KRS § 15A.195 — KY Code / Title III / Chapter 15A / Section 15A.195
15A.195 Prohibition against racial profiling -- Model policy -- Local law enforcement agencies' policies
Status: in_force

15A.195 Prohibition against racial profiling -- Model policy -- Local law

enforcement agencies' policies.

(1) No state law enforcement agency or official shall stop, detain, or search any person

when such action is solely motivated by consideration of race, color, or ethnicity,

and the action would constitute a violation of the civil rights of the person.

(2) The secretary of the Justice and Public Safety Cabinet, in consultation with the

Kentucky Law Enforcement Council, the Attorney General, the Department of

Criminal Justice Training, the secretary of the Transportation Cabinet, the

Department of Kentucky State Police, the secretary of the Energy and Environment

Cabinet, and the secretary of the Public Protection Cabinet, shall design and

implement a model policy to prohibit racial profiling by state law enforcement

agencies and officials.

(3) The Kentucky Law Enforcement Council shall disseminate the established model

policy against racial profiling to all sheriffs and local law enforcement officials,

including local police departments, city councils, and fiscal courts. All local law

enforcement agencies and sheriffs' departments are urged to implement a written

policy against racial profiling or adopt the model policy against racial profiling as

established by the secretary of the Justice and Public Safety Cabinet within one

hundred eighty (180) days of dissemination of the model policy. A copy of any

implemented or adopted policy against racial profiling shall be filed with the

Kentucky Law Enforcement Council and the Kentucky Law Enforcement

Foundation Program Fund.

(4) (a) Each local law enforcement agency that participates in the Kentucky Law

Enforcement Foundation Program fund under KRS 15.420 in the

Commonwealth shall implement a policy banning the practice of racial

profiling that meets or exceeds the requirements of the model policy

disseminated under subsection (3) of this section. The local law enforcement

agency's policy shall be submitted by the local law enforcement agency to the

secretary of the Justice and Public Safety Cabinet within one hundred eighty

(180) days of dissemination of the model policy by the Kentucky Law

Enforcement Council under subsection (3) of this section. If the local law

enforcement agency fails to submit its policy within one hundred eighty (180)

days of dissemination of the model policy, or the secretary rejects a policy

submitted within the one hundred and eighty (180) days, that agency shall not

receive Kentucky Law Enforcement Foundation Program funding until the

secretary approves a policy submitted by the agency.

(b) If the secretary of the Justice and Public Safety Cabinet approves a local law

enforcement agency's policy, the agency shall not change its policy without

obtaining approval of the new policy from the secretary of the Justice and

Public Safety Cabinet. If the agency changes its policy without obtaining the

secretary's approval, the agency shall not receive Kentucky Law Enforcement

Foundation Program funding until the secretary approves a policy submitted

by the agency.

(5) Each local law enforcement agency shall adopt an administrative action for officers

found not in compliance with the agency's policy. The administrative action shall be

in accordance with other penalties enforced by the agency's administration for

similar officer misconduct.