SENATE BILL REPORT

                 E2SSB 6683

              As Passed Senate, February 15, 2000

Title:  An act relating to reporting information on routine traffic enforcement.

Brief Description:  Reporting information on routine traffic enforcement.

Sponsors:  Senate Committee on Transportation (originally sponsored by Senators Franklin, Kline, Heavey, Thibaudeau and Costa).

Brief History:

Committee Activity:  Judiciary:  2/2/2000, 2/4/2000 [DPS]

Transportation:  2/8/2000 [DP2S].

Passed Senate, 2/15/2000, 45-2.

SENATE COMMITTEE ON JUDICIARY

Majority Report:  That Substitute Senate Bill No. 6683 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Hargrove, Haugen, Long, McCaslin, Roach and Thibaudeau.

Staff:  Karen Lundahl (786-7421)

SENATE COMMITTEE ON TRANSPORTATION

Majority Report:  That Second Substitute Senate Bill No. 6683 be substituted therefor, and the second substitute bill do pass.

  Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Costa, Eide, Heavey, Horn, Jacobsen, Prentice, Shin and Swecker.

Staff:  Michelle Chase (786-7305)

Background:  There has been recent concern about the possibility of "racial profiling" or the practice of targeting certain racial groups for traffic stops.  While some local law enforcement agencies have collected some data on the issue, and the Washington State Patrol has recently begun collecting information, no comprehensive study of the problem has been done to determine whether the practice is widespread in Washington.

Summary of Bill:  Beginning May 1, 2001, the Washington State Patrol must collect data on all traffic stops.  The data collected includes total number of stops, reason for each stop, race or ethnicity, age, and gender of individuals stopped, whether there was a search, and whether there was an arrest or citation issued.  A report on this data must be made to the Legislature by December 1, 2000.

The State Patrol must cooperate with the Washington Association of Sheriffs and Police Chiefs to develop further criteria for use and evaluation of racial profiling data and training for officers.  A report must be made to the Legislature by December 1, 2000, concerning voluntary cooperation by local law enforcement agencies.

There is an emergency clause that makes the bill effective prior to May 1, 2000.

Appropriation:  None.

Fiscal Note:  Requested on February 14, 2000.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For (Judiciary):  There are many reports of racial profiling and a perception that it is widespread.  This creates a distrust of law enforcement, which carries over to the court system as well.  The proposed collection of data will help to see if we really have a problem so we can address it.  Data collected must include information concerning searches, and should be identified as to each individual police officer to provide accountability.  All law enforcement agencies regardless of size must be included to give a true picture.  Unfair targeting of young black males has a devastating impact on their lives.

Testimony Against (Judiciary):  None.

Testified (Judiciary):  PRO:  Dan LaRoche, Douglas County Sheriff, WASPC; Jerry Sheehan, ACLU; Dr. Ebrahim Minjalidi, Sea-Mar Community Health Center; Oscar Eason, Jr. NAACP; Annette Sandberg, Chief, WSP; Hayward Evans, Central Area Motivation Program; Addie Marie Jones; Leo Hamaji, Defender Association; Don Alexander, Diane Turk, Seattle Human Rights Commission; Cory Thomas, Lawrence Norman, Thomas Dixon, Tacoma Urban League; Dr. Shirl Gilbert, Tacoma Empowerment Consortium; James T. Watson; Tony Orange, Commission on African-American Affairs; Perry Dyer; Alton McDonald.

Testimony For With Concerns (Transportation):  This legislation is valuable and necessary.  The Washington State Patrol can collect this information at minimal to no cost and is already collecting four of the five data points involved.  Racial profiling must be dealt with; allowing it to continue will result in hard to quantify costs to individuals and society, as well as continuing legal costs.  The intangible costs and the legal costs are not considered in the draft fiscal notes.  The draft local government fiscal note appears to be extraordinarily high and should be reexamined.

Testimony Against (Transportation):  None.

Testified (Transportation):  PRO:  Senator Franklin, prime sponsor; Chief Annette Sandberg, WA State Patrol (concerns); Larry Erickson, WA Assn. of Sheriffs and Police Chiefs (concerns); Thomas Dixon, Tacoma Urban League; Dr. Shirl E. Gilbert, Tacoma Empowerment Zone; Hayward Evans, Central Area Motivation Program; Oscar Eason, Jr., NAACP; Lawrence Norman, Hilltop Community Services; Corey Thomas.