State Codes and Statutes

Statutes > Kansas > Chapter22 > Article46 > Statutes_12605

22-4610

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 46.--GENERAL PROVISIONS

      22-4610.   Same; policies preempting profiling,requirements; annual reports of complaints.(a) All law enforcement agencies in this state shall adopt adetailed, written policyto preempt racial profiling. Each agency's policy shall include the definitionof racial profilingfound inK.S.A.22-4606, and amendments thereto.

      (b)   Policies adopted pursuant to this section shall be implemented by allKansas lawenforcement agencies within one year after the effective date of this act. Thepolicies and datacollection procedures shall be available for public inspection during normalbusiness hours.

      (c)   The policies adopted pursuant to this section shall include, but not belimited to, thefollowing:

      (1)   A prohibition of racial profiling.

      (2)   Annual educational training which shall include, but not be limited to,an understanding of the historical and cultural systems that perpetuate racialprofiling, assistance inidentifying racial profiling practices, and providing officers withself-evaluation strategies topreempt racial profiling prior to stopping a citizen.

      (3)   For law enforcement agencies of cities of the first class,establishment or use of currentindependent citizen advisory boards which include participants who reflect theracial and ethniccommunity, to advise and assist in policy development, education and communityoutreach andcommunications related to racial profiling by law enforcement officers andagencies.

      (4)   Policies for discipline of law enforcement officers and agencies whoengage in racialprofiling.

      (5)   A provision that, if the investigation of a complaint of racial profilingreveals the officer was in direct violation of the law enforcement agency'swritten policies regarding racialprofiling, the employing law enforcement agency shall take appropriate actionconsistent withapplicable laws, rules and regulations, resolutions, ordinances or policies,including demerits,suspension or removal of the officer from the agency.

      (6)   Provisions for community outreach and communications efforts to informthe publicof the individual's right to file with the law enforcement agency or theKansas human rights commission complaints regarding racial profiling, whichoutreach and communications to thecommunityshall include ongoing efforts to notify the public of the law enforcementagency's complaintprocess.

      (7)   Procedures for individuals to file complaints of racial profiling withthe agency,which, if appropriate, may provide for use of current procedures for addressingsuch complaints.

      (d)   Each law enforcement agency shall compile an annual report of allcomplaints ofracial profiling received and shall submit the report on or before January 31to the office of theattorney general for review. The annual report shall include: (1) The date thecomplaint is filed;(2) action taken in response to the complaint; (3) the decision upondisposition of the complaint;and (4) the date the complaint is closed. Annual reports filed pursuant tothis subsection shall beopen public records and shall be posted on the official website of the attorneygeneral.

      History:   L. 2005, ch. 159, § 5; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article46 > Statutes_12605

22-4610

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 46.--GENERAL PROVISIONS

      22-4610.   Same; policies preempting profiling,requirements; annual reports of complaints.(a) All law enforcement agencies in this state shall adopt adetailed, written policyto preempt racial profiling. Each agency's policy shall include the definitionof racial profilingfound inK.S.A.22-4606, and amendments thereto.

      (b)   Policies adopted pursuant to this section shall be implemented by allKansas lawenforcement agencies within one year after the effective date of this act. Thepolicies and datacollection procedures shall be available for public inspection during normalbusiness hours.

      (c)   The policies adopted pursuant to this section shall include, but not belimited to, thefollowing:

      (1)   A prohibition of racial profiling.

      (2)   Annual educational training which shall include, but not be limited to,an understanding of the historical and cultural systems that perpetuate racialprofiling, assistance inidentifying racial profiling practices, and providing officers withself-evaluation strategies topreempt racial profiling prior to stopping a citizen.

      (3)   For law enforcement agencies of cities of the first class,establishment or use of currentindependent citizen advisory boards which include participants who reflect theracial and ethniccommunity, to advise and assist in policy development, education and communityoutreach andcommunications related to racial profiling by law enforcement officers andagencies.

      (4)   Policies for discipline of law enforcement officers and agencies whoengage in racialprofiling.

      (5)   A provision that, if the investigation of a complaint of racial profilingreveals the officer was in direct violation of the law enforcement agency'swritten policies regarding racialprofiling, the employing law enforcement agency shall take appropriate actionconsistent withapplicable laws, rules and regulations, resolutions, ordinances or policies,including demerits,suspension or removal of the officer from the agency.

      (6)   Provisions for community outreach and communications efforts to informthe publicof the individual's right to file with the law enforcement agency or theKansas human rights commission complaints regarding racial profiling, whichoutreach and communications to thecommunityshall include ongoing efforts to notify the public of the law enforcementagency's complaintprocess.

      (7)   Procedures for individuals to file complaints of racial profiling withthe agency,which, if appropriate, may provide for use of current procedures for addressingsuch complaints.

      (d)   Each law enforcement agency shall compile an annual report of allcomplaints ofracial profiling received and shall submit the report on or before January 31to the office of theattorney general for review. The annual report shall include: (1) The date thecomplaint is filed;(2) action taken in response to the complaint; (3) the decision upondisposition of the complaint;and (4) the date the complaint is closed. Annual reports filed pursuant tothis subsection shall beopen public records and shall be posted on the official website of the attorneygeneral.

      History:   L. 2005, ch. 159, § 5; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article46 > Statutes_12605

22-4610

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 46.--GENERAL PROVISIONS

      22-4610.   Same; policies preempting profiling,requirements; annual reports of complaints.(a) All law enforcement agencies in this state shall adopt adetailed, written policyto preempt racial profiling. Each agency's policy shall include the definitionof racial profilingfound inK.S.A.22-4606, and amendments thereto.

      (b)   Policies adopted pursuant to this section shall be implemented by allKansas lawenforcement agencies within one year after the effective date of this act. Thepolicies and datacollection procedures shall be available for public inspection during normalbusiness hours.

      (c)   The policies adopted pursuant to this section shall include, but not belimited to, thefollowing:

      (1)   A prohibition of racial profiling.

      (2)   Annual educational training which shall include, but not be limited to,an understanding of the historical and cultural systems that perpetuate racialprofiling, assistance inidentifying racial profiling practices, and providing officers withself-evaluation strategies topreempt racial profiling prior to stopping a citizen.

      (3)   For law enforcement agencies of cities of the first class,establishment or use of currentindependent citizen advisory boards which include participants who reflect theracial and ethniccommunity, to advise and assist in policy development, education and communityoutreach andcommunications related to racial profiling by law enforcement officers andagencies.

      (4)   Policies for discipline of law enforcement officers and agencies whoengage in racialprofiling.

      (5)   A provision that, if the investigation of a complaint of racial profilingreveals the officer was in direct violation of the law enforcement agency'swritten policies regarding racialprofiling, the employing law enforcement agency shall take appropriate actionconsistent withapplicable laws, rules and regulations, resolutions, ordinances or policies,including demerits,suspension or removal of the officer from the agency.

      (6)   Provisions for community outreach and communications efforts to informthe publicof the individual's right to file with the law enforcement agency or theKansas human rights commission complaints regarding racial profiling, whichoutreach and communications to thecommunityshall include ongoing efforts to notify the public of the law enforcementagency's complaintprocess.

      (7)   Procedures for individuals to file complaints of racial profiling withthe agency,which, if appropriate, may provide for use of current procedures for addressingsuch complaints.

      (d)   Each law enforcement agency shall compile an annual report of allcomplaints ofracial profiling received and shall submit the report on or before January 31to the office of theattorney general for review. The annual report shall include: (1) The date thecomplaint is filed;(2) action taken in response to the complaint; (3) the decision upondisposition of the complaint;and (4) the date the complaint is closed. Annual reports filed pursuant tothis subsection shall beopen public records and shall be posted on the official website of the attorneygeneral.

      History:   L. 2005, ch. 159, § 5; July 1.