| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- S 0368 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC000422 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S TATE OF RHODE IS LAND |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES -- COMPREHENSIVE COMMUN ITY-- |
|---|
| 16 | 16 | | POLICE RELATIONSHIP ACT OF 2015 |
|---|
| 17 | 17 | | Introduced By: Senators Quezada, Cano, Euer, DiMario, Acosta, Britto, Lawson, |
|---|
| 18 | 18 | | Valverde, Bell, and McKenney |
|---|
| 19 | 19 | | Date Introduced: February 16, 2023 |
|---|
| 20 | 20 | | Referred To: Senate Judiciary |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | It is enacted by the General Assembly as follows: |
|---|
| 24 | 24 | | SECTION 1. Sections 31-21.2-6 and 31-21.2-7 of the General Laws in Chapter 31-21.2 1 |
|---|
| 25 | 25 | | entitled "Comprehensive Community-Police Relationship Act of 2015" are hereby amended to read 2 |
|---|
| 26 | 26 | | as follows: 3 |
|---|
| 27 | 27 | | 31-21.2-6. Continued data collection. Data collection. 4 |
|---|
| 28 | 28 | | (a) The office of highway safety of the Rhode Island department of transportation or a 5 |
|---|
| 29 | 29 | | designee to be chosen by the department of transportation by January 1, 2017, is authorized to and 6 |
|---|
| 30 | 30 | | shall conduct a study of routine traffic stops by the Rhode Island state police and each municipal 7 |
|---|
| 31 | 31 | | police department in order to determine whether racial disparities in traffic stops exist, and to 8 |
|---|
| 32 | 32 | | examine whether searches of vehicles and motorists are being conducted in a disparate manner. 9 |
|---|
| 33 | 33 | | (b)(a) The office of highway safety of the Rhode Island department of transportation or its 10 |
|---|
| 34 | 34 | | designee shall, no later than January 1, 2016 January 1, 2024, develop a form or electronic 11 |
|---|
| 35 | 35 | | equivalent to be used by each police officer when making a traffic stop and/or search to record the 12 |
|---|
| 36 | 36 | | data required under this chapter, which form shall include for each motor vehicle stop and/or search, 13 |
|---|
| 37 | 37 | | the race and ethnicity of the driver based on the officer’s perception, and the information listed in 14 |
|---|
| 38 | 38 | | § 31-21.1-4. the following data: 15 |
|---|
| 39 | 39 | | (1) The date, time and general location of the traffic stop; 16 |
|---|
| 40 | 40 | | (2) The race and ethnicity, gender, and approximate age of the driver stopped; provided 17 |
|---|
| 41 | 41 | | that the identification of these characteristics shall be based on the observation and perception of 18 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC000422 - Page 2 of 10 |
|---|
| 45 | 45 | | the police officer making the stop and the information shall not be requested of the person stopped; 1 |
|---|
| 46 | 46 | | (3) The reason for the stop; 2 |
|---|
| 47 | 47 | | (4) Whether a search was instituted as a result of the stop; 3 |
|---|
| 48 | 48 | | (5) The scope of any search conducted; 4 |
|---|
| 49 | 49 | | (6) Whether the search was conducted pursuant to consent, probable cause, or reasonable 5 |
|---|
| 50 | 50 | | suspicion to suspect a crime; 6 |
|---|
| 51 | 51 | | (7) Whether any contraband, including money, was seized in the course of the search, and 7 |
|---|
| 52 | 52 | | if so, the nature of the contraband; 8 |
|---|
| 53 | 53 | | (8) Whether any warning or citation was issued as a result of the stop; 9 |
|---|
| 54 | 54 | | (9) Whether an arrest was made as a result of either the stop or the search; 10 |
|---|
| 55 | 55 | | (10) The approximate duration of the stop; and 11 |
|---|
| 56 | 56 | | (11) Whether the vehicle is registered in Rhode Island or out of the state. 12 |
|---|
| 57 | 57 | | (b) For those motor vehicle stops or searches where a citation was issued or an arrest was 13 |
|---|
| 58 | 58 | | made, the data collection form shall include a citation or arrest number. It shall also include the 14 |
|---|
| 59 | 59 | | name or badge number of the officer completing the form; provided, however, that the name and 15 |
|---|
| 60 | 60 | | the badge number of the officer shall not be public. 16 |
|---|
| 61 | 61 | | (c) The office of highway safety of the Rhode Island department of transportation or its 17 |
|---|
| 62 | 62 | | designee shall advise the Rhode Island state police and each municipal police department of the 18 |
|---|
| 63 | 63 | | date that data collection shall commence. Data collection shall begin not later than January 1, 2016 19 |
|---|
| 64 | 64 | | January 1, 2024, but may begin prior to that time upon notification to police departments from the 20 |
|---|
| 65 | 65 | | office of highway safety of the Rhode Island department of transportation or its designee. 21 |
|---|
| 66 | 66 | | (d) A traffic stop and search data collection card or electronic equivalent shall be completed 22 |
|---|
| 67 | 67 | | for each routine traffic stop and/or search by the Rhode Island state police and each municipal 23 |
|---|
| 68 | 68 | | police department during the term of this study. 24 |
|---|
| 69 | 69 | | (e) Upon commencement of data collection, and monthly thereafter, each municipal police 25 |
|---|
| 70 | 70 | | department and the Rhode Island state police shall transmit to the office of highway safety of the 26 |
|---|
| 71 | 71 | | Rhode Island department of transportation or its designee all forms or electronic data collected to 27 |
|---|
| 72 | 72 | | date of motorists who were stopped and/or searched, and any other information the police 28 |
|---|
| 73 | 73 | | department or the Rhode Island state police deem appropriate. Data collection shall continue for 29 |
|---|
| 74 | 74 | | forty-eight (48) months following commencement of data collection. 30 |
|---|
| 75 | 75 | | (f) Within ninety (90) days of the effective date of this section, each municipal department 31 |
|---|
| 76 | 76 | | and the Rhode Island state police shall transmit all traffic stop and search data collected between 32 |
|---|
| 77 | 77 | | July 1, 2021 and June 30, 2023 for analysis in the annual study required by § 31-21.2-10. 33 |
|---|
| 78 | 78 | | (f)(g) Appropriate funding may shall be made available to implement the provision 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | LC000422 - Page 3 of 10 |
|---|
| 82 | 82 | | provisions of this chapter and completion of this the annual study shall be contingent upon such 1 |
|---|
| 83 | 83 | | funding. Additional funding may be made available to the advisory committee established by § 31-2 |
|---|
| 84 | 84 | | 21.2-13 to assist police departments, community groups and others in training, research, and 3 |
|---|
| 85 | 85 | | community outreach to further the goals of this chapter. 4 |
|---|
| 86 | 86 | | (g) The study shall include a multivariate analysis of the collected data in accordance with 5 |
|---|
| 87 | 87 | | general statistical standards and shall be substantially similar to the study prepared pursuant to 6 |
|---|
| 88 | 88 | | chapter 21.1 of this title. The study shall be prepared by an organization, company, person, or other 7 |
|---|
| 89 | 89 | | entity with sufficient expertise in the field of statistics and the study of traffic stop data collection 8 |
|---|
| 90 | 90 | | to assist with the implementation of this chapter, and chosen by the office of highway safety of the 9 |
|---|
| 91 | 91 | | Rhode Island department of transportation or its designee. The study shall be released on an annual 10 |
|---|
| 92 | 92 | | basis, with the first release not later than eighteen (18) months after commencement of data 11 |
|---|
| 93 | 93 | | collection under this chapter. The report, findings, and conclusions submitted pursuant to this 12 |
|---|
| 94 | 94 | | subsection shall be a public record. 13 |
|---|
| 95 | 95 | | (h) The office of highway safety of the Rhode Island department of transportation, or its 14 |
|---|
| 96 | 96 | | designee, shall be exempt from the provisions of chapter 2 of title 37 in connection with its 15 |
|---|
| 97 | 97 | | procurement of equipment and services necessary to the implementation of this chapter. 16 |
|---|
| 98 | 98 | | (i) On a quarterly basis, a summary report of the monthly data provided by each police 17 |
|---|
| 99 | 99 | | department and the state police for that quarterly period shall be issued. The report shall be a public 18 |
|---|
| 100 | 100 | | record. The summary report shall include, at a minimum, a monthly breakdown by race, age, 19 |
|---|
| 101 | 101 | | gender, and outcome for operators for each police department of the number of traffic stops made 20 |
|---|
| 102 | 102 | | and of searches conducted. For those police departments collecting data through the use of mobile 21 |
|---|
| 103 | 103 | | display terminals in police vehicles, the report shall also include a breakdown by race and outcome 22 |
|---|
| 104 | 104 | | for operators. The report shall be released not more than ninety (90) days after the end of each 23 |
|---|
| 105 | 105 | | quarterly period. No information revealing the identity of any individual shall be contained in the 24 |
|---|
| 106 | 106 | | report. 25 |
|---|
| 107 | 107 | | (j) Every law enforcement agency collecting data pursuant to this chapter shall ensure that 26 |
|---|
| 108 | 108 | | supervisory personnel review each officer’s stop and search documentation and data results on a 27 |
|---|
| 109 | 109 | | monthly basis to ensure compliance with all policies, prohibitions, and documentation 28 |
|---|
| 110 | 110 | | requirements. 29 |
|---|
| 111 | 111 | | (k) The head of every law enforcement agency subject to this chapter, or his or her 30 |
|---|
| 112 | 112 | | designee, shall review the data on a regular basis in an effort to determine whether any racial 31 |
|---|
| 113 | 113 | | disparities in the agency’s traffic stops enforcement exists, and to appropriately respond to any such 32 |
|---|
| 114 | 114 | | disparities. It is understood that disparities may or may not equate to racial profiling. 33 |
|---|
| 115 | 115 | | (l) An organization chartered for the purpose of combating discrimination, racism, or of 34 |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | LC000422 - Page 4 of 10 |
|---|
| 119 | 119 | | safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, and/or a 1 |
|---|
| 120 | 120 | | governmental or quasi-governmental entity may seek appropriate relief in a civil action against any 2 |
|---|
| 121 | 121 | | police department for failing to collect or transmit the data required in this chapter, and may be 3 |
|---|
| 122 | 122 | | awarded its costs, including attorney’s fees, for bringing such an action. As a condition precedent 4 |
|---|
| 123 | 123 | | to the filing of a civil action by an organization under this section, the organization shall send a 5 |
|---|
| 124 | 124 | | notice to the office of highway safety of the Rhode Island department of transportation or its 6 |
|---|
| 125 | 125 | | designee identifying the police department which is failing to collect or transmit the data and the 7 |
|---|
| 126 | 126 | | organization shall then allow fifteen (15) days to elapse. 8 |
|---|
| 127 | 127 | | (m)(i) The office of highway safety of the Rhode Island department of transportation or its 9 |
|---|
| 128 | 128 | | designee shall consult with community, police and civil rights representatives the CCPRA advisory 10 |
|---|
| 129 | 129 | | committee in the development of the form required by subsection (b) and on at least a quarterly 11 |
|---|
| 130 | 130 | | basis shall consult on other issues that arise relating to the implementation and enforcement of this 12 |
|---|
| 131 | 131 | | chapter including the information generated by the issuance of the reports required by subsection 13 |
|---|
| 132 | 132 | | (i) this chapter. 14 |
|---|
| 133 | 133 | | 31-21.2-7. Data collection and use Data use and enforcement. 15 |
|---|
| 134 | 134 | | (a) Data acquired under this chapter shall not be used in any civil proceeding to establish 16 |
|---|
| 135 | 135 | | or rebut an inference of discrimination except by court order or when otherwise admissible in 17 |
|---|
| 136 | 136 | | accordance with rules of civil procedure. It is understood that disparities may or may not equate to 18 |
|---|
| 137 | 137 | | racial profiling. 19 |
|---|
| 138 | 138 | | (b) All data collected and the reports and studies compiled pursuant to this chapter shall be 20 |
|---|
| 139 | 139 | | public, except information identifying any specific law enforcement officer. For those motor 21 |
|---|
| 140 | 140 | | vehicle stops where a citation was issued or an arrest was made, the forms prepared pursuant to § 22 |
|---|
| 141 | 141 | | 31-21.2-6(b) of this chapter shall include a citation or arrest number for reference. The data 23 |
|---|
| 142 | 142 | | collection form shall not include the name or badge number of the officer completing the form. The 24 |
|---|
| 143 | 143 | | report from the department of transportation or its designee shall not be officer specific. 25 |
|---|
| 144 | 144 | | (b)(c) Any police officer who in good faith records traffic stop or search information 26 |
|---|
| 145 | 145 | | pursuant to the requirements of this chapter shall not be held civilly liable for the act of recording 27 |
|---|
| 146 | 146 | | the information unless the officer’s conduct was reckless. 28 |
|---|
| 147 | 147 | | (c)(d) All police departments shall submit to the office of highway safety of the department 29 |
|---|
| 148 | 148 | | of transportation, or its designee, on an annual basis beginning on July 15, 2016, and for four (4) 30 |
|---|
| 149 | 149 | | years following the conclusion of data collection, a report indicating what action, if any, has been 31 |
|---|
| 150 | 150 | | taken, to address any racial disparities in traffic stops and/or searches documented in the studies 32 |
|---|
| 151 | 151 | | authorized by §§ 31-21.1-4 and 31-21.2-6, and to otherwise implement any recommendations of 33 |
|---|
| 152 | 152 | | those studies, including, but not limited to, any changes to agency policies; revisions to traffic 34 |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | |
|---|
| 155 | 155 | | LC000422 - Page 5 of 10 |
|---|
| 156 | 156 | | enforcement practices; detailed analysis and review of traffic stop data and the results of such 1 |
|---|
| 157 | 157 | | review; or the initiation of any disciplinary action. Any reference to disciplinary action shall not 2 |
|---|
| 158 | 158 | | identify the officer. The office of highway safety of the department of transportation or its designee, 3 |
|---|
| 159 | 159 | | in consultation with the CCPRA advisory committee, shall issue guidelines for police departments 4 |
|---|
| 160 | 160 | | to follow in preparing these reports the annual reports required by § 31-21.2-12, including 5 |
|---|
| 161 | 161 | | establishing a form for the certification of compliance to be verified under oath. The reports shall 6 |
|---|
| 162 | 162 | | be public records and shall contain a certification that the department has complied with § 31-21.2-7 |
|---|
| 163 | 163 | | 6(j) and (k). 8 |
|---|
| 164 | 164 | | (d) Every twelve (12) months, each state and municipal law enforcement agency shall 9 |
|---|
| 165 | 165 | | submit to the office of highway safety of the Rhode Island department of transportation, or its 10 |
|---|
| 166 | 166 | | designee, on a brief form prepared by that office, or its designee, information summarizing what, 11 |
|---|
| 167 | 167 | | if any, actions were taken by the agency in response to any racial disparities documented in the 12 |
|---|
| 168 | 168 | | previous reports issued pursuant to § 31-21.2-6(i). The summary shall include, but not be limited 13 |
|---|
| 169 | 169 | | to: any changes to agency policies; revisions to traffic enforcement practices; detailed analysis and 14 |
|---|
| 170 | 170 | | review of traffic stop data and the results of such review; or the initiation of any disciplinary action. 15 |
|---|
| 171 | 171 | | Any references to disciplinary action shall not identify the officer. The forms shall be public 16 |
|---|
| 172 | 172 | | records, and shall contain a certification that the department has complied with § 31-21.2-6(j) and 17 |
|---|
| 173 | 173 | | (k). 18 |
|---|
| 174 | 174 | | (e) An organization chartered for the purpose of combating discrimination, racism, or of 19 |
|---|
| 175 | 175 | | safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, and/or a 20 |
|---|
| 176 | 176 | | governmental or quasi-governmental entity may seek appropriate relief in a civil action against any 21 |
|---|
| 177 | 177 | | police department for failing to collect or transmit the data required in this chapter, or for failing to 22 |
|---|
| 178 | 178 | | comply with the other requirements of this chapter, and may be awarded its costs, including 23 |
|---|
| 179 | 179 | | attorney's fees, for bringing such an action. As a condition precedent to the filing of a civil action 24 |
|---|
| 180 | 180 | | by an organization under this section, the organization shall send a notice to the office of highway 25 |
|---|
| 181 | 181 | | safety of the Rhode Island department of transportation or its designee identifying the police 26 |
|---|
| 182 | 182 | | department which is failing to collect or transmit the data and the organization shall then allow 27 |
|---|
| 183 | 183 | | fifteen (15) days to elapse before filing a civil action. 28 |
|---|
| 184 | 184 | | SECTION 2. Chapter 31-21.2 of the General Laws entitled "Comprehensive Community-29 |
|---|
| 185 | 185 | | Police Relationship Act of 2015" is hereby amended by adding thereto the following sections: 30 |
|---|
| 186 | 186 | | 31-21.2-9. Quarterly data reports by office of highway safety. 31 |
|---|
| 187 | 187 | | (a) On a quarterly basis, a summary report of the monthly data provided by each police 32 |
|---|
| 188 | 188 | | department and the state police for that quarterly period shall be issued by the office of highway 33 |
|---|
| 189 | 189 | | safety of the Rhode Island department of transportation or its designee. The summary report shall 34 |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | LC000422 - Page 6 of 10 |
|---|
| 193 | 193 | | include, at a minimum, a monthly breakdown by race, age, gender, and outcome for operators for 1 |
|---|
| 194 | 194 | | each police department of the number of traffic stops made and of searches conducted. For those 2 |
|---|
| 195 | 195 | | police departments collecting data through the use of mobile display terminals in police vehicles, 3 |
|---|
| 196 | 196 | | the report shall also include a breakdown by race and outcome for operators. 4 |
|---|
| 197 | 197 | | (b) The report shall be released not more than ninety (90) days after the end of each 5 |
|---|
| 198 | 198 | | quarterly period. No information revealing the identity of any individual shall be contained in the 6 |
|---|
| 199 | 199 | | report. 7 |
|---|
| 200 | 200 | | 31-21.2-10. Annual study and data interface by office of highway safety. 8 |
|---|
| 201 | 201 | | (a) The office of highway safety of the Rhode Island department of transportation or a 9 |
|---|
| 202 | 202 | | designee to be chosen by the department of transportation shall, with input from the CCPRA 10 |
|---|
| 203 | 203 | | advisory committee, select an organization, company, person, or other entity with sufficient 11 |
|---|
| 204 | 204 | | expertise in the field of statistics, and expertise in the study of traffic stop and search data collection 12 |
|---|
| 205 | 205 | | and/or the study of data related to racial disparities to conduct an annual study. 13 |
|---|
| 206 | 206 | | (b) The study shall compile and examine data of routine traffic stops made and searches 14 |
|---|
| 207 | 207 | | conducted by the Rhode Island state police and each municipal police department in order to 15 |
|---|
| 208 | 208 | | determine whether racial disparities in traffic stops and searches exist, and to further examine 16 |
|---|
| 209 | 209 | | whether searches of vehicles and motorists are being conducted in a racially disparate manner. The 17 |
|---|
| 210 | 210 | | study shall include a multivariate analysis of the collected data in accordance with general statistical 18 |
|---|
| 211 | 211 | | standards, and may include an analysis of data at and above the eighty-five percent (85%) 19 |
|---|
| 212 | 212 | | confidence level. The study shall be substantially similar to the study prepared pursuant to chapter 20 |
|---|
| 213 | 213 | | 21.1 of title 31, and may include a multi-year data analysis. The annual study shall not identify 21 |
|---|
| 214 | 214 | | specific officers. 22 |
|---|
| 215 | 215 | | (c) Appropriate funding shall be made available to implement the provisions of this chapter 23 |
|---|
| 216 | 216 | | and completion of the annual study shall be contingent upon such funding. 24 |
|---|
| 217 | 217 | | (d) On an annual basis, the office of highway safety of the Rhode Island department of 25 |
|---|
| 218 | 218 | | transportation or its designee shall present all data submitted in accordance with § 31-21.2-6 in an 26 |
|---|
| 219 | 219 | | online interface designed to enhance public interaction with the data. In providing a visual 27 |
|---|
| 220 | 220 | | presentation of the data, the interface shall allow for user-generated analysis of the stop and search 28 |
|---|
| 221 | 221 | | data points required to be collected pursuant to this chapter. The interface shall generate analyses 29 |
|---|
| 222 | 222 | | of the data such that the public may view the data by race or ethnicity in conjunction with any of 30 |
|---|
| 223 | 223 | | the data points collected, and shall allow users to view the data statewide and for individual 31 |
|---|
| 224 | 224 | | municipal law enforcement agencies both cumulatively and by year. Within one year of the 32 |
|---|
| 225 | 225 | | effective date of this section, the interface shall include all the annual data collected since the 33 |
|---|
| 226 | 226 | | effective date of this chapter. 34 |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | |
|---|
| 229 | 229 | | LC000422 - Page 7 of 10 |
|---|
| 230 | 230 | | 31-21.2-11. Monthly review. 1 |
|---|
| 231 | 231 | | (a) The head of every law enforcement agency collecting data pursuant to this chapter shall 2 |
|---|
| 232 | 232 | | regularly review the agency-wide data in an effort to determine whether any racial disparities in 3 |
|---|
| 233 | 233 | | the agency's traffic stops or searches exist, and to appropriately respond to any such disparities. 4 |
|---|
| 234 | 234 | | (b) The head of every law enforcement agency shall ensure that supervisory personnel have 5 |
|---|
| 235 | 235 | | conducted monthly verifications of each officer's stop and search documentation and officer 6 |
|---|
| 236 | 236 | | specific data results to verify compliance, or document any noncompliance, with all policies, 7 |
|---|
| 237 | 237 | | prohibitions, and documentation requirements. Such monthly verifications shall include whether a 8 |
|---|
| 238 | 238 | | review of an officer’s stop and search documentation and data results indicate the presence of racial 9 |
|---|
| 239 | 239 | | disparities. 10 |
|---|
| 240 | 240 | | 31-21.2-12. Annual report by law enforcement agency heads. 11 |
|---|
| 241 | 241 | | (a) The head of every law enforcement agency shall submit a traffic stop and search report 12 |
|---|
| 242 | 242 | | which includes the information in § 31-21.2-11 to the office of highway safety of the department 13 |
|---|
| 243 | 243 | | of transportation, or its designee, and to the CCPRA advisory committee on an annual basis 14 |
|---|
| 244 | 244 | | beginning on July 1, 2024. 15 |
|---|
| 245 | 245 | | (b) The head of the agency shall submit as part of each annual report, a certification of 16 |
|---|
| 246 | 246 | | compliance with this section, documentation of monthly verifications, and a summary of any racial 17 |
|---|
| 247 | 247 | | disparities found through the review. 18 |
|---|
| 248 | 248 | | (c) Additionally, the annual report shall indicate what action, if any, has been taken, to 19 |
|---|
| 249 | 249 | | address any racial disparities in traffic stops and/or searches documented in each department’s 20 |
|---|
| 250 | 250 | | ongoing data collection and, in the study authorized by § 31-21.2-10, and to otherwise implement 21 |
|---|
| 251 | 251 | | any recommendations of the data collection and/or traffic studies, including, but not limited to: 22 |
|---|
| 252 | 252 | | (1) Any changes to agency policies; 23 |
|---|
| 253 | 253 | | (2) Revisions to traffic enforcement practices; 24 |
|---|
| 254 | 254 | | (3) Detailed analysis and review of traffic stop data and the results of such review; 25 |
|---|
| 255 | 255 | | (4) Steps taken to present the data and recommendations to the community; 26 |
|---|
| 256 | 256 | | (5) The initiation of any disciplinary action; and 27 |
|---|
| 257 | 257 | | (6) Where no remedial action has been taken in response to documented racial disparities, 28 |
|---|
| 258 | 258 | | an explanation for the department’s inaction. 29 |
|---|
| 259 | 259 | | (d) The annual report, including any reference to disciplinary action, shall not identify 30 |
|---|
| 260 | 260 | | specific officers. 31 |
|---|
| 261 | 261 | | 31-21.2-13. Advisory committee -- Establishment -- Duties. 32 |
|---|
| 262 | 262 | | (a) The CCPRA advisory committee is hereby established. The advisory committee shall 33 |
|---|
| 263 | 263 | | consist of twelve (12) members: 34 |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | LC000422 - Page 8 of 10 |
|---|
| 267 | 267 | | (1) One of whom shall be appointed by the governor; 1 |
|---|
| 268 | 268 | | (2) One of whom shall be appointed by the senate president; 2 |
|---|
| 269 | 269 | | (3) One of whom shall be appointed by the speaker of the house; 3 |
|---|
| 270 | 270 | | (4) One of whom shall be the attorney general, or designee; 4 |
|---|
| 271 | 271 | | (5) One of whom shall be the public defender, or designee; 5 |
|---|
| 272 | 272 | | (6) One of whom shall be the director of the department of public safety, or designee; 6 |
|---|
| 273 | 273 | | (7) One of whom shall be the executive director of the Rhode Island Police Chiefs 7 |
|---|
| 274 | 274 | | Association, or designee; 8 |
|---|
| 275 | 275 | | (8) One of whom shall be the executive director of the Rhode Island commission for human 9 |
|---|
| 276 | 276 | | rights, or designee; 10 |
|---|
| 277 | 277 | | (9) One of whom shall be the executive director of Rhode Island for Community & Justice, 11 |
|---|
| 278 | 278 | | or designee or other organization chartered for the purpose of combating discrimination, racism or 12 |
|---|
| 279 | 279 | | of safeguarding civil liberties; 13 |
|---|
| 280 | 280 | | (10) One of whom shall be the president of the NAACP Providence branch, or designee; 14 |
|---|
| 281 | 281 | | (11) Two (2) of whom shall be community members. 15 |
|---|
| 282 | 282 | | (b) The members of the advisory committee shall be appointed for terms of three (3) years; 16 |
|---|
| 283 | 283 | | provided, however that, with regard to the initial appointments, four (4) members shall be appointed 17 |
|---|
| 284 | 284 | | for terms of one year; four (4) members shall be appointed for a term of two (2) years; and four (4) 18 |
|---|
| 285 | 285 | | members shall be appointed for a term of three (3) years. Members may be reappointed, and their 19 |
|---|
| 286 | 286 | | appointments shall continue until their successors are appointed. A vacancy other than by 20 |
|---|
| 287 | 287 | | expiration shall be filled in the manner of the original appointment, but only for the unexpired 21 |
|---|
| 288 | 288 | | portion of the term. 22 |
|---|
| 289 | 289 | | (c) The members of the advisory committee shall receive no compensation. 23 |
|---|
| 290 | 290 | | (d) The governor’s appointee shall be the chairperson; a vice-chairperson and secretary 24 |
|---|
| 291 | 291 | | shall be elected by the advisory committee members annually. All officers of the advisory 25 |
|---|
| 292 | 292 | | committee shall serve until their successors have been duly appointed or elected. 26 |
|---|
| 293 | 293 | | (e) The advisory committee shall meet at least quarterly and at the call of the chairperson 27 |
|---|
| 294 | 294 | | of the committee. 28 |
|---|
| 295 | 295 | | (f) The advisory committee shall have the following purposes and duties: 29 |
|---|
| 296 | 296 | | (1) Advise the office of highway safety of the department of transportation or designee on 30 |
|---|
| 297 | 297 | | all matters pertaining to the duties and powers of the committee, including evaluating and making 31 |
|---|
| 298 | 298 | | recommendations regarding plans, programs, and strategies relating to the CCPRA; 32 |
|---|
| 299 | 299 | | (2) Provide input to the office of highway safety of the department of transportation or 33 |
|---|
| 300 | 300 | | designee to choose an organization, company, person or entity to conduct an annual traffic stop and 34 |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | |
|---|
| 303 | 303 | | LC000422 - Page 9 of 10 |
|---|
| 304 | 304 | | search study; 1 |
|---|
| 305 | 305 | | (3) Advise the study consultant on the recommended design of each study; 2 |
|---|
| 306 | 306 | | (4) Consult with the office of highway safety of the department of transportation or 3 |
|---|
| 307 | 307 | | designee on guidelines for police departments to follow in preparing the reports required pursuant 4 |
|---|
| 308 | 308 | | to § 31-21.2-7(d); 5 |
|---|
| 309 | 309 | | (5) Receive, review and discuss each CCPRA study; 6 |
|---|
| 310 | 310 | | (6) Receive, review and discuss each law enforcement agency’s annual report required 7 |
|---|
| 311 | 311 | | pursuant to § 31-21.2-12(a); 8 |
|---|
| 312 | 312 | | (7) Consult with the CAD/RMS board of advisors, as established in § 42-28.10-2; 9 |
|---|
| 313 | 313 | | (8) Recommend appropriate assessments for the studies; 10 |
|---|
| 314 | 314 | | (9) Recommend policies for stops, searches and seizures; 11 |
|---|
| 315 | 315 | | (10) Recommend appropriate enforcement mechanisms to address any study results; and 12 |
|---|
| 316 | 316 | | (11) Promote the involvement and investment of the public in CCPRA research, the annual 13 |
|---|
| 317 | 317 | | studies, and the work of the CCPRA advisory committee. 14 |
|---|
| 318 | 318 | | (g) The office of highway safety of the department of transportation, or designee, in 15 |
|---|
| 319 | 319 | | conjunction with the department of administration, shall provide space and secretarial services to 16 |
|---|
| 320 | 320 | | the advisory committee without charge to the committee. 17 |
|---|
| 321 | 321 | | SECTION 3. This act shall take effect upon passage. 18 |
|---|
| 322 | 322 | | ======== |
|---|
| 323 | 323 | | LC000422 |
|---|
| 324 | 324 | | ======== |
|---|
| 325 | 325 | | |
|---|
| 326 | 326 | | |
|---|
| 327 | 327 | | LC000422 - Page 10 of 10 |
|---|
| 328 | 328 | | EXPLANATION |
|---|
| 329 | 329 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 330 | 330 | | OF |
|---|
| 331 | 331 | | A N A C T |
|---|
| 332 | 332 | | RELATING TO MOTOR AN D OTHER VEHICLES -- COMPREHENSIVE COMMUN ITY-- |
|---|
| 333 | 333 | | POLICE RELATIONSHIP ACT OF 2015 |
|---|
| 334 | 334 | | *** |
|---|
| 335 | 335 | | This act would amend the comprehensive community-police relationship act of 2015 to 1 |
|---|
| 336 | 336 | | require an annual study by an outside agency chosen by the department with input from the CCPRA 2 |
|---|
| 337 | 337 | | advisory committee on traffic stop and search data related to racial disparities and would require a 3 |
|---|
| 338 | 338 | | monthly review and annual reporting by law enforcement agencies statewide on the traffic stop and 4 |
|---|
| 339 | 339 | | search data. The act would also create a twelve (12) member CCPRA advisory committee to advise 5 |
|---|
| 340 | 340 | | the office of highway safety on all matters pertaining to the committee's duties relating to stop and 6 |
|---|
| 341 | 341 | | search data. 7 |
|---|
| 342 | 342 | | This act would take effect upon passage. 8 |
|---|
| 343 | 343 | | ======== |
|---|
| 344 | 344 | | LC000422 |
|---|
| 345 | 345 | | ======== |
|---|
| 346 | 346 | | |
|---|