The bill aims to eliminate racial profiling in law enforcement activities and sentencing. It introduces a new chapter, 106-N, which defines "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 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 the use of physical descriptions, including race and ethnicity, when there is a specific complaint or reliable information linking a person to a criminal incident.

Additionally, the bill amends RSA 651 by adding a new section that prohibits racial disparity in sentencing, ensuring that sentences are proportional to the crime without considering the defendant's race or ethnicity. It mandates the collection and reporting of data on the race and ethnicity of defendants sentenced to imprisonment of one year or more since 2000 by the commissioner of the department of corrections and the superintendent of each county house of corrections. These reports, which include detailed statistical data, are to be submitted annually to various authorities and made available to the public. The bill is set to take effect 60 days after its passage. Fiscal notes indicate that the state impact is indeterminable, and there is no new funding or authorization for new positions to implement the bill. The New Hampshire Association of Counties has noted that the bill may result in an indeterminable increase in county expenditures due to the need for inmate booking software updates and additional administrative support.

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