Text of MO SB 560 (2018)

SECOND REGULAR SESSION SENATE BILL NO. 560 99TH GENERAL ASSEMBLY INTRODUCED BY SENATOR CHAPPELLE-NADAL. Pre-filed December 1, 2017, and ordered printed. ADRIANE D. CROUSE, Secretary. 4781S.01I AN ACT To repeal section 590.650, RSMo, and to enact in lieu thereof one new section relating to racial bias in policing. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 590.650, RSMo, is repealed and one new section 2 enacted in lieu thereof, to be known as section 590.650, to read as follows: 590.650. 1. This section may be cited as the "Fair and Impartial 2 Policing Act of 2018". 3 2. As used in this section, the following terms shall mean: 4 (1) "Benchmark", the percentage of a given population within the 5 larger population, be it residential, driving, or some other measured 6 population; 7 (2) "Biased policing", occurs when a peace officer inappropriately 8 considers race, ethnicity, gender, gender identity, sexual orientation, 9 age, national origin, or other factors in deciding which individuals 10 should be subject to routine or spontaneous law enforcement 11 activity. This does not include investigations of alleged crimes where 12 law enforcement must seek out suspects who match a specifically 13 delineated description; 14 (3) "Contraband", drugs, guns, or some other object that may 15 warrant an arrest; 16 (4) "Disparity index", the rate of any given activity such as stops, 17 searches, or arrests, for a given population as compared to the 18 benchmark for that population; 19 (5) "Hit rate", the percentage of stops and searches in which a EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SB 560 2 20 law enforcement officer finds seizable evidence. The hit rate is 21 calculated by dividing the number of searches that yield contraband by 22 the total number of searches; 23 (6) "Law enforcement activity", the following activities by a peace 24 officer: 25 (a) Traffic stops; 26 (b) Pedestrian (Terry) stops; 27 (c) Consensual or nonconsensual searches of persons, property, 28 or possessions, including vehicles; 29 (7) "Minority group" [means], individuals of African, Hispanic, Native 30 American [or], Asian descent, or multiracial descent; 31 (8) "Pedestrian stops" (Terry stops), any stops of individuals in 32 public spaces where an officer stops, frisks, or questions a person based 33 upon reasonable suspicion of unlawful activity. 34 [2.] 3. Each time a peace officer stops a driver of a motor vehicle or 35 completes a pedestrian stop, that officer shall report the following 36 information to the law enforcement agency that employs the officer: 37 (1) The age, gender [and], gender identity, race [or minority group], 38 and national origin of the individual stopped as perceived by the peace 39 officer; 40 (2) Whether the person stopped resides in the jurisdiction in 41 which such person was stopped; 42 (3) The reasons for the stop; 43 [(3)] (4) Whether a search was conducted as a result of the stop; 44 [(4)] (5) If a search was conducted, whether the individual consented to 45 the search, the probable cause for the search, whether the person was searched, 46 whether the person's property was searched, and the duration of the search; 47 [(5)] (6) Whether any [contraband] seizable evidence was discovered 48 in the course of the search and the type of any contraband discovered; 49 [(6)] (7) Whether any warning or citation was issued as a result of the 50 stop; 51 [(7)] (8) If a warning or citation was issued, the violation charged or 52 warning provided; 53 [(8)] (9) Whether an arrest was made as a result of either the stop or the 54 search; 55 [(9)] (10) If an arrest was made, the crime charged; and SB 560 3 56 [(10)] (11) The time, date, and location of the stop. 57 Such information may be reported using a format determined by the department 58 of public safety which uses existing citation and report forms. 59 [3.] 4. (1) Each law enforcement agency shall compile the data described 60 in subsection [2] 3 of this section for the calendar year into a report to the 61 attorney general. No information revealing the identity of any individual 62 peace officer shall be contained in the report. 63 (2) Each law enforcement agency shall submit the report to the attorney 64 general no later than March first of the following calendar year. 65 (3) The attorney general shall determine the format that all law 66 enforcement agencies shall use to submit the report. 67 [4.] 5. (1) The attorney general shall analyze the annual reports of law 68 enforcement agencies required by this section and submit a report of the findings 69 to the governor, the general assembly and each law enforcement agency no later 70 than June first of each year. 71 (2) The data analysis shall be completed using best practices and 72 include a meaningful benchmark as appropriate for the type of 73 population and appropriate for the geographic areas being analyzed, 74 against which data shall be measured, which may include: 75 (a) Using race and ethnicity specific data about the residential 76 population; or 77 (b) Using race and ethnicity specific data from a spatial 78 weighting analysis tool; 79 (c) Using race and ethnicity specific data about traffic accidents 80 in which the driver is not found to be at fault; 81 (d) Using race and ethnicity specific data from observational 82 surveys of motorists; 83 (e) Using a combination of the above listed benchmark measures. 84 (3) The report of the attorney general shall include statewide and 85 agency-specific analyses of at least the following information [for each 86 agency]: 87 (a) The total number of vehicles and pedestrians stopped by peace 88 officers during the previous calendar year; 89 (b) The number of driver and pedestrian stops, broken down by 90 the racial or ethnic group, meaning White, Black/African American, 91 Hispanic/Latino, American Indian/Alaska Native, Asian, Multiracial, or SB 560 4 92 Other/Unknown; 93 (c) The number of vehicle stops that resulted in a search, broken 94 down by the driver's racial or ethnic group; 95 (d) The number of pedestrian stops that resulted in either a pat 96 down or search, broken down by racial or ethnic group; 97 (e) The disparity index regarding stopped pedestrians and 98 drivers for each racial or ethnic group, as determined using the 99 benchmark measures listed in subdivision (2) of this subsection; 100 (f) The disparity indices regarding consensual and 101 nonconsensual searches for pedestrians and drivers subjected to 102 vehicle stops for each racial or ethnic group, basing the benchmarks on 103 the population of those stopped; 104 (g) The disparity indices regarding arrests for pedestrians and 105 drivers subjected to stops for each racial or ethnic group, basing the 106 benchmarks on the population of those stopped; 107 (h) The disparity indices in "pat downs" for pedestrians subject 108 to stops for each racial or ethnic group, basing the benchmarks on the 109 population of those stopped; 110 (i) A comparison of the racial or ethnic disparities in consent 111 searches to the consent search hit rate; 112 (j) The number and percentage of [stopped motor vehicles that were 113 driven by members of each particular minority] traffic stops by the type of 114 violation cited, such as moving, equipment, license, or investigatory, 115 broken down by racial or ethnic group; 116 [(c)] (k) A comparison of the [percentage of stopped motor vehicles driven 117 by each minority group and the percentage of the state's population that each 118 minority group comprises] racial or ethnic disparities in hit rates; and 119 [(d)] (l) A compilation of the information reported by law enforcement 120 agencies pursuant to subsection [2] 3 of this section. 121 [5.] 6. Each law enforcement agency shall adopt a detailed written 122 policy [on race-based traffic stops] that shall include: 123 [(1) Prohibits the practice of routinely stopping members of minority 124 groups for violations of vehicle laws as a pretext for investigating other violations 125 of criminal law; 126 (2) Provides for periodic reviews by the law enforcement agency of the 127 annual report of the attorney general required by subsection 4 of this section SB 560 5 128 that: 129 (a) Determine whether any peace officers of the law enforcement agency 130 have a pattern of stopping members of minority groups for violations of vehicle 131 laws in a number disproportionate to the population of minority groups residing 132 or traveling within the jurisdiction of the law enforcement agency; and 133 (b) If the review reveals a pattern, require an investigation to determine 134 whether any peace officers of the law enforcement agency routinely stop members 135 of minority groups for violations of vehicle laws as a pretext for investigating 136 other violations of criminal law; and 137 (3) Provides for appropriate counseling and training of any peace officer 138 found to have engaged in race-based traffic stops within ninety days of the 139 review. 140 The course or courses of instruction and the guidelines shall stress understanding 141 and respect for racial and cultural differences, and development of effective, 142 noncombative methods of carrying out law enforcement duties in a racially and 143 culturally diverse environment. 144 6. If a law enforcement agency fails to comply with the provisions of this 145 section, the governor may withhold any state funds appropriated to the 146 noncompliant law enforcement agency.] 147 (1) A stated prohibition on bias in policing; 148 (2) Provisions for training on biased policing, including: 149 (a) A required initial course on biased policing as part of basic 150 law enforcement training given to all peace officers and those training 151 for licensure as a peace officer; 152 (b) A requirement that peace officers attend a minimum of eight 153 hours of ongoing anti-bias police training annually in order to maintain 154 POST certification; 155 (c) A requirement that command staff and other peace officers 156 with supervisory authority, including all licensed training instructors, 157 shall be trained on best practices for promoting fair and impartial 158 policing in their agencies on an annual basis; and 159 (d) A requirement that peace officers use electronic recording 160 devices available in their agencies and receive training on the use and 161 maintenance of the devices; 162 (3) Procedures aimed at decreasing bias in policing in the 163 administration of consent searches, which shall include the following SB 560 6 164 provisions: 165 (a) A peace officer may only seek consent to search when he or 166 she has reasonable suspicion based on specific, articulable facts for 167 conducting such search; 168 (b) The peace officer shall document in writing such specific, 169 articulable facts for conducting a consent search. The written 170 documentation shall also include the results of the search; 171 (c) Prior to conducting a consensual search of a person or the 172 person's effects, a peace officer shall articulate in plain language that 173 the person is being asked to voluntarily consent to a search and the 174 person has the right to refuse the request to search; 175 (d) After providing such advisement, a peace officer shall 176 request, in plain language, that the person subject to the search 177 provide voluntary written consent to the search; 178 (e) Whether or not the person subject to search provides written 179 consent, a peace officer may conduct the search if the person provided 180 voluntary consent in a form other than in writing; 181 (f) Any evidence obtained as a result of a search prohibited by 182 this section shall be inadmissible in any judicial proceeding; and 183 (g) Nothing contained in this subsection shall be construed to 184 preclude any search otherwise based upon any legally sufficient cause; 185 (4) When the motor vehicle has been stopped solely for a traffic 186 violation, a peace officer may only request the following documentation 187 from drivers of motor vehicles: a driver's license or other verifiable, 188 government-issued identification, including foreign-issued 189 identification; motor vehicle registration; and proof of insurance, 190 unless there exists reasonable suspicion or probable cause of criminal 191 activity; 192 (5) No passenger of a motor vehicle shall be requested to provide 193 identification or any other documentation by a peace officer when the 194 motor vehicle has been stopped solely for a traffic violation, unless 195 there exists reasonable suspicion or probable cause of criminal activity; 196 and 197 (6) When a pedestrian has been stopped based on reasonable 198 suspicion of criminal activity, a peace officer may only request the 199 first, middle, and last name and address of the individual stopped. 200 7. Each law enforcement agency in this state may utilize federal funds SB 560 7 201 from community-oriented policing services grants or any other federal sources to 202 equip each vehicle used for traffic stops with a video camera and voice-activated 203 microphone. 204 8. (1) Each law enforcement agency shall ensure that there is an 205 annual review of the data collected by their officers under subsection 206 3 of this section and the annual report of the attorney general required 207 by subsection 4 of this section. 208 (2) Such review shall determine whether individual officers in 209 the agency have a pattern of stopping, searching, or arresting members 210 of minority groups: 211 (a) In a number disproportionate to the population of minority 212 groups residing or traveling within the jurisdiction of the law 213 enforcement agency, using the benchmark measures described in 214 subsection 5 of this section; and 215 (b) In a number disproportionate to similarly situated peace 216 officers. 217 (3) If the review reveals a pattern of disparity, either 218 systemically or for individual officers, the agency shall require an 219 investigation to determine whether the agency or any peace officers of 220 the agency routinely engage in biased policing. 221 (4) The agency shall provide for appropriate counseling and 222 training of any peace officer found to have engaged in biased policing 223 within ninety days of the review. The officer shall be removed from 224 patrol duties until completion of training and counseling. The agency 225 shall also review its own policies and procedures in order to minimize 226 this bias in the future. 227 9. Each law enforcement agency shall create a community and 228 law enforcement partnership to create mutual understanding between 229 law enforcement and the community about bias-based policing and to 230 provide a forum for each group to listen and respond to the other's 231 concerns. The partnership: 232 (1) Shall include no less than five participants composed of 233 representatives of law enforcement, community leaders, and 234 educational leaders who reflect the local racial and ethnic community; 235 (2) Shall facilitate workshops and public meetings in the 236 community on racial and other biases; 237 (3) May advise and assist in policy development and the training SB 560 8 238 and education of law enforcement agencies on biased policing; 239 (4) Shall annually and formally recognize law enforcement 240 agencies and individual officers who have demonstrated strong 241 commitment to addressing issues of biased policing and working with 242 the local community. 243 10. (1) If an agency does not report or submits incomplete 244 reports in any year, the governor shall withhold any state funds 245 appropriated to that agency. 246 (2) If a law enforcement agency reports a motor vehicle or 247 pedestrian stop or consent search disparity index for any particular 248 minority group that is one standard deviation above the corresponding 249 statewide indices for that same minority group for three consecutive 250 years, the agency shall be subject to review for a period of three years. 251 (3) During the time an agency is subject to review, the agency 252 shall provide semi-annual reports on bias-based policing to the attorney 253 general, which shall include the same information required in 254 subsection 4 of this section and a narrative form describing what effort 255 or action, if any, has been taken to address any racial disparities in 256 stops and searches. The report shall be a public record. 257 (4) If the agency's disparity or consent search rate indices 258 remain one standard deviation or more above the statewide indices in 259 its second year of review, the attorney general shall require changes in 260 the agency's policies and practices, including techniques for identifying 261 problem officers, requirements that an officer's profiling statistics be 262 a part of the record used to evaluate promotions and reassignments, 263 training of supervisors in the skills necessary to eliminate bias in 264 policing, and increasing the quality and quantity of officer training 265 related to bias in policing. 266 (5) If the agency's disparity and consent search rate indices 267 remain one standard deviation or more above the statewide indices and 268 search rates in its third year of review, in addition to loss of state 269 funds, the POST commission, in consultation with the attorney 270 general's office, shall review the record of the law enforcement agency 271 during the review period to determine if the pattern of disparities 272 indicates a systemic bias or a failure to supervise of such magnitude 273 that the law enforcement agency should be decertified. The POST 274 commission shall take into account whether the agency is making a SB 560 9 275 good faith effort to reform. If not decertified, the agency shall remain 276 under sanction, with periodic POST review, until such time as the 277 agency's disparity and consent search rate indices are no longer one 278 standard deviation above the statewide indices. 279 11. A peace officer who stops a driver of a motor vehicle pursuant to a 280 lawfully conducted sobriety check point or road block shall be exempt from the 281 reporting requirements of subsection [2] 3 of this section. 282 12. Notwithstanding any other provision of law to the contrary, 283 violation of this section is automatic grounds for civil suit by the 284 person or persons claiming racial profiling by law enforcement 285 agencies or peace officers in Missouri. Law enforcement agencies and 286 peace officers are not immune to civil litigation or any generally 287 applicable damages or remedies. T