Text: SSB03020 Text: SSB03022 Text: SSB03000 - SSB03099 Text: SSB 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 agency 1 10 officers for alleged traffic violations. The department and 1 11 local law enforcement agencies shall furnish data to the 1 12 central repository about each motor vehicle stop. The 1 13 individual data of the driver to be collected shall include, 1 14 but is not limited to, the driver's race, ethnicity or 1 15 national origin, age, and gender. The individual data of the 1 16 driver shall be obtained from the driver's license or based 1 17 upon the perceptions of the peace officer responsible for 1 18 collecting the data. However, the peace officer shall not be 1 19 required to question the driver about the driver's individual 1 20 data. The data shall include the name of the peace officer 1 21 who stopped the vehicle, whether a search of the vehicle was 1 22 conducted, if the search was conducted with the consent of the 1 23 driver or based on probable cause, and the type of any 1 24 property seized. The data shall also include whether a 1 25 citation was issued or an arrest was made, the type of 1 26 citation issued or the basis for the arrest, and whether any 1 27 injuries were sustained by the officer or any other person and 1 28 the reason for such injuries. 1 29 2. A peace officer shall furnish a business card to the 1 30 driver of any vehicle stopped. The card shall contain the 1 31 name and telephone number of the law enforcement agency 1 32 employing the officer, and the name of the officer. 1 33 3. The department shall adopt rules pursuant to chapter 1 34 17A to administer this section. 1 35 4. The department shall submit an annual report to the 2 1 general assembly by January 31 of each year based upon the 2 2 information collected from the department and local law 2 3 enforcement agencies. 2 4 Sec. 3. NEW SECTION. 804.8A MOTOR VEHICLE STOP BY PEACE 2 5 OFFICER. 2 6 1. A peace officer shall have a legitimate purpose for 2 7 stopping a motor vehicle. A peace officer shall not stop a 2 8 motor vehicle based wholly on the race, ethnicity, or national 2 9 origin of the driver. 2 10 2. A peace officer who violates this section commits a 2 11 simple misdemeanor punishable as a scheduled violation under 2 12 section 805.8A, subsection 14, paragraph "j". 2 13 Sec. 4. Section 331.653, Code Supplement 2001, is amended 2 14 by adding the following new subsection: 2 15 NEW SUBSECTION. 44. Furnish data to the department of 2 16 public safety concerning motor vehicle stops pursuant to 2 17 section 80.40. 2 18 Sec. 5. NEW SECTION. 364.22B DATA COLLECTION. 2 19 The chief of police shall furnish motor vehicle stop data 2 20 to the department of public safety pursuant to section 80.40. 2 21 Sec. 6. Section 690.1, Code 2001, is amended to read as 2 22 follows: 2 23 690.1 CRIMINAL IDENTIFICATION AND MOTOR VEHICLE STOP DATA. 2 24 The commissioner of public safety may provide in the 2 25 department a bureau of criminal identification. The 2 26 commissioner may adopt rules for thesamebureau. The sheriff 2 27 of each county and the chief of police of each city shall 2 28 furnish to the department criminal identification records, 2 29 motor vehicle stop data pursuant to section 80.40, and other 2 30 information as directed by the commissioner of public safety. 2 31 Sec. 7. Section 805.8A, subsection 14, Code Supplement 2 32 2001, is amended by adding the following new paragraph: 2 33 NEW PARAGRAPH. j. MOTOR VEHICLE STOP VIOLATIONS BY PEACE 2 34 OFFICERS. For a violation under section 804.8A, the scheduled 2 35 fine is one hundred dollars. 3 1 Sec. 8. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 2 3, shall not apply to this Act. 3 3 EXPLANATION 3 4 This bill establishes a central repository in the 3 5 department of public safety for the purpose of collecting and 3 6 disseminating information about motor vehicle stops, and 3 7 provides a penalty for illegal stops. 3 8 The bill provides that the personnel of the department of 3 9 public safety and of local law enforcement agencies making a 3 10 traffic stop shall collect information which shall include, 3 11 but is not limited to, the driver's race or ethnicity, age, 3 12 gender, whether a search of the vehicle was conducted with the 3 13 consent of the driver or based on probable cause, and the type 3 14 of any property seized. The data collected shall include 3 15 whether a citation was issued or an arrest was made, the type 3 16 of citation issued or the basis for the arrest, whether any 3 17 injuries were sustained by the officer or any other person, 3 18 and the reason for such injuries. The data shall also include 3 19 the name of the police officer making the stop. The bill 3 20 provides that the information shall be collected from the 3 21 driver's license or based upon the perceptions of the officer. 3 22 The bill does not require an officer to question a driver 3 23 about information collected pursuant to the bill. The bill 3 24 does require that an officer furnish a business card to the 3 25 driver, which contains the name and telephone number of the 3 26 law enforcement agency employing the officer, and the name of 3 27 the officer. 3 28 The bill creates a new criminal offense for certain illegal 3 29 motor vehicle stops by a peace officer. The bill provides 3 30 that a peace officer commits a simple misdemeanor punishable 3 31 as a scheduled violation if the officer stops a motor vehicle 3 32 based wholly on the race, ethnicity, or national origin of the 3 33 driver. The bill establishes the scheduled fine of $100. 3 34 The bill may include a state mandate as defined in Code 3 35 section 25B.3. The bill makes inapplicable Code section 4 1 25B.2, subsection 3, which would relieve a political 4 2 subdivision from complying with a state mandate if funding for 4 3 the cost of the state mandate is not provided or specified. 4 4 Therefore, political subdivisions are required to comply with 4 5 any state mandate included in the bill. 4 6 LSB 5417SC 79 4 7 jm/cf/24
Text: SSB03020 Text: SSB03022 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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