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TENNESSEE

T. C. A. § 38-1-502   WEST'S TENNESSEE CODE ANNOTATED   TITLE 38. PREVENTION AND DETECTION OF CRIME   CHAPTER 1. MISCELLANEOUS PROVISIONS   PART  5--RACIAL PROFILING PREVENTION ACT [OBSOLETE]   § 38-1-502. Obsolete


Section 38-1-502, which related to definitions and was derived from 2008 Pub.Acts, c. 977, § 2, eff. July 1, 2008, was declared obsolete in 2010.

T. C. A. § 38-1-501   WEST'S TENNESSEE CODE ANNOTATED   TITLE 38. PREVENTION AND DETECTION OF CRIME   CHAPTER 1. MISCELLANEOUS PROVISIONS   PART  5--RACIAL PROFILING PREVENTION ACT [OBSOLETE]   § 38-1-501. Obsolete


Section 38-1-501, which related to the short title of the Racial Profiling Prevention Act and was derived from 2008 Pub.Acts, c. 977, § 1, eff. July 1, 2008, was declared obsolete in 2010.
T. C. A. § 38-1-503   WEST'S TENNESSEE CODE ANNOTATED   TITLE 38. PREVENTION AND DETECTION OF CRIME   CHAPTER 1. MISCELLANEOUS PROVISIONS   PART  5--RACIAL PROFILING PREVENTION ACT [OBSOLETE]   § 38-1-503. Obsolete

Section 38-1-503, which related to the written policy to prohibit racial profiling and was derived from 2008 Pub.Acts, c. 977, § 2, eff. July 1, 2008, was declared obsolete in 2010.

T. C. A. § 45-6-223   WEST'S TENNESSEE CODE ANNOTATED   TITLE 45. BANKS AND FINANCIAL INSTITUTIONS   CHAPTER 6. PAWNBROKERS   PART 2--PAWNBROKERS ACT OF 1988   § 45-6-223. Racial profiling; violations


(a) No law enforcement officer or agency shall use any thumb or other print obtained pursuant to § 45-6-222 for the purpose of racial profiling.

(b)(1) Any person residing within the jurisdiction of the law enforcement officer or agency alleged to have violated this section may petition the chancery or circuit court of the county for injunctive relief under this section.  The court in which the petition is filed shall conduct a show cause hearing to determine if thumb or other prints obtained pursuant to § 45-6- 222 have been used by a law enforcement officer or agency for the purpose of racial profiling.

(2) If the court finds by a preponderance of evidence that a violation of this section has occurred, it shall grant an injunction prohibiting the officer or agency from obtaining thumb or other prints pursuant to § 45-6-222 for the period specified in subsection (c).

(3) If the court finds by a preponderance of evidence that a violation of this section has not occurred, it shall deny the petition for an injunction.

(c)(1) A law enforcement officer or agency who violates this section for the first time shall be enjoined from requesting subpoenas for the production of thumb or other prints pursuant to § 45-6-222 for a period of six (6) months.

(2) A law enforcement officer or agency who violates this section for the second time shall be enjoined from requesting subpoenas for the production of thumb or other prints pursuant to § 45-6-222 for a period of one (1) year.

(3) A law enforcement officer or agency who violates this section for a third or subsequent time shall be permanently enjoined from requesting subpoenas for the production of thumb or other prints pursuant to § 45-6-222.


WEST'S TENNESSEE CODE ANNOTATED   TITLE 4. STATE GOVERNMENT   CHAPTER 7. HIGHWAY PATROL   PART  1--GENERAL PROVISIONS   § 4-7-119. Racial profiling study and pilot project


§ 4-7-119. Racial profiling study and pilot project

(a) Commencing on January 1, 2006, and continuing all through the calendar year, the Tennessee highway patrol, using the form developed and promulgated pursuant to subsection (d), shall record and retain the following information:

(1) The number of persons stopped for traffic violations;

(2) Characteristics of race, color, ethnicity, gender and age of such persons;  provided, that the identification of such characteristics shall be based on the observation and perception of the law enforcement officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped;

(3) The nature of the alleged traffic violation that resulted in the stop;

(4) Whether a warrant or citation was issued, an arrest made or a search conducted as a result of the stop;  and

(5) If a search was conducted, the type of search and the legal basis for that search, and whether contraband was discovered and property was seized.

(b) The Tennessee highway patrol shall begin submitting such data and information to the comptroller of the treasury on a monthly basis, beginning no later than February 1, 2006, by submitting or electronically transferring a copy of the form prescribed by the comptroller of the treasury.

(c) Any law enforcement officer who in good faith records traffic stop information pursuant to the requirements of this section shall not be held civilly liable for the act of recording such information.

(d) The comptroller of the treasury shall, within the limits of existing resources, provide for a review of the prevalence and disposition of traffic stops reported pursuant to this section.  The comptroller of the treasury shall develop and promulgate a form, in both printed and electronic format, to be used by law enforcement officers to which this section applies when making a traffic stop to record personal identifying information about the operator of the motor vehicle that is stopped, the location of the stop, the reason for the stop and other information that is required to be recorded pursuant to subsection (a).  The comptroller of the treasury shall report to the governor and the general assembly the results of such review, including any recommendations, no later than April 1, 2007.

(e) This section shall be in effect from May 19, 2005, until July 1, 2007.

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Vernellia R. Randall
Founder and Editor
Professor Emerita of Law
The University of Dayton School of Law

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