Bill Text: AZ SB1231 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Racial profiling; prohibition; reporting
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2016-01-25 - Referred to Senate JUD Committee [SB1231 Detail]
Download: Arizona-2016-SB1231-Introduced.html
|
REFERENCE TITLE: racial profiling; prohibition; reporting |
|
State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
|
|
SB 1231 |
|
|
|
Introduced by Senators Miranda, Meza; Representatives Espinoza, Fernandez: Senators Bradley, Contreras, Dalessandro, Hobbs, Pancrazi; Representative Velasquez
|
AN ACT
amending title 41, chapter 9, Arizona Revised Statutes, by adding article 10; relating to law enforcement.
(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. "Board" means the Arizona peace officer standards and training board.
2. "Law enforcement agency" means the department of public safety, a county sheriff's department, a police department of a city or town or any other agency that employs a peace officer.
3. "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.
4. "Racial profiling" means the detention, official restraint or other disparate treatment of an individual solely on the basis of the racial or ethnic status of the individual.
41-1494.01. Racial profiling prohibited
A. A peace officer may not engage in racial profiling.
B. A peace officer may not use the race or ethnicity of an individual as the sole factor either:
1. In determining the existence of probable cause to take into custody or arrest an individual.
2. Constituting a particularized suspicion that an offense has been or is being committed to justify the detention of an individual or the investigatory stop of a motor vehicle.
41-1494.02. Racial profiling prevention policy; records; immunity; mandatory reporting
A. The Arizona peace officer standards and training board may develop and distribute a suggested model written racial profiling prevention policy for use by law enforcement agencies the board may not mandate the adoption of the model policy except for any law enforcement agency that fails to timely develop and provide to the board a policy for that agency.
B. With respect to motor vehicle stops, beginning January 1, 2017, every peace officer shall record and retain the following information using the form that is developed and adopted by a law enforcement agency or The board:
1. The number of motor vehicle stops.
2. The characteristics of race or ethnicity of the person stopped. The identification of the characteristics shall be based on the observation and perception of the peace officer responsible for reporting the motor vehicle stop, and the person stopped is not required to provide the information.
3. If the stop is for a violation of law, the nature of the alleged violation that resulted in the motor vehicle stop.
4. Whether a warning or citation was issued, an arrest was made or a search was conducted as a result of the motor vehicle stop. For the purposes of this paragraph, search does not include a search incident to arrest or an inventory search.
5. Any additional information that the peace officer deems appropriate.
C. On or before October 1, 2017 and annually thereafter, each law enforcement agency in this state shall provide to the board, in a form prescribed by the board, a summary report of the information recorded pursuant to subsection B of this section.
D. The board may develop a uniform system for receiving allegations of racial profiling. Each law enforcement agency in this state shall provide to the board a copy of each allegation of racial profiling received and written notification of the review and disposition of the allegation. No information revealing the identity of the peace officer involved in the stop may be used, transmitted or disclosed in violation of any collective bargaining agreement provision or personnel rule under which the peace officer is employed. No information revealing the identity of the complainant may be used, transmitted or disclosed in the form alleging racial profiling.
E. Any peace officer who in good faith records information on a motor vehicle stop pursuant to this section is not liable in any civil action for the act of recording the information unless the peace officer's conduct was unreasonable, reckless or otherwise contrary to law.
F. the board, within the limits of its existing appropriations, including any grant monies that the board is awarded for such purpose, shall provide for an annual review and analysis of the prevalence and disposition of motor vehicle stops based on racial profiling and allegations of racial profiling involved in other detentions reported pursuant to this section. After the review and analysis, the board, when it deems warranted, may inquire into and study individual law enforcement agency circumstances in which the raw data collected and analyzed raises at least some issue or the appearance of possible racial profiling. The board may make recommendations to any law enforcement agency to improve measures to prevent racial profiling or the appearance of racial profiling. The board shall annually report to the Governor and the Legislature the results of any review, analysis, inquiry and study and any recommendations by the board to any law enforcement agency.
G. Unless restricted by privilege, any peace officer, prosecutor, defense attorney or probation officer who becomes aware of incidents of racial profiling by a law enforcement agency shall report the incidents to the board within thirty days after becoming aware of the incidents.
