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; prohibiting racial 1.3 profiling by law enforcement; requiring the collection 1.4 and analysis of data and the adoption of policies on 1.5 racial profiling; requiring that certain information 1.6 be provided to motorists involved in a traffic stop; 1.7 requiring law enforcement training in eliminating 1.8 racial profiling; providing that certain windshield 1.9 violations are not primary offenses; creating an 1.10 advisory committee; requiring reports; appropriating 1.11 money; amending Minnesota Statutes 2000, sections 1.12 13.871, subdivision 6; and 169.71, subdivision 1; 1.13 proposing coding for new law in Minnesota Statutes, 1.14 chapter 626. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. [LEGISLATIVE PURPOSE.] 1.17 The purpose of this act is to require the collection of 1.18 data on traffic stops conducted by law enforcement officers 1.19 throughout the state to: 1.20 (1) determine whether racial profiling is occurring; 1.21 (2) hold law enforcement agencies accountable if racial 1.22 profiling is occurring; 1.23 (3) require that law enforcement agencies prohibit racial 1.24 profiling and develop proactive measures to improve practices 1.25 and protocols relating to traffic stops; and 1.26 (4) increase the trust between law enforcement agencies and 1.27 communities of color. 1.28 Sec. 2. Minnesota Statutes 2000, section 13.871, 1.29 subdivision 6, is amended to read: 1.30 Subd. 6. [TRAINING; INVESTIGATION; APPREHENSION; REPORTS.] 2.1 (a) [REPORTS OF GUNSHOT WOUNDS.] Disclosure of the name of a 2.2 person making a report under section 626.52, subdivision 2, is 2.3 governed by section 626.53. 2.4 (b) [CHILD ABUSE REPORT RECORDS.] Data contained in child 2.5 abuse report records are classified under section 626.556. 2.6 (c) [INTERSTATE DATA EXCHANGE.] Disclosure of child abuse 2.7 reports to agencies of another state is classified under section 2.8 626.556, subdivision 10g. 2.9 (d) [RELEASE TO FAMILY COURT SERVICES.] Release of child 2.10 abuse data to a court services agency is authorized under 2.11 section 626.556, subdivision 10h. 2.12 (e) [RELEASE OF DATA TO MANDATED REPORTERS.] Release of 2.13 child abuse data to mandated reporters who have an ongoing 2.14 responsibility for the health, education, or welfare of a child 2.15 affected by the data is authorized under section 626.556, 2.16 subdivision 10j. 2.17 (f) [RELEASE OF CHILD ABUSE INVESTIGATIVE RECORDS TO OTHER 2.18 COUNTIES.] Release of child abuse investigative records to local 2.19 welfare agencies is authorized under section 626.556, 2.20 subdivision 10k. 2.21 (g) [CLASSIFYING AND SHARING RECORDS AND REPORTS OF CHILD 2.22 ABUSE.] The classification of child abuse data and the sharing 2.23 of records and reports of child abuse by and between local 2.24 welfare agencies and law enforcement agencies are governed under 2.25 section 626.556, subdivision 11. 2.26 (h) [DISCLOSURE OF INFORMATION NOT REQUIRED IN CERTAIN 2.27 CASES.] Disclosure of certain data obtained from interviewing a 2.28 minor is governed by section 626.556, subdivision 11a. 2.29 (i) [DATA RECEIVED FROM LAW ENFORCEMENT.] Classifying 2.30 child abuse data received by certain agencies from law 2.31 enforcement agencies is governed under section 626.556, 2.32 subdivision 11b. 2.33 (j) [DISCLOSURE IN CHILD FATALITY CASES.] Disclosure of 2.34 information relating to a child fatality is governed under 2.35 section 626.556, subdivision 11d. 2.36 (k) [REPORTS OF ALCOHOL ABUSE.] Data on persons making 3.1 reports under section 626.5563 are classified under section 3.2 626.5563, subdivision 5. 3.3 (l) [VULNERABLE ADULT REPORT RECORDS.] Data contained in 3.4 vulnerable adult report records are classified under section 3.5 626.557, subdivision 12b. 3.6 (m) [ADULT PROTECTION TEAM INFORMATION SHARING.] Sharing 3.7 of local welfare agency vulnerable adult data with a protection 3.8 team is governed by section 626.5571, subdivision 3. 3.9 (n) [CHILD PROTECTION TEAM.] Data acquired by a case 3.10 consultation committee or subcommittee of a child protection 3.11 team are classified by section 626.558, subdivision 3. 3.12 (o) [CHILD MALTREATMENT REPORTS PEER REVIEW PANEL.] 3.13 Sharing data of cases reviewed by the panel is governed under 3.14 section 626.5593, subdivision 2. 3.15 (p) [PEACE OFFICER DISCIPLINE PROCEDURES.] Access by an 3.16 officer under investigation to the investigating agency's 3.17 investigative report on the officer is governed by section 3.18 626.89, subdivision 6. 3.19 (q) [TRAFFIC STOP DATA.] Traffic stop data relating to law 3.20 enforcement officers and individuals who are stopped are 3.21 classified under section 626.953, subdivision 7. 3.22 Sec. 3. Minnesota Statutes 2000, section 169.71, 3.23 subdivision 1, is amended to read: 3.24 Subdivision 1. [PROHIBITIONS GENERALLY.] (a) No person 3.25 shall drive or operate any motor vehicle with a windshield 3.26 cracked or discolored to an extent to limit or obstruct proper 3.27 vision, or, except for law enforcement vehicles, with any 3.28 objects suspended between the driver and the windshield, other 3.29 than sun visors and rear vision mirrors, or with any sign, 3.30 poster, or other nontransparent material upon the front 3.31 windshield, sidewings, side or rear windows of such vehicle, 3.32 other than a certificate or other paper required to be so 3.33 displayed by law, or authorized by the state director of the 3.34 division of emergency management, or the commissioner of public 3.35 safety. 3.36 (b) A peace officer may not issue a citation for a 4.1 violation of paragraph (a) unless the officer lawfully stopped 4.2 or detained the driver of the motor vehicle for a moving 4.3 violation other than a violation involving motor vehicle 4.4 equipment. 4.5 Sec. 4. [626.95] [DEFINITIONS.] 4.6 As used in sections 626.951 to 626.956, the following terms 4.7 have the meanings given. 4.8 (a) "Board" means the board of peace officer standards and 4.9 training. 4.10 (b) "Law enforcement agency" has the meaning given in 4.11 section 626.84. 4.12 (c) "Law enforcement officer" includes all officers of a 4.13 law enforcement agency. 4.14 (d) "Pretextual stop" means any traffic stop that is not 4.15 motivated by a desire to enforce the traffic laws but that is 4.16 used as a pretext to question the driver or secure authority to 4.17 search the driver or the vehicle for reasons unrelated to the 4.18 alleged purpose of the stop. 4.19 (e) "Race-based traffic stop" means any traffic stop that 4.20 involves racial profiling. 4.21 (f) "Racial profiling" includes any law enforcement 4.22 officer-initiated action that relies in whole or in part on the 4.23 race, ethnicity, or national origin of an individual, rather 4.24 than on the behavior of that individual or on information that 4.25 leads the officer to a particular individual who has been 4.26 identified as being engaged in or having been engaged in 4.27 criminal activity. 4.28 (g) "Traffic stop" means any time a law enforcement officer: 4.29 (1) causes the operator of a motor vehicle being operated 4.30 on any street or highway in the state to stop the motor vehicle; 4.31 or 4.32 (2) detains an occupied motor vehicle that is already 4.33 stopped in any public or private place. 4.34 Traffic stop does not include a checkpoint or roadblock stop, or 4.35 a stop of multiple vehicles due to a traffic accident or 4.36 emergency situation. 5.1 Sec. 5. [626.951] [TRAFFIC STOP STATISTICS ADVISORY 5.2 COMMITTEE.] 5.3 Subdivision 1. [COMMITTEE ESTABLISHED; MEMBERS.] (a) The 5.4 traffic stop statistics advisory committee consists of the 5.5 following individuals or their designees: 5.6 (1) two members of the house of representatives, one from 5.7 the majority and the other from the minority caucus, appointed 5.8 by the speaker; 5.9 (2) two members of the senate, one from the majority and 5.10 the other from the minority caucus, appointed by the 5.11 subcommittee on committees of the senate rules and 5.12 administration committee; 5.13 (3) the governor; 5.14 (4) the attorney general; 5.15 (5) the executive directors of the Minnesota chiefs of 5.16 police association; the Minnesota police and peace officers 5.17 association; the Minnesota state troopers association; and the 5.18 Minnesota sheriffs association; 5.19 (6) the executive directors of the councils on 5.20 Asian-Pacific Minnesotans, Black Minnesotans, Indian affairs, 5.21 and Chicano-Latino people affairs; 5.22 (7) the executive director of an urban league chapter, 5.23 appointed by the governor; 5.24 (8) the executive director of a National Association for 5.25 the Advancement of Colored People branch, appointed by the 5.26 governor; 5.27 (9) one representative of the American Civil Liberties 5.28 Union, appointed by the executive director of the union; and 5.29 (10) a professor of statistics at a Minnesota college or 5.30 university, appointed by the governor. 5.31 (b) The committee may choose a chair from among its members. 5.32 Subd. 2. [ROLE OF THE ATTORNEY GENERAL.] The attorney 5.33 general shall cooperate with the committee on all matters 5.34 relating to the committee's role in the implementation and 5.35 enforcement of sections 626.951 to 626.956, and shall generally 5.36 advise the committee on matters the committee deems appropriate. 6.1 Subd. 3. [EXPIRATION; COMPENSATION.] The committee expires 6.2 on September 1, 2004. Section 15.059 governs the compensation 6.3 of and removal of committee members. 6.4 Sec. 6. [626.952] [OUTSIDE EXPERT.] 6.5 The attorney general, with the approval of the advisory 6.6 committee, shall procure the services of an organization, 6.7 university, independent research facility, company, person, or 6.8 other entity with sufficient expertise in the field of 6.9 statistics to assist with the implementation of sections 626.951 6.10 to 626.956. In addition to other duties, this outside expert 6.11 shall assist the attorney general with the design of the 6.12 methodology for gathering statistics, monitor compliance with 6.13 sections 626.951 to 626.956, and conduct statistical analyses 6.14 pursuant to section 626.953, subdivision 5. 6.15 Sec. 7. [626.953] [COLLECTION AND ANALYSIS OF TRAFFIC STOP 6.16 STATISTICS; REPORT REQUIRED.] 6.17 Subdivision 1. [DUTY OF LAW ENFORCEMENT OFFICERS TO RECORD 6.18 INFORMATION.] A law enforcement officer who conducts a traffic 6.19 stop shall record and forward the following data to the agency's 6.20 chief law enforcement officer: 6.21 (1) the date and time of the stop; 6.22 (2) the location of the stop; 6.23 (3) the traffic violation or reason that led to the stop; 6.24 (4) the date of birth, race, and gender of the driver; 6.25 (5) the driver's license number of the driver of the 6.26 vehicle; 6.27 (6) the year and make of the vehicle; 6.28 (7) the vehicle's license plate number; 6.29 (8) the number of passengers in the vehicle and their race; 6.30 (9) whether the driver was asked to exit the vehicle; 6.31 (10) whether a search was conducted of the driver, 6.32 passengers, or vehicle; 6.33 (11) the authority for the search; consent or probable 6.34 cause; 6.35 (12) whether the driver and passengers were advised of 6.36 their constitutional rights under the Fourth Amendment to be 7.1 free from unreasonable search and seizure; 7.2 (13) whether any contraband was discovered or seized in the 7.3 course of the search and the nature of the contraband; 7.4 (14) whether the officer encountered any resistance or used 7.5 force during the stop; 7.6 (15) whether any injuries resulted from the stop; 7.7 (16) the duration of the stop; 7.8 (17) the outcome of the stop; release, warning, violation, 7.9 arrest, or charge; and 7.10 (18) the officer's badge number. 7.11 Subd. 2. [DUTY OF LAW ENFORCEMENT OFFICERS TO PROVIDE 7.12 INFORMATION TO DRIVER OF VEHICLE.] A law enforcement officer who 7.13 conducts a traffic stop shall immediately issue a form letter to 7.14 the driver of the vehicle that: 7.15 (1) indicates that proactive traffic enforcement must be 7.16 conducted in full compliance with constitutional and statutory 7.17 safeguards to preserve the rights of citizens; 7.18 (2) details the procedure to file a complaint if the driver 7.19 of the vehicle believes that the driver has been mistreated or 7.20 has been treated in a biased manner; and 7.21 (3) provides the law enforcement officer's name, badge 7.22 number, and employer. 7.23 Subd. 3. [SUBMISSION TO ATTORNEY GENERAL.] By the 15th of 7.24 each month, a law enforcement agency shall submit to the 7.25 attorney general: 7.26 (1) copies of the reports required in subdivision 1 for the 7.27 preceding calendar month; 7.28 (2) copies of each complaint received under subdivision 2; 7.29 and 7.30 (3) written notification of the review and disposition of 7.31 complaints received under subdivision 2. 7.32 Subd. 4. [MONITORING AND COMPLIANCE.] The attorney 7.33 general, in consultation with the outside expert, shall devise 7.34 and implement an auditing system of periodic, unannounced spot 7.35 checks to ensure that all law enforcement agencies and their 7.36 officers are accurately collecting the data required by this 8.1 section. 8.2 Subd. 5. [ANALYSIS OF DATA.] (a) The attorney general 8.3 shall submit the reports described in subdivision 3, clause (1), 8.4 to the outside expert for analysis. 8.5 (b) The outside expert shall analyze the reports and 8.6 determine on a quarterly basis, both for the state as a whole, 8.7 and for each law enforcement agency: 8.8 (1) whether the number of traffic stops and searches of 8.9 motor vehicles operated or occupied by members of a minority 8.10 racial or ethnic group compared with the number of traffic stops 8.11 and searches of motor vehicles operated or occupied by whites is 8.12 disproportionate based on an estimate of the following 8.13 benchmarks: 8.14 (i) racial composition, age, and gender of the general 8.15 population; and 8.16 (ii) racial composition, age, gender, and spacial location 8.17 of drivers in each law enforcement district; 8.18 (2) whether, using the same benchmarks, a disparity exists 8.19 between members of a minority racial or ethnic group and whites 8.20 in terms of the justification given for the stop, whether the 8.21 drivers or passengers were asked to exit the car; the extent to 8.22 which they were advised of their constitutional rights to be 8.23 free from unreasonable search and seizure; the outcome of the 8.24 search; whether any resistance, force, or injuries resulted; the 8.25 duration of the stop; and the outcome of the stop; and 8.26 (3) accurate conclusions from the data, including: 8.27 (i) whether racial profiling is used by law enforcement 8.28 agencies to identify motorists for traffic stops; and 8.29 (ii) a statement as to the benefit of traffic stops with 8.30 regard to the interdiction of drugs and proceeds of drug 8.31 trafficking, including the approximate quantity and street value 8.32 of seized drugs and the value of drug trafficking proceeds. 8.33 Subd. 6. [SUBMISSION TO ATTORNEY GENERAL.] The outside 8.34 expert shall submit the results of the analysis required in 8.35 subdivision 5 at the end of each quarter to the attorney general. 8.36 Subd. 7. [REPORT REQUIRED; DATA CLASSIFICATION.] (a) Each 9.1 year, the attorney general, with the advice of the outside 9.2 expert and advisory committee, shall prepare a summary report of 9.3 the quarterly data and the analysis of that data. By February 9.4 15 each year, the attorney general shall submit this report to 9.5 the governor and the legislature and release it to the public. 9.6 (b) Data collected under this section that are on the law 9.7 enforcement officer who makes a stop or the individual who is 9.8 the subject of the stop are private data on individuals, as 9.9 defined in section 13.02. Other data collected or generated 9.10 under this section are public data. 9.11 Sec. 8. [626.954] [POLICIES REQUIRED ON ACCOUNTABILITY AND 9.12 RACE-BASED TRAFFIC STOPS.] 9.13 Subdivision 1. [MODEL POLICY REQUIRED.] By September 15, 9.14 2001, the board shall develop and distribute to all chief law 9.15 enforcement officers a model policy on race-based traffic stops 9.16 that: 9.17 (1) prohibits racial profiling and race-based traffic 9.18 stops; 9.19 (2) prohibits the practice of pretextual stops; and 9.20 (3) requires law enforcement agencies based on an analysis 9.21 of the annual summary report required in section 626.953, 9.22 subdivision 7, to: 9.23 (i) determine whether any of its officers have a pattern of 9.24 stopping members of minority groups for violations of vehicle 9.25 laws in a disproportionate fashion; 9.26 (ii) determine whether any officers of the law enforcement 9.27 agency routinely engage in pretextual stops; 9.28 (iii) provide for appropriate counseling and training for 9.29 any law enforcement officer found to have engaged in race-based 9.30 traffic stops or pretextual stops; 9.31 (iv) examine current training regimes, policies, and 9.32 protocols to determine if they lead to race-based traffic stops 9.33 or pretextual stops; and 9.34 (v) devise a plan to alter current training regimes, 9.35 policies, and protocols that lead to race-based traffic stops or 9.36 pretextual stops. 10.1 Subd. 2. [LOCAL POLICIES REQUIRED.] By November 1, 2001, 10.2 all chief law enforcement officers shall establish and implement 10.3 a written policy that is identical or substantially similar to 10.4 the model policy described in subdivision 1. 10.5 Subd. 3. [ROLE OF ATTORNEY GENERAL.] The attorney general 10.6 shall monitor the implementation and enforcement of the policies 10.7 required in this section. 10.8 Sec. 9. [626.955] [EARLY WARNING INFORMATION SYSTEM.] 10.9 Each law enforcement agency shall develop and implement an 10.10 early warning information management system to integrate traffic 10.11 stop data. The system must provide law enforcement supervisors 10.12 and managers with information relating to potential patterns of 10.13 at-risk conduct involving law enforcement officers and the 10.14 agency. 10.15 Sec. 10. [626.9555] [WITHHOLDING OF FUNDS.] 10.16 Upon the recommendation of the advisory committee, the 10.17 governor may direct that up to ten percent of the total amount 10.18 of state aid or funding to a law enforcement agency or a local 10.19 unit of government with jurisdiction over a law enforcement 10.20 agency be withheld if the agency has intentionally refused or 10.21 unduly delayed accurately collecting the data as required in 10.22 section 626.953. 10.23 Sec. 11. [626.956] [LAW ENFORCEMENT TRAINING ON 10.24 ELIMINATING RACIAL PROFILING.] 10.25 Subdivision 1. [PRESERVICE TRAINING ON ELIMINATING RACIAL 10.26 PROFILING REQUIRED.] (a) By January 1, 2002, the board, in 10.27 consultation with the advisory committee, shall prepare learning 10.28 objectives for instructing peace officers in eliminating racial 10.29 profiling. The course must consist of at least seven hours of 10.30 classroom and skills-based training and must focus on changing 10.31 both officer behavior as well as law enforcement systems by: 10.32 (1) emphasizing cultural diversity, integrity, and ethics; 10.33 (2) examining the patterns, practices, and protocols that 10.34 result in racial profiling, race-based traffic stops, and 10.35 pretextual stops; and 10.36 (3) prescribing patterns, practices, and protocols that 11.1 prevent racial profiling, race-based traffic stops, and 11.2 pretextual stops. 11.3 (b) An individual is not eligible to take the peace officer 11.4 licensing examination or the part-time peace officer licensing 11.5 examination on or after January 1, 2002, unless the individual 11.6 has received the training described in paragraph (a). 11.7 Subd. 2. [IN-SERVICE TRAINING IN ELIMINATING RACIAL 11.8 PROFILING REQUIRED.] The chief law enforcement officer of every 11.9 state and local law enforcement agency shall provide in-service 11.10 training in eliminating racial profiling to every peace officer 11.11 and part-time peace officer employed by the agency. The 11.12 training must comply with learning objectives developed and 11.13 approved by the board and must consist of at least eight hours 11.14 of classroom and skills-based training every three years. 11.15 Sec. 12. [STANDARDIZED FORM.] 11.16 By August 15, 2001, the attorney general shall develop and 11.17 distribute to law enforcement agencies a standardized form that 11.18 law enforcement officers may use to record the information 11.19 detailed in Minnesota Statutes, section 626.953, subdivision 1. 11.20 Sec. 13. [APPROPRIATION.] 11.21 $....... is appropriated for the fiscal year ending June 11.22 30, 2002, and $....... is appropriated for the fiscal year 11.23 ending June 30, 2003, from the general fund to the attorney 11.24 general to implement this act. Of this amount: 11.25 (1) $....... the first year and $....... the second year 11.26 are for the advisory committee described in Minnesota Statutes, 11.27 section 626.951; and 11.28 (2) $....... the first year and $....... the second year 11.29 are to procure the services of the outside expert described in 11.30 Minnesota Statutes, section 626.952. 11.31 Sec. 14. [EFFECTIVE DATES.] 11.32 Sections 5, 8, 9, 11, and 12 are effective the day 11.33 following final enactment. Section 7 is effective September 1, 11.34 2001, and applies to traffic stops conducted on or after that 11.35 date. Section 3 is effective August 1, 2001, and applies to 11.36 offenses committed on or after that date.