22-4606. Racial and other profiling; definitions.

22-4606

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 46.--GENERAL PROVISIONS

      22-4606.   Racial and other profiling;definitions.As used in this act:

      (a)   "Governmental unit" means the state, or any county, city or otherpolitical subdivisionthereof, or any department, division, board or other agency of any of theforegoing.

      (b)   "Law enforcement agency" means the governmental unit employing the lawenforcement officer.

      (c)   "Law enforcement officer" has the meaning ascribed thereto in K.S.A.74-5602, andamendments thereto.

      (d)   "Racial profiling" means the practice of a law enforcement officer oragency relying,as the sole factor, on race, ethnicity, national origin, gender or religiousdress in selecting whichindividuals to subject to routine investigatory activities, or in deciding uponthe scope andsubstance of law enforcement activity following the initial routineinvestigatory activity. Racialprofiling does not include reliance on such criteria in combination with otheridentifyingfactors when the law enforcement officer or agency is seeking to apprehend aspecific suspectwhose race, ethnicity, national origin, gender or religious dress is part ofthe description of thesuspect.

      (e)   "Routine investigatory activities" includes, but is not limited to, thefollowingactivities conducted by law enforcement officers and agencies in conjunctionwith traffic stops:(1) Frisks and other types of body searches, and (2) consensual ornonconsensual searches ofpersons or possessions, including vehicles, dormitory rooms, school lockers,homes andapartments.

      (f)   "Collection of data" means that information collected by Kansas lawenforcementofficers after each traffic [stop].

      History:   L. 2005, ch. 159, § 1; July 1.