HF 737

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring the collection 
  1.3             and analysis of data and the adoption of policies on 
  1.4             racial profiling; requiring the retention of an 
  1.5             independent outside expert to analyze the data; 
  1.6             requiring law enforcement training and conferences in 
  1.7             eliminating racial profiling; requiring a report; 
  1.8             appropriating money; amending Minnesota Statutes 2000, 
  1.9             section 13.871, subdivision 6; proposing coding for 
  1.10            new law in Minnesota Statutes, chapter 626. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 13.871, 
  1.13  subdivision 6, is amended to read: 
  1.14     Subd. 6.  [TRAINING; INVESTIGATION; APPREHENSION; REPORTS.] 
  1.15  (a)  [REPORTS OF GUNSHOT WOUNDS.] Disclosure of the name of a 
  1.16  person making a report under section 626.52, subdivision 2, is 
  1.17  governed by section 626.53.  
  1.18     (b)  [CHILD ABUSE REPORT RECORDS.] Data contained in child 
  1.19  abuse report records are classified under section 626.556. 
  1.20     (c)  [INTERSTATE DATA EXCHANGE.] Disclosure of child abuse 
  1.21  reports to agencies of another state is classified under section 
  1.22  626.556, subdivision 10g. 
  1.23     (d)  [RELEASE TO FAMILY COURT SERVICES.] Release of child 
  1.24  abuse data to a court services agency is authorized under 
  1.25  section 626.556, subdivision 10h. 
  1.26     (e)  [RELEASE OF DATA TO MANDATED REPORTERS.] Release of 
  1.27  child abuse data to mandated reporters who have an ongoing 
  1.28  responsibility for the health, education, or welfare of a child 
  2.1   affected by the data is authorized under section 626.556, 
  2.2   subdivision 10j. 
  2.3      (f)  [RELEASE OF CHILD ABUSE INVESTIGATIVE RECORDS TO OTHER 
  2.4   COUNTIES.] Release of child abuse investigative records to local 
  2.5   welfare agencies is authorized under section 626.556, 
  2.6   subdivision 10k. 
  2.7      (g)  [CLASSIFYING AND SHARING RECORDS AND REPORTS OF CHILD 
  2.8   ABUSE.] The classification of child abuse data and the sharing 
  2.9   of records and reports of child abuse by and between local 
  2.10  welfare agencies and law enforcement agencies are governed under 
  2.11  section 626.556, subdivision 11. 
  2.12     (h)  [DISCLOSURE OF INFORMATION NOT REQUIRED IN CERTAIN 
  2.13  CASES.] Disclosure of certain data obtained from interviewing a 
  2.14  minor is governed by section 626.556, subdivision 11a. 
  2.15     (i)  [DATA RECEIVED FROM LAW ENFORCEMENT.] Classifying 
  2.16  child abuse data received by certain agencies from law 
  2.17  enforcement agencies is governed under section 626.556, 
  2.18  subdivision 11b. 
  2.19     (j)  [DISCLOSURE IN CHILD FATALITY CASES.] Disclosure of 
  2.20  information relating to a child fatality is governed under 
  2.21  section 626.556, subdivision 11d.  
  2.22     (k)  [REPORTS OF ALCOHOL ABUSE.] Data on persons making 
  2.23  reports under section 626.5563 are classified under section 
  2.24  626.5563, subdivision 5.  
  2.25     (l)  [VULNERABLE ADULT REPORT RECORDS.] Data contained in 
  2.26  vulnerable adult report records are classified under section 
  2.27  626.557, subdivision 12b.  
  2.28     (m)  [ADULT PROTECTION TEAM INFORMATION SHARING.] Sharing 
  2.29  of local welfare agency vulnerable adult data with a protection 
  2.30  team is governed by section 626.5571, subdivision 3. 
  2.31     (n)  [CHILD PROTECTION TEAM.] Data acquired by a case 
  2.32  consultation committee or subcommittee of a child protection 
  2.33  team are classified by section 626.558, subdivision 3.  
  2.34     (o)  [CHILD MALTREATMENT REPORTS PEER REVIEW PANEL.] 
  2.35  Sharing data of cases reviewed by the panel is governed under 
  2.36  section 626.5593, subdivision 2. 
  3.1      (p)  [PEACE OFFICER DISCIPLINE PROCEDURES.] Access by an 
  3.2   officer under investigation to the investigating agency's 
  3.3   investigative report on the officer is governed by section 
  3.4   626.89, subdivision 6. 
  3.5      (q)  [TRAFFIC STOP DATA.] Traffic stop data collected for 
  3.6   purposes of the racial profiling study are classified under 
  3.7   section 626.951, subdivision 7. 
  3.8      Sec. 2.  [626.95] [DEFINITIONS.] 
  3.9      As used in sections 626.951 to 626.953, the following terms 
  3.10  have the meanings given. 
  3.11     (a) "Board" means the board of peace officer standards and 
  3.12  training. 
  3.13     (b) "Law enforcement agency" has the meaning given in 
  3.14  section 626.84. 
  3.15     (c) "Law enforcement officer" includes all licensed peace 
  3.16  officers of a law enforcement agency. 
  3.17     (d) "Racial profiling" includes any law enforcement 
  3.18  officer-initiated action that relies on the race, ethnicity, or 
  3.19  national origin of an individual, rather than on the behavior of 
  3.20  that individual or on information that leads the officer to a 
  3.21  particular individual who has been identified as being engaged 
  3.22  in or having been engaged in criminal activity. 
  3.23     (e) "Traffic stop" means any time a law enforcement officer:
  3.24     (1) causes the operator of a motor vehicle being operated 
  3.25  on any street or highway in the state to stop the motor vehicle; 
  3.26  or 
  3.27     (2) detains an occupied motor vehicle that is already 
  3.28  stopped in any public or private place. 
  3.29  Traffic stop does not include a checkpoint or roadblock stop, or 
  3.30  a stop of multiple vehicles due to a traffic accident or 
  3.31  emergency situation. 
  3.32     Sec. 3.  [626.951] [TRAFFIC STOP DATA.] 
  3.33     Subdivision 1.  [DUTY TO COLLECT TRAFFIC STOP 
  3.34  DATA.] Beginning on September 1, 2001, and continuing through 
  3.35  August 31, 2003, the chief law enforcement officer of each law 
  3.36  enforcement agency shall ensure that the following data is 
  4.1   collected for each traffic stop conducted by a law enforcement 
  4.2   officer in the agency: 
  4.3      (1) the location of the stop; 
  4.4      (2) the date and time of the stop; 
  4.5      (3) the age, race/ethnicity, and gender of the driver; 
  4.6      (4) the traffic violation or reason that led to the stop; 
  4.7      (5) the disposition of the stop, arrest, citation, warning, 
  4.8   or no action; 
  4.9      (6) whether a search was conducted of the driver, 
  4.10  passengers, or vehicle; 
  4.11     (7) if a search was conducted, the authority for the 
  4.12  search; 
  4.13     (8) whether the officer knew the race/ethnicity of the 
  4.14  driver before the stop; and 
  4.15     (9) the law enforcement agency's code. 
  4.16     Subd. 2.  [SUBMISSION OF DATA TO COMMISSIONER.] By the 15th 
  4.17  of each month, each chief law enforcement officer shall submit 
  4.18  to the commissioner of public safety, the data described in 
  4.19  subdivision 1 for each traffic stop conducted by the agency's 
  4.20  law enforcement officers in the preceding month. 
  4.21     Subd. 3.  [METHOD OF DATA COLLECTION.] A chief law 
  4.22  enforcement officer may collect and submit the data described in 
  4.23  this section electronically if the method of doing so is 
  4.24  compatible with the department of public safety's computer 
  4.25  system or on paper forms supplied by the commissioner of public 
  4.26  safety. 
  4.27     Subd. 4.  [OUTSIDE EXPERT.] The commissioner of public 
  4.28  safety shall retain a sufficiently experienced and independent 
  4.29  organization or individual to: 
  4.30     (1) design and oversee the data collection process required 
  4.31  in this section; 
  4.32     (2) develop baseline measures to analyze the data 
  4.33  collected; 
  4.34     (3) develop and implement a data compliance auditing 
  4.35  process that ensures the accuracy of data collected through, 
  4.36  among other things, periodic spot checks; and 
  5.1      (4) analyze the data collected. 
  5.2      Subd. 5.  [OTHER DUTIES OF COMMISSIONER.] The commissioner 
  5.3   of public safety shall: 
  5.4      (1) ensure that data forwarded to the commissioner under 
  5.5   this section is entered into a central database in a timely 
  5.6   manner; 
  5.7      (2) cooperate with the outside expert to facilitate the 
  5.8   ability of the expert to fulfill its duties under this section, 
  5.9   including allowing the expert sufficient access to the compiled 
  5.10  data; 
  5.11     (3) develop and distribute to law enforcement agencies a 
  5.12  paper form to collect the data; and 
  5.13     (4) reimburse local law enforcement agencies for the costs 
  5.14  they incur in complying with this section. 
  5.15     Subd. 6.  [REPORT REQUIRED.] The outside expert shall 
  5.16  analyze the data collected to determine the degree to which, if 
  5.17  at all, racial profiling occurs in traffic stops within the 
  5.18  state.  By February 1, 2004, the expert shall report the results 
  5.19  of the analysis to the chairs of the senate and house committees 
  5.20  having jurisdiction over criminal justice policy. 
  5.21     Subd. 7.  [DATA.] Traffic stop data collected for purposes 
  5.22  of this section are private data on individuals or nonpublic 
  5.23  data as defined in section 13.02, provided that data not on 
  5.24  individuals become public when the report required under 
  5.25  subdivision 6 is submitted to the legislature.  This subdivision 
  5.26  does not affect the classification of the same data collected 
  5.27  for other law enforcement purposes. 
  5.28     Subd. 8.  [EXPIRATION.] This section expires on February 1, 
  5.29  2004. 
  5.30     Sec. 4.  [626.952] [POLICIES REQUIRED ON ELIMINATING RACIAL 
  5.31  PROFILING.] 
  5.32     Subdivision 1.  [MODEL POLICY REQUIRED.] By September 15, 
  5.33  2001, the board shall develop and distribute to all chief law 
  5.34  enforcement officers a model policy on eliminating traffic stops 
  5.35  involving racial profiling. 
  5.36     Subd. 2.  [LOCAL POLICIES REQUIRED.] By November 1, 2001, 
  6.1   all chief law enforcement officers shall establish and implement 
  6.2   a written policy that is identical or substantially similar to 
  6.3   the model policy described in subdivision 1. 
  6.4      Subd. 3.  [REVIEW.] The board shall periodically evaluate 
  6.5   law enforcement agencies to determine whether the agency is 
  6.6   complying with subdivision 2.  In addition, upon receiving a 
  6.7   complaint, the board shall determine whether an agency is 
  6.8   failing to comply with subdivision 2. 
  6.9      Sec. 5.  [626.953] [LAW ENFORCEMENT TRAINING ON ELIMINATING 
  6.10  RACIAL PROFILING.] 
  6.11     Subdivision 1.  [PRESERVICE TRAINING REQUIRED.] By July 1, 
  6.12  2001, the board shall prepare learning objectives for 
  6.13  instructing peace officers in eliminating racial profiling in 
  6.14  traffic stops.  The objectives must be included in the 
  6.15  curriculum of the professional peace officer education programs. 
  6.16     Subd. 2.  [IN-SERVICE TRAINING REQUIRED.] By July 1, 2001, 
  6.17  the board shall prepare learning objectives to eliminate racial 
  6.18  profiling in traffic stops.  The objectives must be included in 
  6.19  continuing education courses approved for peace officer 
  6.20  continuing education credit.  The board shall monitor and 
  6.21  evaluate continuing education courses to ensure that they meet 
  6.22  the requirements of the learning objectives. 
  6.23     Sec. 6.  [ELIMINATION OF RACIAL PROFILING CONFERENCES.] 
  6.24     The peace officer standards and training board shall 
  6.25  conduct conferences for peace officers designed to raise the 
  6.26  awareness level of officers relating to traffic stops involving 
  6.27  racial profiling.  At least one conference must be statewide in 
  6.28  scope attempting to attract officers from across the state and 
  6.29  addressing racial profiling from a statewide perspective.  Other 
  6.30  conferences must be regional in scope and specifically address 
  6.31  localized issues involving racial profiling, including potential 
  6.32  community oriented responses. 
  6.33     Sec. 7.  [APPROPRIATION.] 
  6.34     $....... is appropriated for the fiscal year ending June 
  6.35  30, 2002, and $....... is appropriated for the fiscal year 
  6.36  ending June 30, 2003, from the general fund to the commissioner 
  7.1   of public safety to implement this act.  Of this amount: 
  7.2      (1) $....... the first year and $....... the second year 
  7.3   are to reimburse local law enforcement agencies for costs 
  7.4   associated with Minnesota Statutes, sections 626.951 and 
  7.5   626.952; and 
  7.6      (2) $....... the first year and $....... the second year 
  7.7   are to retain the outside expert described in Minnesota 
  7.8   Statutes, section 626.951. 
  7.9      Sec. 8.  [EFFECTIVE DATES.] 
  7.10     Sections 2 and 4 to 6 are effective the day following final 
  7.11  enactment.  Section 3 is effective September 1, 2001, and 
  7.12  applies to traffic stops conducted on or after that date.