Racial profiling--minority group defined--reportingrequirements--annual report--review of findings--failure tocomply--funds for audio-visual equipment--sobriety check pointsexempt.
590.650. 1. As used in this section "minority group" meansindividuals of African, Hispanic, Native American or Asian descent.
2. Each time a peace officer stops a driver of a motor vehicle, thatofficer shall report the following information to the law enforcementagency that employs the officer:
(1) The age, gender and race or minority group of the individualstopped;
(2) The reasons for the stop;
(3) Whether a search was conducted as a result of the stop;
(4) If a search was conducted, whether the individual consented tothe search, the probable cause for the search, whether the person wassearched, whether the person's property was searched, and the duration ofthe search;
(5) Whether any contraband was discovered in the course of the searchand the type of any contraband discovered;
(6) Whether any warning or citation was issued as a result of thestop;
(7) If a warning or citation was issued, the violation charged orwarning provided;
(8) Whether an arrest was made as a result of either the stop or thesearch;
(9) If an arrest was made, the crime charged; and
(10) The location of the stop.
Such information may be reported using a format determined by thedepartment of public safety which uses existing citation and report forms.
3. (1) Each law enforcement agency shall compile the data describedin subsection 2 of this section for the calendar year into a report to theattorney general.
(2) Each law enforcement agency shall submit the report to theattorney general no later than March first of the following calendar year.
(3) The attorney general shall determine the format that all lawenforcement agencies shall use to submit the report.
4. (1) The attorney general shall analyze the annual reports of lawenforcement agencies required by this section and submit a report of thefindings to the governor, the general assembly and each law enforcementagency no later than June first of each year.
(2) The report of the attorney general shall include at least thefollowing information for each agency:
(a) The total number of vehicles stopped by peace officers during theprevious calendar year;
(b) The number and percentage of stopped motor vehicles that weredriven by members of each particular minority group;
(c) A comparison of the percentage of stopped motor vehicles drivenby each minority group and the percentage of the state's population thateach minority group comprises; and
(d) A compilation of the information reported by law enforcementagencies pursuant to subsection 2 of this section.
5. Each law enforcement agency shall adopt a policy on race-basedtraffic stops that:
(1) Prohibits the practice of routinely stopping members of minoritygroups for violations of vehicle laws as a pretext for investigating otherviolations of criminal law;
(2) Provides for periodic reviews by the law enforcement agency ofthe annual report of the attorney general required by subsection 4 of thissection that:
(a) Determine whether any peace officers of the law enforcementagency have a pattern of stopping members of minority groups for violationsof vehicle laws in a number disproportionate to the population of minoritygroups residing or traveling within the jurisdiction of the law enforcementagency; and
(b) If the review reveals a pattern, require an investigation todetermine whether any peace officers of the law enforcement agencyroutinely stop members of minority groups for violations of vehicle laws asa pretext for investigating other violations of criminal law; and
(3) Provides for appropriate counseling and training of any peaceofficer found to have engaged in race-based traffic stops within ninetydays of the review.
The course or courses of instruction and the guidelines shall stressunderstanding and respect for racial and cultural differences, anddevelopment of effective, noncombative methods of carrying out lawenforcement duties in a racially and culturally diverse environment.
6. If a law enforcement agency fails to comply with the provisions ofthis section, the governor may withhold any state funds appropriated to thenoncompliant law enforcement agency.
7. Each law enforcement agency in this state may utilize federalfunds from community-oriented policing services grants or any other federalsources to equip each vehicle used for traffic stops with a video cameraand voice-activated microphone.
8. A peace officer who stops a driver of a motor vehicle pursuant toa lawfully conducted sobriety check point or road block shall be exemptfrom the reporting requirements of subsection 2 of this section.
Racial profiling--minority group defined--reportingrequirements--annual report--review of findings--failure tocomply--funds for audio-visual equipment--sobriety check pointsexempt.
590.650. 1. As used in this section "minority group" meansindividuals of African, Hispanic, Native American or Asian descent.
2. Each time a peace officer stops a driver of a motor vehicle, thatofficer shall report the following information to the law enforcementagency that employs the officer:
(1) The age, gender and race or minority group of the individualstopped;
(2) The reasons for the stop;
(3) Whether a search was conducted as a result of the stop;
(4) If a search was conducted, whether the individual consented tothe search, the probable cause for the search, whether the person wassearched, whether the person's property was searched, and the duration ofthe search;
(5) Whether any contraband was discovered in the course of the searchand the type of any contraband discovered;
(6) Whether any warning or citation was issued as a result of thestop;
(7) If a warning or citation was issued, the violation charged orwarning provided;
(8) Whether an arrest was made as a result of either the stop or thesearch;
(9) If an arrest was made, the crime charged; and
(10) The location of the stop.
Such information may be reported using a format determined by thedepartment of public safety which uses existing citation and report forms.
3. (1) Each law enforcement agency shall compile the data describedin subsection 2 of this section for the calendar year into a report to theattorney general.
(2) Each law enforcement agency shall submit the report to theattorney general no later than March first of the following calendar year.
(3) The attorney general shall determine the format that all lawenforcement agencies shall use to submit the report.
4. (1) The attorney general shall analyze the annual reports of lawenforcement agencies required by this section and submit a report of thefindings to the governor, the general assembly and each law enforcementagency no later than June first of each year.
(2) The report of the attorney general shall include at least thefollowing information for each agency:
(a) The total number of vehicles stopped by peace officers during theprevious calendar year;
(b) The number and percentage of stopped motor vehicles that weredriven by members of each particular minority group;
(c) A comparison of the percentage of stopped motor vehicles drivenby each minority group and the percentage of the state's population thateach minority group comprises; and
(d) A compilation of the information reported by law enforcementagencies pursuant to subsection 2 of this section.
5. Each law enforcement agency shall adopt a policy on race-basedtraffic stops that:
(1) Prohibits the practice of routinely stopping members of minoritygroups for violations of vehicle laws as a pretext for investigating otherviolations of criminal law;
(2) Provides for periodic reviews by the law enforcement agency ofthe annual report of the attorney general required by subsection 4 of thissection that:
(a) Determine whether any peace officers of the law enforcementagency have a pattern of stopping members of minority groups for violationsof vehicle laws in a number disproportionate to the population of minoritygroups residing or traveling within the jurisdiction of the law enforcementagency; and
(b) If the review reveals a pattern, require an investigation todetermine whether any peace officers of the law enforcement agencyroutinely stop members of minority groups for violations of vehicle laws asa pretext for investigating other violations of criminal law; and
(3) Provides for appropriate counseling and training of any peaceofficer found to have engaged in race-based traffic stops within ninetydays of the review.
The course or courses of instruction and the guidelines shall stressunderstanding and respect for racial and cultural differences, anddevelopment of effective, noncombative methods of carrying out lawenforcement duties in a racially and culturally diverse environment.
6. If a law enforcement agency fails to comply with the provisions ofthis section, the governor may withhold any state funds appropriated to thenoncompliant law enforcement agency.
7. Each law enforcement agency in this state may utilize federalfunds from community-oriented policing services grants or any other federalsources to equip each vehicle used for traffic stops with a video cameraand voice-activated microphone.
8. A peace officer who stops a driver of a motor vehicle pursuant toa lawfully conducted sobriety check point or road block shall be exemptfrom the reporting requirements of subsection 2 of this section.
Racial profiling--minority group defined--reportingrequirements--annual report--review of findings--failure tocomply--funds for audio-visual equipment--sobriety check pointsexempt.
590.650. 1. As used in this section "minority group" meansindividuals of African, Hispanic, Native American or Asian descent.
2. Each time a peace officer stops a driver of a motor vehicle, thatofficer shall report the following information to the law enforcementagency that employs the officer:
(1) The age, gender and race or minority group of the individualstopped;
(2) The reasons for the stop;
(3) Whether a search was conducted as a result of the stop;
(4) If a search was conducted, whether the individual consented tothe search, the probable cause for the search, whether the person wassearched, whether the person's property was searched, and the duration ofthe search;
(5) Whether any contraband was discovered in the course of the searchand the type of any contraband discovered;
(6) Whether any warning or citation was issued as a result of thestop;
(7) If a warning or citation was issued, the violation charged orwarning provided;
(8) Whether an arrest was made as a result of either the stop or thesearch;
(9) If an arrest was made, the crime charged; and
(10) The location of the stop.
Such information may be reported using a format determined by thedepartment of public safety which uses existing citation and report forms.
3. (1) Each law enforcement agency shall compile the data describedin subsection 2 of this section for the calendar year into a report to theattorney general.
(2) Each law enforcement agency shall submit the report to theattorney general no later than March first of the following calendar year.
(3) The attorney general shall determine the format that all lawenforcement agencies shall use to submit the report.
4. (1) The attorney general shall analyze the annual reports of lawenforcement agencies required by this section and submit a report of thefindings to the governor, the general assembly and each law enforcementagency no later than June first of each year.
(2) The report of the attorney general shall include at least thefollowing information for each agency:
(a) The total number of vehicles stopped by peace officers during theprevious calendar year;
(b) The number and percentage of stopped motor vehicles that weredriven by members of each particular minority group;
(c) A comparison of the percentage of stopped motor vehicles drivenby each minority group and the percentage of the state's population thateach minority group comprises; and
(d) A compilation of the information reported by law enforcementagencies pursuant to subsection 2 of this section.
5. Each law enforcement agency shall adopt a policy on race-basedtraffic stops that:
(1) Prohibits the practice of routinely stopping members of minoritygroups for violations of vehicle laws as a pretext for investigating otherviolations of criminal law;
(2) Provides for periodic reviews by the law enforcement agency ofthe annual report of the attorney general required by subsection 4 of thissection that:
(a) Determine whether any peace officers of the law enforcementagency have a pattern of stopping members of minority groups for violationsof vehicle laws in a number disproportionate to the population of minoritygroups residing or traveling within the jurisdiction of the law enforcementagency; and
(b) If the review reveals a pattern, require an investigation todetermine whether any peace officers of the law enforcement agencyroutinely stop members of minority groups for violations of vehicle laws asa pretext for investigating other violations of criminal law; and
(3) Provides for appropriate counseling and training of any peaceofficer found to have engaged in race-based traffic stops within ninetydays of the review.
The course or courses of instruction and the guidelines shall stressunderstanding and respect for racial and cultural differences, anddevelopment of effective, noncombative methods of carrying out lawenforcement duties in a racially and culturally diverse environment.
6. If a law enforcement agency fails to comply with the provisions ofthis section, the governor may withhold any state funds appropriated to thenoncompliant law enforcement agency.
7. Each law enforcement agency in this state may utilize federalfunds from community-oriented policing services grants or any other federalsources to equip each vehicle used for traffic stops with a video cameraand voice-activated microphone.
8. A peace officer who stops a driver of a motor vehicle pursuant toa lawfully conducted sobriety check point or road block shall be exemptfrom the reporting requirements of subsection 2 of this section.
