ALABAMA TROOPERS TACT PROGRAM 8-5-14

(Joe Songer/jsonger@al.com).

(JOE SONGER)

Ferguson, North Charleston and Baltimore. State Sen. Rodger Smitherman doesn't want an Alabama city added to this list of places dealing with unrest and violence between their black residents and police officers.

"I think we need to not wait until those situations happen in this state before we react," he said, which is why he has filed legislation in an attempt to stamp out racial profiling in traffic stops.

Smitherman, who is black, said he has been racially profiled in his own Birmingham neighborhood. Officers have pulled him over without stating a reason and let him go after running his driver's license, he said.

Racial profiling is illegal but happens every day, he said.

Smitherman's legislation, Senate Bill 192, passed its first hurdle on Wednesday by receiving a favorable report from the Senate Judiciary Committee. He hopes the bill will be debated on the Senate floor this week.

During Wednesday's meeting, Smitherman, a Democrat, told committee members that black men wearing dark clothes, a hat or black sunglasses will be pulled over by police.

"You are profiled like you are some hardened criminal or something," he said.

Sen. Vivian Figures, D-Mobile, who sits on the committee, said her sons, who are black, have been the victims of racial profiling as well.

Smitherman's legislation will require law enforcement agencies to adopt a written policy that prohibits the stopping, detention, or search of any motorist when the action is solely motivated by race, color, ethnicity, age, gender, or sexual orientation, and the action would constitute a violation of the civil rights of the person.

Law enforcement agencies must track the demographic information, including ethnic origin, gender and age, of motorists they pull over for a traffic stop.

Agencies would also have to keep data on the alleged traffic violation that resulted in traffic stops and whether a warning or citation was issued or if an arrest or search of vehicle occurred.

This data will be sent to the Alabama Attorney General's Office annually. Law enforcement agencies may have their funds withheld or incur other penalties for violations or for not complying.

Sen. Larry Stutts, R- Sheffield, expressed concerns about police departments in rural parts of the state not having the staff and capabilities to draft a policy and keep the appropriate records.

Smitherman said the information requested through the legislation isn't unreasonable.

Sen. Rodger Smitherman, D-Birmingham (Tamika Moore/AL.com FILE)

"The prevailing thing about it is that all peoples' lives matter," he told AL.com. "It matters. if this (bill) prevents one person from being killed in a situation like (in Baltimore), if it prevents one situation where you don't have the destroying of communities and public property and ... places that provide jobs" --then it is worth it.

Robertsdale Police Chief Brad Kendrick, who serves as the president of the Alabama Association of Chiefs of Police, said he hasn't reviewed the legislation, but what would be required shouldn't be a burden for most police departments.

The Uniform Traffic Ticket and eCitation, an electronic ticketing program, whch many departments now use already asks for demographic information, he said. The Robertsdale Police Department uses eCitation, which sends the traffic ticket directly to the Alabama Law Enforcement Agency.

Kendrick said he can't speak for every police department, but he doesn't think racial profiling is happening in Baldwin County. "We treat everyone the same," he said, adding officers have to have probable cause for pulling someone over.

"Racial profiling is illegal," he said. "It's wrong. You get to the point though is it racial profiling or is it being proactive in law enforcement? That is a debate that will continue on."

By proactive, Kendrick means an officer questioning a person deemed suspicious or a person meeting the description of a crime suspect.

The American Civil Liberties Union of Alabama applauds the Senate Judiciary Committee for giving Smitherman's bill a favorable report. The organization fully supports the bill.

"Racial profiling is a national epidemic as evidenced by recent events across this country," ACLU of Alabama Executive Director Susan Watson said. "This legislation will help to root out discriminatory practices by documenting demographics of the motorists. If patterns are found, authorities will be able to take appropriate steps to correct the situation and apply disciplinary actions as deemed fit."