SB 91 - Prohibits Racial Profiling - Alabama Key Vote

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Title: Prohibits Racial Profiling

Vote Smart's Synopsis:

Vote to pass a bill that prohibits racial profiling.

Highlights:

 

  • Defines "traffic stops based on racial profiling" as the detention, interdiction, or other disparate treatment of a motorist solely on the basis of the racial or ethnic status of the motorist (Sec. 1.a).

  • Prohibits an employee of the Alabama State Law Enforcement Agency, a county or municipal police department, or any other law enforcement agency shall engage in traffic stops based on racial profiling. The detention of an individual based on any noncriminal factor or combination of noncriminal factors shall be inconsistent with this policy (Sec. 1.b).

  • Requires each county and municipal police department and the Alabama State Law Enforcement Agency to adopt a written policy that prohibits the stopping, detention, or search of any motorist when the action is solely motivated by considerations of race, color, ethnicity, age, gender, or sexual orientation, and the action would constitute a violation of the civil rights of the motorist (Sec. 2.a).

  • Requires each county and municipal police department and the Alabama State Law Enforcement Agency to record and retain all of the following information (Sec. 2.b):

    • The number of persons stopped for traffic violations;

    • Characteristics of race, color, ethnicity, gender, and age of the motorist and the law enforcement officer;

    • The nature of the alleged traffic violation that resulted in the stop; and

    • Whether a warning or citation was issued, an arrest made, or a search conducted as a result of the stop.

  • Specifies if a county or municipal police department or the Alabama State Law Enforcement Agency fails to comply, the Attorney General may recommend and may order an appropriate penalty in the form of the withholding of funds from these organizations until they complete appropriate training regarding racial profiling (Sec. 2.e).

  • Requires the Attorney General, in conjunction with the Secretary of the Alabama State Law Enforcement Agency, the Administrative Office of Courts, and the Peace Officers' Standards and Training Commission to develop and adopt both of the following (Sec. 3):

    • A form to be used by a law enforcement officer when making a traffic stop to record personal identifying information about the motorist who is stopped and the personal identifying information about the law enforcement officer, the location of the stop, the reason for the stop, and other necessary information; and

    • A form for individuals who believe that they have been subjected to a motor vehicle stop by a law enforcement officer solely on the basis of their race, color, ethnicity, age, gender, or sexual orientation.

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