§ 22-4611a — Cities, counties, comprehensive plans; contents; data collection

Kansas § 22-4611a

• Jurisdiction: Kansas
• Ch. 22: CRIMINAL PROCEDURE
• Art. 46: GENERAL PROVISIONS

Text

(a) The governing body of a city or the sheriff of the county may develop a comprehensive plan in conjunction with a community advisory board, if one exists, or with community leaders to prevent racial or other biased-based policing or may require the law enforcement agency of such city or county to collect traffic or pedestrian stop data and make such data available to the public.
(b) Any comprehensive plan adopted pursuant to this section shall include the following:
(1) Policies prohibiting racial or other biased-based policing to guide well-meaning officers and address racist officers;
(2) policies to promote the recruitment and hiring of a diverse workforce to ensure the workforce is comprised of people who can police in a race-neutral and nonbiased fashion;
(3) training to promote employees' controlled responses to override racial and other biases;
(4) ongoing training of supervisors to enable them to detect and respond effectively to biased behavior;
(5) implement a style of policing that promotes positive interactions between police officers and all communities;
(6) whether or not the governing body or sheriff has included data collection as part of the comprehensive plan; and
(7) other matters deemed appropriate.
(c) Data collection, if required, may consist of, but shall not be limited to, one or more of the following for every vehicle or pedestrian stop:
(1) Originating agency and officer identifier number;
(2) time and date of the stop;
(3) duration of the stop in ranges of one to 15 minutes, 16 to 30 minutes or more than 30 minutes;
(4) beat, district, territory or response area where the traffic stop is conducted;
(5) primary reason for the officer's investigation, and specifically, whether the stop was call related or self initiated;
(6) primary reason for the stop, and specifically, whether the stop was based on a moving violation, an equipment violation, reasonable suspicion of a criminal offense, other violation, to render service or assistance, suspicious circumstances, pre-existing knowledge or special detail;
(7) if a vehicle stop, the county code of vehicle registration, if registered in Kansas, and state code, if registered outside Kansas;
(8) age, race, gender and ethnicity of the primary person stopped by the officer;
(9) source of the information required by paragraph (8), and specifically, whether it was obtained from officer perception or investigation;
(10) whether the officer was aware of the information required by paragraph (8) prior to the stop;
(11) if a vehicle stop, the number of occupants in the stopped vehicle, including the driver;
(12) type of action taken, including citation, warning, search, arrest, assistance provided or no action. If the action taken is an arrest, the data collection shall also include the type of arrest, including warrant, resisting arrest, property crime, persons crime, drug crime, traffic crime, DUI or other type of arrest;
(13) if a search was conducted, the rationale for the search, including vehicle indicators, verbal indicators, physical or visual indicators, document indicators (DOT), incident to arrest or other rationale;
(14) if a search was conducted, the type of search, including consent search, consent requested but consent denied, inventory, stop and frisk, search warrant, incident to arrest, plain view or probable cause; or
(15) if a search was conducted, the type of contraband seized, if any, including currency, firearms, other weapons, drugs, drug paraphernalia, alcohol products, tobacco products, stolen property or other contraband.
(d) Nothing in this section shall require a governmental entity to collect data concerning pedestrian stops.

Legislative History

L. 2011, ch. 94, § 5; July 1.