SB 976
Modifies provisions relating to racial profiling in policing
LR Number:
Last Action:
3/1/2016 - Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2016

Current Bill Summary

SB 976 - This act creates definitions for "benchmark", "biased policing", "contraband", "disparity index", "hit rate", and "law enforcement activity" for purposes of a statute requiring the reporting of certain information regarding stops by law enforcement officers.

This act prohibits every member of a law enforcement agency, including any civilian employee or party contracted by the agency, from engaging in biased policing.

Under current law, law enforcement officers must report certain information regarding motor vehicle stops, which is then analyzed by the Attorney General and released in an annual report. This act requires law enforcement officers to also report certain information regarding pedestrian stops and modifies the information that must be reported by law enforcement officers. In addition, the agencies must update the data and publicize it on the agency's website on a monthly basis, maintain the data for not less than four years, and provide for the protection of the identities of the officers, drivers, passengers, and pedestrians involved in the reported data.

This act specifies that the Attorney General must analyze the annual reports from law enforcement agencies using best practices and include meaningful benchmarks against which to measure data. A list of suggested benchmark measures is provided. In addition, the list of information that the Attorney General must include in its annual report is expanded.

Current law requires law enforcement agencies to adopt a policy on race-based traffic stops that contains certain elements and provides that the Governor may withhold state funds from noncompliant agencies. This act requires each law enforcement agency to annually review the data collected by their officers and the Attorney General's annual report. The agency must determine whether the reports indicate disparities, and if they do, the agency must take certain actions. In addition, each agency must adopt internal policies that include certain provisions. The Governor must withhold state funds if the law enforcement agency does not report or submits incomplete reports.

This act requires each law enforcement agency to create a community and law enforcement partnership.

Under this act, the Peace Officers Standards and Training (POST) Commission must create and disseminate certain types of training for agencies and officers related to biased policing and require officers to participate in the training.

Any law enforcement agency that reports a stop or consent search disparity index for any minority group that is one standard deviation above the corresponding statewide indices for that same group for three consecutive years is subject to a review period for three years. During the review period, the agency must provide semi-annual reports to the Attorney General concerning stop information and a narrative describing the efforts of the agency to address racial disparities in stops and searches. If the agency's disparity indices remain one standard deviation or more above the statewide indices in the second year of review, the Attorney General must require changes in the agency's policies and practices. If the agency's disparity indices remain one standard deviation or more above the statewide indices in the third year of review, the POST Commission and the Attorney General must review the agency to determine whether the agency should be decertified.

Civil remedies are provided under this act for individuals subject to biased policing.

This act contains a severability clause.

This act is similar to SB 671 (2016), HB 1890 (2016), HB 2245 (2016), and HB 2273 (2016), and is identical to SB 559 (2015).