HF 4156

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:55pm

A bill for an act
relating to public safety; requiring law enforcement officers to collect and report
certain data; requiring the commissioner of public safety to publish a report and
hold meetings on the data collected; prohibiting law enforcement agencies that
fail to report data from receiving certain grants; requiring the Board of Peace
Officer Standards and Training to analyze agency reports and develop statewide
reports aimed at eliminating racial disparities in stops; proposing coding for new
law in Minnesota Statutes, chapter 626.

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

Section 1.

new text begin [626.952] COLLECTION AND ANALYSIS OF 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) A law
enforcement officer who conducts a traffic, pedestrian, or bicycle stop shall record and
forward the following data to the chief law enforcement officer of the officer's agency:
new text end

new text begin (1) the date, time, and location of the stop, including an address, block number, and
street name; closest intersection; highway and closest highway exit; latitude and longitude;
or global positioning system location;
new text end

new text begin (2) the name and badge number of the peace officer making the stop;
new text end

new text begin (3) the name, address, and driver's license number of the person stopped;
new text end

new text begin (4) the officer's perception of the race, ethnicity, age, and gender of the person stopped
based solely on the observation or perception of the law enforcement officer making the
stop;
new text end

new text begin (5) the officer's perception of whether the pedestrian or operator of the vehicle or bicycle
is in a state of mental or behavioral crisis based solely on the observation and perception
of the law enforcement officer making the stop;
new text end

new text begin (6) the officer's perception of whether the pedestrian or operator of the vehicle or bicycle
has limited or no proficiency with English based solely on the observation and perception
of the law enforcement officer making the stop;
new text end

new text begin (7) the alleged traffic, pedestrian, or bicycle violation or reason that led to the stop and
an explanation of the reason for the stop consistent with the standards set forth in paragraph
(b), as well as the reason for the stop the reporting officer communicated to the person
stopped;
new text end

new text begin (8) the duration of the stop;
new text end

new text begin (9) actions taken by the peace officer during the stop, including orders given, field
sobriety tests conducted, canine use for detection of contraband, whether a patrol vehicle
or curbside detention was imposed, whether and what de-escalation techniques were used,
and whether a foot or vehicle pursuit was involved;
new text end

new text begin (10) whether and what use of force was used, including firearm point or discharge, canine
bite or pursuit, use of any of the officer's weapons or tools, and any other physical contact;
new text end

new text begin (11) whether a search was conducted of the driver, passengers, vehicle, or pedestrian,
and if so, the type of search, the legal authority and factual basis for the search, and the
outcome of the search;
new text end

new text begin (12) the authority for a search: consent, probable cause, or outstanding warrant; and if
the authority for the search is consent, the officer must also record whether the officer
requested consent to search, if and what type of consent was provided, and how the consent
was provided;
new text end

new text begin (13) whether any contraband or unlawful weapons were discovered or seized in the
course of the stop and the nature of the contraband or unlawful weapons;
new text end

new text begin (14) the outcome of the stop, including whether the person was released; issued a warning,
repair order, or citation; or taken into custodial arrest; and
new text end

new text begin (15) the officer's identification number, years of experience, and the type of assignment
that the officer was detailed to perform when the officer made the stop.
new text end

new text begin (b) If the primary reason for the stop is a traffic violation, the peace officer must cite
the statute that was violated and describe the nature of the alleged traffic violation, including
an indication of whether the violation was a moving violation, equipment violation, or
nonmoving violation. If the primary reason for the stop is reasonable suspicion that the
person was engaged in criminal activity, the peace officer must describe the circumstances
that gave rise to the officer's reasonable suspicion and identify the statutory citation for the
suspected violation of law that formed the basis for the stop.
new text end

new text begin (c) A law enforcement officer conducting a stop must not request the information
identified in paragraph (a), clauses (4) to (6), from the individual stopped.
new text end

new text begin Subd. 2. new text end

new text begin Agency reports. new text end

new text begin (a) Beginning in 2025, each law enforcement agency must
compile the data described in subdivision 1 semiannually and submit the data to the
commissioner of public safety by February 1 and August 1 of each year.
new text end

new text begin (b) A chief law enforcement officer of an agency subject to the requirements of this
section who does not submit the data described in subdivision 1 is ineligible to receive any
public safety related grants issued or administered by the state until the required information
is provided, or the commissioner of public safety grants an extension to file the data or a
waiver from the requirement.
new text end

new text begin (c) Agencies required to report data under this section must remove from the reports
any personally identifiable information of the persons stopped.
new text end

new text begin Subd. 3. new text end

new text begin Statewide reports. new text end

new text begin (a) On or before March 1, 2026, and every six months
thereafter, the commissioner of public safety shall publish a report including all of the
information that is reported to the commissioner pursuant to subdivision 2, including
aggregate data collected under subdivision 2 that includes disaggregated statistical data for
each reporting agency. The commissioner of public safety shall not release to the public a
peace officer's identification number or unique identifying information.
new text end

new text begin (b) Following publication of the first report under paragraph (a) and each year thereafter,
the commissioner of public safety shall hold meetings to review and assess the data on the
following actions that were collected in the prior year: traffic stops, pedestrian stops,
discretionary searches, citations, and arrests. The meetings must analyze:
new text end

new text begin (1) the percentage and proportionality of enforcement-related contacts, such as stops,
detentions, searches, citations, and arrests completed for different racial groups where the
recorded basis for the police enforcement activity is similar;
new text end

new text begin (2) the percentage of enforcement-related contacts, such as stops and detentions that
uncover evidence of criminal activity, including warnings, citations, and arrests, and the
nature of the criminal activity uncovered, such as the rate at which stops result in evidence
of felonies. The commissioner may also separately analyze the percentage of
enforcement-related contacts that lead to citations or arrests for traffic offenses or petty
misdemeanors;
new text end

new text begin (3) the percentage of searches that result in seizure of unlawful weapons;
new text end

new text begin (4) the percentage of searches that result in seizure of contraband, and the nature of the
contraband seized;
new text end

new text begin (5) any tactical, equipment, supervision, training, or policy concerns that are identified
and, to the extent necessary, addressed; and
new text end

new text begin (6) any patterns related to stops that are identified, including indicia of racial bias or
discrimination, and, to the extent necessary, addressed.
new text end

new text begin Subd. 4. new text end

new text begin Board of Peace Officer Standards and Training. new text end

new text begin No later than July 1, 2025,
the Board of Peace Officer Standards and Training must begin analyzing agency reports
and developing statewide reports aimed at eliminating racial disparities in traffic, pedestrian,
and bicycle stops. The duties of the board shall include but not be limited to the examination
and evaluation of state and local law enforcement policies and practices that contribute to
disparities within different geographic regions of Minnesota. The board shall annually
publish its findings and policy recommendations, convene at least one public meeting per
year, and submit its inaugural report on or before January 1, 2027.
new text end