SENATE BILL REPORT

                   SB 6683

              As Reported By Senate Committee On:

                  Judiciary, February 4, 2000

               Transportation, February 8, 2000

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

Brief Description:  Reporting information on routine traffic enforcement.

Sponsors:  Senators Franklin, Kline, Heavey, Thibaudeau and Costa.

Brief History:

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

Transportation:  2/8/2000 [DP2S].

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 Second Substitute Bill:  Beginning January 1, 2001, all law enforcement agencies in Washington are required to collect information concerning all routine traffic stops and provide a quarterly report to the Department of Licensing.  The information to be collected and reported includes the number of individuals stopped, the race or ethnicity, approximate age and gender of those stopped, the reason for the stop, whether the stop resulted in a search,  and whether there was an arrest or citation.

The Department of Licensing must provide an interim report to the Legislature by January 1, 2002 and a final report by July 1, 2003.  The law expires July 1, 2003.

The data acquired is to be used only for research and statistical purposes.

If specific funding for the purposes of this act is not provided by June 30, 2000, in the transportation budget, this act is null and void.

Second Substitute Compared to Substitute Bill:  A null and void clause is added.

Substitute Bill Compared to Original Bill:  The original bill was not considered.

Appropriation: None.

Fiscal Note:  Requested on January 25, 2000; requested for proposed substitute bill on February 1, 2000.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

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-Mur 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, Cory Thomas, Lawrence Norman, Seattle Human Rights Commission; 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.