Bill Text: IA SF2173 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to law enforcement profiling by standardizing the collection and centralizing the compilation and reporting of officer stop and complaint data, providing for officer training, creating a community policing advisory board, providing for penalties and remedies, and including effective date provisions. (See SF 2267.)
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2016-02-15 - Subcommittee, Petersen, Garrett, and Taylor. S.J. 229. [SF2173 Detail]
Download: Iowa-2015-SF2173-Introduced.html
Senate File 2173 - Introduced SENATE FILE BY PETERSEN A BILL FOR 1 An Act relating to law enforcement profiling by standardizing 2 the collection and centralizing the compilation and 3 reporting of officer stop and complaint data, providing for 4 officer training, creating a community policing advisory 5 board, providing for penalties and remedies, and including 6 effective date provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5787XS (6) 86 jm/rj PAG LIN 1 1 Section 1. NEW SECTION. 80G.1 Purpose == construction. 1 2 The citizens of this state appreciate the hard work and 1 3 dedication of peace officers who risk their lives every day 1 4 on behalf of the citizens of this state. Instituting best 1 5 practices to reduce profiling ensures that all of its citizens 1 6 benefit from good investigatory work performed by peace 1 7 officers on a daily basis. 1 8 It is the purpose of this chapter to prohibit the use of 1 9 profiling and to create a safer state for all of its citizens. 1 10 Furthermore, the purpose of this chapter is to provide for the 1 11 collection of relevant data to expose profiling practices, 1 12 to define and implement the best practices that the citizens 1 13 of this state are entitled to expect from law enforcement 1 14 agencies, to provide officers with the proper training, and 1 15 to provide remedies for profiling. This chapter shall be 1 16 construed broadly to implement this purpose. 1 17 Sec. 2. NEW SECTION. 80G.2 Definitions. 1 18 As used in this chapter, unless the context otherwise 1 19 requires: 1 20 1. "Board" means the community policing advisory board. 1 21 2. "Exonerated" means an investigation's conclusion that 1 22 clearly establishes that the actions of an officer that formed 1 23 the basis of a complaint are not a violation of law or agency 1 24 policy. 1 25 3. "Law enforcement activities" includes but is not limited 1 26 to any of the following: traffic, bicyclist, or pedestrian 1 27 stops; actions during a stop, including asking questions; 1 28 frisks; consensual and nonconsensual searches of an individual 1 29 or any property; seizing any property; removing occupants from 1 30 a motor vehicle during a traffic stop; issuing a citation; and 1 31 making an arrest. 1 32 4. "Not sustained" means an investigation's conclusion 1 33 that sufficient evidence does not clearly prove or disprove an 1 34 allegation in a complaint. 1 35 5. "Officer" means a peace officer, as defined in section 2 1 801.4, including while employed off=duty by a private employer 2 2 and in uniform. 2 3 6. "Personal identifying information" means an individual's 2 4 name, address, or any other information that would allow a 2 5 third party to identity the individual by name. 2 6 7. "Pretextual stop" means a stop of a driver of a motor 2 7 vehicle, a bicyclist, or a pedestrian by an officer if all of 2 8 the following apply: 2 9 a. The decision to make the stop was the result of 2 10 discrimination based upon profiling. 2 11 b. The stated reason for the stop is not in fact the real 2 12 reason but is instead a pretext to conceal the real reason for 2 13 the stop. 2 14 c. The real reason for the stop is to enable the officer to 2 15 inquire into subjects about which the officer has no reasonable 2 16 basis to inquire or to seek information for which the officer 2 17 does not possess independent evidence constituting probable 2 18 cause or reasonable suspicion. 2 19 8. "Profiling" means any of the following: 2 20 a. A consideration of or a reliance upon, to any degree, 2 21 any of the following traits when deciding to initiate law 2 22 enforcement activities including the use and scope of such 2 23 activities: actual or perceived race, color, ethnicity, 2 24 religion, national origin, gender identity or expression, 2 25 sexual orientation, English language proficiency, or mental or 2 26 physical disability. 2 27 b. A pretextual stop that is the basis for discrimination. 2 28 9. "Specific suspect description=based identification" means 2 29 a reasonably detailed physical description by an officer of the 2 30 personal identifying characteristics of a potential suspect 2 31 including but not limited to age, sex, ethnicity, race, or 2 32 English language proficiency. 2 33 10. "Stop" means any of the following: 2 34 a. The detention of an individual by an officer, including 2 35 a temporary detention. 3 1 b. An officer's interaction with an individual where the 3 2 officer conducts a search, including a consensual search of an 3 3 individual's body or property in the possession or control of 3 4 the individual. 3 5 11. "Sustained" means an investigation's conclusion that 3 6 sufficient evidence proves the truth of an allegation in a 3 7 complaint in the complaint by a preponderance of evidence. 3 8 12. "Unfounded" means an investigation's conclusion that 3 9 clearly establishes that an allegation is not true. 3 10 Sec. 3. NEW SECTION. 80G.3 Profiling == prohibition == 3 11 allowed policy and actions. 3 12 1. An officer shall not engage in profiling. 3 13 2. This section shall not prohibit any of the following: 3 14 a. A law enforcement agency's policy allowing the use of 3 15 information that has been provided by a victim describing the 3 16 personal identifying characteristics of an alleged perpetrator 3 17 of a crime in order to seek out individuals who match that 3 18 description. 3 19 b. An action by an officer that relies upon any of the 3 20 following: 3 21 (1) A specific suspect description=based identification. 3 22 (2) An individual's observed behavior linking another 3 23 individual to suspected unlawful activity that establishes 3 24 probable cause or a reasonable suspicion that criminal activity 3 25 is afoot. 3 26 (3) Other trustworthy information or circumstances, 3 27 relevant to the locality and time frame linking an individual 3 28 to suspected unlawful activity that establishes probable cause 3 29 or a reasonable suspicion that criminal activity is afoot. 3 30 Sec. 4. NEW SECTION. 80G.4 Community policing advisory 3 31 board == establishment and role. 3 32 1. The attorney general shall establish a community 3 33 policing advisory board for the purpose of recognizing and 3 34 promoting awareness of profiling by law enforcement, providing 3 35 advice in the development of best practices to prevent 4 1 profiling, and monitoring implementation of best practices in 4 2 the field of law enforcement. In establishing the board, the 4 3 attorney general shall ensure that the board is racially and 4 4 ethnically diverse and gender balanced. The attorney general 4 5 shall also provide or arrange for necessary staff to assist the 4 6 board. 4 7 2. a. The board shall consist of fifteen voting members 4 8 and two ex officio, nonvoting members. The attorney general 4 9 shall appoint nine voting members nominated from the following 4 10 described organizations or groups or who hold the following 4 11 described positions: 4 12 (1) Four representatives from community organizations 4 13 historically associated with efforts to eliminate racial 4 14 discrimination that work with victims of racial and other 4 15 profiling, of whom one representative shall be at least sixteen 4 16 years of age but not more than twenty=four years of age at the 4 17 time of appointment. 4 18 (2) Three representatives from advocacy groups that support 4 19 individuals who have experienced discrimination based on race, 4 20 color, ethnicity, religion, national origin, gender identity 4 21 or expression, sexual orientation, immigration or citizenship 4 22 status, language, or mental or physical disability status. 4 23 (3) Two members of the clergy who have significant 4 24 experience in addressing and reducing racial discrimination and 4 25 other biases. 4 26 b. The following six ex officio, voting members shall serve 4 27 on the board: 4 28 (1) The attorney general or the attorney general's 4 29 designee. 4 30 (2) The director of the Iowa law enforcement academy. 4 31 (3) The state public defender or the state public defender's 4 32 designee. 4 33 (4) The director of the Iowa civil rights commission. 4 34 (5) The president of the board of directors of the Iowa 4 35 police chiefs association, or the president's designee; 5 1 (6) The president of the Iowa state sheriffs' and deputies' 5 2 association or the president's designee. 5 3 c. The board shall include two members of the general 5 4 assembly who shall serve as ex officio, nonvoting members. The 5 5 legislative members shall be appointed as follows: 5 6 (1) One member of the senate appointed by the majority 5 7 leader of senate. 5 8 (2) One member of the house of representatives appointed by 5 9 the speaker of the house of representatives. 5 10 3. Notwithstanding section 7E.6, nonlegislative members 5 11 shall only receive reimbursement for actual expenses for 5 12 performance of their official duties as members of the board. 5 13 Members of the general assembly shall not receive a per diem 5 14 but shall receive reimbursement for necessary travel and actual 5 15 expenses incurred in the performance of their official duties. 5 16 4. The board may act or make recommendations only upon a 5 17 vote of a majority of the voting membership of the board. 5 18 5. a. The initial term of a member appointed pursuant 5 19 to subsection 2, paragraph "a", subparagraph (1), shall be 5 20 four years, and after the initial term has been served, the 5 21 appointment shall be for a term of four years. 5 22 b. The initial term of a member appointed pursuant to 5 23 subsection 2, paragraph "a", subparagraph (2) or (3), shall 5 24 be two years, and after the initial term has been served, the 5 25 appointment shall be for a term of four years. 5 26 6. Each year the board shall elect two of its voting members 5 27 as co=chairpersons. 5 28 7. The board shall do all of the following by April 1, 2017: 5 29 a. Adopt rules pursuant to chapter 17A. 5 30 b. Develop a standard notice form to be provided to an 5 31 individual stopped by an officer, when practicable, informing 5 32 the individual of the individual's right to file a complaint 5 33 with the Iowa civil rights commission if the individual 5 34 believes that the individual has been a victim of profiling. 5 35 c. Advise the attorney general regarding the attorney 6 1 general's development of guidelines for the collection, 6 2 compilation, and reporting of traffic, bicycle, and pedestrian 6 3 stop data in order to ensure uniform reporting practices across 6 4 all reporting law enforcement agencies. 6 5 8. Each year beginning July 1, 2017, the board shall do all 6 6 of the following: 6 7 a. Evaluate and comment upon the data compiled and reported 6 8 to the attorney general and the analysis of such data by the 6 9 division of criminal and juvenile justice planning of the 6 10 department of human rights. 6 11 b. Assess the collection, compilation, and reporting of 6 12 traffic, bicycle, and pedestrian stop data by law enforcement 6 13 agencies, the effectiveness of law enforcement training under 6 14 section 80G.8, and determine methods, if any, by which these 6 15 activities could be improved or made more effective. 6 16 c. Work in partnership with state and local law enforcement 6 17 agencies to review and analyze profiling across geographic 6 18 areas of this state. 6 19 d. Consult available evidence=based research on intentional 6 20 and implicit biases, and their impact on law enforcement stop, 6 21 search, and seizure tactics. 6 22 e. (1) Issue an annual report that provides the board's 6 23 analysis of the board activities required by paragraphs "a" 6 24 through "d", makes detailed findings on the past and current 6 25 status of profiling, and makes policy recommendations for 6 26 eliminating profiling and other discriminatory practices. The 6 27 report shall include disaggregated statistical data for each 6 28 reporting law enforcement agency. The report shall include, 6 29 at a minimum, each reporting law enforcement agency's total 6 30 results for each data collection criteria for the calendar 6 31 year. 6 32 (2) The report shall be retained and made available to the 6 33 public by posting the report on the attorney general's internet 6 34 site. The report shall first be issued by February 1, 2018, 6 35 and by February 1 every year thereafter. 7 1 (3) The report is a public record within the meaning of 7 2 chapter 22 subject to public inspection under that chapter 22. 7 3 f. Hold at least three annual public meetings to discuss 7 4 profiling and potential reforms to prevent profiling. The 7 5 board shall provide notice to the public of the location of 7 6 each public meeting at least sixty days before the date of the 7 7 meeting. 7 8 9. The board shall be subject to the provisions of chapters 7 9 21 and 22. 7 10 Sec. 5. NEW SECTION. 80G.5 Standard notice form and 7 11 complaint. 7 12 A law enforcement agency shall require, when practicable, an 7 13 officer who makes a stop to provide to the individual stopped 7 14 the standard notice form developed by the board informing the 7 15 individual of the individual's right to file a complaint with 7 16 the Iowa civil rights commission if the individual believes 7 17 that the individual has been a victim of profiling. 7 18 Sec. 6. NEW SECTION. 80G.6 Reporting data and citizen 7 19 complaints to the attorney general by a law enforcement agency. 7 20 1. A law enforcement agency shall collect, compile, and 7 21 report annually to the attorney general on a standardized form 7 22 developed by the attorney general the following information for 7 23 law enforcement activities related to a traffic, bicycle, or 7 24 pedestrian stop: 7 25 a. The time, date, location, and duration of the stop. 7 26 b. The reason for the stop. 7 27 c. The results of the stop. 7 28 d. The warning given or citation issued, if applicable. 7 29 e. The offense the individual was arrested for, if 7 30 applicable. 7 31 f. The identifying characteristics of the individual 7 32 stopped, including perceived race, ethnicity, English language 7 33 proficiency, sex, and approximate age. The identification of 7 34 these characteristics shall be based principally on information 7 35 on the individual's driver's license or nonoperator's 8 1 identification card and only secondarily on the observation 8 2 and perception of the officer making the stop. The officer 8 3 shall not be required to inquire about the race, ethnicity, 8 4 and English language proficiency of an individual stopped but 8 5 shall rely principally on such information encrypted on a 8 6 driver's license or nonoperator's identification card pursuant 8 7 to section 321.189 or 321.190. The identifying characteristics 8 8 of a passenger in a motor vehicle shall also be reported if the 8 9 stop involved both the passenger and a search reported under 8 10 paragraph "g". 8 11 g. Actions taken by an officer during the stop, including 8 12 but not limited to the following, as applicable: 8 13 (1) Whether the officer asked for consent to search the 8 14 individual and whether consent was provided. 8 15 (2) Whether the officer searched the individual or any 8 16 property, and if a search was performed, the basis for the 8 17 search, the scope and duration of the search, and the type of 8 18 contraband, including moneys, or evidence discovered in the 8 19 search. 8 20 (3) Whether the officer seized any property, and a complete 8 21 description of the property that was seized and the basis for 8 22 seizing the property. 8 23 (4) Whether the officer used physical force or physical 8 24 force was used against the officer, and a complete description 8 25 of the extent force was used. 8 26 (5) Whether the search involved the use of a canine or 8 27 advanced technology, and a complete description of the type and 8 28 circumstances of any such search. 8 29 h. Other information which the officer or law enforcement 8 30 agency considers appropriate. 8 31 2. A law enforcement agency shall report annually to 8 32 the attorney general the total number of citizen complaints 8 33 received by the law enforcement agency or by a citizens review 8 34 board, if applicable, alleging misconduct by an officer. The 8 35 report shall also be disaggregated as follows: 9 1 a. All citizen complaints received by the law enforcement 9 2 agency alleging criminal conduct by its officers. 9 3 b. (1) All citizen complaints received by a law enforcement 9 4 agency alleging profiling by its officers. 9 5 (2) The complaints under this paragraph shall be 9 6 disaggregated by race, color, ethnicity, religion, national 9 7 origin, gender identity or expression, sexual orientation, 9 8 English language proficiency, or mental or physical disability. 9 9 (3) While maintaining the disaggregation of the complaints 9 10 under subparagraph (2), the complaints shall be placed into the 9 11 following disposition categories: 9 12 (a) Sustained. 9 13 (b) Exonerated. 9 14 (c) Not sustained. 9 15 (d) Unfounded. 9 16 3. If a law enforcement agency is noncompliant with the 9 17 collection, compilation, and reporting duties of this section, 9 18 the attorney general shall take necessary action, including 9 19 seeking a writ of mandamus and other appropriate judicial 9 20 remedies, to secure compliance. 9 21 Sec. 7. NEW SECTION. 80G.7 Data compilation by attorney 9 22 general. 9 23 1. The attorney general, in consultation with the 9 24 board and the Iowa civil rights commission, and with input 9 25 from stakeholders including federal, state, and local law 9 26 enforcement agencies, local communities, researchers, and 9 27 civil rights organizations, shall adopt rules pursuant to 9 28 chapter 17A for law enforcement agency collection, compilation, 9 29 and reporting of law enforcement activities data related to 9 30 traffic, bicycle, and pedestrian stops, and citizen complaints. 9 31 The rules adopted under this section must do the following: 9 32 a. Require a law enforcement agency to collect and compile 9 33 data as required by section 80G.6, and report such data to 9 34 the attorney general, that identifies all law enforcement 9 35 activities related to traffic, bicycle, and pedestrian stops 10 1 and all citizen complaints on a standardized form developed by 10 2 the attorney general. 10 3 b. Require a law enforcement agency to prominently publicize 10 4 the compiled data reported to the attorney general pursuant 10 5 to section 80G.6, on at least a monthly basis, on the law 10 6 enforcement agency's internet site, or make such data available 10 7 electronically within seven days upon request if the law 10 8 enforcement agency lacks an internet site. 10 9 c. Require each law enforcement agency to maintain all data 10 10 collected, compiled, and reported pursuant to section 80G.6 for 10 11 at least four years. 10 12 d. Provide for the protection and privacy of any personal 10 13 identifying information about the officer or the individual 10 14 stopped that is contained in the data by removing any such 10 15 personal identifying information prior to reporting the data 10 16 to the attorney general, or publicizing the data pursuant to 10 17 paragraph "b". 10 18 2. Except as otherwise provided in this section, a 10 19 law enforcement agency shall not grant access to personal 10 20 identifying information contained in the data collected by 10 21 the law enforcement agency to any person except to a federal, 10 22 state, local, or tribal government employee or agent who 10 23 requires access to such information in order to collect, 10 24 compile, and report the data. 10 25 3. A law enforcement agency may permit a contractor 10 26 or nongovernmental agent access to personal identifying 10 27 information that is contained in the data collected, if the 10 28 contractor or nongovernmental agent signs an agreement which 10 29 prohibits further disclosure of the personal identifying 10 30 information beyond disclosure to the contractor or 10 31 nongovernmental agent, and if the contractor or nongovernmental 10 32 agent assures the law enforcement agency in the agreement that 10 33 adequate security measures have been implemented to prevent 10 34 unauthorized access to the personal identifying information. 10 35 4. a. The attorney general shall in turn compile all data 11 1 reported pursuant to this section for analysis. The attorney 11 2 general shall provide the compiled data to the board, the Iowa 11 3 civil rights commission, and the division of criminal and 11 4 juvenile justice planning of the department of human rights, 11 5 and to any other agency, board, or department the attorney 11 6 general deems appropriate. 11 7 b. The division of criminal and juvenile justice planning 11 8 of the department of human rights shall analyze the data 11 9 and provide an analysis of the data in a timely manner to 11 10 the attorney general, the board, and the Iowa civil rights 11 11 commission in statistical form. 11 12 5. In consultation with the board, the attorney general 11 13 shall prescribe guidelines recommending best practices to 11 14 alleviate profiling, setting comparative benchmarks consistent 11 15 with best practices against which collected and compiled 11 16 data shall be monitored and measured, while providing for 11 17 the protection and the privacy of the personal identifying 11 18 information of individuals whose data is collected and compiled 11 19 pursuant to this chapter. 11 20 6. The attorney general shall report specific data in 11 21 statistical form for each reporting law enforcement agency on 11 22 an annual basis to the Iowa civil rights commission, the board, 11 23 and to the public. The public report shall be accessible from 11 24 a prominent place on the attorney general's internet site. 11 25 7. The data compiled pursuant to this section is admissible 11 26 in individual and pattern and practice disparate treatment 11 27 profiling cases and in disparate impact profiling cases under 11 28 the Iowa civil rights Act, chapter 216. 11 29 Sec. 8. NEW SECTION. 80G.8 Training. 11 30 1. A law enforcement agency shall provide annual training 11 31 to officers on issues related to profiling prevention, data 11 32 collection, and reporting methods. Every officer in the state 11 33 must participate in annual training in accordance with this 11 34 section. 11 35 2. The Iowa law enforcement academy shall develop and 12 1 disseminate training guidelines for all officers consistent 12 2 with the best practices guidelines issued by the attorney 12 3 general pursuant to section 80G.7, subsection 5. 12 4 3. Every officer shall adhere to the training guidelines 12 5 developed by the Iowa law enforcement academy pursuant to this 12 6 section. The training guidelines shall include all of the 12 7 following: 12 8 a. An emphasis on officer understanding and respect 12 9 for diverse communities and the importance of effective, 12 10 noncombative methods of carrying out law enforcement activities 12 11 in a diverse community. 12 12 b. Instruction on diverse communities in order to foster 12 13 mutual respect and cooperation between law enforcement and 12 14 members of all diverse communities. 12 15 c. An examination of the patterns, practices, and protocols 12 16 that cause profiling, and the tools to prevent such actions. 12 17 d. An examination and identification of key indices and 12 18 perspectives that make up differences among residents in a 12 19 local community. 12 20 e. Instruction on implicit bias and consideration of the 12 21 negative impact of bias, whether intentional or implicit, 12 22 on effective law enforcement, including examination of how 12 23 historical perceptions of profiling have harmed community 12 24 relations. 12 25 f. Instruction on the perspectives of diverse local 12 26 constituency groups from experts on particular cultural and law 12 27 enforcement=community relations issues in a local area. 12 28 g. A presentation of the history and the role of the civil 12 29 rights movement and the impact on law enforcement. 12 30 h. Instruction about this chapter's prohibition of profiling 12 31 and each officer's specific obligations to prevent, report, and 12 32 respond to profiling by fellow officers and to comply with the 12 33 collection, compilation, and reporting responsibilities under 12 34 this chapter. 12 35 4. In developing the training guidelines, the Iowa law 13 1 enforcement academy shall consult with the Iowa civil rights 13 2 commission, the board, groups and individuals having an 13 3 interest and expertise in the field of cultural awareness and 13 4 diversity, as well as advocacy organizations with an interest 13 5 and expertise in the field of profiling. 13 6 Sec. 9. NEW SECTION. 80G.9 Reporting profiling == 13 7 prevention and retaliation. 13 8 1. An officer has an obligation to prevent, report, and 13 9 respond to profiling, discrimination, or biased practices by 13 10 a fellow officer. 13 11 2. An officer or an employee of a law enforcement agency 13 12 who retaliates against an officer or employee for making a 13 13 charge, testifying against, assisting, or participating in any 13 14 manner in an investigation, proceeding, or hearing related to 13 15 profiling shall be subject to discipline, including dismissal. 13 16 3. An officer or employee of a law enforcement agency who 13 17 retaliates against an officer or employee who files a report of 13 18 an occurrence of profiling against an officer commits a simple 13 19 misdemeanor. 13 20 Sec. 10. NEW SECTION. 80G.10 Statutory remedies not 13 21 exclusive. 13 22 The remedies authorized in this chapter are not exclusive 13 23 and do not foreclose an individual from asserting any remedies 13 24 the individual may have based on the common law or other 13 25 statutes. 13 26 Sec. 11. Section 216.2, subsection 15, Code 2016, is amended 13 27 to read as follows: 13 28 15. "Unfair practice" or "discriminatory practice" means 13 29 those practices specified as unfair or discriminatory in 13 30 sections 216.6, 216.6A, 216.7, 216.8, 216.8A, 216.9, 216.10, 13 31 216.10A, 216.11, and 216.11A. 13 32 Sec. 12. Section 216.6, subsection 1, Code 2016, is amended 13 33 by adding the following new paragraph: 13 34 NEW PARAGRAPH. e. Employer or the employees or agents 13 35 thereof to discriminate against an employee because the 14 1 employee makes a charge, testifies against, assists, or 14 2 participates in any manner in an investigation, proceeding, or 14 3 hearing related to profiling pursuant to chapter 80G. 14 4 Sec. 13. NEW SECTION. 216.10A Unfair profiling practice. 14 5 1. It shall be an unfair discriminatory practice for a peace 14 6 officer to engage in profiling as described in chapter 80G. 14 7 2. This section shall not apply to: 14 8 a. A law enforcement agency's policy to use information 14 9 that has been provided by a victim describing the personal 14 10 identifying characteristics of a perpetrator of a crime in 14 11 order to seek out persons who match that description. 14 12 b. Any actions that rely upon: 14 13 (1) A specific suspect description=based identification. 14 14 (2) A person's observed behavior that links a person to 14 15 suspected unlawful activity establishing probable cause or 14 16 reasonable suspicion that criminal activity is afoot. 14 17 (3) Other trustworthy information or circumstances, 14 18 relevant to the locality and timeframe that links a person to 14 19 suspected unlawful activity establishing probable cause or 14 20 reasonable suspicion that criminal activity is afoot. 14 21 Sec. 14. Section 321.189, subsection 2, Code 2016, is 14 22 amended by adding the following new paragraph: 14 23 NEW PARAGRAPH. 0d. The department shall encrypt race, 14 24 ethnicity, and English language proficiency information on a 14 25 driver's license. 14 26 Sec. 15. Section 321.190, subsection 1, paragraph b, 14 27 subparagraph (1), Code 2016, is amended to read as follows: 14 28 (1) The department shall not issue a card to a person 14 29 holding a driver's license. However, a card may be issued to 14 30 a person holding a temporary permit under section 321.181. 14 31 The card shall be identical in form, including any encrypted 14 32 information, to a driver's license issued under section 321.189 14 33 except the word "nonoperator" shall appear prominently on the 14 34 face of the card. 14 35 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 15 1 3, shall not apply to this Act. 15 2 Sec. 17. EFFECTIVE DATE. This Act takes effect October 1, 15 3 2016. 15 4 EXPLANATION 15 5 The inclusion of this explanation does not constitute agreement with 15 6 the explanation's substance by the members of the general assembly. 15 7 This bill relates to law enforcement profiling by 15 8 standardizing the collection and centralizing the compilation 15 9 and reporting of officer stop and complaint data, providing for 15 10 officer training, creating a community policing advisory board, 15 11 and providing certain penalties and remedies. 15 12 DEFINITIONS. The bill defines "profiling" to mean a 15 13 consideration of or a reliance upon, to any degree, certain 15 14 characteristics when deciding to initiate law enforcement 15 15 activities including the use and scope of such activities: 15 16 the actual or perceived individual's race, color, ethnicity, 15 17 religion, national origin, gender identity or expression, 15 18 sexual orientation, English language proficiency, or mental 15 19 or physical disability. The definition of "profiling" 15 20 also includes any pretextual stop that is the basis for 15 21 discrimination. 15 22 The bill defines "law enforcement activities" to include 15 23 traffic, bicyclist, or pedestrian stops; actions during a 15 24 stop, including asking questions; frisks; consensual and 15 25 nonconsensual searches of an individual or any property; 15 26 seizing any property; removing occupants from a motor vehicle 15 27 during a traffic stop; issuing a citation; and making an 15 28 arrest. 15 29 The bill defines "pretextual stop" to mean a stop of a driver 15 30 of a motor vehicle, a bicyclist, or a pedestrian by an officer 15 31 if all of the following apply: the decision to make the stop 15 32 was the result of discrimination based upon profiling; the 15 33 stated reason for the stop is not in fact the real reason but 15 34 is instead a pretext to conceal the real reason for the stop; 15 35 and the real reason for the stop is to enable the officer to 16 1 inquire into subjects about which the officer has no reasonable 16 2 basis to inquire or to seek information for which the officer 16 3 does not possess independent evidence constituting probable 16 4 cause or reasonable suspicion. 16 5 PROFILING ==== PROHIBITION. The bill prohibits a peace 16 6 officer from profiling. However, the bill does not prevent 16 7 any of the following: a law enforcement agency's policy 16 8 allowing the use of information that has been provided by a 16 9 victim describing the personal identifying characteristics of 16 10 a perpetrator of a crime in order to seek out individuals who 16 11 match that description; a specific suspect description=based 16 12 identification; an individual's observed behavior linking 16 13 another individual to suspected unlawful activity that 16 14 establishes probable cause or reasonable suspicion that 16 15 criminal activity is afoot; or other trustworthy information or 16 16 circumstances, relevant to the locality and time frame linking 16 17 an individual to suspected unlawful activity that establishes 16 18 probable cause or a reasonable suspicion that criminal activity 16 19 is afoot. 16 20 DRIVER'S LICENSE AND NONOPERATOR'S IDENTIFICATION 16 21 REQUIREMENT. The bill requires the department of 16 22 transportation to encrypt the race, ethnicity, and English 16 23 language proficiency of the driver into a driver's license or 16 24 nonoperator's identification card. 16 25 COMMUNITY POLICING ADVISORY BOARD. The bill requires the 16 26 attorney general to establish a community policing advisory 16 27 board for the purpose of recognizing and promoting awareness of 16 28 profiling by law enforcement, providing advice in development 16 29 of best practices to prevent profiling, and monitoring 16 30 implementation of best practices in the field. In establishing 16 31 the board, the bill requires the attorney general to ensure 16 32 that the board is racially and ethnically diverse and gender 16 33 balanced. The bill specifies that the attorney general shall 16 34 also provide or arrange for the staff necessary to assist the 16 35 board. 17 1 The bill provides that the community policing advisory board 17 2 shall consist of 15 voting members and two ex officio nonvoting 17 3 members. The attorney general shall appoint the following 17 4 nine board members: four representatives from community 17 5 organizations historically associated with efforts to eliminate 17 6 racial discrimination, of whom one representative shall be at 17 7 least 16 years of age but not more than 24 years of age at the 17 8 time of appointment; three representatives from advocacy groups 17 9 that support individuals who have experienced discrimination 17 10 based on race, color, ethnicity, religion, national origin, 17 11 gender identity or expression, sexual orientation, immigration 17 12 or citizenship status, language, or mental or physical 17 13 disability status; and two clergy members who have significant 17 14 experience in addressing and reducing racial discrimination and 17 15 other biases. 17 16 The bill specifies that the following individuals shall 17 17 also serve on the community policing advisory board: the 17 18 attorney general or the attorney general's designee, the 17 19 director of the Iowa law enforcement academy, the state 17 20 public defender or the state public defender's designee, the 17 21 director of the Iowa civil rights commission, the president of 17 22 the board of directors of the Iowa police chiefs association 17 23 or the president's designee; and the president of the Iowa 17 24 state sheriffs' and deputies' association or the president's 17 25 designee. 17 26 The bill specifies that the board shall also include two 17 27 members of the general assembly who shall serve as ex officio, 17 28 nonvoting members, with one member appointed by the majority 17 29 leader of the senate and one member appointed by the speaker of 17 30 the house of representatives. 17 31 The initial term of board members appointed from the 17 32 community organizations shall be four years, and after the 17 33 initial term has been served, the appointments shall be for 17 34 a term of four years. The initial term of board members 17 35 appointed from the clergy or advocacy groups shall be two 18 1 years, and after the initial term has been served, the 18 2 appointments shall be for a term of four years. 18 3 The bill provides that the members of the board shall only 18 4 receive reimbursement for actual expenses for performance of 18 5 their official duties as members of the board. 18 6 The bill specifies that the board shall be subject to the 18 7 provisions of Code chapters 21 (open meetings) and 22 (open 18 8 records). 18 9 BOARD ACTIONS REQUIRED BY APRIL 1, 2017. The bill requires 18 10 the board to develop a standard notice form to be provided 18 11 to each individual stopped by an officer, when practicable, 18 12 informing the individual of the individual's right to file 18 13 a complaint with the Iowa civil rights commission if the 18 14 individual believes that the individual has been a victim of 18 15 profiling. 18 16 The bill provides that the board shall advise the attorney 18 17 general when developing rules for the collection, compilation, 18 18 and reporting of traffic, bicycle, and pedestrian stop data 18 19 to ensure the use of uniform reporting practices across all 18 20 reporting law enforcement agencies. 18 21 The bill requires the board to adopt rules pursuant to Code 18 22 chapter 17A. 18 23 BOARD ACTION REQUIRED BY JULY 1, 2017, AND EVERY YEAR 18 24 THEREAFTER. The bill provides that the board shall annually do 18 25 the following: evaluate and comment upon the data compiled and 18 26 reported to the attorney general by law enforcement agencies 18 27 and the analysis of the data by the division of criminal and 18 28 juvenile justice planning of the department of human rights; 18 29 assess the collection, compilation, and reporting of stop 18 30 data compiled by law enforcement agencies, assess the law 18 31 enforcement training requirement, and determine if these 18 32 requirements are effective; work in partnership with state and 18 33 local law enforcement agencies to review and analyze profiling 18 34 across geographic areas of the state; consult available 18 35 evidence=based research on intentional and implicit biases, 19 1 and the impact on law enforcement stop, search, and seizure 19 2 tactics; issue an annual report that provides the board's 19 3 analysis of the past and current status of profiling across 19 4 the state; and make policy recommendations for eliminating 19 5 profiling. 19 6 The bill also requires the board to hold at least three 19 7 annual public meetings to discuss profiling and potential 19 8 reforms to prevent profiling. 19 9 NOTICE ABOUT FILING PROFILING COMPLAINT. The bill requires 19 10 a law enforcement agency to require, when practicable, each 19 11 officer who makes a stop to provide to each individual stopped 19 12 a standard notice form, developed by the community policing 19 13 advisory board, that discloses the individual's right to file 19 14 a complaint with the Iowa civil rights commission if the 19 15 individual believes that profiling has occurred. 19 16 UNFAIR PROFILING PRACTICE. The bill provides that it 19 17 shall be an unfair discriminatory practice under the Iowa 19 18 civil rights Act, Code chapter 216, for a peace officer to 19 19 engage in profiling described in the bill. The bill also 19 20 specifies certain behaviors that do not constitute an unfair 19 21 discriminatory practice. 19 22 DATA COLLECTED, COMPILED, AND REPORTED BY A LAW ENFORCEMENT 19 23 AGENCY. The bill requires that each law enforcement agency 19 24 collect, compile, and report annually to the attorney general 19 25 the following information on a standardized form developed by 19 26 the attorney general for law enforcement activities related 19 27 to a traffic, bicycle, or pedestrian stop: the time, date, 19 28 location, and duration of the stop; the reason for the stop; 19 29 the results of the stop; the warning given or citation issued, 19 30 if applicable; the offense the individual was arrested for, if 19 31 applicable; the identifying characteristics of the individual 19 32 stopped, including perceived race, ethnicity, English language 19 33 proficiency, sex, and approximate age; and the actions taken 19 34 by the officer during the stop. The actions to be reported 19 35 include but are not limited to the following: whether the 20 1 officer asked for consent to search the person and whether 20 2 consent was provided; whether the officer searched the 20 3 individual or any property, and if a search was performed, the 20 4 basis for the search, the scope and duration of the search, 20 5 and the type of contraband, including moneys, or evidence 20 6 discovered in the search; whether the officer seized any 20 7 property, and a complete description of the property that was 20 8 seized and the basis for seizing the property; whether the 20 9 officer used physical force or physical force was used against 20 10 the officer, and a complete description of the extent force 20 11 was used; whether the search involved the use of a canine or 20 12 advanced technology; and any additional information which the 20 13 officer or law enforcement agency considers appropriate. 20 14 CITIZEN COMPLAINTS RECEIVED AND REPORTED BY A LAW 20 15 ENFORCEMENT AGENCY. The bill requires each law enforcement 20 16 agency to report annually to the attorney general the total 20 17 number of citizen complaints received by the law enforcement 20 18 agency alleging misconduct by an officer. The report shall be 20 19 disaggregated by race, color, ethnicity, religion, national 20 20 origin, gender identity or expression, sexual orientation, 20 21 English language proficiency, or mental or physical disability, 20 22 and by the result of the complaint. 20 23 DATA COMPILED BY THE ATTORNEY GENERAL. The bill requires the 20 24 attorney general, in consultation with the community policing 20 25 advisory board and the Iowa civil rights commission, and with 20 26 input from stakeholders including federal, state, and local 20 27 law enforcement agencies, local communities, researchers, 20 28 and civil rights organizations, to adopt rules pursuant to 20 29 Code chapter 17A for law enforcement agency collection and 20 30 compilation of law enforcement activities related to traffic, 20 31 bicycle, or pedestrian stops, and citizen complaints. The 20 32 rules adopted under the bill shall do the following: require 20 33 each law enforcement agency to collect and compile data as 20 34 required under the bill; require each law enforcement agency to 20 35 prominently publicize the compiled data on the law enforcement 21 1 agency's internet site; require each law enforcement agency to 21 2 maintain all data collected, compiled, and reported under the 21 3 bill for at least four years; and provide for the protection 21 4 and privacy of any personal identifying information about the 21 5 officer or the individual stopped that is contained in the 21 6 collected and compiled data. 21 7 The bill provides that a law enforcement agency shall not 21 8 grant access to personal identifying information contained 21 9 in the data collected by the law enforcement agency to any 21 10 individual except to a federal, state, local, or tribal 21 11 government employee or agent who requires access to such 21 12 information in order to fulfill the purposes of the bill. 21 13 However, the bill provides that a law enforcement agency 21 14 may permit a contractor or nongovernmental agent access to 21 15 personal identifying information that is contained in the data 21 16 collected, if the contractor or nongovernmental agent signs an 21 17 agreement which prohibits further disclosure of the personal 21 18 identifying information beyond disclosure to the contractor or 21 19 nongovernmental agent. 21 20 The bill requires the attorney general to in turn compile 21 21 the data collected from law enforcement agencies for analysis. 21 22 The bill further requires the attorney general to provide the 21 23 compiled data to the community policing advisory board, the 21 24 Iowa civil rights commission, and the division of criminal and 21 25 juvenile justice planning of the department of human rights, 21 26 and to any other agency, board, or department the attorney 21 27 general deems appropriate. 21 28 The bill specifies that the division of criminal and 21 29 juvenile justice planning of the department of human rights 21 30 shall analyze the data provided from the attorney general and 21 31 provide an analysis of the data in a statistical form to the 21 32 attorney general, community policing advisory board, and the 21 33 Iowa civil rights commission. 21 34 In consultation with the community policing advisory board, 21 35 the bill requires the attorney general to prescribe guidelines 22 1 recommending best practices to alleviate profiling, setting 22 2 comparative benchmarks consistent with best practices against 22 3 which collected and compiled data shall be monitored and 22 4 measured, while providing for the protection and the privacy of 22 5 the personal identifying information of individuals whose data 22 6 is collected and compiled. 22 7 The bill requires the attorney general to report law 22 8 enforcement agency specific data in statistical form on an 22 9 annual basis to the community policing advisory board, the Iowa 22 10 civil rights commission, and to the public, without revealing 22 11 personal identifying information. The public report shall be 22 12 accessible from a prominent place on the attorney general's 22 13 internet site. 22 14 USE OF DATA IN DISPARATE TREATMENT AND DISPARATE IMPACT 22 15 CASES. The bill specifies that data compiled pursuant to the 22 16 bill is admissible in individual and pattern and practice 22 17 disparate treatment profiling cases and in disparate impact 22 18 profiling cases under the Iowa civil rights Act. 22 19 TRAINING. The bill requires that each law enforcement 22 20 agency provide training to officers on issues related to 22 21 the prevention of profiling, data collection, and reporting 22 22 methods. Every officer in the state must participate in annual 22 23 training pursuant to the bill. The Iowa law enforcement 22 24 academy shall develop and disseminate training guidelines for 22 25 all officers consistent with the best practices guidelines 22 26 issued by the attorney general under the bill. 22 27 The training guidelines developed by the Iowa law 22 28 enforcement academy pursuant to the bill shall include all 22 29 of the following: an emphasis on officer understanding 22 30 and respect for diverse communities and the importance of 22 31 effective, noncombative methods of carrying out law enforcement 22 32 activities; instruction on diverse communities in order to 22 33 foster mutual respect and cooperation; an examination of the 22 34 patterns, practices, and protocols that cause profiling, 22 35 and the tools to prevent such actions; an examination 23 1 and identification of key indices and perspectives that 23 2 make up differences among residents in a local community; 23 3 instruction on implicit bias and consideration of the 23 4 negative impact of bias, whether intentional or implicit, 23 5 on effective law enforcement, including examination of how 23 6 historical perceptions of profiling have harmed community 23 7 relations; instruction on the perspectives of diverse local 23 8 constituency groups from experts on particular cultural and 23 9 law enforcement=community relations issues in a local area; a 23 10 presentation of the history and the role of the civil rights 23 11 movement and the impact on law enforcement; and instruction 23 12 about preventing profiling and each officer's specific 23 13 obligations to prevent, report, and respond to profiling by 23 14 fellow officers. 23 15 REPORTING PROFILING ==== RETALIATION ==== PENALTIES. The bill 23 16 provides that each officer has an obligation to prevent, 23 17 report, and respond to profiling, discrimination, or biased 23 18 practices by a fellow officer. The bill specifies that it 23 19 shall be an unlawful employment practice under the Iowa civil 23 20 rights Act, Code chapter 216, for an employer or the employees, 23 21 or other agents, to discriminate against an employee because of 23 22 the employee's opposition to profiling, or because the officer 23 23 made a charge, testified against, assisted, or participated in 23 24 any manner in an investigation, proceeding, or hearing related 23 25 to profiling. 23 26 The bill specifies that an officer or an employee of a 23 27 law enforcement agency who retaliates against an officer or 23 28 employee for making a charge, testifying against, assisting, or 23 29 participating in any manner in an investigation, proceeding, or 23 30 hearing related to profiling shall be subject to discipline, 23 31 including dismissal. 23 32 The bill prohibits retaliation against an officer or 23 33 employee who files a report of an occurrence of profiling 23 34 against an officer. A person who violates this provision 23 35 commits a simple misdemeanor. 24 1 STATUTORY REMEDIES. The bill provides that the remedies 24 2 authorized in the bill are not exclusive and do not foreclose 24 3 an individual from asserting any remedies the individual may 24 4 have based on the common law or other statutes. 24 5 STATE MANDATE. The bill may include a state mandate as 24 6 defined in Code section 25B.3. The bill makes inapplicable 24 7 Code section 25B.2, subsection 3, which would relieve a 24 8 political subdivision from complying with a state mandate if 24 9 funding for the cost of the state mandate is not provided or 24 10 specified. Therefore, political subdivisions are required to 24 11 comply with any state mandate included in the bill. 24 12 EFFECTIVE DATE. The bill takes effect on October 1, 2016. LSB 5787XS (6) 86 jm/rj
