Bill Text: MS HB812 | 2023 | Regular Session | Introduced
Bill Title: Racial Profiling Prevention Act; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2023-01-31 - Died In Committee [HB812 Detail]
Download: Mississippi-2023-HB812-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary B
By: Representative Osborne
House Bill 812
AN ACT TO CREATE THE "RACIAL PROFILING PREVENTION ACT"; TO DEFINE CERTAIN TERMS; TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM ENGAGING IN RACIAL PROFILING; TO REQUIRE LAW ENFORCEMENT AGENCIES TO DEVELOP POLICIES PROHIBITING TRAFFIC STOPS MOTIVATED BY A MOTOR VEHICLE OPERATOR'S PERSONAL CHARACTERISTICS; TO REQUIRE LAW ENFORCEMENT AGENCIES TO COLLECT CERTAIN INFORMATION RELATING TO TRAFFIC STOPS AND TO SUBMIT COPIES OF COMPLAINTS ALLEGING RACIAL PROFILING TO THE LOCAL DISTRICT ATTORNEY; TO REQUIRE THE INFORMATION REGARDING TRAFFIC STOPS AND COMPLAINTS ALLEGING RACIAL PROFILING TO BE COMPILED INTO A REPORT FOR THE GOVERNOR AND LEGISLATURE BY THE ATTORNEY GENERAL; TO REQUIRE THE ATTORNEY GENERAL TO PREPARE FORMS FOR THE SUBMISSION OF THESE REPORTS FROM LAW ENFORCEMENT AGENCIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Racial Profiling Prevention Act."
SECTION 2. The following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Law enforcement agency" means the sheriff's office of any county, the police department of any municipality or town, or the Department of Public Safety.
(b) "Law enforcement officer" means a sworn officer of a law enforcement agency.
(c) "Racial profiling" means the detention, interdiction or other disparate treatment of an individual solely on the basis of their actual or perceived race, color, ethnicity, national origin, age, gender, religion, sexual orientation, gender identity or immigration status.
SECTION 3. (1) A law enforcement officer may not engage in racial profiling.
(2) Every law enforcement agency shall adopt a written policy that prohibits the stopping, detention or search of any person when the action is motivated solely by considerations of actual or perceived race, color, ethnicity, national origin, age, gender, religion, sexual orientation, gender identity or immigration status.
SECTION 4. (1) Every law enforcement agency shall record and retain the following information:
(a) The number of people stopped for traffic violations;
(b) Characteristics of race, color, ethnicity, gender, religion and age of anyone stopped for a traffic violation, if the identification of those characteristics is based on the observation and perception of the law enforcement officer responsible for reporting the stop; the information may not be required to be provided by the person stopped;
(c) The nature of the alleged traffic violation that resulted in the stop;
(d) The outcome of the stop, whether a warning or citation was issued, an arrest was made, or a search was conducted; and
(e) Any additional information that may be required by rules and regulations promulgated by the Attorney General.
(2) Every law enforcement agency shall transmit promptly to the District Attorney in the local jurisdiction:
(a) A copy of each complaint received which alleges racial profiling; and
(b) Written notification of the review and disposition of the complaint.
(3) Every law enforcement agency shall transmit to the Attorney General an annual report of the information recorded pursuant to this section, in such form as the Attorney General may prescribe. The Attorney General shall compile this information and report it to the Governor and the Legislature, including any observations or recommendations, before January 1 of each year.
(4) If a law enforcement agency fails to comply with this section, the Attorney General must order an appropriate penalty in the form of withholding state funds from the law enforcement agency.
SECTION 5. (1) Before October 1, 2023, the Attorney General shall develop and distribute the following two (2) forms:
(a) A form, in both printed and electronic format, to be used by law enforcement officers during a traffic stop to record personal information about the operator of the motor vehicle stopped, the location of the stop, the reason for the stop, and other information required by this act.
(b) A form, in both printed and electronic format, to be used to report complaints by people who believe they were subjected to a motor vehicle stop by a law enforcement officer solely on the basis of their actual or perceived race, color, ethnicity, national origin, age, gender or sexual orientation.
(2) If all the information required by this section is captured by a law enforcement agency's systems and transmitted to the Attorney General in a manner that the Attorney General deems appropriate, separate forms are not required to be used by that law enforcement agency.
SECTION 6. This act may not be interpreted to require state or local government officials to take any action that violates federal law. The provisions of this act are severable, and if any phrase, clause, sentence or provision is declared to be invalid or is preempted by federal law or regulation, the validity of the remainder of this act is not affected.
SECTION 7. This act shall take effect and be in force from and after July 1, 2023.
