H.F. 495 Section 1. NEW SECTION . 13D.1 Racial profiling —— citizens’ 1 review board —— remedies and disciplinary action —— data 2 collection. 3 1. As used in this section, unless the context otherwise 4 requires: 5 a. “Law enforcement agency” means any state, local, or 6 tribal law enforcement agency engaged in the prevention, 7 detection, or investigation of violations of criminal, 8 immigration, or customs laws. “Law enforcement agency” also 9 includes a private security business licensed under chapter 10 80A, or any other agency providing security at a place of 11 business. 12 b. “Racial profiling” means the practice of a security agent 13 or law enforcement agency relying, to any degree, on race, 14 ethnicity, national origin, or religion in selecting which 15 individuals are subject to routine or spontaneous investigatory 16 activities or in deciding upon the scope and substance of 17 law enforcement activity following the initial investigatory 18 procedure, except when there is trustworthy information, 19 relevant to the locality and time frame, that links a person of 20 a particular race, ethnicity, national origin, or religion to 21 an identified criminal incident or scheme. 22 c. “Security agent” means a peace officer as defined in 23 section 801.4, subsection 11, paragraph “a” , “b” , “c” , “f” , 24 “g” , or “h” , a certified law enforcement officer under section 25 80B.18, a person who is an employee or agent of a private 26 security business licensed under chapter 80A, or any other 27 person who is designated to provide security at a business. 28 2. A security agent or law enforcement agency shall not 29 engage in racial profiling. 30 3. a. The state and each political subdivision of the 31 state shall establish a citizens’ review board to review 32 complaints of racial profiling made against a law enforcement 33 agency or security agent within their respective jurisdiction. 34 The majority of the membership of each board shall consist 35 -1- LSB 1545YH (8) 86 jm/nh 1/ 13

H.F. 495 of people from minority groups disproportionately impacted 1 by racial profiling and persons who are not security agents. 2 Each board shall establish policies and procedures designed to 3 assist in the elimination of racial profiling. 4 b. After review of a racial profiling complaint, a board 5 shall inform the complainant of any possible remedies that may 6 be available to the complainant. The findings of the citizens’ 7 review board shall be admissible in any criminal or civil 8 proceeding. 9 4. A person or the department of justice may bring an action 10 in district court to enjoin a violation of this section. 11 5. a. If a citizens’ review board finds that a security 12 agent who is a peace officer or certified law enforcement 13 officer described in subsection 1, paragraph “c” , engaged in 14 racial profiling, the citizens’ review board shall notify the 15 law enforcement agency with whom the security agent is employed 16 and the law enforcement agency shall initiate procedures to 17 suspend the security agent from performing the security agent’s 18 official duties. If such security agent is found to have 19 engaged in racial profiling a second time by the board, the law 20 enforcement agency shall initiate procedures to suspend the 21 security agent for a longer period than the first suspension. 22 Upon a third or subsequent finding that such security agent 23 has engaged in racial profiling, the law enforcement agency 24 shall initiate procedures to dismiss the security agent from 25 performing the official duties of the agent. 26 b. If the security agent is an employee or agent of a 27 private security business licensed under chapter 80A, or 28 any other person who is designated to provide security at a 29 business, and the board finds the security agent engaged in 30 racial profiling, the board shall notify the security agent 31 that the security agent has engaged in racial profiling. The 32 board shall also provide notification to the employer of the 33 agent, if applicable, and the place of business where the 34 security agent provides security. 35 -2- LSB 1545YH (8) 86 jm/nh 2/ 13

H.F. 495 6. Notwithstanding any other provision of law to the 1 contrary, prior to receiving any moneys from the state, 2 whether through a grant or otherwise, a law enforcement agency 3 shall certify that the agency maintains adequate policies and 4 procedures for eliminating any existing practices that permit 5 or encourage racial profiling. 6 7. a. The department of justice may enter into contracts 7 for the collection of data relating to racial profiling and 8 for the development of best practices and systems to eliminate 9 racial profiling. 10 b. The department of justice shall adopt rules pursuant 11 to chapter 17A for the collection and compilation of data on 12 racial profiling and for the implementation of this section. 13 Sec. 2. Section 22.7, subsection 5, Code 2015, is amended 14 to read as follows: 15 5. Peace officers’ investigative reports, and specific 16 portions of electronic mail and telephone billing records of 17 law enforcement agencies if that information is part of an 18 ongoing investigation, except where disclosure is authorized 19 elsewhere in this Code. However, the date, time, specific 20 location, and immediate facts and circumstances surrounding a 21 crime or incident shall not be kept confidential under this 22 section , except in those unusual circumstances where disclosure 23 would plainly and seriously jeopardize an investigation or pose 24 a clear and present danger to the safety of an individual. 25 Specific portions of electronic mail and telephone billing 26 records may only be kept confidential under this subsection if 27 the length of time prescribed for commencement of prosecution 28 or the finding of an indictment or information under the 29 statute of limitations applicable to the crime that is under 30 investigation has not expired. The contents of a body camera 31 recording shall be kept confidential and the release of the 32 contents of such a recording shall be governed by section 33 80C.1. 34 Sec. 3. NEW SECTION . 80C.1 Peace officer body cameras —— 35 -3- LSB 1545YH (8) 86 jm/nh 3/ 13

H.F. 495 requirement —— confidentiality. 1 1. As used in this section unless the context otherwise 2 requires: 3 a. “Agency” means a law enforcement agency. 4 b. “Body camera” means an electronic device that is capable 5 of recording video and audio data or capable of transmitting 6 video and audio data to be recorded remotely, and is worn on 7 the person of a peace officer, which includes being attached to 8 the officer’s clothing or worn on glasses. 9 c. “Peace officer” means a peace officer defined in section 10 801.4, subsection 11, paragraphs “a” , “b” , “c” , “f” , “g” , 11 “h” , and “ i” . “Peace officer” also includes a certified law 12 enforcement officer under section 80B.18. 13 2. A peace officer shall wear a body camera at all times 14 while on duty and in uniform and shall record using the camera 15 all interactions with people in the performance of the official 16 duties of the peace officer from the beginning to the end of 17 those interactions. 18 3. A body camera shall be worn on the chest or at the eye 19 level of the peace officer. 20 4. A body camera shall not contain facial recognition 21 technology unless the use of such technology has been 22 authorized by the court pursuant to an arrest warrant or a 23 search warrant. 24 5. A peace officer shall inform a person when that person 25 is being recorded by a body camera unless informing the person 26 would be unsafe, impractical, or impossible. 27 a. If a peace officer wearing a body camera enters a 28 residence without a warrant or where no exigent circumstances 29 exist, the peace officer shall immediately ask whether the 30 resident desires the peace officer to stop the body camera 31 recording while the peace officer is in the residence. If the 32 resident responds in the affirmative, the peace officer shall 33 stop the body camera recording. The peace officer shall record 34 the question required by this paragraph and any answer to the 35 -4- LSB 1545YH (8) 86 jm/nh 4/ 13

H.F. 495 question. 1 b. If a peace officer wearing a body camera interacts with 2 a person reporting a crime, providing information regarding 3 a crime or ongoing investigation, or claiming to be a victim 4 of a crime, the peace officer shall immediately ask whether 5 the person desires the peace officer to stop the body camera 6 recording of the interaction. If the person responds in the 7 affirmative, the peace officer shall stop the body camera 8 recording. The peace officer shall record the question 9 required by this paragraph and any answer to the question. 10 6. a. Except as otherwise provided in this subsection, an 11 agency shall retain the contents of a recording created by a 12 body camera for thirty days. 13 b. An agency shall retain the contents of a recording 14 created by a body camera for three years if any of the 15 following apply: 16 (1) The recording depicts an incident involving the use of 17 force. 18 (2) The recording depicts an incident that leads to 19 detention or arrest of a person. 20 (3) The recording is relevant to a formal or informal 21 complaint against a peace officer or agency. 22 (4) A request regarding the recording has been made pursuant 23 to paragraph “e” . 24 c. If the contents of a recording created by a body camera 25 may be used in a criminal prosecution, the agency shall retain 26 the contents of such recording in the same manner as other 27 evidence in the criminal prosecution and the time period to 28 retain the contents of the recording under paragraph “a” or “b” 29 shall be extended to equal the time period for the retention of 30 other evidence that may be use in the criminal prosecution. 31 d. An agency shall post on the public internet site of the 32 agency its policies relating to the retention of recordings 33 created by body cameras, requests for the retention of the 34 recordings, and requests for copies of such recordings. 35 -5- LSB 1545YH (8) 86 jm/nh 5/ 13

H.F. 495 e. (1) A person described in subparagraph (3) may request 1 that the contents of a recording created by a body camera be 2 retained by the agency for three years. Such a person is not 3 required to file a complaint or the contents of the recording 4 are not required to be part of an investigation in order for a 5 person to make a request under this paragraph. 6 (2) A person described in subparagraph (3) may view and make 7 a copy of the contents of a recording created by a body camera. 8 The agency retaining the contents of the recording shall 9 provide such a person with a copy of the requested recording. 10 (3) Any of the following persons may make a request that the 11 contents of a recording created by a body camera be retained 12 under paragraph “b” : 13 (a) A person who is part of the content of the recording. 14 (b) A person whose property has been seized or damaged in 15 relation to, or is otherwise involved with, a crime that is 16 related to the recording. 17 (c) A parent or legal guardian of a person described in 18 subparagraph division (a) or (b). 19 (d) An attorney for a person described in subparagraph 20 division (a) or (b). 21 (e) Any other person if the person described in subparagraph 22 division (a) or (b) has given written authority to the agency 23 to disclose the contents of the recording to the other person. 24 f. A person, who is not a part of the content of a recording 25 created by a body camera, may request a copy of such recording 26 if each person who is part of the content of such a recording 27 consents in writing. If consent is obtained, the agency shall 28 provide the requesting person with a copy of the contents of 29 such a recording. 30 g. Prior to deleting or disposing of the contents of a 31 recording created by a body camera, the person who has the 32 responsibility of deleting or disposing of such a recording on 33 behalf of the agency, shall review all applicable and available 34 records, files, and databases to ascertain whether any reason 35 -6- LSB 1545YH (8) 86 jm/nh 6/ 13

H.F. 495 exists that the recording should not be deleted or disposed of 1 under this section or under the policies of the agency. The 2 contents of such a recording shall not be deleted or disposed 3 of if such a reason exists. 4 7. A peace officer who fails to record any interaction as 5 required by this section or who fails to stop recording an 6 interaction as required by this section shall be considered 7 to have committed a violation of this section. For a first 8 violation a peace officer shall be given a written reprimand. 9 For a second or subsequent violation the peace officer shall 10 be suspended until an investigation into the cause of the 11 violation has been completed. 12 8. If an agency is unable to produce a body camera recording 13 during a criminal prosecution or civil action which is required 14 to be made and retained pursuant to this section, a rebuttable 15 presumption arises that the recording would corroborate the 16 version of the facts advanced by the defendant in the criminal 17 action or the party opposing the peace officer or agency in the 18 civil action. 19 9. The agency shall participate in any existing state or 20 federal programs that fund or supplement the costs to purchase 21 and maintain body cameras worn by peace officers. 22 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 23 3, shall not apply to this Act. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to racial profiling by security agents and 28 requires peace officers to wear body cameras. 29 RACIAL PROFILING —— CITIZENS’ REVIEW BOARD. The bill 30 defines “racial profiling” to mean the practice of a security 31 agent or law enforcement agency relying, to any degree, on 32 race, ethnicity, national origin, or religion in selecting 33 which individuals are subject to routine or spontaneous 34 investigatory activities or in deciding upon the scope and 35 -7- LSB 1545YH (8) 86 jm/nh 7/ 13

H.F. 495 substance of law enforcement activity following the initial 1 investigatory procedure, except when there is trustworthy 2 information, relevant to the locality and time frame, that 3 links a person of a particular race, ethnicity, national 4 origin, or religion to an identified criminal incident or 5 scheme. The bill defines “security agent” to mean a peace 6 officer as defined in Code section 801.4(11)(a), (b), (c), 7 (f), (g), or (h), a certified law enforcement officer under 8 Code section 80B.18, a person who is an employee or agent of 9 a private security business licensed under Code chapter 80A, 10 or any other person who is designated to provide security at a 11 business. The bill also defines “law enforcement agency” to 12 mean any state, local, or tribal law enforcement agency engaged 13 in the prevention, detection, or investigation of violations 14 of criminal, immigration, or customs laws. “Law enforcement 15 agency” also includes a private security business licensed 16 under Code chapter 80A, or any other person providing security 17 at a place of business. 18 The bill prohibits a security agent or law enforcement 19 agency from engaging in racial profiling. 20 The bill requires the state and each political subdivision 21 of the state to establish a citizens’ review board to review 22 complaints of racial profiling made against a law enforcement 23 agency or security agent within their respective jurisdiction. 24 The majority of the membership of the board shall consist of 25 people from minority groups disproportionately impacted by 26 racial profiling and persons who are not security agents. The 27 board shall establish policies and procedures designed to 28 assist in the elimination of racial profiling. 29 The bill provides that the citizens’ review board shall 30 inform the complainant of any possible remedies that may be 31 available to the complainant. The bill specifies that the 32 findings of the citizens’ review board shall be admissible in 33 any criminal or civil proceeding. 34 If a citizens’ review board finds that a security agent 35 -8- LSB 1545YH (8) 86 jm/nh 8/ 13

H.F. 495 who is a peace officer or certified law enforcement officer 1 engaged in racial profiling, the bill requires that the board 2 notify the agency employing the security agent and the agency 3 shall initiate procedures to suspend the security agent from 4 performing the security agent’s official duties. If such 5 security agent is found to have engaged in racial profiling 6 a second time by the board, the bill requires the agency to 7 initiate procedures to suspend the security agent for a longer 8 period than the first suspension. Upon a third or subsequent 9 finding that such security agent has engaged in racial 10 profiling, the agency shall initiate procedures to dismiss 11 the security agent from performing the official duties of the 12 agent. 13 If the security agent is an employee or agent of a private 14 security business licensed under Code chapter 80A, or any other 15 person who is designated to provide security at a business, 16 and the board finds the security agent engaged in racial 17 profiling, the bill requires the board to notify the security 18 agent that the security agent has engaged in racial profiling. 19 The bill also provides that the citizens’ review board shall 20 also provide such notification to the employer of the agent, if 21 applicable, and the place of business where the security agent 22 provides security. 23 The bill specifies that a person or the department of justice 24 may bring an action to enjoin a violation of the bill. 25 Prior to a law enforcement agency receiving moneys from the 26 state, the bill requires the agency to certify that the agency 27 maintains adequate policies and procedures for eliminating any 28 existing practices that permit or encourage racial profiling. 29 The department of justice may enter into contracts for the 30 collection of data relating to the bill and for the development 31 of best practices and systems to eliminate racial profiling. 32 The bill specifies that the department of justice shall 33 adopt rules pursuant to Code chapter 17A for the collection 34 and compilation of data on racial profiling and for the 35 -9- LSB 1545YH (8) 86 jm/nh 9/ 13

H.F. 495 implementation of the bill. 1 BODY CAMERAS. The bill defines “agency” to mean a law 2 enforcement agency. 3 The bill defines “body camera” to mean an electronic device 4 that is capable of recording video and audio data or capable of 5 transmitting video and audio data to be recorded remotely, and 6 is worn on the person of a peace officer. 7 The body camera requirement applies to a county sheriff 8 or deputy sheriff, city peace officer, peace officer member 9 of the department of public safety, peace officer at a 10 regents institution, conservation officer, an employee of the 11 department of transportation designated as a peace officer, 12 an employee of an aviation authority designated as a peace 13 officer, and a certified tribal law enforcement officer. 14 The bill requires a peace officer to wear a body camera 15 at all times while on duty and in uniform. The bill further 16 requires that the peace officer record all interactions with 17 people in the performance of the official duties of the peace 18 officer from the beginning to the end of those interactions. 19 The bill specifies that a body camera must be worn on the 20 chest or at the eye level of the peace officer. 21 The bill prohibits a body camera from containing facial 22 recognition technology unless the use of such technology has 23 been authorized by the court pursuant to an arrest or search 24 warrant. 25 The bill requires a peace officer to inform a person when 26 that person is being recorded by a body camera unless informing 27 the person would be unsafe, impractical, or impossible. 28 If a peace officer who is wearing a body camera enters a 29 residence without a warrant or where no exigent circumstances 30 exist, the bill requires that the peace officer immediately ask 31 whether the resident desires the peace officer to stop the body 32 camera recording while the peace officer is in the residence. 33 If the person responds in the affirmative, the bill requires 34 the peace officer to stop the body camera recording. The bill 35 -10- LSB 1545YH (8) 86 jm/nh 10/ 13

H.F. 495 also requires the peace officer to record the question and any 1 answer to the question. 2 If a peace officer wearing a body camera interacts with a 3 person reporting a crime, providing information regarding a 4 crime or ongoing investigation, or claiming to be a victim of a 5 crime, the bill requires the peace officer to immediately ask 6 whether the person desires the peace officer to stop the body 7 camera recording of the interaction. If the person responds in 8 the affirmative, the bill requires the peace officer to stop 9 the body camera recording. The bill also requires the peace 10 officer to record the question and any answer to the question. 11 The contents of a recording created by a body camera are 12 confidential except as provided for in the bill. 13 The bill requires that an agency shall retain the contents 14 of a recording created by a body camera for 30 days. However, 15 an agency shall retain the contents of a recording created by 16 a body camera for three years if any of the following apply: 17 the recording depicts an incident involving the use of force; 18 the recording depicts an incident that leads to detention or 19 arrest of a person; the recording is relevant to a formal 20 or informal complaint against a peace officer or agency; or 21 a request has been made to retain the recording. Under the 22 bill, the contents of the recording may be retained even longer 23 than three years if the contents may be relevant to a criminal 24 prosecution. 25 Any of the following persons may make a request that the 26 contents of a recording created by a body camera be retained 27 for three years: a person who is a part of the content of the 28 recording; a person whose property has been seized or damaged 29 in relation to, or is otherwise involved with, a crime that is 30 related to the recording; a parent or guardian of a person who 31 is part of the content of the recording or whose property was 32 seized, damaged, or involved with a crime that is related to 33 the recording; the attorney for a person who is part of the 34 content of the recording or whose property was seized, damaged, 35 -11- LSB 1545YH (8) 86 jm/nh 11/ 13

H.F. 495 or involved with a crime that is related to the recording; any 1 other person if such person has been given written authority 2 to disclose the contents of the recording by the person who 3 is part of the content of the recording or whose property was 4 seized or damaged. 5 The bill provides that a person, who is not a part of the 6 content of a recording created by a body camera, may request a 7 copy of and receive such recording if each person who is part 8 of the content of the recording consents in writing. 9 Prior to deleting or disposing of the contents of a recording 10 created by a body camera, the bill requires the person who has 11 the responsibility of deleting or disposing of such a recording 12 on behalf of the agency, to review all applicable and available 13 records, files, and databases to ascertain whether any reason 14 exists that the recording should not be disposed of or deleted. 15 A peace officer who fails to record any interaction with 16 a person or who fails to stop recording such interaction 17 as required by the bill commits a violation. For a first 18 violation of the bill a peace officer shall be given a written 19 reprimand. For a second or subsequent violation of the bill 20 the peace officer shall be suspended until an investigation 21 into the cause of the violation has been completed. 22 The bill also provides that if an agency is unable to produce 23 a body camera recording during a criminal prosecution or civil 24 action, a rebuttable presumption arises that the recording 25 would corroborate the version of the facts advanced by the 26 defendant in the criminal action or the party opposing the 27 peace officer or agency in the civil action. 28 The bill specifies that an agency shall participate in any 29 existing state or federal programs that fund or supplement 30 the costs to purchase and maintain body cameras worn by peace 31 officers. 32 The bill may include a state mandate as defined in Code 33 section 25B.3. The bill makes inapplicable Code section 25B.2, 34 subsection 3, which would relieve a political subdivision from 35 -12- LSB 1545YH (8) 86 jm/nh 12/ 13