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HB 0149 - Law enforcement officers; stop motorists; race or ethnicity; prohibit

Tracking Level: Monitor
Sponsor: Brooks,Tyrone 63rd
Last Action: 1/26/2007 - House Second Readers
House Committee: JudyNC
Assigned To:
08. Probate CourtsNext Bill
10. Municipal CourtsNext Bill
Traffic LawNext Bill

Staff Analysis of the Legislation

Amend Chapter 1 of Title 40. Adds a new code section, 40-1-8.  Law enforcement officers shall not use a person�s race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person�s race or ethnicity to confirm previously obtained description of a suspect.  Each state and local agency shall adopt a policy and implement an annual training program regarding racial profiling.  Except in instances where a vehicle is stopped in a fixed road block, each time an officer stops a car to issue a citation the officer shall document the gender of the driver, race/ethnicity of the driver, suspected violation, whether anything or anyone was searched, whether a search was conducted pursuant to consent, probable cause, or reasonable suspicion, if contraband was found (type and amount), location, and whether any arrest, citation, or warning was issued.  If an officer stops a car and no citation or warning is issued, the officer shall provide the motorist with a card showing the officer�s information.


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