2022 -- S 2913

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LC005899

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- COMPREHENSIVE COMMUNITY-

POLICE RELATIONSHIP ACT OF 2015

     

     Introduced By: Senator Ana B. Quezada

     Date Introduced: April 29, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-21.2-6 and 31-21.2-7 of the General Laws in Chapter 31-21.2

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entitled "Comprehensive Community-Police Relationship Act of 2015" are hereby amended to read

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as follows:

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     31-21.2-6. Continued data collection Data collection.

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     (a) The office of highway safety of the Rhode Island department of transportation or a

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designee to be chosen by the department of transportation by January 1, 2017, is authorized to and

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shall conduct a study of routine traffic stops by the Rhode Island state police and each municipal

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police department in order to determine whether racial disparities in traffic stops exist, and to

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examine whether searches of vehicles and motorists are being conducted in a disparate manner.

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     (b)(a) The office of highway safety of the Rhode Island department of transportation or its

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designee shall, no later than January 1, 2016 2023, develop a form or electronic equivalent to be

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used by each police officer when making a traffic stop and/or search to record the data required

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under this chapter, which form shall include for each motor vehicle stop and/or search, the race and

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ethnicity of the driver based on the officer's perception, and the information listed in § 31-21.1-4.

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the following data:

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     (1) The date, time and general location of the traffic stop;

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     (2) The race and ethnicity, gender, and approximate age of the driver stopped; provided

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that the identification of these characteristics shall be based on the observation and perception of

 

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the police officer making the stop and the information shall not be requested of the person stopped;

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     (3) The reason for the stop;

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     (4) Whether a search was instituted as a result of the stop;

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     (5) The scope of any search conducted;

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     (6) Whether the search was conducted pursuant to consent, probable cause, or reasonable

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suspicion to suspect a crime;

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     (7) Whether any contraband, including money, was seized in the course of the search, and

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if so, the nature of the contraband;

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     (8) Whether any warning or citation was issued as a result of the stop;

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     (9) Whether an arrest was made as a result of either the stop or the search;

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     (10) The approximate duration of the stop; and

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     (11) Whether the vehicle is registered in Rhode Island or out of the state.

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     (b) For those motor vehicle stops or searches where a citation was issued or an arrest was

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made, the data collection form shall include a citation or arrest number. It shall also include the

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name or badge number of the officer completing the form; provided, however, that the name and

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the badge number of the officer shall not be public.

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     (c) The office of highway safety of the Rhode Island department of transportation or its

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designee shall advise the Rhode Island state police and each municipal police department of the

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date that data collection shall commence. Data collection shall begin not later than January 1, 2016

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2023, but may begin prior to that time upon notification to police departments from the office of

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highway safety of the Rhode Island department of transportation or its designee.

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     (d) A traffic stop and search data collection card or electronic equivalent shall be completed

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for each routine traffic stop and/or search by the Rhode Island state police and each municipal

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police department during the term of this study.

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     (e) Upon commencement of data collection, and monthly thereafter, each municipal police

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department and the Rhode Island state police shall transmit to the office of highway safety of the

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Rhode Island department of transportation or its designee all forms or electronic data collected to

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date of motorists who were stopped and/or searched, and any other information the police

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department or the Rhode Island state police deem appropriate. Data collection shall continue for

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forty-eight (48) months following commencement of data collection.

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     (f) Within ninety (90) days of the effective date of this section, each municipal department

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and the Rhode Island state police shall transmit all traffic stop and search data collected between

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July 1, 2020 and June 30, 2022 for analysis in the annual study required by § 31-21.2-10.

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     (f)(g) Appropriate funding may shall be made available to implement the provision

 

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provisions of this chapter and completion of this the annual study shall be contingent upon such

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funding. Additional funding may be made available to the advisory committee established by § 31-

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21.2-13 to assist police departments, community groups and others in training, research, and

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community outreach to further the goals of this chapter.

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     (g) The study shall include a multivariate analysis of the collected data in accordance with

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general statistical standards and shall be substantially similar to the study prepared pursuant to

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chapter 21.1 of this title. The study shall be prepared by an organization, company, person, or other

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entity with sufficient expertise in the field of statistics and the study of traffic stop data collection

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to assist with the implementation of this chapter, and chosen by the office of highway safety of the

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Rhode Island department of transportation or its designee. The study shall be released on an annual

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basis, with the first release not later than eighteen (18) months after commencement of data

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collection under this chapter. The report, findings, and conclusions submitted pursuant to this

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subsection shall be a public record.

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     (h) The office of highway safety of the Rhode Island department of transportation, or its

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designee, shall be exempt from the provisions of chapter 2 of title 37 in connection with its

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procurement of equipment and services necessary to the implementation of this chapter.

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     (i) On a quarterly basis, a summary report of the monthly data provided by each police

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department and the state police for that quarterly period shall be issued. The report shall be a public

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record. The summary report shall include, at a minimum, a monthly breakdown by race, age,

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gender, and outcome for operators for each police department of the number of traffic stops made

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and of searches conducted. For those police departments collecting data through the use of mobile

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display terminals in police vehicles, the report shall also include a breakdown by race and outcome

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for operators. The report shall be released not more than ninety (90) days after the end of each

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quarterly period. No information revealing the identity of any individual shall be contained in the

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report.

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     (j) Every law enforcement agency collecting data pursuant to this chapter shall ensure that

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supervisory personnel review each officer's stop and search documentation and data results on a

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monthly basis to ensure compliance with all policies, prohibitions, and documentation

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requirements.

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     (k) The head of every law enforcement agency subject to this chapter, or his or her

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designee, shall review the data on a regular basis in an effort to determine whether any racial

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disparities in the agency's traffic stops enforcement exists, and to appropriately respond to any such

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disparities. It is understood that disparities may or may not equate to racial profiling.

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     (l) An organization chartered for the purpose of combating discrimination, racism, or of

 

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safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, and/or a

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governmental or quasi-governmental entity may seek appropriate relief in a civil action against any

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police department for failing to collect or transmit the data required in this chapter, and may be

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awarded its costs, including attorney's fees, for bringing such an action. As a condition precedent

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to the filing of a civil action by an organization under this section, the organization shall send a

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notice to the office of highway safety of the Rhode Island department of transportation or its

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designee identifying the police department which is failing to collect or transmit the data and the

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organization shall then allow fifteen (15) days to elapse.

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     (m)(i) The office of highway safety of the Rhode Island department of transportation or its

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designee shall consult with community, police and civil rights representatives the CCPRA advisory

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committee in the development of the form required by subsection (b) and on at least a quarterly

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basis shall consult on other issues that arise relating to the implementation and enforcement of this

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chapter including the information generated by the issuance of the reports required by subsection

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(i) this chapter.

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     31-21.2-7. Data collection and use Data use and enforcement.

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     (a) Data acquired under this chapter shall not be used in any civil proceeding to establish

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or rebut an inference of discrimination except by court order or when otherwise admissible in

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accordance with rules of civil procedure. It is understood that disparities may or may not equate to

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racial profiling.

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     (b) All data collected and the reports and studies compiled pursuant to this chapter shall be

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public, except information identifying any specific law enforcement officer. For those motor

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vehicle stops where a citation was issued or an arrest was made, the forms prepared pursuant to §

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31-21.2-6(b) of this chapter shall include a citation or arrest number for reference. The data

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collection form shall not include the name or badge number of the officer completing the form. The

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report from the department of transportation or its designee shall not be officer specific.

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     (b)(c) Any police officer who in good faith records traffic stop or search information

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pursuant to the requirements of this chapter shall not be held civilly liable for the act of recording

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the information unless the officer's conduct was reckless.

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     (c)(d) All police departments shall submit to the office of highway safety of the department

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of transportation, or its designee, on an annual basis beginning on July 15, 2016, and for four (4)

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years following the conclusion of data collection, a report indicating what action, if any, has been

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taken, to address any racial disparities in traffic stops and/or searches documented in the studies

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authorized by §§ 31-21.1-4 and 31-21.2-6, and to otherwise implement any recommendations of

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those studies, including, but not limited to, any changes to agency policies; revisions to traffic

 

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enforcement practices; detailed analysis and review of traffic stop data and the results of such

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review; or the initiation of any disciplinary action. Any reference to disciplinary action shall not

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identify the officer. The office of highway safety of the department of transportation or its designee,

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in consultation with the CCPRA advisory committee, shall issue guidelines for police departments

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to follow in preparing these reports the annual reports required by § 31-21.2-12, including

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establishing a form for the certification of compliance to be verified under oath. The reports shall

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be public records and shall contain a certification that the department has complied with § 31-21.2-

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6(j) and (k).

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     (d) Every twelve (12) months, each state and municipal law enforcement agency shall

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submit to the office of highway safety of the Rhode Island department of transportation, or its

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designee, on a brief form prepared by that office, or its designee, information summarizing what,

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if any, actions were taken by the agency in response to any racial disparities documented in the

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previous reports issued pursuant to § 31-21.2-6(i). The summary shall include, but not be limited

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to: any changes to agency policies; revisions to traffic enforcement practices; detailed analysis and

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review of traffic stop data and the results of such review; or the initiation of any disciplinary action.

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Any references to disciplinary action shall not identify the officer. The forms shall be public

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records, and shall contain a certification that the department has complied with § 31-21.2-6(j) and

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(k).

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     (e) An organization chartered for the purpose of combating discrimination, racism, or of

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safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, and/or a

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governmental or quasi-governmental entity may seek appropriate relief in a civil action against any

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police department for failing to collect or transmit the data required in this chapter, or for failing to

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comply with the other requirements of this chapter, and may be awarded its costs, including

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attorney's fees, for bringing such an action. As a condition precedent to the filing of a civil action

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by an organization under this section, the organization shall send a notice to the office of highway

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safety of the Rhode Island department of transportation or its designee identifying the police

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department which is failing to collect or transmit the data and the organization shall then allow

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fifteen (15) days to elapse before filing a civil action.

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     SECTION 2. Chapter 31-21.2 of the General Laws entitled "Comprehensive Community-

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Police Relationship Act of 2015" is hereby amended by adding thereto the following sections:

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     31-21.2-9. Quarterly data reports by office of highway safety.

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     (a) On a quarterly basis, a summary report of the monthly data provided by each police

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department and the state police for that quarterly period shall be issued by the office of highway

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safety of the Rhode Island department of transportation or its designee. The summary report shall

 

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include, at a minimum, a monthly breakdown by race, age, gender, and outcome for operators for

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each police department of the number of traffic stops made and of searches conducted. For those

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police departments collecting data through the use of mobile display terminals in police vehicles,

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the report shall also include a breakdown by race and outcome for operators.

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      (b) The report shall be released not more than ninety (90) days after the end of each

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quarterly period. No information revealing the identity of any individual shall be contained in the

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report.

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     31-21.2-10. Annual study and data interface by office of highway safety.

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     (a) The office of highway safety of the Rhode Island department of transportation or a

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designee to be chosen by the department of transportation shall, with input from the CCPRA

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advisory committee, select an organization, company, person, or other entity with sufficient

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expertise in the field of statistics, and expertise in the study of traffic stop and search data collection

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and/or the study of data related to racial disparities to conduct an annual study.

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     (b) The study shall compile and examine data of routine traffic stops made and searches

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conducted by the Rhode Island state police and each municipal police department in order to

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determine whether racial disparities in traffic stops and searches exist, and to further examine

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whether searches of vehicles and motorists are being conducted in a racially disparate manner. The

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study shall include a multivariate analysis of the collected data in accordance with general statistical

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standards, and may include an analysis of data at and above the eighty-five percent (85%)

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confidence level. The study shall be substantially similar to the study prepared pursuant to chapter

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21.1 of title 31, and may include a multi-year data analysis. The annual study shall not identify

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specific officers.

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     (c) Appropriate funding shall be made available to implement the provisions of this chapter

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and completion of the annual study shall be contingent upon such funding.

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     (d) On an annual basis, the office of highway safety of the Rhode Island department of

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transportation or its designee shall present all data submitted in accordance with § 31-21.2-6 in an

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online interface designed to enhance public interaction with the data. In providing a visual

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presentation of the data, the interface shall allow for user-generated analysis of the stop and search

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data points required to be collected pursuant to this chapter. The interface shall generate analyses

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of the data such that the public may view the data by race or ethnicity in conjunction with any of

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the data points collected, and shall allow users to view the data statewide and for individual

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municipal law enforcement agencies both cumulatively and by year. Within one year of enactment

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of this section, the interface shall include all the annual data collected since enactment of this

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chapter.

 

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     31-21.2-11. Monthly review.

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     (a) The head of every law enforcement agency collecting data pursuant to this chapter shall

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regularly review the agency-wide data in an effort to determine whether any racial disparities in

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the agency's traffic stops or searches exist, and to appropriately respond to any such disparities.

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     (b) The head of every law enforcement agency shall ensure that supervisory personnel have

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conducted monthly verifications of each officer's stop and search documentation and officer

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specific data results to verify compliance, or document any noncompliance, with all policies,

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prohibitions, and documentation requirements. Such monthly verifications shall include whether a

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review of an officer’s stop and search documentation and data results indicate the presence of racial

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disparities.

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     31-21.2-12. Annual report by law enforcement agency heads.

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     (a) The head of every law enforcement agency shall submit a traffic stop and search report

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which includes the information in 31-21.2-11 to the office of highway safety of the department of

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transportation, or its designee, and to the CCPRA advisory committee on an annual basis beginning

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on July 1, 2022.

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     (b) The head of the agency shall submit as part of each annual report, a certification of

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compliance with this section, documentation of monthly verifications, and a summary of any racial

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disparities found through the review.

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     (c) Additionally, the annual report shall indicate what action, if any, has been taken, to

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address any racial disparities in traffic stops and/or searches documented in each department’s

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ongoing data collection and, in the study authorized by § 31-21.2-10, and to otherwise implement

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any recommendations of the data collection and/or traffic studies, including, but not limited to:

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     (1) Any changes to agency policies;

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     (2) Revisions to traffic enforcement practices;

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     (3) Detailed analysis and review of traffic stop data and the results of such review;

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     (4) Steps taken to present the data and recommendations to the community;

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     (5) The initiation of any disciplinary action; and

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     (6) Where no remedial action has been taken in response to documented racial disparities,

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an explanation for the department’s inaction.

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     (d) The annual report, including any reference to disciplinary action, shall not identify

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specific officers.

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     31-21.2-13. Advisory committee -- Establishment -- Duties.

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     (a) The CCPRA advisory committee is hereby established. The advisory committee shall

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consist of 12 members:

 

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     (1) One of whom shall be appointed by the governor;

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     (2) One of whom shall be appointed by the senate president;

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     (3) One of whom shall be appointed by the speaker of the house;

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     (4) One of whom shall be the attorney general, or designee;

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     (5) One of whom shall be the public defender, or designee;

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     (6) One of whom shall be the director of the department of public safety, or designee;

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     (7) One of whom shall be the executive director of the Rhode Island Police Chiefs

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Association, or designee;

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     (8) One of whom shall be the executive director of the Rhode Island commission for human

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rights, or designee;

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     (9) One of whom shall be the executive director of Rhode Island for Community & Justice,

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or designee or other organization chartered for the purpose of combating discrimination, racism or

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of safeguarding civil liberties;

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     (10) One of whom shall be the president of the NAACP Providence branch, or designee;

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     (11) Two (2) of whom shall be community members.

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     (b) The members of the advisory committee shall be appointed for terms of three (3) years;

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provided, however that, with regard to the initial appointments, four (4) members shall be appointed

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for terms of one year; four (4) members shall be appointed for a term of two (2) years; and four (4)

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members shall be appointed for a term of three (3) years. Members may be reappointed, and their

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appointments shall continue until their successors are appointed. A vacancy other than by

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expiration shall be filled in the manner of the original appointment, but only for the unexpired

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portion of the term.

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     (c) The members of the advisory committee shall receive no compensation.

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     (d) The governor’s appointee shall be the chairperson; a vice-chairperson and secretary

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shall be elected by the advisory committee members annually. All officers of the advisory

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committee shall serve until their successors have been duly appointed or elected.

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     (e) The advisory committee shall meet at least quarterly and at the call of the chairperson

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of the committee.

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     (f) The advisory committee shall have the following purposes and duties:

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     (1) Advise the office of highway safety of the department of transportation or designee on

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all matters pertaining to the duties and powers of the committee, including evaluating and making

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recommendations regarding plans, programs, and strategies relating to the CCPRA;

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     (2) Provide input to the office of highway safety of the department of transportation or

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designee to choose an organization, company, person or entity to conduct an annual traffic stop and

 

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search study;

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     (3) Advise the study consultant on the recommended design of each study;

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     (4) Consult with the office of highway safety of the department of transportation or

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designee on guidelines for police departments to follow in preparing the reports required pursuant

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to § 31-21.2-7(d);

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     (5) Receive, review and discuss each CCPRA study;

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     (6) Receive, review and discuss each law enforcement agency’s annual report required

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pursuant to 31-21.2-12(a);

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     (7) Consult with the CAD/RMS board of advisors, as established in RIGL 42-28.10-2;

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     (8) Recommend appropriate assessments for the studies;

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     (9) Recommend policies for stops, searches and seizures;

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     (10) Recommend appropriate enforcement mechanisms to address any study results; and

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     (11) Promote the involvement and investment of the public in CCPRA research, the annual

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studies, and the work of the CCPRA advisory committee.

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     (g) The office of highway safety of the department of transportation or designee (or DOA)

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shall provide space and secretarial services to the advisory committee without charge to the

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committee.

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     SECTION 3. This act shall take effect upon passage.

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LC005899

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- COMPREHENSIVE COMMUNITY-

POLICE RELATIONSHIP ACT OF 2015

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     This act would amend the comprehensive community-police relationship act of 2015 to

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require an annual study by an outside agency chosen by the department with input from the CCPRA

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advisory committee on traffic stop and search data related to racial disparities and would require a

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monthly review and annual reporting by law enforcement agencies statewide on the traffic stop and

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search data, and create a twelve (12) member CCPRA advisory committee to advise the office of

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highway safety on all matters pertaining to the committee's duties relating to stop and search data.

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     This act would take effect upon passage.

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LC005899

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