20-504. Written racial profiling prevention policy; contents; Nebraska Commission on Law Enforcement and Criminal Justice; powers; duties; motor vehicle stop; record of information; failure to comply, effect; immunity; law enforcement officer, prosecutor, defense attorney, or probation officer; report required.
(1) The Nebraska State Patrol, the county sheriffs, all city and village police departments, and any other law enforcement agency in this state shall adopt and provide a copy to the Nebraska Commission on Law Enforcement and Criminal Justice of a written policy that prohibits the detention of any person or a motor vehicle stop when such action is motivated by racial profiling. Such racial profiling prevention policy shall include definitions consistent with section 20-503 and one or more internal methods of prevention and enforcement, including, but not limited to:
(a) Internal affairs investigation;
(b) Preventative measures including extra training at the Nebraska Law Enforcement Training Center focused on avoidance of apparent or actual racial profiling;
(c) Anti-bias and implicit bias training and testing designed to minimize apparent or actual racial profiling;
(d) Early intervention with any particular personnel determined by the administration of the agency to have committed, participated in, condoned, or attempted to cover up any instance of racial profiling; and
(e) Disciplinary measures or other formal or informal methods of prevention and enforcement.
None of the preventative or enforcement measures shall be implemented contrary to the collective-bargaining agreement provisions or personnel rules under which the member or officer in question is employed.
(2) The Nebraska Commission on Law Enforcement and Criminal Justice may develop and distribute a suggested model written racial profiling prevention policy for use by law enforcement agencies, but the commission shall not mandate the adoption of the model policy except for any particular law enforcement agency which fails to timely create and provide to the commission a policy for the agency in conformance with the minimum standards set forth in this section.
(3) With respect to a motor vehicle stop, on and after January 1, 2002, the Nebraska State Patrol, the county sheriffs, all city and village police departments, and any other law enforcement agency in this state shall record and retain the following information using the form developed and promulgated pursuant to section 20-505:
(a) The number of motor vehicle stops;
(b) The characteristics of race or ethnicity of the person stopped. The identification of such characteristics shall be based on the observation and perception of the law enforcement officer responsible for reporting the motor vehicle stop and the information shall not be required to be provided by the person stopped;
(c) If the stop is for a law violation, the nature of the alleged law violation that resulted in the motor vehicle stop;
(d) Whether a warning or citation was issued, an arrest made, or a search conducted as a result of the motor vehicle stop. Search does not include a search incident to arrest or an inventory search; and
(e) Any additional information that the Nebraska State Patrol, the county sheriffs, all city and village police departments, or any other law enforcement agency in this state, as the case may be, deems appropriate.
(4) The Nebraska Commission on Law Enforcement and Criminal Justice may develop a uniform system for receiving allegations of racial profiling. The Nebraska State Patrol, the county sheriffs, all city and village police departments, and any other law enforcement agency in this state shall provide to the commission (a) a copy of each allegation of racial profiling received and (b) written notification of the review and disposition of such allegation. No information revealing the identity of the law enforcement officer involved in the stop shall be used, transmitted, or disclosed in violation of any collective-bargaining agreement provision or personnel rule under which such law enforcement officer is employed. No information revealing the identity of the complainant shall be used, transmitted, or disclosed in the form alleging racial profiling.
(5) Any law enforcement officer who in good faith records information on a motor vehicle stop pursuant to this section shall not be held civilly liable for the act of recording such information unless the law enforcement officer's conduct was unreasonable or reckless or in some way contrary to law.
(6) On or before October 1, 2002, and annually thereafter, the Nebraska State Patrol, the county sheriffs, all city and village police departments, and all other law enforcement agencies in this state shall provide to the Nebraska Commission on Law Enforcement and Criminal Justice, in such form as the commission prescribes, a summary report of the information recorded pursuant to subsection (3) of this section.
(7) The Nebraska Commission on Law Enforcement and Criminal Justice shall, within the limits of its existing appropriations, including any grant funds which the commission is awarded for such purpose, provide for an annual review and analysis of the prevalence and disposition of motor vehicle stops based on racial profiling and allegations of racial profiling involved in other detentions reported pursuant to this section. After the review and analysis, the commission may, when it deems warranted, inquire into and study individual law enforcement agency circumstances in which the raw data collected and analyzed raises at least some issue or appearance of possible racial profiling. The commission may make recommendations to any such law enforcement agency for the purpose of improving measures to prevent racial profiling or the appearance of racial profiling. The results of such review, analysis, inquiry, and study and any recommendations by the commission to any law enforcement agency shall be reported annually to the Governor and the Legislature. The report submitted to the Legislature shall be submitted electronically.
(8) Any law enforcement officer, prosecutor, defense attorney, or probation officer, unless restricted by privilege, who becomes aware of incidents of racial profiling by a law enforcement agency, shall report such incidents to the Nebraska Commission on Law Enforcement and Criminal Justice within thirty days after becoming aware of such practice.
(9) If the Nebraska State Patrol, a county sheriff, a city and village police department, or any other law enforcement agency in this state fails, in a material manner, to record or retain information as required by subsection (3) of this section or to provide the information to the Nebraska Commission on Law Enforcement and Criminal Justice as required by subsection (6) of this section, such agency shall be ineligible to receive loans, grants, funds, or donations administered by the commission until the commission determines that such material failure has been corrected.
Source
Structure Nebraska Revised Statutes
20-105 - Transferred to section 20-302.
20-106 - Transferred to section 20-310.
20-107 - Transferred to section 20-318.
20-109 - Transferred to section 20-321.
20-110 - Transferred to section 20-322.
20-112 - Transferred to section 20-324.
20-113.01 - Legislative findings.
20-121 - Transferred to section 20-344.
20-122 - Transferred to section 20-132.
20-123 - Intent, purpose, public policy; freedom of speech.
20-124 - Interference; restraint of freedoms; penalty.
20-125 - Transferred to section 20-301.
20-126.01 - Disability, defined.
20-128 - Pedestrian using cane or service animal; driver of vehicle; duties; violation; damages.
20-129 - Denying or interfering with admittance to public facilities; penalty.
20-130 - White Cane Safety Day; proclamation; Governor issue.
20-131 - Employment by state and political subdivisions; policy.
20-131.01 - Full and equal enjoyment of housing accommodations; statement of policy.
20-131.02 - Housing accommodations; terms, defined.
20-131.03 - Housing accommodations; modification; not required.
20-131.04 - Service animal; access to housing accommodations; terms and conditions.
20-132 - Full and equal enjoyment of accommodations.
20-133 - Places of public accommodation, defined.
20-134 - Discriminatory practices; violation; penalty.
20-135 - Prohibited acts; violation; penalty.
20-136 - Retaliation; discrimination; violation; penalty.
20-137 - Religious preference; not violation of discriminatory practice.
20-138 - Private club or establishment not open to public; applicability of sections.
20-142 - Appeal; procedure; attorney's fees; failure to appeal; effect.
20-144 - Finding by Legislature.
20-148 - Deprivation of constitutional and statutory rights, privileges, or immunities; redress.
20-149 - Consumer reporting agency; furnish information; duty; violation; penalty.
20-152 - Deaf or hard of hearing person; arrest; right to interpreter; use of statements.
20-153 - Proceedings; interpreter provided; when.
20-154 - Appointment of additional interpreters.
20-155 - Proof of hearing impairment.
20-155.01 - Interpreter; oath required.
20-157 - Transferred to section 20-155.01.
20-158 - Interpreter; privilege applicable.
20-163 - Person with developmental disabilities; access to records; conditions.
20-164 - Mentally ill individual; access to records; conditions.
20-165 - Records; redisclosure; conditions.
20-166 - Protection and advocacy system; pursuit of administrative remedies; when required.
20-167 - Discrimination; legislative intent; state agencies; duties.
20-169 - Individual; threat to health or safety; unable to perform duties; effect.
20-201 - Right of privacy; legislative intent.
20-203 - Invasion of privacy; trespass or intrude upon a person's solitude.
20-204 - Invasion of privacy; place person before public in false light.
20-205 - Publication or intrusion; not actionable; when.
20-206 - Right of privacy; defenses and privileges.
20-207 - Invasion of privacy; action; nonassignable.
20-208 - Invasion of privacy; death of subject; effect.
20-209 - Libel, slander, or invasion of privacy; one cause of action.
20-210 - Judgment; bar against other actions.
20-211 - Invasion of privacy; statute of limitations.
20-302 - Civil rights; policy of state.
20-303 - Definitions, where found.
20-304 - Aggrieved person, defined.
20-306 - Complainant, defined.
20-307 - Conciliation, defined.
20-308 - Conciliation agreement, defined.
20-308.01 - Disability, defined.
20-309 - Discriminatory housing practice, defined.
20-311 - Familial status, defined.
20-313 - Transferred to section 20-308.01.
20-317 - Restrictive covenant, defined.
20-318 - Unlawful acts enumerated.
20-320 - Transaction related to residential real estate; discriminatory practices prohibited.
20-323 - Affirmative action required; cooperation with commission.
20-326 - Discriminatory housing practice; complaint; procedure; investigation.
20-327 - Complaint; conciliation; conciliation agreement; effect.
20-328 - Final investigative report; contents; amendment.
20-329 - Conciliation agreement; breach; civil action authorized.
20-330 - Conciliation proceedings; investigations; restrictions on use of information.
20-331 - Temporary or preliminary relief; other proceedings; actions authorized.
20-332 - Complaint; referral to local agency; procedure; certification of local agency.
20-334 - Commission; subpoenas; discovery orders; violations; penalty.
20-335 - Civil action in lieu of hearing; election authorized.
20-337 - Hearing officer; powers and duties; civil penalties; order; effect.
20-338 - Finding, conclusion, or order; review; final order; service.
20-339 - Appeal; enforcement of hearing officer's order; procedure.
20-340 - Civil action in lieu of hearing; relief authorized.
20-341 - Attorney's fees and costs; when allowed.
20-404 - Declaration relating to use of life-sustaining treatment.
20-405 - When declaration operative.
20-406 - Revocation of declaration.
20-407 - Recording determination of terminal condition and declaration.
20-408 - Treatment of qualified patients.
20-409 - Transfer of patients.
20-412 - Miscellaneous provisions.
20-413 - When health care provider may presume validity of declaration.
20-414 - Recognition of declaration executed in another state.
20-415 - Effect of previous declaration.
20-416 - Uniformity of application and construction.
20-501 - Racial profiling; legislative intent.
20-502 - Racial profiling prohibited.
20-506 - Racial Profiling Advisory Committee; created; members; duties.