SF 386

4th Engrossment - 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 data for the 
  1.6             study; requiring law enforcement officers to provide 
  1.7             information to drivers of stopped vehicles; requiring 
  1.8             law enforcement training and conferences in 
  1.9             eliminating racial profiling; requiring a report; 
  1.10            appropriating money; amending Minnesota Statutes 2000, 
  1.11            sections 13.871, subdivision 6; 357.021, subdivision 
  1.12            6; proposing coding for new law in Minnesota Statutes, 
  1.13            chapter 626. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2000, section 13.871, 
  1.16  subdivision 6, is amended to read: 
  1.17     Subd. 6.  [TRAINING; INVESTIGATION; APPREHENSION; REPORTS.] 
  1.18  (a)  [REPORTS OF GUNSHOT WOUNDS.] Disclosure of the name of a 
  1.19  person making a report under section 626.52, subdivision 2, is 
  1.20  governed by section 626.53.  
  1.21     (b)  [CHILD ABUSE REPORT RECORDS.] Data contained in child 
  1.22  abuse report records are classified under section 626.556. 
  1.23     (c)  [INTERSTATE DATA EXCHANGE.] Disclosure of child abuse 
  1.24  reports to agencies of another state is classified under section 
  1.25  626.556, subdivision 10g. 
  1.26     (d)  [RELEASE TO FAMILY COURT SERVICES.] Release of child 
  1.27  abuse data to a court services agency is authorized under 
  1.28  section 626.556, subdivision 10h. 
  1.29     (e)  [RELEASE OF DATA TO MANDATED REPORTERS.] Release of 
  2.1   child abuse data to mandated reporters who have an ongoing 
  2.2   responsibility for the health, education, or welfare of a child 
  2.3   affected by the data is authorized under section 626.556, 
  2.4   subdivision 10j. 
  2.5      (f)  [RELEASE OF CHILD ABUSE INVESTIGATIVE RECORDS TO OTHER 
  2.6   COUNTIES.] Release of child abuse investigative records to local 
  2.7   welfare agencies is authorized under section 626.556, 
  2.8   subdivision 10k. 
  2.9      (g)  [CLASSIFYING AND SHARING RECORDS AND REPORTS OF CHILD 
  2.10  ABUSE.] The classification of child abuse data and the sharing 
  2.11  of records and reports of child abuse by and between local 
  2.12  welfare agencies and law enforcement agencies are governed under 
  2.13  section 626.556, subdivision 11. 
  2.14     (h)  [DISCLOSURE OF INFORMATION NOT REQUIRED IN CERTAIN 
  2.15  CASES.] Disclosure of certain data obtained from interviewing a 
  2.16  minor is governed by section 626.556, subdivision 11a. 
  2.17     (i)  [DATA RECEIVED FROM LAW ENFORCEMENT.] Classifying 
  2.18  child abuse data received by certain agencies from law 
  2.19  enforcement agencies is governed under section 626.556, 
  2.20  subdivision 11b. 
  2.21     (j)  [DISCLOSURE IN CHILD FATALITY CASES.] Disclosure of 
  2.22  information relating to a child fatality is governed under 
  2.23  section 626.556, subdivision 11d.  
  2.24     (k)  [REPORTS OF ALCOHOL ABUSE.] Data on persons making 
  2.25  reports under section 626.5563 are classified under section 
  2.26  626.5563, subdivision 5.  
  2.27     (l)  [VULNERABLE ADULT REPORT RECORDS.] Data contained in 
  2.28  vulnerable adult report records are classified under section 
  2.29  626.557, subdivision 12b.  
  2.30     (m)  [ADULT PROTECTION TEAM INFORMATION SHARING.] Sharing 
  2.31  of local welfare agency vulnerable adult data with a protection 
  2.32  team is governed by section 626.5571, subdivision 3. 
  2.33     (n)  [CHILD PROTECTION TEAM.] Data acquired by a case 
  2.34  consultation committee or subcommittee of a child protection 
  2.35  team are classified by section 626.558, subdivision 3.  
  2.36     (o)  [CHILD MALTREATMENT REPORTS PEER REVIEW PANEL.] 
  3.1   Sharing data of cases reviewed by the panel is governed under 
  3.2   section 626.5593, subdivision 2. 
  3.3      (p)  [PEACE OFFICER DISCIPLINE PROCEDURES.] Access by an 
  3.4   officer under investigation to the investigating agency's 
  3.5   investigative report on the officer is governed by section 
  3.6   626.89, subdivision 6. 
  3.7      (q)  [RACIAL PROFILING DATA.] Traffic stop data collected 
  3.8   for purposes of the racial profiling study and data of the 
  3.9   racial profiling advisory committee are classified under 
  3.10  sections 626.951, subdivision 7, and 626.9516, subdivision 4. 
  3.11     Sec. 2.  Minnesota Statutes 2000, section 357.021, 
  3.12  subdivision 6, is amended to read: 
  3.13     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
  3.14  (a) The court shall impose and the court administrator shall 
  3.15  collect a $25 $29 surcharge on every person convicted of any 
  3.16  felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
  3.17  offense, other than a violation of a law or ordinance relating 
  3.18  to vehicle parking.  The surcharge shall be imposed whether or 
  3.19  not the person is sentenced to imprisonment or the sentence is 
  3.20  stayed.  
  3.21     (b) If the court fails to impose a surcharge as required by 
  3.22  this subdivision, the court administrator shall show the 
  3.23  imposition of the $25 $29 surcharge, collect the surcharge and 
  3.24  correct the record. 
  3.25     (c) The court may not waive payment of the surcharge 
  3.26  required under this subdivision.  Upon a showing of indigency or 
  3.27  undue hardship upon the convicted person or the convicted 
  3.28  person's immediate family, the sentencing court may authorize 
  3.29  payment of the surcharge in installments. 
  3.30     (d) The court administrator or other entity collecting a 
  3.31  surcharge shall forward it to the state treasurer. 
  3.32     (e) If the convicted person is sentenced to imprisonment 
  3.33  and has not paid the surcharge before the term of imprisonment 
  3.34  begins, the chief executive officer of the correctional facility 
  3.35  in which the convicted person is incarcerated shall collect the 
  3.36  surcharge from any earnings the inmate accrues from work 
  4.1   performed in the facility or while on conditional release.  The 
  4.2   chief executive officer shall forward the amount collected to 
  4.3   the state treasurer. 
  4.4      Sec. 3.  [626.8515] [ELIGIBILITY FOR LICENSING 
  4.5   EXAMINATION.] 
  4.6      A person with a baccalaureate degree from an accredited 
  4.7   college or university who has successfully completed a board 
  4.8   certified practical skills oriented basic training course is 
  4.9   eligible to take the peace officer licensing examination. 
  4.10     Sec. 4.  [626.8517] [ELIGIBILITY FOR RECIPROCITY 
  4.11  EXAMINATION BASED ON RELEVANT MILITARY EXPERIENCE.] 
  4.12     (a) For purposes of this section, "relevant military 
  4.13  experience" means five years of active duty military police 
  4.14  service. 
  4.15     (b) A person who has relevant military experience and who 
  4.16  has been honorably discharged from the military is eligible to 
  4.17  take the reciprocity examination. 
  4.18     Sec. 5.  [626.95] [LEGISLATIVE FINDINGS ON RACIAL 
  4.19  PROFILING.] 
  4.20     The legislature finds that the reality or public perception 
  4.21  of racial profiling alienates people from police, hinders 
  4.22  community policing efforts, and causes law enforcement to lose 
  4.23  credibility and trust among the people law enforcement is sworn 
  4.24  to protect and serve.  No stop initiated by a peace officer 
  4.25  should be made without a legitimate reason; race, ethnicity, or 
  4.26  national origin alone should never provide a sufficient reason.  
  4.27  Law enforcement policies and training programs must emphasize 
  4.28  the need to respect the balance between the rights of all 
  4.29  persons to be free from unreasonable governmental intrusions and 
  4.30  law enforcement's need to enforce the law. 
  4.31     Sec. 6.  [626.9505] [DEFINITIONS.] 
  4.32     Subdivision 1.  [SCOPE.] As used in sections 626.95 to 
  4.33  626.953, the following terms have the meanings given. 
  4.34     Subd. 2.  [BOARD.] "Board" means the board of peace officer 
  4.35  standards and training. 
  4.36     Subd. 3.  [LAW ENFORCEMENT AGENCY.] "Law enforcement agency"
  5.1   has the meaning given in section 626.84. 
  5.2      Subd. 4.  [LAW ENFORCEMENT OFFICER.] "Law enforcement 
  5.3   officer" includes all licensed peace officers of a law 
  5.4   enforcement agency. 
  5.5      Subd. 5.  [RACIAL PROFILING.] "Racial profiling" includes 
  5.6   any law enforcement officer-initiated action that relies on the 
  5.7   race, ethnicity, or national origin of an individual, rather 
  5.8   than on the behavior of that individual or on information that 
  5.9   leads the officer to a particular individual who has been 
  5.10  identified as being engaged in or having been engaged in 
  5.11  criminal activity. 
  5.12     Subd. 6.  [TRAFFIC STOP.] (a) "Traffic stop" means any time 
  5.13  a law enforcement officer: 
  5.14     (1) causes the operator of a motor vehicle being operated 
  5.15  on any street or highway in the state to stop the motor vehicle; 
  5.16  or 
  5.17     (2) detains an occupied motor vehicle that is already 
  5.18  stopped in any public or private place. 
  5.19     (b) Traffic stop does not include a checkpoint or roadblock 
  5.20  stop, or a stop of multiple vehicles due to a traffic accident 
  5.21  or emergency situation. 
  5.22     (c) Traffic stop as defined in paragraph (a), clause (2), 
  5.23  does not include: 
  5.24     (1) a law enforcement officer's actions taken in response 
  5.25  to a citizen complaint or tip, or at the direction of another 
  5.26  law enforcement officer or a dispatcher; or 
  5.27     (2) roadside assistance provided by the officer. 
  5.28     (d) A law enforcement officer does not detain a motor 
  5.29  vehicle under paragraph (a), clause (2), by asking the driver of 
  5.30  the vehicle for identification or the purpose of the driver and 
  5.31  vehicle being in the location. 
  5.32     Sec. 7.  [626.951] [RACIAL PROFILING STUDY; REPORT 
  5.33  REQUIRED.] 
  5.34     Subdivision 1.  [RACIAL PROFILING STUDY.] (a) The 
  5.35  commissioner of public safety shall oversee a statewide study on 
  5.36  traffic stops of citizens to determine whether racial profiling 
  6.1   exists.  Law enforcement agencies that decide to participate in 
  6.2   the study shall follow the procedures set forth by this 
  6.3   section.  Agencies that receive state money for the installation 
  6.4   of video cameras in police vehicles shall participate in the 
  6.5   study. 
  6.6      (b) The data that must be collected as part of this study 
  6.7   include: 
  6.8      (1) the location of the stop; 
  6.9      (2) the date and time of the stop; 
  6.10     (3) the age, race/ethnicity, and gender of the driver; 
  6.11     (4) the traffic violation or reason that led to the stop; 
  6.12     (5) the disposition of the stop, arrest, citation, warning, 
  6.13  or no action; 
  6.14     (6) whether a search was conducted of the driver, 
  6.15  passengers, or vehicle; 
  6.16     (7) if a search was conducted, the authority for the 
  6.17  search; 
  6.18     (8) if a search was conducted, whether any contraband was 
  6.19  discovered or seized and the nature of the contraband; 
  6.20     (9) whether the officer knew the race/ethnicity of the 
  6.21  driver before the stop; and 
  6.22     (10) the law enforcement agency's code. 
  6.23     (c) The commissioner shall ensure that data is collected 
  6.24  for a minimum of 24 months, with data collection ending on or 
  6.25  before August 31, 2003. 
  6.26     (d) The elements listed in paragraph (b) are the minimum 
  6.27  that a law enforcement agency participating in the study must 
  6.28  collect.  Nothing in this section prohibits an agency from 
  6.29  voluntarily collecting additional data elements.  If an agency 
  6.30  collects additional data elements, the data are classified as 
  6.31  provided in subdivision 7. 
  6.32     Subd. 2.  [SUBMISSION OF DATA TO COMMISSIONER.] By the 15th 
  6.33  of each month, each chief law enforcement officer of a law 
  6.34  enforcement agency participating in the study shall submit to 
  6.35  the commissioner of public safety, the data described in 
  6.36  subdivision 1 for each traffic stop conducted by the agency's 
  7.1   law enforcement officers in the preceding month. 
  7.2      Subd. 3.  [METHOD OF DATA COLLECTION.] A chief law 
  7.3   enforcement officer may collect and submit the data described in 
  7.4   this section electronically if the method of doing so is 
  7.5   compatible with the department of public safety's computer 
  7.6   system or on paper forms supplied by the commissioner of public 
  7.7   safety. 
  7.8      Subd. 4.  [OUTSIDE EXPERT.] (a) The commissioner of 
  7.9   administration, in consultation with the racial profiling 
  7.10  advisory committee, shall retain a sufficiently experienced and 
  7.11  independent organization or individual to: 
  7.12     (1) design and oversee the data collection process 
  7.13  described in this section; 
  7.14     (2) develop baseline measures to analyze the data 
  7.15  collected; 
  7.16     (3) develop and implement a data compliance auditing 
  7.17  process that ensures the accuracy of data collected through, 
  7.18  among other things, periodic spot checks; and 
  7.19     (4) analyze the data collected. 
  7.20     (b) Upon the request of the racial profiling advisory 
  7.21  committee, the outside expert shall advise it about the status 
  7.22  of the study as it is occurring, including, but not limited to, 
  7.23  preliminary information and analysis on collected data. 
  7.24     Subd. 5.  [OTHER DUTIES OF COMMISSIONER.] The commissioner 
  7.25  of public safety shall: 
  7.26     (1) ensure that data forwarded to the commissioner under 
  7.27  this section is entered into a central database in a timely 
  7.28  manner; 
  7.29     (2) cooperate with the outside expert to facilitate the 
  7.30  ability of the expert to fulfill its duties under this section, 
  7.31  including allowing the expert sufficient access to the compiled 
  7.32  data; and 
  7.33     (3) develop and distribute to law enforcement agencies 
  7.34  participating in the study a paper form to collect the data.  
  7.35     Subd. 6.  [REPORT REQUIRED.] The outside expert shall 
  7.36  analyze the data collected to determine the degree to which, if 
  8.1   at all, racial profiling occurs in traffic stops made by law 
  8.2   enforcement agencies participating in the study within the 
  8.3   state.  By February 1, 2004, the expert shall report the results 
  8.4   of the analysis to the chairs of the senate and house committees 
  8.5   having jurisdiction over criminal justice policy. 
  8.6      Subd. 7.  [DATA.] Traffic stop data collected for purposes 
  8.7   of this section are private data on individuals or nonpublic 
  8.8   data as defined in section 13.02, provided that data not on 
  8.9   individuals become public when the report required under 
  8.10  subdivision 6 is submitted to the legislature.  This subdivision 
  8.11  does not affect the classification of the same data collected 
  8.12  for other law enforcement purposes. 
  8.13     Subd. 8.  [EXPIRATION.] This section expires on February 1, 
  8.14  2004. 
  8.15     Sec. 8.  [626.9513] [RACIAL PROFILING ADVISORY COMMITTEE.] 
  8.16     Subdivision 1.  [COMMITTEE ESTABLISHED; MEMBERS.] (a) The 
  8.17  racial profiling advisory committee consists of the following 
  8.18  individuals or their designees: 
  8.19     (1) the executive director of the Minnesota chiefs of 
  8.20  police association; 
  8.21     (2) the executive director of the Minnesota police and 
  8.22  peace officers association; 
  8.23     (3) the executive director of the Minnesota sheriffs 
  8.24  association; 
  8.25     (4) a chief of police, selected by the Minnesota chiefs of 
  8.26  police association; 
  8.27     (5) a member of the Minnesota police and peace officers 
  8.28  association, selected by the association; 
  8.29     (6) the executive director of the council on Asian-Pacific 
  8.30  Minnesotans; 
  8.31     (7) the executive director of the council on Black 
  8.32  Minnesotans; 
  8.33     (8) the executive director of the council on Indian 
  8.34  affairs; 
  8.35     (9) the executive director of the council on Chicano-Latino 
  8.36  people affairs; 
  9.1      (10) the executive director of an urban league chapter, 
  9.2   selected by agreement of the executive directors of the urban 
  9.3   league chapters within the state; and 
  9.4      (11) the president of a National Association for the 
  9.5   Advancement of Colored People branch, selected by agreement of 
  9.6   the presidents of the National Association for the Advancement 
  9.7   of Colored People branches within the state. 
  9.8      (b) The committee may choose a chair from among its members.
  9.9      Subd. 2.  [ROLE OF COMMITTEE.] In addition to the other 
  9.10  duties required of the committee in sections 626.95 to 626.953, 
  9.11  the committee shall: 
  9.12     (1) consult with the attorney general on the development 
  9.13  and implementation of a public awareness campaign on the issue 
  9.14  of racial profiling and the availability of the toll-free 
  9.15  telephone number described in section 626.9515; and 
  9.16     (2) generally oversee the implementation of sections 626.95 
  9.17  to 626.953, including reviewing and monitoring efforts to 
  9.18  eliminate racial profiling. 
  9.19     Subd. 3.  [IMMUNITY.] Members of the committee are immune 
  9.20  from civil or criminal liability for actions taken in the 
  9.21  performance of their duties, including, but not limited to 
  9.22  actions taken under section 626.9516, provided that they are 
  9.23  acting in good faith. 
  9.24     Sec. 9.  [626.9515] [DUTY OF LAW ENFORCEMENT OFFICERS TO 
  9.25  PROVIDE INFORMATION TO DRIVERS; TOLL-FREE TELEPHONE NUMBER.] 
  9.26     (a) A uniformed law enforcement officer who conducts a 
  9.27  traffic stop shall issue an information card to the driver of 
  9.28  the vehicle that provides: 
  9.29     (1) a toll-free telephone number and advises the driver to 
  9.30  immediately call the number to make a complaint if the driver 
  9.31  believes that the driver has been treated in a biased manner; 
  9.32  and 
  9.33     (2) the law enforcement officer's badge number and agency 
  9.34  number. 
  9.35     (b) The attorney general shall maintain the toll-free 
  9.36  telephone number for complaints described in this section. 
 10.1      (c) The attorney general, in consultation with the racial 
 10.2   profiling advisory committee, shall design and distribute to law 
 10.3   enforcement agencies a uniform information card that complies 
 10.4   with paragraph (a). 
 10.5      Sec. 10.  [626.9516] [RACIAL PROFILING COMPLAINTS.] 
 10.6      Subdivision 1.  [PROCEDURE.] (a) Upon receiving a complaint 
 10.7   made through the toll-free telephone number described in section 
 10.8   626.9515, the attorney general shall forward all relevant 
 10.9   information on the complaint to the board and immediately inform 
 10.10  the law enforcement agency employing the officer involved of the 
 10.11  need to preserve any video tapes or disks that recorded the 
 10.12  incident or other evidence related to the incident.  The board 
 10.13  shall notify in writing the law enforcement agency employing the 
 10.14  officer involved of the nature and details of the complaint.  
 10.15  The notice must inform the agency that within 30 days the agency 
 10.16  must investigate the complaint, take appropriate disciplinary 
 10.17  action against the officer if warranted, and report the results 
 10.18  of the investigation and any disciplinary action taken back to 
 10.19  the board. 
 10.20     (b) The board shall forward to the complainant: 
 10.21     (1) a copy of the notice sent to the law enforcement agency 
 10.22  under paragraph (a); 
 10.23     (2) a notice that if the stop was recorded on a video 
 10.24  camera installed in the police vehicle, the complainant, upon 
 10.25  request and at the complainant's own expense, may receive a copy 
 10.26  of the video tape or disk, and a description of the process for 
 10.27  obtaining it; and 
 10.28     (3) a description of the complaint process, including how 
 10.29  complaints will be investigated and the process the complainant 
 10.30  must follow if the complainant disputes how the agency handled 
 10.31  the complaint. 
 10.32     Subd. 2.  [REVIEW OF INVESTIGATION.] A complainant who is 
 10.33  not satisfied with a law enforcement agency's handling of a 
 10.34  complaint under subdivision 1 may notify the board.  The board 
 10.35  shall forward all relevant information on the complaint to the 
 10.36  racial profiling advisory committee and the committee shall 
 11.1   review the investigation based on this information.  If the 
 11.2   committee determines that the process used by the agency to 
 11.3   investigate the complaint was incomplete or otherwise deficient, 
 11.4   the committee shall notify the board and recommend that the 
 11.5   board investigate the complaint.  Regardless of the committee's 
 11.6   determination, the board shall notify the complainant of the 
 11.7   final action on the complaint. 
 11.8      Subd. 3.  [REPORTS.] By the 15th of each month, the board 
 11.9   shall forward to the racial profiling advisory committee and 
 11.10  make available to the public summary data on complaints received 
 11.11  and the results of investigations under this section. 
 11.12     Subd. 4.  [DATA; CONFIDENTIALITY OF PROCEEDINGS.] (a) For 
 11.13  purposes of conducting a review of an investigation under this 
 11.14  section, the racial profiling advisory committee has access to 
 11.15  law enforcement investigative and personnel data that are not 
 11.16  public data under chapter 13.  Notwithstanding the 
 11.17  classification of the data in the possession of the law 
 11.18  enforcement agency, data acquired by the advisory committee from 
 11.19  a law enforcement agency and data created by the advisory 
 11.20  committee as part of its review are confidential or protected 
 11.21  nonpublic data as defined in section 13.02.  The data are not 
 11.22  subject to subpoena or discovery.  Data may be disclosed to the 
 11.23  board for purposes of reporting the findings of the advisory 
 11.24  committee and identifying issues that need further investigation 
 11.25  or as otherwise necessary to carry out the purposes of the 
 11.26  committee. 
 11.27     (b) A member of the advisory committee must not disclose 
 11.28  what transpired at a meeting of the committee, except as 
 11.29  necessary to carry out the duties of the committee under this 
 11.30  section.  The proceedings and records of the committee are not 
 11.31  subject to discovery or introduction into evidence in a civil or 
 11.32  criminal action arising out of the matters the committee is 
 11.33  reviewing.  Information otherwise available from other sources 
 11.34  is not immune from discovery or use in a civil or criminal 
 11.35  action solely because it was presented during proceedings of the 
 11.36  committee.  A member of the committee is not prevented from 
 12.1   testifying about matters within the member's knowledge.  
 12.2   However, in a civil or criminal proceeding, a member must not be 
 12.3   questioned about opinions formed by the member as a result of a 
 12.4   committee meeting. 
 12.5      Sec. 11.  [626.9517] [GRANT PROGRAM FOR INSTALLATION OF 
 12.6   VIDEO CAMERAS IN POLICE VEHICLES.] 
 12.7      Subdivision 1.  [GRANTS; CAMERAS DESCRIBED.] The 
 12.8   commissioner of public safety shall make grants to local law 
 12.9   enforcement agencies participating in the racial profiling study 
 12.10  described in section 626.951 for the installation of video 
 12.11  cameras on police vehicles designed to record traffic stops.  A 
 12.12  video camera installed pursuant to a grant under this section 
 12.13  must: 
 12.14     (1) be automatically activated during every traffic stop; 
 12.15     (2) contain an audio feature; and 
 12.16     (3) be designed and installed so as to record the stop in 
 12.17  its entirety. 
 12.18     Cameras may not be equipped with manual shut-off switches. 
 12.19     Subd. 2.  [POST BOARD STANDARDS.] The board shall develop 
 12.20  standards for the use of video cameras by law enforcement 
 12.21  agencies consistent with this section.  The board shall require 
 12.22  that cameras be activated for the entirety of a traffic stop. 
 12.23     Subd. 3.  [STORAGE OF VIDEO.] Notwithstanding section 
 12.24  138.163 or 138.17, chief law enforcement officers of agencies 
 12.25  having video cameras in police vehicles shall ensure that the 
 12.26  video tape or disk from the camera be stored for a minimum of 60 
 12.27  days after use.  If the chief law enforcement officer has not 
 12.28  been instructed by the board or the attorney general to maintain 
 12.29  the tape or disk beyond that period, the chief law enforcement 
 12.30  officer may reuse it.  Tapes and disks must be stored and 
 12.31  maintained under this subdivision in an accessible manner.  The 
 12.32  tapes and disks must be clearly labeled and ordered. 
 12.33     Subd. 4.  [AVAILABILITY OF VIDEO TAPE.] A chief law 
 12.34  enforcement officer shall provide a copy of a video tape or disk 
 12.35  that recorded a traffic stop to the driver of the stopped 
 12.36  vehicle upon the driver's request and at the driver's expense if 
 13.1   the tape or disk has not yet been reused. 
 13.2      Subd. 5.  [APPLICABILITY TO STATE PATROL.] The provisions 
 13.3   of this section apply also to video cameras placed in state 
 13.4   patrol vehicles. 
 13.5      Sec. 12.  [626.952] [POLICIES REQUIRED ON ELIMINATING 
 13.6   RACIAL PROFILING.] 
 13.7      Subdivision 1.  [MODEL POLICY REQUIRED.] By September 15, 
 13.8   2001, the board, in consultation with the racial profiling 
 13.9   advisory committee, shall develop and distribute to all chief 
 13.10  law enforcement officers a model policy on eliminating traffic 
 13.11  stops involving racial profiling. 
 13.12     Subd. 2.  [LOCAL POLICIES REQUIRED.] By November 1, 2001, 
 13.13  all chief law enforcement officers shall establish and implement 
 13.14  a written policy that is identical or substantially similar to 
 13.15  the model policy described in subdivision 1. 
 13.16     Subd. 3.  [REVIEW.] The board shall periodically evaluate 
 13.17  law enforcement agencies to determine whether the agency is 
 13.18  complying with subdivision 2.  In addition, upon receiving a 
 13.19  complaint, the board shall determine whether an agency is 
 13.20  failing to comply with subdivision 2. 
 13.21     Sec. 13.  [626.953] [LAW ENFORCEMENT TRAINING ON 
 13.22  ELIMINATING RACIAL PROFILING.] 
 13.23     Subdivision 1.  [PRESERVICE TRAINING REQUIRED.] By July 1, 
 13.24  2001, the board, in consultation with the racial profiling 
 13.25  advisory committee, shall prepare learning objectives for 
 13.26  instructing peace officers in eliminating racial profiling in 
 13.27  traffic stops.  The objectives must be included in the 
 13.28  curriculum of the professional peace officer education programs. 
 13.29     Subd. 2.  [IN-SERVICE TRAINING REQUIRED.] By July 1, 2001, 
 13.30  the board, in consultation with the racial profiling advisory 
 13.31  committee, shall prepare learning objectives to eliminate racial 
 13.32  profiling in traffic stops.  The objectives must be included in 
 13.33  continuing education courses approved for peace officer 
 13.34  continuing education credit.  The board shall monitor and 
 13.35  evaluate continuing education courses to ensure that they meet 
 13.36  the requirements of the learning objectives. 
 14.1      Sec. 14.  [APPLICABILITY TO STATE PATROL.] 
 14.2      If an appropriation is enacted in the 2001 legislative 
 14.3   session providing money to the state patrol for the installation 
 14.4   of video cameras in state patrol vehicles, Minnesota Statutes, 
 14.5   sections 626.951 and 626.9517, apply to the state patrol. 
 14.6      Sec. 15.  [ELIMINATION OF RACIAL PROFILING CONFERENCES.] 
 14.7      The peace officer standards and training board shall 
 14.8   facilitate conferences for peace officers designed to raise the 
 14.9   awareness level of officers relating to traffic stops involving 
 14.10  racial profiling.  At least one conference must be statewide in 
 14.11  scope attempting to attract officers from across the state and 
 14.12  addressing racial profiling from a statewide perspective.  Other 
 14.13  conferences must be regional in scope and specifically address 
 14.14  localized issues involving racial profiling, including potential 
 14.15  community oriented responses.  The board shall consult with the 
 14.16  racial profiling advisory committee in developing the curriculum 
 14.17  of the conferences. 
 14.18     Sec. 16.  [STUDY.] 
 14.19     The chief of the state patrol shall identify measures to 
 14.20  better recruit minorities and increase their representation in 
 14.21  the state patrol so that the trooper population more accurately 
 14.22  reflects the population served by the state patrol.  By January 
 14.23  15, 2002, the chief shall report to the senate and house 
 14.24  committees and divisions having jurisdiction over criminal 
 14.25  justice and transportation policy and funding on the measures 
 14.26  identified and the resources needed to implement these measures. 
 14.27     Sec. 17.  [APPROPRIATIONS.] 
 14.28     Subdivision 1.  [PUBLIC SAFETY.] (a) $3,800,000 is 
 14.29  appropriated for the fiscal biennium ending June 30, 2003, from 
 14.30  the general fund to the commissioner of public safety.  Of this 
 14.31  amount: 
 14.32     (1) $3,375,000 is for the video camera grant program 
 14.33  described in Minnesota Statutes, section 626.9517, and for the 
 14.34  purchase and installation of video cameras in state patrol 
 14.35  vehicles; 
 14.36     (2) $325,000 to be distributed as described in paragraph 
 15.1   (d) is to reimburse local law enforcement agencies that 
 15.2   participate in the racial profiling study described in Minnesota 
 15.3   Statutes, section 626.951, for costs they incur in 
 15.4   participating; and 
 15.5      (3) $100,000 is to oversee the racial profiling study 
 15.6   described in Minnesota Statutes, section 626.951, and to 
 15.7   reimburse the state patrol for costs associated with its 
 15.8   participation in the study. 
 15.9      (b) The commissioner shall issue a request for proposals 
 15.10  and select a vendor from whom to purchase video cameras under 
 15.11  Minnesota Statutes, section 626.9517.  The vendor selected must 
 15.12  provide maintenance and extended warranties for the cameras. 
 15.13     (c) The commissioner shall aggressively seek available 
 15.14  federal grants related to eliminating racial profiling and 
 15.15  assist local units of government to receive federal funding. 
 15.16     (d) The commissioner may reimburse local law enforcement 
 15.17  agencies under paragraph (a), clause (2), in the following 
 15.18  maximum amounts: 
 15.19     (1) up to $5,000 for agencies with fewer than 100 full-time 
 15.20  sworn peace officers; 
 15.21     (2) up to $15,000 for agencies with at least 100, but fewer 
 15.22  than 300 full-time sworn peace officers; 
 15.23     (3) up to $30,000 for agencies with at least 300, but fewer 
 15.24  than 500 full-time sworn peace officers; 
 15.25     (4) up to $50,000 for agencies with at least 500, but fewer 
 15.26  than 800 full-time sworn peace officers; and 
 15.27     (5) up to $60,000 for agencies with 800 or more full-time 
 15.28  sworn peace officers. 
 15.29     Subd. 2.  [ADMINISTRATION.] $250,000 is appropriated for 
 15.30  the fiscal biennium ending June 30, 2003, from the general fund 
 15.31  to the commissioner of administration to retain the outside 
 15.32  expert described in Minnesota Statutes, section 626.951. 
 15.33     Subd. 3.  [ATTORNEY GENERAL.] $500,000 is appropriated for 
 15.34  the fiscal biennium ending June 30, 2003, from the general fund 
 15.35  to the attorney general: 
 15.36     (1) to obtain and maintain the toll-free telephone number 
 16.1   to receive complaints under Minnesota Statutes, section 
 16.2   626.9515; 
 16.3      (2) to develop and implement, in consultation with the 
 16.4   racial profiling advisory committee, a public awareness campaign 
 16.5   on the issue of racial profiling and the availability of the 
 16.6   toll-free telephone number described in Minnesota Statutes, 
 16.7   section 626.9515; and 
 16.8      (3) for the development and distribution of uniform 
 16.9   information cards under Minnesota Statutes, section 626.9515. 
 16.10     Subd. 4.  [PEACE OFFICER STANDARDS AND TRAINING BOARD.] (a) 
 16.11  $400,000 is appropriated for the fiscal biennium ending June 30, 
 16.12  2003, from the general fund to the peace officer standards and 
 16.13  training board: 
 16.14     (1) for costs associated with the training provisions 
 16.15  described in Minnesota Statutes, section 626.953 and the 
 16.16  conferences described in section 15; and 
 16.17     (2) to hire a standards coordinator to: 
 16.18     (i) serve as a liaison to the racial profiling advisory 
 16.19  committee; 
 16.20     (ii) receive, evaluate, and investigate complaints; 
 16.21     (iii) ensure compliance with Minnesota statutes, rules, and 
 16.22  laws; 
 16.23     (iv) coordinate special projects; and 
 16.24     (v) perform other duties as directed by the executive 
 16.25  director of the board. 
 16.26     (b) $50,000 is appropriated for the fiscal biennium ending 
 16.27  June 30, 2003, from the general fund to the peace officer 
 16.28  standards and training board to provide clerical and 
 16.29  administrative support to the racial profiling advisory 
 16.30  committee. 
 16.31     Subd. 5.  [AVAILABILITY.] Appropriations in this section 
 16.32  are available until June 30, 2003, except that the appropriation 
 16.33  in subdivision 2 is available until June 30, 2004. 
 16.34     Sec. 18.  [EFFECTIVE DATES.] 
 16.35     Sections 1, 5 to 8, and 11 to 16 are effective the day 
 16.36  following final enactment.  Sections 9 and 10 are effective 
 17.1   September 1, 2001, and apply to traffic stops conducted on or 
 17.2   after that date.