2023 -- S 0368
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LC000422
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- COMPREHENSIVE COMMUN ITY--
POLICE RELATIONSHIP ACT OF 2015
Introduced By: Senators Quezada, Cano, Euer, DiMario, Acosta, Britto, Lawson,
Valverde, Bell, and McKenney
Date Introduced: February 16, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-21.2-6 and 31-21.2-7 of the General Laws in Chapter 31-21.2 1
entitled "Comprehensive Community-Police Relationship Act of 2015" are hereby amended to read 2
as follows: 3
31-21.2-6. Continued data collection. Data collection. 4
(a) The office of highway safety of the Rhode Island department of transportation or a 5
designee to be chosen by the department of transportation by January 1, 2017, is authorized to and 6
shall conduct a study of routine traffic stops by the Rhode Island state police and each municipal 7
police department in order to determine whether racial disparities in traffic stops exist, and to 8
examine whether searches of vehicles and motorists are being conducted in a disparate manner. 9
(b)(a) The office of highway safety of the Rhode Island department of transportation or its 10
designee shall, no later than January 1, 2016 January 1, 2024, develop a form or electronic 11
equivalent to be used by each police officer when making a traffic stop and/or search to record the 12
data required under this chapter, which form shall include for each motor vehicle stop and/or search, 13
the race and ethnicity of the driver based on the officer’s perception, and the information listed in 14
§ 31-21.1-4. the following data: 15
(1) The date, time and general location of the traffic stop; 16
(2) The race and ethnicity, gender, and approximate age of the driver stopped; provided 17
that the identification of these characteristics shall be based on the observation and perception of 18
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the police officer making the stop and the information shall not be requested of the person stopped; 1
(3) The reason for the stop; 2
(4) Whether a search was instituted as a result of the stop; 3
(5) The scope of any search conducted; 4
(6) Whether the search was conducted pursuant to consent, probable cause, or reasonable 5
suspicion to suspect a crime; 6
(7) Whether any contraband, including money, was seized in the course of the search, and 7
if so, the nature of the contraband; 8
(8) Whether any warning or citation was issued as a result of the stop; 9
(9) Whether an arrest was made as a result of either the stop or the search; 10
(10) The approximate duration of the stop; and 11
(11) Whether the vehicle is registered in Rhode Island or out of the state. 12
(b) For those motor vehicle stops or searches where a citation was issued or an arrest was 13
made, the data collection form shall include a citation or arrest number. It shall also include the 14
name or badge number of the officer completing the form; provided, however, that the name and 15
the badge number of the officer shall not be public. 16
(c) The office of highway safety of the Rhode Island department of transportation or its 17
designee shall advise the Rhode Island state police and each municipal police department of the 18
date that data collection shall commence. Data collection shall begin not later than January 1, 2016 19
January 1, 2024, but may begin prior to that time upon notification to police departments from the 20
office of highway safety of the Rhode Island department of transportation or its designee. 21
(d) A traffic stop and search data collection card or electronic equivalent shall be completed 22
for each routine traffic stop and/or search by the Rhode Island state police and each municipal 23
police department during the term of this study. 24
(e) Upon commencement of data collection, and monthly thereafter, each municipal police 25
department and the Rhode Island state police shall transmit to the office of highway safety of the 26
Rhode Island department of transportation or its designee all forms or electronic data collected to 27
date of motorists who were stopped and/or searched, and any other information the police 28
department or the Rhode Island state police deem appropriate. Data collection shall continue for 29
forty-eight (48) months following commencement of data collection. 30
(f) Within ninety (90) days of the effective date of this section, each municipal department 31
and the Rhode Island state police shall transmit all traffic stop and search data collected between 32
July 1, 2021 and June 30, 2023 for analysis in the annual study required by § 31-21.2-10. 33
(f)(g) Appropriate funding may shall be made available to implement the provision 34
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provisions of this chapter and completion of this the annual study shall be contingent upon such 1
funding. Additional funding may be made available to the advisory committee established by § 31-2
21.2-13 to assist police departments, community groups and others in training, research, and 3
community outreach to further the goals of this chapter. 4
(g) The study shall include a multivariate analysis of the collected data in accordance with 5
general statistical standards and shall be substantially similar to the study prepared pursuant to 6
chapter 21.1 of this title. The study shall be prepared by an organization, company, person, or other 7
entity with sufficient expertise in the field of statistics and the study of traffic stop data collection 8
to assist with the implementation of this chapter, and chosen by the office of highway safety of the 9
Rhode Island department of transportation or its designee. The study shall be released on an annual 10
basis, with the first release not later than eighteen (18) months after commencement of data 11
collection under this chapter. The report, findings, and conclusions submitted pursuant to this 12
subsection shall be a public record. 13
(h) The office of highway safety of the Rhode Island department of transportation, or its 14
designee, shall be exempt from the provisions of chapter 2 of title 37 in connection with its 15
procurement of equipment and services necessary to the implementation of this chapter. 16
(i) On a quarterly basis, a summary report of the monthly data provided by each police 17
department and the state police for that quarterly period shall be issued. The report shall be a public 18
record. The summary report shall include, at a minimum, a monthly breakdown by race, age, 19
gender, and outcome for operators for each police department of the number of traffic stops made 20
and of searches conducted. For those police departments collecting data through the use of mobile 21
display terminals in police vehicles, the report shall also include a breakdown by race and outcome 22
for operators. The report shall be released not more than ninety (90) days after the end of each 23
quarterly period. No information revealing the identity of any individual shall be contained in the 24
report. 25
(j) Every law enforcement agency collecting data pursuant to this chapter shall ensure that 26
supervisory personnel review each officer’s stop and search documentation and data results on a 27
monthly basis to ensure compliance with all policies, prohibitions, and documentation 28
requirements. 29
(k) The head of every law enforcement agency subject to this chapter, or his or her 30
designee, shall review the data on a regular basis in an effort to determine whether any racial 31
disparities in the agency’s traffic stops enforcement exists, and to appropriately respond to any such 32
disparities. It is understood that disparities may or may not equate to racial profiling. 33
(l) An organization chartered for the purpose of combating discrimination, racism, or of 34
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safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, and/or a 1
governmental or quasi-governmental entity may seek appropriate relief in a civil action against any 2
police department for failing to collect or transmit the data required in this chapter, and may be 3
awarded its costs, including attorney’s fees, for bringing such an action. As a condition precedent 4
to the filing of a civil action by an organization under this section, the organization shall send a 5
notice to the office of highway safety of the Rhode Island department of transportation or its 6
designee identifying the police department which is failing to collect or transmit the data and the 7
organization shall then allow fifteen (15) days to elapse. 8
(m)(i) The office of highway safety of the Rhode Island department of transportation or its 9
designee shall consult with community, police and civil rights representatives the CCPRA advisory 10
committee in the development of the form required by subsection (b) and on at least a quarterly 11
basis shall consult on other issues that arise relating to the implementation and enforcement of this 12
chapter including the information generated by the issuance of the reports required by subsection 13
(i) this chapter. 14
31-21.2-7. Data collection and use Data use and enforcement. 15
(a) Data acquired under this chapter shall not be used in any civil proceeding to establish 16
or rebut an inference of discrimination except by court order or when otherwise admissible in 17
accordance with rules of civil procedure. It is understood that disparities may or may not equate to 18
racial profiling. 19
(b) All data collected and the reports and studies compiled pursuant to this chapter shall be 20
public, except information identifying any specific law enforcement officer. For those motor 21
vehicle stops where a citation was issued or an arrest was made, the forms prepared pursuant to § 22
31-21.2-6(b) of this chapter shall include a citation or arrest number for reference. The data 23
collection form shall not include the name or badge number of the officer completing the form. The 24
report from the department of transportation or its designee shall not be officer specific. 25
(b)(c) Any police officer who in good faith records traffic stop or search information 26
pursuant to the requirements of this chapter shall not be held civilly liable for the act of recording 27
the information unless the officer’s conduct was reckless. 28
(c)(d) All police departments shall submit to the office of highway safety of the department 29
of transportation, or its designee, on an annual basis beginning on July 15, 2016, and for four (4) 30
years following the conclusion of data collection, a report indicating what action, if any, has been 31
taken, to address any racial disparities in traffic stops and/or searches documented in the studies 32
authorized by §§ 31-21.1-4 and 31-21.2-6, and to otherwise implement any recommendations of 33
those studies, including, but not limited to, any changes to agency policies; revisions to traffic 34
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enforcement practices; detailed analysis and review of traffic stop data and the results of such 1
review; or the initiation of any disciplinary action. Any reference to disciplinary action shall not 2
identify the officer. The office of highway safety of the department of transportation or its designee, 3
in consultation with the CCPRA advisory committee, shall issue guidelines for police departments 4
to follow in preparing these reports the annual reports required by § 31-21.2-12, including 5
establishing a form for the certification of compliance to be verified under oath. The reports shall 6
be public records and shall contain a certification that the department has complied with § 31-21.2-7
6(j) and (k). 8
(d) Every twelve (12) months, each state and municipal law enforcement agency shall 9
submit to the office of highway safety of the Rhode Island department of transportation, or its 10
designee, on a brief form prepared by that office, or its designee, information summarizing what, 11
if any, actions were taken by the agency in response to any racial disparities documented in the 12
previous reports issued pursuant to § 31-21.2-6(i). The summary shall include, but not be limited 13
to: any changes to agency policies; revisions to traffic enforcement practices; detailed analysis and 14
review of traffic stop data and the results of such review; or the initiation of any disciplinary action. 15
Any references to disciplinary action shall not identify the officer. The forms shall be public 16
records, and shall contain a certification that the department has complied with § 31-21.2-6(j) and 17
(k). 18
(e) An organization chartered for the purpose of combating discrimination, racism, or of 19
safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, and/or a 20
governmental or quasi-governmental entity may seek appropriate relief in a civil action against any 21
police department for failing to collect or transmit the data required in this chapter, or for failing to 22
comply with the other requirements of this chapter, and may be awarded its costs, including 23
attorney's fees, for bringing such an action. As a condition precedent to the filing of a civil action 24
by an organization under this section, the organization shall send a notice to the office of highway 25
safety of the Rhode Island department of transportation or its designee identifying the police 26
department which is failing to collect or transmit the data and the organization shall then allow 27
fifteen (15) days to elapse before filing a civil action. 28
SECTION 2. Chapter 31-21.2 of the General Laws entitled "Comprehensive Community-29
Police Relationship Act of 2015" is hereby amended by adding thereto the following sections: 30
31-21.2-9. Quarterly data reports by office of highway safety. 31
(a) On a quarterly basis, a summary report of the monthly data provided by each police 32
department and the state police for that quarterly period shall be issued by the office of highway 33
safety of the Rhode Island department of transportation or its designee. The summary report shall 34
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include, at a minimum, a monthly breakdown by race, age, gender, and outcome for operators for 1
each police department of the number of traffic stops made and of searches conducted. For those 2
police departments collecting data through the use of mobile display terminals in police vehicles, 3
the report shall also include a breakdown by race and outcome for operators. 4
(b) The report shall be released not more than ninety (90) days after the end of each 5
quarterly period. No information revealing the identity of any individual shall be contained in the 6
report. 7
31-21.2-10. Annual study and data interface by office of highway safety. 8
(a) The office of highway safety of the Rhode Island department of transportation or a 9
designee to be chosen by the department of transportation shall, with input from the CCPRA 10
advisory committee, select an organization, company, person, or other entity with sufficient 11
expertise in the field of statistics, and expertise in the study of traffic stop and search data collection 12
and/or the study of data related to racial disparities to conduct an annual study. 13
(b) The study shall compile and examine data of routine traffic stops made and searches 14
conducted by the Rhode Island state police and each municipal police department in order to 15
determine whether racial disparities in traffic stops and searches exist, and to further examine 16
whether searches of vehicles and motorists are being conducted in a racially disparate manner. The 17
study shall include a multivariate analysis of the collected data in accordance with general statistical 18
standards, and may include an analysis of data at and above the eighty-five percent (85%) 19
confidence level. The study shall be substantially similar to the study prepared pursuant to chapter 20
21.1 of title 31, and may include a multi-year data analysis. The annual study shall not identify 21
specific officers. 22
(c) Appropriate funding shall be made available to implement the provisions of this chapter 23
and completion of the annual study shall be contingent upon such funding. 24
(d) On an annual basis, the office of highway safety of the Rhode Island department of 25
transportation or its designee shall present all data submitted in accordance with § 31-21.2-6 in an 26
online interface designed to enhance public interaction with the data. In providing a visual 27
presentation of the data, the interface shall allow for user-generated analysis of the stop and search 28
data points required to be collected pursuant to this chapter. The interface shall generate analyses 29
of the data such that the public may view the data by race or ethnicity in conjunction with any of 30
the data points collected, and shall allow users to view the data statewide and for individual 31
municipal law enforcement agencies both cumulatively and by year. Within one year of the 32
effective date of this section, the interface shall include all the annual data collected since the 33
effective date of this chapter. 34
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31-21.2-11. Monthly review. 1
(a) The head of every law enforcement agency collecting data pursuant to this chapter shall 2
regularly review the agency-wide data in an effort to determine whether any racial disparities in 3
the agency's traffic stops or searches exist, and to appropriately respond to any such disparities. 4
(b) The head of every law enforcement agency shall ensure that supervisory personnel have 5
conducted monthly verifications of each officer's stop and search documentation and officer 6
specific data results to verify compliance, or document any noncompliance, with all policies, 7
prohibitions, and documentation requirements. Such monthly verifications shall include whether a 8
review of an officer’s stop and search documentation and data results indicate the presence of racial 9
disparities. 10
31-21.2-12. Annual report by law enforcement agency heads. 11
(a) The head of every law enforcement agency shall submit a traffic stop and search report 12
which includes the information in § 31-21.2-11 to the office of highway safety of the department 13
of transportation, or its designee, and to the CCPRA advisory committee on an annual basis 14
beginning on July 1, 2024. 15
(b) The head of the agency shall submit as part of each annual report, a certification of 16
compliance with this section, documentation of monthly verifications, and a summary of any racial 17
disparities found through the review. 18
(c) Additionally, the annual report shall indicate what action, if any, has been taken, to 19
address any racial disparities in traffic stops and/or searches documented in each department’s 20
ongoing data collection and, in the study authorized by § 31-21.2-10, and to otherwise implement 21
any recommendations of the data collection and/or traffic studies, including, but not limited to: 22
(1) Any changes to agency policies; 23
(2) Revisions to traffic enforcement practices; 24
(3) Detailed analysis and review of traffic stop data and the results of such review; 25
(4) Steps taken to present the data and recommendations to the community; 26
(5) The initiation of any disciplinary action; and 27
(6) Where no remedial action has been taken in response to documented racial disparities, 28
an explanation for the department’s inaction. 29
(d) The annual report, including any reference to disciplinary action, shall not identify 30
specific officers. 31
31-21.2-13. Advisory committee -- Establishment -- Duties. 32
(a) The CCPRA advisory committee is hereby established. The advisory committee shall 33
consist of twelve (12) members: 34
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(1) One of whom shall be appointed by the governor; 1
(2) One of whom shall be appointed by the senate president; 2
(3) One of whom shall be appointed by the speaker of the house; 3
(4) One of whom shall be the attorney general, or designee; 4
(5) One of whom shall be the public defender, or designee; 5
(6) One of whom shall be the director of the department of public safety, or designee; 6
(7) One of whom shall be the executive director of the Rhode Island Police Chiefs 7
Association, or designee; 8
(8) One of whom shall be the executive director of the Rhode Island commission for human 9
rights, or designee; 10
(9) One of whom shall be the executive director of Rhode Island for Community & Justice, 11
or designee or other organization chartered for the purpose of combating discrimination, racism or 12
of safeguarding civil liberties; 13
(10) One of whom shall be the president of the NAACP Providence branch, or designee; 14
(11) Two (2) of whom shall be community members. 15
(b) The members of the advisory committee shall be appointed for terms of three (3) years; 16
provided, however that, with regard to the initial appointments, four (4) members shall be appointed 17
for terms of one year; four (4) members shall be appointed for a term of two (2) years; and four (4) 18
members shall be appointed for a term of three (3) years. Members may be reappointed, and their 19
appointments shall continue until their successors are appointed. A vacancy other than by 20
expiration shall be filled in the manner of the original appointment, but only for the unexpired 21
portion of the term. 22
(c) The members of the advisory committee shall receive no compensation. 23
(d) The governor’s appointee shall be the chairperson; a vice-chairperson and secretary 24
shall be elected by the advisory committee members annually. All officers of the advisory 25
committee shall serve until their successors have been duly appointed or elected. 26
(e) The advisory committee shall meet at least quarterly and at the call of the chairperson 27
of the committee. 28
(f) The advisory committee shall have the following purposes and duties: 29
(1) Advise the office of highway safety of the department of transportation or designee on 30
all matters pertaining to the duties and powers of the committee, including evaluating and making 31
recommendations regarding plans, programs, and strategies relating to the CCPRA; 32
(2) Provide input to the office of highway safety of the department of transportation or 33
designee to choose an organization, company, person or entity to conduct an annual traffic stop and 34
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search study; 1
(3) Advise the study consultant on the recommended design of each study; 2
(4) Consult with the office of highway safety of the department of transportation or 3
designee on guidelines for police departments to follow in preparing the reports required pursuant 4
to § 31-21.2-7(d); 5
(5) Receive, review and discuss each CCPRA study; 6
(6) Receive, review and discuss each law enforcement agency’s annual report required 7
pursuant to § 31-21.2-12(a); 8
(7) Consult with the CAD/RMS board of advisors, as established in § 42-28.10-2; 9
(8) Recommend appropriate assessments for the studies; 10
(9) Recommend policies for stops, searches and seizures; 11
(10) Recommend appropriate enforcement mechanisms to address any study results; and 12
(11) Promote the involvement and investment of the public in CCPRA research, the annual 13
studies, and the work of the CCPRA advisory committee. 14
(g) The office of highway safety of the department of transportation, or designee, in 15
conjunction with the department of administration, shall provide space and secretarial services to 16
the advisory committee without charge to the committee. 17
SECTION 3. This act shall take effect upon passage. 18
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- COMPREHENSIVE COMMUN ITY--
POLICE RELATIONSHIP ACT OF 2015
***
This act would amend the comprehensive community-police relationship act of 2015 to 1
require an annual study by an outside agency chosen by the department with input from the CCPRA 2
advisory committee on traffic stop and search data related to racial disparities and would require a 3
monthly review and annual reporting by law enforcement agencies statewide on the traffic stop and 4
search data. The act would also create a twelve (12) member CCPRA advisory committee to advise 5
the office of highway safety on all matters pertaining to the committee's duties relating to stop and 6
search data. 7
This act would take effect upon passage. 8
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