HF 883

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am

A bill for an act
relating to public safety; requiring collection and analysis of race and other data
during traffic stops by law enforcement; requiring reports; requiring improvement
plans; requiring law enforcement business cards; appropriating money; amending
Minnesota Statutes 2008, sections 13.871, subdivision 6; 626.9517, subdivisions
1, 2; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2008, 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 prenatal exposure to controlled substances. Data on persons
making reports under section 626.5561 are classified under section 626.5561, subdivision
3.

(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 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, 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, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, 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, 2009.
new text end

Sec. 4.

new text begin [626.952] DEFINITIONS.
new text end

new text begin As used in sections 626.9522 and 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 peace officer as defined in section 626.84.
new text end

new text begin (d) "Outside expert" means the Institute on Race and Poverty or an organization,
university, independent research facility, company, person, or other entity with expertise
in the field of statistics.
new text end

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

new text begin (f) "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, 2009.
new text end

Sec. 5.

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 chief law enforcement officer of the officer's agency:
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 alleged traffic violation or reason that led to the stop;
new text end

new text begin (4) the name, address, gender, and the officer's subjective determination of the race of
the person stopped; the person's race shall be selected from the following list: Caucasian,
African-American, Hispanic, Native American/Alaska Native, or Asian/Pacific Islander;
new text end

new text begin (5) the year and make of the vehicle;
new text end

new text begin (6) whether the driver was asked to exit the vehicle;
new text end

new text begin (7) whether a search was conducted of the driver, passengers, or vehicle;
new text end

new text begin (8) the authority for the search: consent, probable cause, or outstanding warrant;
new text end

new text begin (9) 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 (10) the duration of the stop;
new text end

new text begin (11) the outcome of the stop: release, warning, violation, arrest, or charge; and
new text end

new text begin (12) the officer's badge number.
new text end

new text begin Subd. 2. new text end

new text begin Submission to the board. new text end

new text begin (a) The board shall provide a standardized law
enforcement data compilation form on its Web site.
new text end

new text begin (b) Every law enforcement agency shall, by March 1, with regard to data collected
during July through December of the previous calendar year and by August 1 with regard
to data collected during January to June of the current calendar year, compile the data
described in subdivision 1 on the board's standardized law enforcement data compilation
form and transmit the data to the Department of Public Safety.
new text end

new text begin (c) The commissioner of public safety shall:
new text end

new text begin (1) ensure that data forwarded to the Department of Public Safety under this section
is entered into a central database in a timely manner;
new text end

new text begin (2) cooperate with the board and the outside expert to facilitate the ability of the
expert to fulfill its duties under this section, including allowing the expert sufficient access
to the compiled data; and
new text end

new text begin (3) develop and distribute to law enforcement agencies the means by which to
collect the data.
new text end

new text begin Subd. 3. new text end

new text begin Monitoring and compliance. new text end

new text begin The board or the attorney general may
devise and implement an auditing system of optional, 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. 4. new text end

new text begin Analysis of data. new text end

new text begin (a) Beginning in 2011, the board shall hire an outside
expert to analyze the data provided by law enforcement agencies under this section
and submit a report of the previous year's findings to the governor and the house of
representatives and senate committees having jurisdiction over public safety and shall
publish the report on its Web site not later than July 1 of each year.
new text end

new text begin (b) In analyzing the data collected under this section, the outside expert shall
scrutinize the data for evidence of statistically significant trends. Areas in which
statistically significant aberrations may be found include, but are not limited to, areas
where:
new text end

new text begin (1) the percentage of minority drivers or passengers being stopped in a law
enforcement jurisdiction is substantially higher than the proportion of the overall minority
population in or traveling through the law enforcement jurisdiction;
new text end

new text begin (2) a substantial number of stops do not result in the issuance of a traffic ticket or
an arrest;
new text end

new text begin (3) there is a disparity between the proportion of citations issued to minorities and
proportion of minorities in the population; and
new text end

new text begin (4) there is a disparity between the frequency of searches performed on minority
drivers and the frequency of searches performed on nonminority drivers.
new text end

new text begin (c) 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. 5. new text end

new text begin Data collection. new text end

new text begin Data shall be collected beginning January 1, 2010.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 6.

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 for two years in a row 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 board. The board 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, 2011, the board shall establish the statistical criteria
for determining when a law enforcement agency must implement an improvement plan.
The board may hire or consult with an outside expert to establish the statistical criteria.
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, 2011, the board, in consultation with the
Council on Black Minnesotans, the Council on Asian-Pacific Minnesotans, the Chicano
Latino Affairs Council, the Council on Indian Affairs, the Minnesota Police and Peace
Officers Association, and the Minnesota Sheriffs' Association, shall draft a model
improvement plan. At the time of notification, a copy of the board's model plan must be
provided to all law enforcement agencies that are required to implement an improvement
plan.
new text end

Sec. 7. new text begin STANDARDIZED FORM.
new text end

new text begin By August 15, 2009, the board, with the advice of the outside expert defined under
Minnesota Statutes, section 626.952, shall develop and distribute to law enforcement
agencies a standardized form that law enforcement officers may use to record the
information described under 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. 8. new text begin USE OF BUSINESS CARDS.
new text end

new text begin All law enforcement officers must carry business cards approved and printed by the
officers' law enforcement agencies. The primary response officer on scene must provide
that officer's business card at all traffic stops. The cards must state the officer's name,
badge number, the name of the officer's agency, and the toll-free number maintained by
the attorney general for racial profiling complaints.
new text end

Sec. 9. new text begin FUNDING.
new text end

new text begin Funding to implement this section shall come from federal highway safety funds
available to Minnesota.
new text end