Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0307 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO MOTOR AN D OTHER VEHICLES -- COMPREHENSIVE COMMUN ITY--
1616 POLICE RELATIONSHIP ACT OF 2015
1717 Introduced By: Senators Quezada, Bell, and Bissaillon
1818 Date Introduced: February 13, 2025
1919 Referred To: Senate Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 31-21.2-6 and 31-21.2-7 of the General Laws in Chapter 31-21.2 1
2424 entitled "Comprehensive Community-Police Relationship Act of 2015" are hereby amended to read 2
2525 as follows: 3
2626 31-21.2-6. Continued data collection. Data collection. 4
2727 (a) The office of highway safety of the Rhode Island department of transportation or a 5
2828 designee to be chosen by the department of transportation by January 1, 2017, is authorized to and 6
2929 shall conduct a study of routine traffic stops by the Rhode Island state police and each municipal 7
3030 police department in order to determine whether racial disparities in traffic stops exist, and to 8
3131 examine whether searches of vehicles and motorists are being conducted in a disparate manner. 9
3232 (b)(a) The office of highway safety of the Rhode Island department of transportation or its 10
3333 designee shall, no later than January 1, 2016 2026, develop a form or electronic equivalent to be 11
3434 used by each police officer when making a traffic stop and/or search to record the data required 12
3535 under this chapter, which form shall include for each motor vehicle stop and/or search, the race and 13
3636 ethnicity of the driver based on the officer’s perception, and the information listed in § 31-21.1-4. 14
3737 the following data: 15
3838 (1) The date, time and general location of the traffic stop; 16
3939 (2) The race and ethnicity, gender, and approximate age of the driver stopped; provided 17
4040 that, the identification of these characteristics shall be based on the observation and perception of 18
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4444 the police officer making the stop and the information shall not be requested of the person stopped; 1
4545 (3) The reason for the stop; 2
4646 (4) Whether a search was instituted as a result of the stop; 3
4747 (5) The scope of any search conducted; 4
4848 (6) Whether the search was conducted pursuant to consent, probable cause, or reasonable 5
4949 suspicion to suspect a crime; 6
5050 (7) Whether any contraband, including money, was seized in the course of the search, and 7
5151 if so, the nature of the contraband; 8
5252 (8) Whether any warning or citation was issued as a result of the stop; 9
5353 (9) Whether an arrest was made as a result of either the stop or the search; 10
5454 (10) The approximate duration of the stop; and 11
5555 (11) Whether the vehicle is registered in Rhode Island or out of the state. 12
5656 (b) For those motor vehicle stops or searches where a citation was issued or an arrest was 13
5757 made, the data collection form shall include a citation or arrest number. It shall also include the 14
5858 name or badge number of the officer completing the form; provided, however, that the name and 15
5959 the badge number of the officer shall not be public. 16
6060 (c) The office of highway safety of the Rhode Island department of transportation or its 17
6161 designee shall advise the Rhode Island state police and each municipal police department of the 18
6262 date that data collection shall commence. Data collection shall begin not later than January 1, 2016 19
6363 2026, but may begin prior to that time upon notification to police departments from the office of 20
6464 highway safety of the Rhode Island department of transportation or its designee. 21
6565 (d) A traffic stop and search data collection card or electronic equivalent shall be completed 22
6666 for each routine traffic stop and/or searched by the Rhode Island state police and each municipal 23
6767 police department during the term of this study. 24
6868 (e) Upon commencement of data collection, and monthly thereafter, each municipal police 25
6969 department and the Rhode Island state police shall transmit to the office of highway safety of the 26
7070 Rhode Island department of transportation or its designee all forms or electronic data collected to 27
7171 date of motorists who were stopped and/or searched, and any other information the police 28
7272 department or the Rhode Island state police deem appropriate. Data collection shall continue for 29
7373 forty-eight (48) months following commencement of data collection. 30
7474 (f) Within ninety (90) days of the effective date of this section, each municipal department 31
7575 and the Rhode Island state police shall transmit all traffic stop and search data collected between 32
7676 July 1, 2023 and June 30, 2026 for analysis in the annual study required by § 31-21.2-10. 33
7777 (f)(g) Appropriate funding may shall be made available to implement the provision 34
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8181 provisions of this chapter and completion of this the annual study shall be contingent upon such 1
8282 funding. Additional funding may be made available to the advisory committee established by § 31-2
8383 21.2-13 to assist police departments, community groups and others in training, research, and 3
8484 community outreach to further the goals of this chapter. 4
8585 (g) The study shall include a multivariate analysis of the collected data in accordance with 5
8686 general statistical standards and shall be substantially similar to the study prepared pursuant to 6
8787 chapter 21.1 of this title. The study shall be prepared by an organization, company, person, or other 7
8888 entity with sufficient expertise in the field of statistics and the study of traffic stop data collection 8
8989 to assist with the implementation of this chapter, and chosen by the office of highway safety of the 9
9090 Rhode Island department of transportation or its designee. The study shall be released on an annual 10
9191 basis, with the first release not later than eighteen (18) months after commencement of data 11
9292 collection under this chapter. The report, findings, and conclusions submitted pursuant to this 12
9393 subsection shall be a public record. 13
9494 (h) The office of highway safety of the Rhode Island department of transportation, or its 14
9595 designee, shall be exempt from the provisions of chapter 2 of title 37 in connection with its 15
9696 procurement of equipment and services necessary to the implementation of this chapter. 16
9797 (i) On a quarterly basis, a summary report of the monthly data provided by each police 17
9898 department and the state police for that quarterly period shall be issued. The report shall be a public 18
9999 record. The summary report shall include, at a minimum, a monthly breakdown by race, age, 19
100100 gender, and outcome for operators for each police department of the number of traffic stops made 20
101101 and of searches conducted. For those police departments collecting data through the use of mobile 21
102102 display terminals in police vehicles, the report shall also include a breakdown by race and outcome 22
103103 for operators. The report shall be released not more than ninety (90) days after the end of each 23
104104 quarterly period. No information revealing the identity of any individual shall be contained in the 24
105105 report. 25
106106 (j) Every law enforcement agency collecting data pursuant to this chapter shall ensure that 26
107107 supervisory personnel review each officer’s stop and search documentation and data results on a 27
108108 monthly basis to ensure compliance with all policies, prohibitions, and documentation 28
109109 requirements. 29
110110 (k) The head of every law enforcement agency subject to this chapter, or his or her 30
111111 designee, shall review the data on a regular basis in an effort to determine whether any racial 31
112112 disparities in the agency’s traffic stops enforcement exists, and to appropriately respond to any such 32
113113 disparities. It is understood that disparities may or may not equate to racial profiling. 33
114114 (l) An organization chartered for the purpose of combating discrimination, racism, or of 34
115115
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118118 safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, and/or a 1
119119 governmental or quasi-governmental entity may seek appropriate relief in a civil action against any 2
120120 police department for failing to collect or transmit the data required in this chapter, and may be 3
121121 awarded its costs, including attorney’s fees, for bringing such an action. As a condition precedent 4
122122 to the filing of a civil action by an organization under this section, the organization shall send a 5
123123 notice to the office of highway safety of the Rhode Island department of transportation or its 6
124124 designee identifying the police department which is failing to collect or transmit the data and the 7
125125 organization shall then allow fifteen (15) days to elapse. 8
126126 (m)(i) The office of highway safety of the Rhode Island department of transportation or its 9
127127 designee shall consult with community, police and civil rights representatives the comprehensive 10
128128 community police relationship act (CCPRA) advisory committee established pursuant to § 31-21.2-11
129129 13 in the development of the form required by subsection (b) and on at least a quarterly basis shall 12
130130 consult on other issues that arise relating to the implementation and enforcement of this chapter 13
131131 including the information generated by the issuance of the reports required by subsection (i) this 14
132132 chapter. 15
133133 31-21.2-7. Data collection and use. Data use and enforcement. 16
134134 (a) Data acquired under this chapter shall not be used in any civil proceeding to establish 17
135135 or rebut an inference of discrimination except by court order or when otherwise admissible in 18
136136 accordance with rules of civil procedure. It is understood that disparities may or may not equate to 19
137137 racial profiling. 20
138138 (b) All data collected and the reports and studies compiled pursuant to this chapter shall be 21
139139 public, except information identifying any specific law enforcement officer. For those motor 22
140140 vehicle stops where a citation was issued or an arrest was made, the forms prepared pursuant to § 23
141141 31-21.2-6(b) of this chapter shall include a citation or arrest number for reference. The data 24
142142 collection form shall not include the name or badge number of the officer completing the form. The 25
143143 report from the department of transportation or its designee shall not be officer specific. 26
144144 (b)(c) Any police officer who in good faith records traffic stop or search information 27
145145 pursuant to the requirements of this chapter shall not be held civilly liable for the act of recording 28
146146 the information unless the officer’s conduct was reckless. 29
147147 (c)(d) All police departments shall submit to the office of highway safety of the department 30
148148 of transportation, or its designee, on an annual basis beginning on July 15, 2016, and for four (4) 31
149149 years following the conclusion of data collection, a report indicating what action, if any, has been 32
150150 taken, to address any racial disparities in traffic stops and/or searches documented in the studies 33
151151 authorized by §§ 31-21.1-4 and 31-21.2-6, and to otherwise implement any recommendations of 34
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155155 those studies, including, but not limited to, any changes to agency policies; revisions to traffic 1
156156 enforcement practices; detailed analysis and review of traffic stop data and the results of such 2
157157 review; or the initiation of any disciplinary action. Any reference to disciplinary action shall not 3
158158 identify the officer. The office of highway safety of the department of transportation or its designee, 4
159159 in consultation with the CCPRA advisory committee, shall issue guidelines for police departments 5
160160 to follow in preparing these reports the annual reports required by § 31-21.2-12, including 6
161161 establishing a form for the certification of compliance to be verified under oath. The reports shall 7
162162 be public records and shall contain a certification that the department has complied with § 31-21.2-8
163163 6(j) and (k). 9
164164 (d) Every twelve (12) months, each state and municipal law enforcement agency shall 10
165165 submit to the office of highway safety of the Rhode Island department of transportation, or its 11
166166 designee, on a brief form prepared by that office, or its designee, information summarizing what, 12
167167 if any, actions were taken by the agency in response to any racial disparities documented in the 13
168168 previous reports issued pursuant to § 31-21.2-6(i). The summary shall include, but not be limited 14
169169 to: any changes to agency policies; revisions to traffic enforcement practices; detailed analysis and 15
170170 review of traffic stop data and the results of such review; or the initiation of any disciplinary action. 16
171171 Any references to disciplinary action shall not identify the officer. The forms shall be public 17
172172 records, and shall contain a certification that the department has complied with § 31-21.2-6(j) and 18
173173 (k). 19
174174 (e) An organization chartered for the purpose of combating discrimination, racism, or of 20
175175 safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, and/or a 21
176176 governmental or quasi-governmental entity may seek appropriate relief in a civil action against any 22
177177 police department for failing to collect or transmit the data required in this chapter, or for failing to 23
178178 comply with the other requirements of this chapter, and may be awarded its costs, including 24
179179 attorney's fees, for bringing such an action. As a condition precedent to the filing of a civil action 25
180180 by an organization under this section, the organization shall send a notice to the office of highway 26
181181 safety of the Rhode Island department of transportation or its designee identifying the police 27
182182 department which is failing to collect or transmit the data and the organization shall then allow 28
183183 fifteen (15) days to elapse before filing a civil action. 29
184184 SECTION 2. Chapter 31-21.2 of the General Laws entitled "Comprehensive Community-30
185185 Police Relationship Act of 2015" is hereby amended by adding thereto the following sections: 31
186186 31-21.2-9. Quarterly data reports by office of highway safety. 32
187187 (a) On a quarterly basis, a summary report of the monthly data provided by each police 33
188188 department and the state police for that quarterly period shall be issued by the office of highway 34
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192192 safety of the Rhode Island department of transportation or its designee. The summary report shall 1
193193 include, at a minimum, a monthly breakdown by race, age, gender, and outcome for operators for 2
194194 each police department of the number of traffic stops made and of searches conducted. For those 3
195195 police departments collecting data through the use of mobile display terminals in police vehicles, 4
196196 the report shall also include a breakdown by race and outcome for operators. 5
197197 (b) The report shall be released not more than ninety (90) days after the end of each 6
198198 quarterly period. No information revealing the identity of any individual shall be contained in the 7
199199 report. 8
200200 31-21.2-10. Annual study and data interface by office of highway safety. 9
201201 (a) The office of highway safety of the Rhode Island department of transportation or a 10
202202 designee to be chosen by the department of transportation shall, with input from the CCPRA 11
203203 advisory committee, select an organization, company, person, or other entity with sufficient 12
204204 expertise in the field of statistics, and expertise in the study of traffic stop and search data collection 13
205205 and/or the study of data related to racial disparities to conduct an annual study. 14
206206 (b) The study shall compile and examine data of routine traffic stops made and searches 15
207207 conducted by the Rhode Island state police and each municipal police department in order to 16
208208 determine whether racial disparities in traffic stops and searches exist, and to further examine 17
209209 whether searches of vehicles and motorists are being conducted in a racially disparate manner. The 18
210210 study shall include a multivariate analysis of the collected data in accordance with general statistical 19
211211 standards, and may include an analysis of data at and above the eighty-five percent (85%) 20
212212 confidence level. The study shall be substantially similar to the study prepared pursuant to chapter 21
213213 21.1 of title 31, and may include a multi-year data analysis. The annual study shall not identify 22
214214 specific officers. 23
215215 (c) Appropriate funding shall be made available to implement the provisions of this chapter 24
216216 and completion of the annual study shall be contingent upon such funding. 25
217217 (d) On an annual basis, the office of highway safety of the Rhode Island department of 26
218218 transportation or its designee shall present all data submitted in accordance with § 31-21.2-6 in an 27
219219 online interface designed to enhance public interaction with the data. In providing a visual 28
220220 presentation of the data, the interface shall allow for user-generated analysis of the stop and search 29
221221 data points required to be collected pursuant to this chapter. The interface shall generate analyses 30
222222 of the data such that the public may view the data by race or ethnicity in conjunction with any of 31
223223 the data points collected, and shall allow users to view the data statewide and for individual 32
224224 municipal law enforcement agencies both cumulatively and by year. Within one year of the 33
225225 effective date of this section, the interface shall include all the annual data collected since the 34
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229229 effective date of this chapter. 1
230230 31-21.2-11. Monthly review. 2
231231 (a) The head of every law enforcement agency collecting data pursuant to this chapter shall 3
232232 regularly review the agency-wide data in an effort to determine whether any racial disparities in 4
233233 the agency's traffic stops or searches exist, and to appropriately respond to any such disparities. 5
234234 (b) The head of every law enforcement agency shall ensure that supervisory personnel have 6
235235 conducted monthly verifications of each officer's stop and search documentation and officer 7
236236 specific data results to verify compliance, or document any noncompliance, with all policies, 8
237237 prohibitions, and documentation requirements. Such monthly verifications shall include whether a 9
238238 review of an officer’s stop and search documentation and data results indicate the presence of racial 10
239239 disparities. 11
240240 31-21.2-12. Annual report by law enforcement agency heads. 12
241241 (a) The head of every law enforcement agency shall submit a traffic stop and search report 13
242242 which includes the information in § 31-21.2-11 to the office of highway safety of the department 14
243243 of transportation, or its designee, and to the CCPRA advisory committee on an annual basis 15
244244 beginning on July 1, 2026. 16
245245 (b) The head of the agency shall submit as part of each annual report, a certification of 17
246246 compliance with this section, documentation of monthly verifications, and a summary of any racial 18
247247 disparities found through the review. 19
248248 (c) Additionally, the annual report shall indicate what action, if any, has been taken, to 20
249249 address any racial disparities in traffic stops and/or searches documented in each department’s 21
250250 ongoing data collection and, in the study authorized by § 31-21.2-10, and to otherwise implement 22
251251 any recommendations of the data collection and/or traffic studies, including, but not limited to: 23
252252 (1) Any changes to agency policies; 24
253253 (2) Revisions to traffic enforcement practices; 25
254254 (3) Detailed analysis and review of traffic stop data and the results of such review; 26
255255 (4) Steps taken to present the data and recommendations to the community; 27
256256 (5) The initiation of any disciplinary action; and 28
257257 (6) Where no remedial action has been taken in response to documented racial disparities, 29
258258 an explanation for the department’s inaction. 30
259259 (d) The annual report, including any reference to disciplinary action, shall not identify 31
260260 specific officers. 32
261261 31-21.2-13. Advisory committee -- Establishment -- Duties. 33
262262 (a) The comprehensive community police relationship act (CCPRA) advisory committee 34
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266266 is hereby established. The advisory committee shall consist of twelve (12) members: 1
267267 (1) One of whom shall be appointed by the governor; 2
268268 (2) One of whom shall be appointed by the senate president; 3
269269 (3) One of whom shall be appointed by the speaker of the house; 4
270270 (4) One of whom shall be the attorney general, or designee; 5
271271 (5) One of whom shall be the public defender, or designee; 6
272272 (6) One of whom shall be the director of the department of public safety, or designee; 7
273273 (7) One of whom shall be the executive director of the Rhode Island Police Chiefs 8
274274 Association, or designee; 9
275275 (8) One of whom shall be the executive director of the Rhode Island commission for human 10
276276 rights, or designee; 11
277277 (9) One of whom shall be the executive director of Rhode Island for Community & Justice, 12
278278 or designee or other organization chartered for the purpose of combating discrimination, racism or 13
279279 of safeguarding civil liberties; 14
280280 (10) One of whom shall be the president of the NAACP Providence branch, or designee; 15
281281 and 16
282282 (11) Two (2) of whom shall be community members. 17
283283 (b) The members of the advisory committee shall be appointed for terms of three (3) years; 18
284284 provided, however, that with regard to the initial appointments, four (4) members shall be appointed 19
285285 for terms of one year; four (4) members shall be appointed for a term of two (2) years; and four (4) 20
286286 members shall be appointed for a term of three (3) years. Members may be reappointed, and their 21
287287 appointments shall continue until their successors are appointed. A vacancy other than by 22
288288 expiration shall be filled in the manner of the original appointment, but only for the unexpired 23
289289 portion of the term. 24
290290 (c) The members of the advisory committee shall receive no compensation. 25
291291 (d) The governor’s appointee shall be the chairperson and a vice-chairperson and secretary 26
292292 shall be elected by the advisory committee members annually. All officers of the advisory 27
293293 committee shall serve until their successors have been duly appointed or elected. 28
294294 (e) The advisory committee shall meet at least quarterly and at the call of the chairperson 29
295295 of the committee. 30
296296 (f) The advisory committee shall have the following purposes and duties: 31
297297 (1) Advise the office of highway safety of the department of transportation or designee on 32
298298 all matters pertaining to the duties and powers of the committee, including evaluating and making 33
299299 recommendations regarding plans, programs, and strategies relating to the CCPRA; 34
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303303 (2) Provide input to the office of highway safety of the department of transportation or 1
304304 designee to choose an organization, company, person or entity to conduct an annual traffic stop and 2
305305 search study; 3
306306 (3) Advise the study consultant on the recommended design of each study; 4
307307 (4) Consult with the office of highway safety of the department of transportation or 5
308308 designee on guidelines for police departments to follow in preparing the reports required pursuant 6
309309 to § 31-21.2-7(d); 7
310310 (5) Receive, review and discuss each CCPRA study; 8
311311 (6) Receive, review and discuss each law enforcement agency’s annual report required 9
312312 pursuant to § 31-21.2-12(a); 10
313313 (7) Consult with the CAD/RMS board of advisors, as established in § 42-28.10-2; 11
314314 (8) Recommend appropriate assessments for the studies; 12
315315 (9) Recommend policies for stops, searches and seizures; 13
316316 (10) Recommend appropriate enforcement mechanisms to address any study results; and 14
317317 (11) Promote the involvement and investment of the public in CCPRA research, the annual 15
318318 studies, and the work of the CCPRA advisory committee. 16
319319 (g) The office of highway safety of the department of transportation, or designee, in 17
320320 conjunction with the department of administration, shall provide space and secretarial services to 18
321321 the advisory committee without charge to the committee. 19
322322 SECTION 3. This act shall take effect upon passage. 20
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329329 EXPLANATION
330330 BY THE LEGISLATIVE COUNCIL
331331 OF
332332 A N A C T
333333 RELATING TO MOTOR AN D OTHER VEHICLES -- COMPREHENSIVE CO MMUNITY--
334334 POLICE RELATIONSHIP ACT OF 2015
335335 ***
336336 This act would amend the comprehensive community-police relationship act of 2015 to 1
337337 require an annual study by an outside agency chosen by the department with input from the CCPRA 2
338338 advisory committee on traffic stop and search data related to racial disparities and would require a 3
339339 monthly review and annual reporting by law enforcement agencies statewide on the traffic stop and 4
340340 search data. The act would also create a twelve (12) member CCPRA advisory committee to advise 5
341341 the office of highway safety on all matters pertaining to the committee's duties relating to stop and 6
342342 search data. 7
343343 This act would take effect upon passage. 8
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