PRINTER'S NO. 1946
No. 1540 Session of 2007
INTRODUCED BY JAMES, BLACKWELL, YOUNGBLOOD, BUXTON, COHEN,
DALEY, DERMODY, HENNESSEY, KIRKLAND, MAHONEY, MYERS, PARKER,
STABACK, STURLA AND WALKO, JUNE 18, 2007
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 18, 2007
AN ACT
1 Providing for detailed records of all traffic stops; prohibiting
2 traffic stops solely on the basis of racial profiling;
3 authorizing the Attorney General to investigate complaints of
4 racial profiling; and providing for the powers and duties of
5 the Attorney General and for reporting to the General
6 Assembly.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Prevention of
11 Traffic Stops Based on Racial Profiling Act.
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Attorney General." The Attorney General of the
17 Commonwealth.
18 "Law enforcement agency." An agency of the Commonwealth or
19 political subdivision thereof, including, but not limited to,
1 the Pennsylvania State Police, a municipal police department and
2 sheriff's department, that is empowered by law to conduct
3 investigations of or make arrests for offenses under 18 Pa.C.S.
4 (relating to crimes and offenses) or 75 Pa.C.S. (relating to
5 vehicles).
6 "Law enforcement officer." An officer of a law enforcement
7 agency.
8 "Racial profiling." The act of conducting a traffic stop
9 based upon the vehicle operator's race or ethnicity or a profile
10 or an unreasonable belief that includes race or ethnicity as a
11 relevant factor in establishing suspicion of criminal conduct.
12 Section 3. Reporting requirements.
13 (a) General rule.--A law enforcement agency shall develop
14 and maintain reports of all traffic stops initiated by the law
15 enforcement agency. The report may be incorporated at the
16 discretion of the law enforcement agency within existing or
17 forthcoming uniform crime reporting functions, including a
18 national incident-based reporting system.
19 (b) Contents of report.--The report shall include the
20 following information:
21 (1) The reason for the traffic stop.
22 (2) The race or ethnicity, approximate age and gender of
23 the operator of the motor vehicle stopped and of all other
24 occupants of the motor vehicle.
25 (3) The violation alleged to have been committed that
26 was the basis for the traffic stop.
27 (4) Whether the traffic stop resulted in a search of the
28 motor vehicle or its occupants.
29 (5) The rationale for any search that occurred and how
30 it was instituted.
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1 (6) Whether any contraband was discovered in the course
2 of a search and, if so, the nature of the contraband.
3 (7) Whether an arrest was made as the result of either
4 the traffic stop or the ensuing search.
5 (8) Whether any property was seized for forfeiture.
6 Section 4. Prohibited activity.
7 It shall be unlawful for a law enforcement agency or law
8 enforcement officer to engage in racial profiling.
9 Section 5. Investigation of racial profiling.
10 (a) Complaint.--A person who believes that he has been
11 subjected to a traffic stop solely on the basis of racial
12 profiling may file a written complaint with the Attorney
13 General.
14 (b) Powers and duties.--The Attorney General shall have the
15 following powers and duties:
16 (1) To investigate any complaint received under
17 subsection (a).
18 (2) To require the production for examination of any
19 books and papers relating to any matter under investigation
20 where a complaint has been filed with the Attorney General.
21 (3) If necessary, to bring an action in the court of
22 common pleas of the county in which the law enforcement
23 agency or law enforcement officer is located to enforce
24 compliance with section 4, through a permanent injunction or
25 any other equitable relief deemed appropriate by the court.
26 (4) To bring an action in civil contempt to enforce any
27 court order obtained in paragraph (3) and to obtain a civil
28 penalty of not less than $1,000 nor more than $5,000 per
29 violation of the court order.
30 (5) To use any power as provided in section 205 of the
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1 act of October 15, 1980 (P.L.950, No.164), known as the
2 Commonwealth Attorneys Act, necessary and appropriate to
3 carry out the provisions of this act.
4 Section 6. Report to General Assembly.
5 The Attorney General shall submit an annual report to the
6 General Assembly evaluating the enforcement of this act.
7 Section 7. Effective date.
8 This act shall take effect in 60 days.
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