House File 214
HOUSE FILE
BY SHOULTZ and BERRY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to law enforcement stops and searches by
2 establishing a central repository in the department of public
3 safety for the purpose of collecting and disseminating
4 information about motor vehicle stops, and providing that
5 every law enforcement agency adopt a written policy
6 prohibiting stops and searches which constitute a violation of
7 the civil rights of the person.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
9 TLSB 2116HH 80
10 jm/sh/8
PAG LIN
1 1 Section 1. Section 80.9, subsection 2, Code 2003, 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 RACIAL PROFILING == DATA
1 6 COLLECTION.
1 7 1. Every law enforcement agency in this state shall adopt
1 8 a written policy that prohibits the stopping, detention, or
1 9 search of any person or vehicle when the stop or search is
1 10 solely motivated by a person's perceived race, color,
1 11 ethnicity, national origin, age, gender, religion, or sexual
1 12 orientation, and the action would constitute a violation of
1 13 the civil rights of the person.
1 14 2. The department of public safety shall establish a
1 15 central repository for the collection and dissemination of
1 16 data and information pertaining to motor vehicles stopped by
1 17 departmental personnel and local law enforcement agencies for
1 18 alleged traffic violations. The department and local law
1 19 enforcement agencies shall furnish data to the central
1 20 repository about each motor vehicle stop. The individual data
1 21 of the driver to be collected shall include, but is not
1 22 limited to, the driver's race or ethnicity, age, and gender.
1 23 The individual data of the driver shall be obtained from the
1 24 driver's license or based upon the perceptions of the peace
1 25 officer responsible for collecting the data. However, the
1 26 peace officer shall not be required to question the driver
1 27 about the driver's individual data. The data shall include
1 28 whether a search of the vehicle was conducted, if the search
1 29 was conducted with the consent of the driver or based on
1 30 probable cause, and the type of any property seized. The data
1 31 shall also include whether a citation was issued or an arrest
1 32 was made, and the type of citation issued or the basis for the
1 33 arrest.
1 34 3. The department shall adopt rules pursuant to chapter
1 35 17A to administer this section.
2 1 4. The department shall submit an annual report to the
2 2 general assembly by January 31 of each year based upon the
2 3 information collected from the department and local law
2 4 enforcement agencies.
2 5 Sec. 3. Section 331.653, Code 2003, is amended by adding
2 6 the following new subsection:
2 7 NEW SUBSECTION. 44. Furnish data to the department of
2 8 public safety concerning motor vehicle stops pursuant to
2 9 section 80.40.
2 10 Sec. 4. NEW SECTION. 364.22B DATA COLLECTION.
2 11 The chief of police shall furnish data to the department of
2 12 public safety concerning motor vehicle stops pursuant to
2 13 section 80.40.
2 14 Sec. 5. Section 690.1, Code 2003, is amended to read as
2 15 follows:
2 16 690.1 CRIMINAL IDENTIFICATION AND MOTOR VEHICLE STOP DATA.
2 17 The commissioner of public safety may provide in the
2 18 department a bureau of criminal identification. The
2 19 commissioner may adopt rules for the same. The sheriff of
2 20 each county and the chief of police of each city shall furnish
2 21 to the department criminal identification records, motor
2 22 vehicle stop data pursuant to section 80.40, and other
2 23 information as directed by the commissioner of public safety.
2 24 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection
2 25 3, shall not apply to this Act.
2 26 EXPLANATION
2 27 This bill establishes a central repository in the
2 28 department of public safety for the purpose of collecting and
2 29 disseminating information about motor vehicle stops and
2 30 searches and provides that every law enforcement agency adopt
2 31 a written policy prohibiting stops and searches which
2 32 constitute a violation of the civil rights of the person.
2 33 The bill provides that the department of public safety and
2 34 local law enforcement agencies making a traffic stop shall
2 35 collect information which shall include, but is not limited
3 1 to, the driver's race or ethnicity, age, gender, whether a
3 2 search of the vehicle was conducted with the consent of the
3 3 driver or based on probable cause, and the type of any
3 4 property seized. The data collected shall include whether a
3 5 citation was issued or an arrest was made, and the type of
3 6 citation issued or the basis for the arrest. The bill
3 7 provides that the information shall be collected from the
3 8 driver's license or based upon the perceptions of the officer.
3 9 The bill does not require an officer to question a driver
3 10 about information collected pursuant to the bill.
3 11 The bill provides that the information collected by the
3 12 department of public safety pursuant to this bill shall be
3 13 submitted to the general assembly in the form of an annual
3 14 report by January 31 of each year.
3 15 The bill may include a state mandate as defined in Code
3 16 section 25B.3. The bill makes inapplicable Code section
3 17 25B.2, subsection 3, which would relieve a political
3 18 subdivision from complying with a state mandate if funding for
3 19 the cost of the state mandate is not provided or specified.
3 20 Therefore, political subdivisions are required to comply with
3 21 any state mandate included in the bill.
3 22 LSB 2116HH 80
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