2015 -- S 0669 AS AMENDED

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LC001591

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- COMPREHENSIVE COMMUNITY-

POLICE RELATIONSHIP ACT OF 2015

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

     Date Introduced: March 11, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 31-21.2 of the General Laws entitled "Racial Profiling

Prevention Act of 2004" is hereby amended to read as follows:

CHAPTER 31-21.2

Racial Profiling Prevention Act of 2004

CHAPTER 31-21.2

     COMPREHENSIVE COMMUNITY-POLICE RELATIONSHIP ACT OF 2015

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

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

to read as follows:

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

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

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

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

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

activity.

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

search by a law enforcement officer of his or her motor vehicle which is stopped solely for a

traffic violation, unless there exists reasonable suspicion or probable cause of criminal activity.

No pedestrian shall be requested to consent to a search by a law enforcement officer of his or her

person, unless there exists reasonable suspicion or probable cause of criminal activity. No

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

reasonable suspicion or probable cause of criminal activity. In those instances in which a warrant

would be required, a law enforcement officer must advise the juvenile that he or she may refuse

to consent to, or limit the scope of, any requested search. The determination of age of the

individual shall be based on the perception of the officer making a good faith effort in advance of

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

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

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

     (c) Each search conducted by a law enforcement officer which does not result in criminal

charges shall be documented in a computer-aided dispatch (CAD) entry or other police-generated

report. Each search conducted by a law enforcement officer which results in criminal charges

shall be documented in a police-generated report. The CAD entry or formal police report shall

include the date, time and location of the stop/search, along with the "reasonable suspicion" or

"probable cause" leading to the search. The CAD entry or formal police report shall also include

the race, age and gender of the individual(s) searched and the results of the search. The document,

exclusive of information identifying the law enforcement officer, shall be a public record, subject

to the access to public records act, § 38-2-2(4)(D), law enforcement exemptions. For purposes of

this section, "computer-aided dispatch" (CAD) means an electronic system used by public safety

agencies to facilitate incident response and communications in the field, and which electronically

records information on call taking, dispatching, location verification, mapping and other functions

for public safety.

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

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

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

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

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

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

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

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

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

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

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

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law enforcement exemptions.

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

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

preclude any search otherwise based upon any legally sufficient cause.

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

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

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

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

recorded barring exceptions outlined below. In an effort to objectively memorialize relevant

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

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

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

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

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

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

use in their vehicles shall:

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

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

shall post notice of such use on its website;

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

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

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

"recording(s)", shall be maintained;

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

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

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

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

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

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

that the viewing does not compromise an active investigation;

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

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

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

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

any appeal;

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

attempts to disengage or tamper with the video/audio surveillance equipment, deliberately and

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

barring the aforementioned limited exceptions; and

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

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

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

these standards is found to have been committed.

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

the stop.

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

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

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

with state and federal guidelines related to the use and access of Rhode Island law enforcement

telecommunication system (RILETS) and National Criminal Identification Center (NCIC).

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

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

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

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

Island Justice Commission department of transportation or a designee to be chosen by the

department of transportation by January 1, 2017, is authorized to and shall conduct a study of

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

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

examine whether searches of vehicles and motorists are being conducted in a disparate manner.

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

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

no later than January 1, 2016, develop a form or electronic equivalent to be used by each police

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

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

perception, and the information listed in § 31-21.1-4.

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

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

than October 1, 2004 January 1, 2016, but may begin prior to that time upon notification to police

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

department of transportation or its designee.

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

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

the term of this study.

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

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

of the Rhode Island Justice Commission department of transportation or its designee all forms or

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

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

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

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

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

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

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

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

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

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

safety of the Rhode Island Justice Commission department of transportation or its designee. The

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

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

conclusions submitted pursuant to this subsection shall be a public record.

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

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

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

this chapter.

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

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

public record. The summary report shall include at a minimum a monthly breakdown by race,

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

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

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

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

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

in the report.

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

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

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

requirements.

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

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

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

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

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

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

the Rhode Island Justice Commission and/or a governmental or quasi-governmental entity may

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

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

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

organization under this section, the organization shall send a notice to the office of highway

safety of the Rhode Island Justice Commission department of transportation or its designee

identifying the police department which is failing to collect or transmit the data and the

organization shall then allow fifteen (15) days to elapse.

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

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

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

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

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

generated by the issuance of the reports required by subsection (i) of this section.

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

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

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

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

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

otherwise admissible in accordance with rules of civil procedure. It is understood that disparities

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

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

forms prepared pursuant to § 31-21.2-6(b) of this chapter shall include a citation or arrest number

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

completing the form. The report from the department of transportation or its designee shall not be

officer specific.

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

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

unless the officer's conduct was reckless.

     (c) All police departments shall submit to the office of highway safety of the department

of transportation or its designee on an annual basis beginning on July 15, 2016, and for four (4)

years following the conclusion of data collection, a report indicating what action, if any, has been

taken, to address any racial disparities in traffic stops and/or searches documented in the studies

authorized by §§ 31-21.1-4 and 31-21.2-6, and to otherwise implement any recommendations of

those studies, including, but not limited to, any changes to agency policies; revisions to traffic

enforcement practices; detailed analysis and review of traffic stop data and the results of such

review; or the initiation of any disciplinary action. Any reference to disciplinary action shall not

identify the officer. The office of highway safety of the department of transportation or its

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

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

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

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

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

designee, on a brief form prepared by that office or its designee, information summarizing what,

if any, actions were taken by the agency in response to any racial disparities documented in the

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

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

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

action. Any references to disciplinary action shall not identify the officer. The forms shall be

public records, and shall contain a certification that the department has complied with subsections

(j) and (k) of § 31-21.2-6.

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

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

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

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

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

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

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

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

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

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

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

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

breakdown by category of the disposition of the complaints.

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

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

exemptions:

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

municipal law enforcement agency and the bureau of immigration and customs

enforcement/homeland security investigations concerning the questioning, detention,

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

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

and

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

federal authorities is made to determine a person's immigration status.

     SECTION 3. This act shall take effect on January 1, 2016.

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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 2015

***

     This act would rename the Racial Profiling Act to the Comprehensive Community Police

Relationship Act and would repeal those provisions prohibiting law enforcement from requesting

consent to search of pedestrians; would require each search whether resulting in arrest or not, to

be documented in a computer-aided dispatch (CAD); would enact guidelines and regulations

relative to any motor vehicle stop that is recorded including the initiation, maintenance and

availability of the recording for use by the person or his/her attorney. It would also require the

continued collection of data and the completion of reports to determine whether there are

disparities in traffic stops with race as a factor. Further, this act would require to police

departments to report disparities and to implement recommendations to address those disparities

or impermissible profiling. It would also amend the complaint procedure and would prohibit

police from requesting consent to search from juveniles unless there is reasonable suspicion or

probable cause to do so.

     This act would take effect on January 1, 2016.

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