HB 123 Voted down on the Senate Floor
No Profiling Law in Idaho This Year
A great effort by the motorcycling community was made this year to institute a motorcycle profiling law in the Idaho State Legislature. It was introduced in the House of Representatives as HB123 and passed unanimously with 69 Ayes, 0 Nays and 1 Absent. However, on the Senate floor the bill failed with 13 Ayes, 22 Nays and 0 absent.
Arguments against the bill stated that many law enforcement entities have been contacted and no complaints of profiling have been filed. Senator Foreman District 5 stated “I took some time, made the rounds, talked to a number of senior law enforcement officials in the area, they’re not aware of a multitude of complaints about this topic. People aren’t coming in and expressing their concerns. I’ve talked to rank and file patrol officers as well, again they’re not aware of all these complaints.” Senator Foreman also stated “As a former law enforcement officer, I am insulted by this bill.” Senator Lodge District 11 stated “I’ve checked with the State Police, the Canyon County Sheriff, Meridian, Boise Chief’s, Twin Falls Chief’s and I’ve talked to others, and they have no filed complaints from motorcyclists of profiling.” Senator Lodge also stated “Even the leaders of the motorcycle group could not give me information on complaints being filed about being profiled in Idaho.” Lodge also stated “We do not profile in Idaho.” Senator Bair District 31 read a letter from Sheriff Craig Rowland. “My thoughts on this bill of past are these. A person who is stopped for probable cause, who is a motorcycle gang member wearing colors, are going to take us to court and cite this profiling law. We already have a hard enough time to do our jobs without the legislature making the law like this.”
Other arguments against the bill were that this bill should apply to all people within Idaho, not to the select few that choose to ride motorcycles. Senator Burgoyne District 16 made a motion to amend HB123 to the 14th Order but that motion did not gain enough votes to carry.
Arguments for the bill did, in fact, help the case that there is profiling present within law enforcement entities. Senator Agenbroad District 13 opened with “I’ve spoken with several friends in law enforcement who stated hearance to this definition is consistent with patrol best practices. They agree that profiling is not an acceptable practice. While they’re many examples of what we’re talking about, this bill is about the future, not about the past. The goal today is to take a step toward improving the relationship between law enforcement and the motorcycle community. This bill can serve as a training marker between the two communities to improve relations. In fact, this bill has already started the conversations. The division administrator at POST, Victor McCraw has extended an invitation to the motorcycle community, to provide motorcycles and people to assist POST at their facility while profiling training.” Senator Rice District 10 referred to an incident where a vehicle with Oregon State license plates that read KRONIK. “The Police report stated that the reason for pulling the vehicle over was the license plate said KRONIK.” Senator Davis District 33 related to an incident where he believed he had been profiled, because the vehicle he was driving had Senate issued license plates. Senator Davis did not recollect whether a formal complaint had been filed with the police department. Senator Buckner-Webb District 19 argued “My concern is, one of the justifications was many police departments have no reporting that profiling has occurred, well I must share with you that oftentimes of one down or targeted population or population that feels targeted does not feel safe to report it or feel that it will be heard.”
Below is the roll call of votes taken from http://lso.legislature.idaho.gov/MediaPub/2017/Chambers/SenateDailyJournal03-15-2017.pdf page 5
Roll call resulted as follows:
AYES–Agenbroad, Anthon, Bayer, Brackett, Buckner-Webb, Crabtree, Den Hartog, Guthrie, Hagedorn, Heider, Lee, Martin, Nonini. Total - 13.
NAYS–Bair, Burgoyne, Davis, Foreman, Harris, Hill, Johnson, Jordan, Keough, Lakey, Lodge, Mortimer, Nye, Patrick, Rice, Siddoway, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder. Total - 22.
Paired and voting included in roll call: AYE - Brackett NAY - Vick
Total - 35.
Senate kills anti-motorcycle profiling bill,
Anti-motorcycle profiling bill clears Senate
panel, heads to full Senate
Motorcycle Profiling in Idaho
As the “Two Wheel Advocate” goes to press a motorcycle profiling bill is advancing through the legislature. This bill, brought forward by ABATE, passed the House Judiciary Committee unanimously and on February 27 passed the House with a floor vote of 69-0-1. The bill was introduced by District 12 Representative Robert Anderst who then carried it to the floor. David Devereaux of Washington State, the leading proponent of the “Motorcycle Profiling Project”, as well as ICMS Government Affairs Officer, Lane Triplett, spoke in favor of the bill in committee.
All who spoke made it clear that this is not an attack on law enforcement. There are but a few that practice profiling. All peace officers take an oath promising not to take part in such activities. This proposed law reiterates the oath.
As HB 123 moves on to the Senate Judiciary and Rules committee, the hearing room is expected to again be filled with leather clad motorcyclists as it was in the House committee. It seems promising that this practice will soon be ended. If passed, Idaho will become the third state in the nation to do so. Kudos to the hard work of ABATE.
The following is the full bill text:
HOUSE BILL NO. 123
BYJUDICIARY, RULES AND ADMINISTRATION COMMITTEE
RELATING TO MOTORCYCLES; AMENDING CHAPTER 14, TITLE 49, IDAHO CODE, BY THE
ADDITION OF A NEW SECTION 49-1431, IDAHO CODE, TO PROVIDE THAT LAW EN- FORCEMENT SHALL NOT ENGAGE IN MOTORCYCLE PROFILING AND TO DEFINE A TERM.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That Chapter 14, Title 49, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 49-1431, Idaho Code, and to read as follows:
49-1431. MOTORCYCLE PROFILING. (1) No state or local law enforcement agent or law enforcement agency shall engage in motorcycle profiling.
(2) For purposes of this section, "motorcycle profiling" means the arbitrary use of 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 under the constitution of the United States or the constitution of the state of Idaho.
Idaho House panel unanimously backs
‘motorcycle profiling’ bill
Passing 15 MPH faster than Posted Speed
House Bill 132
Motorcycle Profiling House Bill 123
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