HF 59

as introduced - 89th Legislature (2015 - 2016) Posted on 01/12/2015 03:32pm

A bill for an act
relating to public safety; establishing policies to address motorcycle profiling;
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 [626.96] MOTORCYCLE PROFILING.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The legislature finds that the reality or public perception of
motorcycle profiling alienates people from police, hinders community policing efforts, and
causes law enforcement to lose credibility and trust among the people law enforcement is
sworn to protect and serve. No stop initiated by a peace officer should be made without
a legitimate reason; the fact that someone rides a motorcycle or wears motorcycle
paraphernalia is not a legitimate reason. Law enforcement policies and training programs
must emphasize the need to respect the balance between the rights of all persons to be free
from unreasonable governmental intrusions and law enforcement's need to enforce the law.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "motorcycle profiling" means
the illegal use of the fact that a person rides a motorcycle or wears motorcycle-related
accouterments as a factor in deciding to stop and question, take enforcement action,
arrest, or search a person or vehicle with or without a legal basis under the United States
Constitution or Minnesota Constitution.
new text end

new text begin Subd. 3. new text end

new text begin Statewide model policy. new text end

new text begin By October 1, 2015, the Board of Peace Officer
Standards and Training, in consultation with the Minnesota Chiefs of Police Association,
the Minnesota Sheriffs Association, the Minnesota Police and Peace Officers Association,
and the Department of Public Safety Motorcycle Safety Advisory Task Force, shall
develop a statewide model training policy designed to eliminate motorcycle profiling
from law enforcement in the state. The model antimotorcycle profiling policy must
include training in:
new text end

new text begin (1) acts that constitute motorcycle profiling;
new text end

new text begin (2) tactics for avoiding motorcycle profiling; and
new text end

new text begin (3) methods for peace officers and their supervisors to identify and respond to
motorcycle profiling by other peace officers.
new text end

new text begin Subd. 4. new text end

new text begin Agency policies required. new text end

new text begin (a) By November 1, 2016, the chief law
enforcement officer of each state and local law enforcement agency must establish and
enforce a written antimotorcycle profiling policy governing the conduct of peace officers
engaged in stops of citizens. The chief law enforcement officer shall ensure that each
peace officer receives a copy of the agency's antimotorcycle profiling policy. The chief
law enforcement officer also must ensure that each peace officer is aware of the policy's
purpose and prohibited conduct.
new text end

new text begin (b) The policy must, at a minimum, comply with the requirements of the model
policy adopted by the board under subdivision 3 and require peace officers to give their
name and badge number to each motorcycle operator stopped for any reason.
new text end

new text begin (c) Each state and local law enforcement agency must certify to the board that the
agency has adopted a written policy in compliance with the board's model policy.
new text end

new text begin Subd. 5. new text end

new text begin Compliance reviews. new text end

new text begin The board has authority to inspect state and local
agency policies to ensure compliance with subdivision 4. The board may conduct an
inspection based upon a complaint it receives about a particular agency or through a
random selection process.
new text end