Bill Text: AZ SB1071 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Racial profiling; prohibition; training
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-12 - Referred to Senate JUD Committee [SB1071 Detail]
Download: Arizona-2011-SB1071-Introduced.html
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REFERENCE TITLE: racial profiling; prohibition; training |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1071 |
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Introduced by Senator Schapira
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AN ACT
AMENDING TITLE 41, CHAPTER 9, Arizona Revised Statutes, BY ADDING ARTICLE 10; RELATING TO RACIAL PROFILING.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 9, Arizona Revised Statutes, is amended by adding article 10, to read:
ARTICLE 10. RACIAL PROFILING
41-1494. Definitions
In this article, unless the context otherwise requires:
1. "Law enforcement agency" means the department of public safety, a county sheriff's department, a police department of an incorporated city or town or any other agency that employs a peace officer.
2. "Peace officer" has the same meaning prescribed in section 1-215 and includes any other person who is certified as a peace officer by the Arizona peace officer standards and training board.
3. "Racial profiling" means the practice of a peace officer who relies to any degree on race, ethnicity, national origin or religion in selecting which individual to subject to routine investigatory activity or in deciding on the scope and substance of law enforcement activity following the initial routine investigatory activity. Racial profiling does not include reliance on those criteria in combination with other identifying factors if the peace officer seeks to apprehend a specific suspect whose race, ethnicity, national origin or religion is part of the description of the suspect and if the description is reliable and locally relevant.
41-1494.01. Racial profiling prohibited; searches prohibited; consent to search
A. A peace officer shall not engage in racial profiling.
B. A peace officer shall not detain an individual based on any noncriminal factor or combination of noncriminal factors.
41-1494.02. Data collection; format
A. Beginning January 1, 2012, each law enforcement agency shall collect the following information from each peace officer who stops a driver of a vehicle or a pedestrian:
1. The date, time and location of the stop.
2. The age, gender, race, national origin or ethnicity of the individual stopped.
3. The reason for the stop and the duration of the stop.
4. If a vehicle is stopped, the license plate number and state of the cyclist or vehicle stopped, and, in the case of a motor vehicle, the description of the motor vehicle including the make, model and color.
5. Whether a search was conducted as a result of the stop.
6. The basis for the search.
7. If the individual consented to the search, whether the individual was informed of the individual's right to refuse and whether the consent was written and signed by the individual.
8. The name of the person searched.
9. What property, if any, was searched and the scope of the search.
10. Whether any contraband or other property was discovered in the course of the search, the type of contraband discovered and whether contraband or other property was seized.
11. Whether any warning or citation was issued as a result of the stop.
12. If a warning or citation was issued, the violation charged or warning provided.
13. Whether an arrest was made as a result of either the stop or the search.
14. If an arrest was made, the crime charged.
15. The peace officer's name and identification or badge number.
B. The law enforcement agency shall collect the information using a format prescribed by the attorney general in consultation with law enforcement agencies.
C. Each law enforcement agency shall give the following to the attorney general:
1. Any complaints filed by motorists, pedestrians or cyclists who believed they were the subject of racial profiling.
2. Any other information deemed appropriate by the attorney general.
41-1494.03. Reports of attorney general; statistical analysis; determination of racial profiling
A. On or before January 1, 2013, and annually thereafter, each law enforcement agency shall provide to the attorney general a report of the information collected pursuant to section 41‑1494.02.
B. The attorney general shall determine the format that all law enforcement agencies shall use to submit the report.
C. The attorney general shall analyze the annual reports of law enforcement agencies and submit a report of the findings of the attorney general to the governor, the speaker of the house of representatives, the president of the senate and each law enforcement agency no later than June 1 of each year. The committee shall provide a copy of the report to the secretary of state.
D. The report of the attorney general shall include at least the following information for each law enforcement agency:
1. The total number of pedestrians, cyclists and vehicles stopped by peace officers during the previous calendar year.
2. The number and percentage of stopped motor vehicles that were driven by members of each particular minority group, the number and percentage of stopped cyclists according to each particular minority group and the number and percentage of stopped pedestrians according to each particular minority group.
3. A comparison of the percentage of pedestrians, cyclists and motorists who are members of minority groups in comparison to the percentage of the state's population, driving age population and owners of motor vehicles that each minority group comprises.
4. A compilation of the information reported by law enforcement agencies pursuant to paragraph 2 of this subsection.
E. The report required by this section shall include a multivariate analysis of the collected data according to general statistical standards. The report, findings and conclusions submitted pursuant to this section are public records.
F. The attorney general shall employ an organization, company, person or other entity with sufficient expertise in the field of statistics to assist with the implementation of this article. The organization, company, person or other entity so retained shall assist the attorney general with the design of the methodology for gathering statistics pursuant to this article, monitor compliance with this article and conduct a statistical analysis at the conclusion of each year to determine the extent to which racial profiling exists in this state.
G. Based on the analysis required by this section, the attorney general shall determine if any law enforcement agency has engaged in racial profiling and notify the agency in writing of such a determination. The attorney general shall prescribe a procedure by which the law enforcement agency may appeal such a determination.
41-1494.04. Training required for certain law enforcement agencies; course requirements
A. Beginning in the calendar year after a law enforcement agency has been informed that the agency has engaged in racial profiling pursuant to section 41‑1494.03, the law enforcement agency shall provide annual training that:
1. Emphasizes the prohibition against racial profiling for a recruit as well as an experienced peace officer.
2. Ensures that operating procedures adequately implement the prohibition against profiling and that its peace officers have copies of, understand and follow the procedures.
3. Includes comprehensive, scenario-based sessions that begin in the academy and continue with regular education and certification.
4. Includes foreign language instruction, if appropriate, to ensure communication with residents of a community.
5. Requires that supervisors and community officers actively participate in and undergo this training to ensure that they react appropriately to impermissible behavior during field evaluations or other reviews.
B. The course of instruction shall stress understanding and respect for racial, ethnic, national, religious and cultural differences and the development of effective, noncombative methods of carrying out law enforcement duties in predominantly minority and ethnic communities and recognize that not all actions by an individual are a sign of disrespect.
41-1494.05. Sanctions
If a law enforcement agency fails to comply with this article, at the next regular legislative session the legislature shall not appropriate any state monies that would be allocated or used by the noncompliant law enforcement agency.
