A bill for an act relating to public safety; establishing policies to address motorcycle profiling; proposing coding for new law in Minnesota Statutes, chapter 626.
Current Version - as introduced
A bill for an act
relating to public safety; establishing policies to address motorcycle profiling;
proposing coding for new law in Minnesota Statutes, chapter 626.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [626.97] MOTORCYCLE PROFILING.
Subdivision 1. Purpose.
The legislature finds that the reality or public perception of
motorcycle profiling alienates people from police, hinders community policing efforts, and
causes law enforcement to lose credibility and trust among the people law enforcement is
sworn to protect and serve. No stop initiated by a peace officer should be made without a
legitimate reason; the fact that someone rides a motorcycle or wears motorcycle paraphernalia
is not a legitimate reason. Law enforcement policies and training programs must emphasize
the need to respect the balance between the rights of all persons to be free from unreasonable
governmental intrusions and law enforcement's need to enforce the law.
Subd. 2. Definition.
For purposes of this section, "motorcycle profiling" means the
illegal use of the fact that a person rides a motorcycle or wears motorcycle-related
accouterments as a factor in deciding to stop and question, take enforcement action, arrest,
or search a person or vehicle with or without a legal basis under the United States Constitution
or Minnesota Constitution.
Subd. 3. Statewide model policy.
By October 1, 2017, the Board of Peace Officer
Standards and Training, in consultation with the Minnesota Chiefs of Police Association,
the Minnesota Sheriffs Association, the Minnesota Police and Peace Officers Association,
and the Department of Public Safety Motorcycle Safety Advisory Task Force, shall develop
a statewide model training policy designed to eliminate motorcycle profiling from law
enforcement in the state. The model antimotorcycle profiling policy must include training
in:
(1) acts that constitute motorcycle profiling;
(2) tactics for avoiding motorcycle profiling; and
(3) methods for peace officers and their supervisors to identify and respond to motorcycle
profiling by other peace officers.
Subd. 4. Agency policies required.
(a) By November 1, 2017, the chief law enforcement
officer of each state and local law enforcement agency must establish and enforce a written
antimotorcycle profiling policy governing the conduct of peace officers engaged in stops
of citizens. The chief law enforcement officer shall ensure that each peace officer receives
a copy of the agency's antimotorcycle profiling policy. The chief law enforcement officer
also must ensure that each peace officer is aware of the policy's purpose and prohibited
conduct.
(b) The policy must, at a minimum, comply with the requirements of the model policy
adopted by the board under subdivision 3 and require peace officers to give their name and
badge number to each motorcycle operator stopped for any reason.
(c) Each state and local law enforcement agency must certify to the board that the agency
has adopted a written policy in compliance with the board's model policy.
Subd. 5. Compliance reviews.
The board has authority to inspect state and local agency
policies to ensure compliance with subdivision 4. The board may conduct an inspection
based upon a complaint it receives about a particular agency or through a random selection
process.
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