_______________________________________________
ENGROSSED
SENATE BILL 5852
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Passed
Legislature - 2002 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
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.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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.
Passed the Senate January 18, 2002.
Passed the House March 5, 2002.
Approved by the Governor
March 12, 2002.
Filed
in Office of Secretary of State March 12, 2002.
