Bill Text: IA SSB3141 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to discrimination and disparate treatment by local entities including law enforcement.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-14 - Subcommittee: Dawson, Kinney, and Schultz. [SSB3141 Detail]
Download: Iowa-2021-SSB3141-Introduced.html
Senate
Study
Bill
3141
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
relating
to
discrimination
and
disparate
treatment
by
1
local
entities
including
law
enforcement.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5538XL
(7)
89
as/rh
S.F.
_____
H.F.
_____
Section
1.
NEW
SECTION
.
80I.1
Purpose
——
construction.
1
It
is
the
purpose
of
this
chapter
to
prohibit
disparate
2
treatment
in
law
enforcement,
including
racial
and
ethnic
3
profiling,
to
foster
trust
and
cooperation
with
law
enforcement
4
in
Iowa
communities
and
to
create
a
safer
state
for
all
Iowans.
5
Sec.
2.
NEW
SECTION
.
80I.2
Definitions.
6
As
used
in
this
chapter,
unless
the
context
otherwise
7
requires:
8
1.
“Board”
means
the
justice
and
community
policing
advisory
9
board
established
in
section
216A.132.
10
2.
“Disparate
treatment”
means
differential
treatment
of
a
11
person
on
the
basis
of
race,
skin
color,
or
national
origin.
12
3.
“Law
enforcement
agency”
means
any
agency,
department,
or
13
division
of
a
municipal
corporation,
political
subdivision,
or
14
other
unit
of
local
government
of
this
state,
and
any
agency,
15
department,
or
division
of
state
government,
having
as
its
16
primary
function
the
prevention
and
detection
of
crime
and
the
17
enforcement
of
the
criminal
laws
of
this
state.
18
4.
“Law
enforcement
officer”
means
the
same
as
defined
in
19
section
80B.3.
20
5.
“Motor
vehicle
stop”
means
any
stop
of
a
motor
vehicle,
21
except
for
a
stop
of
a
motor
truck,
truck
tractor,
semitrailer,
22
trailer,
or
towed
vehicle
at
a
state
weighing
station.
23
Sec.
3.
NEW
SECTION
.
80I.3
Disparate
treatment
prohibited.
24
A
state
or
local
law
enforcement
officer
shall
not
engage
in
25
the
disparate
treatment
of
an
individual
who
has
been
detained
26
or
whose
motor
vehicle
has
been
stopped
by
a
law
enforcement
27
officer.
28
Sec.
4.
NEW
SECTION
.
80I.4
Data
collection
and
reporting.
29
1.
Each
state
and
local
law
enforcement
agency
shall
collect
30
and
compile
the
following
information
on
every
motor
vehicle
31
stop
conducted
by
a
law
enforcement
officer
during
a
calendar
32
year,
and
shall
submit
an
annual
report,
no
later
than
November
33
1,
to
the
division
of
criminal
and
juvenile
justice
planning
of
34
the
department
of
human
rights:
35
-1-
LSB
5538XL
(7)
89
as/rh
1/
10
S.F.
_____
H.F.
_____
a.
The
time,
date,
and
location
of
the
motor
vehicle
stop.
1
b.
The
nature
of
the
alleged
law
violation
that
resulted
in
2
the
motor
vehicle
stop.
3
c.
Whether
an
arrest
was
made
at
the
time
of
the
motor
4
vehicle
stop.
5
d.
Whether
a
search
was
conducted
as
a
result
of
the
motor
6
vehicle
stop.
7
e.
Whether
an
oral
or
written
warning
was
given
or
a
8
citation
was
issued.
9
f.
The
offense
the
person
was
arrested
for,
if
applicable.
10
g.
The
person’s
race
and
ethnicity.
11
h.
Any
other
information
which
the
law
enforcement
officer
12
or
law
enforcement
agency
considers
appropriate.
13
2.
In
consultation
with
law
enforcement
agencies,
the
14
department
of
public
safety,
and
the
division
of
criminal
15
and
juvenile
justice
planning
of
the
department
of
human
16
rights,
the
board
shall
develop
a
uniform
manner
for
each
law
17
enforcement
agency
to
report
the
information
described
in
18
subsection
1.
19
Sec.
5.
NEW
SECTION
.
80I.5
Data
analysis.
20
The
division
of
criminal
and
juvenile
justice
planning
of
21
the
department
of
human
rights
shall
compile
all
data
reported
22
pursuant
to
section
80I.4,
analyze
the
data
in
a
timely
manner,
23
and
provide
an
analysis
of
the
data
along
with
the
compiled
24
data
to
the
board
no
later
than
December
1
of
each
year.
The
25
report
shall
be
accessible
to
the
public
from
a
prominent
place
26
on
the
board’s
website.
27
Sec.
6.
NEW
SECTION
.
80I.6
Investigations.
28
1.
A
law
enforcement
agency
shall
conduct
a
formal
29
administrative
investigation
of
all
complaints,
as
defined
in
30
section
80F.1,
alleging
violations
of
section
80I.3
by
the
31
agency’s
law
enforcement
officers.
32
2.
The
attorney
general
shall
investigate
an
alleged
33
violation
of
section
80I.3
that
is
also
a
violation
of
section
34
27B.3
pursuant
to
a
complaint
filed
under
section
27B.4.
35
-2-
LSB
5538XL
(7)
89
as/rh
2/
10
S.F.
_____
H.F.
_____
Sec.
7.
Section
216A.3,
subsection
2,
paragraph
a,
Code
1
2022,
is
amended
to
read
as
follows:
2
a.
The
voting
members
shall
consist
of
nine
voting
members
3
selected
by
each
of
the
permanent
commissions
within
the
4
department,
and
two
voting
members,
appointed
by
the
governor.
5
For
purposes
of
this
paragraph
“a”
,
“permanent
commissions”
6
means
the
commission
of
Latino
affairs,
commission
on
the
7
status
of
women,
commission
of
persons
with
disabilities,
8
commission
on
community
action
agencies,
commission
of
deaf
9
services,
justice
and
community
policing
advisory
board,
10
commission
on
the
status
of
African
Americans,
commission
of
11
Asian
and
Pacific
Islander
affairs,
and
commission
of
Native
12
American
affairs.
The
term
of
office
for
voting
members
is
13
four
years.
14
Sec.
8.
Section
216A.131,
subsection
2,
Code
2022,
is
15
amended
to
read
as
follows:
16
2.
“Board”
means
the
justice
and
community
policing
advisory
17
board.
18
Sec.
9.
Section
216A.132,
subsection
1,
Code
2022,
is
19
amended
by
striking
the
subsection
and
inserting
in
lieu
20
thereof
the
following:
21
1.
A
justice
and
community
policing
advisory
board
is
22
established
consisting
of
thirty-two
members
who
shall
all
23
reside
in
the
state.
24
a.
The
governor
shall
appoint
thirteen
voting
members
25
each
for
a
four-year
term
beginning
and
ending
as
provided
in
26
section
69.19
and
subject
to
confirmation
by
the
senate
as
27
follows:
28
(1)
A
sheriff
who
is
a
member
of
the
Iowa
state
sheriffs’
29
and
deputies’
association.
30
(2)
A
chief
of
police
who
is
a
member
of
the
Iowa
police
31
chiefs
association.
32
(3)
A
peace
officer
who
is
a
member
of
the
Iowa
peace
33
officers
association.
34
(4)
A
peace
officer
who
is
a
member
of
the
fraternal
order
35
-3-
LSB
5538XL
(7)
89
as/rh
3/
10
S.F.
_____
H.F.
_____
of
police.
1
(5)
A
peace
officer
who
is
a
member
of
the
Iowa
state
police
2
association.
3
(6)
A
representative
from
the
Iowa-Nebraska
national
4
association
for
the
advancement
of
colored
people.
5
(7)
A
representative
from
the
American
civil
liberties
6
union
of
Iowa.
7
(8)
A
representative
from
the
Iowa
coalition
for
collective
8
change.
9
(9)
One
person
who
was
formerly
under
juvenile
court
or
10
correctional
supervision.
11
(10)
A
representative
from
the
office
of
the
state
public
12
defender.
13
(11)
A
representative
from
the
Iowa
county
attorneys
14
association.
15
(12)
Two
persons
representing
the
general
public
who
are
16
not
employed
in
any
law
enforcement,
judicial,
or
corrections
17
capacity
including
one
person
who
is
at
least
fifteen
years
of
18
age
but
less
than
twenty-five
years
of
age.
19
b.
The
following
shall
serve
on
the
board
as
ex
officio,
20
nonvoting
members:
21
(1)
The
chairperson
of
the
commission
on
the
status
of
22
African
Americans
or
its
designee.
23
(2)
The
chairperson
of
the
commission
of
Latino
affairs
or
24
its
designee.
25
(3)
The
chairperson
of
the
commission
of
Asian
and
Pacific
26
Islander
affairs
or
its
designee.
27
(4)
The
chairperson
of
the
commission
of
Native
American
28
affairs
or
its
designee.
29
(5)
The
director
of
the
department
of
human
services
or
its
30
designee.
31
(6)
The
director
of
the
department
of
public
health
or
its
32
designee.
33
(7)
The
commissioner
of
the
department
of
public
safety
or
34
its
designee.
35
-4-
LSB
5538XL
(7)
89
as/rh
4/
10
S.F.
_____
H.F.
_____
(8)
The
director
of
the
Iowa
law
enforcement
academy
or
its
1
designee.
2
(9)
The
director
of
the
department
of
corrections
or
its
3
designee.
4
(10)
The
chairperson
of
the
board
of
parole
or
its
designee.
5
(11)
The
attorney
general
or
its
designee.
6
(12)
The
director
of
the
governor’s
office
of
drug
control
7
policy
or
its
designee.
8
(13)
One
member
representing
the
judicial
district
9
departments
of
correctional
services
designated
by
a
majority
10
of
the
directors
of
the
judicial
district
departments
of
11
correctional
services.
12
(14)
The
chief
justice
of
the
supreme
court
shall
designate
13
the
following:
14
(a)
One
member
who
is
a
district
judge.
15
(b)
One
member
who
is
either
a
district
associate
judge
or
16
associate
juvenile
judge.
17
(15)
The
chairperson
and
ranking
member
of
the
senate
18
committee
on
judiciary
shall
be
ex
officio,
nonvoting
members.
19
In
alternating
two-year
terms,
beginning
and
ending
as
provided
20
in
section
69.16B,
the
chairperson
and
ranking
member
of
the
21
house
committee
on
judiciary
or
of
the
house
committee
on
22
public
safety
shall
be
ex
officio,
nonvoting
members,
with
the
23
chairperson
and
ranking
member
of
the
house
committee
on
public
24
safety
serving
during
the
term
beginning
in
January
2023.
25
Sec.
10.
Section
216A.133,
subsection
3,
paragraph
o,
Code
26
2022,
is
amended
by
adding
the
following
new
subparagraph:
27
NEW
SUBPARAGRAPH
.
(9)
Potential
disparity
in
law
28
enforcement
activities
and
the
delivery
of
law
enforcement
29
services.
30
Sec.
11.
Section
216A.133,
subsection
3,
Code
2022,
is
31
amended
by
adding
the
following
new
paragraphs:
32
NEW
PARAGRAPH
.
s.
Studying
and
making
recommendations
for
33
eliminating
disparity
in
law
enforcement
activities
and
the
34
delivery
of
law
enforcement
services.
35
-5-
LSB
5538XL
(7)
89
as/rh
5/
10
S.F.
_____
H.F.
_____
NEW
PARAGRAPH
.
t.
Recommending
to
the
department
the
1
adoption
of
rules
pursuant
to
chapter
17A
as
it
deems
necessary
2
for
the
collection,
compilation,
and
reporting
of
motor
vehicle
3
stop
data
pursuant
to
section
80I.4.
4
Sec.
12.
Section
216A.135,
subsection
2,
Code
2022,
is
5
amended
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
g.
An
assessment
and
analysis
of
the
7
collection,
compilation,
and
reporting
of
motor
vehicle
8
stop
data
compiled
by
law
enforcement
agencies,
including
an
9
analysis
of
disparate
treatment
based
on
race
and
ethnicity
10
across
geographic
areas
of
the
state,
and
the
past
and
current
11
status
of
racial
profiling
across
the
state.
12
Sec.
13.
NEW
SECTION
.
321.182A
Application
for
driver’s
13
license
or
nonoperator’s
identification
card
——
race
and
14
ethnicity.
15
1.
The
department
shall
request
that
a
person
who
applies
16
for
a
driver’s
license
or
nonoperator’s
identification
17
card
or
for
renewal
of
a
driver’s
license
or
nonoperator’s
18
identification
card
disclose
and
specify
the
person’s
race
and
19
ethnicity,
each
of
which
may
be
disclosed
and
specified
to
the
20
department
at
the
person’s
discretion.
21
2.
Prior
to
January
15,
2024,
and
prior
to
January
15
of
22
each
year
thereafter,
the
department
shall
submit
a
report
23
to
the
general
assembly
detailing
the
number
of
driver’s
24
license
and
nonoperator’s
identification
card
holders
who
25
have
disclosed
and
specified
a
race
and
ethnicity
pursuant
to
26
subsection
1.
27
3.
The
department
shall
electronically
maintain
as
part
28
of
a
person’s
record,
and
in
the
machine-readable
portion
of
29
the
driver’s
license
or
nonoperator’s
identification
card,
30
race
and
ethnicity
information
obtained
by
the
department,
but
31
shall
not
include
such
information
on
the
face
of
the
person’s
32
driver’s
license
or
nonoperator’s
identification
card.
Race
33
and
ethnicity
information
collected
by
the
department
shall
34
be
accessible
by
an
officer
or
employee
of
a
law
enforcement
35
-6-
LSB
5538XL
(7)
89
as/rh
6/
10
S.F.
_____
H.F.
_____
agency
for
use
in
carrying
out
the
agency’s
functions
as
1
permitted
by
law,
but
shall
be
considered
confidential
2
information
and
is
not
a
public
record
or
otherwise
subject
3
to
disclosure
under
chapter
22.
The
department
shall
not
4
otherwise
release
race
and
ethnicity
information
collected
5
under
this
section
except
to
any
of
the
following:
6
a.
The
justice
and
community
policing
advisory
board
7
established
in
section
216A.132.
8
b.
The
state
court
administrator
for
use
in
carrying
out
the
9
administrator’s
functions
as
permitted
by
law.
10
c.
The
division
of
criminal
and
juvenile
justice
planning
of
11
the
department
of
human
rights
for
use
in
research
activities
12
and
in
producing
statistical
reports
and
analysis
as
permitted
13
by
law.
14
4.
For
the
collection
of
race
and
ethnicity
information
15
pursuant
to
this
section,
the
department
shall
follow,
to
16
the
extent
practicable,
the
race
and
ethnicity
categories,
17
descriptors,
and
standards
utilized
by
the
United
States
census
18
bureau.
19
5.
The
department
may
adopt
rules
to
administer
this
20
section.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
discrimination
and
disparate
treatment
25
in
law
enforcement.
26
DISPARATE
TREATMENT
BY
LAW
ENFORCEMENT.
The
bill
creates
27
a
new
Code
chapter
concerning
disparate
treatment
by
law
28
enforcement.
The
bill
provides
that
it
is
the
purpose
of
29
the
Code
chapter
to
prohibit
disparate
treatment
by
law
30
enforcement,
including
racial
and
ethnic
profiling,
to
foster
31
trust
and
cooperation
with
law
enforcement
in
Iowa
communities
32
and
to
create
a
safer
state
for
all
Iowans.
“Disparate
33
treatment”
is
defined
as
the
differential
treatment
of
a
person
34
on
the
basis
of
race,
skin
color,
or
national
origin.
The
35
-7-
LSB
5538XL
(7)
89
as/rh
7/
10
S.F.
_____
H.F.
_____
bill
also
defines
“law
enforcement
agency”,
“law
enforcement
1
officer”,
and
“motor
vehicle
stop”.
2
The
bill
provides
that
a
state
or
local
law
enforcement
3
officer
shall
not
engage
in
the
disparate
treatment
of
an
4
individual
who
has
been
detained
or
whose
motor
vehicle
has
5
been
stopped
by
a
law
enforcement
officer.
6
The
bill
directs
each
state
and
local
law
enforcement
7
agency
to
collect
and
compile
data
on
every
motor
vehicle
stop
8
conducted
by
a
law
enforcement
officer
of
the
agency
during
a
9
calendar
year,
and
to
submit
an
annual
report
to
the
division
10
of
criminal
and
juvenile
justice
planning
of
the
department
of
11
human
rights.
The
following
information
shall
be
collected,
12
compiled,
and
reported
when
a
law
enforcement
officer
makes
13
a
motor
vehicle
stop:
the
time,
date,
and
location
of
the
14
motor
vehicle
stop;
the
nature
of
the
alleged
law
violation
15
that
resulted
in
the
motor
vehicle
stop;
whether
an
arrest
was
16
made
at
the
time
of
the
motor
vehicle
stop;
whether
a
search
17
was
conducted
as
a
result
of
the
motor
vehicle
stop;
whether
18
an
oral
or
written
warning
was
given
or
a
citation
issued;
the
19
offense
the
person
was
arrested
for,
if
applicable;
the
race
20
and
ethnicity
of
the
person
stopped;
and
any
other
information
21
which
the
officer
or
law
enforcement
agency
considers
22
appropriate.
The
justice
and
community
policing
board
23
established
in
the
bill,
in
consultation
with
law
enforcement
24
agencies,
the
department
of
public
safety,
and
the
division
25
of
criminal
and
juvenile
justice
planning
of
the
department
26
of
human
rights
shall
develop
a
uniform
manner
for
each
law
27
enforcement
agency
to
report
the
information.
The
division
of
28
criminal
and
juvenile
justice
planning
of
the
department
of
29
human
rights
shall
compile
all
data
reported,
analyze
the
data
30
in
a
timely
manner,
and
provide
an
analysis
of
the
data
along
31
with
the
compiled
data
to
the
board
by
December
1
of
each
year.
32
The
report
shall
be
accessible
to
the
public
from
a
prominent
33
place
on
the
board’s
website.
34
The
bill
provides
that
a
law
enforcement
agency
shall
35
-8-
LSB
5538XL
(7)
89
as/rh
8/
10
S.F.
_____
H.F.
_____
conduct
a
formal
administrative
investigation
of
all
1
violations
concerning
disparate
treatment
by
law
enforcement
2
administratively,
and
that
the
attorney
general
shall
3
investigate
alleged
violations
of
the
bill
that
are
also
4
violations
of
Code
section
27B.3
pursuant
to
a
complaint
5
filed
under
Code
section
27B.4
(local
entity
discrimination
6
complaints).
7
JUSTICE
AND
COMMUNITY
POLICING
ADVISORY
BOARD.
The
bill
8
changes
the
name
of
the
justice
advisory
board
created
in
9
Code
section
216A.132
to
the
justice
and
community
policing
10
advisory
board,
and
increases
board
membership
from
28
to
32
11
members.
The
bill
provides
for
the
appointment
of
members
of
12
the
advisory
board
by
the
governor
as
well
as
other
ex
officio,
13
nonvoting
members.
14
The
bill
adds
the
following
duties
to
the
justice
and
15
community
policing
advisory
board:
providing
the
general
16
assembly
with
an
analysis
and
recommendations
of
current
17
criminal
code
provisions
and
proposed
legislation
regarding
18
potential
disparity
in
law
enforcement
activities
and
the
19
delivery
of
law
enforcement
services;
studying
and
making
20
recommendations
for
eliminating
disparity
in
law
enforcement
21
activities
and
the
delivery
of
law
enforcement
services;
and
22
recommending
to
the
department
of
human
services
the
adoption
23
of
rules
pursuant
to
Code
chapter
17A
for
the
collection,
24
compilation,
and
reporting
of
motor
vehicle
stop
data.
The
25
board
is
directed
to
include
in
its
three-year
criminal
26
and
juvenile
justice
plan
an
assessment
and
analysis
of
the
27
collection,
compilation,
and
reporting
of
motor
vehicle
stop
28
data
including
an
analysis
of
disparate
treatment
based
on
race
29
and
ethnicity.
30
DRIVER’S
LICENSE
AND
NONOPERATOR
IDENTIFICATION
CARD
31
APPLICATIONS
——
RACE
AND
ETHNICITY.
The
bill
provides
that
32
a
person
applying
for
a
driver’s
license
or
a
nonoperator’s
33
identification
card
will
be
requested
by
the
department
of
34
transportation
to
specify
the
person’s
race
and
ethnicity.
35
-9-
LSB
5538XL
(7)
89
as/rh
9/
10
S.F.
_____
H.F.
_____
The
bill
requires
the
department
to
make
an
annual
report
1
to
the
general
assembly
regarding
the
number
of
persons
who
2
have
disclosed
and
specified
a
race
and
ethnicity.
Race
3
and
ethnicity
information
shall
only
be
released
to
a
law
4
enforcement
officer,
an
employee
of
a
law
enforcement
agency,
5
the
justice
and
community
policing
advisory
board,
the
state
6
court
administrator,
and
the
division
of
criminal
and
juvenile
7
justice
planning
of
the
department
of
human
rights.
8
-10-
LSB
5538XL
(7)
89
as/rh
10/
10
