House File 122 - Introduced HOUSE FILE 122 BY HUNTER , STAED , MASCHER , KURTZ , and LENSING A BILL FOR An Act relating to law enforcement profiling by standardizing 1 collection and centralizing the compilation and reporting 2 of officer stop and compliance data, providing for officer 3 training, creating a community policing advisory board, 4 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 1426YH (4) 88 as/rh

H.F. 122 Section 1. Section 80B.11, subsection 1, paragraphs a and b, 1 Code 2019, are amended to read as follows: 2 a. Minimum entrance requirements, course of study, 3 attendance requirements, and equipment and facilities required 4 at approved law enforcement training schools. Minimum age 5 requirements for entrance to approved law enforcement training 6 schools shall be eighteen years of age. Minimum course of 7 study requirements shall include a separate domestic abuse 8 curriculum, which may include but is not limited to outside 9 speakers from domestic abuse shelters and crime victim 10 assistance organizations. Minimum course of study requirements 11 shall also include a sexual assault curriculum , and a separate 12 curriculum regarding the prevention of profiling as defined in 13 section 80H.2 . 14 b. Minimum basic training requirements law enforcement 15 officers employed after July 1, 1968, must complete in order 16 to remain eligible for continued employment and the time 17 within which such basic training must be completed. Minimum 18 requirements shall mandate training devoted to the topic of 19 domestic abuse , and sexual assault , and the prevention of 20 profiling as defined in section 80H.2 . The council shall 21 submit an annual report to the general assembly by January 15 22 of each year relating to the continuing education requirements 23 devoted to the topic of domestic abuse, and the prevention of 24 profiling as defined in section 80H.2, including the number of 25 hours required, the substance of the classes offered, and other 26 related matters. 27 Sec. 2. Section 80B.11, subsection 1, paragraph c, 28 subparagraph (2), Code 2019, is amended to read as follows: 29 (2) In-service training under this paragraph “c” shall 30 include the requirement that all law enforcement officers 31 complete a course on the prevention of profiling as defined in 32 section 80H.2, and a course on investigation, identification, 33 and reporting of public offenses based on the race, color, 34 religion, ancestry, national origin, political affiliation, 35 -1- LSB 1426YH (4) 88 as/rh 1/ 25

H.F. 122 sex, sexual orientation, age, or disability of the victim. The 1 director shall consult with the civil rights commission, the 2 department of public safety, and the prosecuting attorneys 3 training coordinator in developing the requirements for this 4 course and may contract with outside providers for this course. 5 Sec. 3. NEW SECTION . 80H.1 Purpose —— construction. 6 It is the purpose of this chapter to prohibit racial and 7 ethnic profiling in law enforcement, to foster trust and 8 cooperation with law enforcement in Iowa communities, and 9 to create a safer state for all Iowans, law enforcement and 10 citizens alike. 11 Sec. 4. NEW SECTION . 80H.2 Definitions. 12 As used in this chapter, unless the context otherwise 13 requires: 14 1. “Board” means the community policing advisory board. 15 2. a. “Discriminatory pretextual stop” means a stop 16 involving disparate treatment by the officer or a stop 17 for which the person’s race, color, ethnicity, religion, 18 or national origin was considered or relied upon or was a 19 motivating factor in the officer’s decision to make the stop 20 or to take other action during the stop, including a request 21 to consent to a search. 22 b. It is not a discriminatory pretextual stop when an 23 officer bases the officer’s decision to make a stop on a 24 specific suspect description-based identification that includes 25 in the suspect’s identification one or more of the personal 26 characteristics or traits listed in subsection 4. 27 3. “Disparate treatment” means differential treatment of 28 a person on the basis of race, color, ethnicity, religion, or 29 national origin. 30 4. “Division of criminal and juvenile justice planning” means 31 the division of criminal and juvenile justice planning of the 32 department of human rights. 33 5. “Law enforcement activities” mean any of the following: 34 traffic, bicyclist, or pedestrian stops by an officer; and 35 -2- LSB 1426YH (4) 88 as/rh 2/ 25

H.F. 122 actions during a stop, including asking questions, frisks, 1 consensual and nonconsensual searches of an individual or any 2 property, seizing any property, removing occupants from a motor 3 vehicle during a traffic stop, issuing a warning or citation, 4 and making an arrest. “Law enforcement activities” does not 5 include any of the following: road blocks, vehicle check 6 points, and security checks where every person seeking to enter 7 a venue or facility is subject to detention, questioning, or 8 a search of person or property, and responses to appeals for 9 service. 10 6. “Officer” means a peace officer, as defined in section 11 801.4 including while employed off-duty by a private employer 12 and in uniform, but not including a probation officer or a 13 parole officer. 14 7. “Personal identifying information” means a person’s name, 15 address, or any other information that would allow a third 16 party to identify the person by name. 17 8. “Pretextual stop” means a stop by an officer of a driver 18 or passenger, a bicyclist, or a pedestrian for an alleged 19 violation of the law, to allow the officer to then question 20 and probe for information that might suggest the person 21 has committed some not apparent or yet-to-be identified law 22 violation. A stop shall be considered a pretextual stop under 23 the following circumstances: 24 a. When the race, color, ethnicity, religion, or national 25 origin of the person stopped was considered or relied upon 26 or was a motivating factor in making the decision to make a 27 racially discriminatory stop. 28 b. When the officer prolonged the stop beyond the amount 29 of time when the law enforcement tasks tied to the alleged 30 violation are or reasonably should have been completed. 31 9. “Profiling” means any of the following when an officer is 32 deciding to initiate law enforcement activities including the 33 use and scope of such activities: 34 a. Consideration or reliance upon actual or perceived race, 35 -3- LSB 1426YH (4) 88 as/rh 3/ 25

H.F. 122 color, ethnicity, religion, or national origin. 1 b. Disparate treatment of a person. 2 c. Making or conducting a discriminatory pretextual stop. 3 10. “Specific suspect description-based identification” means 4 a reasonably detailed physical description of the personal 5 identifying characteristics of a potential suspect, including 6 but not limited to age, sex, ethnicity, race, or English 7 language proficiency. 8 11. “Stop” means the detention of a person by an officer, 9 including a temporary detention. 10 Sec. 5. NEW SECTION . 80H.3 Profiling —— prohibition —— 11 allowed policy and actions. 12 1. An officer shall not engage in profiling in the course of 13 performing law enforcement activities. 14 2. This section shall not prohibit any of the following: 15 a. A law enforcement agency’s policy allowing the use of 16 information that has been provided by a victim describing the 17 personal identifying characteristics of an alleged perpetrator 18 of a crime in order to seek out persons who match that 19 description. 20 b. An action by an officer that relies upon any of the 21 following: 22 (1) Personal identifying information or a specific suspect 23 description-based identification. However, a specific suspect 24 description-based identification only provides probable 25 cause or reasonable suspicion to stop a person who reasonably 26 resembles the person described in that identification, and does 27 not allow an officer to stop a person merely because the person 28 is of the same race, color, ethnicity, religion, or national 29 origin as the suspect. 30 (2) A person’s observed behavior linking that person or 31 another person to suspected unlawful activity that establishes 32 probable cause or a reasonable suspicion that criminal activity 33 is afoot. 34 (3) Other trustworthy information or circumstances, 35 -4- LSB 1426YH (4) 88 as/rh 4/ 25

H.F. 122 relevant to the locality and time frame, linking a person to 1 suspected unlawful activity that establishes probable cause or 2 a reasonable suspicion that criminal activity is afoot. 3 c. A traffic stop when directed at the traffic-related 4 mission, namely, checking a driver’s license, vehicle 5 registration, insurance or financial responsibility, 6 outstanding warrants, and issuing citations or preparing 7 warnings. However, the authority for a traffic stop ends 8 when the officer’s tasks tied to the traffic infraction that 9 is the basis for the stop are or reasonably should have been 10 completed. 11 Sec. 6. NEW SECTION . 80H.4 Community policing advisory 12 board —— establishment and role. 13 1. The attorney general shall establish a community 14 policing advisory board for the purpose of recognizing and 15 promoting awareness of profiling by law enforcement, reviewing 16 data collected under this chapter and the analysis thereof, and 17 facilitating discussion of best practices to prevent profiling. 18 In establishing the board, the attorney general shall ensure 19 that the board is racially and ethnically diverse and gender 20 balanced. The attorney general shall also provide or arrange 21 for necessary staff to assist the board. 22 2. The board shall consist of sixteen voting members and 23 four ex officio, nonvoting members. 24 a. The attorney general shall appoint nine voting members 25 nominated from the following described organizations or groups 26 or who hold the following described positions: 27 (1) Four representatives from community organizations 28 historically associated with efforts to eliminate racial 29 discrimination that work with victims of racial and ethnic 30 profiling, of whom one representative shall be at least sixteen 31 years of age but not more than twenty-four years of age at the 32 time of appointment. 33 (2) Three representatives from advocacy groups that support 34 persons who have experienced discrimination based on race, 35 -5- LSB 1426YH (4) 88 as/rh 5/ 25

H.F. 122 color, ethnicity, religion, or national origin. 1 (3) Two members of the clergy who have significant 2 experience in addressing and reducing racial discrimination and 3 other biases. 4 b. The following seven voting members shall serve on the 5 board: 6 (1) The attorney general or the attorney general’s 7 designee. 8 (2) The director of the department of public safety or the 9 director’s designee. 10 (3) The director of the Iowa law enforcement academy. 11 (4) The state public defender or the state public defender’s 12 designee. 13 (5) The director of the Iowa civil rights commission. 14 (6) The president of the board of directors of the Iowa 15 police chiefs association, or the president’s designee. 16 (7) The president of the Iowa state sheriffs’ and deputies’ 17 association or the president’s designee. 18 c. The board shall include four members of the general 19 assembly who shall serve as ex officio, nonvoting members. The 20 legislative members shall be appointed as follows: 21 (1) One member of the senate appointed by the majority 22 leader of senate. 23 (2) One member of the senate appointed by the minority 24 leader of the senate. 25 (3) One member of the house of representatives appointed by 26 the speaker of the house of representatives. 27 (4) One member of the house of representatives appointed by 28 the minority leader of the house of representatives. 29 3. Notwithstanding section 7E.6, nonlegislative members 30 shall only receive reimbursement for actual expenses for 31 performance of their official duties as members of the board. 32 Members of the general assembly shall not receive a per diem 33 but shall receive reimbursement for necessary travel and actual 34 expenses incurred in the performance of their official duties. 35 -6- LSB 1426YH (4) 88 as/rh 6/ 25

H.F. 122 4. The board may act or make recommendations only upon a 1 vote of a majority of the voting membership of the board. 2 5. a. The initial term of a member appointed pursuant 3 to subsection 2, paragraph “a” , subparagraph (1), shall be 4 four years, and after the initial term has been served, the 5 appointment shall be for a term of four years. 6 b. The initial term of a member appointed pursuant to 7 subsection 2, paragraph “a” , subparagraph (2) or (3), shall 8 be two years, and after the initial term has been served, the 9 appointment shall be for a term of four years. 10 6. Each year the board shall elect two voting members as 11 co-chairpersons. 12 7. The board shall do all of the following by April 1, 2021: 13 a. Approve rules prior to their adoption by the department 14 of justice pursuant to chapter 17A. 15 b. Develop a standard notice form to be provided to a person 16 stopped by an officer, when practicable, informing the person 17 of the person’s right to file a complaint with the Iowa civil 18 rights commission if the person believes that the person has 19 been a victim of profiling. 20 c. Advise the department of justice regarding the 21 department’s development of guidelines for the collection, 22 compilation, and reporting of traffic, bicycle, and pedestrian 23 stop data in order to ensure uniform reporting practices across 24 all reporting law enforcement agencies. 25 8. Each year beginning July 1, 2022, the board shall do all 26 of the following: 27 a. Evaluate and comment upon the collection, compilation, 28 and reporting of traffic, bicycle, and pedestrian stop data by 29 law enforcement agencies reported to the department of justice. 30 b. Review the analysis of such data by the division of 31 criminal and juvenile justice planning and consider the 32 effectiveness of law enforcement training under section 80G.8, 33 including whether the training could be improved. 34 c. Work in partnership with state and local law enforcement 35 -7- LSB 1426YH (4) 88 as/rh 7/ 25

H.F. 122 agencies to review and analyze profiling across geographic 1 areas of this state. 2 d. Consult available evidence-based research on intentional 3 and implicit biases, and their impact on law enforcement stop, 4 search, and seizure tactics. 5 e. (1) Issue an annual report that provides the board’s 6 analysis of the board activities required by paragraphs “a” 7 through “d” , makes detailed findings on the past and current 8 status of profiling, and makes policy recommendations for 9 eliminating profiling and other discriminatory practices. 10 (2) The report shall be retained and made available to the 11 public by posting the report on the attorney general’s internet 12 site. The report shall first be issued by February 1, 2023, 13 and by February 1 every year thereafter. 14 (3) The report is a public record within the meaning of 15 chapter 22 subject to public inspection under chapter 22. 16 f. Hold at least three annual public meetings to discuss 17 profiling and potential reforms to prevent profiling. The 18 board shall provide notice to the public of the location of 19 each public meeting at least sixty days before the date of the 20 meeting. 21 9. The board shall be subject to the provisions of chapters 22 21 and 22. 23 Sec. 7. NEW SECTION . 80H.5 Notice of right to file 24 complaint with the civil rights commission. 25 A law enforcement agency shall require, when practicable, 26 an officer who makes a stop to provide to the person stopped 27 the standard notice form developed by the board informing the 28 person of the person’s right to file a complaint with the civil 29 rights commission if the person believes that the person has 30 been a victim of profiling. 31 Sec. 8. NEW SECTION . 80H.6 Data collection and reporting. 32 1. Each state and local law enforcement agency shall 33 annually submit to the department of justice, no later than 34 December 31 of each year, the agency’s current policies that 35 -8- LSB 1426YH (4) 88 as/rh 8/ 25

H.F. 122 address profiling, and the agency shall post and maintain the 1 current policy on the internet site of the agency. 2 2. Each state and local law enforcement agency shall 3 collect and compile data on every traffic, bicycle, and 4 pedestrian stop conducted by the officers of the agency during 5 the calendar year, and shall submit a report annually to the 6 department of justice. The following information shall be 7 collected, compiled, and reported on each stop, including stops 8 that involve questioning and driver’s license and vehicle 9 registration checks but do not result in a written citation or 10 written warning: 11 a. The time, date, location, and duration of the stop. 12 b. The reason for the stop. 13 c. Whether a driver’s license or vehicle registration check 14 was run. 15 d. Whether an oral or written warning was given or a 16 citation issued. 17 e. The offense the person was arrested for, if applicable. 18 f. The following identifying characteristics of the person 19 stopped including perceived race, ethnicity, English language 20 proficiency, sex, and approximate age. The identification of 21 these characteristics shall be based principally on information 22 digitally accessible from the person’s driver’s license or 23 nonoperator’s identification card and only secondarily on the 24 observation and perception of the officer making the stop. The 25 officer shall not be required to inquire about race, ethnicity, 26 and English language proficiency of the person stopped. The 27 identifying characteristics of a passenger in a motor vehicle 28 shall also be reported if the stop involved both the passenger 29 and a search reported under paragraph “g” . 30 g. The following actions taken by an officer during the 31 stop: 32 (1) Whether the officer asked for consent to search the 33 person or vehicle and whether consent was provided. 34 (2) Whether the officer searched the person or any property, 35 -9- LSB 1426YH (4) 88 as/rh 9/ 25

H.F. 122 and if a search was performed, the basis for the search. 1 (3) Whether the officer seized any property, and a 2 description of the property seized and the basis for seizing 3 the property. 4 (4) Whether the officer used physical force or physical 5 force was used against the officer. 6 h. Other information which the officer or law enforcement 7 agency considers appropriate. 8 3. In consultation with law enforcement agencies, the 9 division of criminal and juvenile justice planning, and 10 the board, the attorney general shall develop a uniform 11 standardized form for each law enforcement agency to use in 12 collecting, compiling, and reporting the information described 13 in subsection 2. 14 4. Each state law enforcement agency and a local law 15 enforcement agency in the state with jurisdiction over fifty 16 thousand residents shall submit the agency’s first report on 17 or before January 1, 2022. A local law enforcement agency 18 in the state with jurisdiction over twenty-five thousand 19 residents but not more than fifty thousand residents shall 20 submit the agency’s first report on or before January 1, 2023. 21 The remaining local law enforcement agencies shall submit the 22 agency’s first report on or before January 1, 2024. 23 5. Except as otherwise provided in this chapter, a 24 law enforcement agency shall not grant access to personal 25 identifying information contained in the data collected by 26 the law enforcement agency to any person except to a federal, 27 state, local, or tribal government employee or agent who 28 requires access to such information in order to collect, 29 compile, and report the data. 30 6. A law enforcement agency may permit a contractor 31 or nongovernmental agent access to personal identifying 32 information that is contained in the data collected, if the 33 contractor or nongovernmental agent signs an agreement which 34 prohibits access of the personal identifying information beyond 35 -10- LSB 1426YH (4) 88 as/rh 10/ 25

H.F. 122 access to the contractor or nongovernmental agent, and if the 1 contractor or nongovernmental agent assures the law enforcement 2 agency in the agreement that adequate security measures have 3 been implemented to prevent unauthorized access to the personal 4 identifying information. 5 Sec. 9. NEW SECTION . 80H.7 Department of justice adoption 6 of rules for data collection —— analysis of data by division of 7 criminal and juvenile justice planning. 8 1. In consultation with the board and the Iowa civil rights 9 commission, and with input from stakeholders including federal, 10 state, and local law enforcement agencies, local communities, 11 researchers, and civil rights organizations, the department 12 of justice shall adopt rules pursuant to chapter 17A for law 13 enforcement agency collection, compilation, and reporting 14 of law enforcement data related to traffic, bicycle, and 15 pedestrian stops. The rules adopted under this section must 16 do the following: 17 a. Require each law enforcement agency to collect and 18 compile data as required by section 80H.6, and report annually 19 to the department of justice on the agency’s traffic, bicycle, 20 and pedestrian stops on a standardized form developed by the 21 attorney general. 22 b. Require each law enforcement agency to prominently 23 publicize the compiled data reported to the attorney general 24 pursuant to section 80H.6, on at least a quarterly basis, on 25 the law enforcement agency’s internet site, or make such data 26 available electronically within thirty days upon request if the 27 law enforcement agency lacks an internet site. 28 c. Require each law enforcement agency and the division of 29 criminal and juvenile justice planning to maintain all data 30 collected, compiled, and reported pursuant to section 80G.6 for 31 at least fifteen years. 32 d. Provide for the protection and privacy of any personal 33 identifying information about the officer or the person stopped 34 that is contained in the data by removing any such personal 35 -11- LSB 1426YH (4) 88 as/rh 11/ 25

H.F. 122 identifying information prior to publicizing the data pursuant 1 to paragraph “b” and subsection 2. 2 2. The division of criminal and juvenile justice planning 3 shall compile all data reported to the department of justice 4 pursuant to this chapter, and shall analyze annually the data 5 in a timely manner, and provide the analysis of the data, along 6 with the compiled data, to the department of justice, the 7 board, the Iowa civil rights commission, and the public. The 8 report shall be accessible to the public from a prominent place 9 on the internet sites of the department of human rights, the 10 department of justice, and the Iowa civil rights commission. 11 The report shall include disaggregated statistical data for 12 each reporting law enforcement agency, and, at a minimum, each 13 reporting law enforcement agency’s total results for each data 14 collection criterion for the calendar year. 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. 10. NEW SECTION . 80H.8 Training. 21 1. The director of the Iowa law enforcement academy, 22 subject to the approval of the Iowa law enforcement academy 23 council, shall develop and disseminate training guidelines 24 and best practices to reduce and eliminate profiling. In 25 developing the training guidelines and best practices, the 26 director shall consult with the department of justice, the 27 board, the Iowa civil rights commission, and the division of 28 criminal and juvenile justice planning, with opportunity for 29 input from federal, state, and local law enforcement agencies, 30 civil rights organizations, and persons having an interest and 31 expertise in the field of cultural awareness and diversity. 32 2. Each law enforcement agency shall provide, and every 33 officer shall participate in training on issues related to 34 profiling, prevention of profiling, data collection, reporting 35 -12- LSB 1426YH (4) 88 as/rh 12/ 25

H.F. 122 methods, and best practices at least every other year. 1 Sec. 11. NEW SECTION . 80H.9 Retaining and producing stop 2 data, reporting profiling, and prohibiting retaliation. 3 1. The division of criminal and juvenile justice planning 4 and each law enforcement agency shall retain and, upon request, 5 shall produce personal identifying stop data for individual 6 officers for use by the law enforcement agency and the Iowa 7 civil service commission for internal investigation and 8 disciplinary proceedings, for use by the Iowa civil rights 9 commission when investigating or adjudicating a charge 10 of discrimination under section 216.10A, and for use by a 11 complainant upon receipt of a right to sue letter from the 12 commission. Such personal identifying stop data for an 13 individual officer and the division of criminal and juvenile 14 justice planning’s analysis of that data are admissible in an 15 adjudication of a claim of unfair or discriminatory practice 16 under section 216.10A. 17 2. An officer is obligated to prevent, report, and respond 18 to profiling by a fellow officer. An officer or employee of a 19 law enforcement agency who opposes profiling or makes a charge, 20 testifies against, assists, or participates in any manner in an 21 investigation, proceeding, or hearing related to profiling is 22 protected against retaliation by section 216.11. 23 3. An officer or an employee of a law enforcement agency 24 who retaliates against an officer or employee for opposing 25 profiling or making a charge, testifying against, assisting, or 26 participating in any manner in an investigation, proceeding, or 27 hearing related to profiling shall be subjected to discipline, 28 including dismissal. 29 Sec. 12. NEW SECTION . 80H.10 Statutory remedies not 30 exclusive. 31 The remedies authorized in this chapter are not exclusive 32 and do not foreclose a person from asserting any remedies the 33 person may have based on the common law or other statutes. 34 Sec. 13. Section 216.2, subsection 15, Code 2019, is amended 35 -13- LSB 1426YH (4) 88 as/rh 13/ 25

H.F. 122 to read as follows: 1 15. “Unfair practice” or “discriminatory practice” means 2 those practices specified as unfair or discriminatory in 3 sections 216.6 , 216.6A , 216.7 , 216.8 , 216.8A , 216.9 , 216.10 , 4 216.10A, 216.11 , and 216.11A . 5 Sec. 14. Section 216.6, subsection 1, Code 2019, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . e. Employer or the employees or agents 8 thereof to discriminate against an employee because the 9 employee makes a charge, testifies against, assists, or 10 participates in any manner in an investigation, proceeding, or 11 hearing related to profiling pursuant to chapter 80G. 12 Sec. 15. NEW SECTION . 216.10A Profiling —— unfair or 13 discriminatory practice. 14 1. It shall be an unfair or discriminatory practice for a 15 peace officer to engage in profiling as defined in chapter 80H. 16 2. The data compiled pursuant to chapter 80H is admissible 17 in pattern and practice disparate treatment profiling cases, 18 in disparate impact profiling cases, or individual cases under 19 chapter 216. 20 3. The law enforcement activities described in section 21 80H.3 do not constitute an unfair or discriminatory practice. 22 Sec. 16. NEW SECTION . 321.182A Application for driver’s 23 license or nonoperator’s identification card —— race, ethnicity, 24 and primary language. 25 1. The department shall request a person who applies for a 26 driver’s license or nonoperator’s identification card or for 27 renewal of a driver’s license or nonoperator’s identification 28 card to disclose and specify the person’s race, ethnicity, and 29 primary language, each of which may be disclosed and specified 30 at the person’s discretion. 31 2. Prior to January 15, 2022, and prior to January 15 of 32 each year thereafter, the department shall submit a report 33 to the general assembly detailing the number of driver’s 34 license and nonoperator’s identification card holders who have 35 -14- LSB 1426YH (4) 88 as/rh 14/ 25

H.F. 122 disclosed and specified a race, ethnicity, or primary language 1 pursuant to subsection 1. 2 3. The department shall electronically maintain as part of 3 a person’s record the race, ethnicity, and primary language 4 information obtained by the department, but shall not include 5 such information on the face or in any machine-readable 6 portion of the person’s driver’s license or nonoperator’s 7 identification card. Race, ethnicity, and primary language 8 information collected by the department shall be considered 9 confidential information and is not a public record or 10 otherwise subject to disclosure under chapter 22. The 11 department shall not release race, ethnicity, and primary 12 language information collected under this section except to any 13 of the following: 14 a. The attorney general for use in the administration of 15 chapter 80H. 16 b. The community policing advisory board established in 17 chapter 80H. 18 c. The Iowa civil rights commission. 19 d. The state court administrator for use in carrying out the 20 administrator’s functions as permitted by law. 21 e. The division of criminal and juvenile justice planning of 22 the department of human rights for use in research activities 23 and in producing statistical reports and analysis as permitted 24 by law. 25 4. For the collection of race, ethnicity, and primary 26 language information pursuant to this section, the department 27 shall follow, to the extent practicable, the race and ethnicity 28 categories, descriptors, or standards utilized by the United 29 States census bureau. 30 Sec. 17. IMPLEMENTATION OF ACT. Section 25B.2, subsection 31 3, shall not apply to this Act. 32 Sec. 18. EFFECTIVE DATE. This Act takes effect October 1, 33 2020. 34 EXPLANATION 35 -15- LSB 1426YH (4) 88 as/rh 15/ 25

H.F. 122 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to law enforcement profiling by 3 standardizing collection and centralizing the compilation 4 and reporting of officer stop and compliant data, providing 5 for officer training, creating a community policing advisory 6 board, and providing for penalties and remedies, and includes 7 effective date provisions. 8 LAW ENFORCEMENT OFFICER TRAINING. The bill provides that 9 the minimum course study requirements, minimum basic training 10 requirements, and in-service training requirements established 11 by the Iowa law enforcement academy shall include a course 12 relating to the prevention of profiling. 13 DEFINITIONS. The bill defines “officer” to mean a peace 14 officer, as defined in Code section 801.4, including while 15 employed off-duty by a private employer and in uniform, but 16 does not include a probation or parole officer. 17 The bill defines “law enforcement activities” to mean 18 traffic, bicyclist, or pedestrian stops by an officer; and 19 actions during a stop, including asking questions, frisks, 20 consensual and nonconsensual searches of an individual or any 21 property, seizing any property, removing occupants from a motor 22 vehicle during a traffic stop, issuing a warning or citation, 23 and making an arrest. “Law enforcement activities” do not 24 include road blocks, vehicle check points, and security checks 25 where every person seeking to enter a venue or facility is 26 subject to detention, questioning, or a search of a person or 27 property, and responses to appeals for service. 28 The bill defines “profiling” to mean a stop by an officer 29 of a driver or passenger, a bicyclist, or a pedestrian for an 30 alleged violation of the law, to allow the officer to then 31 question and probe for information that might suggest the 32 person has committed some not apparent or yet to be identified 33 law violation. A stop shall be considered a pretextual stop 34 under the following circumstances: when the race, color, 35 -16- LSB 1426YH (4) 88 as/rh 16/ 25

H.F. 122 ethnicity, religion, or national origin of the person stopped 1 was considered or relied upon or a motivating factor in making 2 the decision to make a racially discriminatory stop; or when 3 the officer prolonged the stop beyond the amount of time when 4 the law enforcement tasks tied to the alleged violation are or 5 reasonably should have been completed. 6 The bill defines “disparate treatment” to mean differential 7 treatment of a person on the basis of race, color, ethnicity, 8 religion, or national origin. 9 The bill defines “pretextual stop” to mean a stop by an 10 officer of a driver or passenger, a bicyclist, or a pedestrian 11 for an alleged violation of the law, to allow the officer to 12 then question and probe for information that might suggest the 13 person had committed some not apparent or yet to be identified 14 law violation. 15 The bill defines a “discriminatory pretextual stop” to 16 mean a stop involving disparate treatment by the officer or a 17 stop for which the person’s race, color, ethnicity, religion, 18 or national origin was considered or relied upon or was a 19 motivating factor in the officer’s decision to make the stop 20 or to take other action during the stop, including a request 21 to consent to a search. It is not a discriminatory pretextual 22 stop when an officer bases the officer’s decision to make a 23 stop on a specific suspect description-based identification 24 that includes in the suspect’s identification one or more 25 of the personal characteristics or traits of race, color, 26 ethnicity, religion, or national origin. However, a specific 27 suspect description-based identification only provides probable 28 cause or reasonable suspicion to stop a person who reasonably 29 resembles the person described in that identification, and does 30 not allow an officer to stop a person merely because the person 31 is of the same race, color, ethnicity, religion, or national 32 origin as the suspect. 33 PROFILING. The bill prohibits an officer from engaging 34 in profiling in the course of performing law enforcement 35 -17- LSB 1426YH (4) 88 as/rh 17/ 25

H.F. 122 activities. It is not profiling under the following 1 circumstances: when a law enforcement agency’s policy allowing 2 the use of information that has been provided by a victim 3 describing the personal identifying characteristics of an 4 alleged perpetrator; an action by an officer that relies 5 upon personal identifying information, a specific suspect 6 description-based identification, a person’s observed behavior, 7 and other trustworthy information, except such information 8 only provides probable cause or reasonable suspicion to stop 9 a person who reasonably resembles the person described in 10 that identification; and a traffic stop when directed at the 11 traffic-related mission, namely, checking driver’s license, 12 vehicle registration, insurance or financial responsibility, 13 outstanding warrants, and issuing citations or preparing 14 warnings, except the authority for a traffic stop ends when 15 the officer’s tasks tied to the traffic infraction that is 16 the basis for the stop are or reasonably should have been 17 completed. 18 COMMUNITY POLICING ADVISORY BOARD. The bill requires the 19 attorney general to establish a community policing advisory 20 board for the purpose of recognizing and promoting awareness of 21 profiling by law enforcement, providing advice in development 22 of best practices to prevent profiling, and monitoring 23 implementation of best practices in the field. In establishing 24 the board, the bill requires the attorney general to ensure 25 that the board is racially and ethnically diverse and gender 26 balanced. The bill specifies that the attorney general shall 27 also provide or arrange for the staff necessary to assist the 28 board. 29 The bill provides that the community policing advisory 30 board shall consist of 16 voting members and four ex officio, 31 nonvoting members. The attorney general shall appoint the 32 following nine board members: four representatives from 33 community organizations historically associated with efforts 34 to eliminate racial discrimination, of whom one representative 35 -18- LSB 1426YH (4) 88 as/rh 18/ 25

H.F. 122 shall be at least 16 years of age but not more than 24 years 1 of age at the time of appointment; three representatives from 2 advocacy groups that support individuals who have experienced 3 discrimination based on race, color, ethnicity, religion, or 4 national origin; and two clergy members who have significant 5 experience in addressing and reducing racial discrimination and 6 other biases. 7 The bill specifies that the following individuals shall also 8 serve on the community policing advisory board: the attorney 9 general or the attorney general’s designee, the director of 10 the department of public safety, the director of the Iowa law 11 enforcement academy, the state public defender or the state 12 public defender’s designee, the director of the Iowa civil 13 rights commission, the president of the board of directors of 14 the Iowa police chiefs association or the president’s designee; 15 and the president of the Iowa state sheriffs’ and deputies’ 16 association or the president’s designee. 17 The bill specifies that the board shall also include four 18 members of the general assembly who shall serve as ex officio, 19 nonvoting members, with one member each appointed by the 20 majority leader of the senate, the minority leader of the 21 senate, the speaker of the house of representatives, and the 22 minority leader of the house of representatives. 23 The board members generally serve staggered four-year terms. 24 The bill provides that the members of the board shall only 25 receive reimbursement for actual expenses for performance of 26 their official duties as members of the board. 27 The bill specifies that the board shall be subject to the 28 provisions of Code chapters 21 (open meetings) and 22 (open 29 records). 30 BOARD ACTIONS REQUIRED BY APRIL 1, 2021. The bill requires 31 the board to develop a standard notice form to be provided 32 to each individual stopped by an officer, when practicable, 33 informing the individual of the individual’s right to file 34 a complaint with the Iowa civil rights commission if the 35 -19- LSB 1426YH (4) 88 as/rh 19/ 25