SF 982

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

  1.1                          A bill for an act
  1.2             relating to criminal justice; requiring the 
  1.3             commissioner of public safety to oversee a study on 
  1.4             racial profiling; requiring a statewide model policy 
  1.5             and local agency policies against racial profiling; 
  1.6             requiring development of learning objectives against 
  1.7             racial profiling for preservice and in-service 
  1.8             training of peace officers; appropriating money; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 626. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [626.8471] [PURPOSE.] 
  1.13     The legislature finds that the perception of racial 
  1.14  profiling by law enforcement alienates citizens from police, 
  1.15  hinders community policing efforts, and causes law enforcement 
  1.16  to lose credibility and trust among the citizens law enforcement 
  1.17  tries to protect and serve.  Because of the seriousness of this 
  1.18  issue, careful study is needed to determine whether this 
  1.19  perception is valid.  No peace officer stop of a citizen should 
  1.20  be made without a legitimate reason, and race, ethnicity, or 
  1.21  national origin alone never provide a sufficient reason.  Law 
  1.22  enforcement training programs must emphasize the need to respect 
  1.23  the balance between the rights of all citizens to be free from 
  1.24  unreasonable governmental intrusions and law enforcement's need 
  1.25  to enforce the law. 
  1.26     Sec. 2.  [626.8472] [AVOIDING RACIAL PROFILING; POLICIES 
  1.27  AND LEARNING OBJECTIVES.] 
  1.28     Subdivision 1.  [DEFINITION; RACIAL PROFILING.] "Racial 
  2.1   profiling" means any law enforcement-initiated action that 
  2.2   relies upon the race, ethnicity, or national origin of an 
  2.3   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. 2.  [STATEWIDE MODEL POLICY.] By August 1, 2001, the 
  2.14  board of peace officer standards and training shall adopt an 
  2.15  anti-racial profiling model policy governing the conduct of 
  2.16  peace officers engaged in stops of citizens.  The board shall 
  2.17  review and, as necessary, revise the model anti-racial profiling 
  2.18  policy in collaboration with the Minnesota chiefs of police 
  2.19  association, the Minnesota sheriffs association, and the 
  2.20  Minnesota patrol and peace officers association. 
  2.21     Subd. 3.  [AGENCY POLICIES REQUIRED.] (a) The chief law 
  2.22  enforcement officer of every state and local law enforcement 
  2.23  agency must establish and enforce a written anti-racial 
  2.24  profiling policy governing the conduct of peace officers engaged 
  2.25  in stops of citizens.  The policy must, at a minimum, comply 
  2.26  with the requirements of the model policy adopted by the board 
  2.27  under subdivision 2. 
  2.28     (b) Every state and local law enforcement agency must 
  2.29  certify annually to the board that it has adopted a written 
  2.30  policy in compliance with the board's model policy. 
  2.31     (c) The board shall assist the chief law enforcement 
  2.32  officer of each state and local law enforcement agency in 
  2.33  developing and implementing anti-racial profiling policies under 
  2.34  this subdivision. 
  2.35     Subd. 4.  [PRESERVICE TRAINING LEARNING OBJECTIVES.] By 
  2.36  August 1, 2001, the board shall prepare learning objectives for 
  3.1   preservice training to instruct peace officers in avoiding 
  3.2   racial profiling when making stops of citizens.  These learning 
  3.3   objectives shall be included in the required curriculum of 
  3.4   professional peace officer education programs. 
  3.5      Subd. 5.  [IN-SERVICE TRAINING LEARNING OBJECTIVES.] By 
  3.6   August 1, 2001, the board shall prepare learning objectives for 
  3.7   in-service training to instruct peace officers in avoiding 
  3.8   racial profiling when making stops of citizens.  The board shall 
  3.9   evaluate and monitor in-service training courses to ensure they 
  3.10  satisfy the learning objectives. 
  3.11     Subd. 6.  [POST BOARD; COMPLIANCE REVIEWS AUTHORIZED.] The 
  3.12  board has authority to inspect state and local agency policies 
  3.13  to ensure compliance with subdivision 3.  The board may conduct 
  3.14  this inspection based upon a complaint it receives about a 
  3.15  particular agency or through a random selection process. 
  3.16     Sec. 3.  [626.8473] [RACIAL PROFILING STUDY; COMMISSIONER 
  3.17  OF PUBLIC SAFETY; RESPONSIBILITIES.] 
  3.18     Subdivision 1.  [RACIAL PROFILING STUDY.] (a) The 
  3.19  commissioner of public safety shall oversee a statewide study on 
  3.20  traffic stops of citizens to determine whether racial profiling 
  3.21  exists.  State and local law enforcement agencies that decide to 
  3.22  participate in the study shall follow the procedures set forth 
  3.23  by this section. 
  3.24     (b) The data that shall be collected as part of this study 
  3.25  include: 
  3.26     (1) the location of the stop; 
  3.27     (2) the date and time of the stop; 
  3.28     (3) the officer's perception of the age of the driver; 
  3.29     (4) the officer's perception of the race, ethnicity, or 
  3.30  national origin of the driver; 
  3.31     (5) the officer's perception of the gender of the driver; 
  3.32     (6) whether the peace officer knew the driver's race, 
  3.33  ethnicity, or national origin before the stop; 
  3.34     (7) the reason for the stop; 
  3.35     (8) the disposition of the stop; 
  3.36     (9) the law enforcement agency's identification code; and 
  4.1      (10) except as provided in this paragraph, any other data 
  4.2   the commissioner of public safety deems it advisable and 
  4.3   reasonable to collect. 
  4.4      (c) The commissioner of public safety must not permit the 
  4.5   collection of data on the identity of the peace officer making 
  4.6   the stop or the identity of the citizen who is stopped. 
  4.7      (d) The commissioner must ensure that data is collected for 
  4.8   a minimum of 12 months, with data collection ending on or before 
  4.9   December 31, 2002. 
  4.10     Subd 2.  [COMMISSIONER; RESPONSIBILITIES.] (a) The 
  4.11  commissioner of public safety shall enter into a contract with a 
  4.12  consultant to conduct a statewide study on racial profiling.  
  4.13  The consultant must have the training and experience necessary 
  4.14  to conduct the study and be able to perform all aspects of the 
  4.15  study objectively and without bias.  The consultant also must 
  4.16  demonstrate an ability to conduct all phases of the study in a 
  4.17  timely manner. 
  4.18     (b) The commissioner also shall: 
  4.19     (1) print data collection forms and instructions and 
  4.20  distribute these forms to participating law enforcement 
  4.21  agencies; 
  4.22     (2) provide a centralized data processing center, including 
  4.23  the necessary equipment and personnel to create an electronic 
  4.24  database containing the data for all traffic stops statewide; 
  4.25     (3) provide the training and oversight necessary to ensure 
  4.26  that the participating law enforcement agencies complete and 
  4.27  submit the data collection forms in a reliable and timely 
  4.28  manner; 
  4.29     (4) establish and administer a grant program, as provided 
  4.30  in subdivision 3, for awarding grants to local agencies that 
  4.31  decide to participate in the study; 
  4.32     (5) assist the consultant in design of the study, including 
  4.33  the selection of data to collect in addition to that data 
  4.34  identified in subdivision 1, paragraph (b), the procedures for 
  4.35  collecting and processing data, the general design of the 
  4.36  statistical analysis, and the preparation of reports on the 
  5.1   study; 
  5.2      (6) ensure that information in the electronic database is 
  5.3   shared with the consultant; 
  5.4      (7) monitor the progress of the study; and 
  5.5      (8) provide any other needed assistance to support the 
  5.6   study. 
  5.7      Subd. 3.  [GRANT PROGRAM ESTABLISHED.] (a) The commissioner 
  5.8   of public safety, in collaboration with the Minnesota chiefs of 
  5.9   police association, the Minnesota sheriffs association, the 
  5.10  Minnesota patrol and peace officers association, and other 
  5.11  entities the commissioner deems appropriate, shall design and 
  5.12  administer a grant program for grants to local agencies that 
  5.13  wish to participate in the study.  After consultation with these 
  5.14  associations and entities, the commissioner may make grants to 
  5.15  local law enforcement agencies to implement and administer the 
  5.16  study as follows: 
  5.17     (1) up to $10,000 for agencies with zero to nine full-time 
  5.18  sworn peace officers; 
  5.19     (2) up to $20,000 for agencies with ten to 25 full-time 
  5.20  sworn peace officers; 
  5.21     (3) up to $30,000 for agencies with 26 to 50 full-time 
  5.22  sworn peace officers; 
  5.23     (4) up to $40,000 for agencies with 51 to 100 full-time 
  5.24  sworn peace officers; 
  5.25     (5) up to $50,000 for agencies with 101 to 250 full-time 
  5.26  sworn peace officers; and 
  5.27     (6) up to $75,000 for agencies with over 250 full-time 
  5.28  sworn peace officers. 
  5.29     (b) In awarding grants under paragraph (a), the 
  5.30  commissioner of public safety, the Minnesota chiefs of police 
  5.31  association, the Minnesota sheriffs association, the Minnesota 
  5.32  patrol and peace officers association, and other entities the 
  5.33  commissioner invites to participate, shall ensure that the 
  5.34  grants are awarded in a manner that ensures geographic 
  5.35  representation throughout the state.  The commissioner of public 
  5.36  safety shall provide notice of the grant program to all local 
  6.1   law enforcement agencies.  The commissioner of public safety 
  6.2   also shall provide administrative assistance to agencies that 
  6.3   request it to facilitate their grant applications.  
  6.4      (c) The commissioner of public safety shall establish 
  6.5   deadlines by which interested local law enforcement agencies 
  6.6   must appear for a grant.  All grants shall be awarded by 
  6.7   November 15, 2001. 
  6.8      (d) Any state or local law enforcement agency may 
  6.9   participate in the study.  A local law enforcement agency that 
  6.10  wishes to participate in the study may apply for a grant from 
  6.11  the commissioner of public safety to implement and administer 
  6.12  the study.  An agency participating in the study must agree to 
  6.13  follow the study guidelines and procedures. 
  6.14     Sec. 4.  [626.8474] [CONSULTANT; DUTIES.] 
  6.15     The consultant shall be responsible for: 
  6.16     (1) designing the study, including the data collection form 
  6.17  and procedures; 
  6.18     (2) providing a reasonable degree of data checking to 
  6.19  determine the degree of validity of the data collection 
  6.20  procedures; 
  6.21     (3) maintaining the analysis and findings of the study as 
  6.22  not public data under section 13.02, subdivision 8a, until the 
  6.23  study's completion, except as needed to assure data validity and 
  6.24  to provide reports to the commissioner of public safety and the 
  6.25  legislature; 
  6.26     (4) determining the most appropriate baseline measures for 
  6.27  comparison with the traffic stop data and, to the extent 
  6.28  practicable, gathering and using such information in analyzing 
  6.29  the traffic stop data; 
  6.30     (5) conducting the study with generally accepted 
  6.31  statistical standards and scientifically valid protocols; and 
  6.32     (6) collaborating with the commissioner of public safety in 
  6.33  providing reports and presenting the study's findings to the 
  6.34  house and senate committees with jurisdiction over criminal 
  6.35  justice policy and funding issues. 
  6.36     Sec. 5.  [626.8475] [STATEWIDE CONFERENCE.] 
  7.1      The superintendent of the bureau of criminal apprehension 
  7.2   and executive director of the peace officer standards and 
  7.3   training board shall collaborate to coordinate a statewide 
  7.4   conference to raise awareness within the law enforcement 
  7.5   community about the issue of racial profiling.  This conference 
  7.6   shall take place no later than December 31, 2001. 
  7.7      Sec. 6.  [626.8476] [REGIONAL SEMINARS.] 
  7.8      The bureau of criminal apprehension shall conduct regional 
  7.9   seminars throughout the state to increase awareness about racial 
  7.10  profiling issues unique to specific regions of the state and to 
  7.11  promote a community-oriented response to the issue of racial 
  7.12  profiling.  These seminars shall be completed by December 31, 
  7.13  2001. 
  7.14     Sec. 7. [REPORTS.] 
  7.15     (a) By December 1, 2001, the commissioner of public safety 
  7.16  shall report to the house and senate committees with 
  7.17  jurisdiction over criminal justice funding on the grants awarded 
  7.18  to local law enforcement agencies participating in the racial 
  7.19  profiling study. 
  7.20     (b) By June 30, 2002, the commissioner of public safety and 
  7.21  the consultant shall provide a joint interim report to the house 
  7.22  and senate committees with jurisdiction over criminal justice 
  7.23  policy and funding issues.  This report shall summarize the 
  7.24  status of the study.  By June 30, 2003, the commissioner and 
  7.25  consultant shall provide a final report to the house and senate 
  7.26  committees with jurisdiction over criminal justice policy and 
  7.27  funding issues.  This report shall contain a complete 
  7.28  presentation of the study's findings. 
  7.29     Sec. 8.  [APPROPRIATIONS.] 
  7.30     Subdivision 1.  [COMMISSIONER OF PUBLIC SAFETY.] $1,150,000 
  7.31  is appropriated from the general fund to the commissioner of 
  7.32  public safety.  Of this appropriation: 
  7.33     (1) $75,000 is for a grant for a consultant to perform the 
  7.34  responsibilities set forth in section 4; 
  7.35     (2) $750,000 is for grants to local law enforcement 
  7.36  agencies that participate in the study; 
  8.1      (3) $100,000 is to acquire and maintain the data imaging 
  8.2   equipment, hardware, and software necessary to create an 
  8.3   electronic database that stores the information submitted on 
  8.4   data collection forms and for supplies; and 
  8.5      (4) $225,000 is for clerical and information systems staff. 
  8.6      This appropriation is available for the biennium ending 
  8.7   June 30, 2003, and may not be used for any purposes other than 
  8.8   the purposes specified in this subdivision. 
  8.9      Subd. 2.  [BUREAU OF CRIMINAL APPREHENSION.] $50,000 is 
  8.10  appropriated from the general fund to the superintendent of the 
  8.11  bureau of criminal apprehension to: 
  8.12     (1) collaborate with the board of peace officer standards 
  8.13  and training to conduct the statewide conference described in 
  8.14  section 5; and 
  8.15     (2) conduct the regional seminars described in section 6. 
  8.16     This appropriation is available for the biennium ending 
  8.17  June 30, 2003, and may not be used for any purposes other than 
  8.18  the purposes specified in this subdivision.  
  8.19     Subd. 3.  [STATE PATROL.] $75,000 is appropriated to the 
  8.20  state patrol for its costs in implementing and administering a 
  8.21  racial profiling study.  This appropriation is available only if 
  8.22  the state patrol participates in the study.  The state patrol 
  8.23  must follow the guidelines and procedures established by the 
  8.24  commissioner of public safety for the study.  This appropriation 
  8.25  is available for the biennium ending June 30, 2003, and may not 
  8.26  be used for any purposes other than the purposes specified in 
  8.27  this subdivision.  
  8.28     Subd. 4.  [METROPOLITAN COUNCIL.] $30,000 is appropriated 
  8.29  to the metropolitan council for the metropolitan transit police, 
  8.30  under Minnesota Statutes, section 473.407, for its cost in 
  8.31  implementing and administering a racial profiling study.  This 
  8.32  appropriation is available only if the metropolitan transit 
  8.33  police participate in the study.  The metropolitan transit 
  8.34  police must follow the guidelines and procedures established by 
  8.35  the commissioner of public safety for the study.  This 
  8.36  appropriation is available for the biennium ending June 30, 
  9.1   2003, and may not be used for any purposes other than the 
  9.2   purposes specified in this subdivision.  
  9.3      Sec. 9.  [EFFECTIVE DATE.] 
  9.4      Sections 1 to 8 are effective July 1, 2001.