SB 538

This bill provides that any bill that creates a new crime, modifies an existing

crime, or modifies the penalty for an existing crime must have a racial impact

statement. The racial impact statement must be prepared by the Joint Review

Committee on Criminal Penalties (JRCCP). Under the bill, JRCCP may obtain the

assistance of any agency in the executive branch of state government in preparing

the racial impact statement.

The bill requires that a racial impact statement include an estimate of the

number of criminal cases per year that the bill will affect, the impact of the bill on

members of racial minority groups, the effect of the bill on the operations of

correctional institutions, and any other matter JRCCP considers appropriate. In

preparing the racial impact statement, JRCCP must also issue a finding as to

whether the bill has a disparate impact on members of racial minority groups. The

racial impact statement must be printed as an appendix to the bill and distributed

in the same manner as amendments.

Under the bill, if JRCCP finds that a bill will have a disparate impact on

members of racial minority groups, the author of the bill must either offer an

amendment to the bill to reduce the disparate impact of the bill on members of racial

minority groups or provide in writing his or her reasons for advancing the bill

without amendment despite the disparate impact of the bill on members of racial

minority groups.

Finally, under the bill, no house of the legislature may pass a bill that creates

a new crime, modifies an existing crime, or modifies the penalty for an existing crime

without a racial impact statement and without any applicable actions required of the

bill's author.