SENATE CONCURRENT RESOLUTION NO. 61
(By Senators Foster, Palumbo, Laird, Plymale and Wells)
Requesting the Joint Committee on Government and Finance study the
results of the Racial Profiling Data Collection Act.
Whereas, The West Virginia Legislature adopted the Racial
Profiling Data Collection Act during its 2004 regular session; and
Whereas, Legislative rules governing the study were adopted in
2006 and the study itself was conducted between April, 2007, and
September, 2008; and
Whereas, Information based on over 300,000 traffic stops by
city police, sheriff's deputies and state troopers throughout West
Virginia has shown that African-American and Hispanic motorists on
West Virginia highways are proportionately more likely to be
stopped and searched than caucasian drivers; and
Whereas, This matter should be studied from several different
perspectives, including, but not limited to:
(1) The negative impact racial profiling has on the
credibility of law enforcement within minority communities; and
(2) Further investigation with the results of the study to
determine why a disproportionate percentage of roadside searches
conducted produced no incriminating contraband; and
(3) The negative impact racial profiling has on the image of
West Virginia and that of its political subdivisions; and
(4) The position of the Legislature to raise awareness about
racial profiling and the rights of motorists in regard to being
stopped and searched on West Virginia highways; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the results of the Racial Profiling Data
Collection Act; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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