Citations Affected: IC 5-2-14.
Synopsis: Racially based traffic stops. Requires the compilation of
data concerning traffic stops, including the race of a driver stopped by
a law enforcement officer. Provides that the data may not be used in a
legal proceeding to establish an inference of discrimination. Requires
a law enforcement agency to prohibit racial profiling and to provide
sensitivity training. Authorizes the establishment of local civilian
review boards to investigate allegations of misconduct by law
Effective: July 1, 2002.
January 14, 2002, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
concerning each agency:
(1) The total number of motor vehicles stopped by officers during the previous calendar year.
(2) The number and percentage of stopped motor vehicles that were driven by members of a minority group.
(3) A comparison of the percentage of stopped motor vehicles driven by a minority group with the percentage of the state's population comprised by that minority group.
(4) The compilation of the information reported by an agency under section 7 of this chapter.
Sec. 10. Data compiled under section 7 of this chapter:
(1) may be used only for research or statistical purposes and may not contain information that may reveal the identity of an individual who is:
(A) stopped; or
(B) an officer; and
(2) may not be used in a legal or administrative proceeding to establish an inference of discrimination on the basis of particular identifying characteristics.
Sec. 11. Before July 1, 2003, each agency shall adopt a policy on racially based traffic stops that includes the following:
(1) A prohibition against a practice of routinely stopping members of minority groups for violations of motor vehicle laws as a pretext for investigating other violations of criminal law.
(2) A requirement that the agency must periodically review the annual report of the attorney general to determine whether any officers of the agency have a pattern of stopping members of minority groups for violations of motor vehicle laws in a number disproportionate to the population of minority groups residing or traveling within the jurisdiction of the agency.
(3) If a review under subdivision (2) indicates a pattern of racially based traffic stops, a requirement that the agency must conduct an investigation to determine whether any officers of the agency routinely stop members of minority groups for violations of motor vehicle laws as a pretext for investigating other violations of criminal law.
(4) A requirement of appropriate counseling and training for an officer if the officer is determined under subdivision (3) to have engaged in racially based traffic stops.
(5) A requirement of annual sensitivity training of officers
who conduct traffic stops concerning the prohibition in
Sec. 12. The guidelines of the agency regarding racially based traffic stops and the training described in section 11(4) and 11(5) of this chapter must stress:
(1) understanding and respect for racial and cultural differences; and
(2) the development of effective, noncombative methods of carrying out law enforcement duties in a racially and culturally diverse environment.
Sec. 13. (a) A county, city, or town may:
(1) establish a civilian review board; or
(2) use an existing civilian review board;
that is appointed by the county, city, or town to investigate allegations of misconduct by the local unit's officers toward members of the public.
(b) The members of the civilian review board shall serve without compensation but shall receive reimbursement from the local governing body for all reasonable and necessary expenses.
Sec. 14. A civilian review board established under section 13 of this chapter has the power to:
(3) make findings regarding; and
(4) recommend disciplinary action upon;
complaints by members of the public against the local unit's officers.
Sec. 15. A complaint filed by the public with a civilian review board may allege misconduct involving:
(1) excessive use of force;
(2) abuse of authority;
(3) discourtesy; or
(4) use of offensive language, including comments relating to race, ethnicity, religion, gender, sexual orientation, or disability.
Sec. 16. (a) The civilian review board shall submit:
(1) the findings and recommendations of the board concerning a complaint; and
(2) the basis for the findings and recommendations;
to the chief law enforcement official of the agency.
(b) The board's findings or recommendations may not be based:
(1) solely upon an unsworn complaint or statement; or