January 25, 2005, Introduced by Senator THOMAS and referred to the Committee on Judiciary.
A bill to define and prohibit racial profiling; to prescribe
the powers and duties of certain state and local officials; to
require training in racial sensitivity under certain conditions; to
establish a grant program and provide appropriations; and to
prescribe penalties and certain remedies for the effects of racial
profiling incidents.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan racial profiling and report statistics act".
Sec. 2. As used in this act:
(a) "Department" means the department of civil rights.
(b) "Racial profiling" means the detention or other disparate
treatment of an individual on the basis of the racial or ethnic
status of that individual.
Sec. 3. (1) In the absence of a specific report, race or
ethnicity of an individual shall not be a factor in determining the
existence of probable cause to place in custody or arrest an
individual or in constituting a reasonable suspicion that an
offense has been or is being committed that justifies the detention
of an individual or the investigatory stop of a motor vehicle.
(2) In response to a specific report of criminal activity,
race or ethnicity of an individual shall not be the sole factor in
determining the existence of probable cause to place in custody or
arrest an individual.
Sec. 4. (1) The detention of an individual based on any
noncriminal factor or combination of noncriminal factors is
prohibited.
(2) A law enforcement officer shall not stop, detain, or
search an individual if that action is motivated only by race,
color, ethnicity, age, or gender.
Sec. 5. (1) The department shall create and provide to local
law enforcement agencies a traffic stop reporting form.
Immediately following each motor vehicle stop, the law enforcement
officer responsible for the stop shall fill out or electronically
complete a traffic stop reporting form for the stop, regardless of
whether a citation was issued.
(2) Each local law enforcement agency shall retain its
completed traffic stop reporting forms and make them available for
public review or copying during regular business hours. A local law
enforcement agency shall collect the data from the forms for a
period of not less than 3 years after the effective date of this
act and shall submit a report at the end of each calendar quarter
to the department on the traffic stop reporting forms for that
quarter. The department shall issue an annual report based on its
review of the information received. At the end of the 3-year
period, the department shall make a determination based on its
review of data received from a law enforcement agency during the 3-
year period whether the law enforcement agency is required to
continue to collect the data from the forms required under this
act.
(3) A law enforcement officer shall not report or record any
misleading information related to the actual or perceived race,
ethnicity, age, or gender of an individual.
Sec. 6. (1) The department shall create and provide to local
law enforcement agencies a complaint form. A local law enforcement
agency shall make a complaint form available to each motorist who
alleges a violation of this act as the result of a stop by a law
enforcement officer. The form shall include an addressed, stamped
envelope to the headquarters of the local law enforcement agency
and the department.
(2) A law enforcement officer shall not discourage an
individual from filing a complaint and shall avoid any action that
may constitute intimidation, coercion, or threatened or actual
retaliation against an individual to discourage or prevent them
from filing a complaint.
(3) A local law enforcement agency shall conduct an
appropriate investigation of each complaint of racial profiling
received, including an interview with each individual involved in
the incident if the agency finds it necessary, and shall file a
report of the investigation with the department that includes any
video or audio tapes of the incident.
(4) A local law enforcement agency shall place a copy of a
complaint made by a motorist under this section, and a record of
the disposition or finding of any investigation or review, in the
personnel file of each officer involved in an alleged violation of
this act.
Sec. 7. Each law enforcement agency shall designate an officer
as its community liaison on racial profiling issues. This
community liaison officer shall meet regularly with members of
groups within the community that may be potentially affected by
racial profiling.
Sec. 8. A law enforcement officer completing a traffic stop
reporting form shall include the following required information:
(a) The traffic stop infraction the motorist is alleged to
have committed that led to the stop, the time of the stop, the
geographical location where the stop occurred, and the total
duration of the stop.
(b) Identifying characteristics of the driver stopped,
including the race, gender, ethnicity, and approximate age of the
driver and any passengers in the vehicle and the place of
registration of the vehicle.
(c) Whether a search was instituted of the vehicle or the
driver or passengers in the vehicle, or both, as a result of the
stop, any alleged criminal behavior by the driver or a passenger in
the vehicle that justified the search, and whether consent was
requested for the search.
(d) Any items seized, including contraband or money.
(e) Whether any oral or written warning or citation was issued
or an arrest was made as a result of the stop or search and the
justification for the arrest.
(f) Whether the officers making the stop engaged in the use of
force against the driver, passenger, or passengers for any reason.
(g) Whether forfeiture proceedings were subsequently
instituted against the vehicle as a result of the stop.
(h) Whether any injuries resulted from the stop.
(i) Whether the circumstances surrounding the stop were the
subject of any investigation, and the results of that
investigation.
Sec. 9. A law enforcement officer who receives a substantial
number of racial profiling complaints as determined by the
department may be assigned to further or additional racial
sensitivity training from the training program described in the
commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616.
Sec. 10. The department shall promulgate rules to implement
and administer this act pursuant to the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 11. (1) A grant program is established within the
department of state police to assist local law enforcement agencies
in carrying out the provisions of this act including the purchase
of vehicle cameras, diversity training, and data collection
expenses. A grant requires a 50% match from the local unit of
government.
(2) The legislature shall appropriate funds sufficient to
implement this section.
Sec. 12. (1) A person who alleges a violation of this act may
file a civil action for appropriate injunctive relief or damages,
or both.
(2) A person shall file an action commenced under subsection
(1) in the circuit court in the county where the alleged violation
occurred or in the county where the person resides.
(3) As used in subsection (1), "damages" means compensation
for injury or loss caused by a violation of this act, including
reasonable attorney fees.
Enacting section 1. This act does not take effect unless all
of the following bills of the 93rd Legislature are enacted into
law:
(a) Senate Bill No. 42.
(b) Senate Bill No. 40.