Missouri HB 2070: Establishes "The John Ashcroft Fourth Amendment Affirmation Act."

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2070
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DOGAN.
4285H.02I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 590.650, RSMo, and to enact in lieu thereof one new section relating to
prohibitions against discriminatory policing.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 590.650, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 590.650, to read as follows:
590.650. 1. The provisions of this section shall be known and may be cited as "The
2 John Ashcroft Fourth Amendment Affirmation Act". As used in this section ["minority
3 group" means individuals of African, Hispanic, Native American or Asian descent] the
4 following terms mean:
5 (1) "Benchmark", the number used as a basis of comparison in determining
6 possible disproportions in law enforcement activities, which shall only include the
7 following:
8 (a) The benchmark for measuring disproportions in vehicle stops shall be the
9 proportions of drivers in racial or ethnic groups residing in a jurisdiction;
10 (b) The benchmark for measuring disproportions in post-stop activities shall be the
11 racial or ethnic group's proportion of stops; and
12 (c) The benchmark used to measure disproportions in hit rates shall be the group
13 proportions of drivers searched;
14 (2) "Consent search", a search authorized by the consent of the individual, not by
15 probable cause;
16 (3) "Discriminatory policing", circumstances in which the peace officer's actions
17 are based in whole or in part on the real or perceived race, ethnicity, religious beliefs,
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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18 gender, English language proficiency, status as a person with a disability, or a person's
19 national origin rather than upon specific and articulable facts which, taken together with
20 rational inferences from those facts, reasonably indicate criminal activity. "Discriminatory
21 policing" does not include investigations of alleged crimes when law enforcement must seek
22 out suspects who match a specifically delineated description;
23 (4) "Hit rate", the rate of searches in which contraband is found. The hit rate is
24 calculated by dividing the number of searches that yield contraband by the total number
25 of searches. Hit rate may be calculated for individual officers, agencies, or multiple
26 agencies;
27 (5) "Investigative stop", any stop, by a peace officer, of a motor vehicle based on
28 reasonable suspicion or probable cause and not a motor vehicle violation. Investigative
29 stops can involve calls for service, stops conducted in support of an agency investigation,
30 stops conducted because of a peace officer's observations, stops made at a sobriety
31 checkpoint or other road block, or other investigatory stops;
32 (6) "Minority group", individuals of African, Hispanic, Native American, or Asian
33 descent;
34 (7) "Ratio of disparity", the ratio of the rate of stops or other peace officer activities
35 for a nonwhite group as compared to the rate for the white group. The ratio of disparity
36 for the white group shall be the white group rate compared to the rate for nonwhite
37 groups;
38 (8) "Significant disproportion", a ratio of disparity that differs significantly from
39 the overall state ratio of disparity for any minority group for that category of peace officer
40 activity. The attorney general shall determine what deviation from the overall state ratio
41 of disparity warrants further scrutiny after considering factors other than discrimination.
42 The attorney general shall find any ratio of disparity that is over one hundred twenty-five
43 percent of the overall state disparity for any minority group for that category of peace
44 officer activity to be a significant disproportion.
45 2. Each time a peace officer stops a driver of a motor vehicle, that officer shall report at
46 least the following information to the law enforcement agency that employs the officer:
47 (1) The age, gender and race or minority group of the individual stopped;
48 (2) Whether the driver resides in the jurisdiction of the stop;
49 (3) The reasons for the stop. Reasons for an investigative stop may include, but are
50 not limited to, calls for service, stops conducted in support of an agency investigation, stops
51 conducted because of a peace officer's observations, and stops made at a sobriety
52 checkpoint or other road block;
53 [(3)] (4) Whether a search was conducted as a result of the stop;

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54 [(4)] (5) If a search was conducted, whether the individual consented to the search, how
55 the individual's consent was documented, the probable cause for the search, whether the
56 person was searched, whether the person's property was searched, and th