20-504 Written policy; records maintained; immunity.
20-504. Written policy;records maintained; immunity.(1) On or before January1, 2002, the Nebraska State Patrol, the county sheriffs, all city and villagepolice departments, and any other law enforcement agency in this state shalladopt a written policy that prohibits the detention of any person or a motorvehicle stop when such action is motivated by racial profiling and the actionwould constitute a violation of the civil rights of the person.(2) With respect to a motor vehicle stop, on and after January1, 2002, and until January 1, 2014, the Nebraska State Patrol,the county sheriffs, all city and village police departments, and any otherlaw enforcement agency in this state shall record and retain the followinginformation 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 personstopped. The identification of such characteristics shall be based on theobservation and perception of the law enforcement officer responsible forreporting the motor vehicle stop and the information shall not be requiredto be provided by the person stopped;(c) If the stop is for a law violation, the nature of thealleged 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 notinclude 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 otherlaw enforcement agency in this state, as the case may be, deems appropriate.(3) The Nebraska Commission on Law Enforcement and CriminalJustice may develop a uniform system for receiving allegations of racial profiling.The Nebraska State Patrol, the county sheriffs, all city and village policedepartments, and any other law enforcement agency in this state shall provideto the commission (a) a copy of each allegation of racial profiling receivedand (b) written notification of the review and disposition of such allegation.No information revealing the identity of the law enforcement officer involvedin the stop shall be used, transmitted, or disclosed in violation of any collective-bargainingagreement provision or personnel rule under which such law enforcement officeris employed. No information revealing the identity of the complainant shallbe used, transmitted, or disclosed in the form alleging racial profiling.(4) Any law enforcement officer who in good faith recordsinformation on a motor vehicle stop pursuant to this section shall not beheld civilly liable for the act of recording such information unless the lawenforcement officer's conduct was unreasonable or reckless or in some waycontrary to law.(5) On or before October 1, 2002, and annually thereafteruntil January 1, 2014, the Nebraska State Patrol,the county sheriffs, all city and village police departments, and all otherlaw enforcement agencies in this state shall provide to the commission, insuch form as the commission prescribes, a summary report of the informationrecorded pursuant to subsection (2) of this section.(6) On and after January 1, 2002, and until April 1, 2014, the commission may, within the limitsof its existing appropriations, provide for a review of the prevalence anddisposition of motor vehicle stops based on racial profiling and allegationsreported pursuant to this section. The results of such review shall be reportedannually to the Governor and the Legislature beginning on or before April1, 2004, until April 1, 2014. SourceLaws 2001, LB 593, § 4; Laws 2004, LB 1162, § 2; Laws 2006, LB 1113, § 19; Laws 2010, LB746, § 1.Effective Date: July 15, 2010