Profiling Interim Committee (09/28/2015)

Final
STAFF SUMMARY OF MEETING

PROFILING INTERIM COMMITTEE

Date:	09/28/2015	ATTENDANCE

Time:	09:13 AM to 11:15 AM	Roberts	X
		Salazar	*
Place:	RM 271	Ulibarri	E
		Willett	X
This Meeting was called to order by		Cooke	X
	Representative Williams	Williams	X

This Report was prepared by
	Conrad Imel
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Opening Remarks Law Enforcement Demographic Data Collection Practices in Maryland Requests for Drafting of Committee Legislation		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Recommendation(s) Approved

09:14 AM -- Opening Remarks

Representative Williams, co-chair, called the committee to order. Representative Williams outlined the agenda for the committee.

09:16 AM -- Law Enforcement Demographic Data Collection Practices in Maryland

Mr. Jeffrey Zuback, Research Chief for Maryland Governor's Office of Crime Control and Prevention, testified remotely concerning Maryland's data collection processes. Representative Williams distributed to the committee copies of Maryland House Bill 507 (Attachment A) and Senate Bill 422 (Attachment B). Mr. Zuback presented policies and procedures concerning electronic data collection and citation in Maryland. In response to a question, Mr. Zuback discussed efficiencies realized due to the electronic data collection system. He stated that the system had reduced the duration of traffic stops.

150928 AttachA.pdf

150928 AttachB.pdf

Senator Cooke and Mr. Zuback discussed costs associated with implementing and maintaining electronic data collection and citation systems. They also discussed collecting information related to ethnicity and how Maryland analyzes collected data.

09:26 AM

Mr. Zuback continued to testify regarding Maryland's data collection systems, including providing information on reports issued based on data collected, the number of agencies that use the system, and the police contacts for which the system is used. Mr. Zuback presented information on Maryland's e-ticketing system.

In response to a question, Mr. Zuback provided background on legislation related to data collection. Mr. Zuback also discussed feedback from law enforcement and communities.

09:37 AM

Mr. Zuback offered to send the committee additional information related to Maryland's program.

Representative Williams provided the committee with information relating to data collection programs in other states and she discussed the possibility of an additional committee meeting to learn about such programs. Representative Williams discussed pilot programs, including recommendations from others with experience in other states. Representative Salazar commented on the role of the Colorado Civil Rights Division.

09:48 AM -- Requests for Drafting of Committee Legislation

Mr. Michael Dohr, Office of Legislative Legal Services, explained the process for requesting legislation.

Representative Williams proposed a bill related to electronic citation systems. Mr. Dohr, Representative Salazar, and Senator Cooke discussed the requirements of an electronic citation system, and how such systems are being used in Colorado. Senator Cooke stated his support for self-reporting of race and ethnicity on driver's licenses. The committee discussed the two ideas: electronic citation and self-reporting of race and ethnicity.

09:58 AM

The committee continued to discuss legislation and definitions of terms. The committee also discussed funding and other considerations that need to be made concerning legislation. The committee specifically discussed legislation implementing a pilot program for electronic citation systems, including communities to be included in the pilot program and sources of funding.

10:10 AM

At the committee's request, Mr. Dohr provided clarification on the process for recommending legislation. The committee continued to discuss potential legislation relating to an electronic citation pilot program. The committee specifically discussed methods for collecting information on people's race and ethnicity. The committee discussed the length of a pilot program, with members focusing on a three to five year pilot.

10:21 AM

Mr. Dohr clarified the process for requesting legislation specifically related to drafting fiscal notes. The committee discussed provisions of the pilot program including the law enforcement agencies to be included in the program, the location of included agencies, whether participation should be mandatory, and due process issues.

Mr. Dohr provided a summary of the legislation as discussed by the committee. The committee discussed a suggestion that data from the program should be collected and analyzed by the Department of Public Safety, Department of Revenue, and the Civil Rights Division within the Department of Regulatory Agencies, and that such information should be reported to the General Assembly's Judicial Committees.

10:32 AM

The committee discussed the role of the Civil Rights Division and other agencies involved. The committee also continued to discuss methods for identifying race or ethnicity.


BILL:	Requests for Drafting of Committee Legislation
TIME:	10:43:28 AM
MOVED:	Williams
MOTION:	Approve a bill proposal relating to creating an electronic citation pilot program to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:
		VOTE
	Roberts
	Salazar
	Ulibarri	Excused
	Willett
	Cooke
	Williams

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

10:44 AM

Representative Williams proposed a bill to update the racial profiling statute to include national origin, religion, and sexual orientation. Representative Willett objected to the proposal both because it is outside the charge of the committee and because it may burden law enforcement. The committee discussed the proposal. Representative Williams withdrew her proposal.

10:50 AM

Representative Salazar asked for clarification on the first bill requested by the committee. Representative Salazar and Mr. Dohr reviewed requests provided in an e-mail by Senator Ulibarri to the committee (Attachment C). Senator Roberts proposed a bill concerning self-identifying race and ethnicity to be included in information associated with a person's driver's license. Mr. Dohr provided clarification to the committee on overlapping contents of bill proposals.

150928 AttachA.pdf


BILL:	Requests for Drafting of Committee Legislation
TIME:	10:56:50 AM
MOVED:	Roberts
MOTION:	Approve a bill proposal relating to data collection enhancement to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:
		VOTE
	Roberts
	Salazar
	Ulibarri	Excused
	Willett
	Cooke
	Williams
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

10:57 AM

Representative Salazar continued to discuss bill proposals. Representative Salazar proposed a bill related to reporting alleged profiling-initiated contacts (e-mail from Senator Ulibarri, proposal #2 (Attachment C)). Senator Cooke addressed concerns with the proposal. Representative Salazar amended his request. The committee discussed the proposal, including the duration of the reporting program and whether such information would be publically available.


BILL:	Requests for Drafting of Committee Legislation
TIME:	11:07:56 AM
MOVED:	Salazar
MOTION:	Approve a bill proposal relating to reporting alleged profiling-initiated contacts to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:
		VOTE
	Roberts
	Salazar
	Ulibarri	Excused
	Willett
	Cooke
	Williams
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

11:08 AM

Representative Salazar proposed a bill related to an annual report to the General Assembly (e-mail from Senator Ulibarri, proposal #3 (Attachment C)). Mr. Dohr offered clarification of the request and how it relates to prior bill requests. Representative Salazar withdrew his proposal. Representative Willett requested information related to implementing policies included in prior bill requests from the Office of Legislative Legal Services.

The committee discussed holding an additional committee meeting in October, possibly by conference call.

11:15 AM

The committee adjourned.