A. For the purposes of this section, "racial profiling" means the detention, interdiction or other disparate treatment of an individual solely on the basis of the racial or ethnic status of such individual.
B. No officer of any municipal, county or state law enforcement agency shall engage in racial profiling.
C. The race or ethnicity of an individual shall not be the sole factor in determining the existence of probable cause to take into custody or to arrest an individual or in constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a motor vehicle.
D. A violation of this section shall be a misdemeanor.
E. Every municipal, county, and state law enforcement agency shall adopt a detailed written policy that clearly defines the elements constituting racial profiling. Each agency’s policy shall prohibit racial profiling based solely on an individual’s race or ethnicity. The policy shall be available for public inspection during normal business hours.
F. If the investigation of a complaint of racial profiling reveals the officer was in direct violation of the law enforcement agency’s written policy regarding racial profiling, the employing law enforcement agency shall take appropriate action consistent with applicable laws, rules, ordinances or policy.
Added by Laws 2000, c. 325, § 1, eff. July 1, 2000.
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