House File 356 - Introduced HOUSE FILE 356 BY MASCHER 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 2306YH (2) 89 as/rh

H.F. 356 Section 1. Section 80B.11, subsection 1, paragraphs a and b, 1 Code 2021, 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 80I.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 80I.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 80I.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 2021, 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 80I.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 2306YH (2) 89 as/rh 1/ 23

H.F. 356 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 . 80I.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 . 80I.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 11. 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 2306YH (2) 89 as/rh 2/ 23

H.F. 356 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 roadblocks, vehicle check points, and security checks 6 where every person seeking to enter a venue or facility is 7 subject to detention, questioning, or a search of person or 8 property, and responses to requests for service. 9 6. “Law enforcement agency” means any governmental agency 10 that investigates persons suspected of or charged with a crime. 11 7. “Officer” means a peace officer, as defined in section 12 801.4 including while employed off-duty by a private employer 13 and in uniform, but not including a probation officer or a 14 parole officer. 15 8. “Personal identifying information” means a person’s name, 16 address, or any other information that would allow a third 17 party to identify the person by name. 18 9. “Pretextual stop” means a stop by an officer of a driver 19 or passenger, a bicyclist, or a pedestrian for an alleged 20 violation of the law, to allow the officer to then question 21 and probe for information that might suggest the person 22 has committed some not apparent or yet-to-be identified law 23 violation. A stop shall be considered a pretextual stop under 24 the following circumstances: 25 a. When the race, color, ethnicity, religion, or national 26 origin of the person stopped was considered or relied upon 27 or was a motivating factor in making the decision to make a 28 racially discriminatory stop. 29 b. When the officer prolonged the stop beyond the amount 30 of time when the law enforcement tasks tied to the alleged 31 violation are or reasonably should have been completed. 32 10. “Profiling” means any of the following when an officer 33 is deciding to initiate law enforcement activities including 34 the use and scope of such activities: 35 -3- LSB 2306YH (2) 89 as/rh 3/ 23

H.F. 356 a. Consideration or reliance upon actual or perceived race, 1 color, ethnicity, religion, or national origin. 2 b. Disparate treatment of a person. 3 c. Making or conducting a discriminatory pretextual stop. 4 11. “Specific suspect description-based identification” means 5 a reasonably detailed physical description of the personal 6 identifying characteristics of a potential suspect, including 7 but not limited to age, sex, ethnicity, race, or English 8 language proficiency. 9 12. “Stop” means the detention of a person by an officer, 10 including a temporary detention. 11 Sec. 5. NEW SECTION . 80I.3 Profiling —— prohibition —— 12 allowed policy and actions. 13 1. An officer shall not engage in profiling in the course of 14 performing law enforcement activities. 15 2. This section shall not prohibit any of the following: 16 a. A law enforcement agency’s policy allowing the use of 17 information that has been provided by a victim describing the 18 personal identifying characteristics of an alleged perpetrator 19 of a crime in order to seek out persons who match that 20 description. 21 b. An action by an officer that relies upon any of the 22 following: 23 (1) Personal identifying information or a specific suspect 24 description-based identification. However, a specific suspect 25 description-based identification only provides probable 26 cause or reasonable suspicion to stop a person who reasonably 27 resembles the person described in that identification, and does 28 not allow an officer to stop a person merely because the person 29 is of the same race, color, ethnicity, religion, or national 30 origin as the suspect. 31 (2) A person’s observed behavior linking that person or 32 another person to suspected unlawful activity that establishes 33 probable cause or a reasonable suspicion that criminal activity 34 is afoot. 35 -4- LSB 2306YH (2) 89 as/rh 4/ 23

H.F. 356 (3) Other trustworthy information or circumstances, 1 relevant to the locality and time frame, linking a person to 2 suspected unlawful activity that establishes probable cause or 3 a reasonable suspicion that criminal activity is afoot. 4 c. A traffic stop when directed at the traffic-related 5 mission, namely, checking a driver’s license, vehicle 6 registration, insurance or financial responsibility, 7 outstanding warrants, and issuing citations or preparing 8 warnings. However, the authority for a traffic stop ends 9 when the officer’s tasks tied to the traffic infraction that 10 is the basis for the stop are or reasonably should have been 11 completed. 12 Sec. 6. NEW SECTION . 80I.4 Community policing advisory 13 board —— establishment and role. 14 1. The attorney general shall establish a community 15 policing advisory board for the purpose of recognizing and 16 promoting awareness of profiling by law enforcement, reviewing 17 data collected under this chapter and the analysis thereof, and 18 facilitating discussion of best practices to prevent profiling. 19 In establishing the board, the attorney general shall ensure 20 that the board is racially and ethnically diverse and gender 21 balanced. The attorney general shall also provide or arrange 22 for necessary staff to assist the board. 23 2. The board shall consist of sixteen voting members and 24 four ex officio, nonvoting members. 25 a. The attorney general shall appoint nine voting members 26 nominated from the following described organizations or groups 27 or who hold the following described positions: 28 (1) Four representatives from community organizations 29 historically associated with efforts to eliminate racial 30 discrimination that work with victims of racial and ethnic 31 profiling, of whom one representative shall be at least sixteen 32 years of age but not more than twenty-four years of age at the 33 time of appointment. 34 (2) Three representatives from advocacy groups that support 35 -5- LSB 2306YH (2) 89 as/rh 5/ 23

H.F. 356 persons who have experienced discrimination based on race, 1 color, ethnicity, religion, or national origin. 2 (3) Two members of the clergy who have significant 3 experience in addressing and reducing racial discrimination and 4 other biases. 5 b. The following seven voting members shall also serve on 6 the board: 7 (1) The attorney general or the attorney general’s 8 designee. 9 (2) The director of the department of public safety or the 10 director’s designee. 11 (3) The director of the Iowa law enforcement academy. 12 (4) The state public defender or the state public defender’s 13 designee. 14 (5) The director of the Iowa civil rights commission. 15 (6) The president of the board of directors of the Iowa 16 police chiefs association, or the president’s designee. 17 (7) The president of the Iowa state sheriffs’ and deputies’ 18 association or the president’s designee. 19 c. The board shall include four members of the general 20 assembly who shall serve as ex officio, nonvoting members. The 21 legislative members shall be appointed as follows: 22 (1) One member of the senate appointed by the majority 23 leader of senate. 24 (2) One member of the senate appointed by the minority 25 leader of the senate. 26 (3) One member of the house of representatives appointed by 27 the speaker of the house of representatives. 28 (4) One member of the house of representatives appointed by 29 the minority leader of the house of representatives. 30 3. Notwithstanding section 7E.6, nonlegislative members 31 shall only receive reimbursement for actual expenses for 32 performance of their official duties as members of the board. 33 Members of the general assembly shall not receive a per diem 34 but shall receive reimbursement for necessary travel and actual 35 -6- LSB 2306YH (2) 89 as/rh 6/ 23

H.F. 356 expenses incurred in the performance of their official duties. 1 4. The board may act or make recommendations only upon a 2 vote of a majority of the voting membership of the board. 3 5. a. The initial term of a member appointed pursuant 4 to subsection 2, paragraph “a” , subparagraph (1), shall be 5 four years, and after the initial term has been served, the 6 appointment shall be for a term of four years. 7 b. The initial term of a member appointed pursuant to 8 subsection 2, paragraph “a” , subparagraph (2) or (3), shall 9 be two years, and after the initial term has been served, the 10 appointment shall be for a term of four years. 11 6. Each year the board shall elect two voting members as 12 co-chairpersons. 13 7. The board shall do all of the following by April 1, 2023: 14 a. Approve rules prior to their adoption by the department 15 of justice pursuant to chapter 17A. 16 b. Develop a standard notice form to be provided to a person 17 stopped by an officer, when practicable, informing the person 18 of the person’s right to file a complaint with the Iowa civil 19 rights commission if the person believes that the person has 20 been a victim of profiling. 21 c. Advise the department of justice regarding the 22 department’s development of guidelines for the collection, 23 compilation, and reporting of traffic, bicycle, and pedestrian 24 stop data in order to ensure uniform reporting practices across 25 all reporting law enforcement agencies. 26 8. Each year beginning July 1, 2024, the board shall do all 27 of the following: 28 a. Evaluate and comment upon the collection, compilation, 29 and reporting of traffic, bicycle, and pedestrian stop data by 30 law enforcement agencies reported to the department of justice. 31 b. Review the analysis of such data by the division of 32 criminal and juvenile justice planning and consider the 33 effectiveness of law enforcement training under section 80I.8, 34 including whether the training could be improved. 35 -7- LSB 2306YH (2) 89 as/rh 7/ 23

H.F. 356 c. Work in partnership with state and local law enforcement 1 agencies to review and analyze profiling across geographic 2 areas of this state. 3 d. Consult available evidence-based research on intentional 4 and implicit biases, and their impact on law enforcement stop, 5 search, and seizure tactics. 6 e. (1) Issue an annual report that provides the board’s 7 analysis of the board activities required by paragraphs “a” 8 through “d” , makes detailed findings on the past and current 9 status of profiling, and makes policy recommendations for 10 eliminating profiling and other discriminatory practices. 11 (2) The report shall be retained and made available to the 12 public by posting the report on the attorney general’s internet 13 site. The report shall first be issued by February 1, 2025, 14 and by February 1 every year thereafter. 15 (3) The report is a public record within the meaning of 16 chapter 22 subject to public inspection under chapter 22. 17 f. Hold at least three annual public meetings to discuss 18 profiling and potential reforms to prevent profiling. The 19 board shall provide notice to the public of the location of 20 each public meeting at least sixty days before the date of the 21 meeting. 22 9. The board shall be subject to the provisions of chapters 23 21 and 22. 24 Sec. 7. NEW SECTION . 80I.5 Notice of right to file 25 complaint with the civil rights commission. 26 A law enforcement agency shall require, when practicable, 27 an officer who makes a stop to provide to the person stopped 28 the standard notice form developed by the board informing the 29 person of the person’s right to file a complaint with the civil 30 rights commission if the person believes that the person has 31 been a victim of profiling. 32 Sec. 8. NEW SECTION . 80I.6 Data collection and reporting. 33 1. Each state and local law enforcement agency shall 34 annually submit to the department of justice, no later than 35 -8- LSB 2306YH (2) 89 as/rh 8/ 23

H.F. 356 December 31 of each year, the agency’s current policies that 1 address profiling, and the agency shall post and maintain the 2 current policy on the internet site of the agency. 3 2. Each state and local law enforcement agency shall 4 collect and compile data on every traffic, bicycle, and 5 pedestrian stop conducted by the officers of the agency during 6 the calendar year, and shall submit a report annually to the 7 department of justice. The following information shall be 8 collected, compiled, and reported on each stop, including 9 stops that involve questioning and driver’s license and 10 vehicle registration checks but that do not result in a written 11 citation or written warning: 12 a. The time, date, location, and duration of the stop. 13 b. The reason for the stop. 14 c. Whether a driver’s license or vehicle registration check 15 was run. 16 d. Whether an oral or written warning was given or a 17 citation issued. 18 e. The offense the person was arrested for, if applicable. 19 f. The following identifying characteristics of the person 20 stopped including perceived race, ethnicity, English language 21 proficiency, sex, and approximate age. The identification of 22 these characteristics shall be based principally on information 23 digitally accessible from the person’s driver’s license or 24 nonoperator’s identification card and only secondarily on the 25 observation and perception of the officer making the stop. The 26 officer shall not be required to inquire about race, ethnicity, 27 and English language proficiency of the person stopped. The 28 identifying characteristics of a passenger in a motor vehicle 29 shall also be reported if the stop involved both the passenger 30 and a search reported under paragraph “g” . 31 g. The following actions taken by an officer during the 32 stop: 33 (1) Whether the officer asked for consent to search the 34 person or vehicle and whether consent was provided. 35 -9- LSB 2306YH (2) 89 as/rh 9/ 23

H.F. 356 (2) Whether the officer searched the person or any property, 1 and if a search was performed, the basis for the search. 2 (3) Whether the officer seized any property, and a 3 description of the property seized and the basis for seizing 4 the property. 5 (4) Whether the officer used physical force or physical 6 force was used against the officer. 7 h. Other information which the officer or law enforcement 8 agency considers appropriate. 9 3. In consultation with law enforcement agencies, the 10 division of criminal and juvenile justice planning, and 11 the board, the attorney general shall develop a uniform 12 standardized form for each law enforcement agency to use in 13 collecting, compiling, and reporting the information described 14 in subsection 2. 15 4. Each state law enforcement agency and a local law 16 enforcement agency in the state with jurisdiction over fifty 17 thousand residents shall submit the agency’s first report on 18 or before January 1, 2024. A local law enforcement agency 19 in the state with jurisdiction over twenty-five thousand 20 residents but not more than fifty thousand residents shall 21 submit the agency’s first report on or before January 1, 2025. 22 The remaining local law enforcement agencies shall submit the 23 agency’s first report on or before January 1, 2026. 24 5. Except as otherwise provided in this chapter, a 25 law enforcement agency shall not grant access to personal 26 identifying information contained in the data collected by 27 the law enforcement agency to any person except to a federal, 28 state, local, or tribal government employee or agent who 29 requires access to such information in order to collect, 30 compile, and report the data. 31 6. A law enforcement agency may permit a contractor 32 or nongovernmental agent access to personal identifying 33 information that is contained in the data collected, if the 34 contractor or nongovernmental agent signs an agreement which 35 -10- LSB 2306YH (2) 89 as/rh 10/ 23

H.F. 356 prohibits access of the personal identifying information beyond 1 access to the contractor or nongovernmental agent, and if the 2 contractor or nongovernmental agent assures the law enforcement 3 agency in the agreement that adequate security measures have 4 been implemented to prevent unauthorized access to the personal 5 identifying information. 6 Sec. 9. NEW SECTION . 80I.7 Department of justice rules —— 7 data analysis. 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 80I.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 80I.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 does not have 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 80I.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 2306YH (2) 89 as/rh 11/ 23

H.F. 356 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 . 80I.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 2306YH (2) 89 as/rh 12/ 23

H.F. 356 methods, and best practices at least every other year. 1 Sec. 11. NEW SECTION . 80I.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 pursuant to 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 . 80I.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 2021, is amended 35 -13- LSB 2306YH (2) 89 as/rh 13/ 23

H.F. 356 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 , 216.8B , 216.9 , 4 216.10 , 216.10A, 216.11 , and 216.11A . 5 Sec. 14. Section 216.6, subsection 1, Code 2021, 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 80I. 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 80I. 16 2. The data compiled pursuant to chapter 80I 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 80I.3 do not constitute an unfair or discriminatory practice. 22 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 23 3, shall not apply to this Act. 24 Sec. 17. EFFECTIVE DATE. This Act takes effect October 1, 25 2022. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to law enforcement profiling by 30 standardizing collection and centralizing the compilation 31 and reporting of officer stop and compliant data, providing 32 for officer training, creating a community policing advisory 33 board, and providing for penalties and remedies, and includes 34 effective date provisions. 35 -14- LSB 2306YH (2) 89 as/rh 14/ 23

H.F. 356 LAW ENFORCEMENT OFFICER TRAINING. The bill provides that 1 the minimum course study requirements, minimum basic training 2 requirements, and in-service training requirements established 3 by the Iowa law enforcement academy shall include a course 4 relating to the prevention of profiling. 5 LAW ENFORCEMENT PROFILING. The bill creates new Code 6 chapter 80I, relating to the prohibition of racial and ethnic 7 profiling in law enforcement. 8 DEFINITIONS. The bill defines “officer” to mean a peace 9 officer, as defined in Code section 801.4, including while 10 employed off-duty by a private employer and in uniform, but 11 does not include a probation or parole officer. 12 The bill defines “law enforcement activities” to mean 13 traffic, bicyclist, or pedestrian stops by an officer; and 14 actions during a stop, including asking questions, frisks, 15 consensual and nonconsensual searches of an individual or any 16 property, seizing any property, removing occupants from a motor 17 vehicle during a traffic stop, issuing a warning or citation, 18 and making an arrest. “Law enforcement activities” do not 19 include roadblocks, vehicle check points, and security checks 20 where every person seeking to enter a venue or facility is 21 subject to detention, questioning, or a search of a person or 22 property, and responses to requests for service. 23 The bill defines “profiling” to mean a stop by an officer 24 of a driver or passenger, a bicyclist, or a pedestrian for an 25 alleged violation of the law, to allow the officer to then 26 question and probe for information that might suggest the 27 person has committed some not apparent or yet to be identified 28 law violation. A stop shall be considered a pretextual stop 29 under the following circumstances: when the race, color, 30 ethnicity, religion, or national origin of the person stopped 31 was considered or relied upon or a motivating factor in making 32 the decision to make a racially discriminatory stop; or when 33 the officer prolonged the stop beyond the amount of time when 34 the law enforcement tasks tied to the alleged violation are or 35 -15- LSB 2306YH (2) 89 as/rh 15/ 23

H.F. 356 reasonably should have been completed. 1 The bill defines “disparate treatment” to mean differential 2 treatment of a person on the basis of race, color, ethnicity, 3 religion, or national origin. 4 The bill defines “pretextual stop” to mean a stop by an 5 officer of a driver or passenger, a bicyclist, or a pedestrian 6 for an alleged violation of the law, to allow the officer to 7 then question and probe for information that might suggest the 8 person had committed some not apparent or yet to be identified 9 law violation. 10 The bill defines a “discriminatory pretextual stop” to 11 mean a stop involving disparate treatment by the officer or a 12 stop for which the person’s race, color, ethnicity, religion, 13 or national origin was considered or relied upon or was a 14 motivating factor in the officer’s decision to make the stop 15 or to take other action during the stop, including a request 16 to consent to a search. It is not a discriminatory pretextual 17 stop when an officer bases the officer’s decision to make a 18 stop on a specific suspect description-based identification 19 that includes in the suspect’s identification one or more 20 of the personal characteristics or traits of race, color, 21 ethnicity, religion, or national origin. However, a specific 22 suspect description-based identification only provides probable 23 cause or reasonable suspicion to stop a person who reasonably 24 resembles the person described in that identification, and does 25 not allow an officer to stop a person merely because the person 26 is of the same race, color, ethnicity, religion, or national 27 origin as the suspect. 28 PROFILING. The bill prohibits an officer from engaging 29 in profiling in the course of performing law enforcement 30 activities. It is not profiling under the following 31 circumstances: when a law enforcement agency’s policy allowing 32 the use of information that has been provided by a victim 33 describing the personal identifying characteristics of an 34 alleged perpetrator; an action by an officer that relies 35 -16- LSB 2306YH (2) 89 as/rh 16/ 23

H.F. 356 upon personal identifying information, a specific suspect 1 description-based identification, a person’s observed behavior, 2 and other trustworthy information, except such information 3 only provides probable cause or reasonable suspicion to stop 4 a person who reasonably resembles the person described in 5 that identification; and a traffic stop when directed at the 6 traffic-related mission, namely, checking driver’s license, 7 vehicle registration, insurance or financial responsibility, 8 outstanding warrants, and issuing citations or preparing 9 warnings, except the authority for a traffic stop ends when 10 the officer’s tasks tied to the traffic infraction that is 11 the basis for the stop are or reasonably should have been 12 completed. 13 COMMUNITY POLICING ADVISORY BOARD. The bill requires the 14 attorney general to establish a community policing advisory 15 board for the purpose of recognizing and promoting awareness of 16 profiling by law enforcement, providing advice in development 17 of best practices to prevent profiling, and monitoring 18 implementation of best practices in the field. In establishing 19 the board, the bill requires the attorney general to ensure 20 that the board is racially and ethnically diverse and gender 21 balanced. The bill specifies that the attorney general shall 22 also provide or arrange for the staff necessary to assist the 23 board. 24 The bill provides that the community policing advisory 25 board shall consist of 16 voting members and four ex officio, 26 nonvoting members. The attorney general shall appoint the 27 following nine board members: four representatives from 28 community organizations historically associated with efforts 29 to eliminate racial discrimination, of whom one representative 30 shall be at least 16 years of age but not more than 24 years 31 of age at the time of appointment; three representatives from 32 advocacy groups that support individuals who have experienced 33 discrimination based on race, color, ethnicity, religion, or 34 national origin; and two clergy members who have significant 35 -17- LSB 2306YH (2) 89 as/rh 17/ 23

H.F. 356 experience in addressing and reducing racial discrimination and 1 other biases. 2 The bill specifies that the following individuals shall also 3 serve on the community policing advisory board: the attorney 4 general or the attorney general’s designee, the director of 5 the department of public safety, the director of the Iowa law 6 enforcement academy, the state public defender or the state 7 public defender’s designee, the director of the Iowa civil 8 rights commission, the president of the board of directors of 9 the Iowa police chiefs association or the president’s designee; 10 and the president of the Iowa state sheriffs’ and deputies’ 11 association or the president’s designee. 12 The bill specifies that the board shall also include four 13 members of the general assembly who shall serve as ex officio, 14 nonvoting members, with one member each appointed by the 15 majority leader of the senate, the minority leader of the 16 senate, the speaker of the house of representatives, and the 17 minority leader of the house of representatives. 18 The board members generally serve staggered four-year terms. 19 The bill provides that the members of the board shall only 20 receive reimbursement for actual expenses for performance of 21 their official duties as members of the board. 22 The bill specifies that the board shall be subject to the 23 provisions of Code chapters 21 (open meetings) and 22 (open 24 records). 25 BOARD ACTIONS REQUIRED BY APRIL 1, 2023. The bill requires 26 the board to develop a standard notice form to be provided 27 to each individual stopped by an officer, when practicable, 28 informing the individual of the individual’s right to file 29 a complaint with the Iowa civil rights commission if the 30 individual believes that the individual has been a victim of 31 profiling. 32 The bill provides that the board shall advise the attorney 33 general when developing rules for the collection, compilation, 34 and reporting of traffic, bicycle, and pedestrian stop data 35 -18- LSB 2306YH (2) 89 as/rh 18/ 23

H.F. 356 to ensure the use of uniform reporting practices across all 1 reporting law enforcement agencies. 2 The bill requires the board to approve rules prior to their 3 adoption by the department of justice pursuant to Code chapter 4 17A. 5 BOARD ACTION REQUIRED BY JULY 1, 2024, AND EVERY YEAR 6 THEREAFTER. The bill provides that the board shall annually do 7 the following: evaluate and comment upon the data compiled and 8 reported to the attorney general by law enforcement agencies 9 and the analysis of the data by the division of criminal and 10 juvenile justice planning of the department of human rights; 11 assess the collection, compilation, and reporting of stop 12 data compiled by law enforcement agencies, assess the law 13 enforcement training requirement, and determine if these 14 requirements are effective; work in partnership with state and 15 local law enforcement agencies to review and analyze profiling 16 across geographic areas of the state; consult available 17 evidence-based research on intentional and implicit biases, 18 and the impact on law enforcement stop, search, and seizure 19 tactics; issue an annual report that provides the board’s 20 analysis of the past and current status of profiling across 21 the state; and make policy recommendations for eliminating 22 profiling. 23 The bill also requires the board to hold at least three 24 annual public meetings to discuss profiling and potential 25 reforms to prevent profiling. 26 NOTICE ABOUT FILING PROFILING COMPLAINT. The bill requires 27 a law enforcement agency to require, when practicable, each 28 officer who makes a stop to provide to each individual stopped 29 a standard notice form, developed by the community policing 30 advisory board, that discloses the individual’s right to file 31 a complaint with the Iowa civil rights commission if the 32 individual believes that profiling has occurred. 33 DATA COLLECTED, COMPILED, AND REPORTED BY A LAW ENFORCEMENT 34 AGENCY. The bill requires that each state and local law 35 -19- LSB 2306YH (2) 89 as/rh 19/ 23