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House File 2646 - IntroducedA Bill ForAn Act 1relating to annual reports submitted by law enforcement
2agencies to the attorney general regarding information
3collected during traffic, bicycle, or pedestrian stops.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 13.12 Law enforcement data
2collection and reporting.
31. Every state and local law enforcement agency shall
4collect and compile data on each traffic, bicycle, or
5pedestrian stop conducted by its officers, and shall report the
6data to the attorney general on or before July 1 of each year,
7subject to subsection 3. All of the following information
8shall be collected and compiled for each stop, including but
9not limited to stops that involve questioning or a driver’s
10license or motor vehicle registration check but that do not
11result in the issuance of a written citation or warning:
12a. The time, date, location, and duration of the stop.
13b. The reason for the stop.
14c. Whether the officer performed a driver’s license or motor
15vehicle registration check.
16d. Whether the officer issued a citation or an oral or
17written warning.
18e. The offense for which the individual was warned, cited,
19or arrested, if applicable.
20f. The race, ethnicity, sex, and approximate age of the
21individual, and whether English is the individual’s primary
22language. The identification of these characteristics shall be
23based primarily on information obtained from the individual’s
24driver’s license or nonoperator’s identification card and
25secondarily on the observations and perceptions of the officer
26performing the stop. The officer shall not be required to
27inquire about the individual’s race or ethnicity, or whether
28English is the individual’s primary language, and shall rely
29principally on such information encrypted on the individual’s
30driver’s license or nonoperator’s identification card pursuant
31to section 321.189 or 321.190. The identifying characteristics
32of any passenger in the motor vehicle shall also be reported
33if the stop involved the passenger and the officer performed a
34search.
35g. Whether the officer asked for consent to search the
-1-1individual or vehicle and whether the individual consented to
2the search; whether the officer searched the individual, the
3vehicle, or any property, and the basis for the search; and
4whether the officer seized any property, a description of the
5property seized, and the basis for seizing the property.
6h. Whether the officer used physical force against the
7individual and whether the individual used physical force
8against the officer.
9i. Any other information which the officer or law
10enforcement agency considers appropriate.
112. The attorney general shall develop a standardized form to
12be used by law enforcement agencies in collecting, compiling,
13and reporting the information pursuant to subsection 1.
143. a. Every state law enforcement agency and every local
15law enforcement agency with jurisdiction over a city with a
16population of four thousand five hundred or more shall submit
17its first report to the attorney general on or before July 1,
182021.
19b. Every local law enforcement agency with jurisdiction over
20a city with a population of at least two thousand five hundred
21but less than four thousand five hundred shall submit its first
22report to the attorney general on or before July 1, 2022.
23c. Every local law enforcement agency with jurisdiction over
24a city with a population of less than two thousand five hundred
25shall submit its first report to the attorney general on or
26before July 1, 2023.
274. a. Except as otherwise provided by law, a law
28enforcement agency shall not grant access to any personal
29identifying information contained in the data collected by
30the agency to any person except a federal, state, local, or
31tribal government employee or agent who requires access to such
32information in order to collect, compile, and report the data
33in accordance with this section.
34b. A law enforcement agency may permit a contractor
35or nongovernmental entity to access personal identifying
-2-1information contained in the data if the contractor or
2nongovernmental entity signs an agreement with the agency
3which prohibits further disclosure of the personal identifying
4information by the contractor or nongovernmental entity, and
5if the contractor or nongovernmental entity is required by the
6agreement to maintain adequate security measures to prevent
7unauthorized access to the personal identifying information.
8 Sec. 2. Section 321.189, subsection 2, paragraph a, Code
92020, is amended to read as follows:
10a. Appearing on the driver’s license shall be a
11distinguishing number assigned to the licensee; the licensee’s
12full name, date of birth, sex, and residence address; a
13color photograph; a physical description of the licensee;
14the name of the state; the dates of issuance and expiration;
15and the usual signature of the licensee. The license shall
16identify the class of vehicle the licensee may operate and the
17applicable endorsements and restrictions which the department
18shall require by rule. The licensee’s race and ethnicity, and
19whether English is the licensee’s primary language, shall be
20encrypted on the back of the license.
21 Sec. 3. Section 321.190, subsection 1, paragraph a, Code
222020, is amended to read as follows:
23a. The department shall, upon application and payment
24of the required fee, issue to an applicant a nonoperator’s
25identification card. To be valid the card shall bear a
26distinguishing number other than a social security number
27assigned to the cardholder, the full name, date of birth,
28sex, residence address, a physical description and a color
29photograph of the cardholder, the usual signature of the
30cardholder, and such other information as the department may
31require by rule. The card shall also contain the cardholder’s
32race and ethnicity, and whether English is the cardholder’s
33primary language, encrypted on the back of the card. An
34applicant for a nonoperator’s identification card shall
35apply for the card in the manner provided in section 321.182,
-3-1subsections 1 through 3. The card shall be issued to the
2applicant at the time of application pursuant to procedures
3established by rule. An applicant for a nonoperator’s
4identification card who is required by 50 U.S.C. app.§451
5et seq.to register with the United States selective service
6system shall be registered by the department with the selective
7service system as provided in section 321.183.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill requires that every state and local law
12enforcement agency collect and compile data on each traffic,
13bicycle, or pedestrian stop conducted by the agency’s officers
14and report that data to the attorney general on or before July
151 of each year. The bill describes the information that a law
16enforcement agency’s officers must collect and compile for each
17stop, including the time, date, location, and duration of the
18stop; the reason for the stop; whether the officer performed a
19driver’s license or motor vehicle registration check; whether
20the officer issued a citation or warning; the offense for which
21an individual was warned, cited, or arrested; whether the
22officer asked for consent to search the individual or vehicle
23and whether the individual consented to the search; whether
24the officer searched the individual, vehicle, or any property
25and the basis for the search; whether the officer seized any
26property and a description of the property and basis for
27seizing the property; whether the officer used physical force
28against the individual and whether the individual used physical
29force against the officer; and any other information which the
30officer or law enforcement agency considers appropriate.
31The bill also requires a law enforcement agency’s officers
32to collect the race, ethnicity, and approximate age of the
33individual, and whether English is the individual’s primary
34language. However, the identification of these characteristics
35must be based primarily on information obtained from the
-4-1individual’s driver’s license or nonoperator’s identification
2card and secondarily on the observations and perceptions of the
3officer performing the stop. The bill further requires that
4an individual’s race and ethnicity, and whether English is the
5individual’s primary language, be encrypted on the back of an
6individual’s driver’s license or nonoperator’s identification
7card, and an officer must principally rely on this encrypted
8data when collecting the information required by the bill.
9The bill requires the attorney general to develop a form to
10be used by law enforcement agencies in collecting, compiling,
11and reporting the information required by the bill.
12The bill requires that every state law enforcement agency
13and local law enforcement agency with jurisdiction over a city
14with a population of 4,500 or more to submit its first report
15to the attorney general on or before July 1, 2021. Every local
16law enforcement agency with jurisdiction over a city with a
17population of at least 2,500 but less than 4,500 is required
18to submit its first report on or before July 1, 2022. Lastly,
19every local law enforcement agency with jurisdiction over a
20city with a population of less than 2,500 is required to submit
21its first report on or before July 1, 2023.
22The bill provides that a law enforcement agency is not
23allowed to grant access to the personal identifying information
24contained in the data collected by the agency to any person,
25subject to exceptions for certain government employees and
26agents and certain contractors or nongovernmental entities.
-5-mo/ns
2agencies to the attorney general regarding information
3collected during traffic, bicycle, or pedestrian stops.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 13.12 Law enforcement data
2collection and reporting.
31. Every state and local law enforcement agency shall
4collect and compile data on each traffic, bicycle, or
5pedestrian stop conducted by its officers, and shall report the
6data to the attorney general on or before July 1 of each year,
7subject to subsection 3. All of the following information
8shall be collected and compiled for each stop, including but
9not limited to stops that involve questioning or a driver’s
10license or motor vehicle registration check but that do not
11result in the issuance of a written citation or warning:
12a. The time, date, location, and duration of the stop.
13b. The reason for the stop.
14c. Whether the officer performed a driver’s license or motor
15vehicle registration check.
16d. Whether the officer issued a citation or an oral or
17written warning.
18e. The offense for which the individual was warned, cited,
19or arrested, if applicable.
20f. The race, ethnicity, sex, and approximate age of the
21individual, and whether English is the individual’s primary
22language. The identification of these characteristics shall be
23based primarily on information obtained from the individual’s
24driver’s license or nonoperator’s identification card and
25secondarily on the observations and perceptions of the officer
26performing the stop. The officer shall not be required to
27inquire about the individual’s race or ethnicity, or whether
28English is the individual’s primary language, and shall rely
29principally on such information encrypted on the individual’s
30driver’s license or nonoperator’s identification card pursuant
31to section 321.189 or 321.190. The identifying characteristics
32of any passenger in the motor vehicle shall also be reported
33if the stop involved the passenger and the officer performed a
34search.
35g. Whether the officer asked for consent to search the
-1-1individual or vehicle and whether the individual consented to
2the search; whether the officer searched the individual, the
3vehicle, or any property, and the basis for the search; and
4whether the officer seized any property, a description of the
5property seized, and the basis for seizing the property.
6h. Whether the officer used physical force against the
7individual and whether the individual used physical force
8against the officer.
9i. Any other information which the officer or law
10enforcement agency considers appropriate.
112. The attorney general shall develop a standardized form to
12be used by law enforcement agencies in collecting, compiling,
13and reporting the information pursuant to subsection 1.
143. a. Every state law enforcement agency and every local
15law enforcement agency with jurisdiction over a city with a
16population of four thousand five hundred or more shall submit
17its first report to the attorney general on or before July 1,
182021.
19b. Every local law enforcement agency with jurisdiction over
20a city with a population of at least two thousand five hundred
21but less than four thousand five hundred shall submit its first
22report to the attorney general on or before July 1, 2022.
23c. Every local law enforcement agency with jurisdiction over
24a city with a population of less than two thousand five hundred
25shall submit its first report to the attorney general on or
26before July 1, 2023.
274. a. Except as otherwise provided by law, a law
28enforcement agency shall not grant access to any personal
29identifying information contained in the data collected by
30the agency to any person except a federal, state, local, or
31tribal government employee or agent who requires access to such
32information in order to collect, compile, and report the data
33in accordance with this section.
34b. A law enforcement agency may permit a contractor
35or nongovernmental entity to access personal identifying
-2-1information contained in the data if the contractor or
2nongovernmental entity signs an agreement with the agency
3which prohibits further disclosure of the personal identifying
4information by the contractor or nongovernmental entity, and
5if the contractor or nongovernmental entity is required by the
6agreement to maintain adequate security measures to prevent
7unauthorized access to the personal identifying information.
8 Sec. 2. Section 321.189, subsection 2, paragraph a, Code
92020, is amended to read as follows:
10a. Appearing on the driver’s license shall be a
11distinguishing number assigned to the licensee; the licensee’s
12full name, date of birth, sex, and residence address; a
13color photograph; a physical description of the licensee;
14the name of the state; the dates of issuance and expiration;
15and the usual signature of the licensee. The license shall
16identify the class of vehicle the licensee may operate and the
17applicable endorsements and restrictions which the department
18shall require by rule. The licensee’s race and ethnicity, and
19whether English is the licensee’s primary language, shall be
20encrypted on the back of the license.
21 Sec. 3. Section 321.190, subsection 1, paragraph a, Code
222020, is amended to read as follows:
23a. The department shall, upon application and payment
24of the required fee, issue to an applicant a nonoperator’s
25identification card. To be valid the card shall bear a
26distinguishing number other than a social security number
27assigned to the cardholder, the full name, date of birth,
28sex, residence address, a physical description and a color
29photograph of the cardholder, the usual signature of the
30cardholder, and such other information as the department may
31require by rule. The card shall also contain the cardholder’s
32race and ethnicity, and whether English is the cardholder’s
33primary language, encrypted on the back of the card. An
34applicant for a nonoperator’s identification card shall
35apply for the card in the manner provided in section 321.182,
-3-1subsections 1 through 3. The card shall be issued to the
2applicant at the time of application pursuant to procedures
3established by rule. An applicant for a nonoperator’s
4identification card who is required by 50 U.S.C. app.§451
5et seq.to register with the United States selective service
6system shall be registered by the department with the selective
7service system as provided in section 321.183.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill requires that every state and local law
12enforcement agency collect and compile data on each traffic,
13bicycle, or pedestrian stop conducted by the agency’s officers
14and report that data to the attorney general on or before July
151 of each year. The bill describes the information that a law
16enforcement agency’s officers must collect and compile for each
17stop, including the time, date, location, and duration of the
18stop; the reason for the stop; whether the officer performed a
19driver’s license or motor vehicle registration check; whether
20the officer issued a citation or warning; the offense for which
21an individual was warned, cited, or arrested; whether the
22officer asked for consent to search the individual or vehicle
23and whether the individual consented to the search; whether
24the officer searched the individual, vehicle, or any property
25and the basis for the search; whether the officer seized any
26property and a description of the property and basis for
27seizing the property; whether the officer used physical force
28against the individual and whether the individual used physical
29force against the officer; and any other information which the
30officer or law enforcement agency considers appropriate.
31The bill also requires a law enforcement agency’s officers
32to collect the race, ethnicity, and approximate age of the
33individual, and whether English is the individual’s primary
34language. However, the identification of these characteristics
35must be based primarily on information obtained from the
-4-1individual’s driver’s license or nonoperator’s identification
2card and secondarily on the observations and perceptions of the
3officer performing the stop. The bill further requires that
4an individual’s race and ethnicity, and whether English is the
5individual’s primary language, be encrypted on the back of an
6individual’s driver’s license or nonoperator’s identification
7card, and an officer must principally rely on this encrypted
8data when collecting the information required by the bill.
9The bill requires the attorney general to develop a form to
10be used by law enforcement agencies in collecting, compiling,
11and reporting the information required by the bill.
12The bill requires that every state law enforcement agency
13and local law enforcement agency with jurisdiction over a city
14with a population of 4,500 or more to submit its first report
15to the attorney general on or before July 1, 2021. Every local
16law enforcement agency with jurisdiction over a city with a
17population of at least 2,500 but less than 4,500 is required
18to submit its first report on or before July 1, 2022. Lastly,
19every local law enforcement agency with jurisdiction over a
20city with a population of less than 2,500 is required to submit
21its first report on or before July 1, 2023.
22The bill provides that a law enforcement agency is not
23allowed to grant access to the personal identifying information
24contained in the data collected by the agency to any person,
25subject to exceptions for certain government employees and
26agents and certain contractors or nongovernmental entities.
-5-mo/ns