Revision: Dec. 13, 2023, 1:46 p.m.
Senate Judiciary
December 12, 2023
2024-0011s
09/05
Amendment to HB 596-FN
Amend the bill by replacing section 1 with the following:
1 New Chapter; Racial Profiling in Law Enforcement Activities Prohibited. Amend RSA by inserting after chapter 106-M the following new chapter:
CHAPTER 106-N
RACIAL PROFILING IN LAW ENFORCEMENT ACTIVITIES PROHIBITED
106-N:1 Definition. In this chapter, “profiling" shall mean the practice of relying solely on race, ethnicity, color, national origin, nationality, language, sex, gender identity, sexual orientation, political affiliation, religion, socioeconomic status, or disability in:
I. Selecting a person to subject to routine or spontaneous investigatory activities, including interviews, detentions, traffic stops, pedestrian stops, stop and frisks and other types of bodily searches, or searches of personal or real property; or
II. Determining the scope, substance, or duration of investigation or law enforcement activity to which a person will be subjected.
106-N:2 Prohibited Acts.
I. No state, county, or municipal law enforcement agency or officer, or other state agency with the authority to make arrests, shall engage in racial profiling.
II. Nothing in paragraph I shall be interpreted to prohibit a law enforcement officer or law enforcement agency from relying on physical descriptions, including sex, race, ethnicity, color, and disability, to select a person to subject to investigatory activity or determine the scope, substance, or duration of investigation when:
(a) Seeking to apprehend a suspect in response to a specific complaint or articulable basis that a crime has been committed; and
(b) There exists trustworthy and reliable information, relevant to the locality and time frame, that links a person to an identified criminal incident or scheme.