AN ACT CONCERNING THE ALVIN W. PENN RACIAL PROFILING PROHIBITION ACT.

This bill makes changes to the existing standardized method used by law enforcement officers and certain other officers when conducting traffic stops. Among other things, it requires:

1. the Office of Policy and Management (OPM) to, (a) by July 1, 2016, develop a printable electronic form, with accompanying training and evaluation guidelines; (b) translate the existing motorists' notice and complaint instructions into Spanish; and (c) provide, by October 1, 2015, the notice and instructions to the Department of Motor Vehicle (DMV) commissioner;

2. the DMV commissioner to, starting January 1, 2016, include such notice and instruction in each motor vehicle operator's license or identity card renewal notification; and

3. law enforcement officers and other officers authorized to conduct traffic stops (see BACKGROUND) to (a) electronically record traffic stop information for all stops, (b) give each person stopped a printed receipt, and (c) use the existing paper form until the electronic form has been developed and implemented.

The bill allows municipal departments, Department of Emergency Services and Public Protection (DESPP), and other such departments to request, by June 30, 2016, reimbursement from OPM for the costs of installing, in police cars, electronic devices for recording and printing traffic stop data. The bill appropriates, for FY 16, $2.5 million to OPM for the reimbursement of reasonable costs.

The bill also allows anyone who believes he or she has been subject to racial profiling or a violation of the standardized method to file a complaint with the Commission on Human Rights and Opportunities (CHRO).

EFFECTIVE DATE: July 1, 2015 except the (1) provisions on CHRO's authority to act on discriminatory practices are effective October 1, 2015 and (2) DMV's notification requirement is effective January 1, 2016.

The bill requires OPM, within available resources, to revise the standardized method, by July 1, 2016, in consultation with the Racial Profiling Prohibition Project Advisory Board and Criminal Justice Information System Governing Board. OPM must develop:

1. an electronic form to replace the existing paper form law enforcement officers and other officers authorized to conduct traffic stops use to record traffic stop information,

2. a Spanish version of the existing notice and complaint instructions given to each person stopped,

3. a method for printing the recorded traffic stop information and the required notice and instructions, and

4. guidelines to train officers to complete the electronic form and evaluate the information collected for counseling and officer training.

The bill requires officers who conduct traffic stops to electronically record the statutorily required information for all stops, including those for which no warning, citation, or summons was issued or custodial arrest made. As under existing law, the bill excuses an officer from recording this information if he or she had to leave the location to respond to an emergency or due to exigent circumstances within the scope of his or her duties.

1. the date, time, and geographic location of the stop;

2. the driver's race, color, ethnicity, age, and gender, with the characteristics based on the officer's observation and perception;

3. the officer's unique identifying number or name and title if he or she does not have a number;

4. the nature of the alleged traffic violation or other violation that caused the stop and the statutory citation for such violation;

5. the disposition of the stop including whether a warning, citation, or summons was issued, search was conducted, or arrest made;

6. the statutory or regulatory citation for any warning, citation, or summons issued and the authority for any search conducted; and

7. any other appropriate information.

The bill requires the officers to give the people stopped a printed receipt with the recorded traffic stop information and Spanish and English versions of the notice and complaint instructions. As under existing law, the bill excuses an officer from providing this information if he or she had to leave the location to respond to an emergency or due to exigent circumstances within the scope of his or her duties.

Under existing law, law enforcement officers and other officers authorized to conduct traffic stops must give notice to the person stopped that he or she may file a complaint with the appropriate law enforcement agency along with instructions of how to do so, if the person believes the stop, detention, or search was solely because of his or her race, color, ethnicity, age, gender, sexual orientation, religion, or other protected class membership.

The bill requires officers to use the existing paper form and method, until the electronic form has been developed and implemented, to record appropriate information, excluding identifying information. Until the electronic form has been developed and implemented, the bill suspends the requirement for officers to retain the information collected. However, they must do so for certain periods of time to comply with existing reporting requirements.

The bill broadens CHRO's authority to investigate and proceed on cases involving discriminatory practices. It does so by expanding the definition of “discriminatory practice” to include racial profiling or a violation of the standardized method for traffic stops. By law, anyone who believes he or she has been subject to a discriminatory practice may file a complaint with CHRO.

The duty to record and report traffic stop information applies to DESPP and other departments authorized to conduct traffic stops. They include:

1. municipal and state police;

2. special policemen appointed for state property by the DESPP commissioner;

3. special policemen or state policemen enforcing traffic regulations at the Department of Mental Health and Addiction Services or Department of Children and Families facilities;

4. policemen appointed for a utility or transportation company by DESPP;

5. the motor vehicles commissioner, deputy commissioners, and designated salaried inspectors (who are authorized, by law, to enforce motor vehicle statutes and regulations);

6. State Capitol Police officers;

7. UConn and Connecticut State University System police;

8. state police enforcing traffic regulations at the Veterans' Home; and

9. fire police (who, by law, have powers over traffic control and regulation).

Yea

Nay

(03/27/2015)