SENATE BILL NO. 282
INTRODUCED BY SMITH, CAFERRO, COCCHIARELLA, COHENOUR, ELLINGSON, GILLAN, HANSEN, KITZENBERG, MANGAN, PEASE, ROUSH, SCHMIDT, SMALL-EASTMAN, TESTER, TOOLE, TROPILA, WILLIAMS, WINDY BOY
AN ACT REVISING THE LAW PROHIBITING RACIAL PROFILING; REQUIRING WRITTEN POLICIES AND COMPLAINT PROCEDURES; REQUIRING TRAINING FOR LAW ENFORCEMENT OFFICERS; AND AMENDING SECTION 44-2-117, MCA.
AN ACT REVISING THE LAW PROHIBITING RACIAL PROFILING; REQUIRING WRITTEN POLICIES AND COMPLAINT PROCEDURES; REQUIRING TRAINING FOR LAW ENFORCEMENT OFFICERS; AND AMENDING SECTION 44-2-117, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 44-2-117, MCA, is amended to read:
"44-2-117. Racial profiling prohibited -- definitions -- policies -- complaints -- training. (1) A peace officer may not engage in racial profiling.
(2) The race or ethnicity of an individual may not be the sole factor in:
(a) determining the existence of probable cause to take into custody or arrest an individual; or
(b) constituting a particularized suspicion that an offense has been or is being committed in order to justify the detention of an individual or the investigatory stop of a motor vehicle.
(3) (a) Each municipal, county, consolidated local government, and state law enforcement agency shall adopt a detailed written policy that clearly defines the elements constituting racial profiling. Each agency's policy must prohibit racial profiling, require that all stops are lawful under 46-5-401, and require that all stops are documented according to the agency's standard policies and procedures.
(b) The policy must include a procedure that the law enforcement agency will use to address written complaints concerning racial profiling. The complaint procedure must require that:
(i) all written complaints concerning racial profiling be promptly reviewed;
(ii) a person is designated who shall review all written complaints of racial profiling;
(iii) the designated person shall, within 10 days of receipt of a written complaint, acknowledge receipt of the complaint in writing; and
(iv) after a review is completed, the designated person shall, in writing, inform the person who submitted the written complaint and the head of the agency of the results of the review.
(c) The policy must be available for public inspection during normal business hours.
(4) Each municipal, county, consolidated local government, and state law enforcement agency shall require for all of its peace officers cultural awareness training and training in racial profiling. The training program must be certified by the peace officers' standards and training advisory council.
(4)(5) If an investigation of a complaint of racial profiling reveals that a peace officer was in direct violation of the law enforcement agency's written policy prohibiting racial profiling, the law enforcement agency shall take appropriate action against the peace officer consistent with applicable laws, rules, ordinances, or policies.
(5)(6) For the purposes of this section, the following definitions apply:
(a) "Peace officer" has the meaning provided in 46-1-202.
(b) "Racial profiling" means the detention, official restraint, or other disparate treatment of an individual solely on the basis of the racial or ethnic status of the individual.
(7) The department of justice shall make periodic reports to the law and justice interim committee regarding the degree of compliance by municipal, county, consolidated local government, and state law enforcement agencies with the requirements of this section."
Section 2. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell band of Chippewa.
- END -
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