Bill Text: IA SF2280 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to law enforcement profiling by standardizing collection and centralizing the compilation and reporting of officer stop and compliant data, providing for officer training, creating a community policing advisory board, providing for penalties and remedies, and including effective date provisions. (Formerly SSB 1177.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-15 - Referred to Judiciary. S.J. 692. [SF2280 Detail]
Download: Iowa-2017-SF2280-Introduced.html
Senate File 2280 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1177) A BILL FOR 1 An Act relating to law enforcement profiling by standardizing 2 collection and centralizing the compilation and reporting 3 of officer stop and compliant data, providing for officer 4 training, creating a community policing advisory board, 5 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 1934SV (3) 87 jm/rj PAG LIN 1 1 Section 1. Section 80B.11, subsection 1, paragraphs a and b, 1 2 Code 2018, are amended to read as follows: 1 3 a. Minimum entrance requirements, course of study, 1 4 attendance requirements, and equipment and facilities required 1 5 at approved law enforcement training schools. Minimum age 1 6 requirements for entrance to approved law enforcement training 1 7 schools shall be eighteen years of age. Minimum course of 1 8 study requirements shall include a separate domestic abuse 1 9 curriculum, which may include but is not limited to outside 1 10 speakers from domestic abuse shelters and crime victim 1 11 assistance organizations. Minimum course of study requirements 1 12 shall also include a sexual assault curriculum, and a separate 1 13 curriculum regarding the prevention of profiling as defined in 1 14 section 80H.2. 1 15 b. Minimum basic training requirements law enforcement 1 16 officers employed after July 1, 1968, must complete in order 1 17 to remain eligible for continued employment and the time 1 18 within which such basic training must be completed. Minimum 1 19 requirements shall mandate training devoted to the topic of 1 20 domestic abuse,andsexual assault, and the prevention of 1 21 profiling as defined in section 80H.2. The council shall 1 22 submit an annual report to the general assembly by January 15 1 23 of each year relating to the continuing education requirements 1 24 devoted to the topic of domestic abuse, and the prevention of 1 25 profiling as defined in section 80H.2, including the number of 1 26 hours required, the substance of the classes offered, and other 1 27 related matters. 1 28 Sec. 2. Section 80B.11, subsection 1, paragraph c, 1 29 subparagraph (2), Code 2018, is amended to read as follows: 1 30 (2) In=service training under this paragraph "c" shall 1 31 include the requirement that all law enforcement officers 1 32 complete a course on the prevention of profiling as defined in 1 33 section 80H.2, and a course on investigation, identification, 1 34 and reporting of public offenses based on the race, color, 1 35 religion, ancestry, national origin, political affiliation, 2 1 sex, sexual orientation, age, or disability of the victim. The 2 2 director shall consult with the civil rights commission, the 2 3 department of public safety, and the prosecuting attorneys 2 4 training coordinator in developing the requirements for this 2 5 course and may contract with outside providers for this course. 2 6 Sec. 3. NEW SECTION. 80H.1 Purpose ==== construction. 2 7 It is the purpose of this chapter to prohibit racial and 2 8 ethnic profiling in law enforcement, to foster trust and 2 9 cooperation with law enforcement in Iowa communities, and 2 10 to create a safer state for all Iowans, law enforcement and 2 11 citizens alike. 2 12 Sec. 4. NEW SECTION. 80H.2 Definitions. 2 13 As used in this chapter, unless the context otherwise 2 14 requires: 2 15 1. "Board" means the community policing advisory board. 2 16 2. a. "Discriminatory pretextual stop" means a stop 2 17 involving disparate treatment by the officer or a stop 2 18 for which the person's race, color, ethnicity, religion, 2 19 or national origin was considered or relied upon or was a 2 20 motivating factor in the officer's decision to make the stop 2 21 or to take other action during the stop, including a request 2 22 to consent to a search. 2 23 b. It is not a discriminatory pretextual stop when an 2 24 officer bases the officer's decision to make a stop on a 2 25 specific suspect description=based identification that includes 2 26 in the suspect's identification one or more of the personal 2 27 characteristics or traits listed in subsection 4. 2 28 3. "Disparate treatment" means differential treatment of 2 29 a person on the basis of race, color, ethnicity, religion, or 2 30 national origin. 2 31 4. "Division of criminal and juvenile justice planning" means 2 32 the division of criminal and juvenile justice planning of the 2 33 department of human rights. 2 34 5. "Law enforcement activities" mean any of the following: 2 35 traffic, bicyclist, or pedestrian stops by an officer; and 3 1 actions during a stop, including asking questions, frisks, 3 2 consensual and nonconsensual searches of an individual or any 3 3 property, seizing any property, removing occupants from a motor 3 4 vehicle during a traffic stop, issuing a warning or citation, 3 5 and making an arrest. "Law enforcement activities" does not 3 6 include any of the following: road blocks, vehicle check 3 7 points, and security checks where every person seeking to enter 3 8 a venue or facility is subject to detention, questioning, or 3 9 a search of person or property, and responses to appeals for 3 10 service. 3 11 6. "Officer" means a peace officer, as defined in section 3 12 801.4 including while employed off=duty by a private employer 3 13 and in uniform, but not including a probation officer or a 3 14 parole officer. 3 15 7. "Personal identifying information" means a person's name, 3 16 address, or any other information that would allow a third 3 17 party to identify the person by name. 3 18 8. "Pretextual stop" means a stop by an officer of a driver 3 19 or passenger, a bicyclist, or a pedestrian for an alleged 3 20 violation of the law, to allow the officer to then question 3 21 and probe for information that might suggest the person 3 22 has committed some not apparent or yet=to=be identified law 3 23 violation. A stop shall be considered a pretextual stop under 3 24 the following circumstances: 3 25 a. When the race, color, ethnicity, religion, or national 3 26 origin of the person stopped was considered or relied upon 3 27 or was a motivating factor in making the decision to make a 3 28 racially discriminatory stop. 3 29 b. When the officer prolonged the stop beyond the amount 3 30 of time when the law enforcement tasks tied to the alleged 3 31 violation are or reasonably should have been completed. 3 32 9. "Profiling" means any of the following when an officer is 3 33 deciding to initiate law enforcement activities including the 3 34 use and scope of such activities: 3 35 a. Consideration or reliance upon actual or perceived race, 4 1 color, ethnicity, religion, or national origin. 4 2 b. Disparate treatment of a person. 4 3 c. Making or conducting a discriminatory pretextual stop. 4 4 10. "Specific suspect description=based identification" means 4 5 a reasonably detailed physical description of the personal 4 6 identifying characteristics of a potential suspect, including 4 7 but not limited to age, sex, ethnicity, race, or English 4 8 language proficiency. 4 9 11. "Stop" means the detention of a person by an officer, 4 10 including a temporary detention. 4 11 Sec. 5. NEW SECTION. 80H.3 Profiling ==== prohibition ==== 4 12 allowed policy and actions. 4 13 1. An officer shall not engage in profiling in the course of 4 14 performing law enforcement activities. 4 15 2. This section shall not prohibit any of the following: 4 16 a. A law enforcement agency's policy allowing the use of 4 17 information that has been provided by a victim describing the 4 18 personal identifying characteristics of an alleged perpetrator 4 19 of a crime in order to seek out persons who match that 4 20 description. 4 21 b. An action by an officer that relies upon any of the 4 22 following: 4 23 (1) Personal identifying information or a specific suspect 4 24 description=based identification. However, a specific suspect 4 25 description=based identification only provides probable 4 26 cause or reasonable suspicion to stop a person who reasonably 4 27 resembles the person described in that identification, and does 4 28 not allow an officer to stop a person merely because the person 4 29 is of the same race, color, ethnicity, religion, or national 4 30 origin as the suspect. 4 31 (2) A person's observed behavior linking that person or 4 32 another person to suspected unlawful activity that establishes 4 33 probable cause or a reasonable suspicion that criminal activity 4 34 is afoot. 4 35 (3) Other trustworthy information or circumstances, 5 1 relevant to the locality and time frame, linking a person to 5 2 suspected unlawful activity that establishes probable cause or 5 3 a reasonable suspicion that criminal activity is afoot. 5 4 c. A traffic stop when directed at the traffic=related 5 5 mission, namely, checking a driver's license, vehicle 5 6 registration, insurance or financial responsibility, 5 7 outstanding warrants, and issuing citations or preparing 5 8 warnings. However, the authority for a traffic stop ends 5 9 when the officer's tasks tied to the traffic infraction that 5 10 is the basis for the stop are or reasonably should have been 5 11 completed. 5 12 Sec. 6. NEW SECTION. 80H.4 Community policing advisory 5 13 board ==== establishment and role. 5 14 1. The attorney general shall establish a community 5 15 policing advisory board for the purpose of recognizing and 5 16 promoting awareness of profiling by law enforcement, reviewing 5 17 data collected under this chapter and the analysis thereof, and 5 18 facilitating discussion of best practices to prevent profiling. 5 19 In establishing the board, the attorney general shall ensure 5 20 that the board is racially and ethnically diverse and gender 5 21 balanced. The attorney general shall also provide or arrange 5 22 for necessary staff to assist the board. 5 23 2. The board shall consist of sixteen voting members and 5 24 four ex officio, nonvoting members. 5 25 a. The attorney general shall appoint nine voting members 5 26 nominated from the following described organizations or groups 5 27 or who hold the following described positions: 5 28 (1) Four representatives from community organizations 5 29 historically associated with efforts to eliminate racial 5 30 discrimination that work with victims of racial and ethnic 5 31 profiling, of whom one representative shall be at least sixteen 5 32 years of age but not more than twenty=four years of age at the 5 33 time of appointment. 5 34 (2) Three representatives from advocacy groups that support 5 35 persons who have experienced discrimination based on race, 6 1 color, ethnicity, religion, or national origin. 6 2 (3) Two members of the clergy who have significant 6 3 experience in addressing and reducing racial discrimination and 6 4 other biases. 6 5 b. The following seven voting members shall serve on the 6 6 board: 6 7 (1) The attorney general or the attorney general's 6 8 designee. 6 9 (2) The director of the department of public safety or the 6 10 director's designee. 6 11 (3) The director of the Iowa law enforcement academy. 6 12 (4) The state public defender or the state public defender's 6 13 designee. 6 14 (5) The director of the Iowa civil rights commission. 6 15 (6) The president of the board of directors of the Iowa 6 16 police chiefs association, or the president's designee. 6 17 (7) The president of the Iowa state sheriffs' and deputies' 6 18 association or the president's designee. 6 19 c. The board shall include four members of the general 6 20 assembly who shall serve as ex officio, nonvoting members. The 6 21 legislative members shall be appointed as follows: 6 22 (1) One member of the senate appointed by the majority 6 23 leader of senate. 6 24 (2) One member of the senate appointed by the minority 6 25 leader of the senate. 6 26 (3) One member of the house of representatives appointed by 6 27 the speaker of the house of representatives. 6 28 (4) One member of the house of representatives appointed by 6 29 the minority leader of the house of representatives. 6 30 3. Notwithstanding section 7E.6, nonlegislative members 6 31 shall only receive reimbursement for actual expenses for 6 32 performance of their official duties as members of the board. 6 33 Members of the general assembly shall not receive a per diem 6 34 but shall receive reimbursement for necessary travel and actual 6 35 expenses incurred in the performance of their official duties. 7 1 4. The board may act or make recommendations only upon a 7 2 vote of a majority of the voting membership of the board. 7 3 5. a. The initial term of a member appointed pursuant 7 4 to subsection 2, paragraph "a", subparagraph (1), shall be 7 5 four years, and after the initial term has been served, the 7 6 appointment shall be for a term of four years. 7 7 b. The initial term of a member appointed pursuant to 7 8 subsection 2, paragraph "a", subparagraph (2) or (3), shall 7 9 be two years, and after the initial term has been served, the 7 10 appointment shall be for a term of four years. 7 11 6. Each year the board shall elect two voting members as 7 12 co=chairpersons. 7 13 7. The board shall do all of the following by April 1, 2019: 7 14 a. Approve rules prior to their adoption by the department 7 15 of justice pursuant to chapter 17A. 7 16 b. Develop a standard notice form to be provided to a person 7 17 stopped by an officer, when practicable, informing the person 7 18 of the person's right to file a complaint with the Iowa civil 7 19 rights commission if the person believes that the person has 7 20 been a victim of profiling. 7 21 c. Advise the department of justice regarding the 7 22 department's development of guidelines for the collection, 7 23 compilation, and reporting of traffic, bicycle, and pedestrian 7 24 stop data in order to ensure uniform reporting practices across 7 25 all reporting law enforcement agencies. 7 26 8. Each year beginning July 1, 2020, the board shall do all 7 27 of the following: 7 28 a. Evaluate and comment upon the collection, compilation, 7 29 and reporting of traffic, bicycle, and pedestrian stop data by 7 30 law enforcement agencies reported to the department of justice. 7 31 b. Review the analysis of such data by the division of 7 32 criminal and juvenile justice planning and consider the 7 33 effectiveness of law enforcement training under section 80G.8, 7 34 including whether the training could be improved. 7 35 c. Work in partnership with state and local law enforcement 8 1 agencies to review and analyze profiling across geographic 8 2 areas of this state. 8 3 d. Consult available evidence=based research on intentional 8 4 and implicit biases, and their impact on law enforcement stop, 8 5 search, and seizure tactics. 8 6 e. (1) Issue an annual report that provides the board's 8 7 analysis of the board activities required by paragraphs "a" 8 8 through "d", makes detailed findings on the past and current 8 9 status of profiling, and makes policy recommendations for 8 10 eliminating profiling and other discriminatory practices. 8 11 (2) The report shall be retained and made available to the 8 12 public by posting the report on the attorney general's internet 8 13 site. The report shall first be issued by February 1, 2021, 8 14 and by February 1 every year thereafter. 8 15 (3) The report is a public record within the meaning of 8 16 chapter 22 subject to public inspection under chapter 22. 8 17 f. Hold at least three annual public meetings to discuss 8 18 profiling and potential reforms to prevent profiling. The 8 19 board shall provide notice to the public of the location of 8 20 each public meeting at least sixty days before the date of the 8 21 meeting. 8 22 9. The board shall be subject to the provisions of chapters 8 23 21 and 22. 8 24 Sec. 7. NEW SECTION. 80H.5 Notice of right to file 8 25 complaint with the civil rights commission. 8 26 A law enforcement agency shall require, when practicable, 8 27 an officer who makes a stop to provide to the person stopped 8 28 the standard notice form developed by the board informing the 8 29 person of the person's right to file a complaint with the civil 8 30 rights commission if the person believes that the person has 8 31 been a victim of profiling. 8 32 Sec. 8. NEW SECTION. 80H.6 Data collection and reporting. 8 33 1. Each state and local law enforcement agency shall 8 34 annually submit to the department of justice, no later than 8 35 December 31 of each year, the agency's current policies that 9 1 address profiling, and the agency shall post and maintain the 9 2 current policy on the internet site of the agency. 9 3 2. Each state and local law enforcement agency shall 9 4 collect and compile data on every traffic, bicycle, and 9 5 pedestrian stop conducted by the officers of the agency during 9 6 the calendar year, and shall submit a report annually to the 9 7 department of justice. The following information shall be 9 8 collected, compiled, and reported on each stop, including stops 9 9 that involve questioning and driver's license and vehicle 9 10 registration checks but do not result in a written citation or 9 11 written warning: 9 12 a. The time, date, location, and duration of the stop. 9 13 b. The reason for the stop. 9 14 c. Whether a driver's license or vehicle registration check 9 15 was run. 9 16 d. Whether an oral or written warning was given or a 9 17 citation issued. 9 18 e. The offense the person was arrested for, if applicable. 9 19 f. The following identifying characteristics of the person 9 20 stopped including perceived race, ethnicity, English language 9 21 proficiency, sex, and approximate age. The identification of 9 22 these characteristics shall be based principally on information 9 23 digitally accessible from the person's driver's license or 9 24 nonoperator's identification card and only secondarily on the 9 25 observation and perception of the officer making the stop. The 9 26 officer shall not be required to inquire about race, ethnicity, 9 27 and English language proficiency of the person stopped. The 9 28 identifying characteristics of a passenger in a motor vehicle 9 29 shall also be reported if the stop involved both the passenger 9 30 and a search reported under paragraph "g". 9 31 g. The following actions taken by an officer during the 9 32 stop: 9 33 (1) Whether the officer asked for consent to search the 9 34 person or vehicle and whether consent was provided. 9 35 (2) Whether the officer searched the person or any property, 10 1 and if a search was performed, the basis for the search. 10 2 (3) Whether the officer seized any property, and a 10 3 description of the property seized and the basis for seizing 10 4 the property. 10 5 (4) Whether the officer used physical force or physical 10 6 force was used against the officer. 10 7 h. Other information which the officer or law enforcement 10 8 agency considers appropriate. 10 9 3. In consultation with law enforcement agencies, the 10 10 division of criminal and juvenile justice planning, and 10 11 the board, the attorney general shall develop a uniform 10 12 standardized form for each law enforcement agency to use in 10 13 collecting, compiling, and reporting the information described 10 14 in subsection 2. 10 15 4. Each state law enforcement agency and a local law 10 16 enforcement agency in the state with jurisdiction over fifty 10 17 thousand residents shall submit the agency's first report on 10 18 or before January 1, 2020. A local law enforcement agency 10 19 in the state with jurisdiction over twenty=five thousand 10 20 residents but not more than fifty thousand residents shall 10 21 submit the agency's first report on or before January 1, 2021. 10 22 The remaining local law enforcement agencies shall submit the 10 23 agency's first report on or before January 1, 2022. 10 24 5. Except as otherwise provided in this chapter, a 10 25 law enforcement agency shall not grant access to personal 10 26 identifying information contained in the data collected by 10 27 the law enforcement agency to any person except to a federal, 10 28 state, local, or tribal government employee or agent who 10 29 requires access to such information in order to collect, 10 30 compile, and report the data. 10 31 6. A law enforcement agency may permit a contractor 10 32 or nongovernmental agent access to personal identifying 10 33 information that is contained in the data collected, if the 10 34 contractor or nongovernmental agent signs an agreement which 10 35 prohibits access of the personal identifying information beyond 11 1 access to the contractor or nongovernmental agent, and if the 11 2 contractor or nongovernmental agent assures the law enforcement 11 3 agency in the agreement that adequate security measures have 11 4 been implemented to prevent unauthorized access to the personal 11 5 identifying information. 11 6 Sec. 9. NEW SECTION. 80H.7 Department of justice adoption 11 7 of rules for data collection ==== analysis of data by division of 11 8 criminal and juvenile justice planning. 11 9 1. In consultation with the board and the Iowa civil rights 11 10 commission, and with input from stakeholders including federal, 11 11 state, and local law enforcement agencies, local communities, 11 12 researchers, and civil rights organizations, the department 11 13 of justice shall adopt rules pursuant to chapter 17A for law 11 14 enforcement agency collection, compilation, and reporting 11 15 of law enforcement data related to traffic, bicycle, and 11 16 pedestrian stops. The rules adopted under this section must 11 17 do the following: 11 18 a. Require each law enforcement agency to collect and 11 19 compile data as required by section 80H.6, and report annually 11 20 to the department of justice on the agency's traffic, bicycle, 11 21 and pedestrian stops on a standardized form developed by the 11 22 attorney general. 11 23 b. Require each law enforcement agency to prominently 11 24 publicize the compiled data reported to the attorney general 11 25 pursuant to section 80H.6, on at least a quarterly basis, on 11 26 the law enforcement agency's internet site, or make such data 11 27 available electronically within thirty days upon request if the 11 28 law enforcement agency lacks an internet site. 11 29 c. Require each law enforcement agency and the division of 11 30 criminal and juvenile justice planning to maintain all data 11 31 collected, compiled, and reported pursuant to section 80G.6 for 11 32 at least fifteen years. 11 33 d. Provide for the protection and privacy of any personal 11 34 identifying information about the officer or the person stopped 11 35 that is contained in the data by removing any such personal 12 1 identifying information prior to publicizing the data pursuant 12 2 to paragraph "b" and subsection 2. 12 3 2. The division of criminal and juvenile justice planning 12 4 shall compile all data reported to the department of justice 12 5 pursuant to this chapter, and shall analyze annually the data 12 6 in a timely manner, and provide the analysis of the data, along 12 7 with the compiled data, to the department of justice, the 12 8 board, the Iowa civil rights commission, and the public. The 12 9 report shall be accessible to the public from a prominent place 12 10 on the internet sites of the department of human rights, the 12 11 department of justice, and the Iowa civil rights commission. 12 12 The report shall include disaggregated statistical data for 12 13 each reporting law enforcement agency, and, at a minimum, each 12 14 reporting law enforcement agency's total results for each data 12 15 collection criterion for the calendar year. 12 16 3. If a law enforcement agency is noncompliant with the 12 17 collection, compilation, and reporting duties of this section, 12 18 the attorney general shall take necessary action, including 12 19 seeking a writ of mandamus and other appropriate judicial 12 20 remedies, to secure compliance. 12 21 Sec. 10. NEW SECTION. 80H.8 Training. 12 22 1. The director of the Iowa law enforcement academy, 12 23 subject to the approval of the Iowa law enforcement academy 12 24 council, shall develop and disseminate training guidelines 12 25 and best practices to reduce and eliminate profiling. In 12 26 developing the training guidelines and best practices, the 12 27 director shall consult with the department of justice, the 12 28 board, the Iowa civil rights commission, and the division of 12 29 criminal and juvenile justice planning, with opportunity for 12 30 input from federal, state, and local law enforcement agencies, 12 31 civil rights organizations, and persons having an interest and 12 32 expertise in the field of cultural awareness and diversity. 12 33 2. Each law enforcement agency shall provide, and every 12 34 officer shall participate in training on issues related to 12 35 profiling, prevention of profiling, data collection, reporting 13 1 methods, and best practices at least every other year. 13 2 Sec. 11. NEW SECTION. 80H.9 Retaining and producing stop 13 3 data, reporting profiling, and prohibiting retaliation. 13 4 1. The division of criminal and juvenile justice planning 13 5 and each law enforcement agency shall retain and, upon request, 13 6 shall produce personal identifying stop data for individual 13 7 officers for use by the law enforcement agency and the Iowa 13 8 civil service commission for internal investigation and 13 9 disciplinary proceedings, for use by the Iowa civil rights 13 10 commission when investigating or adjudicating a charge 13 11 of discrimination under section 216.10A, and for use by a 13 12 complainant upon receipt of a right to sue letter from the 13 13 commission. Such personal identifying stop data for an 13 14 individual officer and the division of criminal and juvenile 13 15 justice planning's analysis of that data are admissible in an 13 16 adjudication of a claim of unfair or discriminatory practice 13 17 under section 216.10A. 13 18 2. An officer is obligated to prevent, report, and respond 13 19 to profiling by a fellow officer. An officer or employee of a 13 20 law enforcement agency who opposes profiling or makes a charge, 13 21 testifies against, assists, or participates in any manner in an 13 22 investigation, proceeding, or hearing related to profiling is 13 23 protected against retaliation by section 216.11. 13 24 3. An officer or an employee of a law enforcement agency 13 25 who retaliates against an officer or employee for opposing 13 26 profiling or making a charge, testifying against, assisting, or 13 27 participating in any manner in an investigation, proceeding, or 13 28 hearing related to profiling shall be subjected to discipline, 13 29 including dismissal. 13 30 Sec. 12. NEW SECTION. 80H.10 Statutory remedies not 13 31 exclusive. 13 32 The remedies authorized in this chapter are not exclusive 13 33 and do not foreclose a person from asserting any remedies the 13 34 person may have based on the common law or other statutes. 13 35 Sec. 13. Section 216.2, subsection 15, Code 2018, is amended 14 1 to read as follows: 14 2 15. "Unfair practice" or "discriminatory practice" means 14 3 those practices specified as unfair or discriminatory in 14 4 sections 216.6, 216.6A, 216.7, 216.8, 216.8A, 216.9, 216.10, 14 5 216.10A, 216.11, and 216.11A. 14 6 Sec. 14. Section 216.6, subsection 1, Code 2018, is amended 14 7 by adding the following new paragraph: 14 8 NEW PARAGRAPH. e. Employer or the employees or agents 14 9 thereof to discriminate against an employee because the 14 10 employee makes a charge, testifies against, assists, or 14 11 participates in any manner in an investigation, proceeding, or 14 12 hearing related to profiling pursuant to chapter 80H. 14 13 Sec. 15. NEW SECTION. 216.10A Profiling ==== unfair or 14 14 discriminatory practice. 14 15 1. It shall be an unfair or discriminatory practice under 14 16 section 216.10A for a peace officer to engage in profiling as 14 17 defined in chapter 80H. 14 18 2. The data compiled pursuant to chapter 80H is admissible 14 19 in pattern and practice disparate treatment profiling cases, 14 20 in disparate impact profiling cases, or individual cases under 14 21 chapter 216. 14 22 3. The law enforcement activities described in section 14 23 80H.3 do not constitute an unfair or discriminatory practice. 14 24 Sec. 16. NEW SECTION. 321.182A Application for driver's 14 25 license or nonoperator's identification card ==== race, ethnicity, 14 26 and primary language. 14 27 1. The department shall request a person who applies for a 14 28 driver's license or nonoperator's identification card or for 14 29 renewal of a driver's license or nonoperator's identification 14 30 card to disclose and specify the person's race, ethnicity, and 14 31 primary language, each of which may be disclosed and specified 14 32 at the person's discretion. 14 33 2. Prior to January 15, 2020, and prior to January 15 of 14 34 each year thereafter, the department shall submit a report 14 35 to the general assembly detailing the number of driver's 15 1 license and nonoperator's identification card holders who have 15 2 disclosed and specified a race, ethnicity, or primary language 15 3 pursuant to subsection 1. 15 4 3. The department shall electronically maintain as part of 15 5 a person's record the race, ethnicity, and primary language 15 6 information obtained by the department, but shall not include 15 7 such information on the face or in any machine=readable 15 8 portion of the person's driver's license or nonoperator's 15 9 identification card. Race, ethnicity, and primary language 15 10 information collected by the department shall be considered 15 11 confidential information and is not a public record or 15 12 otherwise subject to disclosure under chapter 22. The 15 13 department shall not release race, ethnicity, and primary 15 14 language information collected under this section except to any 15 15 of the following: 15 16 a. The attorney general for use in the administration of 15 17 chapter 80H. 15 18 b. The community policing advisory board established in 15 19 chapter 80H. 15 20 c. The Iowa civil rights commission. 15 21 d. The state court administrator for use in carrying out the 15 22 administrator's functions as permitted by law. 15 23 e. The division of criminal and juvenile justice planning of 15 24 the department of human rights for use in research activities 15 25 and in producing statistical reports and analysis as permitted 15 26 by law. 15 27 4. For the collection of race, ethnicity, and primary 15 28 language information pursuant to this section, the department 15 29 shall follow, to the extent practicable, the race and ethnicity 15 30 categories, descriptors, or standards utilized by the United 15 31 States census bureau. 15 32 Sec. 17. IMPLEMENTATION OF ACT. Section 25B.2, subsection 15 33 3, shall not apply to this Act. 15 34 Sec. 18. EFFECTIVE DATE. This Act takes effect October 1, 15 35 2018. 16 1 EXPLANATION 16 2 The inclusion of this explanation does not constitute agreement with 16 3 the explanation's substance by the members of the general assembly. 16 4 This bill relates to law enforcement profiling by 16 5 standardizing collection and centralizing the compilation 16 6 and reporting of officer stop and compliant data, providing 16 7 for officer training, creating a community policing advisory 16 8 board, and providing for penalties and remedies, and includes 16 9 effective date provisions. 16 10 LAW ENFORCEMENT OFFICER TRAINING. The bill provides that 16 11 the minimum course study requirements, minimum basic training 16 12 requirements, and in=service training requirements established 16 13 by the Iowa law enforcement academy shall include a course 16 14 relating to the prevention of profiling. 16 15 DEFINITIONS. The bill defines "officer" to mean a peace 16 16 officer, as defined in Code section 801.4, including while 16 17 employed off=duty by a private employer and in uniform, but 16 18 does not include a probation or parole officer. 16 19 The bill defines "law enforcement activities" to mean 16 20 traffic, bicyclist, or pedestrian stops by an officer; and 16 21 actions during a stop, including asking questions, frisks, 16 22 consensual and nonconsensual searches of an individual or any 16 23 property, seizing any property, removing occupants from a motor 16 24 vehicle during a traffic stop, issuing a warning or citation, 16 25 and making an arrest. "Law enforcement activities" do not 16 26 include road blocks, vehicle check points, and security checks 16 27 where every person seeking to enter a venue or facility is 16 28 subject to detention, questioning, or a search of a person or 16 29 property, and responses to appeals for service. 16 30 The bill defines "profiling" to mean a stop by an officer 16 31 of a driver or passenger, a bicyclist, or a pedestrian for an 16 32 alleged violation of the law, to allow the officer to then 16 33 question and probe for information that might suggest the 16 34 person has committed some not apparent or yet to be identified 16 35 law violation. A stop shall be considered a pretextual stop 17 1 under the following circumstances: when the race, color, 17 2 ethnicity, religion, or national origin of the person stopped 17 3 was considered or relied upon or a motivating factor in making 17 4 the decision to make a racially discriminatory stop; or when 17 5 the officer prolonged the stop beyond the amount of time when 17 6 the law enforcement tasks tied to the alleged violation are or 17 7 reasonably should have been completed. 17 8 The bill defines "disparate treatment" to mean differential 17 9 treatment of a person on the basis of race, color, ethnicity, 17 10 religion, or national origin. 17 11 The bill defines "pretextual stop" to mean a stop by an 17 12 officer of a driver or passenger, a bicyclist, or a pedestrian 17 13 for an alleged violation of the law, to allow the officer to 17 14 then question and probe for information that might suggest the 17 15 person had committed some not apparent or yet to be identified 17 16 law violation. 17 17 The bill defines a "discriminatory pretextual stop" to 17 18 mean a stop involving disparate treatment by the officer or a 17 19 stop for which the person's race, color, ethnicity, religion, 17 20 or national origin was considered or relied upon or was a 17 21 motivating factor in the officer's decision to make the stop 17 22 or to take other action during the stop, including a request 17 23 to consent to a search. It is not a discriminatory pretextual 17 24 stop when an officer bases the officer's decision to make a 17 25 stop on a specific suspect description=based identification 17 26 that includes in the suspect's identification one or more 17 27 of the personal characteristics or traits of race, color, 17 28 ethnicity, religion, or national origin. However, a specific 17 29 suspect description=based identification only provides probable 17 30 cause or reasonable suspicion to stop a person who reasonably 17 31 resembles the person described in that identification, and does 17 32 not allow an officer to stop a person merely because the person 17 33 is of the same race, color, ethnicity, religion, or national 17 34 origin as the suspect. 17 35 PROFILING. The bill prohibits an officer from engaging 18 1 in profiling in the course of performing law enforcement 18 2 activities. It is not profiling under the following 18 3 circumstances: when a law enforcement agency's policy allowing 18 4 the use of information that has been provided by a victim 18 5 describing the personal identifying characteristics of an 18 6 alleged perpetrator; an action by an officer that relies 18 7 upon personal identifying information, a specific suspect 18 8 description=based identification, a person's observed behavior, 18 9 and other trustworthy information, except such information 18 10 only provides probable cause or reasonable suspicion to stop 18 11 a person who reasonably resembles the person described in 18 12 that identification; and a traffic stop when directed at the 18 13 traffic=related mission, namely, checking driver's license, 18 14 vehicle registration, insurance or financial responsibility, 18 15 outstanding warrants, and issuing citations or preparing 18 16 warnings, except the authority for a traffic stop ends when 18 17 the officer's tasks tied to the traffic infraction that is 18 18 the basis for the stop are or reasonably should have been 18 19 completed. 18 20 COMMUNITY POLICING ADVISORY BOARD. The bill requires the 18 21 attorney general to establish a community policing advisory 18 22 board for the purpose of recognizing and promoting awareness of 18 23 profiling by law enforcement, providing advice in development 18 24 of best practices to prevent profiling, and monitoring 18 25 implementation of best practices in the field. In establishing 18 26 the board, the bill requires the attorney general to ensure 18 27 that the board is racially and ethnically diverse and gender 18 28 balanced. The bill specifies that the attorney general shall 18 29 also provide or arrange for the staff necessary to assist the 18 30 board. 18 31 The bill provides that the community policing advisory 18 32 board shall consist of 16 voting members and four ex officio, 18 33 nonvoting members. The attorney general shall appoint the 18 34 following nine board members: four representatives from 18 35 community organizations historically associated with efforts 19 1 to eliminate racial discrimination, of whom one representative 19 2 shall be at least 16 years of age but not more than 24 years 19 3 of age at the time of appointment; three representatives from 19 4 advocacy groups that support individuals who have experienced 19 5 discrimination based on race, color, ethnicity, religion, or 19 6 national origin; and two clergy members who have significant 19 7 experience in addressing and reducing racial discrimination and 19 8 other biases. 19 9 The bill specifies that the following individuals shall also 19 10 serve on the community policing advisory board: the attorney 19 11 general or the attorney general's designee, the director of 19 12 the department of public safety, the director of the Iowa law 19 13 enforcement academy, the state public defender or the state 19 14 public defender's designee, the director of the Iowa civil 19 15 rights commission, the president of the board of directors of 19 16 the Iowa police chiefs association or the president's designee; 19 17 and the president of the Iowa state sheriffs' and deputies' 19 18 association or the president's designee. 19 19 The bill specifies that the board shall also include four 19 20 members of the general assembly who shall serve as ex officio, 19 21 nonvoting members, with one member each appointed by the 19 22 majority leader of the senate, the minority leader of the 19 23 senate, the speaker of the house of representatives, and the 19 24 minority leader of the house of representatives. 19 25 The board members generally serve staggered four=year terms. 19 26 The bill provides that the members of the board shall only 19 27 receive reimbursement for actual expenses for performance of 19 28 their official duties as members of the board. 19 29 The bill specifies that the board shall be subject to the 19 30 provisions of Code chapters 21 (open meetings) and 22 (open 19 31 records). 19 32 BOARD ACTIONS REQUIRED BY APRIL 1, 2019. The bill requires 19 33 the board to develop a standard notice form to be provided 19 34 to each individual stopped by an officer, when practicable, 19 35 informing the individual of the individual's right to file 20 1 a complaint with the Iowa civil rights commission if the 20 2 individual believes that the individual has been a victim of 20 3 profiling. 20 4 The bill provides that the board shall advise the attorney 20 5 general when developing rules for the collection, compilation, 20 6 and reporting of traffic, bicycle, and pedestrian stop data 20 7 to ensure the use of uniform reporting practices across all 20 8 reporting law enforcement agencies. 20 9 The bill requires the board to approve rules prior to their 20 10 adoption by the department of justice pursuant to Code chapter 20 11 17A. 20 12 BOARD ACTION REQUIRED BY JULY 1, 2020, AND EVERY YEAR 20 13 THEREAFTER. The bill provides that the board shall annually do 20 14 the following: evaluate and comment upon the data compiled and 20 15 reported to the attorney general by law enforcement agencies 20 16 and the analysis of the data by the division of criminal and 20 17 juvenile justice planning of the department of human rights; 20 18 assess the collection, compilation, and reporting of stop 20 19 data compiled by law enforcement agencies, assess the law 20 20 enforcement training requirement, and determine if these 20 21 requirements are effective; work in partnership with state and 20 22 local law enforcement agencies to review and analyze profiling 20 23 across geographic areas of the state; consult available 20 24 evidence=based research on intentional and implicit biases, 20 25 and the impact on law enforcement stop, search, and seizure 20 26 tactics; issue an annual report that provides the board's 20 27 analysis of the past and current status of profiling across 20 28 the state; and make policy recommendations for eliminating 20 29 profiling. 20 30 The bill also requires the board to hold at least three 20 31 annual public meetings to discuss profiling and potential 20 32 reforms to prevent profiling. 20 33 NOTICE ABOUT FILING PROFILING COMPLAINT. The bill requires 20 34 a law enforcement agency to require, when practicable, each 20 35 officer who makes a stop to provide to each individual stopped 21 1 a standard notice form, developed by the community policing 21 2 advisory board, that discloses the individual's right to file 21 3 a complaint with the Iowa civil rights commission if the 21 4 individual believes that profiling has occurred. 21 5 DATA COLLECTED, COMPILED, AND REPORTED BY A LAW ENFORCEMENT 21 6 AGENCY. The bill requires that each state and local law 21 7 enforcement agency shall annually submit to the department of 21 8 justice, no later than December 31 of each year, the agency's 21 9 current policies that address profiling, and the agency shall 21 10 post and maintain the current policy on the internet site of 21 11 the agency. The bill requires that each law enforcement agency 21 12 collect, compile, and report annually to the department of 21 13 justice the following information related to stops including 21 14 stops that involve questioning, driver's license and vehicle 21 15 registration checks that do not result in a citation or 21 16 warning: the time, date, location, and duration of the stop; 21 17 the reason for the stop; the results of the stop; the warning 21 18 given or citation issued, if applicable; the offense the 21 19 individual was arrested for, if applicable; the identifying 21 20 characteristics of the individual stopped, including perceived 21 21 race, ethnicity, English language proficiency, sex, and 21 22 approximate age; and the actions taken by the officer during 21 23 the stop. The actions to be reported include but are not 21 24 limited to the following: whether the officer asked for 21 25 consent to search the person and whether consent was provided; 21 26 whether the officer searched the individual or any property, 21 27 and if a search was performed, the basis for the search; 21 28 whether the officer seized any property, and a description 21 29 of the property that was seized and the basis for seizing 21 30 the property; whether the officer used physical force or 21 31 physical force was used against the officer; and any additional 21 32 information which the officer or law enforcement agency 21 33 considers appropriate. 21 34 The bill provides that the attorney general, in consultation 21 35 with the division of criminal and juvenile justice of the 22 1 department of human rights, the board, and law enforcement 22 2 agencies, shall develop a uniform standardized form for each 22 3 law enforcement agency to use in collecting, compiling, and 22 4 reporting the information required to be reported. 22 5 The bill provides that each state law enforcement agency 22 6 and the local law enforcement agencies in the state with 22 7 jurisdiction over 50,000 residents shall submit the agency's 22 8 first report on or before December 31, 2019. The local law 22 9 enforcement agencies in the state with jurisdiction over 25,000 22 10 residents but not more than 50,000 residents shall submit the 22 11 agency's first report on or before December 31, 2020. The 22 12 remaining local law enforcement agencies shall submit the 22 13 agency's first report on or before December 31, 2021. 22 14 The bill provides that a law enforcement agency shall not 22 15 grant access to personal identifying information contained 22 16 in the data collected by the law enforcement agency to any 22 17 individual except to a federal, state, local, or tribal 22 18 government employee or agent who requires access to such 22 19 information in order to fulfill the purposes of the bill. 22 20 However, the bill provides that a law enforcement agency 22 21 may permit a contractor or nongovernmental agent access to 22 22 personal identifying information that is contained in the data 22 23 collected, if the contractor or nongovernmental agent signs an 22 24 agreement which prohibits further disclosure of the personal 22 25 identifying information beyond disclosure to the contractor or 22 26 nongovernmental agent. 22 27 DATA COMPILED BY THE DIVISION OF CRIMINAL AND JUVENILE 22 28 JUSTICE PLANNING. The bill requires the attorney general, in 22 29 consultation with the community policing advisory board and the 22 30 Iowa civil rights commission, and with input from stakeholders 22 31 including federal, state, and local law enforcement agencies, 22 32 local communities, researchers, and civil rights organizations, 22 33 to adopt rules pursuant to Code chapter 17A for law enforcement 22 34 agency collection and compilation of law enforcement activities 22 35 related to traffic, bicycle, or pedestrian stops, and citizen 23 1 complaints. The rules adopted under the bill shall do the 23 2 following: require each law enforcement agency to collect 23 3 and compile data as required under the bill; require each law 23 4 enforcement agency to prominently publicize the compiled data 23 5 on the law enforcement agency's internet site; require each law 23 6 enforcement agency to maintain all data collected, compiled, 23 7 and reported under the bill for at least 15 years; and provide 23 8 for the protection and privacy of any personal identifying 23 9 information about the officer or the individual stopped that is 23 10 contained in the collected and compiled data. 23 11 The bill requires the division of criminal and juvenile 23 12 justice planning of the department of human rights to in turn 23 13 compile the data collected from law enforcement agencies for 23 14 analysis. The bill specifies that the division shall analyze 23 15 the data provided. The bill further requires the division 23 16 to provide the compiled data and analysis to the community 23 17 policing advisory board, the Iowa civil rights commission, the 23 18 department of justice, and the public. 23 19 TRAINING GUIDELINES. The bill provides that the director 23 20 of the Iowa law enforcement academy, subject to the approval 23 21 of the Iowa law enforcement academy council, shall develop 23 22 and disseminate training guidelines and best practices to 23 23 reduce and eliminate profiling. In developing the training 23 24 guidelines and best practices, the director shall consult with 23 25 the department of justice, the community policing advisory 23 26 board, the Iowa civil rights commission, and the division of 23 27 criminal and juvenile justice planning, with opportunity for 23 28 input from federal, state, and local law enforcement agencies, 23 29 civil rights organizations, and persons having an interest and 23 30 expertise in the field of cultural awareness and diversity. 23 31 STATUTORY REMEDIES. The bill provides that the remedies 23 32 authorized in the bill are not exclusive and do not foreclose 23 33 an individual from asserting any remedies the individual may 23 34 have based on the common law or other statutes. 23 35 UNFAIR EMPLOYMENT PRACTICES ==== RETALIATION ==== PENALTIES. 24 1 The bill provides that it shall be an unfair discriminatory 24 2 practice under the Iowa civil rights Act, Code chapter 216, 24 3 for a peace officer to engage in profiling described in the 24 4 bill. The bill also specifies certain behaviors that do 24 5 not constitute an unfair discriminatory practice. The bill 24 6 provides that it is an unfair or discriminatory practice for 24 7 an employer or the employees of the employer to discriminate 24 8 against another employee because the employee makes a charge, 24 9 testifies against, assists, or participates in any manner in 24 10 an investigation, proceeding, or hearing related to profiling. 24 11 The bill specifies that it shall be an unlawful employment 24 12 practice under the Iowa civil rights Act, Code chapter 216, for 24 13 an employer or the employees, or other agents, to discriminate 24 14 against an employee because of the employee's opposition to 24 15 profiling, or because the officer made a charge, testified 24 16 against, assisted, or participated in any manner in an 24 17 investigation, proceeding, or hearing related to profiling. 24 18 The bill specifies that an officer or an employee of a 24 19 law enforcement agency who retaliates against an officer or 24 20 employee for making a charge, testifying against, assisting, or 24 21 participating in any manner in an investigation, proceeding, or 24 22 hearing related to profiling shall be subject to discipline, 24 23 including dismissal. 24 24 USE OF DATA IN DISPARATE TREATMENT AND DISPARATE IMPACT 24 25 CASES. The bill specifies that data compiled pursuant to the 24 26 bill is admissible in individual and pattern and practice 24 27 disparate treatment profiling cases and in disparate impact 24 28 profiling cases under the Iowa civil rights Act. 24 29 DRIVER'S LICENSE AND NONOPERATOR'S IDENTIFICATION. The bill 24 30 provides that the department of transportation shall request 24 31 a person who applies for a driver's license or nonoperator's 24 32 identification card or for renewal of a driver's license or 24 33 nonoperator's identification card to disclose and specify the 24 34 person's race, ethnicity, and primary language, each of which 24 35 may be disclosed and specified at the person's discretion. 25 1 Under the bill, prior to January 15, 2020, and prior 25 2 to January 15 of each year thereafter, the department of 25 3 transportation shall submit a report to the general assembly 25 4 detailing the number of driver's license and nonoperator's 25 5 identification card holders who have disclosed and specified a 25 6 race, ethnicity, or primary language. 25 7 The bill provides that the department shall electronically 25 8 maintain as part of a person's record the race, ethnicity, 25 9 and primary language information obtained by the department, 25 10 but shall not include such information on the face or in any 25 11 machine=readable portion of the person's driver's license or 25 12 nonoperator's identification card. 25 13 The department of transportation shall not release race, 25 14 ethnicity, and primary language information collected under 25 15 this Code section except to any of the following: the 25 16 department of justice, the community policing advisory 25 17 board, the Iowa civil rights commission, the state court 25 18 administrator, and the division of criminal and juvenile 25 19 justice planning of the department of human rights for use in 25 20 research activities and in producing statistical reports and 25 21 analysis as permitted by law. 25 22 STATE MANDATE. The bill may include a state mandate as 25 23 defined in Code section 25B.3. The bill makes inapplicable 25 24 Code section 25B.2, subsection 3, which would relieve a 25 25 political subdivision from complying with a state mandate if 25 26 funding for the cost of the state mandate is not provided or 25 27 specified. Therefore, political subdivisions are required to 25 28 comply with any state mandate included in the bill. 25 29 EFFECTIVE DATE. The bill takes effect on October 1, 2018. LSB 1934SV (3) 87 jm/rj
