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Check out ACLU and NAACP's versions of their proposed anti-profiling bills for Iowa


A BILL FOR (ACLU)

An Act relating to law enforcement activities, prohibiting the use of discriminatory policing practices, providing a private right of action for civil enforcement of rights, requiring training and the collection of data, and including the establishment of a citizens’ review board.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

 Section 1.  LEGISLATIVE FINDINGS. The general assembly finds all of the following:

     1. The best practices in community policing will result in reduced crime and safer communities. 

     2. Those best practices are routinely followed by well-trained and well-equipped law enforcement personnel and are in keeping with the legitimate expectations of the public.

     3. Discriminatory policing/profiling and pretextual stops occur and that each is contrary to those best practices; alienates the communities that are being served; violates the rights and freedoms of individual citizens; and compromises public safety.

     Sec. 2. NEW SECTION. 82.1 Statement of intent.

It is the intent of the general assembly to prohibit the use of profiling/discriminatory policing practices and to create a safer state for all, provide for collection of pertinent data, set forth best practices that the public is entitled to expect from law enforcement agencies, and provide remedies for violations, and this section shall be construed toward this end.

     Sec. 3.  NEW SECTION.  82.2  Definitions.

     The definitions established by this section shall apply wherever the terms so defined appear in this chapter, unless the context in which any such term is used clearly requires otherwise.     

     1.  “Law enforcement officer” means any peace officer certified by the Iowa law enforcement academy and employed by a municipality, county, or state agency.

     2. “Housing status” means the character of an individual’s residence or lack thereof, whether publicly or privately owned, on either a temporary or permanent basis, including but not limited to:

     a. Ownership of an individual’s residence.

     b. Permanence or temporary nature of residence.

     c. Use of the shelter system.

     d. Actual or perceived homelessness.

    3. .  “Profiling/discriminatory policing practice” means:

a.  any law enforcement action against an individual by a law enforcement officer that relies, on any degree, on actual or perceived race, color, ethnicity, religion, national origin, gender identity or expression, sexual orientation, immigration or citizenship status, language, disability, HIV status, housing status, occupation, or socioeconomic status in initiating law enforcement action, except when the action relies on a specific suspect description-based notification, an individual’s behavior, or when there is trustworthy information, relevant to the locality and time frame, that links the person to an identified criminal incident or scheme; or
  

b.   any law enforcement stop or temporary detention of a pedestrian or driver of a motor vehicle for a violation constituting any felony or misdemeanor offense, including a scheduled violation, for the purpose of investigating a separate and unrelated suspected felony or misdemeanor offense, including a scheduled violation.

A “profiling/discriminatory policing practice” is also an “unfair practice” or “discriminatory practice” as defined in Chapter 216.2(15)

     4..  “Specific suspect description-based notification” means reasonably detailed physical descriptions by law enforcement officers of the personal identifying characteristics of potential suspects, including age, sex, ethnicity, or race, which shall not be based on generalized assumptions.

     Sec. 4.   NEW SECTION.  82.3  Prohibition on discriminatory practices.

     A law enforcement officer is prohibited from engaging in profiling/discriminatory policing practices.

     Sec. 5.   NEW SECTION.  82.4   Citizens’ Review Board.

     1.     a. The state shall establish a citizens’ review board to review complaints of profiling/discriminatory policing practices made against a law enforcement officer or law enforcement agency.

     b. The board shall consist of the following persons:

     (1)     A representative from the Governor’s Office.

     (2)     A representative for an association of police chiefs in the state or association of sheriffs.

     (3)     A representative for the union of public employees representing police officers and sheriff’s deputies.

     (4)     A representative from the Iowa State Bar Association appointed from a list of attorneys submitted by the Iowa State Bar Association.

     (5)     A minimum of five representatives from advocacy groups that support communities 
of color, the LGBTQ community, undocumented immigrants, women, the Islamic community, homeless people, and people with disabilities.

     2.     a. Not later than six months following the effective date of this Act, the board shall adopt regulations to carry out the functions of the board pursuant to this Act, including the procedures and forms for persons to file complaints of profiling/discriminatory policing practices.

     3.     Not later than six months following the effective date of this Act, the board shall develop a standard notice form to be provided, when practicable, to each person stopped by the law enforcement officer who makes a stop notifying the person of their right to file a complaint with the board if the person believes that he or she has been stopped in violation of this Act.

     4.     Within 90 days of receiving a complaint, the board shall review and investigate complaints of profiling/discriminatory policing practices.

     5.     Upon completion of the investigation, the board shall determine if the stop or arrest was in violation of this Act.

     6.      If the stop or arrest was in violation of this Act, the board shall impose disciplinary measures against the law enforcement officer or law enforcement officers who engaged in the profiling/discriminatory policing practice.

     7.     A person, advocacy organization whose interests are germane to the purpose of this section, the board, or the Attorney General’s civil rights division, may bring an action in district court to enjoin a violation of this section, or to enforce the disciplinary measure ordered by the board following the board’s determination that a stop or arrest was in violation of this Act.
   

     8.     The findings of the board shall be admissible in any criminal or civil proceeding.
  

     9.     The board shall compile an annual report of all complaints received and investigated for profiling/discriminatory policing practices and submit the report to the Iowa General Assembly by November 1 of each year, which report shall be public record accessible from the board’s website.

 

Sec. 6.   NEW SECTION.  82.5  Data Collection and Analysis.

     1.     Not later than six months following the effective date of this Act, the Attorney General, in consultation with stakeholders, including federal, state, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection of data pursuant to this Act. The regulations issued under this Act shall do each of the following:

     a. Provide for the annual collection of data on all routine or spontaneous investigatory activities, and adopt a standardized form to be used by law enforcement agencies in collecting data to be submitted to the Attorney General.

     b. Require that each law enforcement agency shall publicize conspicuously the compiled data of the agency collected under this Act on at least a monthly basis on the law enforcement agency’s website, if applicable, or make data available electronically within 7 days upon request if the agency lacks a website.

     c. Require that each law enforcement agency shall maintain all data collected under this Act for not less than 4 years.

     d. Provide for the protection of privacy of the persons whose data is collected in the following manner:

     (1)     A law enforcement agency shall not provide individual names and identifying information about either the particular law enforcement officer or law enforcement officers who made the stop or the person or persons stopped.

     (2)     A law enforcement agency shall not use or disclose the data collected under this Act except pursuant to the purposes set forth in this Act, and subject to the limitations of this Section.

     (3)     Except as otherwise provided in this Act, a law enforcement agency shall not grant access to data collected under this Act to any person except federal, state, local, or tribal employees or agents who require access in order to fulfill the purposes for the data set forth in this Act.

     (4)     A law enforcement agency shall require any contractor or other non-governmental agent who is permitted access to the data collected under this Act to sign a use agreement incorporating the use and disclosure restrictions set forth in this Section.

     (5)     A contractor or other non-governmental agent who is permitted access to the data collected under this Act shall sign a use agreement requiring the maintenance of adequate security measures to prevent the unauthorized access to the data collected under this Act as a condition of the contractor’s or agent’s contract with the state or law enforcement agency and access to the data collected under this Act.

     e. Require when practicable that each law enforcement officer who makes a stop shall provide a standard notice developed by the Citizens’ Review Board to each person stopped of the person’s right to file a complaint with the Citizens’ Review Board if the person believes that he or she has been stopped in violation of this Act.

     2.     Each law enforcement agency must report to the Attorney General all of the following information annually, which the Attorney General shall collect:

     a. Pedestrian and vehicular stops;

     b. Identifying characteristics of the pedestrian or operator stopped, including perceived race, ethnicity, English language proficiency, gender, and age;

     c. The location and duration of the stop;

     d. The traffic violation or violations alleged to have been committed that led to the stop, if applicable;

     e. Any warning or citation issued as a result of the stop, if applicable;

     f. Information as to the existence of any search performed as a result of the stop, if applicable, including whether consent was given to perform the search, the probable cause or reasonable suspicion providing the basis for the search, which persons were searched, if any, what property was searched, if any, and the duration of the search;

     g. The perceived age, gender, race, ethnicity, and English language proficiency of the person searched or of the persons in possession of the property searched, if applicable;

     h. A complete description of the type and quantity of any contraband discovered or seized as a result of the search, including money, if applicable;

     i. A complete description of any physical force used by and against the law enforcement officer or law enforcement officers, if applicable;

     j. A complete description of the type and circumstances of any canine units or advanced technology used in the search, if applicable.

     3.     An individual law enforcement officer may submit reports or complaints to the Attorney General regarding pedestrian or traffic stops made by other law enforcement officers related to an profiling/discriminatory policing practice, which may be submitted anonymously and which must be kept confidential.

     4.     On or before July 1 of each year, the Attorney General shall compile the results of the information collected pursuant to this section and provide the compiled data to be analyzed to independent non-governmental experts or an independent agency with expertise in discriminatory policing, which experts or agency shall provide an annual data analysis to the Attorney General in statistical form.

     5.     The Attorney General shall report law enforcement agency specific data in statistical form to the public conspicuously on its website on at least an annual basis, without revealing personally identifiable information.

     Sec. 7.   NEW SECTION.  82.6 Training.

     1.     All law enforcement agencies shall provide training to officers on issues related to the prohibition on profiling/unlawful discriminatory policing practices and on data collection and reporting methods. Every law enforcement officer in the state must participate in annual training pursuant to this Section.

     2.     The Iowa Law Enforcement Academy shall develop and disseminate guidelines and training for all law enforcement officers.

     3.     All law enforcement officers must adhere to the standards approved by the Iowa Law Enforcement Academy on the racial and cultural differences among the persons within the jurisdiction of the law enforcement agency.

     4.     Guidelines and training developed by the Iowa Law Enforcement Academy pursuant to this Section shall meet all of the following requirements:

     a. Guidelines and training shall emphasize officer understanding and respect for diverse communities and the importance of effective, non-combative methods of carrying out law enforcement duties in a diverse environment.

     b. The course of basic training for law enforcement officers shall include adequate instruction on diverse communities in order to foster mutual respect and cooperation between law enforcement and members of all diverse communities.

     c. The curriculum shall utilize the Tools for Tolerance for Law Enforcement Professionals framework or its equivalent and shall include and examine the patterns, practices, and protocols that make up profiling/discriminatory policing practices.

     d. The training shall prescribe patterns, practices, and protocols that prevent unlawful profiling.

     e. The training shall include consideration of the identification of key indices and perspectives that make up differences among residents in a local community.

     f. The training shall include consideration of the negative impact of biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police/community relations, and shall provide instruction to officers on the perspectives diverse, local constituency groups and experts on particular cultural and police-community relations issues in a local area.

     g. The training shall include presentation of the history and the role of the civil rights movement and struggles and their impact on law   enforcement.

     h. The training shall instruct law enforcement officers as to their specific obligations to prevent, report, and respond to discriminatory or biased practices by fellow officers.

     6.     In developing the training, Iowa Law Enforcement Academy shall consult with groups and individuals having an interest and expertise in the field of cultural awareness and diversity, as well as advocacy organizations with an interest and expertise in the field of racial profiling.

 

     Sec. 8.   NEW SECTION.  82.7 Civil Enforcement.

     1.     Notwithstanding section 216.7 or section 216.17, a person who is subjected to profiling/discriminatory policing practices, including an organization whose interests are germane to the purpose of this section, may bring directly a civil action for profiling/discriminatory policing practices to enforce this section, without first filing a complaint with the Iowa Civil Rights Commission or obtaining a right to sue.

     2.     In a civil action for profiling/discriminatory policing practices, the following remedies shall be available:

     a. Compensatory damages.

     b. Punitive damages.

     c. Injunctive relief.

     d. Declaratory relief.

     e. Reasonable attorney’s fees, including expert fees.

     f. Any such other supplemental relief as the court deems appropriate. 

     3.      In an action brought under this section, relief may be obtained against any and all of the following:

     a. Any governmental body that employed any law enforcement officer who engaged in profiling/discriminatory policing practices.

     b. Any law enforcement officer who engaged in profiling/discriminatory policing practices.

     c. Any person with supervising authority over a law enforcement officer who engaged in profiling/discriminatory policing practices.

     d. A civilian employee who is employed with a law enforcement agency who engaged in profiling/discriminatory policing practices.

     e.  Any person with supervising authority over a civilian employee who is employed with a law enforcement agency who engaged in profiling/discriminatory policing practices.

     f.  Any party contracted by a law enforcement agency or acting as an agent of the law enforcement agency, if the contracted party or agent engaged in profiling/ discriminatory policing practices.

     4. a. An intentional profiling/discriminatory policing practice is established under this section when the petitioner proves by a preponderance of the evidence that a law enforcement officer has, or the law enforcement officers have, intentionally engaged in profiling/discriminatory policing practices against one or more people. 

     b. Upon a showing by the petitioner by a preponderance of the evidence that the law enforcement officer has, or the law enforcement officers have, intentionally engaged in profiling/discriminatory policing practices against one or more people, the burden of proof shifts to the respondent. It is an affirmative defense for the respondent to prove by a preponderance of the evidence all of the following:

     (1)     The profiling/discriminatory policing practice was necessary to achieve a compelling government interest.

     (2)     The profiling/discriminatory policing practice was narrowly tailored to achieve the compelling government interest.

     (3)     The law enforcement officer or law enforcement officers used the least restrictive means to achieve the compelling government interest.

     5. a. A disparate impact profiling/discriminatory policing practice is established under this section when the petitioner proves by a preponderance of the evidence that the activities of law enforcement officers have had a disparate impact on people based on actual or perceived race, color, ethnicity, religion, national origin, age, sex, gender identity or expression, sexual orientation, immigration or citizenship status, language, disability (including HIV status), housing status, occupation, or socioeconomic status.

     b. Upon a showing by the petitioner by a preponderance of the evidence that the law enforcement officer has, or the law enforcement officers have, engaged in activities that have had a disparate impact, the burden of proof shifts to the respondent. It is an affirmative defense for the respondent to prove by a preponderance of the evidence that the respondent had a substantial justification for the challenged activities, unless the petitioner establishes a comparably effective alternative policy or practice which results in a less disparate impact.

 

     Sec. 9.     Section 216.7, subsection 1, Code 2016, is amended to read as follows:

     1. It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager, or superintendent of any public accommodation or any agent or employee thereof:

     a. To refuse or deny to any person because of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in the furnishing of such accommodations, advantages, facilities, services, or privileges.

     b. To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability is unwelcome, objectionable, not acceptable, or not solicited.

     c. To engage in profiling/discriminatory policing practices as defined in section 82.2.

 

     Sec. 10. NEW SECTION. 82.8 CHOICE OF REMEDIES. A person who is subjected to profiling/discriminatory policing practices, including an organization whose interests are germane to the purpose of this section, may file a complaint under chapter 216 or bring a civil action for profiling/discriminatory policing practices under section 82.7.

 

     Sec. 10.     IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.

 

     Sec. 11.     SEVERABLILITY.     If any provision of this Act or any other provision of this law, or any amendments thereto, shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, such holding shall not affect, impair, or invalidate any portion of or the remainder of this Act, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situations shall not be affected.

     Sec. 12.     EFFECTIVE DATE.     This Act shall take effect 90 days following enactment.

_____________________________________________________________________________________________

Anti-Racial and Other Profiling Bill[DW1]   (NAACP's Bill)

A Law to Prohibit Discriminatory Policing Practices/Profiling and Pretextual Stops by Law Enforcement Officers.

Be it enacted by the Iowa General Assembly as follows:

Section 1. Declaration of Legislative Intent and Findings.

               a.            The Iowa Legislature finds that the best practices in community policing will result in reduced crime and safer communities. Those best practices are routinely followed by well-trained and well-equipped law enforcement personnel and are in keeping with the legitimate expectations of the public. The purposes of this Act are to set forth best practices that the public is entitled to expect from law enforcement agencies; find ways that those best practices can be improved; and arm law enforcement officers with reliable knowledge of what is and is not expected so that they can serve the public more confidently and effectively.

               b.            The Iowa Legislature finds that discriminatory policing/profiling and pretextual stops occur and that each is contrary to those best practices; alienates the communities that are being served; violates the rights and freedoms of individual citizens; and compromises public safety. This Act is intended to prohibit discriminatory policing practices/profiling and pretextual stops; to provide for collection of pertinent data; to provide for additional professional training for law enforcement personnel; and to provide remedies for violations.

Section 2. Definitions.

1.    Definitions. As used in this chapter, each of the following terms has the meaning assigned to it:

a.    “Discriminatory policing practices/profiling” means any action against an individual by a law enforcement officer that relies, to any degree, on actual or perceived race, color, ethnicity, religion, national origin, gender identity or expression, sexual orientation, immigration or citizenship status, language, disability (including HIV status), housing status, occupation, or socioeconomic status.  

b.    “Housing status” means the character of an individual’s residence or lack thereof, whether publicly or privately owned, and whether on a temporary or permanent basis.

c.     “Law enforcement action” means any action carried out by law enforcement agencies and officers that involves apprehending, including without limitation, stopping a pedestrian, a bicyclist, or a driver of a motor vehicle.

d.    “Law enforcement officer” means any peace officer certified by the Iowa Law Enforcement Academy and employed by a municipality, county, state agency, or Iowa state or university educational institutions.

e.    “Pretextual stop” means any law enforcement stop for any alleged offense, including a traffic violation, to allow the officer then to investigate a separate and unrelated, suspected criminal offense.

f.     “Specific suspect description-based identification” means a reasonably detailed physical description of the personal identifying characteristics of a potential suspect (including without limitation, age, sex, ethnicity or race) by law enforcement officers.

g.    “Stop” means (a) any detention of a person by a law enforcement officer, including a temporary detention, or (b) any law enforcement interaction with a person in which the law enforcement officer conducts a search, including a consensual search, of the person’s body or property in the person’s possession or control[DW2] .

Section 3. Prohibition of Discriminatory Policing Practices/Profiling and Pretextual Stops.

               a.            Discriminatory policing practices/profiling and pretextual stops are prohibited, and shall not be engaged in by a law enforcement officer.

               b.            A law enforcement agency’s policy to use information that has been provided by a victim describing the personal identifying characteristics of a perpetrator of a crime in order to seek out persons who match that description does not constitute discriminatory policing practices or profiling and is not prohibited.

               c.            The following law enforcement actions do not constitute discriminatory policing practices or profiling;    Action that relies on

                              i.             a specific suspect description-based identification,

                              ii.            an individual’s observed behavior, or

                              iii.          other trustworthy information or circumstances, relevant to the locality and                                      timeframe,

that links a person or persons to suspected unlawful activity establishing probable cause or reasonable suspicion that criminal activity is afoot

Section 4. Establishment and Role of the Advisory Board on Discriminatory Policing Practices/Profiling.

1.    Beginning July 1, 2016, the Attorney General shall establish the Discriminatory Policing Practices/Profiling Advisory Board (DPPPAB) for the purpose of recognizing and eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement.  In establishing the DPPPAB, the Attorney General shall ensure that the Board is racially and ethnically diverse.  The Attorney General shall also provide or arrange for the staff necessary to assist the DPPPAB in its role under this Act.

2.    DPPPAB shall include the following members:

a.    The Attorney General, or his or her designee;

b.    The Director of the Iowa Law Enforcement Academy;

c.     The Director of the Iowa Public Defender Agency, or his or her designee;

d.    The President of the Iowa Police Chiefs Association, or his or her designee;

e.    The President of Iowa State Sheriffs Association, or his or her designee;

f.     The Chair of the {Iowa Criminal Justice Planning Agency or the Public Safety Advisory Board], or his or her designee;

g.    The Commissioner of the Iowa State Patrol, or his or her designee;

h.    A university professor who specializes in policing and racial and identity equity;

i.     Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights, such as the NAACP;

j.     Two representatives, at least one of whom is 16 years of age or older but not older than 24 years of age at the time of appointment, of community organizations that specialize in civil or human rights and criminal justice, and that work with victims of racial and other profiling;

k.    Two  clergy members who have significant experience in addressing and reducing racial and other bias toward individuals and groups;

l.     One or two other members that the Governor may prescribe;

m.   One or two other members that the President Pro Tempore of the Senate may prescribe; and

n.    One or two other members that the Speaker of the House may prescribe.

3.    Not later than six months after the effective date of this Act, the DPPPAB shall do both of the following:

a.    adopt and publish regulations to carry out its functions pursuant to this Act;

b.    develop a standard notice form to be provided, whenever practicable, to each person stopped by the law enforcement officer who makes a stop. The notice form shall notify the person of his or her right to file a complaint with the Iowa Civil Rights Commission if the person believes that he or she has been stopped in violation of this Act.

4.    Each year, on an annual basis, DPPPAB shall do all of the following:

a.    Evaluate and comment upon the compiled data and the analysis of it provided to the Board by the Attorney General pursuant to this Act;

b.    Assess law enforcement training under this Act and ways, if any, in which it could be improved or made more effective;

c.     Work in partnership with state and local law enforcement agencies to review and analyze discriminatory policing practices/profiling across geographic areas in Iowa;

d.    Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics;

e.    Issue a report that provides DPPPAB’s analysis under subparagraphs (a) through (d), inclusive, detailed findings on the past and current status of racial and identity profiling and other discriminatory policing practices, and makes policy recommendations for eliminating discriminatory practices and profiling.  DPPPAB shall post the report on its Internet Web site.  Each report shall include disaggregated statistical data for each reporting law enforcement agency.  The report shall include, at minimum, each reporting law enforcement agency’s total results for each data collection criteria for each calendar year. The reports shall be retained and made available to the public by posting those reports on the Attorney General’s Internet Web site. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of the Iowa Freedom of Information Act and are open to public inspection pursuant to the rules and procedures of the FOIA; and

f.     Hold at least three public meetings annually to discuss discriminatory police practices and profiling, and potential reforms to prevent discriminatory practices/profiling.  DPPPAB shall provide notify the public of each public meeting at least 60 days before the date of the meeting.

5.    DPPPAB shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies.

6.    Members of DPPPAB shall not receive compensation, nor per diem expenses, for their services as members of DPPPAB.

7.    No action of DPPPAB shall be valid unless agreed to by a majority of its members.

8.    The initial terms of DPPPAB members shall be four years.

9.    Each year DPPPAB shall elect two of its members as co-chairpersons.

Section 5. Data Collection and Analysis

1.    Not later than [6 months] after the date of enactment of this Act, the Attorney General, in consultation with the DPPPAB, shall issue regulations for the collection of data. The Attorney General’s office shall collect this data. The regulations issued under this section shall provide for the collection, reporting, and analysis of data on all investigatory activities.

2.    The following information shall be collected on each pedestrian, bicycle, and vehicular stop:

a.    The time, date, location and duration of the stop;

b.    The reason or reasons for the stop, such as the traffic violation or violations alleged to have been committed that led to the stop;

c.     The result of the stop, such as, no action, warning, citation, property seizure, or arrest.

d.    If a warning or citation was issued as a result of the stop, the warning provided or violation cited;

e.    If an arrest was made, each offense charged;

f.     The identifying characteristics of the person stopped, including perceived race, ethnicity, English language proficiency, gender, and approximate age. The identification of these characteristics shall be based on the observation and perception of the law enforcement officer making the stop, and the information shall not be requested from the person stopped. For motor vehicle stops, this paragraph only applies to driver, unless any actions specified under paragraph g. below apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for him or her.

g.    Actions taken by the law enforcement officer during the stop, including, but not limited to, the following:

i.     Whether the officer asked for consent to search the person, and, if so whether consent was provided;

ii.    Whether the officer searched the person or any property, and, if a search was performed, the basis for the search, the scope and duration of the search, and the type of contraband, including money, or evidence discovered in the search, if any;

iii.   Whether the officer seized any property and, if so, a complete description of the property that was seized and the basis for seizing the property;

iv.   Whether any physical force was used by and against the officer or officers, and if so, a complete description as to what extent force was used;

v.    Whether the search involved canine units or advanced technology and if so, a complete description of the type and circumstances of any such search;

vi.   Any additional information which the officer or law-enforcement agency considers appropriate.

3.    Law enforcement agencies shall compile the required data on the standardized form developed by the Attorney General and shall submit the form to the Attorney General’s office annually.  Each law enforcement agency shall prominently publicize the compiled data on the agency’s website on a monthly or quarterly basis, or make data available electronically within 7 days upon request if the agency lacks a website. Each law enforcement agency shall maintain all data collected under this Act for not less than 4 years.

4.    The Attorney General shall compile the data collected pursuant to this section and provide the compiled data to the [Iowa Criminal Justice Planning Agency] [the Public Safety Advisory Board] for analysis.  The [Agency] [Board] shall give the responsibility to analyze the data high priority and shall provide an annual data analysis to the Attorney General in statistical form. The Attorney General shall report law enforcement agency specific data in statistical form to the public prominently on its website on at least an annual basis, without revealing personally identifying information.

5.    The Attorney General shall provide the compiled data and [the Agency’s] [the Board’s] analysis of it to the DPPPAB, and in consultation with the DPPPAB, shall promulgate regulations that set comparative benchmarks consistent with best practices, against which collected data shall be measured, and provide for the protection of the privacy of individuals whose data is collected.  In the interest of privacy, a law enforcement agency shall:

a.    not provide individual names and identifying information regarding the particular law enforcement officer or officers who made a stop and the person or persons who were stopped;

b.    not use or disclose the data collected under this Act except for the purposes set forth in this Act and subject to the limitations of this Section;

c.     except as otherwise provided in this Act, limit access to the data collected under this Act to those Federal, State, local, or tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this Act; and

d.    require contractors or other non-governmental agents who are permitted access to the data collected under this Act to sign use agreements

        i.             incorporating the use and disclosure restrictions set forth in subparagraphs a. through c. , and

        ii.            requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act.

Section 6. Training.

1.    All law enforcement agencies shall provide training to officers on issues related to the prohibition of discriminatory policing practices/profiling and pretextual stops and on data collection and reporting methods. Every law enforcement officer in the state must participate in annual training pursuant to this Section. Once the initial training is completed, each law enforcement officer shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary in order to keep current with changing demographic trends.

2.    The Iowa Law Enforcement Academy shall develop and disseminate guidelines and provide training for all law enforcement officers on discriminatory policing practices/profiling and pretextual stops. In developing the guidelines and training, Iowa Law Enforcement Academy shall consult with and solicit or receive comments from

        a.            the DPPPAB,

        b.            groups and individuals having an interest and expertise in the field of cultural awareness and diversity, and

        c.            advocacy organizations with an interest and expertise in the field of racial profiling.

3.    All law enforcement officers must adhere to the standards approved by the Iowa Law Enforcement Academy on the racial and cultural differences among the persons within the jurisdiction of the law enforcement agency.

4.    Guidelines and training developed by the Iowa Law Enforcement Academy pursuant to this Section shall meet all of the following requirements:

a.    Guidelines and training shall emphasize officer understanding and respect for diverse communities and the importance of effective, non-combative methods of carrying out law enforcement duties in a diverse environment.

b.    The course of basic training for law enforcement officers shall include adequate instruction on diverse communities in order to foster mutual respect and cooperation between law enforcement and members of all diverse communities.

c.     The curriculum shall utilize the Tools for Tolerance for Law Enforcement Professionals framework or its equivalent and shall include, but not be limited to, consideration of the following subjects:

i.     The patterns, practices, and protocols that make up discriminatory policing practices/profiling and pretextual stops. Pretext stops are widely perceived as a police practice that is abusive, discriminatory, and inconsistent with the trust and confidence vital to a constructive police-community relationships. The prohibition of pretextual stops in section 3 will require training and emphasis because this practice has been used pervasively by police departments nationwide for many years. Elimination of this practice will strengthen police-community relations and will significantly reduce the number of citizen complaints of discriminatory policing/profiling.

ii.    The prescription of patterns, practices, and protocols that prevent unlawful profiling.

iii.   The identification of key indices and perspectives that make up differences among residents in a local community.

iv.   The negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations, and contributed to injury, death, disparities in stops, arrests, prosecution, and incarceration[DW3] .

v.    The perspectives of diverse, local constituency groups and experts on particular cultural and police-community relations issues in a local area.

vi.   The history and the role of the civil rights movement and struggles and their impact on law enforcement.

vii.  The prohibition against discriminatory policing practices/ profiling and pretextual stops in Section 3.

viii. Specific obligations of law enforcement officers (a) to comply with their reporting responsibilities under this Act and (b) to prevent, report, and respond to discriminatory or biased practices by fellow officers.

Section 7. Enforcement.

1.    An individual subject to a discriminatory policing practice/profiling or a pretextual stop, or an organization whose interests are germane to the purpose of this section, may enforce this section by filing a complaint in accordance with the procedures in Iowa Code § 216.15 that provide for remedies in both administrative and judicial proceedings, including compensatory damages, injunctive and declaratory relief, and attorney’s and expert’s fees as part of the costs.

2.    In consultation with the DPPPAB, the Iowa Civil Rights Commission shall adopt a form for a person to file a complaint of a discriminatory policing practice/profiling or a pretextual stop.

3.    In an action brought under this section, relief may be obtained against:

a.    any governmental body that employed any law enforcement officer who engaged in a discriminatory policing practices/profiling;

b.    any law enforcement officer who engaged in a discriminatory policing practices/profiling and any person with supervisory authority over such law enforcement officer;

c.     any civilian employee who is employed with a law enforcement agency who engaged in a discriminatory policing practices/profiling and any person with supervisory authority over such law (?) such civilian employee[DW4] ; and

d.    any person under contract with a law enforcement agency who engaged in a discriminatory policing practices/profiling or made a pretextual stop .

4.    An intentional discriminatory practice is established when an individual or organization proves by a preponderance of the evidence that a law enforcement officer has, or law enforcement officers have, purposefully engaged in a discriminatory policing practice or profiling or a pretextual stop of one or more individuals. 

5.    A prima facie case of disparate impact discrimination is established when an individual or organization proves by a preponderance of the evidence that the activities of law enforcement officers have had a significant adverse impact on individuals based on actual or perceived race, color, ethnicity, religion, national origin, age, sex, gender identity or expression, sexual orientation, immigration or citizenship status, language, disability (including HIV status), housing status, occupation, or socioeconomic status.   Once a prima face case of disparate impact discrimination is proved, the burden of proof shifts to the respondent. It is an affirmative defense if the respondent proves by a preponderance of the evidence a substantial justification for such activities, unless the complainant demonstrates a comparably effective alternative policy or practice which results in less of a disparate impact.

6.    An individual law enforcement officer or law enforcement employee who observes a discriminatory policing practice/profiling or a pretextual stop by another law enforcement officer should promptly report the unlawful conduct to the Attorney General.  Retaliation against an officer or employee who files such a report is prohibited and constitutes a violation of this Act. A law enforcement officer or law enforcement employee who retaliated against an officer or employee for reporting a discriminatory policing practice/profiling or a pretextual stop shall be subject to discipline, including dismissal.

7.    The Iowa Civil Rights Commission shall make monthly reports on its web site of all complaints filed and investigated for discriminatory policing practices/profiling and pretextual stops and submit an annual report to the Attorney General, the DPPPAB, and the General Assembly. The Commission’s Annual Report to the Attorney General is a public record and shall be posted on its web site.

Section 8. Severability.

If any provision of this bill or any other provision of this law, or any amendments thereto, shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, such holding shall not affect, impair or invalidate any portion of or the remainder of this law, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situations shall not be affected.

Section 9. Enactment.

This law shall take effect [six months] after it is enacted.

 


 [DW1]This is the title of the NAACP Model Bill, which we have taken as our model.

 [DW2]Note that “stop” is defined to mean either a detention or a search. The definition is drawn from California’s bill  prohibiting racial and other profiling. The LRC is considering whether this dual definition works or should be changed.

 [DW3] The NAACP Model Bill adds “and wrongful convictions.” That language has been deleted.  It is a valid concern but a different subject and one for another day.

 [DW4]I would delete this subparagraph.  It’s too broad.



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Wage theft and a Liveable minimum wage:  Because living wage referendums were won even in red states, we need to push to increase Iowa's minimum wage.  Iowa Citizens for Community Improvement, Interfaith Alliance and Interfaith Justice Worker are our likely coalition partners. UU Society of Iowa City is currently working with Interfaith Justice Worker.

Immigrant Justice:  There are many efforts to be made. Driver's licenses for immigrants meets requirements for driving and being able to carry insurance is a benefit for everyone.  To function in Iowa, driving is virtually a necessity.  We want your help to prod our legislators.  We join a broad coalition: the ACLU, law enforcement (who want positive IDs) and immigrant advocates.  

Our public libraries need to create resources for immigrants like the NYC Libraries. Marshalltown and Ames UUs are involved with AMOS and other coalition leaders.

Death with Dignity: Although Death with Dignity could be a long term goal for IUUWAN, we've just added Tami Haught to our team to make this happen.  She is receiving the "Friends of Iowa Civil Rights" award along with Tom Harkin.   She was the lead lobbyist who got another long shot law changed.  Here's an article about her work.  First Unitarian Church in Des Moines has been leading the work on Death with Dignity and Ames has taken an interest but to make this happen, we will need to build a bigger coalition and Iowa UUs will need to be engaged. 

Restorative justice and racial justice in Iowa.  Iowa has the highest rate of incarceration for African Americans in the country.  We arrest African Americans eight times more than white Americans.  African Americans are 12 times more likely to be convicted and incarceration rates run around 14 times more than whites because they serve longer sentences.  And studies show that drug use is almost identical for whites and blacks (the most common reason for incarceration)...and some studies show whites, with more money, are more likely to use drugs. AMOS and First Unitarian Church of Des Moines and Cedar Valley UU are leading this effort.

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Please contact 
TerryLeeLowman  @  gmail.com if you're interesting in working on these justice issues.  Or give him a call at 515-441-9844
 
 
 

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How we Choose Issues

Unitarian Universalist seven principles guide us in selecting issues that are important to us.

We welcome you to submit proposals (an email?) on issues that you would like us to join you in working for change.  It's even better if you find a consensus in your own congregation, but always feel free to point us towards justice.  With board approval, we will ask for others to lead and help with this issue.  

We are look for issues that we feel the UUs can uniquely support--for example, issues surrounding Reproductive Rights.  We look for issues that we can join a coalition as Iowa UUs are unlikely to be able to go it alone.  And because our efforts have limits, we prefer to work on issues that we have some chance of changing--we will not try to achieve the impossible when there are lots of wonderful justice issues just waiting for a little work to make them happen.

There are many ways to advocate for change.  Of course, lobbying is a good idea.  But sometimes it's even better if you ask your city council to endorse this advocacy.  State legislators are much more likely to work for justice, if others are on record in supporting this issue.  

Some things, like the Affordable Care Act just need volunteers to find people who need healthcare and get them signed up.  

And sometimes we advocate for enforcement of good laws or non-enforcement of bad laws.

Our Unitarian Universalist Seven Principles that inform our advocacy.

We, the member congregations of the Unitarian Universalist Association, covenant to affirm and promote

* The inherent worth and dignity of every person;
* Justice, equity and compassion in human relations;
* Acceptance of one another and encouragement to the spiritual growth in our congregations;
* A free and responsible search for truth and meaning;
* The right of conscience and the use of the democratic process within our congregations and in society at large;
* The goal of world community with peace, liberty and justice for all;
* Respect for the interdependent web of all existence of which we are a part.


The living tradition which we share draws from many sources:

* Direct experience of that transcending mystery and wonder, affirmed in all cultures, which moves us to a renewal of the spirit and an openness to the forces which create and uphold life;
* Words and deeds of prophetic women and men which challenge us to confront powers and structures of evil with justice, compassion and the transforming power of love;
* Wisdom from the world's religions which inspires us in our ethical and spiritual life;
* Jewish and Christian teachings which call us to respond to God's love by loving our neighbors as ourselves;
* Humanist teachings which counsel us to heed the guidance of reason and the results of science, and warn us against idolatries of the mind and spirit
* Spiritual teachings of Earth-centered traditions which celebrate the sacred circle of life and instruct us to live in harmony with the rhythms of nature.

Grateful for the religious pluralism which enriches and ennobles our faith, we are inspired to deepen our understanding and expand our vision.  As free congregations we enter into this covenant, promising to one another our mutual trust and support.


Below are friends who are advocating for UU principles.

Interfaith Power and Light invite you to join them to work on environmental issues https://www.facebook.com/interfaithpowerandlight

Interfaith Alliance of Iowa, partners in marriage equality and repealing HIV stigma
http://interfaithallianceiowa.org/

American Civil Liberties Union, our partners in protecting democracy and human rights.
http://www.aclu-ia.org/



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