Florida Senate - 2008 (Reformatted) SB 142

By Senator Wilson

33-00075-08 2008142__

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A bill to be entitled

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An act relating to racial profiling; prescribing responses

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that the Attorney General may take upon the filing of a

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complaint alleging racial profiling against a law

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enforcement officer or agency; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. If an individual files a complaint against a law

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enforcement officer or law enforcement agency, or both, alleging

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racial profiling, which is defined by the Department of Law

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Enforcement as "unequal treatment of any person, including

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stopping, questioning, searching, detention, or arrest, solely or

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primarily on the basis of their racial or ethnic characteristics,

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religion, gender, sexual orientation, or socioeconomic status,"

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the Attorney General may respond to the complaint by taking one

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or more of the following steps:

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     (1) Sending a written inquiry to the appropriate law

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enforcement agency regarding the allegation and requesting a

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written response or internal investigation, or both, of the

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alleged incident of racial profiling.

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     (2) Initiating an investigation or policy review of the

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named law enforcement agency by the Office of the Attorney

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General.

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     (3) Referring the complaint to the Criminal Justice

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Standards and Training Commission for a policy review of the law

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enforcement agency or to a local prosecutor to conduct a criminal

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investigation.

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     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.