Brief Description: Preventing the use of law enforcement profiling on the basis of whether a person is riding a motorcycle or wearing motorcycle-related paraphernalia.

Sponsors: Representatives Kirby, Orcutt, Mielke, Murray, Hinkle, Dunshee, Armstrong, Newhouse, Holmquist, Clements, Talcott, Condotta, Blake, Wood, Morrell, Kagi and Hudgins.

Hearing Date: 3/3/03

Staff: Jim Morishima (786-7191).

Background:

Profiling occurs when a law enforcement officer singles out a suspect with certain characteristics because the officer believes that the class of persons that exhibits the characteristics is more likely than others to commit crimes. With respect to profiling based on race, local law enforcement agencies must:

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

•    Review and audit their existing procedures, practices, and training to ensure that they do not enable or foster racial profiling;

•    Continue training to address the issues relating to racial profiling. Officers should be trained in how to better interact with persons they stop to prevent legitimate behavior from being misinterpreted as racial profiling;

•    Ensure that they have a citizen complaint process in place;

•    Work with minority groups to appropriately address racial profiling; and

•    Collect demographic data on traffic stops and analyze the data to ensure that racial profiling is not occurring.

The Washington Association of Sheriffs and Police Chiefs (WASPC) and the Criminal Justice Training Commission (CJTC) must 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.

Summary of Bill:

Local law enforcement agencies must:

•    Adopt a written policy designed to condemn and prevent motorcycle profiling;

•    Review and audit their existing procedures, practices, and training to ensure that they do not enable or foster the practice of motorcycle profiling;

•    Institute training to address the issues related to motorcycle profiling. Also, officers should be trained in how to better interact with persons they stop to prevent legitimate behavior from being misinterpreted as motorcycle profiling; and

•    Work with motorcycle groups in their communities to appropriately address the issue of motorcycle profiling.

The WASPC and the CJTC must ensure that issues related to motorcycle profiling are addressed in basic law enforcement training and offered in regional training for in-service law enforcement officers. "Motorcycle profiling" is defined as using the fact that a person rides a motorcycle or wears motorcycle-related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis under the United States Constitution or the Washington State Constitution.

Appropriation: None.

Fiscal Note: Preliminary fiscal note available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.