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2001 SESSION

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HJ 804 Study; incidence of racial profiling and pretextual traffic stops.

Introduced by: Tommy Wright | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Study; Incidence of racial profiling and pretextual traffic stops in the Commonwealth. Establishes a joint subcommittee to study the incidence of racial profiling and pretextual traffic stops in Virginia. The joint subcommittee shall, among other things, (i) review the principles of the Fourth and Fourteenth Amendments, the Supreme Court decisions in Whren v. United States, 116 S. Ct. 1769 (1996), United States v. Armstrong, 116 S. Ct. 1480 (1996), City of Indianapolis v. Edmond, 121 S. Ct. 447 (2000) and other relevant case law; (ii) develop a profile of motorists commonly identified for traffic stops in Virginia; (iii) determine whether racial profiling or other non-criminal characteristics are used by law-enforcement officers in the Commonwealth to identify motorists for traffic stops; (iv) ascertain data regarding police traffic stops in the Commonwealth, particularly along I-95, which shall include, but not be limited to, the extent to which African-American and other minority motorists are stopped, searched, detained, arrested, or have property seized in comparison to white motorists; the reasons given by police for such stops and whether a warning or written citation was given; (v) evaluate the benefit of pretextual traffic stops on drug interdiction; (vi) review the findings and recommendations of previous legislative subcommittee pertaining to this problem; and (vii) consider such other related matters and recommend such action as the joint subcommittee may deem appropriate. Due to the complexity and sensitivity of this issue and the interest among citizens, the joint subcommittee must provide appropriate opportunities for public comment and broad citizen participation, to the extent practicable, in order that the perspectives of the people may be considered. The joint subcommittee must submit its written findings and recommendations to the Governor and the 2002 Session of the General Assembly.


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