Pubdate: Tue, 29 Jun 1999 Source: New Haven Register (CT) Copyright: 1999, New Haven Register Contact: http://www.ctcentral.com/cgi-bin/w3com/start?ctcentral+FrontPage Forum: http://www.ctcentral.com/ Author: Christopher Hoffman RACIAL PROFILING NOW ILLEGAL AS ROWLAND INKS BILL INTO LAW HARTFORD - Gov. John G. Rowland signed into law Monday a landmark bill that makes racial profiling illegal and allows the state to cut off funds to police departments caught engaging in the practice. "This bill sends a message that individual rights will be secured and preserved in Connecticut," said Rowland at a signing ceremony attended by legislative leaders and the state's top law enforcement officials. "This is going to be a national piece of legislation, I hope, a model for other states to follow." State Sen. Alvin Penn, D-Bridgeport, the primary force behind the new law, praised Rowland, a Republican, for his strong backing of the bill. Rowland, unlike governors in other states, has acknowledged profiling is a problem and agreed to address it, Penn said. "Today the Constitution State does an affirmation that no one is above the law, but, better yet, no one is beneath the law," Penn said. "I applaud the governor for taking the initiative." Profiling is the police practice of targeting a certain ethnic group for motor vehicle stops on the premise that members of that group are more likely to commit crimes. Under the U.S. Constitution, police may only stop drivers if they have "probable cause" to believe a law has been broken. Black and other minority drivers have long contended profiling is common in the state, especially in predominantly white suburbs. Speakers noted Connecticut is only the second state after North Carolina pass a law addressing racial profiling, and its law is much tougher. Under the bill, the state Department of Public Safety and local police departments must come up with a written policy on racial profiling by Jan. 1. In addition, the bill requires police departments to record the race of every motorist stopped by its officers. The agencies must present that data to the state which will then issue a yearly report starting in 2002. Police departments found to have used profiling will face the loss of their state funding. The law also creates a complaint mechanism for people who believe they've been a victim of profiling. Under the law, such complaints must be investigated. Several high-profile incidents in the New Haven area brought racial profiling to the forefront of public debate in recent years. In 1997, a white East Haven police officer shot and killed Malik Jones, who was black, after chasing him into New Haven for motor vehicle violations. A state investigation concluded the controversial shooting was justified. A suit filed by Jones' family contends, among other things, that Jones was a victim of profiling. Police in Trumbull and Milford have also been accused of targeting minority drivers for traffic stops. Roger Vann, head of the state NAACP who attended Monday's ceremony, called the new law a major step forward in the fight against racism. He credited publicity surrounding Jones' death and Rowland's backing for getting the new law passed. "I think we caught lightning in a bottle," Vann said. "It's a good day for everyone who's suffered the silent humiliation of being pulled over as a result of a racially-motivated traffic stop." But New Haven police Sgt. Louis G. Cavalier said he feared politicians drafted the bill based on public outcries without truly understanding how the law will work or be enforced. "We don't agree with profiling in any way shape or form," said Cavalier, president of New Haven Police Union Local No. 530, "but I don't think the bill is going to correct anything they think is wrong. "Are they passing a bill to pacify people without an understanding of what they're creating?" Cavalier said the bill will steal an officer's discretion on whether to issue a ticket since black politicians who supported the bill chronicled traffic stops where they said they thought they were stopped because they were black and then not charged with anything. "You're going to force police officers now, no matter what the circumstances, to give a ticket," Cavalier said. Penn praised his fellow lawmakers for their overwhelming and bipartisan support for the measure. He and Kevin Sullivan of West Hartford, the state Senate's top Democrat, noted attempts to pass similar legislation in other states have bogged down in controversy. "In New Jersey, they had to have a lawsuit," Sullivan said. "In Connecticut, we worked together." Register reporter William Kaempffer contributed to this story. - --- MAP posted-by: Derek Rea