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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Osborne
HOUSE BILL NO. 370
AN ACT TO CREATE THE "RACIAL PROFILING PREVENTION ACT"; TO 1
DEFINE CERTAIN TERMS; TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM 2
ENGAGING IN RACIAL PROFILING; TO REQUIRE LAW ENFORCEMENT AGENCIES 3
TO DEVELOP POLICIES PROHIBITING TRAFFIC STOPS MOTIVATED BY A MOTOR 4
VEHICLE OPERATOR'S PERSONAL CHARACTERISTICS; TO REQUIRE LAW 5
ENFORCEMENT AGENCIES TO COLLECT CERTAIN INFORMATION RELATING TO 6
TRAFFIC STOPS AND TO SUBMIT COPIES OF COMPLAINTS ALLEGING RACIAL 7
PROFILING TO THE LOCAL DISTRICT ATTORNEY; TO REQUIRE THE 8
INFORMATION REGARDING TRAFFIC STOPS AND COMPLAINTS ALLEGING RACIAL 9
PROFILING TO BE COMPILED INTO A REPORT FOR THE GOVERNOR AND 10
LEGISLATURE BY THE ATTORNEY GENERAL; TO REQUIRE THE ATTORNEY 11
GENERAL TO PREPARE FORMS FOR THE SUBMISSION OF THESE REPORTS FROM 12
LAW ENFORCEMENT AGENCIES; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. This act shall be known and may be cited as the 15
"Racial Profiling Prevention Act." 16
SECTION 2. The following words and phrases have the meanings 17
ascribed in this section unless the context clearly indicates 18
otherwise: 19
(a) "Law enforcement agency" means the sheriff's office 20
of any county, the police department of any municipality or town, 21
or the Department of Public Safety. 22
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(b) "Law enforcement officer" means a sworn officer of 23
a law enforcement agency. 24
(c) "Racial profiling" means the detention, 25
interdiction or other disparate treatment of an individual solely 26
on the basis of their actual or perceived race, color, ethnicity, 27
national origin, age, gender, religion, sexual orientation, gender 28
identity or immigration status. 29
SECTION 3. (1) A law enforcement officer may not engage in 30
racial profiling. 31
(2) Every law enforcement agency shall adopt a written 32
policy that prohibits the stopping, detention or search of any 33
person when the action is motivated solely by considerations of 34
actual or perceived race, color, ethnicity, national origin, age, 35
gender, religion, sexual orientation, gender identity or 36
immigration status. 37
SECTION 4. (1) Every law enforcement agency shall record 38
and retain the following information: 39
(a) The number of people stopped for traffic 40
violations; 41
(b) Characteristics of race, color, ethnicity, gender, 42
religion and age of anyone stopped for a traffic violation, if the 43
identification of those characteristics is based on the 44
observation and perception of the law enforcement officer 45
responsible for reporting the stop; the information may not be 46
required to be provided by the person stopped; 47
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(c) The nature of the alleged traffic violation that 48
resulted in the stop; 49
(d) The outcome of the stop, whether a warning or 50
citation was issued, an arrest was made, or a search was 51
conducted; and 52
(e) Any additional information that may be required by 53
rules and regulations promulgated by the Attorney General. 54
(2) Every law enforcement agency shall transmit promptly to 55
the district attorney in the local jurisdiction: 56
(a) A copy of each complaint received which alleges 57
racial profiling; and 58
(b) Written notification of the review and disposition 59
of the complaint. 60
(3) Every law enforcement agency shall transmit to the 61
Attorney General an annual report of the information recorded 62
pursuant to this section, in such form as the Attorney General may 63
prescribe. The Attorney General shall compile this information 64
and report it to the Governor and the Legislature, including any 65
observations or recommendations, before January 1 of each year. 66
(4) If a law enforcement agency fails to comply with this 67
section, the Attorney General must order an appropriate penalty in 68
the form of withholding state funds from the law enforcement 69
agency. 70
SECTION 5. (1) The Attorney General shall develop and 71
distribute the following two (2) forms: 72
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ST: Racial Profiling Prevention Act; create.
(a) A form, in both printed and electronic format, to 73
be used by law enforcement officers during a traffic stop to 74
record personal information about the operator of the motor 75
vehicle stopped, the location of the stop, the reason for the 76
stop, and other information required by this act. 77
(b) A form, in both printed and electronic format, to 78
be used to report complaints by people who believe they were 79
subjected to a motor vehicle stop by a law enforcement officer 80
solely on the basis of their actual or perceived race, color, 81
ethnicity, national origin, age, gender or sexual orientation. 82
(2) If all the information required by this section is 83
captured by a law enforcement agency's systems and transmitted to 84
the Attorney General in a manner that the Attorney General deems 85
appropriate, separate forms are not required to be used by that 86
law enforcement agency. 87
SECTION 6. This act may not be interpreted to require state 88
or local government officials to take any action that violates 89
federal law. The provisions of this act are severable, and if any 90
phrase, clause, sentence or provision is declared to be invalid or 91
is preempted by federal law or regulation, the validity of the 92
remainder of this act is not affected. 93
SECTION 7. This act shall take effect and be in force from 94
and after July 1, 2026. 95