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IN HB1050
Bill
Status
1/3/2019
Primary Sponsor
Cherrish Pryor
Click for details
AI Summary
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Prohibits law enforcement agencies and officers from engaging in racial profiling or conducting pretextual stops, where racial profiling includes detention or disparate treatment based on age, sex, color, race, ethnicity, religion, national origin, gender identity, sexual orientation, immigration status, language, disability, or socioeconomic status
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Requires all law enforcement agencies to adopt detailed written policies by January 1, 2020, defining and prohibiting racial profiling and pretextual stops, and to collect comprehensive data on all pedestrian and vehicle stops including demographic information, location, duration, search details, and use of force
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Mandates cultural diversity awareness training for law enforcement officers that includes study of unlawful racial profiling and pretextual stops, and requires agencies to report complaint data and stop statistics monthly to the attorney general for annual reporting and third-party statistical analysis
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Establishes a 12-member racial profiling review commission to hear complaints, with subpoena power and authority to order respondents to cease unlawful practices, reimburse losses, and take other affirmative actions
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Permits individuals to bring civil actions for unlawful racial profiling or pretextual stops with potential awards of actual damages, punitive damages, declaratory and injunctive relief, plus attorney's fees and court costs, and authorizes law enforcement agencies to use federal funds for vehicle and body cameras
Legislative Description
Racial profiling and pretextual stops. Prohibits a law enforcement agency or a law enforcement officer from engaging in racial profiling or conducting pretextual stops. Requires a law enforcement agency to adopt a detailed policy that defines the elements of racial profiling and pretextual stops, and requires a law enforcement agency to collect certain data relating to stops made by law enforcement officers. Requires cultural diversity awareness training and training on unlawful racial profiling and pretextual stops for law enforcement officers. Specifies that a law enforcement agency shall transmit to the attorney general information concerning racial profiling complaints, investigations, and any action taken, as well as data collected relating to stops made by the law enforcement agency. Requires the attorney general to: (1) submit an annual report to the legislative council based on the information; (2) submit the data to a third party for statistical analysis; and (3) publish the results of the analysis on the attorney general's Internet web site. Establishes the racial profiling review commission to review complaints of unlawful racial profiling and unlawful pretextual stops. Permits a person to bring a civil action based on unlawful racial profiling and unlawful pretextual stops. Permits a law enforcement agency to use certain federal funds to purchase vehicle cameras and body cameras, and establishes training standards and standards for use. Makes a technical correction.
Last Action
Representatives Jackson and Smith, V. added as coauthors
1/24/2019