RES 2001-3118 - Legislative package include proposal for felony penalty provision for racial profiling (not adopted) a
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of Omaha,Nebraska 68183-0804
A��ry (402)444-5115
�44o FE98�r0 CITY C L 4 R u, Telefax(402)444-5125
City of Omaha n M Via.Fi A. H T'n C,S'4" ' Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
and Members of the City Council,
The attached resolution, prepared at the request of Councilmember Brown authorizes a specific
proposal to be included in the legislative package for the Second Session of the Ninety Seventh
Legislature of the State of Nebraska to amend a section of the Nebraska Statutes (20-502 Neb
Rev. Stat.)pertaining to racial profiling to add a Class IV felony penalty provision.
Respectfully submitted,
9
,a
Jo A. Cavel
Assistant City Attorney
P:\Lawl\6353pjm.doc
LEGISLATURE OF NEBRASKA
NINETY-SEVENTH LEGISLATURE
SECOND SESSION
Legislative Bill
Introduced by:
Read first time:
Committee:
A BILL
FOR AN ACT relating to law enforcement; to amend section 20-502 R.S.Supp.,2001; to
establish a penalty for engaging in racial profiling; and to repeal the original section.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 20-502 R.S.Supp.,2001 is amended to read:
20-502. Racial profiling prohibited; penalty.
(1)No member of the Nebraska State Patrol or a county sheriffs office, officer
of a city or village police department, or member of any other law enforcement agency in
this state shall engage in racial profiling. The disparate treatment of an individual whose
motor vehicle has been stopped by a law enforcement officer is inconsistent with this
policy.
(2)Racial profiling shall not be used to justify the detention of an individual or
to conduct a motor vehicle stop.
(3)Engaging in racial profiling is a Class IV felony.
Section 2. Original section 20-502 R.S.Supp.,2001 is repealed.
p:\b337 draft lb
REQUEST TO LAW DEPARTMENT
', ! For Law Department Use Only
TO: Paul D. Kratz, City Attor y'',
F> �03� /,�.1/ Log Book #: 337-01 = COUNCIL I
DATE: November 27, 2001 _ j. 4 `�'^ , Date Assigned: 11/28/01
J?), c,- �Assigned to: g
F'-;
yi
Answered/Sent Out:
Withdrawn:
REQUEST BEING MADE BY: On behalf of Councilmember Frank Brown
Jack Cheloha, City Lobbyist u'f}C/ 5521
(Name) (Department) (Phone)
TIME LINE (Due Date): December 11 , 2001 Council Agenda
(12 Working Days from Date Received by Law Department)
REQUEST FOR: Draft Bill and Resolution - Felony for Law Enforcement
Personnel to Practice Racial Profiling
(State Specifically What You Are Requesting)
DETAILS:
Councilmember Frank Brown requests a draft legislative bill and accompanying resolution
be prepared for the Council's December 11 , 2001 , agenda which would provide penalties
for racial profiling.
During the 2001 State Legislative Session, the Legislature passed L.B. 593 (attached)
which prohibits racial profiling and provides duties to law enforcement agencies. The bill
does not provide any penalties for its violation. Therefore, Councilmember Brown requests
a draft bill to make it a Class IV felony for anyone found to be guilty of racial profiling as
defined in L.B. 593. A Class IV felony carries a maximum penalty of five years'
imprisonment, a $10,000 fine, or both; minimum - none.
Additionally, Councilmember Brown requests a Council Resolution be drafted and placed on
the December 11 , 2001 , Council agenda, asking that this State law change be made part
of the City's 2002 State Legislative Package.
If you have any questions, please contact Jack Cheloha at ext. 5521 .
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
_,.. wl
c: Councilmembers, City Clerk, Police Chief, Mayor's Office, Council Staff
4P
t I
LB 593 LB 593
LEGISLATURE OF NEBRASKA
NINETY-SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 593
FINAL READING
Introduced by Connealy, 16; Aguilar, 35; Beutler, 28; Bourne, 8;
Byars, 30; Chambers, 11; Engel, 17; Schimek, 27;
Thompson, 14; Wickersham, 49; Hilgert, 7;
Dw. Pedersen, 39
Read first time January 12, 2001
Committee: Judiciary
A BILL
1 FOR AN ACT relating to law enforcement; to prohibit racial
2 profiling as prescribed; to provide duties for the
3 Nebraska State Patrol and other law enforcement agencies
4 as prescribed and the Nebraska Commission on Law
5 Enforcement and Criminal Justice; and to provide for
6 reports.
7 Be it enacted by the people of the State of Nebraska,
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LB 593 LB 593
1 Section 1. Racial profiling is a practice that presents
2 a great danger to the fundamental principles of a democratic
3 society. It is abhorrent and cannot be tolerated. Motorists who
4 have been stopped by the police for no reason other than the color
5 of their skin or their apparent nationality or ethnicity are the
6 victims of discriminatory practices.
7 Sec. 2. (1) No member of the Nebraska State Patrol or a
8 county sheriff's office, officer of a city or village police
9 department, or member of any other law enforcement agency in this
10 state shall engage in racial profiling. The disparate treatment of
11 an individual whose motor vehicle has been stopped by a law
12 enforcement officer is inconsistent with this policy.
13 (2) Racial profiling shall not be used to justify the
14 detention of an individual or to conduct a motor vehicle stop.
15 Sec. 3. For purposes of sections 1 to 5 of this act:
16 (1) Disparate treatment means differential treatment of
17 persons on the basis of race, color, or national origin;
18 (2) Motor vehicle stop means any stop of a motor vehicle;
19 and
20 (3) Racial profiling means detaining an individual or
21 conducting a motor vehicle stop based upon disparate treatment of
22 an individual.
23 Sec. 4. (1) On or before January 1, 2002, the Nebraska
24 State Patrol, the county sheriffs, all city and village police
25 departments, and any other law enforcement agency in this state
26 shall adopt a written policy that prohibits the detention of any
27 person or a motor vehicle stop when such action is motivated by
28 racial profiling and the action would constitute a violation of the
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LB 593 LB 593
1 civil rights of the person.
2 . (2) With respect to a motor vehicle stop, on and after
3 January 1, 2002, the Nebraska State Patrol, the county sheriffs,
4 all city and village police departments, and any other law
5 enforcement agency in this state shall record and retain the
6 following information using the form developed and promulgated
7 pursuant to section 5 of this act:
8 (a) The number of motor vehicle stops;
9 (b) The characteristics of race or ethnicity of the
10 person stopped. The identification of such characteristics shall
11 be based on the observation and perception of the law enforcement
12 officer responsible for reporting the motor vehicle stop and the
13 information shall not be required to be provided by the person
14 stopped;
15 (c) If the stop is for a law violation, the nature of the
16 alleged law violation that resulted in the motor vehicle stop;
17 (d) Whether a warning or citation was issued, an arrest
18 made, or a search conducted as a result of the motor vehicle stop.
19 Search does not include a search incident to arrest or an inventory
20 search; and •
21 (e) Any additional information that the Nebraska State
22 Patrol, the county sheriffs, all city and village police
23 departments, or any other law enforcement agency in this state, as
24 the case may be, deems appropriate.
25 (3) The Nebraska Commission on Law Enforcement and
26 Criminal Justice may develop a uniform system for receiving •
27 allegations of racial profiling. The Nebraska State Patrol, the
28 county sheriffs, all city and village police departments, and any
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•
•
LB 593 LB 593
1 other law enforcement agency in this state shall provide to the
2 commission (a) a copy of each allegation of racial profiling
3 received and (b) written notification of the review and disposition
4 of such allegation. No information revealing the identity of the
5 law enforcement officer involved in the stop shall be used,
6 transmitted, or disclosed in violation of any collective bargaining
7 agreement provision or personnel rule under which such law
8 enforcement officer is employed. No information revealing the
9 identity of the complainant shall be used, transmitted, or
10 disclosed in the form alleging racial profiling.
11 (4) Any law enforcement officer who in good faith records
12 information on a motor vehicle stop pursuant to this section shall
13 not be held civilly liable for the act of recording such
14 information unless the law enforcement officer's conduct was
15 unreasonable or reckless or in some way contrary to law.
16 (5) On or before October 1, 2002, and annually thereafter
17 until January 1, 2004, the Nebraska State Patrol, the county
18 sheriffs, all city and village police departments, and all other
19 law enforcement agencies 'in this state shall provide to the
20- commission, in such form as the commission prescribes, a summary
21 report of the information recorded pursuant, to subsection (2) of
22 this section.
23 (6) On and after January 1, 2002, and until January 1,
24 2004,. the commission .may, within the limits of its existing
25 appropriations, provide for a review of the prevalence and
26 disposition of motor vehicle stops based on racial profiling and �.
27 allegations reported pursuant to this section. The results of such
28 review shall be reported to the Governor and the Legislature on or
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•
LB 593 LB 593
1 before April 1, 2004.
2 Sec. 5. On or before January 1, 2002, the Nebraska
3 Commission on Law Enforcement and Criminal Justice, the
4 Superintendent of Law Enforcement and Public Safety, the Attorney
5 General, and the State Court Administrator may adopt and
6 promulgate: (1) A form, in printed or electronic format, to be used
7 by a law enforcement officer when making a motor vehicle stop to
8 record personal identifying information about the operator of such
9 motor vehicle, the location of the stop, the reason for the stop,
10 and any other information that is required to be recorded pursuant •
11 to subsection (2) of section 4 of this act and (2) a form, in
12 printed or electronic format, to be used to report an allegation of
13 racial profiling by a law enforcement officer.
•
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t Y
625A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on January 9, 2002, the Ninety-Seventh Legislature of the State of
Nebraska, Second Session,will convene; and,
WHEREAS, it is in the best interests of the City of Omaha and its residents that a
legislative package be prepared for submission to the State Legislature; and,
WHEREAS, it is the purpose of this resolution to approve a specific proposal for
inclusion in that package.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the legislative package of the City of Omaha for the Second Session of the
Ninety-Seventh Legislature of the State of Nebraska shall include a proposal to amend a section
of the Nebraska Statutes (20-502 Neb Rev. Stat.) pertaining to racial profiling to add a Class IV
felony penalty provision.
P:\Law1\6354pjm.doc APPROVED AS TO FORM:
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AleyATY ATTORNEY DATE
By
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Councilmember
Adopted
City Clerk
Approved
Mayor
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