House File 130 - Introduced
HOUSE FILE 130
BY HUNTER, ANDERSON,
WESSEL-KROESCHELL,
STECKMAN, CAHILL, WILBURN,
STAED, KONFRST, JAMES,
MASCHER, BROWN-POWERS, and
EHLERT
A BILL FOR
1 An Act relating to law enforcement profiling by standardizing
2 collection and centralizing the compilation and reporting
3 of officer stop and compliance data, providing for officer
4 training, creating a community policing advisory board,
5 providing for penalties and remedies, and including
6 effective date provisions.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 80B.11, subsection 1, paragraphs a and b,
2 Code 2021, are amended to read as follows:
3 a. Minimum entrance requirements, course of study,
4 attendance requirements, and equipment and facilities required
5 at approved law enforcement training schools. Minimum age
6 requirements for entrance to approved law enforcement training
7 schools shall be eighteen years of age. Minimum course of
8 study requirements shall include a separate domestic abuse
9 curriculum, which may include but is not limited to outside
10 speakers from domestic abuse shelters and crime victim
11 assistance organizations. Minimum course of study requirements
12 shall also include a sexual assault curriculum, and a separate
13 curriculum regarding the prevention of profiling as defined in
14 section 80I.2.
15 b. Minimum basic training requirements law enforcement
16 officers employed after July 1, 1968, must complete in order
17 to remain eligible for continued employment and the time
18 within which such basic training must be completed. Minimum
19 requirements shall mandate training devoted to the topic of
20 domestic abuse, and sexual assault, and the prevention of
21 profiling as defined in section 80I.2. The council shall
22 submit an annual report to the general assembly by January 15
23 of each year relating to the continuing education requirements
24 devoted to the topic of domestic abuse, and the prevention of
25 profiling as defined in section 80I.2, including the number of
26 hours required, the substance of the classes offered, and other
27 related matters.
28 Sec. 2. Section 80B.11, subsection 1, paragraph c,
29 subparagraph (2), Code 2021, is amended to read as follows:
30 (2) In-service training under this paragraph “c” shall
31 include the requirement that all law enforcement officers
32 complete a course on the prevention of profiling as defined in
33 section 80I.2, and a course on investigation, identification,
34 and reporting of public offenses based on the race, color,
35 religion, ancestry, national origin, political affiliation,
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1 sex, sexual orientation, age, or disability of the victim. The
2 director shall consult with the civil rights commission, the
3 department of public safety, and the prosecuting attorneys
4 training coordinator in developing the requirements for this
5 course and may contract with outside providers for this course.
6 Sec. 3. NEW SECTION. 80I.1 Purpose —— construction.
7 It is the purpose of this chapter to prohibit racial and
8 ethnic profiling in law enforcement, to foster trust and
9 cooperation with law enforcement in Iowa communities, and
10 to create a safer state for all Iowans, law enforcement and
11 citizens alike.
12 Sec. 4. NEW SECTION. 80I.2 Definitions.
13 As used in this chapter, unless the context otherwise
14 requires:
15 1. “Board” means the community policing advisory board.
16 2. a. “Discriminatory pretextual stop” means a stop
17 involving disparate treatment by the officer or a stop
18 for which the person’s race, color, ethnicity, religion,
19 or national origin was considered or relied upon or was a
20 motivating factor in the officer’s decision to make the stop
21 or to take other action during the stop, including a request
22 to consent to a search.
23 b. It is not a discriminatory pretextual stop when an
24 officer bases the officer’s decision to make a stop on a
25 specific suspect description-based identification that includes
26 in the suspect’s identification one or more of the personal
27 characteristics or traits listed in subsection 11.
28 3. “Disparate treatment” means differential treatment of
29 a person on the basis of race, color, ethnicity, religion, or
30 national origin.
31 4. “Division of criminal and juvenile justice planning” means
32 the division of criminal and juvenile justice planning of the
33 department of human rights.
34 5. “Law enforcement activities” mean any of the following:
35 traffic, bicyclist, or pedestrian stops by an officer; and
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1 actions during a stop, including asking questions, frisks,
2 consensual and nonconsensual searches of an individual or any
3 property, seizing any property, removing occupants from a motor
4 vehicle during a traffic stop, issuing a warning or citation,
5 and making an arrest. “Law enforcement activities” does not
6 include roadblocks, vehicle check points, and security checks
7 where every person seeking to enter a venue or facility is
8 subject to detention, questioning, or a search of person or
9 property, and responses to requests for service.
10 6. “Law enforcement agency” means any governmental agency
11 that investigates persons suspected of or charged with a crime.
12 7. “Officer” means a peace officer, as defined in section
13 801.4 including while employed off-duty by a private employer
14 and in uniform, but not including a probation officer or a
15 parole officer.
16 8. “Personal identifying information” means a person’s name,
17 address, or any other information that would allow a third
18 party to identify the person by name.
19 9. “Pretextual stop” means a stop by an officer of a driver
20 or passenger, a bicyclist, or a pedestrian for an alleged
21 violation of the law, to allow the officer to then question
22 and probe for information that might suggest the person
23 has committed some not apparent or yet-to-be identified law
24 violation. A stop shall be considered a pretextual stop under
25 the following circumstances:
26 a. When the race, color, ethnicity, religion, or national
27 origin of the person stopped was considered or relied upon
28 or was a motivating factor in making the decision to make a
29 racially discriminatory stop.
30 b. When the officer prolonged the stop beyond the amount
31 of time when the law enforcement tasks tied to the alleged
32 violation are or reasonably should have been completed.
33 10. “Profiling” means any of the following when an officer
34 is deciding to initiate law enforcement activities including
35 the use and scope of such activities:
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1 a. Consideration or reliance upon actual or perceived race,
2 color, ethnicity, religion, or national origin.
3 b. Disparate treatment of a person.
4 c. Making or conducting a discriminatory pretextual stop.
5 11. “Specific suspect description-based identification” means
6 a reasonably detailed physical description of the personal
7 identifying characteristics of a potential suspect, including
8 but not limited to age, sex, ethnicity, race, or English
9 language proficiency.
10 12. “Stop” means the detention of a person by an officer,
11 including a temporary detention.
12 Sec. 5. NEW SECTION. 80I.3 Profiling —— prohibition ——
13 allowed policy and actions.
14 1. An officer shall not engage in profiling in the course of
15 performing law enforcement activities.
16 2. This section shall not prohibit any of the following:
17 a. A law enforcement agency’s policy allowing the use of
18 information that has been provided by a victim describing the
19 personal identifying characteristics of an alleged perpetrator
20 of a crime in order to seek out persons who match that
21 description.
22 b. An action by an officer that relies upon any of the
23 following:
24 (1) Personal identifying information or a specific suspect
25 description-based identification. However, a specific suspect
26 description-based identification only provides probable
27 cause or reasonable suspicion to stop a person who reasonably
28 resembles the person described in that identification, and does
29 not allow an officer to stop a person merely because the person
30 is of the same race, color, ethnicity, religion, or national
31 origin as the suspect.
32 (2) A person’s observed behavior linking that person or
33 another person to suspected unlawful activity that establishes
34 probable cause or a reasonable suspicion that criminal activity
35 is afoot.
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1 (3) Other trustworthy information or circumstances,
2 relevant to the locality and time frame, linking a person to
3 suspected unlawful activity that establishes probable cause or
4 a reasonable suspicion that criminal activity is afoot.
5 c. A traffic stop when directed at the traffic-related
6 mission, namely, checking a driver’s license, vehicle
7 registration, insurance or financial responsibility,
8 outstanding warrants, and issuing citations or preparing
9 warnings. However, the authority for a traffic stop ends
10 when the officer’s tasks tied to the traffic infraction that
11 is the basis for the stop are or reasonably should have been
12 completed.
13 Sec. 6. NEW SECTION. 80I.4 Community policing advisory
14 board —— establishment and role.
15 1. The attorney general shall establish a community
16 policing advisory board for the purpose of recognizing and
17 promoting awareness of profiling by law enforcement, reviewing
18 data collected under this chapter and the analysis thereof, and
19 facilitating discussion of best practices to prevent profiling.
20 In establishing the board, the attorney general shall ensure
21 that the board is racially and ethnically diverse and gender
22 balanced. The attorney general shall also provide or arrange
23 for necessary staff to assist the board.
24 2. The board shall consist of sixteen voting members and
25 four ex officio, nonvoting members.
26 a. The attorney general shall appoint nine voting members
27 nominated from the following described organizations or groups
28 or who hold the following described positions:
29 (1) Four representatives from community organizations
30 historically associated with efforts to eliminate racial
31 discrimination that work with victims of racial and ethnic
32 profiling, of whom one representative shall be at least sixteen
33 years of age but not more than twenty-four years of age at the
34 time of appointment.
35 (2) Three representatives from advocacy groups that support
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1 persons who have experienced discrimination based on race,
2 color, ethnicity, religion, or national origin.
3 (3) Two members of the clergy who have significant
4 experience in addressing and reducing racial discrimination and
5 other biases.
6 b. The following seven voting members shall also serve on
7 the board:
8 (1) The attorney general or the attorney general’s
9 designee.
10 (2) The director of the department of public safety or the
11 director’s designee.
12 (3) The director of the Iowa law enforcement academy.
13 (4) The state public defender or the state public defender’s
14 designee.
15 (5) The director of the Iowa civil rights commission.
16 (6) The president of the board of directors of the Iowa
17 police chiefs association, or the president’s designee.
18 (7) The president of the Iowa state sheriffs’ and deputies’
19 association or the president’s designee.
20 c. The board shall include four members of the general
21 assembly who shall serve as ex officio, nonvoting members. The
22 legislative members shall be appointed as follows:
23 (1) One member of the senate appointed by the majority
24 leader of senate.
25 (2) One member of the senate appointed by the minority
26 leader of the senate.
27 (3) One member of the house of representatives appointed by
28 the speaker of the house of representatives.
29 (4) One member of the house of representatives appointed by
30 the minority leader of the house of representatives.
31 3. Notwithstanding section 7E.6, nonlegislative members
32 shall only receive reimbursement for actual expenses for
33 performance of their official duties as members of the board.
34 Members of the general assembly shall not receive a per diem
35 but shall receive reimbursement for necessary travel and actual
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1 expenses incurred in the performance of their official duties.
2 4. The board may act or make recommendations only upon a
3 vote of a majority of the voting membership of the board.
4 5. a. The initial term of a member appointed pursuant
5 to subsection 2, paragraph “a”, subparagraph (1), shall be
6 four years, and after the initial term has been served, the
7 appointment shall be for a term of four years.
8 b. The initial term of a member appointed pursuant to
9 subsection 2, paragraph “a”, subparagraph (2) or (3), shall
10 be two years, and after the initial term has been served, the
11 appointment shall be for a term of four years.
12 6. Each year the board shall elect two voting members as
13 co-chairpersons.
14 7. The board shall do all of the following by April 1, 2023:
15 a. Approve rules prior to their adoption by the department
16 of justice pursuant to chapter 17A.
17 b. Develop a standard notice form to be provided to a person
18 stopped by an officer, when practicable, informing the person
19 of the person’s right to file a complaint with the Iowa civil
20 rights commission if the person believes that the person has
21 been a victim of profiling.
22 c. Advise the department of justice regarding the
23 department’s development of guidelines for the collection,
24 compilation, and reporting of traffic, bicycle, and pedestrian
25 stop data in order to ensure uniform reporting practices across
26 all reporting law enforcement agencies.
27 8. Each year beginning July 1, 2024, the board shall do all
28 of the following:
29 a. Evaluate and comment upon the collection, compilation,
30 and reporting of traffic, bicycle, and pedestrian stop data by
31 law enforcement agencies reported to the department of justice.
32 b. Review the analysis of such data by the division of
33 criminal and juvenile justice planning and consider the
34 effectiveness of law enforcement training under section 80I.8,
35 including whether the training could be improved.
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1 c. Work in partnership with state and local law enforcement
2 agencies to review and analyze profiling across geographic
3 areas of this state.
4 d. Consult available evidence-based research on intentional
5 and implicit biases, and their impact on law enforcement stop,
6 search, and seizure tactics.
7 e. (1) Issue an annual report that provides the board’s
8 analysis of the board activities required by paragraphs “a”
9 through “d”, makes detailed findings on the past and current
10 status of profiling, and makes policy recommendations for
11 eliminating profiling and other discriminatory practices.
12 (2) The report shall be retained and made available to the
13 public by posting the report on the attorney general’s internet
14 site. The report shall first be issued by February 1, 2025,
15 and by February 1 every year thereafter.
16 (3) The report is a public record within the meaning of
17 chapter 22 subject to public inspection under chapter 22.
18 f. Hold at least three annual public meetings to discuss
19 profiling and potential reforms to prevent profiling. The
20 board shall provide notice to the public of the location of
21 each public meeting at least sixty days before the date of the
22 meeting.
23 9. The board shall be subject to the provisions of chapters
24 21 and 22.
25 Sec. 7.