ENGROSSED SENATE BILL 5852





                        57th Legislature

                      2002 Regular Session


Passed by the Senate January 18, 2002

  YEAS 48   NAYS 0




President of the Senate


Passed by the House March 5, 2002

  YEAS 80   NAYS 17



I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  ENGROSSED SENATE BILL 5852 as passed by the Senate and the House of Representatives on the dates hereon set forth.




Speaker of the

      House of Representatives









Approved Place Style On Codes above, and Style Off Codes below.  





Governor of the State of Washington

                   Secretary of State

                  State of Washington



                    ENGROSSED SENATE BILL 5852



             Passed Legislature - 2002 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By Senators Franklin, Kline, Costa and Kohl‑Welles


Read first time 02/06/2001.  Referred to Committee on Judiciary.

Reporting on issues pertaining to racial profiling. 

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




    NEW SECTION.  Sec. 1.  (1) 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.

    (2) 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.

    (3) 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) 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. 3.  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, 2002, 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 2 of this act.


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