Text: SF00141 Text: SF00143 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 80.9, subsection 2, Code 2001, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. k. To collect and disseminate data about
1 4 motor vehicle stops pursuant to section 80.40.
1 5 Sec. 2. NEW SECTION. 80.40 DATA COLLECTION.
1 6 1. The department of public safety shall establish a
1 7 central repository for the collection and dissemination of
1 8 data and information pertaining to motor vehicles stopped by
1 9 departmental personnel and local law enforcement agencies for
1 10 alleged traffic violations. The department and local law
1 11 enforcement agencies shall furnish data to the central
1 12 repository about each motor vehicle stop. The individual data
1 13 of the driver to be collected shall include, but is not
1 14 limited to, the driver's race or ethnicity, age, and gender.
1 15 The individual data of the driver shall be obtained from the
1 16 driver's license or based upon the perceptions of the peace
1 17 officer responsible for collecting the data. However, the
1 18 peace officer shall not be required to question the driver
1 19 about the driver's individual data. The data shall include
1 20 the name of the peace officer who stopped the vehicle, whether
1 21 a search of the vehicle was conducted, if the search was
1 22 conducted with the consent of the driver or based on probable
1 23 cause, and the type of any property seized. The data shall
1 24 also include whether a citation was issued or an arrest was
1 25 made, the type of citation issued or the basis for the arrest,
1 26 and whether any injuries were sustained by the officer or any
1 27 other person and the reason for such injuries.
1 28 2. A peace officer shall furnish a business card to the
1 29 driver of any vehicle stopped. The card shall contain the
1 30 name and telephone number of the law enforcement agency
1 31 employing the officer, and the name of the officer.
1 32 3. The department shall adopt rules pursuant to chapter
1 33 17A to administer this section.
1 34 4. The department shall submit an annual report to the
1 35 general assembly by January 31 of each year based upon the
2 1 information collected from the department and local law
2 2 enforcement agencies.
2 3 Sec. 3. Section 331.653, Code 2001, is amended by adding
2 4 the following new subsection:
2 5 NEW SUBSECTION. 44. Furnish data to the department of
2 6 public safety concerning motor vehicle stops pursuant to
2 7 section 80.40.
2 8 Sec. 4. NEW SECTION. 364.22B DATA COLLECTION.
2 9 The chief of police shall furnish data to the department of
2 10 public safety concerning motor vehicle stops pursuant to
2 11 section 80.40.
2 12 Sec. 5. Section 690.1, Code 2001, is amended to read as
2 13 follows:
2 14 690.1 CRIMINAL IDENTIFICATION AND MOTOR VEHICLE STOP DATA.
2 15 The commissioner of public safety may provide in the
2 16 department a bureau of criminal identification. The
2 17 commissioner may adopt rules for the same. The sheriff of
2 18 each county and the chief of police of each city shall furnish
2 19 to the department criminal identification records, motor
2 20 vehicle stop data pursuant to section 80.40, and other
2 21 information as directed by the commissioner of public safety.
2 22 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection
2 23 3, shall not apply to this Act.
2 24 EXPLANATION
2 25 This bill establishes a central repository in the
2 26 department of public safety for the purpose of collecting and
2 27 disseminating information about motor vehicle stops.
2 28 The bill provides that the department of public safety and
2 29 local law enforcement agencies making a traffic stop shall
2 30 collect information which shall include, but is not limited
2 31 to, the driver's race or ethnicity, age, gender, whether a
2 32 search of the vehicle was conducted with the consent of the
2 33 driver or based on probable cause, and the type of any
2 34 property seized. The data collected shall include whether a
2 35 citation was issued or an arrest was made, the type of
3 1 citation issued or the basis for the arrest, whether any
3 2 injuries were sustained by the officer or any other person,
3 3 and the reason for such injuries. The data shall also include
3 4 the name of the police officer making the stop. The bill
3 5 provides that the information shall be collected from the
3 6 driver's license or based upon the perceptions of the officer.
3 7 The bill does not require an officer to question a driver
3 8 about information collected pursuant to the bill. The bill
3 9 does require that an officer furnish a business card to the
3 10 driver, which contains the name and telephone number of the
3 11 law enforcement agency employing the officer, and the name of
3 12 the officer.
3 13 The bill may include a state mandate as defined in Code
3 14 section 25B.3. The bill makes inapplicable Code section
3 15 25B.2, subsection 3, which would relieve a political
3 16 subdivision from complying with a state mandate if funding for
3 17 the cost of the state mandate is not provided or specified.
3 18 Therefore, political subdivisions are required to comply with
3 19 any state mandate included in the bill.
3 20 LSB 1731XS 79
3 21 jm/cf/24
Text: SF00141 Text: SF00143 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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