Bill Text: IA HF495 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to law enforcement activities, including the establishment of citizens' review boards to review racial profiling by security agents and requiring peace officers to wear body cameras.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-05 - Subcommittee, Fry, Baudler, and Olson. H.J. 479. [HF495 Detail]
Download: Iowa-2015-HF495-Introduced.html
House File 495 - Introduced HOUSE FILE BY HUNTER A BILL FOR 1 An Act relating to law enforcement activities, including the 2 establishment of citizens' review boards to review racial 3 profiling by security agents and requiring peace officers to 4 wear body cameras. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1545YH (8) 86 jm/nh PAG LIN 1 1 Section 1. NEW SECTION. 13D.1 Racial profiling ==== citizens' 1 2 review board ==== remedies and disciplinary action ==== data 1 3 collection. 1 4 1. As used in this section, unless the context otherwise 1 5 requires: 1 6 a. "Law enforcement agency" means any state, local, or 1 7 tribal law enforcement agency engaged in the prevention, 1 8 detection, or investigation of violations of criminal, 1 9 immigration, or customs laws. "Law enforcement agency" also 1 10 includes a private security business licensed under chapter 1 11 80A, or any other agency providing security at a place of 1 12 business. 1 13 b. "Racial profiling" means the practice of a security agent 1 14 or law enforcement agency relying, to any degree, on race, 1 15 ethnicity, national origin, or religion in selecting which 1 16 individuals are subject to routine or spontaneous investigatory 1 17 activities or in deciding upon the scope and substance of 1 18 law enforcement activity following the initial investigatory 1 19 procedure, except when there is trustworthy information, 1 20 relevant to the locality and time frame, that links a person of 1 21 a particular race, ethnicity, national origin, or religion to 1 22 an identified criminal incident or scheme. 1 23 c. "Security agent" means a peace officer as defined in 1 24 section 801.4, subsection 11, paragraph "a", "b", "c", "f", 1 25 "g", or "h", a certified law enforcement officer under section 1 26 80B.18, a person who is an employee or agent of a private 1 27 security business licensed under chapter 80A, or any other 1 28 person who is designated to provide security at a business. 1 29 2. A security agent or law enforcement agency shall not 1 30 engage in racial profiling. 1 31 3. a. The state and each political subdivision of the 1 32 state shall establish a citizens' review board to review 1 33 complaints of racial profiling made against a law enforcement 1 34 agency or security agent within their respective jurisdiction. 1 35 The majority of the membership of each board shall consist 2 1 of people from minority groups disproportionately impacted 2 2 by racial profiling and persons who are not security agents. 2 3 Each board shall establish policies and procedures designed to 2 4 assist in the elimination of racial profiling. 2 5 b. After review of a racial profiling complaint, a board 2 6 shall inform the complainant of any possible remedies that may 2 7 be available to the complainant. The findings of the citizens' 2 8 review board shall be admissible in any criminal or civil 2 9 proceeding. 2 10 4. A person or the department of justice may bring an action 2 11 in district court to enjoin a violation of this section. 2 12 5. a. If a citizens' review board finds that a security 2 13 agent who is a peace officer or certified law enforcement 2 14 officer described in subsection 1, paragraph "c", engaged in 2 15 racial profiling, the citizens' review board shall notify the 2 16 law enforcement agency with whom the security agent is employed 2 17 and the law enforcement agency shall initiate procedures to 2 18 suspend the security agent from performing the security agent's 2 19 official duties. If such security agent is found to have 2 20 engaged in racial profiling a second time by the board, the law 2 21 enforcement agency shall initiate procedures to suspend the 2 22 security agent for a longer period than the first suspension. 2 23 Upon a third or subsequent finding that such security agent 2 24 has engaged in racial profiling, the law enforcement agency 2 25 shall initiate procedures to dismiss the security agent from 2 26 performing the official duties of the agent. 2 27 b. If the security agent is an employee or agent of a 2 28 private security business licensed under chapter 80A, or 2 29 any other person who is designated to provide security at a 2 30 business, and the board finds the security agent engaged in 2 31 racial profiling, the board shall notify the security agent 2 32 that the security agent has engaged in racial profiling. The 2 33 board shall also provide notification to the employer of the 2 34 agent, if applicable, and the place of business where the 2 35 security agent provides security. 3 1 6. Notwithstanding any other provision of law to the 3 2 contrary, prior to receiving any moneys from the state, 3 3 whether through a grant or otherwise, a law enforcement agency 3 4 shall certify that the agency maintains adequate policies and 3 5 procedures for eliminating any existing practices that permit 3 6 or encourage racial profiling. 3 7 7. a. The department of justice may enter into contracts 3 8 for the collection of data relating to racial profiling and 3 9 for the development of best practices and systems to eliminate 3 10 racial profiling. 3 11 b. The department of justice shall adopt rules pursuant 3 12 to chapter 17A for the collection and compilation of data on 3 13 racial profiling and for the implementation of this section. 3 14 Sec. 2. Section 22.7, subsection 5, Code 2015, is amended 3 15 to read as follows: 3 16 5. Peace officers' investigative reports, and specific 3 17 portions of electronic mail and telephone billing records of 3 18 law enforcement agencies if that information is part of an 3 19 ongoing investigation, except where disclosure is authorized 3 20 elsewhere in this Code. However, the date, time, specific 3 21 location, and immediate facts and circumstances surrounding a 3 22 crime or incident shall not be kept confidential under this 3 23 section, except in those unusual circumstances where disclosure 3 24 would plainly and seriously jeopardize an investigation or pose 3 25 a clear and present danger to the safety of an individual. 3 26 Specific portions of electronic mail and telephone billing 3 27 records may only be kept confidential under this subsection if 3 28 the length of time prescribed for commencement of prosecution 3 29 or the finding of an indictment or information under the 3 30 statute of limitations applicable to the crime that is under 3 31 investigation has not expired. The contents of a body camera 3 32 recording shall be kept confidential and the release of the 3 33 contents of such a recording shall be governed by section 3 34 80C.1. 3 35 Sec. 3. NEW SECTION. 80C.1 Peace officer body cameras ==== 4 1 requirement ==== confidentiality. 4 2 1. As used in this section unless the context otherwise 4 3 requires: 4 4 a. "Agency" means a law enforcement agency. 4 5 b. "Body camera" means an electronic device that is capable 4 6 of recording video and audio data or capable of transmitting 4 7 video and audio data to be recorded remotely, and is worn on 4 8 the person of a peace officer, which includes being attached to 4 9 the officer's clothing or worn on glasses. 4 10 c. "Peace officer" means a peace officer defined in section 4 11 801.4, subsection 11, paragraphs "a", "b", "c", "f", "g", 4 12 "h", and "i". "Peace officer" also includes a certified law 4 13 enforcement officer under section 80B.18. 4 14 2. A peace officer shall wear a body camera at all times 4 15 while on duty and in uniform and shall record using the camera 4 16 all interactions with people in the performance of the official 4 17 duties of the peace officer from the beginning to the end of 4 18 those interactions. 4 19 3. A body camera shall be worn on the chest or at the eye 4 20 level of the peace officer. 4 21 4. A body camera shall not contain facial recognition 4 22 technology unless the use of such technology has been 4 23 authorized by the court pursuant to an arrest warrant or a 4 24 search warrant. 4 25 5. A peace officer shall inform a person when that person 4 26 is being recorded by a body camera unless informing the person 4 27 would be unsafe, impractical, or impossible. 4 28 a. If a peace officer wearing a body camera enters a 4 29 residence without a warrant or where no exigent circumstances 4 30 exist, the peace officer shall immediately ask whether the 4 31 resident desires the peace officer to stop the body camera 4 32 recording while the peace officer is in the residence. If the 4 33 resident responds in the affirmative, the peace officer shall 4 34 stop the body camera recording. The peace officer shall record 4 35 the question required by this paragraph and any answer to the 5 1 question. 5 2 b. If a peace officer wearing a body camera interacts with 5 3 a person reporting a crime, providing information regarding 5 4 a crime or ongoing investigation, or claiming to be a victim 5 5 of a crime, the peace officer shall immediately ask whether 5 6 the person desires the peace officer to stop the body camera 5 7 recording of the interaction. If the person responds in the 5 8 affirmative, the peace officer shall stop the body camera 5 9 recording. The peace officer shall record the question 5 10 required by this paragraph and any answer to the question. 5 11 6. a. Except as otherwise provided in this subsection, an 5 12 agency shall retain the contents of a recording created by a 5 13 body camera for thirty days. 5 14 b. An agency shall retain the contents of a recording 5 15 created by a body camera for three years if any of the 5 16 following apply: 5 17 (1) The recording depicts an incident involving the use of 5 18 force. 5 19 (2) The recording depicts an incident that leads to 5 20 detention or arrest of a person. 5 21 (3) The recording is relevant to a formal or informal 5 22 complaint against a peace officer or agency. 5 23 (4) A request regarding the recording has been made pursuant 5 24 to paragraph "e". 5 25 c. If the contents of a recording created by a body camera 5 26 may be used in a criminal prosecution, the agency shall retain 5 27 the contents of such recording in the same manner as other 5 28 evidence in the criminal prosecution and the time period to 5 29 retain the contents of the recording under paragraph "a" or "b" 5 30 shall be extended to equal the time period for the retention of 5 31 other evidence that may be use in the criminal prosecution. 5 32 d. An agency shall post on the public internet site of the 5 33 agency its policies relating to the retention of recordings 5 34 created by body cameras, requests for the retention of the 5 35 recordings, and requests for copies of such recordings. 6 1 e. (1) A person described in subparagraph (3) may request 6 2 that the contents of a recording created by a body camera be 6 3 retained by the agency for three years. Such a person is not 6 4 required to file a complaint or the contents of the recording 6 5 are not required to be part of an investigation in order for a 6 6 person to make a request under this paragraph. 6 7 (2) A person described in subparagraph (3) may view and make 6 8 a copy of the contents of a recording created by a body camera. 6 9 The agency retaining the contents of the recording shall 6 10 provide such a person with a copy of the requested recording. 6 11 (3) Any of the following persons may make a request that the 6 12 contents of a recording created by a body camera be retained 6 13 under paragraph "b": 6 14 (a) A person who is part of the content of the recording. 6 15 (b) A person whose property has been seized or damaged in 6 16 relation to, or is otherwise involved with, a crime that is 6 17 related to the recording. 6 18 (c) A parent or legal guardian of a person described in 6 19 subparagraph division (a) or (b). 6 20 (d) An attorney for a person described in subparagraph 6 21 division (a) or (b). 6 22 (e) Any other person if the person described in subparagraph 6 23 division (a) or (b) has given written authority to the agency 6 24 to disclose the contents of the recording to the other person. 6 25 f. A person, who is not a part of the content of a recording 6 26 created by a body camera, may request a copy of such recording 6 27 if each person who is part of the content of such a recording 6 28 consents in writing. If consent is obtained, the agency shall 6 29 provide the requesting person with a copy of the contents of 6 30 such a recording. 6 31 g. Prior to deleting or disposing of the contents of a 6 32 recording created by a body camera, the person who has the 6 33 responsibility of deleting or disposing of such a recording on 6 34 behalf of the agency, shall review all applicable and available 6 35 records, files, and databases to ascertain whether any reason 7 1 exists that the recording should not be deleted or disposed of 7 2 under this section or under the policies of the agency. The 7 3 contents of such a recording shall not be deleted or disposed 7 4 of if such a reason exists. 7 5 7. A peace officer who fails to record any interaction as 7 6 required by this section or who fails to stop recording an 7 7 interaction as required by this section shall be considered 7 8 to have committed a violation of this section. For a first 7 9 violation a peace officer shall be given a written reprimand. 7 10 For a second or subsequent violation the peace officer shall 7 11 be suspended until an investigation into the cause of the 7 12 violation has been completed. 7 13 8. If an agency is unable to produce a body camera recording 7 14 during a criminal prosecution or civil action which is required 7 15 to be made and retained pursuant to this section, a rebuttable 7 16 presumption arises that the recording would corroborate the 7 17 version of the facts advanced by the defendant in the criminal 7 18 action or the party opposing the peace officer or agency in the 7 19 civil action. 7 20 9. The agency shall participate in any existing state or 7 21 federal programs that fund or supplement the costs to purchase 7 22 and maintain body cameras worn by peace officers. 7 23 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 7 24 3, shall not apply to this Act. 7 25 EXPLANATION 7 26 The inclusion of this explanation does not constitute agreement with 7 27 the explanation's substance by the members of the general assembly. 7 28 This bill relates to racial profiling by security agents and 7 29 requires peace officers to wear body cameras. 7 30 RACIAL PROFILING ==== CITIZENS' REVIEW BOARD. The bill 7 31 defines "racial profiling" to mean the practice of a security 7 32 agent or law enforcement agency relying, to any degree, on 7 33 race, ethnicity, national origin, or religion in selecting 7 34 which individuals are subject to routine or spontaneous 7 35 investigatory activities or in deciding upon the scope and 8 1 substance of law enforcement activity following the initial 8 2 investigatory procedure, except when there is trustworthy 8 3 information, relevant to the locality and time frame, that 8 4 links a person of a particular race, ethnicity, national 8 5 origin, or religion to an identified criminal incident or 8 6 scheme. The bill defines "security agent" to mean a peace 8 7 officer as defined in Code section 801.4(11)(a), (b), (c), 8 8 (f), (g), or (h), a certified law enforcement officer under 8 9 Code section 80B.18, a person who is an employee or agent of 8 10 a private security business licensed under Code chapter 80A, 8 11 or any other person who is designated to provide security at a 8 12 business. The bill also defines "law enforcement agency" to 8 13 mean any state, local, or tribal law enforcement agency engaged 8 14 in the prevention, detection, or investigation of violations 8 15 of criminal, immigration, or customs laws. "Law enforcement 8 16 agency" also includes a private security business licensed 8 17 under Code chapter 80A, or any other person providing security 8 18 at a place of business. 8 19 The bill prohibits a security agent or law enforcement 8 20 agency from engaging in racial profiling. 8 21 The bill requires the state and each political subdivision 8 22 of the state to establish a citizens' review board to review 8 23 complaints of racial profiling made against a law enforcement 8 24 agency or security agent within their respective jurisdiction. 8 25 The majority of the membership of the board shall consist of 8 26 people from minority groups disproportionately impacted by 8 27 racial profiling and persons who are not security agents. The 8 28 board shall establish policies and procedures designed to 8 29 assist in the elimination of racial profiling. 8 30 The bill provides that the citizens' review board shall 8 31 inform the complainant of any possible remedies that may be 8 32 available to the complainant. The bill specifies that the 8 33 findings of the citizens' review board shall be admissible in 8 34 any criminal or civil proceeding. 8 35 If a citizens' review board finds that a security agent 9 1 who is a peace officer or certified law enforcement officer 9 2 engaged in racial profiling, the bill requires that the board 9 3 notify the agency employing the security agent and the agency 9 4 shall initiate procedures to suspend the security agent from 9 5 performing the security agent's official duties. If such 9 6 security agent is found to have engaged in racial profiling 9 7 a second time by the board, the bill requires the agency to 9 8 initiate procedures to suspend the security agent for a longer 9 9 period than the first suspension. Upon a third or subsequent 9 10 finding that such security agent has engaged in racial 9 11 profiling, the agency shall initiate procedures to dismiss 9 12 the security agent from performing the official duties of the 9 13 agent. 9 14 If the security agent is an employee or agent of a private 9 15 security business licensed under Code chapter 80A, or any other 9 16 person who is designated to provide security at a business, 9 17 and the board finds the security agent engaged in racial 9 18 profiling, the bill requires the board to notify the security 9 19 agent that the security agent has engaged in racial profiling. 9 20 The bill also provides that the citizens' review board shall 9 21 also provide such notification to the employer of the agent, if 9 22 applicable, and the place of business where the security agent 9 23 provides security. 9 24 The bill specifies that a person or the department of justice 9 25 may bring an action to enjoin a violation of the bill. 9 26 Prior to a law enforcement agency receiving moneys from the 9 27 state, the bill requires the agency to certify that the agency 9 28 maintains adequate policies and procedures for eliminating any 9 29 existing practices that permit or encourage racial profiling. 9 30 The department of justice may enter into contracts for the 9 31 collection of data relating to the bill and for the development 9 32 of best practices and systems to eliminate racial profiling. 9 33 The bill specifies that the department of justice shall 9 34 adopt rules pursuant to Code chapter 17A for the collection 9 35 and compilation of data on racial profiling and for the 10 1 implementation of the bill. 10 2 BODY CAMERAS. The bill defines "agency" to mean a law 10 3 enforcement agency. 10 4 The bill defines "body camera" to mean an electronic device 10 5 that is capable of recording video and audio data or capable of 10 6 transmitting video and audio data to be recorded remotely, and 10 7 is worn on the person of a peace officer. 10 8 The body camera requirement applies to a county sheriff 10 9 or deputy sheriff, city peace officer, peace officer member 10 10 of the department of public safety, peace officer at a 10 11 regents institution, conservation officer, an employee of the 10 12 department of transportation designated as a peace officer, 10 13 an employee of an aviation authority designated as a peace 10 14 officer, and a certified tribal law enforcement officer. 10 15 The bill requires a peace officer to wear a body camera 10 16 at all times while on duty and in uniform. The bill further 10 17 requires that the peace officer record all interactions with 10 18 people in the performance of the official duties of the peace 10 19 officer from the beginning to the end of those interactions. 10 20 The bill specifies that a body camera must be worn on the 10 21 chest or at the eye level of the peace officer. 10 22 The bill prohibits a body camera from containing facial 10 23 recognition technology unless the use of such technology has 10 24 been authorized by the court pursuant to an arrest or search 10 25 warrant. 10 26 The bill requires a peace officer to inform a person when 10 27 that person is being recorded by a body camera unless informing 10 28 the person would be unsafe, impractical, or impossible. 10 29 If a peace officer who is wearing a body camera enters a 10 30 residence without a warrant or where no exigent circumstances 10 31 exist, the bill requires that the peace officer immediately ask 10 32 whether the resident desires the peace officer to stop the body 10 33 camera recording while the peace officer is in the residence. 10 34 If the person responds in the affirmative, the bill requires 10 35 the peace officer to stop the body camera recording. The bill 11 1 also requires the peace officer to record the question and any 11 2 answer to the question. 11 3 If a peace officer wearing a body camera interacts with a 11 4 person reporting a crime, providing information regarding a 11 5 crime or ongoing investigation, or claiming to be a victim of a 11 6 crime, the bill requires the peace officer to immediately ask 11 7 whether the person desires the peace officer to stop the body 11 8 camera recording of the interaction. If the person responds in 11 9 the affirmative, the bill requires the peace officer to stop 11 10 the body camera recording. The bill also requires the peace 11 11 officer to record the question and any answer to the question. 11 12 The contents of a recording created by a body camera are 11 13 confidential except as provided for in the bill. 11 14 The bill requires that an agency shall retain the contents 11 15 of a recording created by a body camera for 30 days. However, 11 16 an agency shall retain the contents of a recording created by 11 17 a body camera for three years if any of the following apply: 11 18 the recording depicts an incident involving the use of force; 11 19 the recording depicts an incident that leads to detention or 11 20 arrest of a person; the recording is relevant to a formal 11 21 or informal complaint against a peace officer or agency; or 11 22 a request has been made to retain the recording. Under the 11 23 bill, the contents of the recording may be retained even longer 11 24 than three years if the contents may be relevant to a criminal 11 25 prosecution. 11 26 Any of the following persons may make a request that the 11 27 contents of a recording created by a body camera be retained 11 28 for three years: a person who is a part of the content of the 11 29 recording; a person whose property has been seized or damaged 11 30 in relation to, or is otherwise involved with, a crime that is 11 31 related to the recording; a parent or guardian of a person who 11 32 is part of the content of the recording or whose property was 11 33 seized, damaged, or involved with a crime that is related to 11 34 the recording; the attorney for a person who is part of the 11 35 content of the recording or whose property was seized, damaged, 12 1 or involved with a crime that is related to the recording; any 12 2 other person if such person has been given written authority 12 3 to disclose the contents of the recording by the person who 12 4 is part of the content of the recording or whose property was 12 5 seized or damaged. 12 6 The bill provides that a person, who is not a part of the 12 7 content of a recording created by a body camera, may request a 12 8 copy of and receive such recording if each person who is part 12 9 of the content of the recording consents in writing. 12 10 Prior to deleting or disposing of the contents of a recording 12 11 created by a body camera, the bill requires the person who has 12 12 the responsibility of deleting or disposing of such a recording 12 13 on behalf of the agency, to review all applicable and available 12 14 records, files, and databases to ascertain whether any reason 12 15 exists that the recording should not be disposed of or deleted. 12 16 A peace officer who fails to record any interaction with 12 17 a person or who fails to stop recording such interaction 12 18 as required by the bill commits a violation. For a first 12 19 violation of the bill a peace officer shall be given a written 12 20 reprimand. For a second or subsequent violation of the bill 12 21 the peace officer shall be suspended until an investigation 12 22 into the cause of the violation has been completed. 12 23 The bill also provides that if an agency is unable to produce 12 24 a body camera recording during a criminal prosecution or civil 12 25 action, a rebuttable presumption arises that the recording 12 26 would corroborate the version of the facts advanced by the 12 27 defendant in the criminal action or the party opposing the 12 28 peace officer or agency in the civil action. 12 29 The bill specifies that an agency shall participate in any 12 30 existing state or federal programs that fund or supplement 12 31 the costs to purchase and maintain body cameras worn by peace 12 32 officers. 12 33 The bill may include a state mandate as defined in Code 12 34 section 25B.3. The bill makes inapplicable Code section 25B.2, 12 35 subsection 3, which would relieve a political subdivision from 13 1 complying with a state mandate if funding for the cost of 13 2 the state mandate is not provided or specified. Therefore, 13 3 political subdivisions are required to comply with any state 13 4 mandate included in the bill. LSB 1545YH (8) 86 jm/nh
