Senate
File
534
S-3068
Amend
the
amendment,
S-3063,
to
Senate
File
534
as
follows:
1
1.
Page
1,
after
line
2
by
inserting:
2
<
___.
Page
1,
before
line
13
by
inserting:
3
1.
Page
1,
after
line
12
by
inserting:
4
<
Sec.
___.
NEW
SECTION
.
80I.1
Purpose
——
construction.
5
It
is
the
purpose
of
this
chapter
to
prohibit
disparate
6
treatment
in
law
enforcement,
including
racial
and
ethnic
7
profiling,
to
foster
trust
and
cooperation
with
law
enforcement
8
in
Iowa
communities
and
to
create
a
safer
state
for
all
Iowans.
9
Sec.
___.
NEW
SECTION
.
80I.2
Definitions.
10
As
used
in
this
chapter,
unless
the
context
otherwise
11
requires:
12
1.
“Board”
means
the
justice
and
community
policing
advisory
13
board
established
in
section
216A.132.
14
2.
“Disparate
treatment”
means
differential
treatment
of
15
a
person
on
the
basis
of
personal
demographics.
“Disparate
16
treatment”
does
not
include
reliance
on
a
specific
subject
17
description-based
identification.
18
3.
“Law
enforcement
activities”
means
activities
performed
19
by
law
enforcement
officers
including
but
not
limited
to
20
noncustodial
questioning;
interviews;
vehicle,
bicycle,
21
pedestrian,
check
point
and
roadblock
stops;
frisks
and
22
other
types
of
body
searches;
consensual
and
nonconsensual
23
searches
of
a
person
or
the
property
of
a
person;
consensual
24
and
nonconsensual
home
searches;
and
in-person
or
electronic
25
contact
with
potential
victims
of
and
witnesses
to
a
crime.
26
With
regard
to
vehicle,
bicycle,
and
pedestrian
stops,
“law
27
enforcement
activities”
includes
not
only
law
enforcement
28
actions
that
occur
when
initiating
a
stop
but
also
law
29
enforcement
actions
that
occur
during
the
course
of
a
30
stop,
including
asking
questions,
frisks,
consensual
and
31
nonconsensual
searches
of
a
person
or
any
property
of
a
person,
32
seizing
any
property,
removing
occupants
from
a
motor
vehicle
33
during
a
traffic
stop,
issuing
a
warning
or
citation,
and
34
making
an
arrest.
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4.
“Law
enforcement
agency”
means
any
agency,
department,
or
1
division
of
a
municipal
corporation,
political
subdivision,
or
2
other
unit
of
local
government
of
this
state,
and
any
agency,
3
department,
or
division
of
state
government,
having
as
its
4
primary
function
the
prevention
and
detection
of
crime
and
the
5
enforcement
of
the
criminal
laws
of
this
state.
6
5.
“Law
enforcement
officer”
means
the
same
as
defined
in
7
section
80B.3.
8
6.
“Law
enforcement
services”
means
activities
that
9
contribute
to
the
overall
well-being
and
safety
of
the
10
public
to
include
but
not
be
limited
to
crime
prevention
and
11
investigation,
preventative
patrols,
traffic
control,
traffic
12
accident
response,
medical
emergency
services
and
lifesaving
13
services,
assistance
at
fire
scenes,
and
public
information
and
14
education.
15
7.
“Personal
demographics”
means
personal
characteristics
16
which
include
but
are
not
limited
to
race,
creed,
color,
17
national
origin,
ethnicity,
religion,
sex,
gender
identity
or
18
expression,
sexual
orientation,
physical
or
mental
disability,
19
or
any
other
identifiable
characteristics.
20
8.
“Specific
subject
description-based
identification”
21
means
a
reasonably
detailed
description
of
a
specific
person
22
including
personal
identifying
characteristics
of
a
potential
23
suspect
or
victim,
including
personal
demographics.
24
9.
“Stop”
means
the
detention
or
temporary
detention
of
25
a
person
by
a
law
enforcement
officer,
regardless
of
whether
26
a
written
warning
or
ticket
is
issued,
an
arrest
is
made,
27
a
verbal
warning
is
given,
or
the
person
is
released
from
28
detention
or
temporary
detention.
29
Sec.
___.
NEW
SECTION
.
80I.3
Disparate
treatment
30
prohibited.
31
1.
A
state
or
local
law
enforcement
officer
or
civilian
32
employee
of
a
law
enforcement
agency
performing
law
enforcement
33
activities
or
delivering
law
enforcement
services
shall
not
34
engage
in
the
disparate
treatment
of
any
person.
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2.
A
law
enforcement
officer
shall
not
engage
in
disparate
1
treatment
when
detaining
a
person,
conducting
a
stop,
or
2
engaging
in
any
other
interactions
with
a
person
subsequent
to
3
a
stop.
4
Sec.
___.
NEW
SECTION
.
80I.4
Data
collection
and
reporting.
5
1.
Each
state
and
local
law
enforcement
agency
shall
6
collect
and
compile
data
on
every
stop
conducted
by
a
law
7
enforcement
officer
during
a
calendar
year,
and
shall
submit
8
an
annual
report,
no
later
than
November
1,
to
the
division
of
9
criminal
and
juvenile
justice
planning
of
the
department
of
10
human
rights.
The
following
information
shall
be
collected,
11
compiled,
and
reported
when
a
law
enforcement
officer
stops
a
12
person
and
requests
the
person’s
identification:
13
a.
The
time,
date,
and
location
of
the
stop.
14
b.
The
nature
of
the
alleged
law
violation
that
resulted
in
15
the
stop.
16
c.
Whether
an
arrest
was
made.
17
d.
Whether
a
search
was
conducted
as
a
result
of
the
stop.
18
e.
Whether
an
oral
or
written
warning
was
given
or
a
19
citation
was
issued.
20
f.
The
offense
the
person
was
arrested
for,
if
applicable.
21
g.
The
identifying
characteristics
of
the
person
including
22
the
person’s
race
or
ethnicity,
sex,
and
age.
23
h.
Any
other
information
which
the
law
enforcement
officer
24
or
law
enforcement
agency
considers
appropriate.
25
2.
In
consultation
with
law
enforcement
agencies,
the
26
board,
the
department
of
public
safety,
and
the
division
of
27
criminal
and
juvenile
justice
planning
of
the
department
of
28
human
rights
shall
develop
a
uniform
manner
for
each
law
29
enforcement
agency
to
report
the
information
described
in
30
subsection
1.
31
Sec.
___.
NEW
SECTION
.
80I.5
Data
analysis.
32
The
division
of
criminal
and
juvenile
justice
planning
of
33
the
department
of
human
rights
shall
compile
all
data
reported
34
pursuant
to
section
80I.4,
analyze
the
data
in
a
timely
manner,
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and
provide
an
analysis
of
the
data
along
with
the
compiled
1
data
to
the
board
no
later
than
December
1
of
each
year.
The
2
report
shall
be
accessible
to
the
public
from
a
prominent
place
3
on
the
board’s
website.
4
Sec.
___.
NEW
SECTION
.
80I.6
Investigations
——
civil
5
remedies.
6
1.
A
law
enforcement
agency
shall
investigate
all
alleged
7
violations
of
section
80I.3
administratively,
including
through
8
the
law
enforcement
agency’s
human
resource
office
or
internal
9
affairs
office.
10
2.
A
person
shall
have
the
right
to
pursue
civil
remedies
11
under
chapters
669
and
670
for
violations
of
section
80I.3.
12
Sec.
___.
Section
216A.3,
subsection
2,
paragraph
a,
Code
13
2021,
is
amended
to
read
as
follows:
14
a.
The
voting
members
shall
consist
of
nine
voting
members
15
selected
by
each
of
the
permanent
commissions
within
the
16
department,
and
two
voting
members,
appointed
by
the
governor.
17
For
purposes
of
this
paragraph
“a”
,
“permanent
commissions”
18
means
the
commission
of
Latino
affairs,
commission
on
the
19
status
of
women,
commission
of
persons
with
disabilities,
20
commission
on
community
action
agencies,
commission
of
deaf
21
services,
justice
and
community
policing
advisory
board,
22
commission
on
the
status
of
African
Americans,
commission
of
23
Asian
and
Pacific
Islander
affairs,
and
commission
of
Native
24
American
affairs.
The
term
of
office
for
voting
members
is
25
four
years.
26
Sec.
___.
Section
216A.131,
subsection
2,
Code
2021,
is
27
amended
to
read
as
follows:
28
2.
“Board”
means
the
justice
and
community
policing
advisory
29
board.
30
Sec.
___.
Section
216A.132,
subsection
1,
Code
2021,
is
31
amended
by
striking
the
subsection
and
inserting
in
lieu
32
thereof
the
following:
33
1.
A
justice
and
community
policing
advisory
board
is
34
established
consisting
of
thirty-two
members
who
shall
all
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reside
in
the
state.
1
a.
The
governor
shall
appoint
thirteen
voting
members
2
each
for
a
four-year
term
beginning
and
ending
as
provided
in
3
section
69.19
and
subject
to
confirmation
by
the
senate
as
4
follows:
5
(1)
A
sheriff
who
is
a
member
of
the
Iowa
state
sheriffs’
6
and
deputies’
association.
7
(2)
A
chief
of
police
who
is
a
member
of
the
Iowa
police
8
chiefs
association.
9
(3)
A
peace
officer
who
is
a
member
of
the
Iowa
peace
10
officers
association.
11
(4)
A
peace
officer
who
is
a
member
of
the
fraternal
order
12
of
police.
13
(5)
A
peace
officer
who
is
a
member
of
the
Iowa
state
police
14
association.
15
(6)
A
representative
from
the
Iowa-Nebraska
national
16
association
for
the
advancement
of
colored
people.
17
(7)
A
representative
from
the
American
civil
liberties
18
union
of
Iowa.
19
(8)
A
representative
from
the
Iowa
coalition
for
collective
20
change.
21
(9)
One
person
who
was
formerly
under
juvenile
court
or
22
correctional
supervision.
23
(10)
A
representative
from
the
office
of
the
state
public
24
defender.
25
(11)
A
representative
from
the
Iowa
county
attorneys
26
association.
27
(12)
Two
persons
representing
the
general
public
who
are
28
not
employed
in
any
law
enforcement,
judicial,
or
corrections
29
capacity,
including
one
person
who
is
older
than
fifteen
years
30
of
age
but
less
than
twenty-five
years
of
age.
31
b.
The
following
shall
serve
on
the
board
as
ex
officio,
32
nonvoting
members:
33
(1)
The
chairperson
of
the
commission
on
the
status
of
34
African
Americans
or
its
designee.
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(2)
The
chairperson
of
the
commission
of
Latino
affairs
or
1
its
designee.
2
(3)
The
chairperson
of
the
commission
of
Asian
and
Pacific
3
Islander
affairs
or
its
designee.
4
(4)
The
chairperson
of
the
commission
of
Native
American
5
affairs
or
its
designee.
6
(5)
The
director
of
the
department
of
human
services
or
its
7
designee.
8
(6)
The
director
of
the
department
of
public
health
or
its
9
designee.
10
(7)
The
commissioner
of
the
department
of
public
safety
or
11
its
designee.
12
(8)
The
director
of
the
Iowa
law
enforcement
academy
or
its
13
designee.
14
(9)
The
director
of
the
department
of
corrections
or
its
15
designee.
16
(10)
The
chairperson
of
the
board
of
parole
or
its
designee.
17
(11)
The
attorney
general
or
its
designee.
18
(12)
The
director
of
the
governor’s
office
of
drug
control
19
policy
or
its
designee.
20
(13)
One
member
representing
the
judicial
district
21
departments
of
correctional
services
designated
by
a
majority
22
of
the
directors
of
the
judicial
district
departments
of
23
correctional
services.
24
(14)
The
chief
justice
of
the
supreme
court
shall
designate
25
the
following:
26
(a)
One
member
who
is
a
district
judge.
27
(b)
One
member
who
is
either
a
district
associate
judge
or
28
associate
juvenile
judge.
29
(15)
The
chairperson
and
ranking
member
of
the
senate
30
committee
on
judiciary
shall
be
ex
officio,
nonvoting
members.
31
In
alternating
two-year
terms,
beginning
and
ending
as
provided
32
in
section
69.16B,
the
chairperson
and
ranking
member
of
the
33
house
committee
on
judiciary
or
of
the
house
committee
on
34
public
safety
shall
be
ex
officio,
nonvoting
members,
with
the
35
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chairperson
and
ranking
member
of
the
house
committee
on
public
1
safety
serving
during
the
term
beginning
in
January
2022.
2
Sec.
___.
Section
216A.133,
subsection
3,
paragraph
o,
Code
3
2021,
is
amended
by
adding
the
following
new
subparagraph:
4
NEW
SUBPARAGRAPH
.
(9)
Potential
disparity
in
law
5
enforcement
activities
and
the
delivery
of
law
enforcement
6
services.
7
Sec.
___.
Section
216A.133,
subsection
3,
Code
2021,
is
8
amended
by
adding
the
following
new
paragraphs:
9
NEW
PARAGRAPH
.
s.
Studying
and
making
recommendations
for
10
eliminating
disparity
in
law
enforcement
activities
and
the
11
delivery
of
law
enforcement
services.
12
NEW
PARAGRAPH
.
t.
Recommending
to
the
department
the
13
adoption
of
rules
pursuant
to
chapter
17A
as
it
deems
necessary
14
for
the
collection,
compilation,
and
reporting
of
stop
data
15
pursuant
to
section
80I.4.
16
Sec.
___.
Section
216A.135,
subsection
2,
Code
2021,
is
17
amended
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
g.
An
assessment
and
analysis
of
the
19
collection,
compilation,
and
reporting
of
stop
data
compiled
by
20
law
enforcement
agencies,
including
an
analysis
of
disparate
21
treatment
based
on
personal
demographics
across
geographic
22
areas
of
the
state,
the
past
and
current
status
of
racial
23
profiling
across
the
state,
and
the
impact
on
law
enforcement
24
stop,
search,
and
seizure
tactics.
>>
25
2.
By
renumbering
as
necessary.
26
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