44-2-117. Racial profiling prohibited -- definitions. (1) A peace officer may not engage in racial profiling.
     (2) The race or ethnicity of an individual may not be the sole factor in:
     (a) determining the existence of probable cause to take into custody or arrest an individual; or
     (b) constituting a particularized suspicion that an offense has been or is being committed in order to justify the detention of an individual or the investigatory stop of a motor vehicle.
     (3) Each municipal, county, consolidated local government, and state law enforcement agency shall adopt a detailed written policy that clearly defines the elements constituting racial profiling. Each agency's policy must prohibit racial profiling. The policy must include a procedure that the law enforcement agency will use to address complaints concerning racial profiling. The policy must be available for public inspection during normal business hours.
     (4) If an investigation of a complaint of racial profiling reveals that a peace officer was in direct violation of the law enforcement agency's written policy prohibiting racial profiling, the law enforcement agency shall take appropriate action against the peace officer consistent with applicable laws, rules, ordinances, or policies.
     (5) For the purposes of this section, the following definitions apply:
     (a) "Peace officer" has the meaning provided in 46-1-202.
     (b) "Racial profiling" means the detention, official restraint, or other disparate treatment of an individual solely on the basis of the racial or ethnic status of the individual.

     History: En. Sec. 1, Ch. 302, L. 2003.