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REFERENCE TITLE: racial profiling prohibited |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1071 |
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Introduced by Senators Schapira: Gallardo
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AN ACT
AMENDING TITLE 41, CHAPTER 9, Arizona Revised Statutes, BY ADDING ARTICLE 10; RELATING TO RACIAL PROFILING.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 9, Arizona Revised Statutes, is amended by adding article 10, to read:
ARTICLE 10. RACIAL PROFILING
41-1494. Definitions
In this article, unless the context otherwise requires:
1. "Law enforcement agency" means the department of public safety, a county sheriff's department, a police department of an incorporated city or town or any other agency that employs a peace officer.
2. "Peace officer" has the same meaning prescribed in section 1-215 and includes any other person who is certified as a peace officer by the Arizona peace officer standards and training board.
3. "Racial profiling" means the practice of a peace officer who relies to any degree on race, ethnicity, national origin or religion in selecting which individual to subject to routine investigatory activity or in deciding on the scope and substance of law enforcement activity following the initial routine investigatory activity. Racial profiling does not include reliance on those criteria in combination with other identifying factors if the peace officer seeks to apprehend a specific suspect whose race, ethnicity, national origin or religion is part of the description of the suspect and if the description is reliable and locally relevant.
41-1494.01. Racial profiling prohibited
A. A peace officer shall not engage in racial profiling.
B. A peace officer shall not detain an individual based solely on any noncriminal factor or combination of noncriminal factors.
41-1494.02. Training; course requirements
A. The Arizona peace officer standards and training board shall require each peace officer to complete annual training that:
1. Emphasizes the prohibition against racial profiling for a recruit as well as an experienced peace officer.
2. Includes comprehensive, scenario-based sessions that begin in the academy and continue with regular education and certification.
B. The course of instruction shall stress understanding and respect for racial, ethnic, national, religious and cultural differences and the development of effective, noncombative methods of carrying out law enforcement duties in predominantly minority and ethnic communities and recognize that not all actions by an individual are a sign of disrespect.
C. Each law enforcement agency shall:
1. Ensure that operating procedures adequately implement the prohibition against profiling and that its peace officers have copies of, understand and follow the procedures.
2. Require that supervisors and community officers actively participate in and undergo this training to ensure that they react appropriately to impermissible behavior during field evaluations or other reviews.