This bill aims to eliminate racial profiling in law enforcement activities and sentencing. It introduces a new chapter, 106-O, to the RSA, defining "profiling" as the practice of relying solely on characteristics such as race, ethnicity, color, national origin, nationality, language, sex, gender identity, sexual orientation, political affiliation, religion, socioeconomic status, or disability for investigatory activities or determining the scope 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 the use of 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 section 7-a, which 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 and report data on the race and ethnicity of defendants sentenced to imprisonment of one year or more since 2000. This report, which includes detailed statistical data on the treatment of nonwhite persons, is to be submitted annually to various judicial and legislative bodies and made available to the public. The bill also requires the superintendent of each county house of corrections to collect and report similar data. The fiscal note indicates that the bill will have an indeterminable impact on state and county expenditures, and it does not authorize new positions or provide additional funding to cover estimated expenditures. The act will take effect 60 days after its passage.

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