THE PROPOSED STATUTE
Be it enacted by the people of the State of Missouri as follows:
Section A. Section 590.650 RSMo, are hereby repealed and one new section enacted in lieu thereof, to be known as section 590.650.
Explanation: The existing section of 590.650 is set forth herein with the new matter underlined and the deleted matter in brackets [thus].
RACIAL PROFILING PREVENTION ACT
[590.650.1 As used in this section "minority group" means individuals of African, Hispanic, Native American or Asian descent.] 590.650.1. Section 590.650 shall be known and may be cited as the “Racial Profiling Prevention Act” (the “Act”).
[2. Each time a peace officer stops a driver of a motor vehicle, that officer shall report the following information to the law enforcement agency that employs the officer:] 2. As used in this section, the following terms mean:
[(1) The age, gender and race or minority group of the individual stopped;] (a) “Law enforcement agency” means an agency of this state, or a county, municipality, or other political subdivision of the state, that employ peace officers’ official duties.
[(2) The reasons for the stop;](b) “Pedestrian stop” means an interaction between a peace officer and an individual who is being detained for the purpose of criminal investigation in which the individual is not under arrest.
[(3) Whether a search was conducted as a result of the stop;] (c) “Race or ethnicity” means of a particular descent, including African, Hispanic, Asian, or Native American descent.
[(4) If a search was conducted, whether the individual consented to the search, the probable cause for the search, whether the person was searched, whether the person's property was searched, and the duration of the search;] 3. Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must:
[(5) Whether any contraband was discovered in the course of the search and the type of any contraband discovered;] (1) clearly define acts constituting racial profiling;
[(6) Whether any warning or citation was issued as a result of the stop;] (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling;
[(7) If a warning or citation was issued, the violation charged or warning provided;] (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual;
[(8) Whether an arrest was made as a result of either the stop or the search;] (4) provide public education relating to the agency’s complaint process;
[(9) If an arrest was made, the crime charged; and] (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency’s policy adopted under this section;
[(10) The location of the stop.] (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to:
[Such information may be reported using a format determined by the department of public safety which uses existing citation and report forms.] (a) the age, gender, race or ethnicity of the individual detained; and
[3.(1) Each law enforcement agency shall compile the data described in subsection 2 of this section for the calendar year into a report to the attorney general.] (b) the county, municipality, or other political subdivision wherein the individual of the state is a resident; and
[(2) Each law enforcement agency shall submit the report to the attorney general no later than March first of the following calendar year.] (c) whether a search was conducted and, if so, whether the individual detained consented to the search.
[(3) The attorney general shall determine the format that all law enforcement agencies shall use to submit the report.] (7) require the agency to compile and submit to the attorney general an annual report of the information collected under section 3. (6) if the agency is an agency of a county, municipality, or other political subdivision of the state.
[4. (1) The attorney general shall analyze the annual reports of law enforcement agencies required by this section and submit a report of the findings to the governor, the general assembly and each law enforcement agency no later than June first of each year] 4.The data collected as a result of the reporting requirements of this section shall not constitute prima facie evidence of racial profiling.
[(2) The report of the attorney general shall include at least the following information for each agency:] 5. On adoption of a policy under section 3, a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this section, the policy adopted by the agency under section 3 must include standard for reviewing video and audio documentation.
[(a) The total number of vehicles stopped by peace officers during the previous calendar year;] 6. A report required under section 3(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This section does not affect the collection of information as required by a policy under section 3(6).
[(b) The number and percentage of stopped motor vehicles that were driven by members of each particular minority group;] 7. The law enforcement agency after the receiving of a complaint described by section 3 (3) shall within 90 days, complete and inform the individual who filed the complaint in writing of the agency’s findings.
[(c) A comparison of the percentage of stopped motor vehicles driven by each minority group and the percentage of the state's population that each minority group comprises; and] 8. A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including:
[(d) A compilation of the information reported by law enforcement agencies pursuant to subsection 2 of this section.] (1) a physical description of each person detained as a result of the stop, including:
[5. Each law enforcement agency shall adopt a policy on race-based traffic stops that:] (a) the person’s gender; and
[(1) Prohibits the practice of routinely stopping members of minority groups for violations of vehicle laws as a pretext for investigating other violations of criminal law;] (b) the person’s race or ethnicity, as stated by the person or, if the person does not state the person’s race or ethnicity, as determined by the officer to the best of the officers ability;
[(2) Provides for periodic reviews by the law enforcement agency of the annual report of the attorney general required by subsection 4 of this section that:] (2) the traffic law or ordinance alleged to have been violated or the suspected offense;
[(a) Determine whether any peace officers of the law enforcement agency have a pattern of stopping members of minority groups for violations of vehicle laws in a number disproportionate to the population of minority groups residing or traveling within the jurisdiction of the law enforcement agency; and] (3) the county, municipality, or other political subdivision wherein the person’s of the state is a resident;
[(b) If the review reveals a pattern, require an investigation to determine whether any peace officers of the law enforcement agency routinely stop members of minority groups for violations of vehicle laws as a pretext for investigating other violations of criminal law; and] (4) whether the officer conducted a search as a result of the stop and , if so, whether the person detained consented to the search;
[(3) Provides for appropriate counseling and training of any peace officer found to have engaged in race-based traffic stops within ninety days of the review.] (5) whether any contraband was discovered in the course of the search and the type of contraband discovered;
[The course or courses of instruction and the guidelines shall stress understanding and respect for racial and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a racially and culturally diverse environment.] (6) whether probable cause to search existed and the facts supporting the existence of that probable cause;
[6. If a law enforcement agency fails to comply with the provisions of this section, the governor may withhold any state funds appropriated to the noncompliant law enforcement agency.] (7) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged.
[7. Each law enforcement agency in this state may utilize federal funds from community-oriented policing services grants or any other federal sources to equip each vehicle used for traffic stops with a video camera and voice- activated microphone.] (8) the street address or approximate location of the stop; and
[8. A peace officer who stops a driver of a motor vehicle pursuant to a lawfully conducted sobriety check point or road block shall be exempt from the reporting requirements of subsection 2 of this section.] (9) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged.
9. (1) A law enforcement agency shall compile the information under section 8 into a report to the attorney general not later than March first of each year.
(2) The attorney general shall determine the format that all law enforcement agencies shall use to submit the report.
10.(1) The attorney general shall analyze the annual reports of law enforcement agencies required by this section and submit a report of the findings to the governor, the general assembly and each law enforcement agency no later than June first of each year.
(2) The report of the attorney general shall include at least the following information for each agency:
(a) The total number of vehicles and pedestrian stops by peace officers during the previous calendar year;
(b) The number and percentage of stopped motor vehicles that were driven by members of each particular race or ethnicity;
(c) The number and percentage of pedestrian of each particular race or ethnicity stopped;
(d) The number and percentage of complaints filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling.
(e) A comparison of the percentage of stopped motor vehicles driven by each particular race or ethnicity and the percentage of the state's population that each particular race or ethnicity comprises;
(f) A comparison of the percentage of pedestrian by each particular race or ethnicity stopped and the percentage of the state's population that each particular race or ethnicity comprises;
(g) Determine the prevalence of racial profiling by an agency; and
(h) A compilation of the information reported by law enforcement agencies pursuant to subsection 2 of this section.
11.(1) If a law enforcement agency fails to comply with the provisions of the Act, the governor, after an investigation into the claims of an agency’s failure to comply with the Act shall withhold any state funds appropriated to the noncompliant law enforcement agency.
(2) Any person may submit in writing and mailed by certified return receipt, a notice to the Missouri Department of Public Safety of an agency’s failure to comply with the provision of the Act. The Missouri Department of Public Safety, after receiving a notice from an individual claiming that an agency has failed to comply with the Act, shall investigate within 10 days after receipt of a notice, and upon finding that an agency has failed to comply with the Act shall within 10 days inform the governor of such failure, and the governor shall immediately after receiving a notice withhold state funds pursuant to section 11.(1) until the agency has complied.
Exemption for agencies using video and audio equipment.
12. A peace officer is exempt from the reporting requirements under section 8 and a law enforcement agency is exempt from the compilation and reporting requirements under section 9 if:
(1) during the calendar year preceding the date that a report under section 9 is required to be submitted:
(a) each law enforcement motor vehicle used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and
(b) each traffic and pedestrian stop made by an officer employed by the agency is recorded by using the video and audio or audio equipment, as appropriate.
13. Except as otherwise provided by this section, a law enforcement agency that is exempt from the requirements under section 9 shall retain the video and audio or audio documentation of each traffic stop and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint
14. Section 12 does not affect the policy making, collection, or reporting requirements under section 3.
15. A peace officer who stops a driver of a motor vehicle to conducted a sobriety check point or road block shall not be exempt from the reporting requirements under section 8, unless a peace officer complies with the provision of section 12.