B.A.D. has decided, after careful study of the bill-draft I received for feedback & suggestions, to focus support for the “End Motorcycle Profiling Act of 2013” created by the NCOM Legislative Task Force and National Legislative Liaison to the US Defenders, to be submitted to Congress.
A request for public interview on the bill proposed has been sent by Hammerin Hank to the US Defenders Spokesperson, Paul Landers, to be a guest on the Spirit of Bikers Radio first Sunday in June. We hope to have a public forum at that time to cover the bills essence.
Please review the bill as proposed below and feel free to comment support here at FreeOnePercenter or send to firstname.lastname@example.org. As well, send comments of support for the bill to usdefenders.org and www.aimncom.com/ncom/ :
To eliminate motorcycle profiling by law enforcement
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE
This Act may be cited as the “End Motorcycle Profiling Act of 2013”.
SEC. 2. DEFINITIONS
In this Act:
(1) Motorcycle Profiling.- The term “motorcycle profiling” means the practice of a law enforcement agent or agency using the fact that a person rides a motorcycle or wears motorcycle related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis under the United States Constitution.
(2) Law Enforcement Agent.- The term “law enforcement agent” means any Federal, State, local, or Indian tribal official responsible for enforcing criminal or traffic laws, including police officers and other agents of a law enforcement agency. (3) Law Enforcement Agency.- The term “law enforcement agency” means any Federal, State, local, or Indian tribal public agency engaged in the prevention, detection, or investigation of violations of criminal or traffic laws. (4) State.- The term “State” means each or the 50 States and the District of Columbia. (5) Local.- The term “local” means any city, county, township, town, borough, village, parish or other general purpose political subdivision of a State including any law enforcement or judicial enforcement district that is established under State law and any Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior. (6) Indian Tribe.- The term “Indian tribe” has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
TITLE I – PROHIBITION OF MOTORCYCLE PROFILING
EC. 101. PROHIBITION.
No law enforcement agent or law enforcement agency shall engage in
SEC. 102. (a) REMEDY.- The United States, or any individual injured by motorcycle profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States.
(b) PARTIES.- In any action brought under this title, relief may be obtained against-
(1) Any governmental body that employed any law enforcement
agent who engaged in motorcycle profiling;
(2) any agent of such body who engaged in motorcycle profiling;
and (3) any person with supervisory authority over such agent.
(c) NATURE OF PROOF.- Proof that the routine or spontaneous law enforcement activities of law enforcement agents in a jurisdiction have had a disparate impact on motorcyclists shall constitute prima facia evidence of a violation of this title.
(d) ATTORNEY’S FEES,-In any action or proceeding to enforce this title against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert’s fees as part of the attorney’s fee.
TITLE II – DEPARTMENT OF JUSTICE
REGULATIONS AND REPORTS
SEC. 201. ATTORN EY GENERAL TO ISSUE REGULATIONS
(a) REGULATIONS.– The Attorney General shall issue such regulations as the Attorney General determines are necessary to implement this Act.
(1) IN GENERAL.- Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report on motorcycle profiling by law enforcement agencies.
(2) SCOPE.- Each report submitted under paragraph (1) shall
include-(A) the status of the adoption and implementation of policies
and procedures by law enforcement agencies as a result of the
regulations 3!required under section 201.
(B) a description of any other policies and procedures that
the Attorney General believes would facilitate the elimination of
TITLE III- MISCELLANEOUS PROVISIONS
SEC. 301. SEVERABILITY
If any such provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the remaining provisions of this Act to any person or circumstance shall not be affected thereby.
SEC. 202. SAVINGS CLAUSE.
Nothing in this Act shall be construed-
(1) to affect any Federal, State, or tribal law that applies to an
Indian tribe because of the political status of the tribe; or
(2) to waive the sovereign immunity of an Indian tribe without the
consent of the tribe.