2012 -- S 2252

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LC00945

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - COMPREHENSIVE RACIAL

PROFILING PREVENTION ACT OF 2012

     Introduced By: Senators Metts, Jabour, Pichardo, Crowley, and Perry

     Date Introduced: January 26, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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      SECTION 1. The Title of Chapter 31-21.2 of the General Laws entitled "RACIAL

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PROFILING PREVENTION ACT OF 2004" is hereby amended to read as follows:

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     CHAPTER 31-21.2

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Racial Profiling Prevention Act of 2004

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     CHAPTER 31-21.2

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COMPREHENSIVE RACIAL PROFILING PREVENTION ACT OF 2012

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     SECTION 2. Sections 31-21.2-5, 31-21.2-6, 31-21.2-7 and 31-21.2-8 of the General

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Laws in Chapter 31-21.2 entitled "Racial Profiling Prevention Act of 2004" are hereby amended

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to read as follows:

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     31-21.2-5. Law enforcement practices. -- (a) Unless there exists reasonable suspicion or

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probable cause of criminal activity, no motor vehicle stopped for a traffic violation shall be

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detained beyond the time needed to address the violation. Nothing contained herein shall prohibit

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the detention of a motor vehicle for a reasonable period of time for the arrival of a canine unit or

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subsequent criminal investigation, if there is reasonable suspicion or probable cause of criminal

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activity.

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      (b) No operator or owner-passenger of a motor vehicle or pedestrian shall be requested

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to consent to a search by a law enforcement officer of his or her motor vehicle or person which is

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stopped solely for a traffic violation, unless there exists reasonable suspicion or probable cause of

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criminal activity. Commencing on January 1, 2013, the officer shall document in writing his or

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her “reasonable suspicion” or “probable cause” grounds for conducting a search, and shall also,

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where practicable, call in such information to a dispatcher or supervising officer prior to a search.

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The written documentation shall also include the results of the search. The document shall be a

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public record, exclusive of personally identifiable information and except to the extent where it

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could reasonably be expected to interfere with an open investigation of criminal activity or

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enforcement proceedings, to disclose the identity of a confidential source, or to endanger the life

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or physical safety of any individual.

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     (c) No operator of a motor vehicle shall be requested to provide any documentation or

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identification other than a driver’s license, motor vehicle registration, and/or proof of insurance

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when the motor vehicle has been stopped solely for a traffic violation, unless there exists

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reasonable suspicion or probable cause of criminal activity or the operator has failed to produce a

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valid driver’s license.

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     (d) No passenger of a motor vehicle shall be requested to provide identification or any

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other documentation by a law enforcement officer when the motor vehicle has been stopped

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solely for a traffic violation, unless there exists reasonable suspicion or probable cause of

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criminal activity. Nothing contained herein shall be construed to prohibit the officer from

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requesting the name and date of birth of the passenger(s); provided, however, that failure to

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respond to such a request shall not constitute reasonable suspicion or probable cause of criminal

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activity.

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     (e) If a violation of the traffic laws in this title is used to stop a motor vehicle for non-

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related investigatory reasons, the law enforcement officer shall document in writing the

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investigatory basis for the stop. This documentation shall be assessed every six (6) months as to

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whether the suspicion was justified and the data be made publicly available.

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      (c)(f) Any evidence obtained as a result of a stop or a search prohibited by subsection

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subsections (a) or (b) through (e) shall be inadmissible in any judicial proceeding. Nothing

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contained herein shall be construed to preclude any search otherwise based upon any legally

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sufficient cause.

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      (d)(g) Law enforcement agencies using video and/or audio surveillance cameras in their

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vehicles shall adopt written policies and procedures regarding the use of such cameras, which

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shall be public records. and which shall include, but not be limited to, the following standards:

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     (1) All motor vehicle stops conducted by police vehicles with such equipment shall be

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recorded. The recording shall begin no later than when an officer first signals the vehicle to stop

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or arrives at the scene of an ongoing motor vehicle stop begun by another law enforcement

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officer; and the recording shall continue until the motor vehicle stop is completed and the stopped

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vehicle departs, or until the officer’s participation in the motor vehicle stop ends;

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     (2) The driver of a stopped car shall be advised by the officer that the encounter is being

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recorded;

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     (3) A chain-of-custody record of the tapes shall be maintained;

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     (4) A driver or passenger of a motor vehicle that was recorded by a video/audio

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surveillance camera, and/or his or her legal counsel, shall have the right to view the in-car

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recording at the police station and to obtain, at his or her own expense, a copy of the recording

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involving him or her within ten (10) business days of the request;

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     (5) The policy shall address the period of retention for such tapes, and procedures to be

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used to ensure that the recording equipment is in proper working order, and shall bar the

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destruction of any tape that records an incident that is the subject of a pending complaint,

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misconduct investigation or civil or criminal proceeding. Such tapes shall be retained for a

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minimum of ten (10) days after the final resolution of such investigation or proceeding, including

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the time for any appeal;

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     (6) The policy shall explicitly prohibit any violation of these requirements, including any

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attempts to disengage or tamper with the video/audio surveillance equipment or to otherwise fail

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to record stops as specified herein;

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     (7) A court may impose any appropriate remedy, including the exclusion of evidence,

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obtained in a search, in any civil or criminal proceeding where a knowing or willful violation of

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these requirements is found to have been committed; and

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     (8) The tapes of video/audio surveillance cameras regulated by this section shall not be

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deemed public records under the access to public records act, section 38-2-1, et seq.

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     (h) Law enforcement officers shall advise any motorist who is stopped, of the reason for

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the stop.

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     (i) Law enforcement agencies with mobile display terminals in police vehicles shall adopt

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policies and procedures governing their use, which shall include the criteria necessary to initiate a

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record check on a motor vehicle license or registrant. All law enforcement agencies must comply

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with state and federal guidelines related to the use and access of RILETS and NCIC.

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     (e)(j) The policies and procedures established by this section shall be added to, and

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prominently placed in, all relevant departmental policy and training manuals. Other appropriate

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training about the requirements of this chapter shall also be provided to all officers.

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     31-21.2-6. Continued data collection. -- (a) The office of highway safety of the Rhode

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Island Justice Commission department of transportation is authorized to and shall conduct a study

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of routine traffic stops by the Rhode Island State Police and each municipal police department in

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order to determine whether racial profiling is occurring, and to examine whether searches of

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vehicles and motorists are being conducted in a disparate manner.

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      (b) The office of highway safety of the Rhode Island Justice Commission department of

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transportation shall, not later than forty-five (45) days after enactment of this act, no later than

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January 1, 2013, develop a form or electronic equivalent to be used by each police officer when

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making a traffic stop to record the data required under this chapter, which form shall include for

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each motor vehicle stop, the race and ethnicity of the driver and of any passengers based on the

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officer’s perception, and the information listed in section 31-21.1-4.

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      (c) The office of highway safety of the Rhode Island Justice Commission department of

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transportation shall advise the Rhode Island State Police and each municipal police department of

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the date that data collection shall commence. Data collection shall begin not later than October 1,

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2004 February 1, 2013, but may begin prior to that time upon notification to police departments

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from the office of highway safety of the Rhode Island Justice Commission department of

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transportation.

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      (d) A traffic stop data collection card or electronic equivalent shall be completed for

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each routine traffic stop by the Rhode Island State Police and municipal police department during

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the term of this study.

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      (e) Upon commencement of data collection, and monthly thereafter, each municipal

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police department and the Rhode Island State Police shall transmit to the office of highway safety

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of the Rhode Island Justice Commission department of transportation all forms or electronic data

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collected to date of motorists who were stopped, and any other information the police department

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or the Rhode Island State Police deem appropriate. Data collection shall continue for twelve (12)

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forty-eight (48) months following commencement of data collection.

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      (f) Appropriate funding shall be made available to implement the provision of this

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chapter, and completion of this study shall be contingent upon such funding.

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      (g) The study shall include a multivariate analysis of the collected data in accordance

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with general statistical standards, and shall be substantially similar to the study prepared pursuant

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to chapter 21.1 of this title. The study shall be prepared by an organization, company, person or

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other entity with sufficient expertise in the field of statistics and the study of traffic stop data

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collection to assist with the implementation of this chapter, and chosen by the office of highway

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safety of the Rhode Island Justice Commission department of transportation. The study shall be

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released on an annual basis, with the first released not later than eighteen (18) months after

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commencement of data collection under this chapter. The report, findings and conclusions

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submitted pursuant to this subsection shall be a public record.

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      (h) The office of highway safety of the Rhode Island Justice Commission department of

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transportation shall be exempt from the provisions of chapter 2 of title 37 in connection with its

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procurement of equipment and services necessary to the implementation of this chapter.

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      (i) On a quarterly basis a summary report of the monthly data provided by each police

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department and the state police for that quarterly period shall be issued. The report shall be a

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public record. The summary report shall include a monthly breakdown by race, age, gender and

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outcome for operators and may be limited to race for passenger(s) for each police department of

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the number of traffic stops made and of searches conducted, and any other information deemed

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appropriate by the office of highway safety of the Rhode Island Justice Commission department

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of transportation. For those police departments collecting data through the use of mobile display

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terminals in police vehicles, the report shall also include a breakdown by race and outcome for

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operators and may be limited to race for passenger(s). The report shall be released not more than

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ninety (90) days after the end of each quarterly period. No information revealing the identity of

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any individual shall be contained in the report.

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      (j) Every law enforcement agency collecting data pursuant to this chapter shall ensure

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that supervisory personnel review each officer's stop and search documentation and data results

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on a weekly monthly basis to ensure compliance with all policies, prohibitions and documentation

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requirements.

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      (k) The head of every law enforcement agency subject to this chapter, or his or her

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designee, shall review the data on a regular basis in an effort to determine whether any racial

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disparities in the agency's traffic stops enforcement exists, and to appropriately respond to any

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such disparities. It is understood that disparities may or may not equate to racial profiling.

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      (l) An organization chartered for the purpose of combating discrimination, racism, or of

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safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, and/or

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the office of highway safety of the Rhode Island Justice Commission department of transportation

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may seek appropriate relief in a civil action against any police department for failing to collect or

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transmit the data required in this chapter, and may be awarded its costs, including attorneys' fees,

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for bringing such an action. As a condition precedent to the filing of a civil action by an

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organization under this section, the organization shall send a notice to the Rhode Island Justice

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Commission department of transportation identifying the police department which is failing to

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collect or transmit the data and the organization shall then allow fifteen (15) days to elapse.

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      (m) The Rhode Island Justice Commission department of transportation shall consult

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with community, police and civil rights representatives, as to the extent the executive director

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deems appropriate, in the development of the form required by subsection (b) and on at least a

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quarterly basis shall consult on other issues that arise relating to the implementation and

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enforcement of this chapter including the information generated by the issuance of the reports

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required by subsection (i) herein.

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     31-21.2-7. Data collection and use. -- (a) Data acquired under this chapter shall not be

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used in any legal proceeding to establish an inference of discrimination except by court order;

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provided, however, that use of the data for this purpose shall be allowed only upon completion of

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the study authorized by section 31-21.2-6. Data acquired under this chapter shall not be used in

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any civil proceeding to establish or rebut an inference of discrimination except by court order or

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when otherwise admissible in accordance with rules and civil procedure. All data collected

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pursuant to this chapter shall be public. For those motor vehicle stops where a citation was issued

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or an arrest was made, the forms prepared pursuant to section 31-21.2-6(b) of this chapter shall

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include a citation or arrest number for reference. The data collection form shall not include the

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name or badge number of the officer completing the form. The report from the department of

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transportation shall not be officer specific.

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      (b) Any police officer who in good faith records traffic stop information pursuant to the

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requirements of this chapter shall not be held civilly liable for the act of recording the information

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unless the officer's conduct was reckless.

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     (c) All police departments shall submit to the office of highway safety on an annual basis

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beginning on January 15, 2013, and for four (4) years following the conclusion of data collection,

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a report indicating what action, if any, has been taken, to address any racial disparities in traffic

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stops and/or searches documented in the studies authorized by sections 31-21.1-4 and 31-21.2-6,

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and to otherwise implement any recommendations of those studies, including, but not limited to,

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any changes to agency policies; revisions to traffic enforcement practices; detailed analysis and

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review of traffic stop data and the results of such review; or the initiation of any disciplinary

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action. Any reference to disciplinary action shall not identify the officer. The office of highway

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safety shall issue guidelines for police departments to follow in preparing these reports. The

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reports shall be public records, and shall contain a certification that the department has complied

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with subsections (j) and (k) of section 31-21.2-6.

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     (d) Every nine (9) months, each state and municipal law enforcement agency shall submit

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to the office of highway safety of the Rhode Island department of transportation, on a brief form

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prepared by that office, information summarizing what, if any, actions were taken by the agency

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in response to racial disparities documented in the previous reports issued pursuant to subsection

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31-21.2-6(i). The summary shall include, but not be limited to: any changes to agency policies;

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revisions to traffic enforcement practices; detailed analysis and review of traffic stop data, and the

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results of such review; or the initiation of any disciplinary action. Any references to disciplinary

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action shall not identify the officer. The forms shall be public records, and shall contain a

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certification that the department has complied with subsections (j) and (k) of section 31-21.2-6.

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     31-21.2-8. Complaint procedures. -- (a) Each state and municipal law enforcement

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agency shall establish a procedure to investigate complaints of police misconduct by members of

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the public against personnel of these agencies, and shall make a written description of the

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procedure available to the public. Copies of any departmental complaint forms shall be available

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in at least one governmental location other than the police department. The procedure and forms

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shall also be made available on any website of a law enforcement agency.

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      (b) At a minimum, complaints shall be accepted in person by mail or by facsimile.

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      (c) Information on the complaints received by each law enforcement agency shall be

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submitted on an annual basis under uniform criteria established by the Select Commission on

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Race and Police-Community Relations Rhode Island justice commission. The information

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provided by each department shall include the total number of complaints received, a breakdown

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by category of the type of complaint and a further breakdown by category of the disposition of

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the complaints. The commission shall publish data regarding complaints of police misconduct

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pursuant to this section.

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     (d) The state police and all municipal law enforcement agencies shall submit to the

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commission:

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     (1) Copies of any formal or informal arrangements between the state police or a

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municipal law enforcement agency and the bureau of immigration and customs enforcement

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concerning the questioning, detention, investigation, arrest, apprehension, stopping, referral or

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processing of individuals with the state of Rhode Island, including copies of any agreements

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entered into pursuant to 8 U.S.C. section 1357(g); and

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     (2) Any policies or procedures governing the circumstances under which an inquiry to

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federal authorities is made to determine a person’s immigration status. The commission shall, on

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an annual basis commencing on January 1, 2013, compile the arrangements and policies in a

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public report to be submitted to the general assembly.

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     (e) The commission shall also compile into a public report the policies and procedures

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adopted by police departments pursuant to section 31-21.2-5 of the general laws.

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     SECTION 3. Section 42-137-5 of the General Laws in Chapter 42-137 entitled "The

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Select Commission on Race and Police-Community Relations Act" is hereby amended to read as

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follows:

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     42-137-5. Duties. -- The select commission shall:

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      (1) Analyze and recommend changes that will improve police-community relations in

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Rhode Island.

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      (2) Study and recommend changes needed to statutes, ordinances, institutional policies,

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procedures and practices deemed necessary to:

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      (i) Improve law enforcement work and accountability;

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      (ii) Reduce racism;

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      (iii) Enhance the administration of justice; and

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      (iv) Affect reconciliation between diverse segments of the statewide community.

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      (3) Study, recommend, promote and implement methods to achieve greater citizen

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participation in law enforcement policy development, review of law enforcement practices, and

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advocacy for the needs of law enforcement agencies, officers, and the public at large in the

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prevention of crime, administration of justice and public safety.

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      (4) Study, recommend, promote and assist in the incorporation of evolving homeland

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security needs with effective models of neighborhood-oriented community policing, crime

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prevention and public safety.

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      (5) Promote greater understanding of the need to incorporate cultural diversity in

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everyday as well as extraordinary activities involving law enforcement, public safety and the

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administration of justice.

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      (6) Analyze, review, recommend, assist in and monitor changes to police policies,

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procedures and practices related to:

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      (i) Recruitment, hiring, promotion and training of police officers;

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      (ii) The level and quality of diversity training, sensitivity awareness and cultural

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competency;

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      (iii) The level and quality of efforts related to building and improving overall community

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relations;

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      (iv) The use of firearms by on-duty and off-duty police officers;

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      (v) The use of force, the use of excessive force or the excessive use of force;

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      (vi) The use of racial profiling and other forms of bias based policing; and

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      (vii) Legislation reforming police policies, practices, or procedures involving community

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relations.

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      (7) To assist the select commission in its duties pursuant to subsection (6), all police

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departments shall submit to the select commission on an annual basis beginning on January 15,

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2004, and for six (6) years thereafter, a report indicating what action, if any, has been taken to

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address any racial disparities in traffic stops and/or searches documented in the study authorized

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by sections 31-21.1-4 and 31-21.2-6, and to otherwise implement any recommendations of that

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study. The reports shall be public records.

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      (8) Collect and publish data regarding complaints of police misconduct pursuant to

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section 31-21.2-8.

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     SECTION 4. Chapter 14-1 of the General Laws entitled "Proceedings in Family Court" is

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hereby amended by adding thereto the following section:

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     14-1-25.1. Search of juveniles without warrant. – In the absence of a warrant, no

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juvenile shall be requested to consent to a search by a law enforcement officer unless there exists

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reasonable suspicion or probable cause of criminal activity. In those instances where reasonable

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suspicion or probable cause of criminal activity exists, but a warrant would otherwise be required,

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a law enforcement officer must advise the juvenile that he or she may refuse to consent to, or

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limit the scope of, any requested search. The determination of age of the individual shall be based

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on the perception of the officer making a good faith effort in advance of requesting consent.

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Nothing contained herein shall be construed to limit the restrictions contained in section 31-21.2-

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5.

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     SECTION 5. This act shall take effect upon passage.

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LC00945

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - COMPREHENSIVE RACIAL

PROFILING PREVENTION ACT OF 2012

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     This act would enact the “Comprehensive Racial Profiling Prevention Act of 2012”.

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     This act would take effect upon passage.

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LC00945

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