Senate Study Bill 3141 - IntroducedA Bill ForAn Act 1relating to discrimination and disparate treatment by
2local entities including law enforcement.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  80I.1  Purpose — construction.
   2It is the purpose of this chapter to prohibit disparate
3treatment in law enforcement, including racial and ethnic
4profiling, to foster trust and cooperation with law enforcement
5in Iowa communities and to create a safer state for all Iowans.
6   Sec. 2.  NEW SECTION.  80I.2  Definitions.
   7As used in this chapter, unless the context otherwise
8requires:
   91.  “Board” means the justice and community policing advisory
10board established in section 216A.132.
   112.  “Disparate treatment” means differential treatment of a
12person on the basis of race, skin color, or national origin.
   133.  “Law enforcement agency” means any agency, department, or
14division of a municipal corporation, political subdivision, or
15other unit of local government of this state, and any agency,
16department, or division of state government, having as its
17primary function the prevention and detection of crime and the
18enforcement of the criminal laws of this state.
   194.  “Law enforcement officer” means the same as defined in
20section 80B.3.
   215.  “Motor vehicle stop” means any stop of a motor vehicle,
22except for a stop of a motor truck, truck tractor, semitrailer,
23trailer, or towed vehicle at a state weighing station.
24   Sec. 3.  NEW SECTION.  80I.3  Disparate treatment prohibited.
   25A state or local law enforcement officer shall not engage in
26the disparate treatment of an individual who has been detained
27or whose motor vehicle has been stopped by a law enforcement
28officer.
29   Sec. 4.  NEW SECTION.  80I.4  Data collection and reporting.
   301.  Each state and local law enforcement agency shall collect
31and compile the following information on every motor vehicle
32stop conducted by a law enforcement officer during a calendar
33year, and shall submit an annual report, no later than November
341, to the division of criminal and juvenile justice planning of
35the department of human rights:
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   1a.  The time, date, and location of the motor vehicle stop.
   2b.  The nature of the alleged law violation that resulted in
3the motor vehicle stop.
   4c.  Whether an arrest was made at the time of the motor
5vehicle stop.
   6d.  Whether a search was conducted as a result of the motor
7vehicle stop.
   8e.  Whether an oral or written warning was given or a
9citation was issued.
   10f.  The offense the person was arrested for, if applicable.
   11g.  The person’s race and ethnicity.
   12h.  Any other information which the law enforcement officer
13or law enforcement agency considers appropriate.
   142.  In consultation with law enforcement agencies, the
15department of public safety, and the division of criminal
16and juvenile justice planning of the department of human
17rights, the board shall develop a uniform manner for each law
18enforcement agency to report the information described in
19subsection 1.
20   Sec. 5.  NEW SECTION.  80I.5  Data analysis.
   21The division of criminal and juvenile justice planning of
22the department of human rights shall compile all data reported
23pursuant to section 80I.4, analyze the data in a timely manner,
24and provide an analysis of the data along with the compiled
25data to the board no later than December 1 of each year. The
26report shall be accessible to the public from a prominent place
27on the board’s website.
28   Sec. 6.  NEW SECTION.  80I.6  Investigations.
   291.  A law enforcement agency shall conduct a formal
30administrative investigation of all complaints, as defined in
31section 80F.1, alleging violations of section 80I.3 by the
32agency’s law enforcement officers.
   332.  The attorney general shall investigate an alleged
34violation of section 80I.3 that is also a violation of section
3527B.3 pursuant to a complaint filed under section 27B.4.
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1   Sec. 7.  Section 216A.3, subsection 2, paragraph a, Code
22022, is amended to read as follows:
   3a.  The voting members shall consist of nine voting members
4selected by each of the permanent commissions within the
5department, and two voting members, appointed by the governor.
6For purposes of this paragraph “a”, “permanent commissions”
7means the commission of Latino affairs, commission on the
8status of women, commission of persons with disabilities,
9commission on community action agencies, commission of deaf
10services, justice and community policing advisory board,
11commission on the status of African Americans, commission of
12Asian and Pacific Islander affairs, and commission of Native
13American affairs. The term of office for voting members is
14four years.
15   Sec. 8.  Section 216A.131, subsection 2, Code 2022, is
16amended to read as follows:
   172.  “Board” means the justice and community policing advisory
18board.
19   Sec. 9.  Section 216A.132, subsection 1, Code 2022, is
20amended by striking the subsection and inserting in lieu
21thereof the following:
   221.  A justice and community policing advisory board is
23established consisting of thirty-two members who shall all
24reside in the state.
   25a.  The governor shall appoint thirteen voting members
26each for a four-year term beginning and ending as provided in
27section 69.19 and subject to confirmation by the senate as
28follows:
   29(1)  A sheriff who is a member of the Iowa state sheriffs’
30and deputies’ association.
   31(2)  A chief of police who is a member of the Iowa police
32chiefs association.
   33(3)  A peace officer who is a member of the Iowa peace
34officers association.
   35(4)  A peace officer who is a member of the fraternal order
-3-1of police.
   2(5)  A peace officer who is a member of the Iowa state police
3association.
   4(6)  A representative from the Iowa-Nebraska national
5association for the advancement of colored people.
   6(7)  A representative from the American civil liberties
7union of Iowa.
   8(8)  A representative from the Iowa coalition for collective
9change.
   10(9)  One person who was formerly under juvenile court or
11correctional supervision.
   12(10)  A representative from the office of the state public
13defender.
   14(11)  A representative from the Iowa county attorneys
15association.
   16(12)  Two persons representing the general public who are
17not employed in any law enforcement, judicial, or corrections
18capacity including one person who is at least fifteen years of
19age but less than twenty-five years of age.
   20b.  The following shall serve on the board as ex officio,
21nonvoting members:
   22(1)  The chairperson of the commission on the status of
23African Americans or its designee.
   24(2)  The chairperson of the commission of Latino affairs or
25its designee.
   26(3)  The chairperson of the commission of Asian and Pacific
27Islander affairs or its designee.
   28(4)  The chairperson of the commission of Native American
29affairs or its designee.
   30(5)  The director of the department of human services or its
31designee.
   32(6)  The director of the department of public health or its
33designee.
   34(7)  The commissioner of the department of public safety or
35its designee.
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   1(8)  The director of the Iowa law enforcement academy or its
2designee.
   3(9)  The director of the department of corrections or its
4designee.
   5(10)  The chairperson of the board of parole or its designee.
   6(11)  The attorney general or its designee.
   7(12)  The director of the governor’s office of drug control
8policy or its designee.
   9(13)  One member representing the judicial district
10departments of correctional services designated by a majority
11of the directors of the judicial district departments of
12correctional services.
   13(14)  The chief justice of the supreme court shall designate
14the following:
   15(a)  One member who is a district judge.
   16(b)  One member who is either a district associate judge or
17associate juvenile judge.
   18(15)  The chairperson and ranking member of the senate
19committee on judiciary shall be ex officio, nonvoting members.
20In alternating two-year terms, beginning and ending as provided
21in section 69.16B, the chairperson and ranking member of the
22house committee on judiciary or of the house committee on
23public safety shall be ex officio, nonvoting members, with the
24chairperson and ranking member of the house committee on public
25safety serving during the term beginning in January 2023.
26   Sec. 10.  Section 216A.133, subsection 3, paragraph o, Code
272022, is amended by adding the following new subparagraph:
28   NEW SUBPARAGRAPH.  (9)  Potential disparity in law
29enforcement activities and the delivery of law enforcement
30services.
31   Sec. 11.  Section 216A.133, subsection 3, Code 2022, is
32amended by adding the following new paragraphs:
33   NEW PARAGRAPH.  s.  Studying and making recommendations for
34eliminating disparity in law enforcement activities and the
35delivery of law enforcement services.
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1   NEW PARAGRAPH.  t.  Recommending to the department the
2adoption of rules pursuant to chapter 17A as it deems necessary
3for the collection, compilation, and reporting of motor vehicle
4stop data pursuant to section 80I.4.
5   Sec. 12.  Section 216A.135, subsection 2, Code 2022, is
6amended by adding the following new paragraph:
7   NEW PARAGRAPH.  g.  An assessment and analysis of the
8collection, compilation, and reporting of motor vehicle
9stop data compiled by law enforcement agencies, including an
10analysis of disparate treatment based on race and ethnicity
11across geographic areas of the state, and the past and current
12status of racial profiling across the state.
13   Sec. 13.  NEW SECTION.  321.182A  Application for driver’s
14license or nonoperator’s identification card — race and
15ethnicity.
   161.  The department shall request that a person who applies
17for a driver’s license or nonoperator’s identification
18card or for renewal of a driver’s license or nonoperator’s
19identification card disclose and specify the person’s race and
20ethnicity, each of which may be disclosed and specified to the
21department at the person’s discretion.
   222.  Prior to January 15, 2024, and prior to January 15 of
23each year thereafter, the department shall submit a report
24to the general assembly detailing the number of driver’s
25license and nonoperator’s identification card holders who
26have disclosed and specified a race and ethnicity pursuant to
27subsection 1.
   283.  The department shall electronically maintain as part
29of a person’s record, and in the machine-readable portion of
30the driver’s license or nonoperator’s identification card,
31race and ethnicity information obtained by the department, but
32shall not include such information on the face of the person’s
33driver’s license or nonoperator’s identification card. Race
34and ethnicity information collected by the department shall
35be accessible by an officer or employee of a law enforcement
-6-1agency for use in carrying out the agency’s functions as
2permitted by law, but shall be considered confidential
3information and is not a public record or otherwise subject
4to disclosure under chapter 22. The department shall not
5otherwise release race and ethnicity information collected
6under this section except to any of the following:
   7a.  The justice and community policing advisory board
8established in section 216A.132.
   9b.  The state court administrator for use in carrying out the
10administrator’s functions as permitted by law.
   11c.  The division of criminal and juvenile justice planning of
12the department of human rights for use in research activities
13and in producing statistical reports and analysis as permitted
14by law.
   154.  For the collection of race and ethnicity information
16pursuant to this section, the department shall follow, to
17the extent practicable, the race and ethnicity categories,
18descriptors, and standards utilized by the United States census
19bureau.
   205.  The department may adopt rules to administer this
21section.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
   25This bill relates to discrimination and disparate treatment
26in law enforcement.
   27DISPARATE TREATMENT BY LAW ENFORCEMENT. The bill creates
28a new Code chapter concerning disparate treatment by law
29enforcement. The bill provides that it is the purpose of
30the Code chapter to prohibit disparate treatment by law
31enforcement, including racial and ethnic profiling, to foster
32trust and cooperation with law enforcement in Iowa communities
33and to create a safer state for all Iowans. “Disparate
34treatment” is defined as the differential treatment of a person
35on the basis of race, skin color, or national origin. The
-7-1bill also defines “law enforcement agency”, “law enforcement
2officer”, and “motor vehicle stop”.
   3The bill provides that a state or local law enforcement
4officer shall not engage in the disparate treatment of an
5individual who has been detained or whose motor vehicle has
6been stopped by a law enforcement officer.
   7The bill directs each state and local law enforcement
8agency to collect and compile data on every motor vehicle stop
9conducted by a law enforcement officer of the agency during a
10calendar year, and to submit an annual report to the division
11of criminal and juvenile justice planning of the department of
12human rights. The following information shall be collected,
13compiled, and reported when a law enforcement officer makes
14a motor vehicle stop: the time, date, and location of the
15motor vehicle stop; the nature of the alleged law violation
16that resulted in the motor vehicle stop; whether an arrest was
17made at the time of the motor vehicle stop; whether a search
18was conducted as a result of the motor vehicle stop; whether
19an oral or written warning was given or a citation issued; the
20offense the person was arrested for, if applicable; the race
21and ethnicity of the person stopped; and any other information
22which the officer or law enforcement agency considers
23appropriate. The justice and community policing board
24established in the bill, in consultation with law enforcement
25agencies, the department of public safety, and the division
26of criminal and juvenile justice planning of the department
27of human rights shall develop a uniform manner for each law
28enforcement agency to report the information. The division of
29criminal and juvenile justice planning of the department of
30human rights shall compile all data reported, analyze the data
31in a timely manner, and provide an analysis of the data along
32with the compiled data to the board by December 1 of each year.
33The report shall be accessible to the public from a prominent
34place on the board’s website.
   35The bill provides that a law enforcement agency shall
-8-1conduct a formal administrative investigation of all
2violations concerning disparate treatment by law enforcement
3administratively, and that the attorney general shall
4investigate alleged violations of the bill that are also
5violations of Code section 27B.3 pursuant to a complaint
6filed under Code section 27B.4 (local entity discrimination
7complaints).
   8JUSTICE AND COMMUNITY POLICING ADVISORY BOARD. The bill
9changes the name of the justice advisory board created in
10Code section 216A.132 to the justice and community policing
11advisory board, and increases board membership from 28 to 32
12members. The bill provides for the appointment of members of
13the advisory board by the governor as well as other ex officio,
14nonvoting members.
   15The bill adds the following duties to the justice and
16community policing advisory board: providing the general
17assembly with an analysis and recommendations of current
18criminal code provisions and proposed legislation regarding
19potential disparity in law enforcement activities and the
20delivery of law enforcement services; studying and making
21recommendations for eliminating disparity in law enforcement
22activities and the delivery of law enforcement services; and
23recommending to the department of human services the adoption
24of rules pursuant to Code chapter 17A for the collection,
25compilation, and reporting of motor vehicle stop data. The
26board is directed to include in its three-year criminal
27and juvenile justice plan an assessment and analysis of the
28collection, compilation, and reporting of motor vehicle stop
29data including an analysis of disparate treatment based on race
30and ethnicity.
   31DRIVER’S LICENSE AND NONOPERATOR IDENTIFICATION CARD
32APPLICATIONS — RACE AND ETHNICITY. The bill provides that
33a person applying for a driver’s license or a nonoperator’s
34identification card will be requested by the department of
35transportation to specify the person’s race and ethnicity.
-9-1The bill requires the department to make an annual report
2to the general assembly regarding the number of persons who
3have disclosed and specified a race and ethnicity. Race
4and ethnicity information shall only be released to a law
5enforcement officer, an employee of a law enforcement agency,
6the justice and community policing advisory board, the state
7court administrator, and the division of criminal and juvenile
8justice planning of the department of human rights.
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