detention of an individual based on any 16 noncriminal factor or combination of noncriminal factors shall 17 be inconsistent with this policy. 18 (c) The race or ethnicity of a motorist shall not be 19 the sole factor in determining the existence of probable cause 20 to place in custody or to make an arrest of the motorist or in 21 constituting a reasonable and articulable suspicion that an 22 offense has been or is being committed to justify the 23 detention of the motorist or the investigatory stop of a motor 24 vehicle. 25 Section 2. (a) No later than January 1, 2014, each 26 municipal police department and the Department of Public Page 3 1 Safety shall adopt a written policy that prohibits the 2 stopping, detention, or search of any motorist when the action 3 is solely motivated by considerations of race, color, 4 ethnicity, age, gender, or sexual orientation, and the action 5 would constitute a violation of the civil rights of the 6 person. 7 (b) Commencing on January 1, 2014, each municipal 8 police department and the Department of Public Safety, using 9 the form developed and promulgated pursuant to Section 3, 10 shall record and retain all of the following information: 11 (1) The number of persons stopped for traffic 12 violations. 13 (2) Characteristics of race, color, ethnicity, 14 gender, and age of the persons, provided the identification of 15 the characteristics shall be based on the observation and 16 perception of the police officer responsible for reporting the 17 stop and the information shall not be required to be provided 18 by the person stopped. 19 (3) The nature of the alleged traffic violation that 20 resulted in the stop. 21 (4) Whether a warning or citation was issued, an 22 arrest made, or a search conducted as a result of the stop. 23 (5) Any additional information that the municipal 24 police department or the Department of Public Safety deems 25 appropriate. Page 4 1 (c) Each municipal police department and the 2 Department of Public Safety shall provide to the Office of the 3 Attorney General a copy of each complaint received of a 4 violation of this section, and written notification of the 5 review and disposition of the complaint. 6 (d) A police officer who in good faith records 7 traffic stop information pursuant to the requirements of this 8 section shall not be held civilly liable for the act of 9 recording the information unless the conduct of the officer 10 was unreasonable or reckless. 11 (e) If a municipal police department or the 12 Department of Public Safety fails to comply with this section, 13 the Attorney General may recommend and may order an 14 appropriate penalty in the form of the withholding of funds 15 from the municipal police department or withholding of funds 16 from the Department of Public Safety. 17 (f) On or before October 1, 2014, and annually 18 thereafter, each municipal police department and the 19 Department of Public Safety shall provide to the Attorney 20 General, in the form the Attorney General shall prescribe, a 21 summary report of the information recorded pursuant to 22 subsection (b). 23 (g) The Attorney General, within the limits of 24 existing appropriations, shall provide for a review of the 25 prevalence and disposition of traffic stops and complaints 26 reported pursuant to this section. No later than the fifth Page 5 1 legislative day in the 2014 Regular Session of the Legislature 2 of Alabama, the Attorney General shall report to the Governor 3 and the Legislature of Alabama the results of the review, 4 including any recommendations. 5 Section 3. No later than January 1, 2014, the 6 Attorney General, in conjunction with the Director of Public 7 Safety, the Administrative Office of Courts, and the Peace 8 Officers Standards and Training Commission shall develop and 9 promulgate: 10 (1) A form, in both printed and electronic format, 11 to be used by police officers when making a traffic stop to 12 record personal identifying information about the operator of 13 the motor vehicle that is stopped, the location of the stop, 14 the reason for the stop, and other information that is 15 required to be recorded pursuant to subsection (b) of Section 16 2. 17 (2) A form in both printed and electronic format, to 18 be used to report complaints pursuant to Section 2 by persons 19 who believe they have been subjected to a motor vehicle stop 20 by a police officer solely on the basis of their race, color, 21 ethnicity, age, gender, or sexual orientation. 22 Section 4. Although this bill would have as its 23 purpose or effect the requirement of a new or increased 24 expenditure of local funds, the bill is excluded from further 25 requirements and application under Amendment 621, now 26 appearing as Section 111.05 of the Official Recompilation of Page 6 1 the Constitution of Alabama of 1901, as amended, because the 2 Legislative Fiscal Office has determined the bill has an 3 aggregate fiscal impact of less than $50,000 annually. 4 Section 5. This act shall become effective on the 5 first day of the third month following its passage and 6 approval by the Governor, or its otherwise becoming law. Page 7