Bill Text: IA SSB1038 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to law enforcement profiling by standardizing collection and centralizing the compilation and reporting of officer stop and compliance data, providing for officer training, creating a community policing advisory board, providing for penalties and remedies, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-01-30 - Subcommittee recommends amendment and passage. [SSB1038 Detail]
Download: Iowa-2019-SSB1038-Introduced.html
Senate
Study
Bill
1038
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
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
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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
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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
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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,
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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,
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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,
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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.
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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individual
believes
that
the
individual
has
been
a
victim
of
1
profiling.
2
The
bill
provides
that
the
board
shall
advise
the
attorney
3
general
when
developing
rules
for
the
collection,
compilation,
4
and
reporting
of
traffic,
bicycle,
and
pedestrian
stop
data
5
to
ensure
the
use
of
uniform
reporting
practices
across
all
6
reporting
law
enforcement
agencies.
7
The
bill
requires
the
board
to
approve
rules
prior
to
their
8
adoption
by
the
department
of
justice
pursuant
to
Code
chapter
9
17A.
10
BOARD
ACTION
REQUIRED
BY
JULY
1,
2022,
AND
EVERY
YEAR
11
THEREAFTER.
The
bill
provides
that
the
board
shall
annually
do
12
the
following:
evaluate
and
comment
upon
the
data
compiled
and
13
reported
to
the
attorney
general
by
law
enforcement
agencies
14
and
the
analysis
of
the
data
by
the
division
of
criminal
and
15
juvenile
justice
planning
of
the
department
of
human
rights;
16
assess
the
collection,
compilation,
and
reporting
of
stop
17
data
compiled
by
law
enforcement
agencies,
assess
the
law
18
enforcement
training
requirement,
and
determine
if
these
19
requirements
are
effective;
work
in
partnership
with
state
and
20
local
law
enforcement
agencies
to
review
and
analyze
profiling
21
across
geographic
areas
of
the
state;
consult
available
22
evidence-based
research
on
intentional
and
implicit
biases,
23
and
the
impact
on
law
enforcement
stop,
search,
and
seizure
24
tactics;
issue
an
annual
report
that
provides
the
board’s
25
analysis
of
the
past
and
current
status
of
profiling
across
26
the
state;
and
make
policy
recommendations
for
eliminating
27
profiling.
28
The
bill
also
requires
the
board
to
hold
at
least
three
29
annual
public
meetings
to
discuss
profiling
and
potential
30
reforms
to
prevent
profiling.
31
NOTICE
ABOUT
FILING
PROFILING
COMPLAINT.
The
bill
requires
32
a
law
enforcement
agency
to
require,
when
practicable,
each
33
officer
who
makes
a
stop
to
provide
to
each
individual
stopped
34
a
standard
notice
form,
developed
by
the
community
policing
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advisory
board,
that
discloses
the
individual’s
right
to
file
1
a
complaint
with
the
Iowa
civil
rights
commission
if
the
2
individual
believes
that
profiling
has
occurred.
3
DATA
COLLECTED,
COMPILED,
AND
REPORTED
BY
A
LAW
ENFORCEMENT
4
AGENCY.
The
bill
requires
that
each
state
and
local
law
5
enforcement
agency
shall
annually
submit
to
the
department
of
6
justice,
no
later
than
December
31
of
each
year,
the
agency’s
7
current
policies
that
address
profiling,
and
the
agency
shall
8
post
and
maintain
the
current
policy
on
the
internet
site
of
9
the
agency.
The
bill
requires
that
each
law
enforcement
agency
10
collect,
compile,
and
report
annually
to
the
department
of
11
justice
the
following
information
related
to
stops
including
12
stops
that
involve
questioning,
driver’s
license
and
vehicle
13
registration
checks
that
do
not
result
in
a
citation
or
14
warning:
the
time,
date,
location,
and
duration
of
the
stop;
15
the
reason
for
the
stop;
the
results
of
the
stop;
the
warning
16
given
or
citation
issued,
if
applicable;
the
offense
the
17
individual
was
arrested
for,
if
applicable;
the
identifying
18
characteristics
of
the
individual
stopped,
including
perceived
19
race,
ethnicity,
English
language
proficiency,
sex,
and
20
approximate
age;
and
the
actions
taken
by
the
officer
during
21
the
stop.
The
actions
to
be
reported
include
but
are
not
22
limited
to
the
following:
whether
the
officer
asked
for
23
consent
to
search
the
person
and
whether
consent
was
provided;
24
whether
the
officer
searched
the
individual
or
any
property,
25
and
if
a
search
was
performed,
the
basis
for
the
search;
26
whether
the
officer
seized
any
property,
and
a
description
27
of
the
property
that
was
seized
and
the
basis
for
seizing
28
the
property;
whether
the
officer
used
physical
force
or
29
physical
force
was
used
against
the
officer;
and
any
additional
30
information
which
the
officer
or
law
enforcement
agency
31
considers
appropriate.
32
The
bill
provides
that
the
attorney
general,
in
consultation
33
with
the
division
of
criminal
and
juvenile
justice
of
the
34
department
of
human
rights,
the
board,
and
law
enforcement
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agencies,
shall
develop
a
uniform
standardized
form
for
each
1
law
enforcement
agency
to
use
in
collecting,
compiling,
and
2
reporting
the
information
required
to
be
reported.
3
The
bill
provides
that
each
state
law
enforcement
agency
4
and
the
local
law
enforcement
agencies
in
the
state
with
5
jurisdiction
over
50,000
residents
shall
submit
the
agency’s
6
first
report
on
or
before
January
1,
2022.
The
local
law
7
enforcement
agencies
in
the
state
with
jurisdiction
over
25,000
8
residents
but
not
more
than
50,000
residents
shall
submit
9
the
agency’s
first
report
on
or
before
January
1,
2023.
The
10
remaining
local
law
enforcement
agencies
shall
submit
the
11
agency’s
first
report
on
or
before
January
1,
2024.
12
The
bill
provides
that
a
law
enforcement
agency
shall
not
13
grant
access
to
personal
identifying
information
contained
14
in
the
data
collected
by
the
law
enforcement
agency
to
any
15
individual
except
to
a
federal,
state,
local,
or
tribal
16
government
employee
or
agent
who
requires
access
to
such
17
information
in
order
to
fulfill
the
purposes
of
the
bill.
18
However,
the
bill
provides
that
a
law
enforcement
agency
19
may
permit
a
contractor
or
nongovernmental
agent
access
to
20
personal
identifying
information
that
is
contained
in
the
data
21
collected,
if
the
contractor
or
nongovernmental
agent
signs
an
22
agreement
which
prohibits
further
disclosure
of
the
personal
23
identifying
information
beyond
disclosure
to
the
contractor
or
24
nongovernmental
agent.
25
DATA
COMPILED
BY
THE
DIVISION
OF
CRIMINAL
AND
JUVENILE
26
JUSTICE
PLANNING.
The
bill
requires
the
attorney
general,
in
27
consultation
with
the
community
policing
advisory
board
and
the
28
Iowa
civil
rights
commission,
and
with
input
from
stakeholders
29
including
federal,
state,
and
local
law
enforcement
agencies,
30
local
communities,
researchers,
and
civil
rights
organizations,
31
to
adopt
rules
pursuant
to
Code
chapter
17A
for
law
enforcement
32
agency
collection
and
compilation
of
law
enforcement
activities
33
related
to
traffic,
bicycle,
or
pedestrian
stops,
and
citizen
34
complaints.
The
rules
adopted
under
the
bill
shall
do
the
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following:
require
each
law
enforcement
agency
to
collect
1
and
compile
data
as
required
under
the
bill;
require
each
law
2
enforcement
agency
to
prominently
publicize
the
compiled
data
3
on
the
law
enforcement
agency’s
internet
site;
require
each
law
4
enforcement
agency
to
maintain
all
data
collected,
compiled,
5
and
reported
under
the
bill
for
at
least
15
years;
and
provide
6
for
the
protection
and
privacy
of
any
personal
identifying
7
information
about
the
officer
or
the
individual
stopped
that
is
8
contained
in
the
collected
and
compiled
data.
9
The
bill
requires
the
division
of
criminal
and
juvenile
10
justice
planning
of
the
department
of
human
rights
to
in
turn
11
compile
the
data
collected
from
law
enforcement
agencies
for
12
analysis.
The
bill
specifies
that
the
division
shall
analyze
13
the
data
provided.
The
bill
further
requires
the
division
14
to
provide
the
compiled
data
and
analysis
to
the
community
15
policing
advisory
board,
the
Iowa
civil
rights
commission,
the
16
department
of
justice,
and
the
public.
17
TRAINING
GUIDELINES.
The
bill
provides
that
the
director
18
of
the
Iowa
law
enforcement
academy,
subject
to
the
approval
19
of
the
Iowa
law
enforcement
academy
council,
shall
develop
20
and
disseminate
training
guidelines
and
best
practices
to
21
reduce
and
eliminate
profiling.
In
developing
the
training
22
guidelines
and
best
practices,
the
director
shall
consult
with
23
the
department
of
justice,
the
community
policing
advisory
24
board,
the
Iowa
civil
rights
commission,
and
the
division
of
25
criminal
and
juvenile
justice
planning,
with
opportunity
for
26
input
from
federal,
state,
and
local
law
enforcement
agencies,
27
civil
rights
organizations,
and
persons
having
an
interest
and
28
expertise
in
the
field
of
cultural
awareness
and
diversity.
29
STATUTORY
REMEDIES.
The
bill
provides
that
the
remedies
30
authorized
in
the
bill
are
not
exclusive
and
do
not
foreclose
31
an
individual
from
asserting
any
remedies
the
individual
may
32
have
based
on
the
common
law
or
other
statutes.
33
UNFAIR
EMPLOYMENT
PRACTICES
——
RETALIATION
——
PENALTIES.
34
The
bill
provides
that
it
shall
be
an
unfair
discriminatory
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practice
under
the
Iowa
civil
rights
Act,
Code
chapter
216,
1
for
a
peace
officer
to
engage
in
profiling
described
in
the
2
bill.
The
bill
also
specifies
certain
behaviors
that
do
3
not
constitute
an
unfair
discriminatory
practice.
The
bill
4
provides
that
it
is
an
unfair
or
discriminatory
practice
for
5
an
employer
or
the
employees
of
the
employer
to
discriminate
6
against
another
employee
because
the
employee
makes
a
charge,
7
testifies
against,
assists,
or
participates
in
any
manner
in
8
an
investigation,
proceeding,
or
hearing
related
to
profiling.
9
The
bill
specifies
that
it
shall
be
an
unlawful
employment
10
practice
under
the
Iowa
civil
rights
Act,
Code
chapter
216,
for
11
an
employer
or
the
employees,
or
other
agents,
to
discriminate
12
against
an
employee
because
of
the
employee’s
opposition
to
13
profiling,
or
because
the
officer
made
a
charge,
testified
14
against,
assisted,
or
participated
in
any
manner
in
an
15
investigation,
proceeding,
or
hearing
related
to
profiling.
16
The
bill
specifies
that
an
officer
or
an
employee
of
a
17
law
enforcement
agency
who
retaliates
against
an
officer
or
18
employee
for
making
a
charge,
testifying
against,
assisting,
or
19
participating
in
any
manner
in
an
investigation,
proceeding,
or
20
hearing
related
to
profiling
shall
be
subject
to
discipline,
21
including
dismissal.
22
USE
OF
DATA
IN
DISPARATE
TREATMENT
AND
DISPARATE
IMPACT
23
CASES.
The
bill
specifies
that
data
compiled
pursuant
to
the
24
bill
is
admissible
in
individual
and
pattern
and
practice
25
disparate
treatment
profiling
cases
and
in
disparate
impact
26
profiling
cases
under
the
Iowa
civil
rights
Act.
27
DRIVER’S
LICENSE
AND
NONOPERATOR’S
IDENTIFICATION.
The
bill
28
provides
that
the
department
of
transportation
shall
request
29
a
person
who
applies
for
a
driver’s
license
or
nonoperator’s
30
identification
card
or
for
renewal
of
a
driver’s
license
or
31
nonoperator’s
identification
card
to
disclose
and
specify
the
32
person’s
race,
ethnicity,
and
primary
language,
each
of
which
33
may
be
disclosed
and
specified
at
the
person’s
discretion.
34
Under
the
bill,
prior
to
January
15,
2022,
and
prior
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to
January
15
of
each
year
thereafter,
the
department
of
1
transportation
shall
submit
a
report
to
the
general
assembly
2
detailing
the
number
of
driver’s
license
and
nonoperator’s
3
identification
card
holders
who
have
disclosed
and
specified
a
4
race,
ethnicity,
or
primary
language.
5
The
bill
provides
that
the
department
shall
electronically
6
maintain
as
part
of
a
person’s
record
the
race,
ethnicity,
7
and
primary
language
information
obtained
by
the
department,
8
but
shall
not
include
such
information
on
the
face
or
in
any
9
machine-readable
portion
of
the
person’s
driver’s
license
or
10
nonoperator’s
identification
card.
11
The
department
of
transportation
shall
not
release
race,
12
ethnicity,
and
primary
language
information
collected
under
13
this
Code
section
except
to
any
of
the
following:
the
14
department
of
justice,
the
community
policing
advisory
15
board,
the
Iowa
civil
rights
commission,
the
state
court
16
administrator,
and
the
division
of
criminal
and
juvenile
17
justice
planning
of
the
department
of
human
rights
for
use
in
18
research
activities
and
in
producing
statistical
reports
and
19
analysis
as
permitted
by
law.
20
STATE
MANDATE.
The
bill
may
include
a
state
mandate
as
21
defined
in
Code
section
25B.3.
The
bill
makes
inapplicable
22
Code
section
25B.2,
subsection
3,
which
would
relieve
a
23
political
subdivision
from
complying
with
a
state
mandate
if
24
funding
for
the
cost
of
the
state
mandate
is
not
provided
or
25
specified.
Therefore,
political
subdivisions
are
required
to
26
comply
with
any
state
mandate
included
in
the
bill.
27
EFFECTIVE
DATE.
The
bill
takes
effect
on
October
1,
2020.
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