Florida Senate - 2009                                     SB 106
       
       
       
       By Senator Wilson
       
       
       
       
       33-00054-09                                            2009106__
    1                        A bill to be entitled                      
    2         An act relating to racial profiling; prescribing
    3         responses that the Attorney General may take upon the
    4         filing of a complaint alleging racial profiling
    5         against a law enforcement officer or agency; providing
    6         an effective date.
    7         
    8  Be It Enacted by the Legislature of the State of Florida:
    9         
   10         Section 1. If an individual files a complaint against a law
   11  enforcement officer or law enforcement agency, or both, alleging
   12  racial profiling, which is defined by the Department of Law
   13  Enforcement as “unequal treatment of any person, including
   14  stopping, questioning, searching, detention, or arrest, solely
   15  or primarily on the basis of their racial or ethnic
   16  characteristics, religion, gender, sexual orientation, or
   17  socioeconomic status,” the Attorney General may respond to the
   18  complaint by taking one or more of the following steps:
   19         (1) Sending a written inquiry to the appropriate law
   20  enforcement agency regarding the allegation and requesting a
   21  written response or internal investigation, or both, of the
   22  alleged incident of racial profiling.
   23         (2) Initiating an investigation or policy review of the
   24  named law enforcement agency by the Office of the Attorney
   25  General.
   26         (3) Referring the complaint to the Criminal Justice
   27  Standards and Training Commission for a policy review of the law
   28  enforcement agency or to a local prosecutor to conduct a
   29  criminal investigation.
   30         Section 2. This act shall take effect July 1, 2009.