Bill Summary – FastDemocracy

LAW WITHOUT
                                                                 GOVERNOR'S              CHAPTER
                                                                 SIGNATURE
                                                                                              460
                                                                JULY 15, 2021           PUBLIC LAW
                                 STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-ONE
                                          _____
                                   H.P. 88 - L.D. 132
  An Act To Implement the Attorney General's Recommendations on Data
           Collection in Order To Eliminate Profiling in Maine
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 5 MRSA c. 337-D is enacted to read:
                                   CHAPTER 337-D
                         PROFILING DATA COLLECTION
§4751. Definitions
   As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
    1. Law enforcement agency. "Law enforcement agency" means an agency in the
State charged with enforcement of state, county, municipal or federal laws or laws of a
federally recognized Indian tribe, with the prevention, detection or investigation of
criminal, immigration or customs laws or with managing custody of detained persons in
the State and includes, but is not limited to, a municipal police department, a sheriff's
department, the State Police, a university or college police department and the Department
of Public Safety.
    2. Law enforcement officer. "Law enforcement officer" means a state, county or
municipal official or an official of a federally recognized Indian tribe responsible for
enforcing criminal, immigration or customs laws, including, but not limited to, a law
enforcement officer who possesses a current and valid certificate issued by the Board of
Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803-A.
§4752. Collection of information; reporting of information
    1. Information collected. Beginning July 1, 2023, a law enforcement agency shall
record and retain the following information regarding traffic infractions occurring in this
State:
    A. The number of persons stopped for traffic infractions;
                                   Page 1 - 130LR0151(05)
    B. Characteristics of race, color, ethnicity, gender and age of each person described in
    paragraph A. The identification of such characteristics must be based on the
    observation and perception of the law enforcement officer responsible for reporting the
    stop. The person stopped may not be required to provide the information;
    C. The nature of each alleged traffic infraction that resulted in a stop;
    D. Whether a warning or citation was issued, an arrest was made or a search was
    conducted as a result of each stop for a traffic infraction; and
    E. Any additional information the law enforcement agency determines appropriate.
    The additional information may not include any other personally identifiable
    information about a person stopped for a traffic infraction such as the person's driver's
    license number, name or address.
    2. Report to Attorney General. A law enforcement agency shall report the
information required to be recorded and retained under subsection 1 to the Attorney
General pursuant to rules adopted pursuant to section 4753.
§4753. Rules; consultation
     1. Adoption of rules. By January 1, 2023, the Attorney General shall adopt rules for
the recording, retention and reporting of information pursuant to section 4752 pertaining to
persons stopped for traffic infractions. The information must include the characteristics of
race, color, ethnicity, gender and age of the persons stopped, based on the observation and
perception of the law enforcement officer making the stop. Rules adopted pursuant to this
subsection are routine technical rules as defined in chapter 375, subchapter 2-A.
    2. Consultation. In adopting rules pursuant to subsection 1, the Attorney General
shall consult with the Commissioner of Public Safety and interested parties, including law
enforcement agencies and community, professional, research, civil liberties and civil rights
organizations and persons with lived experience of being profiled. The Attorney General
shall ensure that the parties consulted represent the racial and ethnic diversity of the State.
§4754. Report; publication of data
    Beginning January 15, 2024 and annually thereafter, the Attorney General shall
provide to the joint standing committees of the Legislature having jurisdiction over
judiciary matters and criminal justice and public safety matters and make available to the
public a report of the information collected pursuant to this chapter. The report must
include an analysis of the information and may include recommendations for changes in
laws, rules and practices. Information reported may not include personally identifiable
information.
    Sec. 2. Appropriations and allocations. The following appropriations and
allocations are made.
PUBLIC SAFETY, DEPARTMENT OF
State Police 0291
Initiative: Provides funding for computer programming costs and related maintenance.
GENERAL FUND                                                        2021-22           2022-23
 All Other                                                          $22,750           $22,750
 Capital Expenditures                                              $113,750                $0
                                    Page 2 - 130LR0151(05)
                                              __________    __________
GENERAL FUND TOTAL                               $136,500       $22,750
                     Page 3 - 130LR0151(05)