Bill Text: GA SB325 | 2009-2010 | Regular Session | Introduced
Bill Title: Traffic; require policies that prohibit law enforcement officers from impermissibly using race in determining whether to stop a motorist
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2010-01-27 - Senate Read and Referred [SB325 Detail]
Download: Georgia-2009-SB325-Introduced.html
10 LC
34 2389
Senate
Bill 325
By:
Senators Butler of the 55th, Jones of the 10th, Sims of the 12th, Tate of the
38th, Seay of the 34th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating
to general provisions relative to motor vehicles and traffic, so as to require
policies that prohibit law enforcement officers from impermissibly using race or
ethnicity in determining whether to stop a motorist or pedestrian; to require
annual training of law enforcement officers on impermissible uses of race and
ethnicity in stopping motorists or pedestrians; to require law enforcement
officers to document the race, ethnicity, and gender of a motorist and
passengers or pedestrian; to provide for related matters; to provide for an
effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
1 of Title 40 of the Official Code of Georgia Annotated, relating to general
provisions relative to motor vehicles and traffic, is amended by adding a new
Code section to read as follows:
"40-1-8.
(a)
As used in this Code section, the term:
(1)
'Law enforcement officer' means any person who, in an official capacity, is
authorized by law to make arrests and who is an employee of a law enforcement
agency.
(2)
'Pedestrian stop' means an interaction between a law enforcement officer and an
individual on foot who is being detained for the purpose of a criminal
investigation in which the person is not under arrest.
(3)
'Racial profiling' means the practice of a law enforcement agent relying, to any
degree, on perceived or actual race, ethnicity, national origin, or religion in
selecting which individuals to subject to investigatory activities, or in
deciding upon the scope and substance of law enforcement activity following the
initial investigatory activity, except where such criteria are used in
combination with other identifying factors in seeking to apprehend a specific
suspect whose apparent race, ethnicity, or national origin is part of the
description of the suspect and said description is reliable and locally
relevant.
(4)
'Traffic stop' means any instance when a law enforcement officer stops the
driver of a motor vehicle and detains the driver for any period of time. For
the purposes of this Code section, a traffic stop does not include:
(A)
A stop of multiple vehicles due to a traffic accident, or emergency requiring
the stopping of vehicles for public safety purposes; or
(B)
A stop based solely on the use of radar, laser, or Vascar
technology.
(b)
No law enforcement officer shall engage in racial profiling by using a person's
perceived or actual race, ethnicity, national origin, or religion to form
probable cause or reasonable suspicion of illegal activity.
(c)
No law enforcement officer shall conduct a search in the absence of reasonable
suspicion, probable cause, or consent, where the individual is informed of the
right to refuse. Where consent is given, it must be in writing and signed by
the individual.
(d)
Each state and local law enforcement agency shall adopt a policy regarding
racial profiling that:
(1)
Prohibits racial profiling as defined in this Code section;
(2)
Requires that law enforcement officers articulate reasonable suspicion, probable
cause, or consent prior to a stop, frisk, arrest, search, or detention and
defines reasonable suspicion and probable cause to ensure that race, ethnicity,
national origin, or religion is not a basis for their
establishment;
(3)
Requires informing the individual stopped of the right to refuse a search where
there is no reasonable suspicion or probable cause, and where consent is given,
requires obtaining the consent in writing signed by the individual;
(4)
Requires law enforcement officers to identify themselves by full name and
jurisdiction and proffer written identification, such as a business
card;
(5)
Provides standards for the use of in-car audio and visual equipment, including
the requirement that all audio and videotapes be preserved for a minimum of 90
days;
(6)
Provides for appropriate disciplinary procedures for law enforcement officers
found to have engaged in racial profiling; and
(7)
Provides for appropriate disciplinary procedures for law enforcement supervisors
found to have encouraged or abetted racial profiling or otherwise permitted
it.
The
Attorney General shall take all necessary steps to ensure timely compliance with
the policy requirements contained in this subsection, including sanctions
against any law enforcement agency for failure to comply with the policy
requirements.
(e)
Each state and local law enforcement agency shall implement an annual training
program for all law enforcement officers and supervisors regarding racial
profiling that:
(1)
Emphasizes the prohibition against racial profiling as defined in this Code
section;
(2)
Ensures that operating procedures adequately implement the prohibition against
racial profiling and that law enforcement personnel have copies of, have
demonstrated (through testing or other measured means) understanding of, and are
following the procedures;
(3)
Includes comprehensive, scenario-based sessions that begin in the law
enforcement training academy and continue with regular continuing education and
certification;
(4)
Includes foreign language instruction where appropriate, to ensure communication
with residents of non-English-speaking communities; and
(5)
Stresses understanding and respect for racial and cultural differences and
development of effective, noncombative methods of carrying out law enforcement
duties in a racially and culturally diverse environment.
The
Attorney General shall take all necessary steps to ensure timely compliance with
the training requirements contained in this subsection, including sanctions
against any law enforcement agency for failure to comply.
(f)
Each time a law enforcement officer stops a motor vehicle or a pedestrian, that
officer shall document the following information:
(1)
The identification of the law enforcement officer, including name and
identification or badge number;
(2)
The agency employing the law enforcement officer;
(3)
The age, gender, race, and ethnicity of the individual subjected to the stop,
based on the observation or perception of the law enforcement
officer;
(4)
The date, time, duration, and location of the stop;
(5)
Whether the law enforcement officer requested information about the person's
immigration status or country of origin;
(6)
Whether the law enforcement officer examined a state-issued identification card
issued to the person, including the person's date of birth, state, and country
of residence, if available;
(7)
In the case of a traffic stop, the license plate number and state of
registration of the vehicle stopped, and the description of the vehicle,
including make, model, condition, and color;
(8)
The alleged violation that led to the stop;
(9)
In the case of a traffic stop, whether the law enforcement officer requested the
person to exit the vehicle;
(10)
Whether a search was conducted as a result of the stop;
(11)
Whether the search was conducted pursuant to consent, probable cause, or
reasonable suspicion to suspect a crime, including the basis for the request for
consent or the circumstances establishing probable cause or reasonable
suspicion;
(12)
In cases of consent searches, whether consent was given in writing by the
individual;
(13)
Whether passengers were present and, if so, the passengers' age, gender, race,
and ethnicity, based on the observation or perception of the law enforcement
officer;
(14)
Whether any person's, including the passengers', property or personal effects
were searched (vehicle or other), and the scope of the search;
(15)
Whether contraband was found, the type and approximate amount of contraband, and
whether contraband was seized;
(16)
Whether any citation or any oral or written warning was issued as a result of
the stop;
(17)
If a warning or citation was issued, the violation charged or warning
provided;
(18)
Whether an arrest was made as a result of either the stop or the
search;
(19)
If an arrest was made, the crime charged;
(20)
Whether the law enforcement officer making the stop encountered any physical
resistance, whether the officer engaged in the use of force, and whether
injuries resulted; and
(21)
Whether the circumstances surrounding the stop were the subject of any
investigation and the results of that investigation.
The
information gathered pursuant to this subsection shall be collected and reported
on an annual basis to the Attorney General using a format determined by the
Attorney General.
(g)
In addition to the information collected under subsection (f) of this Code
section, each law enforcement agency shall send to the Attorney General on a
monthly basis:
(1)
All of the forms collected that month regarding motorists or pedestrians who
were stopped;
(2)
Any complaints filed by motorists or pedestrians who believed they were the
subject of racial profiling; and
(3)
Any other information the Attorney General deems appropriate.
(h)
Law enforcement agencies and the Attorney General shall review the data required
to be collected under this Code section on an annual basis to determine whether
members of minority groups are disproportionately stopped, searched, warned, or
arrested, shall report findings to the public on an annual basis using a format
determined by the Attorney General, and shall take appropriate remedial
action.
(i)
The Attorney General shall take all necessary steps to ensure timely compliance
with the data collection and reporting requirements, including sanctions against
any law enforcement agency for failure to comply.
(j)
Each law enforcement agency shall provide to the Attorney General an annual
report of the information recorded under the provisions of this Code section.
The Attorney General shall determine the format that all law enforcement
agencies shall use to submit this report.
(k)
The Attorney General shall analyze the annual reports of law enforcement
agencies required under subsection (j) of this Code section and submit a report
of the findings to the Governor, the General Assembly, and each law enforcement
agency no later than January 1 of each year. The report of the Attorney General
shall include an analysis of the collected data in accordance with general
statistical standards. The report, findings, and conclusions submitted by the
Attorney General shall be deemed public records. The report shall include at
least the following information for each law enforcement agency:
(1)
The total number of vehicles and pedestrians stopped by law enforcement 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;
(3)
A comparison of the percentage of stopped motor vehicles driven by each minority
group and the percentage of the state's population, driving age population, and
owners of motor vehicles that each minority group comprises; and
(4)
A compilation of the information reported by law enforcement agencies pursuant
to this Code section.
(l)
The Attorney General shall establish independent procedures for receiving,
investigating, and responding meaningfully to complaints alleging racial
profiling by law enforcement officers. The Attorney General shall further
require each law enforcement agency to make available on its website the racial
profiling complaint filing procedures.
(m)
During the collection of data under this Code section, the information and forms
collected shall be public records if a citation was issued or an arrest was
made, and the information or forms shall include a citation or arrest number for
reference. All data collected pursuant to this Code section shall be made
public upon the completion of each year's study and the submission of the
Attorney General's report.
(n)
In addition to any penalties or sanctions implemented by the Attorney General,
if a law enforcement agency fails to comply with the provisions of this Code
section, the Governor shall withhold any state funds appropriated to the
noncompliant law enforcement agency.
(o)
Nothing in this Code section shall be construed to alter the requirements for
determining probable cause or reasonable suspicion under the Constitution of the
United States or the Constitution of the State of
Georgia."
SECTION
2.
This
Act shall become effective on July 1, 2010, and apply to all stops of
pedestrians or motorists on or after January 1, 2011.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.