SB192 Alabama 2012 Session

Existing law does not require the keeping of statistics to determine if traffic stops are being made solely on the basis of the racial or ethnic status of persons

This bill would define racial profiling and would prohibit a law enforcement officer from engaging in racial profiling

This bill would require municipal police departments and the Department of Public Safety to adopt written policies to prohibit racial profiling; would require the adoption of the forms to be used for statistics of traffic stops; would provide for complaints; and would require reports to be filed in the Office of the Attorney General

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to traffic stops; to prohibit a law enforcement officer from engaging in racial profiling; to require adoption of written policies and the forms to be used for statistics of traffic stops; to provide for complaints; to require reports to be filed in the Office of the Attorney General; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.