[atlas:bill]

AN ACT Relating to reporting on issues pertaining to racial profiling; adding new sections to chapter 43.101 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The legislature recognizes that according to a 1999 Gallup Poll, a majority of Americans, black and white, believed that police actively engage in the practice of racial profiling. Eighty-one percent of those questioned said they disapprove of the practice.

(2) In A Resource Guide on Racial Profiling Data Collection Systems published by the United States department of justice in November 2000, "racial profiling" means any police-initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity. It is the intent of the legislature to make information on this practice available, in a usable format, to policymakers and law enforcement agencies.

(3) The legislature declares that racial profiling is the illegal use of race or ethnicity as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without a legal basis under the United States Constitution or Washington state Constitution.

(4) The legislature recognizes that the president of the United States has issued an executive order stating that stopping or searching individuals on the basis of race is not an effective law enforcement policy, that it is inconsistent with democratic ideals, especially the commitment to equal protection under the law for all persons, and that it is neither legitimate nor defensible as a strategy for public protection. The order also instructs the law enforcement agencies within the departments of justice, treasury, and interior to collect race, ethnicity, and gender data on the people they stop or arrest.

(5) The legislature finds that the Washington state patrol has been in the process of collecting data on traffic stops and analyzing the data to determine if the patrol has any areas in its enforcement of traffic laws where minorities are being treated in a discriminatory manner. The legislature further finds that the Washington association of sheriffs and police chiefs has recently passed a resolution condemning racial profiling and has reaffirmed local law enforcement agencies' commitment to ensuring the public safety and the protection of civil liberties for all persons. The association also restated its goal of implementing policing procedures that are fair, equitable, and constitutional.

NEW SECTION. Sec. 2. A new section is added to chapter 43.101 RCW to read as follows:

(1) Beginning July 1, 2002, all local law enforcement agencies in this state shall provide an annual report to the Washington association of sheriffs and police chiefs and the criminal justice training commission, on forms provided by the commission, including the following information:

(a) The number of individuals stopped for routine traffic enforcement, whether or not a citation or warning was issued;

(b) Identifying characteristics of the individual stopped, including the race or ethnicity, approximate age, and gender;

(d) Whether a search was instituted as a result of the stop;

(e) The legal basis for the search, including whether consent was obtained, whether a canine unit was alerted, and whether there was probable cause or reasonable suspicion to suspect a crime; and

(f) Whether an arrest was made, or a written citation issued, as a result of either the stop or the search.

(2) The criminal justice training commission, in cooperation with affected law enforcement agencies, shall compile the information required under subsection (1) of this section in a manner that is of value in guiding legislative policies, assisting the persons in charge of the apprehension, prosecution, and treatment of persons who are suspected of breaching the law, as well as benefiting crime and delinquency prevention efforts. The report shall include statistics which are comparable with national uniform criminal statistics published by federal bureaus or departments.

(3) Data acquired under this section shall not contain any information that may reveal the identity of any individual who is stopped.

(4) The information required under subsection (1) of this section shall be reported to the commission with codes used to identify areas of patrol within the jurisdiction of the local law enforcement agency. The coding system shall be known only by the reporting local law enforcement agency.

NEW SECTION. Sec. 3. A new section is added to chapter 43.101 RCW to read as follows:

(1) Local law enforcement agencies shall comply with the recommendations of the Washington association of sheriffs and police chiefs regarding racial profiling, as set forth under (a) through (f) of this subsection. Local law enforcement agencies shall:

(a) Adopt a written policy designed to condemn and prevent racial profiling;

(b) Review and audit their existing procedures, practices, and training to ensure that they do not enable or foster the practice of racial profiling;

(c) Continue training to address the issues related to racial profiling. Officers should be trained in how to better interact with persons they stop so that legitimate police actions are not misperceived as racial profiling;

(d) Ensure that they have in place a citizen complaint review process that can adequately address instances of racial profiling. The process must be accessible to citizens and must be fair. Officers found to be engaged in racial profiling must be held accountable through the appropriate disciplinary procedures within each department;

(e) Work with the minority groups in their community to appropriately address the issue of racial profiling; and

(f) Within fiscal constraints, collect demographic data on traffic stops and analyze that data to ensure that racial profiling is not occurring.

(2) The Washington association of sheriffs and police chiefs shall coordinate with the criminal justice training commission to ensure that issues related to racial profiling are addressed in basic law enforcement training and offered in regional training for in-service law enforcement officers at all levels.

(3) Local law enforcement agencies shall report all information required under this section to the Washington association of sheriffs and police chiefs.

NEW SECTION. Sec. 4. A new section is added to chapter 43.101 RCW to read as follows:

The Washington association of sheriffs and police chiefs, in cooperation with the criminal justice training commission, shall report to the legislature by December 31, 2001, and each December 31st thereafter, on the progress and accomplishments of each local law enforcement agency in the state in meeting the requirements and goals set forth in section 3 of this act.