Alabama Traffic Stop Racial Profiling Data Collection Bill
An Alabama Senate bill requiring the collection and maintenance of certain data relating to racial profiling has passed the Alabama Senate and is now before the House. Senate Bill 84 would require state and local law enforcement agencies to adopt a written policy that prohibits the traffic stops base solely on by consideration of race, color, ethnicity, age, gender or sexual orientation. It would require the Attorney General, the Secretary of ALEA, the Administrative Office of Courts, and the Peace Officers’ Standards and Training Commission to create a standard form for law enforcement officer to use when making traffic stops. The officer would have to fill out the form which would include among other matters, demographic information about the driver stopped and about the circumstances of the stop itself. Law enforcement agencies would then have to generate certain reports from this data to report to the Attorney General. The above agencies would also be required to create a form for reporting by persons who believe they have been the victim of racial profiling or other demographic factor profiling.
The bill would also require law enforcement agencies to gather and report certain data relating to the injury of officers in the line of duty.
Of note, as it relates to Alabama DUI defense, is the fact that the bill states that it would be against policy to detain “an individual based on any noncriminal factor or combination of noncriminal factors.” The bill does not provide a definition of “noncriminal factor”. Would it include weaving within one’s lane that is not sufficient to be a violation of Alabama’s illegal lane usage statute?