This bill prohibits the use of racial profiling in law enforcement activities and sentencing. It defines profiling as the practice of relying on race, ethnicity, color, national origin, and other factors in selecting a person for investigatory activities or determining the scope of an investigation. The bill prohibits law enforcement agencies from engaging in racial profiling and states that race and ethnicity cannot be factors in determining probable cause or reasonable suspicion. The bill also requires the Attorney General to review traffic stops and complaints related to racial profiling and submit annual reports on the prevalence and disposition of these incidents. Additionally, the bill prohibits the consideration of race and ethnicity in determining sentences and requires the collection of data on the race and ethnicity of defendants sentenced to imprisonment of one year or more. The Department of Corrections and county house of corrections must produce annual reports on this data. The fiscal impact of the bill is currently indeterminable, as the Department of Justice and other agencies have not provided information on potential costs. However, the Department of Corrections estimates that it would need an additional program specialist position to meet the administrative requirements of the bill. The Department of Safety also notes that depending on the interpretation of the bill, it may result in a fiscal impact on the Division of State Police. The New Hampshire Association of Counties states that the bill would require software updates and additional administrative support, resulting in an indeterminable increase in county expenditures.

Statutes affected:
Introduced: 30-B:4