SB 287 - Currently, each time a peace officer stops a driver of a motor vehicle, the officer is required report certain information regarding the status of the driver, including his or her status as a minority group, the cause for the stop, and the consequences of the stop. There is also a process for law enforcement agencies to compile this information and report it to the Attorney General, and for the Attorney General to analyze this information and issue a report on it. This act repeals these provisions.
This act defines biased policing and prohibits members of Missouri law enforcement agencies from engaging in it. Biased policing is defined as policing which occurs in circumstances in which the peace officer's actions are based in whole or in part on the real or perceived race, ethnicity, religious beliefs, gender, English language proficiency, status as a person with a disability, or national origin of a person rather than upon lawful and appropriate law enforcement procedures based on observed behavior or facts about the individual indicating criminal activity.
Under this act, peace officers who stop individuals are required to report certain information, including the race, ethnicity, age, gender, disability, and English language proficiency of the stopped individual, the jurisdiction in which the stopped individual resides based on the best information available, the reasons leading to the stop, how the alleged violations leading to the stop were detected, the time, date, location, and duration of the stop, post-stop activities, whether any physical force was used, whether a mental health professional was consulted at the scene, under what authority the stopped individual was searched, if a drug dog was alerted, the outcome of the stop, what if any contraband was found, if the stopped individual was handcuffed before arrest, if consent to the stop was asked for and documented if received, if other nearby individuals were stopped, what areas of a vehicle or person were searched, or if a vehicle was towed.
Law enforcement agencies are required to compile and submit the data collected from these reports to the Attorney General, and to maintain, update, and publish the compiled data. The agencies shall not report the names and identifying information of the peace officers or stopped individuals. Further, this act requires the Attorney General to analyze the data collected by peace officers and prepare an annual report containing several specific sets of data and information described in the act. The report shall use best practices to identify situations in which racial and ethnic groups are disproportionately affected by law enforcement activity. Ratios of disparity reflecting racially disproportionate police actions shall be calculated by a method described in the act and published.
Under this act, each law enforcement agency shall conduct an annual review of the data collected by peace officers under this act and issue a report according to the requirements of the act. During this annual review, law enforcement agencies shall, among other considerations, seek to determine the degree to which biases affect policing actions, and seek factors that might account for such biases.
Each law enforcement agency shall promulgate internal policies to control biased policing in accordance with this act's guidelines and requirements. Further, each law enforcement agency with more than fifty peace officers shall create a community partnership in accordance with this act's guidelines and requirements. Further, this act requires that law enforcement personnel are hired and trained by methods which identify and reduce biased policing.
Under this act, if a law enforcement agency has failed, excluding minor technical errors, to comply with any of the requirements of the act for three consecutive years, the Attorney General shall order that the jurisdiction or governing body that the law enforcement agency serves be required to forfeit 15% of its annual general operating revenue received from fines, bond forfeitures, and court costs for traffic violations. The penalty shall continue until such time as the section's requirements are met. The Attorney General shall review such agencies' efforts to achieve non-biased policing. The Attorney General shall take additional measures to ensure that agencies conduct efforts to reduce biased policing if those agencies continue to report significant disproportions in law enforcement action in subsequent years. As a maximum penalty, the Attorney General shall order, after six years of review, that the jurisdiction or governing body that the law enforcement agency serves be required to forfeit 25% of its annual general operating revenue received from fines, bond forfeitures, and court costs for traffic violations.
Under this act, if a law enforcement agency continues to report significant disparities after seven years or longer, the Attorney General shall have the authority to bring an action against that law enforcement agency, seeking to dismantle the agency and place law enforcement responsibilities with the county or state until such time as the agency can be reconstituted with newly hired officers.
Under this act, civil causes of action are created against law enforcement agencies, peace officers, and contract and civilian employees of law enforcement agencies which engage in biased policing. Remedies under these actions include compensatory and punitive damages, injunctive and declaratory relief, nominal damages, and such other relief as a court deems appropriate.
This act is similar to HB 528 (2017), HB 1213 (2017), HB 1214 (2017), SB 671 (2016), HB 1890 (2016), HB 2245 (2016), HB 2273 (2016), and SB 559 (2015).