2014 -- S 2976 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - COMPREHENSIVE COMMUNITY -

POLICE RELATIONSHIP ACT OF 2014

     

     Introduced By: Senators Metts, Pichardo, Goodwin, Jabour, and Miller

     Date Introduced: May 01, 2014

     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 Profiling

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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 COMMUNITY - POLICE RELATIONSHIP ACT OF 2014

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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. Nothing contained in this subsection shall be construed to prohibit a law

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enforcement officer from conducting a pat down search for weapons based upon a reasonable

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belief that the officer's personal safety may be jeopardized.

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     (c) Each search conducted by a law enforcement officer shall be documented in a

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computer-aided dispatch (CAD) entry or other police-generated report. The CAD entry or formal

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police report shall include the date, time and location of the stop/search, along with the

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"reasonable suspicion" or "probable cause" leading to the search. The CAD entry or formal police

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report shall also include the results of the search. The document shall be a public record, subject

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to the access to public records act, § 38-2-2(4)(D).

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     (d) With the exception of operators who are subject to federal motor carrier regulations,

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no operator of a motor vehicle shall be requested to provide any documentation or identification

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other than a driver's license, motor vehicle registration, and/or proof of insurance when the motor

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vehicle has been stopped solely for a traffic violation, unless there exists reasonable suspicion or

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probable cause of criminal activity or the operator has failed to produce a valid driver's license.

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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 or

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electronically the investigatory basis for the stop. The documentation of such stops shall

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commence no later than twelve (12) months after passage of this act and shall be assessed every

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six (6) months by the respective police department as to whether the suspicion was justified and

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the data be made publicly available, subject to the access to public records act, § 38-2-2(4)(D).

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

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shall be inadmissible in any judicial proceeding. Nothing contained herein shall be construed to

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preclude any search otherwise based upon any legally sufficient cause.

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      (g)(d) 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 barring exceptions outlined below. In an effort to objectively memorialize relevant

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observations, the recording shall begin no later than when an officer first signals the vehicle to

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stop; and, barring conditions that could compromise a sensitive investigation, jeopardize the

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safety of a vehicle occupant or cooperating victim/witness and/or unforeseen equipment

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malfunction, the recording shall continue until the motor vehicle stop is completed and the

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

 

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     (2) Law enforcement agencies that acquire video and/or audio surveillance cameras for

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use in their vehicles shall:

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     (i) Notify the office of highway safety of the Rhode Island department of transportation

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that such equipment has been acquired and will be in use and the department of transportation

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shall post notice of such use on its website;

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     (ii) Issue a press release advising the public that such equipment will be in use; and

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     (iii) Post notice on their website that such equipment will be in use;

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     (3) A chain-of-custody of the video/audio recordings, hereafter referred to as

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"recording(s)", shall be maintained;

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     (4)(i) A driver of a motor vehicle that was recorded by a video/audio surveillance camera,

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and/or his or her legal counsel, shall have the right to view the in-car recording at the police

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station, provided that the viewing does not compromise an active investigation;

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     (ii) A passenger of a motor vehicle that was recorded by a video/audio surveillance

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

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police station if that passenger became the subject of the police interaction recorded, provided

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that the viewing does not compromise an active investigation;

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

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

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destruction of any recording of an incident that is the subject of a pending complaint, misconduct

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investigation or civil or criminal proceeding. Such recordings shall be retained for a minimum of

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

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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, deliberately and

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prematurely erase or alter a recording, or to otherwise fail to record stops as specified herein

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barring the aforementioned limited exceptions; and

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     (7) The video/audio surveillance recordings regulated by this section shall not be deemed

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public records under the access to public records act, § 38-2-1, et seq. A court may impose any

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appropriate remedy in any civil or criminal proceeding where a knowing and willful violation of

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these standards is found to have been committed.

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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 Rhode Island Law Enforcement

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Telecommunications System (RILETS) and National Crime and Information Center (NCIC).

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      (j)(e) 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 or a designee to be chosen by the

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department of transportation by January 1, 2016, is authorized to and shall conduct a study of

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

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order to determine whether racial disparities in traffic stops exist profiling is occurring, and to

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examine whether searches of 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 or its designee shall, not later than forty-five (45) days after enactment of this act

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no later than January 1, 2015, develop a form or electronic equivalent to be used by each police

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

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include for each motor vehicle stop, the race and ethnicity of the driver based on the officer's

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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 or its designee shall advise the Rhode Island State Police and each municipal police

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department of the date that data collection shall commence. Data collection shall begin not later

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than October 1, 2004 January 1, 2015, but may begin prior to that time upon notification to police

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

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department of transportation or its designee.

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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 or its designee all forms or

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electronic data collected to date of motorists who were stopped, and any other information the

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police department or the Rhode Island State Police deem appropriate. Data collection shall

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continue for twelve (12) forty-eight (48) months following commencement of data collection.

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      (f) Appropriate funding shall may 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 or its designee. The

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study shall be released on an annual basis, with the first released not later than eighteen (18)

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

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conclusions 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 or its designee shall be exempt from the provisions of chapter 2 of title 37 in

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connection with its procurement of equipment and services necessary to the implementation of

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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 at a minimum a monthly breakdown by race,

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age, gender and outcome for operators for each police department of the number of traffic stops

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made and of searches conducted, and any other information deemed appropriate by the Rhode

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Island Justice Commission. For those police departments collecting data through the use of

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mobile display terminals in police vehicles, the report shall also include a breakdown by race and

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outcome for operators. The report shall be released not more than ninety (90) days after the end of

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each quarterly period. No information revealing the identity of any individual shall be contained

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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 Rhode Island Justice Commission may seek appropriate relief in a civil action against any

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police department for failing to collect or transmit the data required in this chapter, and may be

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awarded its costs, including attorneys' fees, for bringing such an action. As a condition precedent

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to the filing of a civil action by an organization under this section, the organization shall send a

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notice to the office of highway safety of the Rhode Island Justice Commission department of

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transportation or its designee identifying the police department which is failing to collect or

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

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

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transportation or its designee shall consult with community, police and civil rights

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representatives, as the executive director deems appropriate, in the development of the form

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required by subsection (b) and on at least a quarterly basis shall consult on other issues that arise

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relating to the implementation and enforcement of this chapter including the information

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generated by the issuance of the reports 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 of civil procedure. It is understood that

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disparities may or may not equate to racial profiling. All data collected pursuant to this chapter

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shall be public. For those motor vehicle stops where a citation was issued or an arrest was made,

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the forms prepared pursuant to section 31-21.2-6(b) of this chapter shall include a citation or

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arrest number for reference. The data collection form shall not include the name or badge number

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of the officer completing the form. The report from the department of transportation or its

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designee 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 July 15, 2015, and for four (4) years following the conclusion of data collection, a

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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 §§ 31-21.1-4 and 31-21.2-6, and to

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

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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 or its designee shall issue guidelines for police departments to follow in preparing these

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reports. The reports shall be public records, and shall contain a certification that the department

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has complied with subsections (j) and (k) of § 31-21.2-6.

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     (d) Every twelve (12) months, each state and municipal law enforcement agency shall

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submit to the office of highway safety of the Rhode Island department of transportation or its

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designee, on a brief form prepared by that office, information summarizing what, if any, actions

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were taken by the agency in response to any racial disparities documented in the previous reports

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issued pursuant to § 31-21.2-6(i). The summary shall include, but not be limited to: any changes

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to agency policies; revisions to traffic enforcement practices; detailed analysis and review of

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traffic stop data, and the results of such review; or the initiation of any disciplinary action. Any

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references to disciplinary action shall not identify the officer. The forms shall be public records,

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and shall contain a certification that the department has complied with subsections (j) and (k) of §

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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 compiled on an annual basis under uniform criteria established by the Select

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Commission on Race and Police-Community Relations by the state police and each municipal

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law enforcement agency and published in each agency's annual report and/or on its website. The

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information provided compiled by each department shall include the total number of complaints

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received from the public, a breakdown by category of the type of complaint and a further

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breakdown by category of the disposition of the complaints.

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     (d) The state police and all municipal law enforcement agencies shall make available as a

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public record subject to the access to public records act, § 38-2-2(4)(D):

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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

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enforcement/homeland security investigations concerning the questioning, detention,

 

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investigation, arrest, apprehension, stopping, referral or processing of individuals within the state

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of Rhode Island, including copies of any agreements entered into pursuant to 8 U.S.C. 1357(g):

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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.

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     SECTION 3. 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. – No juvenile shall be requested to

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consent to a search by a law enforcement officer unless there exists reasonable suspicion or

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probable cause of criminal activity. In those instances in which a warrant would be required, a

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

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

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the perception of the officer making a good faith effort in advance of requesting consent. Nothing

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contained herein shall be construed to limit the restrictions contained in § 31-21.2-5, or to

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prohibit a law enforcement officer from conducting a pat down search for weapons based upon a

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reasonable belief that the officer's personal safety may be jeopardized.

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     SECTION 5. This act shall take effect on January 1, 2015.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - COMPREHENSIVE COMMUNITY -

POLICE RELATIONSHIP ACT OF 2014

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     This act would have all police departments submit to the office of highway safety or its

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designee an annual report indicating what action has been taken to address any racial disparities

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in traffic stops and/or searches. This would begin on July 15, 2015 and for four (4) years

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following the commencement of data collection.

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     This act would take effect on January 1, 2015.

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