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Police May Have To Collect Racial Profiling Data

A Milwaukee Police officer. | Photo: Milwaukee Journal Sentinel

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Story Created: Jun 15, 2009

Story Updated: Jun 15, 2009

Police May Have To Collect Racial Profiling Data

MADISON, Wis. (AP) -- Every police department in the state, not just those in the most populated counties, would have to track the race of people they pull over starting in 2011 under a new requirement approved by the Legislature's budget committee on Tuesday.

The Joint Finance Committee broadened the reporting requirement to all state and local police agencies statewide, instead of just in the 11 most populated counties as Gov. Jim Doyle originally proposed. Republicans objected, saying there wasn't a problem with racial profiling and that an order to collect the information would be a burden on police, especially smaller departments.

"This is not a problem in much of Wisconsin," said Rep. Robin Vos, R-Racine.

Doyle wanted to collect the information to determine the pervasiveness of racial profiling. Wisconsin has struggled for years with a higher-than-average percentage of minorities in prison. A commission studying the issue reported last year that black people make up only 6 percent of Wisconsin's population, yet they comprise 43 percent of its prison population.

Democrats on the committee said there was no harm in merely collecting information.

"If there's no problem, then we have nothing to fear from the data we're collecting," said Rep. Cory Mason, D-Racine. Collecting the information will help address the perception held by many minorities who believe they are being targeted and who distrust the criminal justice system, he said.

"Racial profiling does happen in Wisconsin," said Rep. Tamara Grigsby, D-Milwaukee, one of two black lawmakers on the committee, both of whom supported the data collection. "I will tell you unequivocally that is the case."

The Democratic-controlled Legislature must approve the requirement, and Doyle has to sign it, before it becomes law.

Under the plan, police would be required to collect traffic-stop data and send it to the state's Office of Justice Assistance. That office would analyze the information and determine whether racial profiling is occurring.

The office would also determine the type of data to be collected, under what circumstances it must be gathered, and the type of analysis to be done.

Republicans attempted unsuccessfully to do away with the requirement or to limit it only to Milwaukee County.

"We should use our discretion and target the areas where we think we have a problem," said Sen. Alberta Darling, R-River Hills. "We want to make sure that our law enforcement is focused with a laser beam on public safety."

The committee approved the statewide data-collection requirement on a partisan 12-4 vote.

The provision complements another Doyle proposal already approved by the committee that allows police to stop people for not wearing seat belts. Those concerned about racial profiling have expressed concerns police could use that as an excuse to pull over minorities.

In other action, the committee also approved increasing the background-check fee for handgun purchases from $8 to $13. Doyle had wanted to increase it to $30.

Republicans criticized the move as unfairly taxing people who are legally buying guns.

The state Justice Department does handgun background checks and the FBI does it on long-rifle buyers.

Last year the state received 47,373 requests for background checks and approved all but 591 of them.

The $8 fee has not increased since its inception 18 years ago.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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