Bill Text: IA SF188 | 2021-2022 | 89th 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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-01 - Subcommittee: Whiting, Bolkcom, and Garrett. S.J. 207. [SF188 Detail]
Download: Iowa-2021-SF188-Introduced.html
Senate
File
188
-
Introduced
SENATE
FILE
188
BY
BOLKCOM
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
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
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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
.
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
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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
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:
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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.
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(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
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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
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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.
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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
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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.
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(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
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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
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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
.
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
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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
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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
,
216.8B
,
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.
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,
2024,
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
80I.
16
b.
The
community
policing
advisory
board
established
in
17
chapter
80I.
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
2022.
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
LAW
ENFORCEMENT
PROFILING.
The
bill
creates
new
Code
14
chapter
80I,
relating
to
the
prohibition
of
racial
and
ethnic
15
profiling
in
law
enforcement.
16
DEFINITIONS.
The
bill
defines
“officer”
to
mean
a
peace
17
officer,
as
defined
in
Code
section
801.4,
including
while
18
employed
off-duty
by
a
private
employer
and
in
uniform,
but
19
does
not
include
a
probation
or
parole
officer.
20
The
bill
defines
“law
enforcement
activities”
to
mean
21
traffic,
bicyclist,
or
pedestrian
stops
by
an
officer;
and
22
actions
during
a
stop,
including
asking
questions,
frisks,
23
consensual
and
nonconsensual
searches
of
an
individual
or
any
24
property,
seizing
any
property,
removing
occupants
from
a
motor
25
vehicle
during
a
traffic
stop,
issuing
a
warning
or
citation,
26
and
making
an
arrest.
“Law
enforcement
activities”
do
not
27
include
roadblocks,
vehicle
check
points,
and
security
checks
28
where
every
person
seeking
to
enter
a
venue
or
facility
is
29
subject
to
detention,
questioning,
or
a
search
of
a
person
or
30
property,
and
responses
to
requests
for
service.
31
The
bill
defines
“profiling”
to
mean
a
stop
by
an
officer
32
of
a
driver
or
passenger,
a
bicyclist,
or
a
pedestrian
for
an
33
alleged
violation
of
the
law,
to
allow
the
officer
to
then
34
question
and
probe
for
information
that
might
suggest
the
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person
has
committed
some
not
apparent
or
yet
to
be
identified
1
law
violation.
A
stop
shall
be
considered
a
pretextual
stop
2
under
the
following
circumstances:
when
the
race,
color,
3
ethnicity,
religion,
or
national
origin
of
the
person
stopped
4
was
considered
or
relied
upon
or
a
motivating
factor
in
making
5
the
decision
to
make
a
racially
discriminatory
stop;
or
when
6
the
officer
prolonged
the
stop
beyond
the
amount
of
time
when
7
the
law
enforcement
tasks
tied
to
the
alleged
violation
are
or
8
reasonably
should
have
been
completed.
9
The
bill
defines
“disparate
treatment”
to
mean
differential
10
treatment
of
a
person
on
the
basis
of
race,
color,
ethnicity,
11
religion,
or
national
origin.
12
The
bill
defines
“pretextual
stop”
to
mean
a
stop
by
an
13
officer
of
a
driver
or
passenger,
a
bicyclist,
or
a
pedestrian
14
for
an
alleged
violation
of
the
law,
to
allow
the
officer
to
15
then
question
and
probe
for
information
that
might
suggest
the
16
person
had
committed
some
not
apparent
or
yet
to
be
identified
17
law
violation.
18
The
bill
defines
a
“discriminatory
pretextual
stop”
to
19
mean
a
stop
involving
disparate
treatment
by
the
officer
or
a
20
stop
for
which
the
person’s
race,
color,
ethnicity,
religion,
21
or
national
origin
was
considered
or
relied
upon
or
was
a
22
motivating
factor
in
the
officer’s
decision
to
make
the
stop
23
or
to
take
other
action
during
the
stop,
including
a
request
24
to
consent
to
a
search.
It
is
not
a
discriminatory
pretextual
25
stop
when
an
officer
bases
the
officer’s
decision
to
make
a
26
stop
on
a
specific
suspect
description-based
identification
27
that
includes
in
the
suspect’s
identification
one
or
more
28
of
the
personal
characteristics
or
traits
of
race,
color,
29
ethnicity,
religion,
or
national
origin.
However,
a
specific
30
suspect
description-based
identification
only
provides
probable
31
cause
or
reasonable
suspicion
to
stop
a
person
who
reasonably
32
resembles
the
person
described
in
that
identification,
and
does
33
not
allow
an
officer
to
stop
a
person
merely
because
the
person
34
is
of
the
same
race,
color,
ethnicity,
religion,
or
national
35
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origin
as
the
suspect.
1
PROFILING.
The
bill
prohibits
an
officer
from
engaging
2
in
profiling
in
the
course
of
performing
law
enforcement
3
activities.
It
is
not
profiling
under
the
following
4
circumstances:
when
a
law
enforcement
agency’s
policy
allowing
5
the
use
of
information
that
has
been
provided
by
a
victim
6
describing
the
personal
identifying
characteristics
of
an
7
alleged
perpetrator;
an
action
by
an
officer
that
relies
8
upon
personal
identifying
information,
a
specific
suspect
9
description-based
identification,
a
person’s
observed
behavior,
10
and
other
trustworthy
information,
except
such
information
11
only
provides
probable
cause
or
reasonable
suspicion
to
stop
12
a
person
who
reasonably
resembles
the
person
described
in
13
that
identification;
and
a
traffic
stop
when
directed
at
the
14
traffic-related
mission,
namely,
checking
driver’s
license,
15
vehicle
registration,
insurance
or
financial
responsibility,
16
outstanding
warrants,
and
issuing
citations
or
preparing
17
warnings,
except
the
authority
for
a
traffic
stop
ends
when
18
the
officer’s
tasks
tied
to
the
traffic
infraction
that
is
19
the
basis
for
the
stop
are
or
reasonably
should
have
been
20
completed.
21
COMMUNITY
POLICING
ADVISORY
BOARD.
The
bill
requires
the
22
attorney
general
to
establish
a
community
policing
advisory
23
board
for
the
purpose
of
recognizing
and
promoting
awareness
of
24
profiling
by
law
enforcement,
providing
advice
in
development
25
of
best
practices
to
prevent
profiling,
and
monitoring
26
implementation
of
best
practices
in
the
field.
In
establishing
27
the
board,
the
bill
requires
the
attorney
general
to
ensure
28
that
the
board
is
racially
and
ethnically
diverse
and
gender
29
balanced.
The
bill
specifies
that
the
attorney
general
shall
30
also
provide
or
arrange
for
the
staff
necessary
to
assist
the
31
board.
32
The
bill
provides
that
the
community
policing
advisory
33
board
shall
consist
of
16
voting
members
and
four
ex
officio,
34
nonvoting
members.
The
attorney
general
shall
appoint
the
35
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following
nine
board
members:
four
representatives
from
1
community
organizations
historically
associated
with
efforts
2
to
eliminate
racial
discrimination,
of
whom
one
representative
3
shall
be
at
least
16
years
of
age
but
not
more
than
24
years
4
of
age
at
the
time
of
appointment;
three
representatives
from
5
advocacy
groups
that
support
individuals
who
have
experienced
6
discrimination
based
on
race,
color,
ethnicity,
religion,
or
7
national
origin;
and
two
clergy
members
who
have
significant
8
experience
in
addressing
and
reducing
racial
discrimination
and
9
other
biases.
10
The
bill
specifies
that
the
following
individuals
shall
also
11
serve
on
the
community
policing
advisory
board:
the
attorney
12
general
or
the
attorney
general’s
designee,
the
director
of
13
the
department
of
public
safety,
the
director
of
the
Iowa
law
14
enforcement
academy,
the
state
public
defender
or
the
state
15
public
defender’s
designee,
the
director
of
the
Iowa
civil
16
rights
commission,
the
president
of
the
board
of
directors
of
17
the
Iowa
police
chiefs
association
or
the
president’s
designee;
18
and
the
president
of
the
Iowa
state
sheriffs’
and
deputies’
19
association
or
the
president’s
designee.
20
The
bill
specifies
that
the
board
shall
also
include
four
21
members
of
the
general
assembly
who
shall
serve
as
ex
officio,
22
nonvoting
members,
with
one
member
each
appointed
by
the
23
majority
leader
of
the
senate,
the
minority
leader
of
the
24
senate,
the
speaker
of
the
house
of
representatives,
and
the
25
minority
leader
of
the
house
of
representatives.
26
The
board
members
generally
serve
staggered
four-year
terms.
27
The
bill
provides
that
the
members
of
the
board
shall
only
28
receive
reimbursement
for
actual
expenses
for
performance
of
29
their
official
duties
as
members
of
the
board.
30
The
bill
specifies
that
the
board
shall
be
subject
to
the
31
provisions
of
Code
chapters
21
(open
meetings)
and
22
(open
32
records).
33
BOARD
ACTIONS
REQUIRED
BY
APRIL
1,
2023.
The
bill
requires
34
the
board
to
develop
a
standard
notice
form
to
be
provided
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to
each
individual
stopped
by
an
officer,
when
practicable,
1
informing
the
individual
of
the
individual’s
right
to
file
2
a
complaint
with
the
Iowa
civil
rights
commission
if
the
3
individual
believes
that
the
individual
has
been
a
victim
of
4
profiling.
5
The
bill
provides
that
the
board
shall
advise
the
attorney
6
general
when
developing
rules
for
the
collection,
compilation,
7
and
reporting
of
traffic,
bicycle,
and
pedestrian
stop
data
8
to
ensure
the
use
of
uniform
reporting
practices
across
all
9
reporting
law
enforcement
agencies.
10
The
bill
requires
the
board
to
approve
rules
prior
to
their
11
adoption
by
the
department
of
justice
pursuant
to
Code
chapter
12
17A.
13
BOARD
ACTION
REQUIRED
BY
JULY
1,
2024,
AND
EVERY
YEAR
14
THEREAFTER.
The
bill
provides
that
the
board
shall
annually
do
15
the
following:
evaluate
and
comment
upon
the
data
compiled
and
16
reported
to
the
attorney
general
by
law
enforcement
agencies
17
and
the
analysis
of
the
data
by
the
division
of
criminal
and
18
juvenile
justice
planning
of
the
department
of
human
rights;
19
assess
the
collection,
compilation,
and
reporting
of
stop
20
data
compiled
by
law
enforcement
agencies,
assess
the
law
21
enforcement
training
requirement,
and
determine
if
these
22
requirements
are
effective;
work
in
partnership
with
state
and
23
local
law
enforcement
agencies
to
review
and
analyze
profiling
24
across
geographic
areas
of
the
state;
consult
available
25
evidence-based
research
on
intentional
and
implicit
biases,
26
and
the
impact
on
law
enforcement
stop,
search,
and
seizure
27
tactics;
issue
an
annual
report
that
provides
the
board’s
28
analysis
of
the
past
and
current
status
of
profiling
across
29
the
state;
and
make
policy
recommendations
for
eliminating
30
profiling.
31
The
bill
also
requires
the
board
to
hold
at
least
three
32
annual
public
meetings
to
discuss
profiling
and
potential
33
reforms
to
prevent
profiling.
34
NOTICE
ABOUT
FILING
PROFILING
COMPLAINT.
The
bill
requires
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a
law
enforcement
agency
to
require,
when
practicable,
each
1
officer
who
makes
a
stop
to
provide
to
each
individual
stopped
2
a
standard
notice
form,
developed
by
the
community
policing
3
advisory
board,
that
discloses
the
individual’s
right
to
file
4
a
complaint
with
the
Iowa
civil
rights
commission
if
the
5
individual
believes
that
profiling
has
occurred.
6
DATA
COLLECTED,
COMPILED,
AND
REPORTED
BY
A
LAW
ENFORCEMENT
7
AGENCY.
The
bill
requires
that
each
state
and
local
law
8
enforcement
agency
shall
annually
submit
to
the
department
of
9
justice,
no
later
than
December
31
of
each
year,
the
agency’s
10
current
policies
that
address
profiling,
and
the
agency
shall
11
post
and
maintain
the
current
policy
on
the
internet
site
of
12
the
agency.
The
bill
requires
that
each
law
enforcement
agency
13
collect,
compile,
and
report
annually
to
the
department
of
14
justice
the
following
information
related
to
stops
including
15
stops
that
involve
questioning,
driver’s
license
and
vehicle
16
registration
checks
that
do
not
result
in
a
citation
or
17
warning:
the
time,
date,
location,
and
duration
of
the
stop;
18
the
reason
for
the
stop;
the
results
of
the
stop;
the
warning
19
given
or
citation
issued,
if
applicable;
the
offense
the
20
individual
was
arrested
for,
if
applicable;
the
identifying
21
characteristics
of
the
individual
stopped,
including
perceived
22
race,
ethnicity,
English
language
proficiency,
sex,
and
23
approximate
age;
and
the
actions
taken
by
the
officer
during
24
the
stop.
The
actions
to
be
reported
include
but
are
not
25
limited
to
the
following:
whether
the
officer
asked
for
26
consent
to
search
the
person
and
whether
consent
was
provided;
27
whether
the
officer
searched
the
individual
or
any
property,
28
and
if
a
search
was
performed,
the
basis
for
the
search;
29
whether
the
officer
seized
any
property,
and
a
description
30
of
the
property
that
was
seized
and
the
basis
for
seizing
31
the
property;
whether
the
officer
used
physical
force
or
32
physical
force
was
used
against
the
officer;
and
any
additional
33
information
which
the
officer
or
law
enforcement
agency
34
considers
appropriate.
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The
bill
provides
that
the
attorney
general,
in
consultation
1
with
the
division
of
criminal
and
juvenile
justice
of
the
2
department
of
human
rights,
the
board,
and
law
enforcement
3
agencies,
shall
develop
a
uniform
standardized
form
for
each
4
law
enforcement
agency
to
use
in
collecting,
compiling,
and
5
reporting
the
information
required
to
be
reported.
6
The
bill
provides
that
each
state
law
enforcement
agency
7
and
the
local
law
enforcement
agencies
in
the
state
with
8
jurisdiction
over
50,000
residents
shall
submit
the
agency’s
9
first
report
on
or
before
January
1,
2024.
The
local
law
10
enforcement
agencies
in
the
state
with
jurisdiction
over
25,000
11
residents
but
not
more
than
50,000
residents
shall
submit
12
the
agency’s
first
report
on
or
before
January
1,
2025.
The
13
remaining
local
law
enforcement
agencies
shall
submit
the
14
agency’s
first
report
on
or
before
January
1,
2026.
15
The
bill
provides
that
a
law
enforcement
agency
shall
not
16
grant
access
to
personal
identifying
information
contained
17
in
the
data
collected
by
the
law
enforcement
agency
to
any
18
individual
except
to
a
federal,
state,
local,
or
tribal
19
government
employee
or
agent
who
requires
access
to
such
20
information
in
order
to
fulfill
the
purposes
of
the
bill.
21
However,
the
bill
provides
that
a
law
enforcement
agency
22
may
permit
a
contractor
or
nongovernmental
agent
access
to
23
personal
identifying
information
that
is
contained
in
the
data
24
collected,
if
the
contractor
or
nongovernmental
agent
signs
an
25
agreement
which
prohibits
further
disclosure
of
the
personal
26
identifying
information
beyond
disclosure
to
the
contractor
or
27
nongovernmental
agent.
28
DATA
COMPILED
BY
THE
DIVISION
OF
CRIMINAL
AND
JUVENILE
29
JUSTICE
PLANNING
OF
THE
DEPARTMENT
OF
HUMAN
RIGHTS.
The
30
bill
requires
the
attorney
general,
in
consultation
with
31
the
community
policing
advisory
board
and
the
Iowa
civil
32
rights
commission,
and
with
input
from
stakeholders
including
33
federal,
state,
and
local
law
enforcement
agencies,
local
34
communities,
researchers,
and
civil
rights
organizations,
to
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adopt
rules
pursuant
to
Code
chapter
17A
for
law
enforcement
1
agency
collection
and
compilation
of
law
enforcement
activities
2
related
to
traffic,
bicycle,
or
pedestrian
stops,
and
citizen
3
complaints.
The
rules
adopted
under
the
bill
shall
do
the
4
following:
require
each
law
enforcement
agency
to
collect
5
and
compile
data
as
required
under
the
bill;
require
each
law
6
enforcement
agency
to
prominently
publicize
the
compiled
data
7
on
the
law
enforcement
agency’s
internet
site;
require
each
law
8
enforcement
agency
to
maintain
all
data
collected,
compiled,
9
and
reported
under
the
bill
for
at
least
15
years;
and
provide
10
for
the
protection
and
privacy
of
any
personal
identifying
11
information
about
the
officer
or
the
individual
stopped
that
is
12
contained
in
the
collected
and
compiled
data.
13
The
bill
requires
the
division
of
criminal
and
juvenile
14
justice
planning
of
the
department
of
human
rights
to
in
turn
15
compile
the
data
collected
from
law
enforcement
agencies
for
16
analysis.
The
bill
specifies
that
the
division
shall
analyze
17
the
data
provided.
The
bill
further
requires
the
division
18
to
provide
the
compiled
data
and
analysis
to
the
community
19
policing
advisory
board,
the
Iowa
civil
rights
commission,
the
20
department
of
justice,
and
the
public.
21
TRAINING
GUIDELINES.
The
bill
provides
that
the
director
22
of
the
Iowa
law
enforcement
academy,
subject
to
the
approval
23
of
the
Iowa
law
enforcement
academy
council,
shall
develop
24
and
disseminate
training
guidelines
and
best
practices
to
25
reduce
and
eliminate
profiling.
In
developing
the
training
26
guidelines
and
best
practices,
the
director
shall
consult
with
27
the
department
of
justice,
the
community
policing
advisory
28
board,
the
Iowa
civil
rights
commission,
and
the
division
of
29
criminal
and
juvenile
justice
planning
of
the
department
of
30
human
rights,
with
opportunity
for
input
from
federal,
state,
31
and
local
law
enforcement
agencies,
civil
rights
organizations,
32
and
persons
having
an
interest
and
expertise
in
the
field
of
33
cultural
awareness
and
diversity.
34
STATUTORY
REMEDIES.
The
bill
provides
that
the
remedies
35
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authorized
in
the
bill
are
not
exclusive
and
do
not
foreclose
1
an
individual
from
asserting
any
remedies
the
individual
may
2
have
based
on
the
common
law
or
other
statutes.
3
UNFAIR
EMPLOYMENT
PRACTICES
——
RETALIATION
——
PENALTIES.
4
The
bill
provides
that
it
shall
be
an
unfair
discriminatory
5
practice
under
the
Iowa
civil
rights
Act,
Code
chapter
216,
6
for
a
peace
officer
to
engage
in
profiling
described
in
the
7
bill.
The
bill
also
specifies
certain
behaviors
that
do
8
not
constitute
an
unfair
discriminatory
practice.
The
bill
9
provides
that
it
is
an
unfair
or
discriminatory
practice
for
10
an
employer
or
the
employees
of
the
employer
to
discriminate
11
against
another
employee
because
the
employee
makes
a
charge,
12
testifies
against,
assists,
or
participates
in
any
manner
in
13
an
investigation,
proceeding,
or
hearing
related
to
profiling.
14
The
bill
specifies
that
it
shall
be
an
unlawful
employment
15
practice
under
the
Iowa
civil
rights
Act,
Code
chapter
216,
for
16
an
employer
or
the
employees,
or
other
agents,
to
discriminate
17
against
an
employee
because
of
the
employee’s
opposition
to
18
profiling,
or
because
the
officer
made
a
charge,
testified
19
against,
assisted,
or
participated
in
any
manner
in
an
20
investigation,
proceeding,
or
hearing
related
to
profiling.
21
The
bill
specifies
that
an
officer
or
an
employee
of
a
22
law
enforcement
agency
who
retaliates
against
an
officer
or
23
employee
for
making
a
charge,
testifying
against,
assisting,
or
24
participating
in
any
manner
in
an
investigation,
proceeding,
or
25
hearing
related
to
profiling
shall
be
subject
to
discipline,
26
including
dismissal.
27
USE
OF
DATA
IN
DISPARATE
TREATMENT
AND
DISPARATE
IMPACT
28
CASES.
The
bill
specifies
that
data
compiled
pursuant
to
the
29
bill
is
admissible
in
individual
and
pattern
and
practice
30
disparate
treatment
profiling
cases
and
in
disparate
impact
31
profiling
cases
under
the
Iowa
civil
rights
Act.
32
DRIVER’S
LICENSE
AND
NONOPERATOR’S
IDENTIFICATION.
The
bill
33
provides
that
the
department
of
transportation
shall
request
34
a
person
who
applies
for
a
driver’s
license
or
nonoperator’s
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identification
card
or
for
renewal
of
a
driver’s
license
or
1
nonoperator’s
identification
card
to
disclose
and
specify
the
2
person’s
race,
ethnicity,
and
primary
language,
each
of
which
3
may
be
disclosed
and
specified
at
the
person’s
discretion.
4
Under
the
bill,
prior
to
January
15,
2024,
and
prior
5
to
January
15
of
each
year
thereafter,
the
department
of
6
transportation
shall
submit
a
report
to
the
general
assembly
7
detailing
the
number
of
driver’s
license
and
nonoperator’s
8
identification
card
holders
who
have
disclosed
and
specified
a
9
race,
ethnicity,
or
primary
language.
10
The
bill
provides
that
the
department
shall
electronically
11
maintain
as
part
of
a
person’s
record
the
race,
ethnicity,
12
and
primary
language
information
obtained
by
the
department,
13
but
shall
not
include
such
information
on
the
face
or
in
any
14
machine-readable
portion
of
the
person’s
driver’s
license
or
15
nonoperator’s
identification
card.
16
The
department
of
transportation
shall
not
release
race,
17
ethnicity,
and
primary
language
information
collected
under
18
this
Code
section
except
to
any
of
the
following:
the
19
department
of
justice,
the
community
policing
advisory
20
board,
the
Iowa
civil
rights
commission,
the
state
court
21
administrator,
and
the
division
of
criminal
and
juvenile
22
justice
planning
of
the
department
of
human
rights
for
use
in
23
research
activities
and
in
producing
statistical
reports
and
24
analysis
as
permitted
by
law.
25
STATE
MANDATE.
The
bill
may
include
a
state
mandate
as
26
defined
in
Code
section
25B.3.
The
bill
makes
inapplicable
27
Code
section
25B.2,
subsection
3,
which
would
relieve
a
28
political
subdivision
from
complying
with
a
state
mandate
if
29
funding
for
the
cost
of
the
state
mandate
is
not
provided
or
30
specified.
Therefore,
political
subdivisions
are
required
to
31
comply
with
any
state
mandate
included
in
the
bill.
32
EFFECTIVE
DATE.
The
bill
takes
effect
on
October
1,
2022.
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