HF 505

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; finding that the perception 
  1.3             of racial profiling by law enforcement alienates 
  1.4             citizens from police, hinders community policing 
  1.5             efforts, and causes law enforcement to lose 
  1.6             credibility and trust among the citizens it tries to 
  1.7             protect and serve; specifying that no stop of a 
  1.8             citizen should be made without a legitimate reason and 
  1.9             that race, ethnicity, or national origin alone never 
  1.10            provide a sufficient reason; requiring a statewide 
  1.11            model policy and local agency policies against racial 
  1.12            profiling; requiring development of learning 
  1.13            objectives against racial profiling for preservice and 
  1.14            in-service training of peace officers; requiring 
  1.15            training; appropriating money; proposing coding for 
  1.16            new law in Minnesota Statutes, chapter 626. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  [626.8471] [AVOIDING RACIAL PROFILING; POLICIES 
  1.19  AND LEARNING OBJECTIVES REQUIRED.] 
  1.20     Subdivision 1.  [PURPOSE.] The legislature finds that the 
  1.21  reality or public perception of racial profiling alienates 
  1.22  people from police, hinders community policing efforts, and 
  1.23  causes law enforcement to lose credibility and trust among the 
  1.24  people law enforcement is sworn to protect and serve.  No stop 
  1.25  initiated by a peace officer should be made without a legitimate 
  1.26  reason; race, ethnicity, or national origin alone should never 
  1.27  provide a sufficient reason.  Law enforcement policies and 
  1.28  training programs must emphasize the need to respect the balance 
  1.29  between the rights of all persons to be free from unreasonable 
  1.30  governmental intrusions and law enforcement's need to enforce 
  1.31  the law. 
  2.1      Subd. 2.  [DEFINITION.] "Racial profiling" means any action 
  2.2   initiated by law enforcement that relies upon the race, 
  2.3   ethnicity, or national origin of an individual rather than: 
  2.4      (1) the behavior of that individual; or 
  2.5      (2) information that leads law enforcement to a particular 
  2.6   individual who has been identified as being engaged in or having 
  2.7   been engaged in criminal activity.  
  2.8      Racial profiling includes use of racial or ethnic 
  2.9   stereotypes as factors in selecting whom to stop and search.  
  2.10  Racial profiling does not include law enforcement's use of race 
  2.11  or ethnicity to determine whether a person matches a specific 
  2.12  description of a particular subject.  
  2.13     Subd. 3.  [STATEWIDE MODEL POLICY.] (a) The board of peace 
  2.14  officer standards and training shall consult with the Minnesota 
  2.15  chiefs of police association, the Minnesota sheriffs 
  2.16  association, and the Minnesota police and peace officers 
  2.17  association in developing an anti-racial profiling model policy 
  2.18  governing the conduct of peace officers engaged in stops of 
  2.19  citizens.  This policy shall define racial profiling and 
  2.20  identify conduct that violates the law. 
  2.21     (b) The board shall adopt a model policy and distribute the 
  2.22  model policy to all chief law enforcement officers by August 1, 
  2.23  2001. 
  2.24     Subd. 4.  [AGENCY POLICIES REQUIRED.] (a) By November 1, 
  2.25  2001, the chief law enforcement officer of every state and local 
  2.26  law enforcement agency must establish and enforce a written 
  2.27  anti-racial profiling policy governing the conduct of peace 
  2.28  officers engaged in stops of citizens.  The chief law 
  2.29  enforcement officer shall ensure that each peace officer 
  2.30  receives a copy of the agency's anti-racial profiling policy.  
  2.31  The chief law enforcement officer also must ensure that each 
  2.32  peace officer is aware of the policy's purpose and the conduct 
  2.33  prohibited by it.  
  2.34     (b) The policy must, at a minimum, comply with the 
  2.35  requirements of the model policy adopted by the board under 
  2.36  subdivision 3. 
  3.1      (c) Every state and local law enforcement agency must 
  3.2   certify to the board that it has adopted a written policy in 
  3.3   compliance with the board's model policy. 
  3.4      (d) The board shall assist the chief law enforcement 
  3.5   officer of each state and local law enforcement agency in 
  3.6   developing and implementing anti-racial profiling policies under 
  3.7   this subdivision. 
  3.8      Subd. 5.  [PRESERVICE TRAINING LEARNING OBJECTIVES; 
  3.9   REQUIREMENTS.] (a) By August 1, 2001, the board shall prepare 
  3.10  learning objectives for preservice training to instruct peace 
  3.11  officers in avoiding racial profiling when making stops of 
  3.12  citizens.  These learning objectives shall be included in the 
  3.13  required curriculum of professional peace officer education 
  3.14  programs.  
  3.15     (b) An individual is not eligible to take the peace officer 
  3.16  licensing examination or the part-time peace officer licensing 
  3.17  examination on or after June 1, 2002, unless:  
  3.18     (1) the individual has received the training described in 
  3.19  paragraph (a); and 
  3.20     (2) the individual has completed a psychological evaluation 
  3.21  demonstrating that the individual is not likely to engage in 
  3.22  racial profiling. 
  3.23     Subd. 6.  [IN-SERVICE TRAINING LEARNING OBJECTIVES.] By 
  3.24  August 1, 2001, the board shall prepare learning objectives for 
  3.25  in-service training to instruct peace officers in avoiding 
  3.26  racial profiling when making stops of citizens.  The board shall 
  3.27  evaluate and monitor in-service training courses to ensure they 
  3.28  satisfy the learning objectives. 
  3.29     Subd. 7.  [CHIEF LAW ENFORCEMENT OFFICERS AND SUPERVISORS; 
  3.30  REQUIREMENTS.] The executive director of the board of peace 
  3.31  officer standards and training shall prepare training materials 
  3.32  to provide chief law enforcement officers and other peace 
  3.33  officers with supervisory authority with information on how to 
  3.34  detect and respond to racial profiling by peace officers under 
  3.35  their command.  The training materials must address both the 
  3.36  agency's anti-racial profiling policy and procedural components 
  4.1   aimed at eliminating racial profiling in stops of citizens.  The 
  4.2   materials must include information on federal and state 
  4.3   constitutional and statutory laws prohibiting discrimination by 
  4.4   law enforcement.  The procedural information must describe 
  4.5   conduct that is unlawful or inappropriate and present guidelines 
  4.6   for reinforcing techniques that are lawful and appropriate.  The 
  4.7   procedural information shall discuss appropriate search and 
  4.8   seizure and interviewing techniques. 
  4.9      Subd. 8.  [POST BOARD; COMPLIANCE REVIEWS AUTHORIZED.] The 
  4.10  board has authority to inspect state and local agency policies 
  4.11  to ensure compliance with subdivision 4.  The board may conduct 
  4.12  this inspection based upon a complaint it receives about a 
  4.13  particular agency or through a random selection process. 
  4.14     Sec. 2.  [REGIONAL TRAINING SEMINARS.] 
  4.15     The board of peace officer standards and training shall 
  4.16  facilitate regional seminars throughout the state to increase 
  4.17  awareness about racial profiling issues unique to specific 
  4.18  regions of the state and to promote a community-oriented 
  4.19  response to the issue of racial profiling.  The training 
  4.20  seminars shall satisfy the learning objectives described in 
  4.21  Minnesota Statutes, section 626.8471, subdivision 6.  These 
  4.22  seminars shall be completed by December 31, 2001. 
  4.23     Sec. 3.  [REPORTS.] 
  4.24     By February 15, 2002, the executive director of the board 
  4.25  of peace officer standards and training shall report to the 
  4.26  house and senate committees with jurisdiction over criminal 
  4.27  justice funding on the development of a model policy; learning 
  4.28  objectives; regional training seminars, including attendance 
  4.29  figures for the seminars; and the training materials prepared 
  4.30  for chief law enforcement officers and other officers with 
  4.31  supervisory authority. 
  4.32     Sec. 4.  [APPROPRIATIONS.] 
  4.33     Subdivision 1.  [PEACE OFFICER STANDARDS AND TRAINING 
  4.34  BOARD.] $400,000 is appropriated from the general fund to the 
  4.35  executive director of the board of peace officer standards and 
  4.36  training to conduct regional training seminars that are 
  5.1   consistent with the learning objectives described in Minnesota 
  5.2   Statutes, section 626.8471, subdivision 6, and to prepare 
  5.3   training guidelines and materials under Minnesota Statutes, 
  5.4   section 626.8471, subdivision 7. 
  5.5      Subd. 2.  [COMMISSIONER OF PUBLIC SAFETY.] $100,000 is 
  5.6   appropriated to the commissioner of public safety to increase 
  5.7   public awareness about racial profiling.  This public awareness 
  5.8   campaign shall include information for individuals who believe 
  5.9   they have been subject to racial profiling on how to file a 
  5.10  complaint. 
  5.11     These appropriations are available for the biennium ending 
  5.12  June 30, 2003, and may not be used for any purposes other than 
  5.13  the purposes specified in this subdivision. 
  5.14     Sec. 5.  [EFFECTIVE DATE.] 
  5.15     Sections 1 to 4 are effective July 1, 2001.