as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; establishing the crimes 1.3 of official deprivation of civil rights and pattern of 1.4 official misconduct; prohibiting racial profiling by 1.5 law enforcement; requiring the collection and analysis 1.6 of data and the adoption of policies on racial 1.7 profiling; requiring that certain information be 1.8 provided to motorists involved in a traffic stop; 1.9 requiring law enforcement training in eliminating 1.10 racial profiling; providing that certain windshield 1.11 violations are not primary offenses; creating an 1.12 advisory committee; requiring reports; appropriating 1.13 money; amending Minnesota Statutes 2002, section 1.14 626.9517; Minnesota Statutes 2003 Supplement, section 1.15 13.871, subdivision 6; proposing coding for new law in 1.16 Minnesota Statutes, chapters 609; 626; repealing 1.17 Minnesota Statutes 2002, sections 626.951; 626.9513. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 Section 1. Minnesota Statutes 2003 Supplement, section 1.20 13.871, subdivision 6, is amended to read: 1.21 Subd. 6. [TRAINING; INVESTIGATION; APPREHENSION; REPORTS.] 1.22 (a) [REPORTS OF GUNSHOT WOUNDS.] Disclosure of the name of 1.23 a person making a report under section 626.52, subdivision 2, is 1.24 governed by section 626.53. 1.25 (b) [CHILD ABUSE REPORT RECORDS.] Data contained in child 1.26 abuse report records are classified under section 626.556. 1.27 (c) [INTERSTATE DATA EXCHANGE.] Disclosure of child abuse 1.28 reports to agencies of another state is classified under section 1.29 626.556, subdivision 10g. 1.30 (d) [RELEASE TO FAMILY COURT SERVICES.] Release of child 1.31 abuse data to a court services agency is authorized under 2.1 section 626.556, subdivision 10h. 2.2 (e) [RELEASE OF DATA TO MANDATED REPORTERS.] Release of 2.3 child abuse data to mandated reporters who have an ongoing 2.4 responsibility for the health, education, or welfare of a child 2.5 affected by the data is authorized under section 626.556, 2.6 subdivision 10j. 2.7 (f) [RELEASE OF CHILD ABUSE INVESTIGATIVE RECORDS TO OTHER 2.8 COUNTIES.] Release of child abuse investigative records to local 2.9 welfare agencies is authorized under section 626.556, 2.10 subdivision 10k. 2.11 (g) [CLASSIFYING AND SHARING RECORDS AND REPORTS OF CHILD 2.12 ABUSE.] The classification of child abuse data and the sharing 2.13 of records and reports of child abuse by and between local 2.14 welfare agencies and law enforcement agencies are governed under 2.15 section 626.556, subdivision 11. 2.16 (h) [DISCLOSURE OF INFORMATION NOT REQUIRED IN CERTAIN 2.17 CASES.] Disclosure of certain data obtained from interviewing a 2.18 minor is governed by section 626.556, subdivision 11a. 2.19 (i) [DATA RECEIVED FROM LAW ENFORCEMENT.] Classifying 2.20 child abuse data received by certain agencies from law 2.21 enforcement agencies is governed under section 626.556, 2.22 subdivision 11b. 2.23 (j) [DISCLOSURE IN CHILD FATALITY CASES.] Disclosure of 2.24 information relating to a child fatality is governed under 2.25 section 626.556, subdivision 11d. 2.26 (k) [REPORTS OF ALCOHOL ABUSE.] Data on persons making 2.27 reports under section 626.5563 are classified under section 2.28 626.5563, subdivision 5. 2.29 (l) [VULNERABLE ADULT REPORT RECORDS.] Data contained in 2.30 vulnerable adult report records are classified under section 2.31 626.557, subdivision 12b. 2.32 (m) [ADULT PROTECTION TEAM INFORMATION SHARING.] Sharing 2.33 of local welfare agency vulnerable adult data with a protection 2.34 team is governed by section 626.5571, subdivision 3. 2.35 (n) [CHILD PROTECTION TEAM.] Data acquired by a case 2.36 consultation committee or subcommittee of a child protection 3.1 team are classified by section 626.558, subdivision 3. 3.2 (o) [CHILD MALTREATMENT REPORTS PEER REVIEW PANEL.] 3.3 Sharing data of cases reviewed by the panel is governed under 3.4 section 626.5593, subdivision 2. 3.5 (p) [PEACE OFFICER DISCIPLINE PROCEDURES.] Access by an 3.6 officer under investigation to the investigating agency's 3.7 investigative report on the officer is governed by section 3.8 626.89, subdivision 6. 3.9 (q) [RACIAL PROFILING STUDY DATA.] Racial profiling study 3.10 data is governed by
sectionsections 626.951 and 626.952. 3.11 Sec. 2. [609.433] [CRIME OF OFFICIAL DEPRIVATION OF CIVIL 3.12 RIGHTS.] 3.13 Subdivision 1. [ELEMENTS.] A peace officer, as defined in 3.14 section 626.84, subdivision 1, acting or purporting to act in an 3.15 official capacity commits the crime of official deprivation of 3.16 civil rights if, knowing that the conduct is unlawful and acting 3.17 with the purpose to intimidate or discriminate against an 3.18 individual or group of individuals because of race, color, 3.19 religion, gender, handicap, sexual orientation, or ethnicity, 3.20 the officer: 3.21 (1) subjects another to unlawful arrest, detention, motor 3.22 vehicle investigative stops, search, seizure, forfeiture, 3.23 impoundment, citation, or other infringement of personal or 3.24 property rights; or 3.25 (2) denies or impedes another in the lawful exercise or 3.26 enjoyment of any right, privilege, power, or immunity. 3.27 Subd. 2. [PENALTY.] (a) Except as provided in paragraphs 3.28 (b) and (c), a peace officer who violates the provisions of 3.29 subdivision 1 is guilty of a felony and may be sentenced to 3.30 imprisonment for not more than five years, or to payment of a 3.31 fine of not more than $20,000, or both. 3.32 (b) If bodily harm results from depriving a person of a 3.33 right or privilege in violation of subdivision 1, the peace 3.34 officer is guilty of a felony and may be sentenced to 3.35 imprisonment for not more than ten years, or to payment of a 3.36 fine of not more than $50,000, or both. 4.1 (c) If, during the course of violating the provisions of 4.2 this section, a peace officer commits or attempts or conspires 4.3 to commit murder, manslaughter, kidnapping, or criminal sexual 4.4 conduct in the first through fourth degree against a person 4.5 whose rights or privileges are being deprived, the peace officer 4.6 is guilty of a felony and may be sentenced to imprisonment for 4.7 not more than 20 years, or to payment of a fine of not more than 4.8 $100,000, or both. 4.9 Subd. 3. [DOUBLE JEOPARDY; LESSER INCLUDED 4.10 OFFENSE.] Notwithstanding section 609.04, a conviction for 4.11 official deprivation of civil rights under this section is not a 4.12 bar to conviction of or punishment for any other criminal 4.13 offense that constitutes part of the elements of the offense of 4.14 official deprivation of civil rights. The court must impose 4.15 separate sentences for each violation of this section and for 4.16 each violation of any other criminal offense. 4.17 Subd. 4. [INFERENCE OF KNOWLEDGE THAT CONDUCT WAS 4.18 UNLAWFUL.] It may be inferred that a peace officer knew the 4.19 officer's conduct was unlawful if the officer: 4.20 (1) made a false material statement regarding the incident; 4.21 (2) prepared a false report; or 4.22 (3) failed to prepare a report concerning the incident, if 4.23 the agency that employs the officer, the attorney general, or 4.24 the county attorney required a report to be prepared. 4.25 Subd. 5. [UNLAWFUL ACTS.] For purposes of this section, an 4.26 act is unlawful if it violates the Constitution of the United 4.27 States or the constitution of this state, or if it constitutes a 4.28 criminal offense under the laws of this state. 4.29 [EFFECTIVE DATE.] This section is effective August 1, 2004, 4.30 and applies to crimes committed on or after that date. 4.31 Sec. 3. [609.434] [CRIME OF PATTERN OF OFFICIAL 4.32 MISCONDUCT.] 4.33 Subdivision 1. [ELEMENTS.] A peace officer, as defined in 4.34 section 626.84, subdivision 1, commits the crime of pattern of 4.35 official misconduct if the officer commits two or more acts that 4.36 violate the provisions of section 609.433. It shall not be a 5.1 defense that the violations were not part of a common plan or 5.2 scheme, or did not have similar methods of commission. 5.3 Subd. 2. [PENALTY.] (a) Except as provided in paragraph 5.4 (b), a peace officer who violates the provisions of subdivision 5.5 1 is guilty of a felony and may be sentenced to imprisonment for 5.6 not more than ten years, or to payment of a fine of not more 5.7 than $50,000, or both. 5.8 (b) A peace officer who violates the provisions of 5.9 subdivision 1 is guilty of a felony and may be sentenced to 5.10 imprisonment for not more than 20 years, or to payment of a fine 5.11 of not more than $100,000, or both, if one of the acts committed 5.12 by the officer is a violation of section 609.433, subdivision 2, 5.13 paragraph (b) or (c). 5.14 Subd. 3. [DOUBLE JEOPARDY; LESSER INCLUDED 5.15 OFFENSE.] Notwithstanding section 609.04, a conviction for 5.16 pattern of official misconduct under this section is not a bar 5.17 to conviction of or punishment for any other criminal offense 5.18 that constitutes part of the elements of the offense of pattern 5.19 of official misconduct, except for violations of section 5.20 609.433. The court must impose separate sentences for each 5.21 violation of this section and for each violation of any other 5.22 criminal offense. 5.23 [EFFECTIVE DATE.] This section is effective August 1, 2004, 5.24 and applies to crimes committed on or after that date. 5.25 Sec. 4. Minnesota Statutes 2002, section 626.9517, is 5.26 amended to read: 5.27 626.9517 [GRANT PROGRAM FOR INSTALLATION OF VIDEO CAMERAS 5.28 IN POLICE VEHICLES.] 5.29 Subdivision 1. [ GRANTS;CAMERAS DESCRIBED.] The5.30 commissioner of public safety shall make grants to law5.31 enforcement agencies participating in the racial profiling study5.32 described in section 626.951 for the purchase, installation, and5.33 maintenance of video cameras on police vehicles designed to5.34 record traffic stops.A video camera installed pursuant to a 5.35 grant under this sectionauthorized by Laws 2001, First Special 5.36 Session chapter 8, article 7, must: 6.1 (1) be automatically activated during every traffic stop; 6.2 (2) contain an audio feature; and 6.3 (3) be designed and installed so as to record the stop in 6.4 its entirety. 6.5 Cameras may not be equipped with manual shut-off switches 6.6 and must be activated for the entirety of a traffic stop. 6.7 Subd. 2. [STORAGE OF VIDEO.] Notwithstanding section 6.8 138.163 or 138.17, chief law enforcement officers of agencies 6.9 receiving grants under this sectionthat received grants 6.10 authorized by Laws 2001, First Special Session chapter 8, 6.11 article 7, for video cameras in police vehicles shall ensure 6.12 that the videotape or disk from the camera be stored for a 6.13 minimum of 60 days after use. If the chief law enforcement 6.14 officer has not been instructed by the board or the attorney 6.15 general to maintain the tape or disk beyond that period, the 6.16 chief law enforcement officer may reuse it. Tapes and disks 6.17 must be stored and maintained under this subdivision in an 6.18 accessible manner. The tapes and disks must be clearly labeled 6.19 and ordered. 6.20 Subd. 3. [AVAILABILITY OF VIDEOTAPE.] A chief law 6.21 enforcement officer shall provide a copy of a videotape or disk 6.22 that recorded a traffic stop to the driver of the stopped 6.23 vehicle upon the driver's request and at the driver's expense if 6.24 the tape or disk has not yet been reused. 6.25 Sec. 5. [626.952] [DEFINITIONS.] 6.26 As used in sections 626.9521 to 626.9523, the following 6.27 terms have the meanings given. 6.28 (a) "Board" means the Board of Peace Officer Standards and 6.29 Training. 6.30 (b) "Law enforcement agency" has the meaning given in 6.31 section 626.84. 6.32 (c) "Law enforcement officer" includes all officers of a 6.33 law enforcement agency. 6.34 (d) "Pretextual stop" means any traffic stop that is not 6.35 motivated by a desire to enforce the traffic laws but that is 6.36 used as a pretext to question the driver or secure authority to 7.1 search the driver or the vehicle for reasons unrelated to the 7.2 alleged purpose of the stop. 7.3 (e) "Race-based traffic stop" means any traffic stop that 7.4 involves racial profiling. 7.5 (f) "Racial profiling" has the meaning given in section 7.6 626.8471, subdivision 2. 7.7 (g) "Traffic stop" means any time a law enforcement officer: 7.8 (1) causes the operator of a motor vehicle being operated 7.9 on any street or highway in the state to stop the motor vehicle; 7.10 or 7.11 (2) detains an occupied motor vehicle that is already 7.12 stopped in any public or private place. 7.13 Traffic stop does not include a checkpoint or roadblock 7.14 stop, or a stop of multiple vehicles due to a traffic accident 7.15 or emergency situation. 7.16 Sec. 6. [626.9521] [OUTSIDE EXPERT.] 7.17 The attorney general shall procure the services of an 7.18 organization, university, independent research facility, 7.19 company, person, or other entity with sufficient expertise in 7.20 the field of statistics to assist with the implementation of 7.21 sections 626.9521 to 626.9523. In addition to other duties, 7.22 this outside expert shall assist the attorney general with the 7.23 design of the methodology for gathering statistics, monitor 7.24 compliance with sections 626.9521 to 626.9523, and conduct 7.25 statistical analyses pursuant to section 626.9522, subdivision 5. 7.26 Sec. 7. [626.9522] [COLLECTION AND ANALYSIS OF TRAFFIC 7.27 STOP STATISTICS; REPORT REQUIRED.] 7.28 Subdivision 1. [DUTY OF LAW ENFORCEMENT OFFICERS TO RECORD 7.29 INFORMATION.] A law enforcement officer who conducts a traffic 7.30 stop shall record and forward the following data to the agency's 7.31 chief law enforcement officer: 7.32 (1) the date and time of the stop; 7.33 (2) the location of the stop; 7.34 (3) the traffic violation or reason that led to the stop; 7.35 (4) the date of birth, race, and gender of the driver; 7.36 (5) the driver's license number of the driver of the 8.1 vehicle; 8.2 (6) the year and make of the vehicle; 8.3 (7) the vehicle's license plate number; 8.4 (8) the number of passengers in the vehicle and their race; 8.5 (9) whether the driver was asked to exit the vehicle; 8.6 (10) whether a search was conducted of the driver, 8.7 passengers, or vehicle; 8.8 (11) the authority for the search: consent or probable 8.9 cause; 8.10 (12) whether the driver and passengers were advised of 8.11 their constitutional rights under the Fourth Amendment to be 8.12 free from unreasonable search and seizure; 8.13 (13) whether any contraband was discovered or seized in the 8.14 course of the search and the nature of the contraband; 8.15 (14) whether the officer encountered any resistance or used 8.16 force during the stop; 8.17 (15) whether any injuries resulted from the stop; 8.18 (16) the duration of the stop; 8.19 (17) the outcome of the stop: release, warning, violation, 8.20 arrest, or charge; and 8.21 (18) the officer's badge number. 8.22 Subd. 2. [DUTY OF LAW ENFORCEMENT OFFICERS TO PROVIDE 8.23 INFORMATION TO DRIVER OF VEHICLE.] A law enforcement officer who 8.24 conducts a traffic stop shall immediately issue a form letter to 8.25 the driver of the vehicle that: 8.26 (1) indicates that proactive traffic enforcement must be 8.27 conducted in full compliance with constitutional and statutory 8.28 safeguards to preserve the rights of citizens; 8.29 (2) details the procedure to file a complaint if the driver 8.30 of the vehicle believes that the driver has been mistreated or 8.31 has been treated in a biased manner; and 8.32 (3) provides the law enforcement officer's name, badge 8.33 number, and employer. 8.34 Subd. 3. [SUBMISSION TO ATTORNEY GENERAL.] By the 15th of 8.35 each month, a law enforcement agency shall submit to the 8.36 attorney general: 9.1 (1) copies of the reports required in subdivision 1 for the 9.2 preceding calendar month; 9.3 (2) copies of each complaint received under subdivision 2; 9.4 and 9.5 (3) written notification of the review and disposition of 9.6 complaints received under subdivision 2. 9.7 Subd. 4. [MONITORING AND COMPLIANCE.] The attorney 9.8 general, in consultation with the outside expert, shall devise 9.9 and implement an auditing system of periodic, unannounced spot 9.10 checks to ensure that all law enforcement agencies and their 9.11 officers are accurately collecting the data required by this 9.12 section. 9.13 Subd. 5. [ANALYSIS OF DATA.] (a) The attorney general 9.14 shall submit the reports described in subdivision 3, clause (1), 9.15 to the outside expert for analysis. 9.16 (b) The outside expert shall analyze the reports and 9.17 determine on a quarterly basis, both for the state as a whole, 9.18 and for each law enforcement agency: 9.19 (1) whether the number of traffic stops and searches of 9.20 motor vehicles operated or occupied by members of a minority 9.21 racial or ethnic group compared with the number of traffic stops 9.22 and searches of motor vehicles operated or occupied by 9.23 Caucasians is disproportionate based on an estimate of the 9.24 benchmarks of racial composition, age, gender, and spacial 9.25 location of drivers in each law enforcement district; 9.26 (2) whether, using the same benchmarks, a disparity exists 9.27 between members of a minority racial or ethnic group and 9.28 Caucasians in terms of the justification given for the stop, 9.29 whether the drivers or passengers were asked to exit the car; 9.30 the extent to which they were advised of their constitutional 9.31 rights to be free from unreasonable search and seizure; the 9.32 outcome of the search; whether any resistance, force, or 9.33 injuries resulted; the duration of the stop; and the outcome of 9.34 the stop; and 9.35 (3) accurate conclusions from the data, including: 9.36 (i) whether racial profiling is used by law enforcement 10.1 agencies to identify motorists for traffic stops; and 10.2 (ii) a statement as to the benefit of traffic stops with 10.3 regard to the interdiction of drugs and proceeds of drug 10.4 trafficking, including the approximate quantity and street value 10.5 of seized drugs and the value of drug trafficking proceeds. 10.6 Subd. 6. [SUBMISSION TO ATTORNEY GENERAL.] The outside 10.7 expert shall submit the results of the analysis required in 10.8 subdivision 5 at the end of each quarter to the attorney general. 10.9 Subd. 7. [REPORT REQUIRED; DATA CLASSIFICATION.] (a) Each 10.10 year the attorney general, with the advice of the outside 10.11 expert, shall prepare a summary report of the quarterly data and 10.12 the analysis of that data. By February 15 each year, the 10.13 attorney general shall submit this report to the governor and 10.14 the legislature and release it to the public. 10.15 (b) Data collected under this section that are on the law 10.16 enforcement officer who makes a stop or the individual who is 10.17 the subject of the stop are private data on individuals, as 10.18 defined in section 13.02. Other data collected or generated 10.19 under this section are public data. 10.20 Subd. 8. [DURATION.] Data shall be collected and analyzed 10.21 beginning January 1, 2005, and shall continue until December 31, 10.22 2010. 10.23 Sec. 8. [626.9523] [MANDATED IMPROVEMENT PLANS; 10.24 NOTIFICATION; MODEL PLAN.] 10.25 Subdivision 1. [IMPROVEMENT PLANS.] When data indicates 10.26 that a law enforcement agency has made a disproportionate number 10.27 of stops involving racial minorities, the law enforcement agency 10.28 must adopt and implement an improvement plan within six months 10.29 of notification by the attorney general. Before a law 10.30 enforcement agency implements an improvement plan, the attorney 10.31 general must approve the plan. 10.32 Subd. 2. [CRITERIA.] By January 1, 2005, the attorney 10.33 general, in consultation with the outside expert, shall 10.34 establish the statistical criteria for determining when a law 10.35 enforcement agency must implement an improvement plan. 10.36 Subd. 3. [MODEL PLAN.] By January 1, 2005, the board, in 11.1 consultation with the Minnesota Peace Officers Association and 11.2 the Minnesota Sheriffs Association, shall draft a model 11.3 improvement plan. At the time of notification, the attorney 11.4 general must provide a copy of the board's model plan to all law 11.5 enforcement agencies that are required to implement an 11.6 improvement plan. 11.7 Sec. 9. [STANDARDIZED FORM.] 11.8 By August 15, 2004, the attorney general shall develop and 11.9 distribute to law enforcement agencies a standardized form that 11.10 law enforcement officers may use to record the information 11.11 detailed in Minnesota Statutes, section 626.9522, subdivision 1. 11.12 Sec. 10. [PUNISHING THE DEPRIVATION OF CIVIL RIGHTS BY 11.13 PUBLIC OFFICIALS BY RACIAL PROFILING.] 11.14 The legislature finds that public confidence in the 11.15 institutions of government is undermined when an official 11.16 engages in any form of misconduct involving the official's 11.17 office. Such misconduct, and the corresponding damage to the 11.18 public confidence, impairs the ability of government to function 11.19 properly, fosters mistrust, and engenders disrespect for 11.20 government and public servants. A particular concern arises 11.21 when a law enforcement official, duly entrusted to protect the 11.22 public safety and impartially enforce the laws, abuses that 11.23 trust by unlawfully depriving persons of their civil rights, 11.24 especially in the context of racial profiling. It is important 11.25 to ensure that law enforcement officers are prohibited from 11.26 using racial characteristics or color, either alone or in 11.27 conjunction with other composite characteristics, such as a 11.28 generalized vehicle description or the age of the driver or 11.29 passengers, as the basis for initiating an investigative stop. 11.30 Existing laws must be amended to provide a greater deterrent to 11.31 this type of conduct, as well as to enhance other provisions of 11.32 the law targeting official misconduct. Accordingly, it is in 11.33 the public interest to strengthen our laws that define and 11.34 punish acts of official misconduct by members of law enforcement 11.35 and other public servants. 11.36 Sec. 11. [APPROPRIATION.] 12.1 $....... is appropriated for the fiscal year ending June 12.2 30, 2005, from the general fund to the attorney general to 12.3 implement this act. 12.4 Sec. 12. [REPEALER.] 12.5 Minnesota Statutes 2002, sections 626.951 and 626.9513, are 12.6 repealed.