Annotations:
Statute (Federal/State)
- Title VI of Civil Rights Act of 1964, 42 U.S.C.A. § 2000d (West)
This Federal statute was enacted in July of 1964. It is part of the Civil Rights Act of 1964 that addressed acts of discrimination towards African Americans. The 1964 Act ended Jim Crow laws that were prevalent in many southern states throughout the Country. The statute specifically prohibits discrimination based on race, color, or national origin under any program or activity receiving Federal financial assistance. The statute is important in large part because it is Federal law and will thus trump State laws that are inconsistent with it. The statute will serve as a foundation to support the prohibition of racial profiling by police officers. It is a good indicator that the mindset of the lawmakers in this Country is shifting towards a nation that does not discriminate against any particular groups simply based on their race. The Federal statute served as a model for many State statutes that prohibited the same type of discrimination at the State level.
- TX CRIM PRO Art. 2.131
This Texas state statute became effective September 1, 2001. This statute expressly prohibits the use of racial profiling by peace officers. The statute is brief and direct. It only addresses the issue of racial profiling and illustrates that a problem existed and that Texas is making strides to correct the problem. Texas is a state that borders Mexico and as a result has a large population of Mexican-Americans and Mexican aliens as compared to other states. The high number of Mexican-Americans and aliens may have increased the likelihood that police officers were engaging in the practice of racial profiling. This statute is useful to show that the practice of racial profiling is prevalent enough for states to begin to enact statutes to prohibit the practice. The statute also indicates that state governments and law makers believe that the practice is discriminatory and has a disparate impact on a group of individuals.
- W. Va. Code Ann. § 30-29-10 (West)
This West Virginia state statute became effective June 11, 2010. The statute prohibits racial profiling by any law enforcement officer. The statute is very detailed and does not leave a lot of room for interpretation. It defines law enforcement officers “as any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality thereof.” It even goes a step further and defines what the legislature considered to be racial profiling. “The term “racial profiling” means the practice of a law-enforcement officer relying, to any degree, on race, ethnicity, or national origin in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law-enforcement activity following the initial routine investigatory activity.” The statute is not ambiguous which will not lend it to litigation based on loopholes or semantics. The statute also gives guidance on how an officer who engages in racial profiling should be disciplined. The statute gives some legislative history and policy concerns in regards to the practice of racial profiling. It is a newly enacted statute that is addressing an ever more prevalent issue in the state.
