1.1.................... moves to amend H.F. No. 108 as follows:
1.2Page 1, after line 7, insert:
1.3 "Section 1. Minnesota Statutes 2008, section 13.871, subdivision 6, is amended to read:
1.4 Subd. 6.
Training; investigation; apprehension; reports. (a)
Reports of gunshot
1.5wounds. Disclosure of the name of a person making a report under section
626.52,
1.6subdivision 2
, is governed by section
626.53.
1.7(b)
Child abuse report records. Data contained in child abuse report records are
1.8classified under section
626.556.
1.9(c)
Interstate data exchange. Disclosure of child abuse reports to agencies of
1.10another state is classified under section
626.556, subdivision 10g.
1.11(d)
Release to family court services. Release of child abuse data to a court services
1.12agency is authorized under section
626.556, subdivision 10h.
1.13(e)
Release of data to mandated reporters. Release of child abuse data to mandated
1.14reporters who have an ongoing responsibility for the health, education, or welfare of a
1.15child affected by the data is authorized under section
626.556, subdivision 10j.
1.16(f)
Release of child abuse investigative records to other counties. Release of
1.17child abuse investigative records to local welfare agencies is authorized under section
1.18626.556, subdivision 10k
.
1.19(g)
Classifying and sharing records and reports of child abuse. The classification
1.20of child abuse data and the sharing of records and reports of child abuse by and between
1.21local welfare agencies and law enforcement agencies are governed under section
626.556,
1.22subdivision 11
.
1.23(h)
Disclosure of information not required in certain cases. Disclosure of certain
1.24data obtained from interviewing a minor is governed by section
626.556, subdivision 11a.
1.25(i)
Data received from law enforcement. Classifying child abuse data received
1.26by certain agencies from law enforcement agencies is governed under section
626.556,
1.27subdivision 11b
.
2.1(j)
Disclosure in child fatality cases. Disclosure of information relating to a child
2.2fatality is governed under section
626.556, subdivision 11d.
2.3(k)
Reports of prenatal exposure to controlled substances. Data on persons
2.4making reports under section
626.5561 are classified under section
626.5561, subdivision
2.53
.
2.6(l)
Vulnerable adult report records. Data contained in vulnerable adult report
2.7records are classified under section
626.557, subdivision 12b.
2.8(m)
Adult protection team information sharing. Sharing of local welfare agency
2.9vulnerable adult data with a protection team is governed by section
626.5571, subdivision
2.103
.
2.11(n)
Child protection team. Data acquired by a case consultation committee or
2.12subcommittee of a child protection team are classified by section
626.558, subdivision 3.
2.13(o)
Child maltreatment reports peer review panel. Sharing data of cases reviewed
2.14by the panel is governed under section
626.5593, subdivision 2.
2.15(p)
Peace officer discipline procedures. Access by an officer under investigation
2.16to the investigating agency's investigative report on the officer is governed by section
2.17626.89, subdivision 6
.
2.18(q)
Racial profiling study data. Racial profiling study data is governed by section
2.19626.951
626.9522. "
2.20Page 6, after line 22, insert:
2.21 "Sec. 8. Minnesota Statutes 2008, section 626.9517, subdivision 1, is amended to read:
2.22 Subdivision 1.
Grants; cameras described. The commissioner of public safety
2.23shall make grants to
each law enforcement
agencies agency participating in the
primary
2.24seat belt racial profiling study described in section
626.951 626.9522 for the purchase,
2.25installation, and maintenance of video cameras on police vehicles designed to record
2.26traffic stops. A video camera installed pursuant to a grant under this section must:
2.27(1) be automatically activated during every traffic stop;
2.28(2) contain an audio feature; and
2.29(3) be designed and installed so as to record the stop in its entirety.
2.30Cameras may not be equipped with manual shut-off switches and must be activated
2.31for the entirety of a traffic stop.
2.32 Sec. 9.
[626.9522] PRIMARY SEAT BELT RACIAL PROFILING STUDY.
2.33 Subdivision 1. Definitions. For purposes of this section, the following terms have
2.34the meanings given them:
2.35(1) "Commissioner" means the commissioner of public safety;
3.1(2) "Law enforcement agency" has the meaning given in section 626.84;
3.2(3) "Law enforcement officer" means any peace officer as defined in section 626.84;
3.3and
3.4(4) "Traffic stop" means any time a law enforcement officer:
3.5(i) causes the operator of a motor vehicle being operated on any street or highway
3.6in the state to stop the motor vehicle; or
3.7(ii) detains an occupied motor vehicle that is already stopped in any public or
3.8private place.
3.9Traffic stop does not include a checkpoint or roadblock stop, or a stop of multiple
3.10vehicles due to a traffic accident or emergency situation.
3.11 Subd. 2. Applicability; scope. (a) This section applies to three law enforcement
3.12agencies, as determined by the commissioner, that request to participate in the primary
3.13seat belt racial profiling study under this section. The commissioner must select a law
3.14enforcement agency for participation in the study from one rural jurisdiction, one suburban
3.15jurisdiction, and one urban jurisdiction.
3.16(b) The commissioner shall include in the study required by this section any other
3.17law enforcement agency that certifies to the commissioner its desire to participate, in
3.18whole or in part, in the analysis.
3.19 Subd. 3. Duty to record data. (a) A law enforcement officer from a participating
3.20jurisdiction who conducts a traffic stop primarily for the failure to wear a seat belt pursuant
3.21to section 169.686, subdivision 1, shall record and forward the following data to the chief
3.22law enforcement officer of the officer's agency:
3.23(1) the location of the stop;
3.24(2) the date and time of the stop;
3.25(3) the age, race/ethnicity, and gender of the driver;
3.26(4) the disposition of the stop: arrest, citation, warning, or no action;
3.27(5) whether a search was conducted of the driver, passengers, or vehicle;
3.28(6) if a search was conducted, the authority for the search;
3.29(7) if a search was conducted, whether any contraband was discovered or seized
3.30and the nature of the contraband;
3.31(8) whether the officer knew the race/ethnicity of the driver before the stop; and
3.32(9) the law enforcement agency's code.
3.33(b) The data required by paragraph (a) is the minimum that a law enforcement
3.34agency must collect. Nothing in this section prohibits an agency from voluntarily
3.35collecting additional data. If an agency collects additional data, the data are classified as
3.36provided in subdivision 10.
4.1(c) Data must be collected for a period of 12 months, beginning on January 1, 2010.
4.2 Subd. 4. Submission of data to commissioner. On a frequency determined by the
4.3commissioner, each chief law enforcement officer of an agency collecting data under this
4.4section shall submit to the commissioner of public safety the data described in subdivision
4.53 for each traffic stop conducted by the agency's law enforcement officers for which failure
4.6to wear a seat belt was the primary reason for conducting the stop.
4.7 Subd. 5. Method of data collection. A chief law enforcement officer may collect
4.8and submit the data described in this section electronically, if the method of doing so is
4.9compatible with the department of public safety's computer system, or on paper forms
4.10supplied by the commissioner.
4.11 Subd. 6. Traffic stop data analysis. The commissioner shall retain a sufficiently
4.12experienced and independent organization or individual to:
4.13(1) design and oversee the data collection process described by this section;
4.14(2) develop baseline measures to analyze the data collected;
4.15(3) develop and implement a data compliance auditing process that ensures the
4.16accuracy of the data collected through, among other things, periodic spot checks; and
4.17(4) analyze the data collected.
4.18 Subd. 7. Other duties of commissioner. The commissioner shall:
4.19(1) ensure that the data forwarded to the commissioner under this section is entered
4.20into a central database in a timely manner;
4.21(2) cooperate with the outside expert retained pursuant to subdivision 6 to facilitate
4.22the ability of the expert to fulfill the duties under this section, including allowing the
4.23expert sufficient access to the compiled data; and
4.24(3) develop and distribute to law enforcement agencies participating in the study
4.25a paper form to record the data.
4.26 Subd. 8. Study funding. (a) The commissioner shall seek funding for the study
4.27from federal grant-in-aid sources for which the study is eligible, including but not
4.28limited to (1) funds under section 1906 of the Safe, Accountable, Flexible, Efficient
4.29Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59; and
4.30(2) additional funding made available to the state of Minnesota due to changes in seat belt
4.31use requirements under section 1 of the act.
4.32(b) An amount as necessary to implement the study under this section is appropriated
4.33to the commissioner for fiscal years 2010, 2011, and 2012 from funds obtained under
4.34paragraph (a).
5.1 Subd. 9. Report required. The outside expert shall analyze the data collected to
5.2determine the degree to which, if at all, racial profiling occurs in traffic stops for failure to
5.3wear a seat belt made by law enforcement agencies submitting data. The commissioner
5.4shall submit a report on the results of the analysis to the chairs of the senate and house
5.5committees with jurisdiction over criminal justice policy by December 1, 2011.
5.6 Subd. 10. Classification of data. Data collected for purposes of the traffic stop
5.7analysis as required or permitted by this section is classified as private data on individuals
5.8or nonpublic data, as defined in section 13.02. This subdivision does not affect the
5.9classification of the same data collected for other law enforcement purposes.
5.10EFFECTIVE DATE.This section is effective the day following final enactment,
5.11and expires on June 30, 2012."
5.12Renumber the sections in sequence and correct the internal references
5.13Amend the title accordingly