.195 Prohibition against racial profiling -- Model policy -- Local law enforcement agencies' policies.
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15A.195 Prohibition against racial profiling -- Model policy -- Local law
enforcement agencies' policies.
(1)
No state law enforcement agency or official shall stop, detain, or search any person
when such action is solely motivated by consideration of race, color, or ethnicity,
and the action would constitute a violation of the civil rights of the person.
(2)
The secretary of the Justice Cabinet, in consultation with the Kentucky Law
Enforcement Council, the Attorney General, the Office of Criminal Justice
Training, the secretary of the Transportation Cabinet, the Kentucky State Police, the
secretary of the Environmental and Public Protection Cabinet, and the
commissioner of the Department of Public Protection, shall design and implement a
model policy to prohibit racial profiling by state law enforcement agencies and
officials.
(3)
The Kentucky Law Enforcement Council shall disseminate the established model
policy against racial profiling to all sheriffs and local law enforcement officials,
including local police departments, city councils, and fiscal courts. All local law
enforcement agencies and sheriffs' departments are urged to implement a written
policy against racial profiling or adopt the model policy against racial profiling as
established by the secretary of the Justice Cabinet within one hundred eighty (180)
days of dissemination of the model policy. A copy of any implemented or adopted
policy against racial profiling shall be filed with the Kentucky Law Enforcement
Council and the Kentucky Law Enforcement Foundation Program Fund.
(4)
(a) Each local law enforcement agency that participates in the Kentucky Law
Enforcement Foundation Program fund under KRS 15.420 in the
Commonwealth shall implement a policy, banning the practice of racial
profiling, that meets or exceeds the requirements of the model policy
disseminated under subsection (3) of this section. The local law enforcement
agency's policy shall be submitted by the local law enforcement agency to the
secretary of the Justice Cabinet within one hundred eighty (180) days of
dissemination of the model policy by the Kentucky Law Enforcement Council
under subsection (3) of this section. If the local law enforcement agency fails
to submit its policy within one hundred eighty (180) days of dissemination of
the model policy, or the secretary rejects a policy submitted within the one
hundred and eighty (180) days, that agency shall not receive Kentucky Law
Enforcement Foundation Program funding until the secretary approves a
policy submitted by the agency.
(b) If the secretary of the Justice Cabinet approves a local law enforcement
agency's policy, the agency shall not change its policy without obtaining
approval of the new policy from the secretary of the Justice Cabinet. If the
agency changes its policy without obtaining the secretary's approval, the
agency shall not receive Kentucky Law Enforcement Foundation Program
funding until the secretary approves a policy submitted by the agency.
(5)
Each local law enforcement agency shall adopt an administrative action for officers
found not in compliance with the agency's policy. The administrative action shall be
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in accordance with other penalties enforced by the agency's administration for
similar officer misconduct.
Effective: June 21, 2001
History:Created 2001 Ky. Acts ch. 158, sec. 1, effective June 21, 2001.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.
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