<br><br> <br>Page 1 of 2 <br>15A.195 Prohibition against racial profiling -- Model policy -- Local law <br>enforcement agencies' policies. <br>(1) No state law enforcement agency or official shall stop, detain, or search any person <br>when such action is solely motivated by consideration of race, color, or ethnicity, <br>and the action would constitute a violation of the civil rights of the person. <br>(2) The secretary of the Justice and Public Safety Cabinet, in consultation with the <br>Kentucky Law Enforcement Council, the Attorney General, the Department of <br>Criminal Justice Training, the secretary of the Transportation Cabinet, the <br>Department of Kentucky State Police, the secretary of the Energy and Environment <br>Cabinet, and the secretary of the Public Protection Cabinet, shall design and <br>implement a model policy to prohibit racial profiling by state law enforcement <br>agencies and officials. <br>(3) The Kentucky Law Enforcement Council shall disseminate the established model <br>policy against racial profiling to all sheriffs and local law enforcement officials, <br>including local police departments, city councils, and fiscal courts. All local law <br>enforcement agencies and sheriffs' departments are urged to implement a written <br>policy against racial profiling or adopt the model policy against racial profiling as <br>established by the secretary of the Justice and Public Safety Cabinet within one <br>hundred eighty (180) days of dissemination of the model policy. A copy of any <br>implemented or adopted policy against racial profiling shall be filed with the <br>Kentucky Law Enforcement Council and the Kentucky Law Enforcement <br>Foundation Program Fund. <br>(4) (a) Each local law enforcement agency that participates in the Kentucky Law <br>Enforcement Foundation Program fund under KRS 15.420 in the <br>Commonwealth shall implement a policy banning the practice of racial <br>profiling that meets or exceeds the requirements of the model policy <br>disseminated under subsection (3) of this section. The local law enforcement <br>agency's policy shall be submitted by the local law enforcement agency to the <br>secretary of the Justice and Public Safety Cabinet within one hundred eighty <br>(180) days of dissemination of the model policy by the Kentucky Law <br>Enforcement Council under subsection (3) of this section. If the local law <br>enforcement agency fails to submit its policy within one hundred eighty (180) <br>days of dissemination of the model policy, or the secretary rejects a policy <br>submitted within the one hundred and eighty (180) days, that agency shall not <br>receive Kentucky Law Enforcement Foundation Program funding until the <br>secretary approves a policy submitted by the agency. <br>(b) If the secretary of the Justice and Public Safety Cabinet approves a local law <br>enforcement agency's policy, the agency shall not change its policy without <br>obtaining approval of the new policy from the secretary of the Justice and <br>Public Safety Cabinet. If the agency changes its policy without obtaining the <br>secretary's approval, the agency shall not receive Kentucky Law Enforcement <br>Foundation Program funding until the secretary approves a policy submitted <br>by the agency. <br><br> <br>Page 2 of 2 <br>(5) Each local law enforcement agency shall adopt an administrative action for officers <br>found not in compliance with the agency's policy. The administrative action shall be <br>in accordance with other penalties enforced by the agency's administration for <br>similar officer misconduct. <br>Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 19, effective July 15, 2010. -- Amended <br>2007 Ky. Acts ch. 85, sec. 48, effective June 26, 2007. -- Created 2001 Ky. Acts <br>ch. 158, sec. 1, effective June 21, 2001. <br><br>