Miami-Dade Legislative Item
File Number: 131777
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File Number: 131777 File Type: Resolution Status: Adopted
Version: 0 Reference: R-817-13 Control: Board of County Commissioners
File Name: END RACIAL PROFILING Introduced: 9/10/2013
Requester: NONE Cost: Final Action: 10/1/2013
Agenda Date: 10/1/2013 Agenda Item Number: 11A3
Notes: Title: RESOLUTION URGING CONGRESS TO ENACT LEGISLATION MAKING IT ILLEGAL TO PROFILE AN INDIVIDUAL BASED ON RACE OR GENDER; URGING CONGRESS TO ENACT THE END RACIAL PROFILING ACT, S. 1038, H.R. 2851 OR SIMILAR LEGISLATION PROHIBITING LAW ENFORCEMENT AGENCIES FROM ENGAGING IN RACIAL PROFILING AND MANDATING TRAINING FOR FEDERAL LAW ENFORCEMENT OFFICIALS ON RACIAL PROFILING ISSUES
Indexes: RACIAL PROFILING
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Jean Monestime, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/1/2013 11A3 Adopted P

County Attorney 9/10/2013 Assigned Jess M. McCarty 9/10/2013

Legislative Text


TITLE
RESOLUTION URGING CONGRESS TO ENACT LEGISLATION MAKING IT ILLEGAL TO PROFILE AN INDIVIDUAL BASED ON RACE OR GENDER; URGING CONGRESS TO ENACT THE END RACIAL PROFILING ACT, S. 1038, H.R. 2851 OR SIMILAR LEGISLATION PROHIBITING LAW ENFORCEMENT AGENCIES FROM ENGAGING IN RACIAL PROFILING AND MANDATING TRAINING FOR FEDERAL LAW ENFORCEMENT OFFICIALS ON RACIAL PROFILING ISSUES

BODY
WHEREAS, Trayvon Martin, a 17 year old African-American resident of MiamiDade County, was needlessly shot and killed by George Zimmerman on February 26, 2012 in Sanford, Florida; and
WHEREAS, George Zimmerman disregarded instructions by a police dispatcher to stop following Trayvon Martin, who was unarmed and holding a bag of Skittles candy and Arizona Iced Tea at the time of the incident; and
WHEREAS, following the shooting, police questioned Zimmerman but did not arrest him; and
WHEREAS, six weeks later Zimmerman was arrested and charged with murder; and
WHEREAS, on July 13, 2013, a jury found Zimmerman not guilty of second-degree murder and manslaughter charges; and
WHEREAS, Trayvon Martin is one of too many young, black males who have been victimized because of the perception that their race, color, ethnicity, gender or national origin has a direct correlation to criminal behavior; and
WHEREAS, although Trayvon Martinís death was not the result of a law enforcement encounter, the question of whether he was a victim of racial bias cannot be separated from the law enforcement profiling debate; and
WHEREAS, studies have shown that racial profiling results in the misallocation of law enforcement resources and a failure to identify actual crimes that are planned and committed; and
WHEREAS, by relying on stereotypes rather than proven investigative procedures, the lives of innocent people are needlessly harmed by law enforcement agencies and officials; and
WHEREAS, as is evident by the Trayvon Martin shooting and other recent events across the nation, racial profiling is a pervasive and harmful practice that negatively impacts both individuals and communities; and
WHEREAS, racial profiling also results in a loss of trust and confidence in local, state, and federal law enforcement; and
WHEREAS, although most people are taught from an early age that the role of law enforcement is to fairly defend and guard communities from people who want to cause harm to others, this fundamental message is often contradicted when these same defenders are seen as unnecessarily and unjustifiably harassing innocent citizens; and
WHEREAS, criminal investigations are flawed and hindered because people and communities impacted by these stereotypes are less likely to cooperate with law enforcement agencies they have grown to mistrust; and
WHEREAS, Miami-Dade County already has taken steps to eliminate racial profiling locally; and
WHEREAS, on October 3, 2000, the Board approved Resolution No. 1090-00 setting policy for Miami-Dade County that racial profiling is prohibited and requiring traffic stops by the Miami-Dade Police Department to be based solely on legal grounds; and
WHEREAS, in the wake of the Trayvon Martin tragedy, a pair of bills have been filed in Congress that would address racial profiling nationally; and
WHEREAS, Senator Benjamin L. Cardin (D - Maryland) filed S. 1038 and Representative John Conyers, Jr. (D - Michigan) has filed H.R. 2851, both entitled the End Racial Profiling Act of 2013; and
WHEREAS, passage by Congress of the End Racial Profiling Act is needed to put an end to racial profiling by law enforcement officials and to ensure that individuals are not prejudicially stopped, investigated, arrested, or detained based on their race, ethnicity, national origin or religion; and
WHEREAS, the End Racial Profiling Act would establish a prohibition on racial profiling, enforceable by declaratory or injunctive relief; and
WHEREAS, this legislation also would mandate training for federal law enforcement officials on racial profiling issues; and
WHEREAS, as a condition of receiving federal funding, state, local, and Indian tribal law enforcement agencies would be required to collect data on both routine and spontaneous investigatory activities; and
WHEREAS, the Department of Justice would be authorized to provide grants to state and local law enforcement agencies for the development and implementation of best policing practices, such as early warning systems, technology integration and other management protocols that discourage profiling; and
WHEREAS, the End Racial Profiling Act would require the Attorney General to issue periodic reports to Congress assessing the nature of any ongoing racial profiling; and
WHEREAS, passage of the End Racial Profiling Act will ensure that federal, state, and local law enforcement agencies are prohibited from impermissibly considering race, ethnicity, national origin or religion in carrying out law enforcement activities; and
WHEREAS, this Board supports passage of the End Racial Profiling Act,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges Congress to enact legislation making it illegal to profile an individual based on race or gender.
Section 2. Urges Congress to enact the End Racial Profiling Act of 2013, S. 1038, H.R. 2851 or similar legislation prohibiting law enforcement agencies from engaging in racial profiling and mandating training for federal law enforcement officials on racial profiling issues.
Section 3. Directs the Clerk of the Board to transmit a certified copy of this resolution to the members of the Florida Congressional Delegation, Senator Benjamin Cardin and Congressman John Conyers, Jr.
Section 4. Directs the Countyís federal lobbyists to advocate for the passage of this legislation set forth in Sections 1 and 2 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2013 Federal Legislative Package to include this item and to include this item in the 2014 Federal Legislative Package when it is presented to the Board.



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