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12-12-1403. Policies.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1403. Policies.
(a) The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, all county sheriffs' departments, municipal police departments, constables, and all other law enforcement agencies of this state shall adopt a written policy that:
(1) Prohibits racial profiling as defined in § 12-12-1401;
(2) Requires that law enforcement officers have reasonable suspicion prior to a stop, arrest, or detention;
(3) Defines reasonable suspicion to ensure that individuals are stopped for valid reasons and that race, ethnicity, national origin, or religion is not the basis for stops for violations for which nongroup members would not be stopped;
(4) Requires law enforcement officers to identify themselves by full name and jurisdiction and state the reason for the stop and when possible present written identification;
(5) Provides for a systematic review process by supervising personnel within a department or law enforcement agency for investigating allegations of racial profiling to determine whether any officers of the law enforcement agency have a pattern of stopping or searching persons, and if the review reveals a pattern, requires an investigation to determine whether a trend is present indicating that an officer may be using race, ethnicity, national origin, or religion as a basis for investigating other violations of criminal law;
(6) When a supervisor or other reviewer has detected a pattern of racial profiling, provides timely assistance, remediation, or discipline for individual law enforcement officers who have been found to be profiling by race, ethnicity, national origin, or religion;
(7) Ensures that supervisors will not retaliate against officers who report racial profiling by ot
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-12-1403
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 36479f77fce4eadeb427859bb4ce2ea7ec4587b4c7a3f64160c073f167581137
Source location: content.xml paragraph 6852
Stored source content
12-12-1403. Policies.
(a) The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, all county sheriffs' departments, municipal police departments, constables, and all other law enforcement agencies of this state shall adopt a written policy that:
(1) Prohibits racial profiling as defined in § 12-12-1401;
(2) Requires that law enforcement officers have reasonable suspicion prior to a stop, arrest, or detention;
(3) Defines reasonable suspicion to ensure that individuals are stopped for valid reasons and that race, ethnicity, national origin, or religion is not the basis for stops for violations for which nongroup members would not be stopped;
(4) Requires law enforcement officers to identify themselves by full name and jurisdiction and state the reason for the stop and when possible present written identification;
(5) Provides for a systematic review process by supervising personnel within a department or law enforcement agency for investigating allegations of racial profiling to determine whether any officers of the law enforcement agency have a pattern of stopping or searching persons, and if the review reveals a pattern, requires an investigation to determine whether a trend is present indicating that an officer may be using race, ethnicity, national origin, or religion as a basis for investigating other violations of criminal law;
(6) When a supervisor or other reviewer has detected a pattern of racial profiling, provides timely assistance, remediation, or discipline for individual law enforcement officers who have been found to be profiling by race, ethnicity, national origin, or religion;
(7) Ensures that supervisors will not retaliate against officers who report racial profiling by others; and
(8) Provides standards for the use of in-car audio and visual equipment, including the duration for which the recordings are preserved.
(b)(1) Each law enforcement agency shall include a copy of the law enforcement agency's policy in the annual report that the law enforcement agency submits to Arkansas Legislative Audit.
(2) Arkansas Legislative Audit shall submit to the Attorney General the name of any law enforcement agency that fails to comply with subdivision (b)(1) of this section, and the Attorney General shall take such action as may be necessary to enforce this section.
(3) Arkansas Legislative Audit shall forward to the Attorney General a copy of each law enforcement agency's policy received by Arkansas Legislative Audit. The Attorney General shall review each law enforcement agency's policy to ensure that the law enforcement agency's policy meets the standards required by law.
(c)(1) Each law enforcement agency may promote public awareness of the law enforcement agency's efforts to comply with the mandates of this section.
(2) In addition, each law enforcement agency shall make available for public inspection a copy of the law enforcement agency's policy.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1401. Definition.
(a) As used in this subchapter, “racial profiling” means the practice of a law enforcement officer's relying to any degree on race, ethnicity, national origin, or religion in selecting which individuals to subject to routine investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity.
(b) “Racial profiling” does not include reliance on the criteria in combination with other identifying factors when the law enforcement officer is seeking to apprehend a specific suspect whose race, ethnicity, or national origin is part of the description of the suspect and the description is thought to be reliable and locally relevant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1401. This identifies an authority to review, not proof of applicability.