2014 Kentucky Revised Statutes CHAPTER 15A - JUSTICE AND PUBLIC SAFETY CABINET 15A.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)
(2)
(3)
(4)
(5)
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.
The secretary of the Justice and Public Safety Cabinet, in consultation with the
Kentucky Law Enforcement Council, the Attorney General, the Department of
Criminal Justice Training, the secretary of the Transportation Cabinet, the
Department of Kentucky State Police, the secretary of the Energy and
Environment Cabinet, and the secretary of the Public Protection Cabinet, shall
design and implement a model policy to prohibit racial profiling by state law
enforcement agencies and officials.
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 and Public
Safety 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.
(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 and Public Safety
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 and Public Safety 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 and Public Safety 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.
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 in accordance with other penalties enforced by the agency's
administration for similar officer misconduct.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 19, effective July 15, 2010. -Amended 2007 Ky. Acts ch. 85, sec. 48, effective June 26, 2007. -- Created
2001 Ky. Acts ch. 158, sec. 1, effective June 21, 2001.
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