Signed Into Law: Rep. Cote's Bill to Prohibit Bias-Based Profiling

Bravo to all concerned on this one. House Bill 428, which prohibits racial and bias-based profiling practices by law enforcement, was signed by Gov. Bill Richardson yesterday. The bill, sponsored by Rep. Nathan Cote (D-Las Cruces), had 32 cosponsors and the support of multiple organizations throughout the legislative process. New Mexico is the 23rd state to implement a biased-based profiling law.

The law makes it illegal for law enforcement to rely on race, ethnicity, color, national origin, nationality, language, sex, gender identity, sexual orientation, political affiliation, religion, socioeconomic status or disability to select a person for routine or spontaneous investigatory activities. It requires law enforcement agencies to publish the policies and procedures designed to eliminate profiling. It also requires the Attorney General to establish independent procedures for investigating complaints of biased-based profiling by law enforcement. The law goes into effect December 2009.

Rep. Cote commented on the bill's enactment in a statement released yesterday. "Law enforcement has a tough and often thankless job. Criminals must be caught and punished, and in many cases rehabilitated. This includes, but is not limited to, violent acts against others, drug smuggling, and the increase of gang activities. But when innocent and free people because of their race, color, ethnicity, religion, and so on are interrogated without a reasonable suspicion that they've committed a crime, they then become distrustful and fearful of those hardworking law enforcement officers sworn to protect us."

"I'm hopeful that the statements on stereotypical profiling, the law enforcement training mandates, and finally complaints and resolutions to those complaints collected and analyzed by the Attorney General's Office are worthwhile," Rep. Cote continued. "I hope they result in law enforcement agencies and community members becoming more trustful of each other and help to facilitate their partnership in the fight against criminal activities. I believe it is good public policy to protect the constitutional freedoms of everyone including the minority groups within our state's diverse population while at the same time supporting law enforcement."

Among the organizations that have shown support for the legislation are the NAACP, LULAC, Drug Policy Alliance New Mexico, Somos Un Pueblo Unido, Family Justice Campaign, Conference of Churches, and The Alliance of Peace and Justice. Twenty-two other states have already adopted biased-based profiling statutes. Another five are working on similar legislation for their states.