Policy Resolution LJE-15-39

WHEREAS, studies conducted in Boston and New York have shown that African Americans are disproportionately targeted by police in traffic stops, stop-and-frisks, and general police-civilian interactions;

WHEREAS, according to the New York Civil Liberties Union, New Yorkers have been subjected to police stops and street interrogations more than 4 million times since 2002 under the “stop and frisk” policy, and Black and Latino communities continue to be the overwhelming target of these tactics; furthermore, nearly 9 out of 10 stop-and-frisks of New Yorkers did not result in arrest, summons, or contraband;

WHEREAS, data released by the Illinois State Police has shown that Black drivers are between 1.8 and 3.2 times more likely than White drivers to be consent-searched, even though White drivers were over than 2.5 times more likely to have contraband found in their car;

WHEREAS, according to the American Civil Liberties Union, an African American is 3.7 times more likely to be arrested for possession of marijuana than a Caucasian;

WHEREAS, the total number of civilian deaths as a result of police interaction is not reliably reported into the federal database, studies show that from 2005 to 2012, an African American was killed nearly twice a week, every week by a White police officer;

WHEREAS, unconscious racial and gender biases must be addressed in order to eliminate disparities;

WHEREAS, the details of fatal interaction between civilians and law enforcement officers are often subject to dispute, at best, resulting in increased tension between communities and law enforcement;

WHEREAS, a lack of video and audio recordings of police-civilian interactions frequently leaves citizen complainants without the necessary evidence to meet the preponderance standard required in misconduct cases, or an even higher standard for criminal complaints;

WHEREAS, video evidence has superior value in the prosecution of police-involved homicides and excessive force cases;

WHEREAS, body and dash-mounted cameras (body cams) have also captured footage that has exonerated officers in incidents that initially appeared questionable;

WHEREAS, body cams could also gather valuable evidence in complex situations, such as domestic disturbances or in large crowds;

WHEREAS, the use of body cams by law enforcement officers has the potential to clear up many future disagreements over the justification of uses of force;

WHEREAS, body cams could also shed light on alleged civil rights abuses beyond uses of force;

WHEREAS, there is compelling research showing that body cams dramatically reduce both civilian complaints against officers and the use of force by officers;

WHEREAS, a growing number of jurisdictions have implemented body camera use or are conducting studies to determine the benefits of their use;

WHEREAS, a study of the Rialto Police Department, in Rialto, California, found that the department had an 88 percent decline in officer complaints and a 60 percent decline in uses of force after the deployment of body cams;

WHEREAS, the clearing up of disagreements, the prosecution of unlawful uses of force, the exoneration of wrongly-accused officers, and the reduction in uses of force mean that the widespread and proper adoption of body cams by law enforcement agencies has the potential to substantially improve relationships between communities and law enforcement agencies and officers;

WHEREAS, these potential benefits of body cameras are desperately needed in many communities represented by NBCSL members; and

WHEREAS, the National Black Caucus of State Legislators assembles annually to discuss public policy issues of import to African American and vulnerable communities, and to the nation as a whole.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) urges police departments to quickly adopt the use of body mounted cameras across the country;

BE IT FURTHER RESOLVED, that NBCSL supports cultural competency training for law enforcement agencies that includes implicit or unconscious bias in efforts to improve officer effectiveness, community engagement, and diversity initiatives to increase the number of minority applicants to law enforcement agencies;

BE IT FURTHER RESOLVED, that NBCSL supports fair and equitable policing policies that do not infringe upon individuals’ rights or target civilians without just cause;

BE IT FURTHER RESOLVED, that NBCSL members will enlist input from their constituents regarding legislative action in statehouses to ensure their action plan emanates from the will of the people, so that the constituents’ voices speak through legislation that will guide their communities’ authorities;

BE IT FURTHER RESOLVED, that NBCSL urges the U.S. Department of Justice to use its grant programs, such as Justice Assistance Grant (JAG) Program and Community-Oriented Policing Services (COPS), to encourage and incentivize police departments to purchase body cameras and provide additional training to overcome unconscious racial bias among their officers; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

• SPONSOR: Representative Eric Johnson (TX)
• Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
• Certified by Committee Chair: Representative Reginald Meeks (KY)
• Ratified in Plenary Session: Ratification Date is December 12, 2014
• Ratification is certified by: Representative Joe Armstrong (TN), President