New Hampshire 2024 Regular Session

New Hampshire House Bill HB596

Introduced
1/12/23  
Refer
1/12/23  
Engrossed
3/21/23  
Refer
3/21/23  
Refer
5/16/23  
Refer
5/18/23  
Report Pass
12/18/23  
Report Pass
2/7/24  
Enrolled
7/23/24  
Chaptered
8/7/24  

Caption

Prohibiting the use of racial profiling in law enforcement activities and in sentencing.

Impact

The bill introduces significant changes to state laws concerning law enforcement practices and the criminal justice system. It requires that law enforcement agencies in New Hampshire cannot engage in racial profiling, thereby mandating that they rely on specific articulable facts when applying investigative practices. This change intends to ensure that the treatment of individuals in law enforcement contexts is based on fair criteria rather than discriminatory practices. Additionally, it mandates the collection of data on race and ethnicity in sentencing, which the department must report annually, helping identify and address any existing disparities.

Summary

House Bill 596, also known as the Racial Profiling Prohibition Act, aims to prohibit the use of racial profiling in law enforcement activities and sentencing across the state. The bill defines racial profiling specifically, indicating that it involves relying solely on certain characteristics, such as race or ethnicity, to determine whether an individual is subjected to investigatory activities by law enforcement. By establishing this prohibition, the bill seeks to promote fairness and equality in law enforcement processes, aiming to enhance public trust in law enforcement and reduce systemic discrimination.

Sentiment

The sentiment surrounding HB 596 appears to be largely supportive among advocates for racial justice and equity, who view the bill as a necessary step toward combating racial discrimination in law enforcement and sentencing practices. Opponents, however, may express concerns over the implementation of the bill, questioning the feasibility of enforcement without a clear definition of punitive measures for non-compliance, which complicates the conversation around the effectiveness and practicality of the law in real-world situations.

Contention

Notable points of contention include debates over the implications of interpreting what constitutes racial profiling in daily law enforcement practices. Some may argue that the nuances of policing require a certain level of discretion that could conflict with the rigid standards set by the bill. There are also concerns about potential fiscal impacts on law enforcement budgets, as government agencies will need to update their data collection procedures and possibly hire additional administrative staff to comply with the new reporting requirements. This administrative burden raises questions about how effectively the law can be implemented without creating undue strain on local and state resources.

Companion Bills

NH HB596

Carry Over Prohibiting the use of racial profiling in law enforcement activities and in sentencing.

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