On June 30, 2023, P.L. 2023 Ch. 368 was enacted, requiring the Office of the Attorney General ("OAG") to adopt rules in furtherance of Title 5, Chapter 337-D (sections 4751-4755): Profiling and Data Collection, which requires and governs collection and reporting of traffic stop data statewide for the purpose of identifying and eliminating any profiling by law enforcement. Those rules, found at C.M.R. 26, 239, ch. 500, set forth how law enforcement officers are to report traffic stop information based on an officer's observation and perception of the stopped person's race, color, ethnicity, gender, and age (collectively referred to as "perceived characteristic data" throughout this report), as well as whether the stop resulted in a warning, citation, search, and/or arrest. Specifically, the rules define the perceived characteristic data points for collection, set quarterly deadlines for collected data submission to the OAG, and establish how long law enforcement agencies must retain the data.
The profiling and data collection statute further directs that by January 15th of each year beginning in 2025, "the Attorney General shall provide to the joint standing committees of the Legislature having jurisdiction over judiciary matters and criminal justice and public safety matters and make available to the public a report of the information collected pursuant to this chapter. The report must include an analysis of the information and may include recommendations for changes in laws, rules and practices." (Title 5, section 4754)