1.1 	A bill for an act
1.2 	relating to public safety; requiring the collection and analysis of data and the 
1.3 	adoption of policies on racial profiling; requiring that certain information be 
1.4 	provided to motorists involved in a traffic stop; requiring law enforcement 
1.5 	training in eliminating racial profiling; requiring reports; requiring improvement 
1.6 	plans; appropriating money;amending Minnesota Statutes 2006, sections 
1.7 	13.871, subdivision 6; 626.9517, subdivisions 1, 2; proposing coding for new 
1.8 	law in Minnesota Statutes, chapter 626; repealing Minnesota Statutes 2006, 
1.9 	section 626.951.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2006, section 13.871, subdivision 6, is amended to read:
1.12 		Subd. 6.Training; investigation; apprehension; reports. (a) Reports of gunshot 
1.13 	wounds. Disclosure of the name of a person making a report under section 626.52, 
1.14 	subdivision 2, is governed by section 626.53.
1.15 	(b) Child abuse report records. Data contained in child abuse report records are 
1.16 	classified under section 626.556.
1.17 	(c) Interstate data exchange. Disclosure of child abuse reports to agencies of 
1.18 	another state is classified under section 626.556, subdivision 10g.
1.19 	(d) Release to family court services. Release of child abuse data to a court services 
1.20 	agency is authorized under section 626.556, subdivision 10h.
1.21 	(e) Release of data to mandated reporters. Release of child abuse data to mandated 
1.22 	reporters who have an ongoing responsibility for the health, education, or welfare of a 
1.23 	child affected by the data is authorized under section 626.556, subdivision 10j.
1.24 	(f) Release of child abuse investigative records to other counties. Release of 
1.25 	child abuse investigative records to local welfare agencies is authorized under section 
1.26 	626.556, subdivision 10k.
2.1 	(g) Classifying and sharing records and reports of child abuse. The classification 
2.2 	of child abuse data and the sharing of records and reports of child abuse by and between 
2.3 	local welfare agencies and law enforcement agencies are governed under section 626.556, 
2.4 	subdivision 11.
2.5 	(h) Disclosure of information not required in certain cases. Disclosure of certain 
2.6 	data obtained from interviewing a minor is governed by section 626.556, subdivision 11a.
2.7 	(i) Data received from law enforcement. Classifying child abuse data received 
2.8 	by certain agencies from law enforcement agencies is governed under section 626.556, 
2.9 	subdivision 11b.
2.10 	(j) Disclosure in child fatality cases. Disclosure of information relating to a child 
2.11 	fatality is governed under section 626.556, subdivision 11d. 
2.12 	(k) Reports of alcohol abuse. Data on persons making reports under section 
2.13 	626.5563 are classified under section 626.5563, subdivision 5.
2.14 	(l) Vulnerable adult report records. Data contained in vulnerable adult report 
2.15 	records are classified under section 626.557, subdivision 12b.
2.16 	(m) Adult protection team information sharing. Sharing of local welfare agency 
2.17 	vulnerable adult data with a protection team is governed by section 626.5571, subdivision 
2.18 	3.
2.19 	(n) Child protection team. Data acquired by a case consultation committee or 
2.20 	subcommittee of a child protection team are classified by section 626.558, subdivision 3.
2.21 	(o) Child maltreatment reports peer review panel. Sharing data of cases reviewed 
2.22 	by the panel is governed under section 626.5593, subdivision 2.
2.23 	(p) Peace officer discipline procedures. Access by an officer under investigation 
2.24 	to the investigating agency's investigative report on the officer is governed by section 
2.25 	626.89, subdivision 6.
2.26 	(q) Racial profiling study data. Racial profiling study data is governed by section 
2.27 	626.951 626.9522, subdivision 7.

2.28 	EFFECTIVE DATE. This section is effective July 1, 2008.

2.29 	Sec. 2. Minnesota Statutes 2006, section 626.9517, subdivision 1, is amended to read:
2.30 		Subdivision 1.Grants; Cameras described. The commissioner of public safety 
2.31 	shall make grants to law enforcement agencies participating in the racial profiling study 
2.32 	described in section 626.951 for the purchase, installation, and maintenance of video 
2.33 	cameras on police vehicles designed to record traffic stops. A video camera installed 
2.34 	pursuant to a grant under this sectionauthorized by Laws 2001, First Special Session 
2.35 	chapter 8, article 7, must:
3.1 	(1) be automatically activated during every traffic stop;
3.2 	(2) contain an audio feature; and
3.3 	(3) be designed and installed so as to record the stop in its entirety.
3.4 	Cameras may not be equipped with manual shut-off switches and must be activated 
3.5 	for the entirety of a traffic stop.

3.6 	EFFECTIVE DATE. This section is effective July 1, 2008.

3.7 	Sec. 3. Minnesota Statutes 2006, section 626.9517, subdivision 2, is amended to read:
3.8 		Subd. 2.Storage of video. Notwithstanding section 138.163 or 138.17, chief law 
3.9 	enforcement officers of agencies receiving grants under this sectionthat received grants 
3.10 	authorized by Laws 2001, First Special Session chapter 8, article 7, for video cameras 
3.11 	in police vehicles shall ensure that the videotape or disk from the camera be stored 
3.12 	for a minimum of 60 days after use. If the chief law enforcement officer has not been 
3.13 	instructed by the board or the attorney general to maintain the tape or disk beyond that 
3.14 	period, the chief law enforcement officer may reuse it. Tapes and disks must be stored 
3.15 	and maintained under this subdivision in an accessible manner. The tapes and disks must 
3.16 	be clearly labeled and ordered.

3.17 	EFFECTIVE DATE. This section is effective July 1, 2008.

3.18 	Sec. 4. [626.952] DEFINITIONS.
3.19 	As used in sections 626.9521 to 626.9523, the following terms have the meanings 
3.20 	given.
3.21 	(a) "Board" means the Board of Peace Officer Standards and Training.
3.22 	(b) "Law enforcement agency" has the meaning given in section 626.84.
3.23 	(c) "Law enforcement officer" means any officer of a law enforcement agency.
3.24 	(d) "Pretextual stop" means any traffic stop that is not motivated by a desire to 
3.25 	enforce the traffic laws but that is used as a pretext to question the driver or secure authority 
3.26 	to search the driver or the vehicle for reasons unrelated to the alleged purpose of the stop.
3.27 	(e) "Race-based traffic stop" means any traffic stop that involves racial profiling.
3.28 	(f) "Racial profiling" has the meaning given in section 626.8471, subdivision 2.
3.29 	(g) "Traffic stop" means any time a law enforcement officer:
3.30 	(1) causes the operator of a motor vehicle being operated on any street or highway 
3.31 	in the state to stop the motor vehicle; or
3.32 	(2) detains an occupied motor vehicle that is already stopped in any public or 
3.33 	private place.
4.1 	Traffic stop does not include a checkpoint or roadblock stop, or a stop of multiple vehicles 
4.2 	due to a traffic accident or emergency situation.

4.3 	EFFECTIVE DATE. This section is effective July 1, 2008.

4.4 	Sec. 5. [626.9521] OUTSIDE EXPERT.
4.5 	The attorney general shall procure the services of an organization, university, 
4.6 	independent research facility, company, person, or other entity with sufficient expertise in 
4.7 	the field of statistics to assist with the implementation of sections 626.9521 to 626.9523. In 
4.8 	addition to other duties, this outside expert shall assist the attorney general with the design 
4.9 	of the methodology for gathering statistics, monitor compliance with sections 626.9521 to 
4.10 	626.9523, and conduct statistical analyses under section 626.9522, subdivision 5.

4.11 	EFFECTIVE DATE. This section is effective July 1, 2008.

4.12 	Sec. 6. [626.9522] COLLECTION AND ANALYSIS OF TRAFFIC STOP 
4.13 	STATISTICS; REPORT REQUIRED.
4.14 		Subdivision 1.Duty of law enforcement officers to record information. A law 
4.15 	enforcement officer who conducts a traffic stop shall record and forward the following 
4.16 	data to the agency's chief law enforcement officer:
4.17 	(1) the date and time of the stop;
4.18 	(2) the location of the stop;
4.19 	(3) the traffic violation or reason that led to the stop;
4.20 	(4) the date of birth, race, and gender of the driver;
4.21 	(5) the driver's license number of the driver of the vehicle;
4.22 	(6) the year and make of the vehicle;
4.23 	(7) the vehicle's license plate number;
4.24 	(8) the number of passengers in the vehicle and the race of each passenger;
4.25 	(9) whether the driver was asked to exit the vehicle;
4.26 	(10) whether a search was conducted of the driver, passengers, or vehicle;
4.27 	(11) the authority for the search: consent or probable cause;
4.28 	(12) whether the driver and passengers were advised of their constitutional rights 
4.29 	under the Fourth Amendment to be free from unreasonable search and seizure;
4.30 	(13) whether any contraband was discovered or seized in the course of the search 
4.31 	and the nature of the contraband;
4.32 	(14) whether the officer encountered any resistance or used force during the stop;
4.33 	(15) whether any injuries resulted from the stop;
5.1 	(16) the duration of the stop;
5.2 	(17) the outcome of the stop: release, warning, violation, arrest, or charge; and
5.3 	(18) the officer's badge number.
5.4 		Subd. 2.Duty of law enforcement officers to provide information to driver of 
5.5 	vehicle. A law enforcement officer who conducts a traffic stop shall immediately issue a 
5.6 	form letter to the driver of the vehicle that:
5.7 	(1) indicates that proactive traffic enforcement must be conducted in full compliance 
5.8 	with constitutional and statutory safeguards to preserve the rights of citizens;
5.9 	(2) details the procedure to file a complaint if the driver of the vehicle believes that 
5.10 	the driver has been mistreated or has been treated in a biased manner; and
5.11 	(3) provides the law enforcement officer's name, badge number, and employer.
5.12 		Subd. 3.Submission to attorney general. By the 15th of each month, a law 
5.13 	enforcement agency shall submit to the attorney general:
5.14 	(1) copies of the reports required in subdivision 1 for the preceding calendar month;
5.15 	(2) copies of each complaint received under subdivision 2; and
5.16 	(3) written notification of the review and disposition of complaints received under 
5.17 	subdivision 2.
5.18 		Subd. 4.Monitoring and compliance. The attorney general, in consultation 
5.19 	with the outside expert, shall devise and implement an auditing system of periodic, 
5.20 	unannounced spot checks to ensure that all law enforcement agencies and their officers 
5.21 	are accurately collecting the data required by this section.
5.22 		Subd. 5.Analysis of data. (a) The attorney general shall submit the reports 
5.23 	described in subdivision 3, clause (1), to the outside expert for analysis.
5.24 	(b) The outside expert shall analyze the reports and determine on a quarterly basis, 
5.25 	both for the state as a whole and for each law enforcement agency:
5.26 	(1) whether the number of traffic stops and searches of motor vehicles operated or 
5.27 	occupied by members of a minority racial or ethnic group compared with the number 
5.28 	of traffic stops and searches of motor vehicles operated or occupied by Caucasians is 
5.29 	disproportionate based on an estimate of the benchmarks of racial composition, age, 
5.30 	gender, and spacial location of drivers in each law enforcement district;
5.31 	(2) whether, using the same benchmarks, a disparity exists between members of a 
5.32 	minority racial or ethnic group and Caucasians in terms of the justification given for the 
5.33 	stop, whether the drivers or passengers were asked to exit the car; the extent to which they 
5.34 	were advised of their constitutional rights to be free from unreasonable search and seizure; 
5.35 	the outcome of the search; whether any resistance, force, or injuries resulted; the duration 
5.36 	of the stop; and the outcome of the stop; and
6.1 	(3) accurate conclusions from the data, including:
6.2 	(i) whether racial profiling is used by law enforcement agencies to identify motorists 
6.3 	for traffic stops; and
6.4 	(ii) a statement as to the benefit of traffic stops with regard to the interdiction of 
6.5 	drugs and proceeds of drug trafficking, including the approximate quantity and street value 
6.6 	of seized drugs and the value of drug trafficking proceeds.
6.7 		Subd. 6.Submission to attorney general. The outside expert shall submit the 
6.8 	results of the analysis required in subdivision 5 at the end of each quarter to the attorney 
6.9 	general.
6.10 		Subd. 7.Report required; data classification. (a) Each year the attorney general, 
6.11 	with the advice of the outside expert, shall prepare a summary report of the quarterly data 
6.12 	and the analysis of that data. By February 15 of each year, the attorney general shall 
6.13 	submit the report to the governor and the legislature and release it to the public.
6.14 	(b) Data collected under this section that are on the law enforcement officer 
6.15 	who makes a stop or the individual who is the subject of the stop are private data on 
6.16 	individuals, as defined in section 13.02. Other data collected or generated under this 
6.17 	section are public data.
6.18 		Subd. 8.Duration. Data shall be collected and analyzed beginning January 1, 2009, 
6.19 	and shall continue until December 31, 2014.

6.20 	EFFECTIVE DATE. This section is effective July 1, 2008.

6.21 	Sec. 7. [626.9523] MANDATED IMPROVEMENT PLANS; NOTIFICATION; 
6.22 	MODEL PLAN.
6.23 		Subdivision 1.Improvement plans. When data indicates that a law enforcement 
6.24 	agency has made a disproportionate number of stops involving racial minorities, the law 
6.25 	enforcement agency must adopt and implement an improvement plan within six months 
6.26 	of notification by the attorney general. Before a law enforcement agency implements an 
6.27 	improvement plan, the attorney general must approve the plan.
6.28 		Subd. 2.Criteria. By January 1, 2009, the attorney general, in consultation with 
6.29 	the outside expert, shall establish the statistical criteria for determining when a law 
6.30 	enforcement agency must implement an improvement plan.
6.31 		Subd. 3.Model plan. By January 1, 2009, the board, in consultation with the 
6.32 	Minnesota Police and Peace Officers Association and the Minnesota Sheriffs Association, 
6.33 	shall draft a model improvement plan. At the time of notification, the attorney general 
6.34 	must provide a copy of the board's model plan to all law enforcement agencies that are 
6.35 	required to implement an improvement plan.

7.1 	EFFECTIVE DATE. This section is effective July 1, 2008.

7.2 	Sec. 8. STANDARDIZED FORM.
 7.3 	By August 15, 2008, the attorney general shall develop and distribute to law 
7.4 	enforcement agencies a standardized form that law enforcement officers may use to record 
7.5 	the information detailed in Minnesota Statutes, section 626.9522, subdivision 1.

7.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.7 	Sec. 9. PUNISHING THE DEPRIVATION OF CIVIL RIGHTS BY PUBLIC 
7.8 	OFFICIALS BY RACIAL PROFILING.
 7.9 	The legislature finds that public confidence in the institutions of government is 
7.10 	undermined when an official engages in any form of misconduct involving the official's 
7.11 	office. Such misconduct, and the corresponding damage to the public confidence, impairs 
7.12 	the ability of government to function properly, fosters mistrust, and engenders disrespect 
7.13 	for government and public servants. A particular concern arises when a law enforcement 
7.14 	official, duly entrusted to protect the public safety and impartially enforce the laws, 
7.15 	abuses that trust by unlawfully depriving persons of their civil rights, especially in the 
7.16 	context of racial profiling. It is important to ensure that law enforcement officers are 
7.17 	prohibited from using racial characteristics or color, either alone or in conjunction with 
7.18 	other composite characteristics, such as a generalized vehicle description or the age of the 
7.19 	driver or passengers, as the basis for initiating an investigative stop. Existing laws must 
7.20 	be amended to provide a greater deterrent to this type of conduct, as well as to enhance 
7.21 	other provisions of the law targeting official misconduct. Accordingly, it is in the public 
7.22 	interest to strengthen laws that define and punish acts of official misconduct by members 
7.23 	of law enforcement and other public servants.

7.24 	EFFECTIVE DATE. This section is effective July 1, 2008.

7.25 	Sec. 10. APPROPRIATION.
 7.26 	$....... is appropriated for the fiscal year ending June 30, 2009, from the general fund 
7.27 	to the attorney general to implement this act.

7.28 	Sec. 11.  REPEALER.
 7.29 	Minnesota Statutes 2006, section 626.951, is repealed.

7.30 	EFFECTIVE DATE. This section is effective July 1, 2008.