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2001 SESSION

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HB 2503 Racial Profiling & Traffic Statis. Reporting Act; study data by DSP.

Introduced by: William P. Robinson, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Virginia Racial Profiling and Traffic Statistics Reporting Act. Requires the Superintendent of State Police to require each local and state police officer, during the course of his official duties, to collect certain information pertaining to traffic stops, including the age, race, color, ethnicity, and gender of persons who allegedly have committed traffic violations, and to record the specific reason for the stop, whether the person was interrogated, charged or arrested, and whether a warning or written citation was issued. Police officers must also indicate the specific traffic violation committed. Police officers participating in the collection of such traffic data and information have been granted civil immunity for acts and omissions resulting from the performance of their official duties, absent gross negligence or willful misconduct. The bill also requires the development of an uniform statewide system and database collecting, correlating, analyzing, interpreting, and reporting data and information generated through such traffic stop reports, to determine whether a disproportionate number of minority persons are subjected to racial profiling and pretextual traffic stops. The Superintendent may engage any accredited public two-year or four-year institution of higher education in the Commonwealth or an independent body with the experience, expertise, and technical capacity to conduct such research to assist in establishing the uniform statewide system and database. The Superintendent must notify the attorney for the Commonwealth of a locality, if he determines that the local police force has not or refuses to comply with the reporting requirements and the maintenance of certain traffic records, and seek compliance with the law. The Superintendent must report the findings and recommendations from the data analysis annually to the Attorney General of Virginia, the Governor, and the General Assembly, beginning on July 1, 2002. A copy of the report also must be provided to each attorney for the Commonwealth. The provisions of the bill expire on July 1, 2005. This bill is a recommendation of the House Committee on Transportation's Special Subcommittee on Racial Profiling and Pretextual Traffic Stops.


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