SF 1616

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime prevention; establishing the crimes
of official deprivation of civil rights and pattern of
official misconduct; prohibiting racial profiling by
law enforcement; requiring the collection and analysis
of data and the adoption of policies on racial
profiling; requiring that certain information be
provided to motorists involved in a traffic stop;
requiring law enforcement training in eliminating
racial profiling; requiring reports; requiring
improvement plans; appropriating money; amending
Minnesota Statutes 2004, sections 13.871, subdivision
6; 626.9517; proposing coding for new law in Minnesota
Statutes, chapters 609; 626; repealing Minnesota
Statutes 2004, sections 626.951; 626.9513.

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

Section 1.

Minnesota Statutes 2004, 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 ALCOHOL ABUSE.] Data on persons making
reports under section 626.5563 are classified under section
626.5563, subdivision 5.

(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 deleted text begin section deleted text end new text begin sections new text end 626.951 new text begin and 626.952 to
626.9523 new text end .

Sec. 2.

new text begin [609.433] CRIME OF OFFICIAL DEPRIVATION OF CIVIL
RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Elements. new text end

new text begin A peace officer, as defined in
section 626.84, subdivision 1, acting or purporting to act in an
official capacity commits the crime of official deprivation of
civil rights if, knowing that the conduct is unlawful and acting
with the purpose to intimidate or discriminate against an
individual or group of individuals because of race, color,
religion, gender, handicap, sexual orientation, or ethnicity,
the officer:
new text end

new text begin (1) subjects another to unlawful arrest, detention, motor
vehicle investigative stops, search, seizure, forfeiture,
impoundment, citation, or other infringement of personal or
property rights; or
new text end

new text begin (2) denies or impedes another in the lawful exercise or
enjoyment of any right, privilege, power, or immunity.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) Except as provided in paragraphs
(b) and (c), a peace officer who violates subdivision 1 is
guilty of a felony and may be sentenced to imprisonment for not
more than five years, or to payment of a fine of not more than
$20,000, or both.
new text end

new text begin (b) If bodily harm results from depriving a person of a
right or privilege in violation of subdivision 1, the peace
officer is guilty of a felony and may be sentenced to
imprisonment for not more than ten years, or to payment of a
fine of not more than $50,000, or both.
new text end

new text begin (c) If, during the course of violating this section, a
peace officer commits or attempts or conspires to commit murder,
manslaughter, kidnapping, or criminal sexual conduct in the
first through fourth degree against a person whose rights or
privileges are being deprived, the peace officer is guilty of a
felony and may be sentenced to imprisonment for not more than 20
years, or to payment of a fine of not more than $100,000, or
both.
new text end

new text begin Subd. 3. new text end

new text begin Double jeopardy; lesser included
offense. new text end

new text begin Notwithstanding section 609.04, a conviction for
official deprivation of civil rights under this section is not a
bar to conviction of or punishment for any other criminal
offense that constitutes part of the elements of the offense of
official deprivation of civil rights. The court must impose
separate sentences for each violation of this section and for
each violation of any other criminal offense.
new text end

new text begin Subd. 4. new text end

new text begin Inference of knowledge that conduct was
unlawful. new text end

new text begin It may be inferred that a peace officer knew the
officer's conduct was unlawful if the officer:
new text end

new text begin (1) made a false material statement regarding the incident;
new text end

new text begin (2) prepared a false report; or
new text end

new text begin (3) failed to prepare a report concerning the incident, if
the agency that employs the officer, the attorney general, or
the county attorney required a report to be prepared.
new text end

new text begin Subd. 5. new text end

new text begin Unlawful acts. new text end

new text begin For purposes of this section, an
act is unlawful if it violates the Constitution of the United
States or the Constitution of this state, or if it constitutes a
criminal offense under the laws of this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

new text begin [609.434] CRIME OF PATTERN OF OFFICIAL
MISCONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Elements. new text end

new text begin A peace officer, as defined in
section 626.84, subdivision 1, commits the crime of a pattern of
official misconduct if the officer commits two or more acts that
violate section 609.433. It shall not be a defense that the
violations were not part of a common plan or scheme, or did not
have similar methods of commission.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) Except as provided in paragraph
(b), a peace officer who violates the provisions of subdivision
1 is guilty of a felony and may be sentenced to imprisonment for
not more than ten years, or to payment of a fine of not more
than $50,000, or both.
new text end

new text begin (b) A peace officer who violates subdivision 1 is guilty of
a felony and may be sentenced to imprisonment for not more than
20 years, or to payment of a fine of not more than $100,000, or
both, if one of the acts committed by the officer is a violation
of section 609.433, subdivision 2, paragraph (b) or (c).
new text end

new text begin Subd. 3. new text end

new text begin Double jeopardy; lesser included
offense. new text end

new text begin Notwithstanding section 609.04, a conviction for a
pattern of official misconduct under this section is not a bar
to conviction of or punishment for any other criminal offense
that constitutes part of the elements of the offense of pattern
of official misconduct, except for violations of section
609.433. The court must impose separate sentences for each
violation of this section and for each violation of any other
criminal offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 626.9517, is
amended to read:

626.9517 GRANT PROGRAM FOR INSTALLATION OF VIDEO CAMERAS
IN POLICE VEHICLES.

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.

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.

Subd. 3.

Availability of videotape.

A chief law
enforcement officer shall provide a copy of a videotape or disk
that recorded a traffic stop to the driver of the stopped
vehicle upon the driver's request and at the driver's expense if
the tape or disk has not yet been reused.

Sec. 5.

new text begin [626.952] DEFINITIONS.
new text end

new text begin As used in sections 626.9521 to 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 officer of a law
enforcement agency.
new text end

new text begin (d) "Pretextual stop" means any traffic stop that is not
motivated by a desire to enforce the traffic laws but that is
used as a pretext to question the driver or secure authority to
search the driver or the vehicle for reasons unrelated to the
alleged purpose of the stop.
new text end

new text begin (e) "Race-based traffic stop" means any traffic stop that
involves racial profiling.
new text end

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

new text begin (g) "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

Sec. 6.

new text begin [626.9521] OUTSIDE EXPERT.
new text end

new text begin The attorney general shall procure the services of an
organization, university, independent research facility,
company, person, or other entity with sufficient expertise in
the field of statistics to assist with the implementation of
sections 626.9521 to 626.9523. In addition to other duties,
this outside expert shall assist the attorney general with the
design of the methodology for gathering statistics, monitor
compliance with sections 626.9521 to 626.9523, and conduct
statistical analyses pursuant to section 626.9522, subdivision 5.
new text end

Sec. 7.

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

new text begin (4) the date of birth, race, and gender of the driver;
new text end

new text begin (5) the driver's license number of the driver of the
vehicle;
new text end

new text begin (6) the year and make of the vehicle;
new text end

new text begin (7) the vehicle's license plate number;
new text end

new text begin (8) the number of passengers in the vehicle and the race of
each passenger;
new text end

new text begin (9) whether the driver was asked to exit the vehicle;
new text end

new text begin (10) whether a search was conducted of the driver,
passengers, or vehicle;
new text end

new text begin (11) the authority for the search: consent or probable
cause;
new text end

new text begin (12) whether the driver and passengers were advised of
their constitutional rights under the Fourth Amendment to be
free from unreasonable search and seizure;
new text end

new text begin (13) 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 (14) whether the officer encountered any resistance or used
force during the stop;
new text end

new text begin (15) whether any injuries resulted from the stop;
new text end

new text begin (16) the duration of the stop;
new text end

new text begin (17) the outcome of the stop: release, warning, violation,
arrest, or charge; and
new text end

new text begin (18) the officer's badge number.
new text end

new text begin Subd. 2. new text end

new text begin Duty of law enforcement officers to provide
information to driver of vehicle. new text end

new text begin A law enforcement officer who
conducts a traffic stop shall immediately issue a form letter to
the driver of the vehicle that:
new text end

new text begin (1) indicates that proactive traffic enforcement must be
conducted in full compliance with constitutional and statutory
safeguards to preserve the rights of citizens;
new text end

new text begin (2) details the procedure to file a complaint if the driver
of the vehicle believes that the driver has been mistreated or
has been treated in a biased manner; and
new text end

new text begin (3) provides the law enforcement officer's name, badge
number, and employer.
new text end

new text begin Subd. 3. new text end

new text begin Submission to attorney general. new text end

new text begin By the 15th of
each month, a law enforcement agency shall submit to the
attorney general:
new text end

new text begin (1) copies of the reports required in subdivision 1 for the
preceding calendar month;
new text end

new text begin (2) copies of each complaint received under subdivision 2;
and
new text end

new text begin (3) written notification of the review and disposition of
complaints received under subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Monitoring and compliance. new text end

new text begin The attorney
general, in consultation with the outside expert, shall devise
and implement an auditing system of periodic, 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. 5. new text end

new text begin Analysis of data. new text end

new text begin (a) The attorney general
shall submit the reports described in subdivision 3, clause (1),
to the outside expert for analysis.
new text end

new text begin (b) The outside expert shall analyze the reports and
determine on a quarterly basis, both for the state as a whole
and for each law enforcement agency:
new text end

new text begin (1) whether the number of traffic stops and searches of
motor vehicles operated or occupied by members of a minority
racial or ethnic group compared with the number of traffic stops
and searches of motor vehicles operated or occupied by
Caucasians is disproportionate based on an estimate of the
benchmarks of racial composition, age, gender, and spacial
location of drivers in each law enforcement district;
new text end

new text begin (2) whether, using the same benchmarks, a disparity exists
between members of a minority racial or ethnic group and
Caucasians in terms of the justification given for the stop,
whether the drivers or passengers were asked to exit the car;
the extent to which they were advised of their constitutional
rights to be free from unreasonable search and seizure; the
outcome of the search; whether any resistance, force, or
injuries resulted; the duration of the stop; and the outcome of
the stop; and
new text end

new text begin (3) accurate conclusions from the data, including:
new text end

new text begin (i) whether racial profiling is used by law enforcement
agencies to identify motorists for traffic stops; and
new text end

new text begin (ii) a statement as to the benefit of traffic stops with
regard to the interdiction of drugs and proceeds of drug
trafficking, including the approximate quantity and street value
of seized drugs and the value of drug trafficking proceeds.
new text end

new text begin Subd. 6. new text end

new text begin Submission to attorney general. new text end

new text begin The outside
expert shall submit the results of the analysis required in
subdivision 5 at the end of each quarter to the attorney general.
new text end

new text begin Subd. 7. new text end

new text begin Report required; data classification. new text end

new text begin (a) Each
year the attorney general, with the advice of the outside
expert, shall prepare a summary report of the quarterly data and
the analysis of that data. By February 15 of each year, the
attorney general shall submit the report to the governor and the
legislature and release it to the public.
new text end

new text begin (b) 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. 8. new text end

new text begin Duration. new text end

new text begin Data shall be collected and analyzed
beginning January 1, 2006, and shall continue until December 31,
2011.
new text end

Sec. 8.

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
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 attorney general. Before a law
enforcement agency implements an improvement plan, the attorney
general 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, 2006, the attorney
general, in consultation with the outside expert, shall
establish the statistical criteria for determining when a law
enforcement agency must implement an improvement plan.
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, 2006, the board, in
consultation with the Minnesota Peace Officers Association and
the Minnesota Sheriffs Association, shall draft a model
improvement plan. At the time of notification, the attorney
general must provide a copy of the board's model plan to all law
enforcement agencies that are required to implement an
improvement plan.
new text end

Sec. 9. new text begin STANDARDIZED FORM.
new text end

new text begin By August 15, 2005, the attorney general shall develop and
distribute to law enforcement agencies a standardized form that
law enforcement officers may use to record the information
detailed in Minnesota Statutes, section 626.9522, subdivision 1.
new text end

Sec. 10. new text begin PUNISHING THE DEPRIVATION OF CIVIL RIGHTS BY
PUBLIC OFFICIALS BY RACIAL PROFILING.
new text end

new text begin The legislature finds that public confidence in the
institutions of government is undermined when an official
engages in any form of misconduct involving the official's
office. Such misconduct, and the corresponding damage to the
public confidence, impairs the ability of government to function
properly, fosters mistrust, and engenders disrespect for
government and public servants. A particular concern arises
when a law enforcement official, duly entrusted to protect the
public safety and impartially enforce the laws, abuses that
trust by unlawfully depriving persons of their civil rights,
especially in the context of racial profiling. It is important
to ensure that law enforcement officers are prohibited from
using racial characteristics or color, either alone or in
conjunction with other composite characteristics, such as a
generalized vehicle description or the age of the driver or
passengers, as the basis for initiating an investigative stop.
Existing laws must be amended to provide a greater deterrent to
this type of conduct, as well as to enhance other provisions of
the law targeting official misconduct. Accordingly, it is in
the public interest to strengthen laws that define and punish
acts of official misconduct by members of law enforcement and
other public servants.
new text end

Sec. 11. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated for the fiscal year ending June
30, 2006, from the general fund to the attorney general to
implement this act.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 626.951 and 626.9513, are
repealed.
new text end