Bill Summary for S 647 (2021-2022)
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View NCGA Bill Details | 2021 |
AN ACT TO REQUIRE LAW ENFORCEMENT AGENCIES TO DEVELOP POLICIES PROHIBITING THE USE OF RACIAL PROFILING IN TRAFFIC STOPS AND SEARCHES, TO REQUIRE THE SCHOOL OF GOVERNMENT AT THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL TO GATHER AND STUDY DATA REGARDING TRAFFIC STOPS, AND TO CREATE A TRAFFIC STOP ADVISORY BOARD.Intro. by Chaudhuri, Mohammed, Murdock.
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Bill summary
Enacts Article 2E, End Racial Profiling in Traffic Stops Act, to GS Chapter 20. Declares racial profiling to stop and search motorists against public policy and a violation of civil rights. Defines racial profiling as the detention, interdiction, or other disparate treatment of an individual on the basis, in whole or in part, of the perceived racial or ethnic status of the individual; excludes when the status is used in combination with other identifying factors in seeking to apprehend a specific suspect whose racial or ethnic status is part of the suspect's description. States the purpose of the act.
Directs all law enforcement agencies in the State to adopt a written policy that prohibits the stopping, detention, interdiction, or search of any person when the action is motivated in whole or in part by considerations of race, color, ethnicity, age, gender, or sexual orientation (protected status); excludes when when the status is used in combination with other identifying factors in seeking to apprehend a specific suspect whose protected status is part of the suspect's description.
Directs the UNC-Chapel Hill School of Government (SOG) to conduct an annual study of routine traffic stops made by NC State troopers, municipal police officers, and county sheriffs and deputies, including an analysis of data received from the entities upon request by SOG with 14 data points for each traffic stop conducted, at minimum. Directs SOG to perform an in-depth analysis of data from at least eight municipal police departments per year, prioritizing those that have the highest racial disparity in traffic stops. Requires SOG to develop and implement guidelines that can be used by law enforcement agencies to avoid the use of racial profiling in stops and searches based on the results of the required studies.
Establishes the 11-member Traffic Stop Advisory Board (Board) within the Office of Attorney General, using available resources, to advise SOG with respect to the annual reports and creation of standardized methods and guidelines for law enforcement agencies to avoid use of racial profiling in stops and searches. Provides for membership, with appointment by the NCGA, the Governor, and the Attorney General, as specified, and includes the President of the NC Association of Chiefs of Police.
Effective October 1, 2021.