Senate File 2267 - Introduced SENATE FILE 2267 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2173) A BILL FOR An Act relating to law enforcement profiling by standardizing 1 the collection and centralizing the compilation and 2 reporting of officer stop and complaint data, providing for 3 officer training, creating a community policing advisory 4 board, providing for penalties and remedies, and including 5 effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5787SV (2) 86 jm/rj

S.F. 2267 Section 1. NEW SECTION . 80G.1 Purpose —— construction. 1 The citizens of this state appreciate the hard work and 2 dedication of peace officers who risk their lives every day 3 on behalf of the citizens of this state. Instituting best 4 practices to reduce profiling ensures that all of its citizens 5 benefit from good investigatory work performed by peace 6 officers on a daily basis. 7 It is the purpose of this chapter to prohibit the use of 8 profiling and to create a safer state for all of its citizens. 9 Furthermore, the purpose of this chapter is to provide for the 10 collection of relevant data to expose profiling practices, 11 to define and implement the best practices that the citizens 12 of this state are entitled to expect from law enforcement 13 agencies, to provide officers with the proper training, and 14 to provide remedies for profiling. This chapter shall be 15 construed broadly to implement this purpose. 16 Sec. 2. NEW SECTION . 80G.2 Definitions. 17 As used in this chapter, unless the context otherwise 18 requires: 19 1. “Board” means the community policing advisory board. 20 2. “Exonerated” means an investigation’s conclusion that 21 clearly establishes that the actions of an officer that formed 22 the basis of a complaint are not a violation of law or agency 23 policy. 24 3. “Law enforcement activities” includes but is not limited 25 to any of the following: traffic, bicyclist, or pedestrian 26 stops; actions during a stop, including asking questions; 27 frisks; consensual and nonconsensual searches of an individual 28 or any property; seizing any property; removing occupants from 29 a motor vehicle during a traffic stop; issuing a citation; and 30 making an arrest. 31 4. “Not sustained” means an investigation’s conclusion 32 that sufficient evidence does not clearly prove or disprove an 33 allegation in a complaint. 34 5. “Officer” means a peace officer, as defined in section 35 -1- LSB 5787SV (2) 86 jm/rj 1/ 24

S.F. 2267 801.4, including while employed off-duty by a private employer 1 and in uniform. 2 6. “Personal identifying information” means an individual’s 3 name, address, or any other information that would allow a 4 third party to identity the individual by name. 5 7. “Pretextual stop” means a stop of a driver of a motor 6 vehicle, a bicyclist, or a pedestrian by an officer if all of 7 the following apply: 8 a. The decision to make the stop was the result of 9 discrimination based upon profiling. 10 b. The stated reason for the stop is not in fact the real 11 reason but is instead a pretext to conceal the real reason for 12 the stop. 13 c. The real reason for the stop is to enable the officer to 14 inquire into subjects about which the officer has no reasonable 15 basis to inquire or to seek information for which the officer 16 does not possess independent evidence constituting probable 17 cause or reasonable suspicion. 18 8. “Profiling” means any of the following: 19 a. A consideration of or a reliance upon, to any degree, 20 any of the following traits when deciding to initiate law 21 enforcement activities including the use and scope of such 22 activities: actual or perceived race, color, ethnicity, 23 religion, national origin, gender identity or expression, 24 sexual orientation, English language proficiency, or mental or 25 physical disability. 26 b. A pretextual stop that is the basis for discrimination. 27 9. “Specific suspect description-based identification” means 28 a reasonably detailed physical description by an officer of the 29 personal identifying characteristics of a potential suspect 30 including but not limited to age, sex, ethnicity, race, or 31 English language proficiency. 32 10. “Stop” means any of the following: 33 a. The detention of an individual by an officer, including 34 a temporary detention. 35 -2- LSB 5787SV (2) 86 jm/rj 2/ 24

S.F. 2267 b. An officer’s interaction with an individual where the 1 officer conducts a search, including a consensual search of an 2 individual’s body or property in the possession or control of 3 the individual. 4 11. “Sustained” means an investigation’s conclusion that 5 sufficient evidence proves the truth of an allegation in a 6 complaint in the complaint by a preponderance of evidence. 7 12. “Unfounded” means an investigation’s conclusion that 8 clearly establishes that an allegation is not true. 9 Sec. 3. NEW SECTION . 80G.3 Profiling —— prohibition —— 10 allowed policy and actions. 11 1. An officer shall not engage in profiling. 12 2. This section shall not prohibit any of the following: 13 a. A law enforcement agency’s policy allowing the use of 14 information that has been provided by a victim describing the 15 personal identifying characteristics of an alleged perpetrator 16 of a crime in order to seek out individuals who match that 17 description. 18 b. An action by an officer that relies upon any of the 19 following: 20 (1) A specific suspect description-based identification. 21 (2) An individual’s observed behavior linking another 22 individual to suspected unlawful activity that establishes 23 probable cause or a reasonable suspicion that criminal activity 24 is afoot. 25 (3) Other trustworthy information or circumstances, 26 relevant to the locality and time frame linking an individual 27 to suspected unlawful activity that establishes probable cause 28 or a reasonable suspicion that criminal activity is afoot. 29 Sec. 4. NEW SECTION . 80G.4 Community policing advisory 30 board —— establishment and role. 31 1. The attorney general shall establish a community 32 policing advisory board for the purpose of recognizing and 33 promoting awareness of profiling by law enforcement, providing 34 advice in the development of best practices to prevent 35 -3- LSB 5787SV (2) 86 jm/rj 3/ 24

S.F. 2267 profiling, and monitoring implementation of best practices in 1 the field of law enforcement. In establishing the board, the 2 attorney general shall ensure that the board is racially and 3 ethnically diverse and gender balanced. The attorney general 4 shall also provide or arrange for necessary staff to assist the 5 board. 6 2. a. The board shall consist of fifteen voting members 7 and two ex officio, nonvoting members. The attorney general 8 shall appoint nine voting members nominated from the following 9 described organizations or groups or who hold the following 10 described positions: 11 (1) Four representatives from community organizations 12 historically associated with efforts to eliminate racial 13 discrimination that work with victims of racial and other 14 profiling, of whom one representative shall be at least sixteen 15 years of age but not more than twenty-four years of age at the 16 time of appointment. 17 (2) Three representatives from advocacy groups that support 18 individuals who have experienced discrimination based on race, 19 color, ethnicity, religion, national origin, gender identity 20 or expression, sexual orientation, immigration or citizenship 21 status, language, or mental or physical disability status. 22 (3) Two members of the clergy who have significant 23 experience in addressing and reducing racial discrimination and 24 other biases. 25 b. The following six ex officio, voting members shall serve 26 on the board: 27 (1) The attorney general or the attorney general’s 28 designee. 29 (2) The director of the Iowa law enforcement academy. 30 (3) The state public defender or the state public defender’s 31 designee. 32 (4) The director of the Iowa civil rights commission. 33 (5) The president of the board of directors of the Iowa 34 police chiefs association, or the president’s designee; 35 -4- LSB 5787SV (2) 86 jm/rj 4/ 24

S.F. 2267 (6) The president of the Iowa state sheriffs’ and deputies’ 1 association or the president’s designee. 2 c. The board shall include two members of the general 3 assembly who shall serve as ex officio, nonvoting members. The 4 legislative members shall be appointed as follows: 5 (1) One member of the senate appointed by the majority 6 leader of senate. 7 (2) One member of the house of representatives appointed by 8 the speaker of the house of representatives. 9 3. Notwithstanding section 7E.6, nonlegislative members 10 shall only receive reimbursement for actual expenses for 11 performance of their official duties as members of the board. 12 Members of the general assembly shall not receive a per diem 13 but shall receive reimbursement for necessary travel and actual 14 expenses incurred in the performance of their official duties. 15 4. The board may act or make recommendations only upon a 16 vote of a majority of the voting membership of the board. 17 5. a. The initial term of a member appointed pursuant 18 to subsection 2, paragraph “a” , subparagraph (1), shall be 19 four years, and after the initial term has been served, the 20 appointment shall be for a term of four years. 21 b. The initial term of a member appointed pursuant to 22 subsection 2, paragraph “a” , subparagraph (2) or (3), shall 23 be two years, and after the initial term has been served, the 24 appointment shall be for a term of four years. 25 6. Each year the board shall elect two of its voting members 26 as co-chairpersons. 27 7. The board shall do all of the following by April 1, 2017: 28 a. Adopt rules pursuant to chapter 17A. 29 b. Develop a standard notice form to be provided to an 30 individual stopped by an officer, when practicable, informing 31 the individual of the individual’s right to file a complaint 32 with the Iowa civil rights commission if the individual 33 believes that the individual has been a victim of profiling. 34 c. Advise the attorney general regarding the attorney 35 -5- LSB 5787SV (2) 86 jm/rj 5/ 24

S.F. 2267 general’s development of guidelines for the collection, 1 compilation, and reporting of traffic, bicycle, and pedestrian 2 stop data in order to ensure uniform reporting practices across 3 all reporting law enforcement agencies. 4 8. Each year beginning July 1, 2017, the board shall do all 5 of the following: 6 a. Evaluate and comment upon the data compiled and reported 7 to the attorney general and the analysis of such data by the 8 division of criminal and juvenile justice planning of the 9 department of human rights. 10 b. Assess the collection, compilation, and reporting of 11 traffic, bicycle, and pedestrian stop data by law enforcement 12 agencies, the effectiveness of law enforcement training under 13 section 80G.8, and determine methods, if any, by which these 14 activities could be improved or made more effective. 15 c. Work in partnership with state and local law enforcement 16 agencies to review and analyze profiling across geographic 17 areas of this state. 18 d. Consult available evidence-based research on intentional 19 and implicit biases, and their impact on law enforcement stop, 20 search, and seizure tactics. 21 e. (1) Issue an annual report that provides the board’s 22 analysis of the board activities required by paragraphs “a” 23 through “d” , makes detailed findings on the past and current 24 status of profiling, and makes policy recommendations for 25 eliminating profiling and other discriminatory practices. The 26 report shall include disaggregated statistical data for each 27 reporting law enforcement agency. The report shall include, 28 at a minimum, each reporting law enforcement agency’s total 29 results for each data collection criteria for the calendar 30 year. 31 (2) The report shall be retained and made available to the 32 public by posting the report on the attorney general’s internet 33 site. The report shall first be issued by February 1, 2018, 34 and by February 1 every year thereafter. 35 -6- LSB 5787SV (2) 86 jm/rj 6/ 24

S.F. 2267 (3) The report is a public record within the meaning of 1 chapter 22 subject to public inspection under that chapter 22. 2 f. Hold at least three annual public meetings to discuss 3 profiling and potential reforms to prevent profiling. The 4 board shall provide notice to the public of the location of 5 each public meeting at least sixty days before the date of the 6 meeting. 7 9. The board shall be subject to the provisions of chapters 8 21 and 22. 9 Sec. 5. NEW SECTION . 80G.5 Standard notice form and 10 complaint. 11 A law enforcement agency shall require, when practicable, an 12 officer who makes a stop to provide to the individual stopped 13 the standard notice form developed by the board informing the 14 individual of the individual’s right to file a complaint with 15 the Iowa civil rights commission if the individual believes 16 that the individual has been a victim of profiling. 17 Sec. 6. NEW SECTION . 80G.6 Reporting data and citizen 18 complaints to the attorney general by a law enforcement agency. 19 1. A law enforcement agency shall collect, compile, and 20 report annually to the attorney general on a standardized form 21 developed by the attorney general the following information for 22 law enforcement activities related to a traffic, bicycle, or 23 pedestrian stop: 24 a. The time, date, location, and duration of the stop. 25 b. The reason for the stop. 26 c. The results of the stop. 27 d. The warning given or citation issued, if applicable. 28 e. The offense the individual was arrested for, if 29 applicable. 30 f. The identifying characteristics of the individual 31 stopped, including perceived race, ethnicity, English language 32 proficiency, sex, and approximate age. The identification of 33 these characteristics shall be based principally on information 34 on the individual’s driver’s license or nonoperator’s 35 -7- LSB 5787SV (2) 86 jm/rj 7/ 24

S.F. 2267 identification card and only secondarily on the observation 1 and perception of the officer making the stop. The officer 2 shall not be required to inquire about the race, ethnicity, 3 and English language proficiency of an individual stopped but 4 shall rely principally on such information encrypted on a 5 driver’s license or nonoperator’s identification card pursuant 6 to section 321.189 or 321.190. The identifying characteristics 7 of a passenger in a motor vehicle shall also be reported if the 8 stop involved both the passenger and a search reported under 9 paragraph “g” . 10 g. Actions taken by an officer during the stop, including 11 but not limited to the following, as applicable: 12 (1) Whether the officer asked for consent to search the 13 individual and whether consent was provided. 14 (2) Whether the officer searched the individual or any 15 property, and if a search was performed, the basis for the 16 search, the scope and duration of the search, and the type of 17 contraband, including moneys, or evidence discovered in the 18 search. 19 (3) Whether the officer seized any property, and a complete 20 description of the property that was seized and the basis for 21 seizing the property. 22 (4) Whether the officer used physical force or physical 23 force was used against the officer, and a complete description 24 of the extent force was used. 25 (5) Whether the search involved the use of a canine or 26 advanced technology, and a complete description of the type and 27 circumstances of any such search. 28 h. Other information which the officer or law enforcement 29 agency considers appropriate. 30 2. A law enforcement agency shall report annually to 31 the attorney general the total number of citizen complaints 32 received by the law enforcement agency or by a citizens review 33 board, if applicable, alleging misconduct by an officer. The 34 report shall also be disaggregated as follows: 35 -8- LSB 5787SV (2) 86 jm/rj 8/ 24

S.F. 2267 a. All citizen complaints received by the law enforcement 1 agency alleging criminal conduct by its officers. 2 b. (1) All citizen complaints received by a law enforcement 3 agency alleging profiling by its officers. 4 (2) The complaints under this paragraph shall be 5 disaggregated by race, color, ethnicity, religion, national 6 origin, gender identity or expression, sexual orientation, 7 English language proficiency, or mental or physical disability. 8 (3) While maintaining the disaggregation of the complaints 9 under subparagraph (2), the complaints shall be placed into the 10 following disposition categories: 11 (a) Sustained. 12 (b) Exonerated. 13 (c) Not sustained. 14 (d) Unfounded. 15 3. If a law enforcement agency is noncompliant with the 16 collection, compilation, and reporting duties of this section, 17 the attorney general shall take necessary action, including 18 seeking a writ of mandamus and other appropriate judicial 19 remedies, to secure compliance. 20 Sec. 7. NEW SECTION . 80G.7 Data compilation by attorney 21 general. 22 1. The attorney general, in consultation with the 23 board and the Iowa civil rights commission, and with input 24 from stakeholders including federal, state, and local law 25 enforcement agencies, local communities, researchers, and 26 civil rights organizations, shall adopt rules pursuant to 27 chapter 17A for law enforcement agency collection, compilation, 28 and reporting of law enforcement activities data related to 29 traffic, bicycle, and pedestrian stops, and citizen complaints. 30 The rules adopted under this section must do the following: 31 a. Require a law enforcement agency to collect and compile 32 data as required by section 80G.6, and report such data to 33 the attorney general, that identifies all law enforcement 34 activities related to traffic, bicycle, and pedestrian stops 35 -9- LSB 5787SV (2) 86 jm/rj 9/ 24

S.F. 2267 and all citizen complaints on a standardized form developed by 1 the attorney general. 2 b. Require a law enforcement agency to prominently publicize 3 the compiled data reported to the attorney general pursuant 4 to section 80G.6, on at least a monthly basis, on the law 5 enforcement agency’s internet site, or make such data available 6 electronically within seven days upon request if the law 7 enforcement agency lacks an internet site. 8 c. Require each law enforcement agency to maintain all data 9 collected, compiled, and reported pursuant to section 80G.6 for 10 at least four years. 11 d. Provide for the protection and privacy of any personal 12 identifying information about the officer or the individual 13 stopped that is contained in the data by removing any such 14 personal identifying information prior to reporting the data 15 to the attorney general, or publicizing the data pursuant to 16 paragraph “b” . 17 2. Except as otherwise provided in this section, a 18 law enforcement agency shall not grant access to personal 19 identifying information contained in the data collected by 20 the law enforcement agency to any person except to a federal, 21 state, local, or tribal government employee or agent who 22 requires access to such information in order to collect, 23 compile, and report the data. 24 3. A law enforcement agency may permit a contractor 25 or nongovernmental agent access to personal identifying 26 information that is contained in the data collected, if the 27 contractor or nongovernmental agent signs an agreement which 28 prohibits further disclosure of the personal identifying 29 information beyond disclosure to the contractor or 30 nongovernmental agent, and if the contractor or nongovernmental 31 agent assures the law enforcement agency in the agreement that 32 adequate security measures have been implemented to prevent 33 unauthorized access to the personal identifying information. 34 4. a. The attorney general shall in turn compile all data 35 -10- LSB 5787SV (2) 86 jm/rj 10/ 24

S.F. 2267 reported pursuant to this section for analysis. The attorney 1 general shall provide the compiled data to the board, the Iowa 2 civil rights commission, and the division of criminal and 3 juvenile justice planning of the department of human rights, 4 and to any other agency, board, or department the attorney 5 general deems appropriate. 6 b. The division of criminal and juvenile justice planning 7 of the department of human rights shall analyze the data 8 and provide an analysis of the data in a timely manner to 9 the attorney general, the board, and the Iowa civil rights 10 commission in statistical form. 11 5. In consultation with the board, the attorney general 12 shall prescribe guidelines recommending best practices to 13 alleviate profiling, setting comparative benchmarks consistent 14 with best practices against which collected and compiled 15 data shall be monitored and measured, while providing for 16 the protection and the privacy of the personal identifying 17 information of individuals whose data is collected and compiled 18 pursuant to this chapter. 19 6. The attorney general shall report specific data in 20 statistical form for each reporting law enforcement agency on 21 an annual basis to the Iowa civil rights commission, the board, 22 and to the public. The public report shall be accessible from 23 a prominent place on the attorney general’s internet site. 24 7. The data compiled pursuant to this section is admissible 25 in individual and pattern and practice disparate treatment 26 profiling cases and in disparate impact profiling cases under 27 the Iowa civil rights Act, chapter 216. 28 Sec. 8. NEW SECTION . 80G.8 Training. 29 1. A law enforcement agency shall provide annual training 30 to officers on issues related to profiling prevention, data 31 collection, and reporting methods. Every officer in the state 32 must participate in annual training in accordance with this 33 section. 34 2. The Iowa law enforcement academy shall develop and 35 -11- LSB 5787SV (2) 86 jm/rj 11/ 24

S.F. 2267 disseminate training guidelines for all officers consistent 1 with the best practices guidelines issued by the attorney 2 general pursuant to section 80G.7, subsection 5. 3 3. Every officer shall adhere to the training guidelines 4 developed by the Iowa law enforcement academy pursuant to this 5 section. The training guidelines shall include all of the 6 following: 7 a. An emphasis on officer understanding and respect 8 for diverse communities and the importance of effective, 9 noncombative methods of carrying out law enforcement activities 10 in a diverse community. 11 b. Instruction on diverse communities in order to foster 12 mutual respect and cooperation between law enforcement and 13 members of all diverse communities. 14 c. An examination of the patterns, practices, and protocols 15 that cause profiling, and the tools to prevent such actions. 16 d. An examination and identification of key indices and 17 perspectives that make up differences among residents in a 18 local community. 19 e. Instruction on implicit bias and consideration of the 20 negative impact of bias, whether intentional or implicit, 21 on effective law enforcement, including examination of how 22 historical perceptions of profiling have harmed community 23 relations. 24 f. Instruction on the perspectives of diverse local 25 constituency groups from experts on particular cultural and law 26 enforcement-community relations issues in a local area. 27 g. A presentation of the history and the role of the civil 28 rights movement and the impact on law enforcement. 29 h. Instruction about this chapter’s prohibition of profiling 30 and each officer’s specific obligations to prevent, report, and 31 respond to profiling by fellow officers and to comply with the 32 collection, compilation, and reporting responsibilities under 33 this chapter. 34 4. In developing the training guidelines, the Iowa law 35 -12- LSB 5787SV (2) 86 jm/rj 12/ 24

S.F. 2267 enforcement academy shall consult with the Iowa civil rights 1 commission, the board, groups and individuals having an 2 interest and expertise in the field of cultural awareness and 3 diversity, as well as advocacy organizations with an interest 4 and expertise in the field of profiling. 5 Sec. 9. NEW SECTION . 80G.9 Reporting profiling —— 6 prevention and retaliation. 7 1. An officer has an obligation to prevent, report, and 8 respond to profiling, discrimination, or biased practices by 9 a fellow officer. 10 2. An officer or an employee of a law enforcement agency 11 who retaliates against an officer or employee for making a 12 charge, testifying against, assisting, or participating in any 13 manner in an investigation, proceeding, or hearing related to 14 profiling shall be subject to discipline, including dismissal. 15 3. An officer or employee of a law enforcement agency who 16 retaliates against an officer or employee who files a report of 17 an occurrence of profiling against an officer commits a simple 18 misdemeanor. 19 Sec. 10. NEW SECTION . 80G.10 Statutory remedies not 20 exclusive. 21 The remedies authorized in this chapter are not exclusive 22 and do not foreclose an individual from asserting any remedies 23 the individual may have based on the common law or other 24 statutes. 25 Sec. 11. Section 216.2, subsection 15, Code 2016, is amended 26 to read as follows: 27 15. “Unfair practice” or “discriminatory practice” means 28 those practices specified as unfair or discriminatory in 29 sections 216.6 , 216.6A , 216.7 , 216.8 , 216.8A , 216.9 , 216.10 , 30 216.10A, 216.11 , and 216.11A . 31 Sec. 12. Section 216.6, subsection 1, Code 2016, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . e. Employer or the employees or agents 34 thereof to discriminate against an employee because the 35 -13- LSB 5787SV (2) 86 jm/rj 13/ 24

S.F. 2267 employee makes a charge, testifies against, assists, or 1 participates in any manner in an investigation, proceeding, or 2 hearing related to profiling pursuant to chapter 80G. 3 Sec. 13. NEW SECTION . 216.10A Unfair profiling practice. 4 1. It shall be an unfair discriminatory practice for a peace 5 officer to engage in profiling as described in chapter 80G. 6 2. This section shall not apply to: 7 a. A law enforcement agency’s policy to use information 8 that has been provided by a victim describing the personal 9 identifying characteristics of a perpetrator of a crime in 10 order to seek out persons who match that description. 11 b. Any actions that rely upon: 12 (1) A specific suspect description-based identification. 13 (2) A person’s observed behavior that links a person to 14 suspected unlawful activity establishing probable cause or 15 reasonable suspicion that criminal activity is afoot. 16 (3) Other trustworthy information or circumstances, 17 relevant to the locality and timeframe that links a person to 18 suspected unlawful activity establishing probable cause or 19 reasonable suspicion that criminal activity is afoot. 20 Sec. 14. Section 321.189, subsection 2, Code 2016, is 21 amended by adding the following new paragraph: 22 NEW PARAGRAPH . 0d. The department shall encrypt race, 23 ethnicity, and English language proficiency information on a 24 driver’s license. 25 Sec. 15. Section 321.190, subsection 1, paragraph b, 26 subparagraph (1), Code 2016, is amended to read as follows: 27 (1) The department shall not issue a card to a person 28 holding a driver’s license. However, a card may be issued to 29 a person holding a temporary permit under section 321.181 . 30 The card shall be identical in form , including any encrypted 31 information, to a driver’s license issued under section 321.189 32 except the word “nonoperator” shall appear prominently on the 33 face of the card. 34 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 35 -14- LSB 5787SV (2) 86 jm/rj 14/ 24

S.F. 2267 3, shall not apply to this Act. 1 Sec. 17. EFFECTIVE DATE. This Act takes effect October 1, 2 2016. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to law enforcement profiling by 7 standardizing the collection and centralizing the compilation 8 and reporting of officer stop and complaint data, providing for 9 officer training, creating a community policing advisory board, 10 and providing certain penalties and remedies. 11 DEFINITIONS. The bill defines “profiling” to mean a 12 consideration of or a reliance upon, to any degree, certain 13 characteristics when deciding to initiate law enforcement 14 activities including the use and scope of such activities: 15 the actual or perceived individual’s race, color, ethnicity, 16 religion, national origin, gender identity or expression, 17 sexual orientation, English language proficiency, or mental 18 or physical disability. The definition of “profiling” 19 also includes any pretextual stop that is the basis for 20 discrimination. 21 The bill defines “law enforcement activities” to include 22 traffic, bicyclist, or pedestrian stops; actions during a 23 stop, including asking questions; frisks; consensual and 24 nonconsensual searches of an individual or any property; 25 seizing any property; removing occupants from a motor vehicle 26 during a traffic stop; issuing a citation; and making an 27 arrest. 28 The bill defines “pretextual stop” to mean a stop of a driver 29 of a motor vehicle, a bicyclist, or a pedestrian by an officer 30 if all of the following apply: the decision to make the stop 31 was the result of discrimination based upon profiling; the 32 stated reason for the stop is not in fact the real reason but 33 is instead a pretext to conceal the real reason for the stop; 34 and the real reason for the stop is to enable the officer to 35 -15- LSB 5787SV (2) 86 jm/rj 15/ 24

S.F. 2267 inquire into subjects about which the officer has no reasonable 1 basis to inquire or to seek information for which the officer 2 does not possess independent evidence constituting probable 3 cause or reasonable suspicion. 4 PROFILING —— PROHIBITION. The bill prohibits a peace 5 officer from profiling. However, the bill does not prevent 6 any of the following: a law enforcement agency’s policy 7 allowing the use of information that has been provided by a 8 victim describing the personal identifying characteristics of 9 a perpetrator of a crime in order to seek out individuals who 10 match that description; a specific suspect description-based 11 identification; an individual’s observed behavior linking 12 another individual to suspected unlawful activity that 13 establishes probable cause or reasonable suspicion that 14 criminal activity is afoot; or other trustworthy information or 15 circumstances, relevant to the locality and time frame linking 16 an individual to suspected unlawful activity that establishes 17 probable cause or a reasonable suspicion that criminal activity 18 is afoot. 19 DRIVER’S LICENSE AND NONOPERATOR’S IDENTIFICATION 20 REQUIREMENT. The bill requires the department of 21 transportation to encrypt the race, ethnicity, and English 22 language proficiency of the driver into a driver’s license or 23 nonoperator’s identification card. 24 COMMUNITY POLICING ADVISORY BOARD. The bill requires the 25 attorney general to establish a community policing advisory 26 board for the purpose of recognizing and promoting awareness of 27 profiling by law enforcement, providing advice in development 28 of best practices to prevent profiling, and monitoring 29 implementation of best practices in the field. In establishing 30 the board, the bill requires the attorney general to ensure 31 that the board is racially and ethnically diverse and gender 32 balanced. The bill specifies that the attorney general shall 33 also provide or arrange for the staff necessary to assist the 34 board. 35 -16- LSB 5787SV (2) 86 jm/rj 16/ 24

S.F. 2267 The bill provides that the community policing advisory board 1 shall consist of 15 voting members and two ex officio nonvoting 2 members. The attorney general shall appoint the following 3 nine board members: four representatives from community 4 organizations historically associated with efforts to eliminate 5 racial discrimination, of whom one representative shall be at 6 least 16 years of age but not more than 24 years of age at the 7 time of appointment; three representatives from advocacy groups 8 that support individuals who have experienced discrimination 9 based on race, color, ethnicity, religion, national origin, 10 gender identity or expression, sexual orientation, immigration 11 or citizenship status, language, or mental or physical 12 disability status; and two clergy members who have significant 13 experience in addressing and reducing racial discrimination and 14 other biases. 15 The bill specifies that the following individuals shall 16 also serve on the community policing advisory board: the 17 attorney general or the attorney general’s designee, the 18 director of the Iowa law enforcement academy, the state 19 public defender or the state public defender’s designee, the 20 director of the Iowa civil rights commission, the president of 21 the board of directors of the Iowa police chiefs association 22 or the president’s designee; and the president of the Iowa 23 state sheriffs’ and deputies’ association or the president’s 24 designee. 25 The bill specifies that the board shall also include two 26 members of the general assembly who shall serve as ex officio, 27 nonvoting members, with one member appointed by the majority 28 leader of the senate and one member appointed by the speaker of 29 the house of representatives. 30 The initial term of board members appointed from the 31 community organizations shall be four years, and after the 32 initial term has been served, the appointments shall be for 33 a term of four years. The initial term of board members 34 appointed from the clergy or advocacy groups shall be two 35 -17- LSB 5787SV (2) 86 jm/rj 17/ 24

S.F. 2267 years, and after the initial term has been served, the 1 appointments shall be for a term of four years. 2 The bill provides that the members of the board shall only 3 receive reimbursement for actual expenses for performance of 4 their official duties as members of the board. 5 The bill specifies that the board shall be subject to the 6 provisions of Code chapters 21 (open meetings) and 22 (open 7 records). 8 BOARD ACTIONS REQUIRED BY APRIL 1, 2017. The bill requires 9 the board to develop a standard notice form to be provided 10 to each individual stopped by an officer, when practicable, 11 informing the individual of the individual’s right to file 12 a complaint with the Iowa civil rights commission if the 13 individual believes that the individual has been a victim of 14 profiling. 15 The bill provides that the board shall advise the attorney 16 general when developing rules for the collection, compilation, 17 and reporting of traffic, bicycle, and pedestrian stop data 18 to ensure the use of uniform reporting practices across all 19 reporting law enforcement agencies. 20 The bill requires the board to adopt rules pursuant to Code 21 chapter 17A. 22 BOARD ACTION REQUIRED BY JULY 1, 2017, AND EVERY YEAR 23 THEREAFTER. The bill provides that the board shall annually do 24 the following: evaluate and comment upon the data compiled and 25 reported to the attorney general by law enforcement agencies 26 and the analysis of the data by the division of criminal and 27 juvenile justice planning of the department of human rights; 28 assess the collection, compilation, and reporting of stop 29 data compiled by law enforcement agencies, assess the law 30 enforcement training requirement, and determine if these 31 requirements are effective; work in partnership with state and 32 local law enforcement agencies to review and analyze profiling 33 across geographic areas of the state; consult available 34 evidence-based research on intentional and implicit biases, 35 -18- LSB 5787SV (2) 86 jm/rj 18/ 24

S.F. 2267 and the impact on law enforcement stop, search, and seizure 1 tactics; issue an annual report that provides the board’s 2 analysis of the past and current status of profiling across 3 the state; and make policy recommendations for eliminating 4 profiling. 5 The bill also requires the board to hold at least three 6 annual public meetings to discuss profiling and potential 7 reforms to prevent profiling. 8 NOTICE ABOUT FILING PROFILING COMPLAINT. The bill requires 9 a law enforcement agency to require, when practicable, each 10 officer who makes a stop to provide to each individual stopped 11 a standard notice form, developed by the community policing 12 advisory board, that discloses the individual’s right to file 13 a complaint with the Iowa civil rights commission if the 14 individual believes that profiling has occurred. 15 UNFAIR PROFILING PRACTICE. The bill provides that it 16 shall be an unfair discriminatory practice under the Iowa 17 civil rights Act, Code chapter 216, for a peace officer to 18 engage in profiling described in the bill. The bill also 19 specifies certain behaviors that do not constitute an unfair 20 discriminatory practice. 21 DATA COLLECTED, COMPILED, AND REPORTED BY A LAW ENFORCEMENT 22 AGENCY. The bill requires that each law enforcement agency 23 collect, compile, and report annually to the attorney general 24 the following information on a standardized form developed by 25 the attorney general for law enforcement activities related 26 to a traffic, bicycle, or pedestrian stop: the time, date, 27 location, and duration of the stop; the reason for the stop; 28 the results of the stop; the warning given or citation issued, 29 if applicable; the offense the individual was arrested for, if 30 applicable; the identifying characteristics of the individual 31 stopped, including perceived race, ethnicity, English language 32 proficiency, sex, and approximate age; and the actions taken 33 by the officer during the stop. The actions to be reported 34 include but are not limited to the following: whether the 35 -19- LSB 5787SV (2) 86 jm/rj 19/ 24

S.F. 2267 officer asked for consent to search the person and whether 1 consent was provided; whether the officer searched the 2 individual or any property, and if a search was performed, the 3 basis for the search, the scope and duration of the search, 4 and the type of contraband, including moneys, or evidence 5 discovered in the search; whether the officer seized any 6 property, and a complete description of the property that was 7 seized and the basis for seizing the property; whether the 8 officer used physical force or physical force was used against 9 the officer, and a complete description of the extent force 10 was used; whether the search involved the use of a canine or 11 advanced technology; and any additional information which the 12 officer or law enforcement agency considers appropriate. 13 CITIZEN COMPLAINTS RECEIVED AND REPORTED BY A LAW 14 ENFORCEMENT AGENCY. The bill requires each law enforcement 15 agency to report annually to the attorney general the total 16 number of citizen complaints received by the law enforcement 17 agency alleging misconduct by an officer. The report shall be 18 disaggregated by race, color, ethnicity, religion, national 19 origin, gender identity or expression, sexual orientation, 20 English language proficiency, or mental or physical disability, 21 and by the result of the complaint. 22 DATA COMPILED BY THE ATTORNEY GENERAL. The bill requires the 23 attorney general, in consultation with the community policing 24 advisory board and the Iowa civil rights commission, and with 25 input from stakeholders including federal, state, and local 26 law enforcement agencies, local communities, researchers, 27 and civil rights organizations, to adopt rules pursuant to 28 Code chapter 17A for law enforcement agency collection and 29 compilation of law enforcement activities related to traffic, 30 bicycle, or pedestrian stops, and citizen complaints. The 31 rules adopted under the bill shall do the following: require 32 each law enforcement agency to collect and compile data as 33 required under the bill; require each law enforcement agency to 34 prominently publicize the compiled data on the law enforcement 35 -20- LSB 5787SV (2) 86 jm/rj 20/ 24