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B.A.D. Focuses Support on US Defenders/NCOM Motorcycle Profiling Legislation
Posted on May 25, 2012
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 https://mail.google.com/mail/h/1wtfkdh572plz/?&v=b&cs=wh&to=badbikerrights%40yahoo.com. As well, send
comments of support for the bill to usdefenders.org and
www.aimncom.com/ncom/ :
A BILL
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
motorcycle profiling.
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.
(b) REPORTS.-
(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
motorcycle profiling.
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.
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