SSB 1038 (LSB 1668XC (1) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to law enforcement profiling by standardizing collection and centralizing the compilation and reporting of officer stop and compliance data, providing for officer training, creating a community policing advisory board, providing for penalties and remedies, and including effective date provisions. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80B.11, subsection 1, paragraphs a and b, Code 2019, are amended to read as follows:
   a.  Minimum entrance requirements, course of study, attendance requirements, and equipment and facilities required at approved law enforcement training schools. Minimum age requirements for entrance to approved law enforcement training schools shall be eighteen years of age. Minimum course of study requirements shall include a separate domestic abuse curriculum, which may include but is not limited to outside speakers from domestic abuse shelters and crime victim assistance organizations. Minimum course of study requirements shall also include a sexual assault curriculum, and a separate curriculum regarding the prevention of profiling as defined in section 80H.2.
   b.  Minimum basic training requirements law enforcement officers employed after July 1, 1968, must complete in order to remain eligible for continued employment and the time within which such basic training must be completed. Minimum requirements shall mandate training devoted to the topic of domestic abuse, and sexual assault, and the prevention of profiling as defined in section 80H.2. The council shall submit an annual report to the general assembly by January 15 of each year relating to the continuing education requirements devoted to the topic of domestic abuse, and the prevention of profiling as defined in section 80H.2, including the number of hours required, the substance of the classes offered, and other related matters.
    Sec. 2.  Section 80B.11, subsection 1, paragraph c, subparagraph (2), Code 2019, is amended to read as follows:
   (2)  In-service training under this paragraph “c” shall include the requirement that all law enforcement officers complete a course on the prevention of profiling as defined in section 80H.2, and a course on investigation, identification, and reporting of public offenses based on the race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability of the victim. The director shall consult with the civil rights commission, the department of public safety, and the prosecuting attorneys training coordinator in developing the requirements for this course and may contract with outside providers for this course.
    Sec. 3.  NEW SECTION.  80H.1  Purpose —— construction.
   It is the purpose of this chapter to prohibit racial and ethnic profiling in law enforcement, to foster trust and cooperation with law enforcement in Iowa communities, and to create a safer state for all Iowans, law enforcement and citizens alike.
    Sec. 4.  NEW SECTION.  80H.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Board” means the community policing advisory board.
   2.  a.  “Discriminatory pretextual stop” means a stop involving disparate treatment by the officer or a stop for which the person’s race, color, ethnicity, religion, or national origin was considered or relied upon or was a motivating factor in the officer’s decision to make the stop or to take other action during the stop, including a request to consent to a search.
   b.  It is not a discriminatory pretextual stop when an officer bases the officer’s decision to make a stop on a specific suspect description-based identification that includes in the suspect’s identification one or more of the personal characteristics or traits listed in subsection 4.
   3.  “Disparate treatment” means differential treatment of a person on the basis of race, color, ethnicity, religion, or national origin.
   4.  “Division of criminal and juvenile justice planning” means the division of criminal and juvenile justice planning of the department of human rights.
   5.  “Law enforcement activities” mean any of the following: traffic, bicyclist, or pedestrian stops by an officer; and actions during a stop, including asking questions, frisks, consensual and nonconsensual searches of an individual or any property, seizing any property, removing occupants from a motor vehicle during a traffic stop, issuing a warning or citation, and making an arrest. “Law enforcement activities” does not include any of the following: road blocks, vehicle check points, and security checks where every person seeking to enter a venue or facility is subject to detention, questioning, or a search of person or property, and responses to appeals for service.
   6.  “Officer” means a peace officer, as defined in section 801.4 including while employed off-duty by a private employer and in uniform, but not including a probation officer or a parole officer.
   7.  “Personal identifying information” means a person’s name, address, or any other information that would allow a third party to identify the person by name.
   8.  “Pretextual stop” means a stop by an officer of a driver or passenger, a bicyclist, or a pedestrian for an alleged violation of the law, to allow the officer to then question and probe for information that might suggest the person has committed some not apparent or yet-to-be identified law violation. A stop shall be considered a pretextual stop under the following circumstances:
   a.  When the race, color, ethnicity, religion, or national origin of the person stopped was considered or relied upon or was a motivating factor in making the decision to make a racially discriminatory stop.
   b.  When the officer prolonged the stop beyond the amount of time when the law enforcement tasks tied to the alleged violation are or reasonably should have been completed.
   9.  “Profiling” means any of the following when an officer is deciding to initiate law enforcement activities including the use and scope of such activities:
   a.  Consideration or reliance upon actual or perceived race, color, ethnicity, religion, or national origin.
   b.  Disparate treatment of a person.
   c.  Making or conducting a discriminatory pretextual stop.
   10.  “Specific suspect description-based identification” means a reasonably detailed physical description of the personal identifying characteristics of a potential suspect, including but not limited to age, sex, ethnicity, race, or English language proficiency.
   11.  “Stop” means the detention of a person by an officer, including a temporary detention.
    Sec. 5.  NEW SECTION.  80H.3  Profiling —— prohibition —— allowed policy and actions.
   1.  An officer shall not engage in profiling in the course of performing law enforcement activities.
   2.  This section shall not prohibit any of the following:
   a.  A law enforcement agency’s policy allowing the use of information that has been provided by a victim describing the personal identifying characteristics of an alleged perpetrator of a crime in order to seek out persons who match that description.
   b.  An action by an officer that relies upon any of the following:
   (1)  Personal identifying information or a specific suspect description-based identification. However, a specific suspect description-based identification only provides probable cause or reasonable suspicion to stop a person who reasonably resembles the person described in that identification, and does not allow an officer to stop a person merely because the person is of the same race, color, ethnicity, religion, or national origin as the suspect.
   (2)  A person’s observed behavior linking that person or another person to suspected unlawful activity that establishes probable cause or a reasonable suspicion that criminal activity is afoot.
   (3)  Other trustworthy information or circumstances, relevant to the locality and time frame, linking a person to suspected unlawful activity that establishes probable cause or a reasonable suspicion that criminal activity is afoot.
   c.  A traffic stop when directed at the traffic-related mission, namely, checking a driver’s license, vehicle registration, insurance or financial responsibility, outstanding warrants, and issuing citations or preparing warnings. However, the authority for a traffic stop ends when the officer’s tasks tied to the traffic infraction that is the basis for the stop are or reasonably should have been completed.
    Sec. 6.  NEW SECTION.  80H.4  Community policing advisory board —— establishment and role.
   1.  The attorney general shall establish a community policing advisory board for the purpose of recognizing and promoting awareness of profiling by law enforcement, reviewing data collected under this chapter and the analysis thereof, and facilitating discussion of best practices to prevent profiling. In establishing the board, the attorney general shall ensure that the board is racially and ethnically diverse and gender balanced. The attorney general shall also provide or arrange for necessary staff to assist the board.
   2.  The board shall consist of sixteen voting members and four ex officio, nonvoting members.
   a.  The attorney general shall appoint nine voting members nominated from the following described organizations or groups or who hold the following described positions:
   (1)  Four representatives from community organizations historically associated with efforts to eliminate racial discrimination that work with victims of racial and ethnic profiling, of whom one representative shall be at least sixteen years of age but not more than twenty-four years of age at the time of appointment.
   (2)  Three representatives from advocacy groups that support persons who have experienced discrimination based on race, color, ethnicity, religion, or national origin.
   (3)  Two members of the clergy who have significant experience in addressing and reducing racial discrimination and other biases.
   b.  The following seven voting members shall serve on the board:
   (1)  The attorney general or the attorney general’s designee.
   (2)  The director of the department of public safety or the director’s designee.
   (3)  The director of the Iowa law enforcement academy.
   (4)  The state public defender or the state public defender’s designee.
   (5)  The director of the Iowa civil rights commission.
   (6)  The president of the board of directors of the Iowa police chiefs association, or the president’s designee.
   (7)  The president of the Iowa state sheriffs’ and deputies’ association or the president’s designee.
   c.  The board shall include four members of the general assembly who shall serve as ex officio, nonvoting members. The legislative members shall be appointed as follows:
   (1)  One member of the senate appointed by the majority leader of senate.
   (2)  One member of the senate appointed by the minority leader of the senate.
   (3)  One member of the house of representatives appointed by the speaker of the house of representatives.
   (4)  One member of the house of representatives appointed by the minority leader of the house of representatives.
   3.  Notwithstanding section 7E.6, nonlegislative members shall only receive reimbursement for actual expenses for performance of their official duties as members of the board. Members of the general assembly shall not receive a per diem but shall receive reimbursement for necessary travel and actual expenses incurred in the performance of their official duties.
   4.  The board may act or make recommendations only upon a vote of a majority of the voting membership of the board.
   5.  a.  The initial term of a member appointed pursuant to subsection 2, paragraph “a”, subparagraph (1), shall be four years, and after the initial term has been served, the appointment shall be for a term of four years.
   b.  The initial term of a member appointed pursuant to subsection 2, paragraph “a”, subparagraph (2) or (3), shall be two years, and after the initial term has been served, the appointment shall be for a term of four years.
   6.  Each year the board shall elect two voting members as co-chairpersons.
   7.  The board shall do all of the following by April 1, 2021:
   a.  Approve rules prior to their adoption by the department of justice pursuant to chapter 17A.
   b.  Develop a standard notice form to be provided to a person stopped by an officer, when practicable, informing the person of the person’s right to file a complaint with the Iowa civil rights commission if the person believes that the person has been a victim of profiling.
   c.  Advise the department of justice regarding the department’s development of guidelines for the collection, compilation, and reporting of traffic, bicycle, and pedestrian stop data in order to ensure uniform reporting practices across all reporting law enforcement agencies.
   8.  Each year beginning July 1, 2022, the board shall do all of the following:
   a.  Evaluate and comment upon the collection, compilation, and reporting of traffic, bicycle, and pedestrian stop data by law enforcement agencies reported to the department of justice.
   b.  Review the analysis of such data by the division of criminal and juvenile justice planning and consider the effectiveness of law enforcement training under section 80G.8, including whether the training could be improved. 
   c.  Work in partnership with state and local law enforcement agencies to review and analyze profiling across geographic areas of this state.
   d.  Consult available evidence-based research on intentional and implicit biases, and their impact on law enforcement stop, search, and seizure tactics.
   e.  (1)  Issue an annual report that provides the board’s analysis of the board activities required by paragraphs “a” through “d”, makes detailed findings on the past and current status of profiling, and makes policy recommendations for eliminating profiling and other discriminatory practices.
   (2)  The report shall be retained and made available to the public by posting the report on the attorney general’s internet site. The report shall first be issued by February 1, 2023, and by February 1 every year thereafter.
   (3)  The report is a public record within the meaning of chapter 22 subject to public inspection under chapter 22.
   f.  Hold at least three annual public meetings to discuss profiling and potential reforms to prevent profiling. The board shall provide notice to the public of the location of each public meeting at least sixty days before the date of the meeting.
   9.  The board shall be subject to the provisions of chapters 21 and 22.
    Sec. 7.  NEW SECTION.  80H.5  Notice of right to file complaint with the civil rights commission.
   A law enforcement agency shall require, when practicable, an officer who makes a stop to provide to the person stopped the standard notice form developed by the board informing the person of the person’s right to file a complaint with the civil rights commission if the person believes that the person has been a victim of profiling.
    Sec. 8.  NEW SECTION.  80H.6  Data collection and reporting.
   1.  Each state and local law enforcement agency shall annually submit to the department of justice, no later than December 31 of each year, the agency’s current policies that address profiling, and the agency shall post and maintain the current policy on the internet site of the agency. 
   2.  Each state and local law enforcement agency shall collect and compile data on every traffic, bicycle, and pedestrian stop conducted by the officers of the agency during the calendar year, and shall submit a report annually to the department of justice. The following information shall be collected, compiled, and reported on each stop, including stops that involve questioning and driver’s license and vehicle registration checks but do not result in a written citation or written warning:
   a.  The time, date, location, and duration of the stop.
   b.  The reason for the stop.
   c.  Whether a driver’s license or vehicle registration check was run.
   d.  Whether an oral or written warning was given or a citation issued.
   e.  The offense the person was arrested for, if applicable.
   f.  The following identifying characteristics of the person stopped including perceived race, ethnicity, English language proficiency, sex, and approximate age. The identification of these characteristics shall be based principally on information digitally accessible from the person’s driver’s license or nonoperator’s identification card and only secondarily on the observation and perception of the officer making the stop. The officer shall not be required to inquire about race, ethnicity, and English language proficiency of the person stopped. The identifying characteristics of a passenger in a motor vehicle shall also be reported if the stop involved both the passenger and a search reported under paragraph “g”.
   g.  The following actions taken by an officer during the stop:
   (1)  Whether the officer asked for consent to search the person or vehicle and whether consent was provided.
   (2)  Whether the officer searched the person or any property, and if a search was performed, the basis for the search.
   (3)  Whether the officer seized any property, and a description of the property seized and the basis for seizing the property.
   (4)  Whether the officer used physical force or physical force was used against the officer.
   h.  Other information which the officer or law enforcement agency considers appropriate.
   3.  In consultation with law enforcement agencies, the division of criminal and juvenile justice planning, and the board, the attorney general shall develop a uniform standardized form for each law enforcement agency to use in collecting, compiling, and reporting the information described in subsection 2.
   4.  Each state law enforcement agency and a local law enforcement agency in the state with jurisdiction over fifty thousand residents shall submit the agency’s first report on or before January 1, 2022. A local law enforcement agency in the state with jurisdiction over twenty-five thousand residents but not more than fifty thousand residents shall submit the agency’s first report on or before January 1, 2023. The remaining local law enforcement agencies shall submit the agency’s first report on or before January 1, 2024.
   5.  Except as otherwise provided in this chapter, a law enforcement agency shall not grant access to personal identifying information contained in the data collected by the law enforcement agency to any person except to a federal, state, local, or tribal government employee or agent who requires access to such information in order to collect, compile, and report the data.
   6.  A law enforcement agency may permit a contractor or nongovernmental agent access to personal identifying information that is contained in the data collected, if the contractor or nongovernmental agent signs an agreement which prohibits access of the personal identifying information beyond access to the contractor or nongovernmental agent, and if the contractor or nongovernmental agent assures the law enforcement agency in the agreement that adequate security measures have been implemented to prevent unauthorized access to the personal identifying information.
    Sec. 9.  NEW SECTION.  80H.7  Department of justice adoption of rules for data collection —— analysis of data by division of criminal and juvenile justice planning.
   1.  In consultation with the board and the Iowa civil rights commission, and with input from stakeholders including federal, state, and local law enforcement agencies, local communities, researchers, and civil rights organizations, the department of justice shall adopt rules pursuant to chapter 17A for law enforcement agency collection, compilation, and reporting of law enforcement data related to traffic, bicycle, and pedestrian stops. The rules adopted under this section must do the following:
   a.  Require each law enforcement agency to collect and compile data as required by section 80H.6, and report annually to the department of justice on the agency’s traffic, bicycle, and pedestrian stops on a standardized form developed by the attorney general.
   b.  Require each law enforcement agency to prominently publicize the compiled data reported to the attorney general pursuant to section 80H.6, on at least a quarterly basis, on the law enforcement agency’s internet site, or make such data available electronically within thirty days upon request if the law enforcement agency lacks an internet site.
   c.  Require each law enforcement agency and the division of criminal and juvenile justice planning to maintain all data collected, compiled, and reported pursuant to section 80G.6 for at least fifteen years.
   d.  Provide for the protection and privacy of any personal identifying information about the officer or the person stopped that is contained in the data by removing any such personal identifying information prior to publicizing the data pursuant to paragraph “b” and subsection 2.
   2.  The division of criminal and juvenile justice planning shall compile all data reported to the department of justice pursuant to this chapter, and shall analyze annually the data in a timely manner, and provide the analysis of the data, along with the compiled data, to the department of justice, the board, the Iowa civil rights commission, and the public. The report shall be accessible to the public from a prominent place on the internet sites of the department of human rights, the department of justice, and the Iowa civil rights commission. The report shall include disaggregated statistical data for each reporting law enforcement agency, and, at a minimum, each reporting law enforcement agency’s total results for each data collection criterion for the calendar year.
   3.  If a law enforcement agency is noncompliant with the collection, compilation, and reporting duties of this section, the attorney general shall take necessary action, including seeking a writ of mandamus and other appropriate judicial remedies, to secure compliance.
    Sec. 10.  NEW SECTION.  80H.8  Training.
   1.  The director of the Iowa law enforcement academy, subject to the approval of the Iowa law enforcement academy council, shall develop and disseminate training guidelines and best practices to reduce and eliminate profiling. In developing the training guidelines and best practices, the director shall consult with the department of justice, the board, the Iowa civil rights commission, and the division of criminal and juvenile justice planning, with opportunity for input from federal, state, and local law enforcement agencies, civil rights organizations, and persons having an interest and expertise in the field of cultural awareness and diversity.
   2.  Each law enforcement agency shall provide, and every officer shall participate in training on issues related to profiling, prevention of profiling, data collection, reporting methods, and best practices at least every other year.
    Sec. 11.  NEW SECTION.  80H.9  Retaining and producing stop data, reporting profiling, and prohibiting retaliation.
   1.  The division of criminal and juvenile justice planning and each law enforcement agency shall retain and, upon request, shall produce personal identifying stop data for individual officers for use by the law enforcement agency and the Iowa civil service commission for internal investigation and disciplinary proceedings, for use by the Iowa civil rights commission when investigating or adjudicating a charge of discrimination under section 216.10A, and for use by a complainant upon receipt of a right to sue letter from the commission. Such personal identifying stop data for an individual officer and the division of criminal and juvenile justice planning’s analysis of that data are admissible in an adjudication of a claim of unfair or discriminatory practice under section 216.10A.
   2.  An officer is obligated to prevent, report, and respond to profiling by a fellow officer. An officer or employee of a law enforcement agency who opposes profiling or makes a charge, testifies against, assists, or participates in any manner in an investigation, proceeding, or hearing related to profiling is protected against retaliation by section 216.11.
   3.  An officer or an employee of a law enforcement agency who retaliates against an officer or employee for opposing profiling or making a charge, testifying against, assisting, or participating in any manner in an investigation, proceeding, or hearing related to profiling shall be subjected to discipline, including dismissal.
    Sec. 12.  NEW SECTION.  80H.10  Statutory remedies not exclusive.
   The remedies authorized in this chapter are not exclusive and do not foreclose a person from asserting any remedies the person may have based on the common law or other statutes.
    Sec. 13.  Section 216.2, subsection 15, Code 2019, is amended to read as follows:
   15.  “Unfair practice” or “discriminatory practice” means those practices specified as unfair or discriminatory in sections 216.6, 216.6A, 216.7, 216.8, 216.8A, 216.9, 216.10, 216.10A, 216.11, and 216.11A.
    Sec. 14.  Section 216.6, subsection 1, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Employer or the employees or agents thereof to discriminate against an employee because the employee makes a charge, testifies against, assists, or participates in any manner in an investigation, proceeding, or hearing related to profiling pursuant to chapter 80G.
    Sec. 15.  NEW SECTION.  216.10A  Profiling —— unfair or discriminatory practice.
   1.  It shall be an unfair or discriminatory practice for a peace officer to engage in profiling as defined in chapter 80H.
   2.  The data compiled pursuant to chapter 80H is admissible in pattern and practice disparate treatment profiling cases, in disparate impact profiling cases, or individual cases under chapter 216.
   3.  The law enforcement activities described in section 80H.3 do not constitute an unfair or discriminatory practice.
    Sec. 16.  NEW SECTION.  321.182A  Application for driver’s license or nonoperator’s identification card —— race, ethnicity, and primary language.
   1.  The department shall request a person who applies for a driver’s license or nonoperator’s identification card or for renewal of a driver’s license or nonoperator’s identification card to disclose and specify the person’s race, ethnicity, and primary language, each of which may be disclosed and specified at the person’s discretion.
   2.  Prior to January 15, 2022, and prior to January 15 of each year thereafter, the department shall submit a report to the general assembly detailing the number of driver’s license and nonoperator’s identification card holders who have disclosed and specified a race, ethnicity, or primary language pursuant to subsection 1.
   3.  The department shall electronically maintain as part of a person’s record the race, ethnicity, and primary language information obtained by the department, but shall not include such information on the face or in any machine-readable portion of the person’s driver’s license or nonoperator’s identification card. Race, ethnicity, and primary language information collected by the department shall be considered confidential information and is not a public record or otherwise subject to disclosure under chapter 22. The department shall not release race, ethnicity, and primary language information collected under this section except to any of the following:
   a.  The attorney general for use in the administration of chapter 80H.
   b.  The community policing advisory board established in chapter 80H.
   c.  The Iowa civil rights commission.
   d.  The state court administrator for use in carrying out the administrator’s functions as permitted by law. 
   e.  The division of criminal and juvenile justice planning of the department of human rights for use in research activities and in producing statistical reports and analysis as permitted by law.
   4.  For the collection of race, ethnicity, and primary language information pursuant to this section, the department shall follow, to the extent practicable, the race and ethnicity categories, descriptors, or standards utilized by the United States census bureau.
    Sec. 17.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
    Sec. 18.  EFFECTIVE DATE.  This Act takes effect October 1, 2020.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to law enforcement profiling by standardizing collection and centralizing the compilation and reporting of officer stop and compliant data, providing for officer training, creating a community policing advisory board, and providing for penalties and remedies, and includes effective date provisions.
   LAW ENFORCEMENT OFFICER TRAINING. The bill provides that the minimum course study requirements, minimum basic training requirements, and in-service training requirements established by the Iowa law enforcement academy shall include a course relating to the prevention of profiling.
   DEFINITIONS. The bill defines “officer” to mean a peace officer, as defined in Code section 801.4, including while employed off-duty by a private employer and in uniform, but does not include a probation or parole officer.
   The bill defines “law enforcement activities” to mean traffic, bicyclist, or pedestrian stops by an officer; and actions during a stop, including asking questions, frisks, consensual and nonconsensual searches of an individual or any property, seizing any property, removing occupants from a motor vehicle during a traffic stop, issuing a warning or citation, and making an arrest. “Law enforcement activities” do not include road blocks, vehicle check points, and security checks where every person seeking to enter a venue or facility is subject to detention, questioning, or a search of a person or property, and responses to appeals for service.
   The bill defines “profiling” to mean a stop by an officer of a driver or passenger, a bicyclist, or a pedestrian for an alleged violation of the law, to allow the officer to then question and probe for information that might suggest the person has committed some not apparent or yet to be identified law violation. A stop shall be considered a pretextual stop under the following circumstances: when the race, color, ethnicity, religion, or national origin of the person stopped was considered or relied upon or a motivating factor in making the decision to make a racially discriminatory stop; or when the officer prolonged the stop beyond the amount of time when the law enforcement tasks tied to the alleged violation are or reasonably should have been completed.
   The bill defines “disparate treatment” to mean differential treatment of a person on the basis of race, color, ethnicity, religion, or national origin.
   The bill defines “pretextual stop” to mean a stop by an officer of a driver or passenger, a bicyclist, or a pedestrian for an alleged violation of the law, to allow the officer to then question and probe for information that might suggest the person had committed some not apparent or yet to be identified law violation. 
   The bill defines a “discriminatory pretextual stop” to mean a stop involving disparate treatment by the officer or a stop for which the person’s race, color, ethnicity, religion, or national origin was considered or relied upon or was a motivating factor in the officer’s decision to make the stop or to take other action during the stop, including a request to consent to a search. It is not a discriminatory pretextual stop when an officer bases the officer’s decision to make a stop on a specific suspect description-based identification that includes in the suspect’s identification one or more of the personal characteristics or traits of race, color, ethnicity, religion, or national origin. However, a specific suspect description-based identification only provides probable cause or reasonable suspicion to stop a person who reasonably resembles the person described in that identification, and does not allow an officer to stop a person merely because the person is of the same race, color, ethnicity, religion, or national origin as the suspect.
   PROFILING. The bill prohibits an officer from engaging in profiling in the course of performing law enforcement activities. It is not profiling under the following circumstances: when a law enforcement agency’s policy allowing the use of information that has been provided by a victim describing the personal identifying characteristics of an alleged perpetrator; an action by an officer that relies upon personal identifying information, a specific suspect description-based identification, a person’s observed behavior, and other trustworthy information, except such information only provides probable cause or reasonable suspicion to stop a person who reasonably resembles the person described in that identification; and a traffic stop when directed at the traffic-related mission, namely, checking driver’s license, vehicle registration, insurance or financial responsibility, outstanding warrants, and issuing citations or preparing warnings, except the authority for a traffic stop ends when the officer’s tasks tied to the traffic infraction that is the basis for the stop are or reasonably should have been completed.
   COMMUNITY POLICING ADVISORY BOARD. The bill requires the attorney general to establish a community policing advisory board for the purpose of recognizing and promoting awareness of profiling by law enforcement, providing advice in development of best practices to prevent profiling, and monitoring implementation of best practices in the field. In establishing the board, the bill requires the attorney general to ensure that the board is racially and ethnically diverse and gender balanced. The bill specifies that the attorney general shall also provide or arrange for the staff necessary to assist the board.
   The bill provides that the community policing advisory board shall consist of 16 voting members and four ex officio, nonvoting members. The attorney general shall appoint the following nine board members: four representatives from community organizations historically associated with efforts to eliminate racial discrimination, of whom one representative shall be at least 16 years of age but not more than 24 years of age at the time of appointment; three representatives from advocacy groups that support individuals who have experienced discrimination based on race, color, ethnicity, religion, or national origin; and two clergy members who have significant experience in addressing and reducing racial discrimination and other biases.
   The bill specifies that the following individuals shall also serve on the community policing advisory board: the attorney general or the attorney general’s designee, the director of the department of public safety, the director of the Iowa law enforcement academy, the state public defender or the state public defender’s designee, the director of the Iowa civil rights commission, the president of the board of directors of the Iowa police chiefs association or the president’s designee; and the president of the Iowa state sheriffs’ and deputies’ association or the president’s designee.
   The bill specifies that the board shall also include four members of the general assembly who shall serve as ex officio, nonvoting members, with one member each appointed by the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives. 
   The board members generally serve staggered four-year terms.
   The bill provides that the members of the board shall only receive reimbursement for actual expenses for performance of their official duties as members of the board.
   The bill specifies that the board shall be subject to the provisions of Code chapters 21 (open meetings) and 22 (open records).
   BOARD ACTIONS REQUIRED BY APRIL 1, 2021. The bill requires the board to develop a standard notice form to be provided to each individual stopped by an officer, when practicable, informing the individual of the individual’s right to file a complaint with the Iowa civil rights commission if the individual believes that the individual has been a victim of profiling. 
   The bill provides that the board shall advise the attorney general when developing rules for the collection, compilation, and reporting of traffic, bicycle, and pedestrian stop data to ensure the use of uniform reporting practices across all reporting law enforcement agencies.
   The bill requires the board to approve rules prior to their adoption by the department of justice pursuant to Code chapter 17A.
   BOARD ACTION REQUIRED BY JULY 1, 2022, AND EVERY YEAR THEREAFTER. The bill provides that the board shall annually do the following: evaluate and comment upon the data compiled and reported to the attorney general by law enforcement agencies and the analysis of the data by the division of criminal and juvenile justice planning of the department of human rights; assess the collection, compilation, and reporting of stop data compiled by law enforcement agencies, assess the law enforcement training requirement, and determine if these requirements are effective; work in partnership with state and local law enforcement agencies to review and analyze profiling across geographic areas of the state; consult available evidence-based research on intentional and implicit biases, and the impact on law enforcement stop, search, and seizure tactics; issue an annual report that provides the board’s analysis of the past and current status of profiling across the state; and make policy recommendations for eliminating profiling.
   The bill also requires the board to hold at least three annual public meetings to discuss profiling and potential reforms to prevent profiling.
   NOTICE ABOUT FILING PROFILING COMPLAINT. The bill requires a law enforcement agency to require, when practicable, each officer who makes a stop to provide to each individual stopped a standard notice form, developed by the community policing advisory board, that discloses the individual’s right to file a complaint with the Iowa civil rights commission if the individual believes that profiling has occurred.
   DATA COLLECTED, COMPILED, AND REPORTED BY A LAW ENFORCEMENT AGENCY. The bill requires that each state and local law enforcement agency shall annually submit to the department of justice, no later than December 31 of each year, the agency’s current policies that address profiling, and the agency shall post and maintain the current policy on the internet site of the agency. The bill requires that each law enforcement agency collect, compile, and report annually to the department of justice the following information related to stops including stops that involve questioning, driver’s license and vehicle registration checks that do not result in a citation or warning: the time, date, location, and duration of the stop; the reason for the stop; the results of the stop; the warning given or citation issued, if applicable; the offense the individual was arrested for, if applicable; the identifying characteristics of the individual stopped, including perceived race, ethnicity, English language proficiency, sex, and approximate age; and the actions taken by the officer during the stop. The actions to be reported include but are not limited to the following: whether the officer asked for consent to search the person and whether consent was provided; whether the officer searched the individual or any property, and if a search was performed, the basis for the search; whether the officer seized any property, and a description of the property that was seized and the basis for seizing the property; whether the officer used physical force or physical force was used against the officer; and any additional information which the officer or law enforcement agency considers appropriate.
   The bill provides that the attorney general, in consultation with the division of criminal and juvenile justice of the department of human rights, the board, and law enforcement agencies, shall develop a uniform standardized form for each law enforcement agency to use in collecting, compiling, and reporting the information required to be reported. 
   The bill provides that each state law enforcement agency and the local law enforcement agencies in the state with jurisdiction over 50,000 residents shall submit the agency’s first report on or before January 1, 2022. The local law enforcement agencies in the state with jurisdiction over 25,000 residents but not more than 50,000 residents shall submit the agency’s first report on or before January 1, 2023. The remaining local law enforcement agencies shall submit the agency’s first report on or before January 1, 2024. 
   The bill provides that a law enforcement agency shall not grant access to personal identifying information contained in the data collected by the law enforcement agency to any individual except to a federal, state, local, or tribal government employee or agent who requires access to such information in order to fulfill the purposes of the bill. However, the bill provides that a law enforcement agency may permit a contractor or nongovernmental agent access to personal identifying information that is contained in the data collected, if the contractor or nongovernmental agent signs an agreement which prohibits further disclosure of the personal identifying information beyond disclosure to the contractor or nongovernmental agent.
   DATA COMPILED BY THE DIVISION OF CRIMINAL AND JUVENILE JUSTICE PLANNING. The bill requires the attorney general, in consultation with the community policing advisory board and the Iowa civil rights commission, and with input from stakeholders including federal, state, and local law enforcement agencies, local communities, researchers, and civil rights organizations, to adopt rules pursuant to Code chapter 17A for law enforcement agency collection and compilation of law enforcement activities related to traffic, bicycle, or pedestrian stops, and citizen complaints. The rules adopted under the bill shall do the following: require each law enforcement agency to collect and compile data as required under the bill; require each law enforcement agency to prominently publicize the compiled data on the law enforcement agency’s internet site; require each law enforcement agency to maintain all data collected, compiled, and reported under the bill for at least 15 years; and provide for the protection and privacy of any personal identifying information about the officer or the individual stopped that is contained in the collected and compiled data.
   The bill requires the division of criminal and juvenile justice planning of the department of human rights to in turn compile the data collected from law enforcement agencies for analysis. The bill specifies that the division shall analyze the data provided. The bill further requires the division to provide the compiled data and analysis to the community policing advisory board, the Iowa civil rights commission, the department of justice, and the public.
   TRAINING GUIDELINES. The bill provides that the director of the Iowa law enforcement academy, subject to the approval of the Iowa law enforcement academy council, shall develop and disseminate training guidelines and best practices to reduce and eliminate profiling. In developing the training guidelines and best practices, the director shall consult with the department of justice, the community policing advisory board, the Iowa civil rights commission, and the division of criminal and juvenile justice planning, with opportunity for input from federal, state, and local law enforcement agencies, civil rights organizations, and persons having an interest and expertise in the field of cultural awareness and diversity.
   STATUTORY REMEDIES. The bill provides that the remedies authorized in the bill are not exclusive and do not foreclose an individual from asserting any remedies the individual may have based on the common law or other statutes.
   UNFAIR EMPLOYMENT PRACTICES —— RETALIATION —— PENALTIES.  The bill provides that it shall be an unfair discriminatory practice under the Iowa civil rights Act, Code chapter 216, for a peace officer to engage in profiling described in the bill. The bill also specifies certain behaviors that do not constitute an unfair discriminatory practice. The bill provides that it is an unfair or discriminatory practice for an employer or the employees of the employer to discriminate against another employee because the employee makes a charge, testifies against, assists, or participates in any manner in an investigation, proceeding, or hearing related to profiling. The bill specifies that it shall be an unlawful employment practice under the Iowa civil rights Act, Code chapter 216, for an employer or the employees, or other agents, to discriminate against an employee because of the employee’s opposition to profiling, or because the officer made a charge, testified against, assisted, or participated in any manner in an investigation, proceeding, or hearing related to profiling.
   The bill specifies that an officer or an employee of a law enforcement agency who retaliates against an officer or employee for making a charge, testifying against, assisting, or participating in any manner in an investigation, proceeding, or hearing related to profiling shall be subject to discipline, including dismissal.
   USE OF DATA IN DISPARATE TREATMENT AND DISPARATE IMPACT CASES. The bill specifies that data compiled pursuant to the bill is admissible in individual and pattern and practice disparate treatment profiling cases and in disparate impact profiling cases under the Iowa civil rights Act.
   DRIVER’S LICENSE AND NONOPERATOR’S IDENTIFICATION. The bill provides that the department of transportation shall request a person who applies for a driver’s license or nonoperator’s identification card or for renewal of a driver’s license or nonoperator’s identification card to disclose and specify the person’s race, ethnicity, and primary language, each of which may be disclosed and specified at the person’s discretion.
   Under the bill, prior to January 15, 2022, and prior to January 15 of each year thereafter, the department of transportation shall submit a report to the general assembly detailing the number of driver’s license and nonoperator’s identification card holders who have disclosed and specified a race, ethnicity, or primary language.
   The bill provides that the department shall electronically maintain as part of a person’s record the race, ethnicity, and primary language information obtained by the department, but shall not include such information on the face or in any machine-readable portion of the person’s driver’s license or nonoperator’s identification card.
   The department of transportation shall not release race, ethnicity, and primary language information collected under this Code section except to any of the following: the department of justice, the community policing advisory board, the Iowa civil rights commission, the state court administrator, and the division of criminal and juvenile justice planning of the department of human rights for use in research activities and in producing statistical reports and analysis as permitted by law.
   STATE MANDATE. The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.
   EFFECTIVE DATE. The bill takes effect on October 1, 2020.