HF 3982

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring the collection and analysis of data and the
adoption of policies on racial profiling; requiring that certain information be
provided to motorists involved in a traffic stop; requiring law enforcement
training in eliminating racial profiling; requiring reports; requiring improvement
plans; appropriating money; amending Minnesota Statutes 2006, sections
13.871, subdivision 6; 626.9517, subdivisions 1, 2; proposing coding for new
law in Minnesota Statutes, chapter 626; repealing Minnesota Statutes 2006,
section 626.951.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 13.871, subdivision 6, is amended to read:

Subd. 6.

Training; investigation; apprehension; reports.

(a) Reports of gunshot
wounds. Disclosure of the name of a person making a report under section 626.52,
subdivision 2, is governed by section 626.53.

(b) Child abuse report records. Data contained in child abuse report records are
classified under section 626.556.

(c) Interstate data exchange. Disclosure of child abuse reports to agencies of
another state is classified under section 626.556, subdivision 10g.

(d) Release to family court services. Release of child abuse data to a court services
agency is authorized under section 626.556, subdivision 10h.

(e) Release of data to mandated reporters. Release of child abuse data to mandated
reporters who have an ongoing responsibility for the health, education, or welfare of a
child affected by the data is authorized under section 626.556, subdivision 10j.

(f) Release of child abuse investigative records to other counties. Release of
child abuse investigative records to local welfare agencies is authorized under section
626.556, subdivision 10k.

(g) Classifying and sharing records and reports of child abuse. The classification
of child abuse data and the sharing of records and reports of child abuse by and between
local welfare agencies and law enforcement agencies are governed under section 626.556,
subdivision 11.

(h) Disclosure of information not required in certain cases. Disclosure of certain
data obtained from interviewing a minor is governed by section 626.556, subdivision 11a.

(i) Data received from law enforcement. Classifying child abuse data received
by certain agencies from law enforcement agencies is governed under section 626.556,
subdivision 11b.

(j) Disclosure in child fatality cases. Disclosure of information relating to a child
fatality is governed under section 626.556, subdivision 11d.

(k) Reports of alcohol abuse. Data on persons making reports under section
626.5563 are classified under section 626.5563, subdivision 5.

(l) Vulnerable adult report records. Data contained in vulnerable adult report
records are classified under section 626.557, subdivision 12b.

(m) Adult protection team information sharing. Sharing of local welfare agency
vulnerable adult data with a protection team is governed by section 626.5571, subdivision
3.

(n) Child protection team. Data acquired by a case consultation committee or
subcommittee of a child protection team are classified by section 626.558, subdivision 3.

(o) Child maltreatment reports peer review panel. Sharing data of cases reviewed
by the panel is governed under section 626.5593, subdivision 2.

(p) Peace officer discipline procedures. Access by an officer under investigation
to the investigating agency's investigative report on the officer is governed by section
626.89, subdivision 6.

(q) Racial profiling study data. Racial profiling study data is governed by section
deleted text begin 626.951 deleted text end new text begin 626.9522, subdivision 7 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 626.9517, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Grants; deleted text end Cameras described.

deleted text begin The commissioner of public safety
shall make grants to law enforcement agencies participating in the racial profiling study
described in section 626.951 for the purchase, installation, and maintenance of video
cameras on police vehicles designed to record traffic stops. deleted text end A video camera installed
pursuant to a grant deleted text begin under this section deleted text end new text begin authorized by Laws 2001, First Special Session
chapter 8, article 7, new text end must:

(1) be automatically activated during every traffic stop;

(2) contain an audio feature; and

(3) be designed and installed so as to record the stop in its entirety.

Cameras may not be equipped with manual shut-off switches and must be activated
for the entirety of a traffic stop.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 3.

Minnesota Statutes 2006, section 626.9517, subdivision 2, is amended to read:

Subd. 2.

Storage of video.

Notwithstanding section 138.163 or 138.17, chief law
enforcement officers of agencies deleted text begin receiving grants under this section deleted text end new text begin that received grants
authorized by Laws 2001, First Special Session chapter 8, article 7, new text end for video cameras
in police vehicles shall ensure that the videotape or disk from the camera be stored
for a minimum of 60 days after use. If the chief law enforcement officer has not been
instructed by the board or the attorney general to maintain the tape or disk beyond that
period, the chief law enforcement officer may reuse it. Tapes and disks must be stored
and maintained under this subdivision in an accessible manner. The tapes and disks must
be clearly labeled and ordered.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 4.

new text begin [626.952] DEFINITIONS.
new text end

new text begin As used in sections 626.9521 to 626.9523, the following terms have the meanings
given.
new text end

new text begin (a) "Board" means the Board of Peace Officer Standards and Training.
new text end

new text begin (b) "Law enforcement agency" has the meaning given in section 626.84.
new text end

new text begin (c) "Law enforcement officer" means any officer of a law enforcement agency.
new text end

new text begin (d) "Pretextual stop" means any traffic stop that is not motivated by a desire to
enforce the traffic laws but that is used as a pretext to question the driver or secure authority
to search the driver or the vehicle for reasons unrelated to the alleged purpose of the stop.
new text end

new text begin (e) "Race-based traffic stop" means any traffic stop that involves racial profiling.
new text end

new text begin (f) "Racial profiling" has the meaning given in section 626.8471, subdivision 2.
new text end

new text begin (g) "Traffic stop" means any time a law enforcement officer:
new text end

new text begin (1) causes the operator of a motor vehicle being operated on any street or highway
in the state to stop the motor vehicle; or
new text end

new text begin (2) detains an occupied motor vehicle that is already stopped in any public or
private place.
new text end

new text begin Traffic stop does not include a checkpoint or roadblock stop, or a stop of multiple vehicles
due to a traffic accident or emergency situation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 5.

new text begin [626.9521] OUTSIDE EXPERT.
new text end

new text begin The attorney general shall procure the services of an organization, university,
independent research facility, company, person, or other entity with sufficient expertise in
the field of statistics to assist with the implementation of sections 626.9521 to 626.9523. In
addition to other duties, this outside expert shall assist the attorney general with the design
of the methodology for gathering statistics, monitor compliance with sections 626.9521 to
626.9523, and conduct statistical analyses under section 626.9522, subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 6.

new text begin [626.9522] COLLECTION AND ANALYSIS OF TRAFFIC STOP
STATISTICS; REPORT REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Duty of law enforcement officers to record information. new text end

new text begin A law
enforcement officer who conducts a traffic stop shall record and forward the following
data to the agency's chief law enforcement officer:
new text end

new text begin (1) the date and time of the stop;
new text end

new text begin (2) the location of the stop;
new text end

new text begin (3) the traffic violation or reason that led to the stop;
new text end

new text begin (4) the date of birth, race, and gender of the driver;
new text end

new text begin (5) the driver's license number of the driver of the vehicle;
new text end

new text begin (6) the year and make of the vehicle;
new text end

new text begin (7) the vehicle's license plate number;
new text end

new text begin (8) the number of passengers in the vehicle and the race of each passenger;
new text end

new text begin (9) whether the driver was asked to exit the vehicle;
new text end

new text begin (10) whether a search was conducted of the driver, passengers, or vehicle;
new text end

new text begin (11) the authority for the search: consent or probable cause;
new text end

new text begin (12) whether the driver and passengers were advised of their constitutional rights
under the Fourth Amendment to be free from unreasonable search and seizure;
new text end

new text begin (13) whether any contraband was discovered or seized in the course of the search
and the nature of the contraband;
new text end

new text begin (14) whether the officer encountered any resistance or used force during the stop;
new text end

new text begin (15) whether any injuries resulted from the stop;
new text end

new text begin (16) the duration of the stop;
new text end

new text begin (17) the outcome of the stop: release, warning, violation, arrest, or charge; and
new text end

new text begin (18) the officer's badge number.
new text end

new text begin Subd. 2. new text end

new text begin Duty of law enforcement officers to provide information to driver of
vehicle. new text end

new text begin A law enforcement officer who conducts a traffic stop shall immediately issue a
form letter to the driver of the vehicle that:
new text end

new text begin (1) indicates that proactive traffic enforcement must be conducted in full compliance
with constitutional and statutory safeguards to preserve the rights of citizens;
new text end

new text begin (2) details the procedure to file a complaint if the driver of the vehicle believes that
the driver has been mistreated or has been treated in a biased manner; and
new text end

new text begin (3) provides the law enforcement officer's name, badge number, and employer.
new text end

new text begin Subd. 3. new text end

new text begin Submission to attorney general. new text end

new text begin By the 15th of each month, a law
enforcement agency shall submit to the attorney general:
new text end

new text begin (1) copies of the reports required in subdivision 1 for the preceding calendar month;
new text end

new text begin (2) copies of each complaint received under subdivision 2; and
new text end

new text begin (3) written notification of the review and disposition of complaints received under
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Monitoring and compliance. new text end

new text begin The attorney general, in consultation
with the outside expert, shall devise and implement an auditing system of periodic,
unannounced spot checks to ensure that all law enforcement agencies and their officers
are accurately collecting the data required by this section.
new text end

new text begin Subd. 5. new text end

new text begin Analysis of data. new text end

new text begin (a) The attorney general shall submit the reports
described in subdivision 3, clause (1), to the outside expert for analysis.
new text end

new text begin (b) The outside expert shall analyze the reports and determine on a quarterly basis,
both for the state as a whole and for each law enforcement agency:
new text end

new text begin (1) whether the number of traffic stops and searches of motor vehicles operated or
occupied by members of a minority racial or ethnic group compared with the number
of traffic stops and searches of motor vehicles operated or occupied by Caucasians is
disproportionate based on an estimate of the benchmarks of racial composition, age,
gender, and spacial location of drivers in each law enforcement district;
new text end

new text begin (2) whether, using the same benchmarks, a disparity exists between members of a
minority racial or ethnic group and Caucasians in terms of the justification given for the
stop, whether the drivers or passengers were asked to exit the car; the extent to which they
were advised of their constitutional rights to be free from unreasonable search and seizure;
the outcome of the search; whether any resistance, force, or injuries resulted; the duration
of the stop; and the outcome of the stop; and
new text end

new text begin (3) accurate conclusions from the data, including:
new text end

new text begin (i) whether racial profiling is used by law enforcement agencies to identify motorists
for traffic stops; and
new text end

new text begin (ii) a statement as to the benefit of traffic stops with regard to the interdiction of
drugs and proceeds of drug trafficking, including the approximate quantity and street value
of seized drugs and the value of drug trafficking proceeds.
new text end

new text begin Subd. 6. new text end

new text begin Submission to attorney general. new text end

new text begin The outside expert shall submit the
results of the analysis required in subdivision 5 at the end of each quarter to the attorney
general.
new text end

new text begin Subd. 7. new text end

new text begin Report required; data classification. new text end

new text begin (a) Each year the attorney general,
with the advice of the outside expert, shall prepare a summary report of the quarterly data
and the analysis of that data. By February 15 of each year, the attorney general shall
submit the report to the governor and the legislature and release it to the public.
new text end

new text begin (b) Data collected under this section that are on the law enforcement officer
who makes a stop or the individual who is the subject of the stop are private data on
individuals, as defined in section 13.02. Other data collected or generated under this
section are public data.
new text end

new text begin Subd. 8. new text end

new text begin Duration. new text end

new text begin Data shall be collected and analyzed beginning January 1, 2009,
and shall continue until December 31, 2014.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 7.

new text begin [626.9523] MANDATED IMPROVEMENT PLANS; NOTIFICATION;
MODEL PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Improvement plans. new text end

new text begin When data indicates that a law enforcement
agency has made a disproportionate number of stops involving racial minorities, the law
enforcement agency must adopt and implement an improvement plan within six months
of notification by the attorney general. Before a law enforcement agency implements an
improvement plan, the attorney general must approve the plan.
new text end

new text begin Subd. 2. new text end

new text begin Criteria. new text end

new text begin By January 1, 2009, the attorney general, in consultation with
the outside expert, shall establish the statistical criteria for determining when a law
enforcement agency must implement an improvement plan.
new text end

new text begin Subd. 3. new text end

new text begin Model plan. new text end

new text begin By January 1, 2009, the board, in consultation with the
Minnesota Police and Peace Officers Association and the Minnesota Sheriffs Association,
shall draft a model improvement plan. At the time of notification, the attorney general
must provide a copy of the board's model plan to all law enforcement agencies that are
required to implement an improvement plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 8. new text begin STANDARDIZED FORM.
new text end

new text begin By August 15, 2008, the attorney general shall develop and distribute to law
enforcement agencies a standardized form that law enforcement officers may use to record
the information detailed in Minnesota Statutes, section 626.9522, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9. new text begin PUNISHING THE DEPRIVATION OF CIVIL RIGHTS BY PUBLIC
OFFICIALS BY RACIAL PROFILING.
new text end

new text begin The legislature finds that public confidence in the institutions of government is
undermined when an official engages in any form of misconduct involving the official's
office. Such misconduct, and the corresponding damage to the public confidence, impairs
the ability of government to function properly, fosters mistrust, and engenders disrespect
for government and public servants. A particular concern arises when a law enforcement
official, duly entrusted to protect the public safety and impartially enforce the laws,
abuses that trust by unlawfully depriving persons of their civil rights, especially in the
context of racial profiling. It is important to ensure that law enforcement officers are
prohibited from using racial characteristics or color, either alone or in conjunction with
other composite characteristics, such as a generalized vehicle description or the age of the
driver or passengers, as the basis for initiating an investigative stop. Existing laws must
be amended to provide a greater deterrent to this type of conduct, as well as to enhance
other provisions of the law targeting official misconduct. Accordingly, it is in the public
interest to strengthen laws that define and punish acts of official misconduct by members
of law enforcement and other public servants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 10. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated for the fiscal year ending June 30, 2009, from the general fund
to the attorney general to implement this act.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 626.951, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end