This bill aims to prohibit racial profiling in law enforcement activities and sentencing. It introduces a new chapter, Chapter 106-O, which defines "profiling" as the practice of relying solely on characteristics such as race, ethnicity, color, national origin, and other specified attributes when selecting individuals for investigatory activities or determining the extent of law enforcement action. The bill explicitly prohibits state, county, municipal law enforcement agencies, and officers from engaging in racial profiling. However, it allows for reliance on physical descriptions, including race and ethnicity, when there is a specific complaint or reliable information linking a person to a crime.

Additionally, the bill amends RSA 651 by adding a new section that prohibits racial disparity in sentencing, ensuring sentences are proportional to the crime without considering the defendant's race or ethnicity. It mandates the commissioner of the department of corrections to collect data on the race and ethnicity of defendants sentenced to imprisonment of one year or more since 2000 and to produce an annual report starting September 1, 2023. This report, which includes detailed statistical data on the treatment of nonwhite persons, is to be submitted to various judicial and legislative bodies and made available to the public. The superintendent of each county house of corrections is also required to produce a similar annual report beginning November 1, 2024. The act is set to take effect 60 days after its passage, with an effective date of October 1, 2024.

Statutes affected:
Introduced: 30-B:4
As Amended by the Senate: 30-B:4
As Amended by the Senate (2nd): 30-B:4
Version adopted by both bodies: 30-B:4
CHAPTERED FINAL VERSION: 30-B:4