Reducing Mobile Device Theft

Submitted by: Crime Prevention Committee and Police Investigative Operations Committee

CPC.002.t2017

WHEREAS, on February 10, 2012, the Major Cities Chiefs Association issued a resolution which included calling on the United States (US) Federal Communications Commission (FCC) to require communication companies to implement technology to activate tracking devices and disable stolen mobile devices to deter the commission of these thefts; 1 and

WHEREAS, on June 13, 2013, a multinational coalition of law enforcement members, elected leaders and consumer advocates created the "Secure our Smartphones" (SOS) Initiative to end the disturbing trend of robberies involving mobile devices. The SOS lead an initiative to have the mobile device industry to mandatorily implement on-device security features, which allows a consumer to remotely locate, lock, and wipe their mobile device; 2 and

WHEREAS, the SOS published statistics following a manufacturer's adoption of Activation Lock—the first ondevice security feature commercially available in the US—which validated the on-device security feature as an effective tool to deter smartphone crime. For example, during the first five months of 2014, shortly after the introduction of Activation Lock, the theft of devices with this security feature fell by 17 percent in New York City; in the six months after the introduction of Activation Lock, the theft of devices with this security feature fell 24 percent in London, and robberies fell 38 percent in San Francisco. Theft of devices without this feature increased in all three of these jurisdictions; 3 and

WHEREAS, in late 2014, the FCC established the Technological Advisory Council, Mobile Device Theft Prevention (MDTP) Working Group whose mission is to work with industry and law enforcement to increase the security of mobile devices, facilitate coordination of theft related data between industry, law enforcement and the consumer, and track trends in the theft of mobile devices; and

WHEREAS, the MDTP Working Group lead an initiative to have the mobile device industry to voluntarily implement on-device security features which allows a consumer to remotely locate, lock, and wipe their mobile device; and

WHEREAS, while there are no specific nationwide data available for mobile device theft there are multiple datasets regarding crime. Consumer Reports published a survey that an estimated 4.5 million smartphones were lost or stolen in 2013 survey.4 The MDTP Working Group obtained preliminary data from 21 US based police jurisdictions with a population of over 19.7 million which indicated the 2013 phone theft rate of 368.9 phone thefts per 100,000 individuals. Collected law enforcement data combined with FBI crime data would estimate that for 2013 one tenth of all thefts and robberies committed in the US is associated with the theft of a mobile device;5 and

WHEREAS, in 2016, there were nearly 396 million active cellphone subscribers in the United States (US), representing more than one device for every person in the US. For some, mobile devices are their sole means of accessing the internet.6 The sophistication, and value, of mobile devices has increased and have become an integral part of modern society, thus increasing exposure to the user to potential victimization; and

WHEREAS, in 2015, approximately two-thirds of victims of property crimes did not report the crime to law enforcement.7 This would include victims of mobile device theft. However, these same victims often do not wish to incur unauthorized charges and fees for data, minutes and messaging on their lost or stolen devices and will call their wireless service provider to report their device lost or stolen. Wireless service providers report these lost or stolen devices to a global registry operated by the Groupe Spéciale Mobile Association (GSMA); and

WHEREAS, every mobile device (cell phone, tablet, etc.) has a unique serial number known as the IMEI (International Mobile Equipment Identifier.) The GSMA is the custodian of all the IMEIs ever issued to equipment makers.8 Network operators in over 110 countries report lost or stolen mobile devices to the GSMA Device Check database in order to block the reutilization of lost or stolen mobile devices on cellular networks throughout the globe. This global mobile device "blacklist" diminishes the value of stolen devices for criminals and deters the trafficking of stolen devices. Furthermore, this mobile device blacklist can also be used by consumers and legitimate businesses which purchase used mobile devices to screen for, and prevent the purchase of, lost or stolen mobile devices; and

WHEREAS, law enforcement officers may not be aware of the significance or existence of the device identifier, IMEI nor are they fully aware of how to access information that is in the GSMA IMEI Database; 9 and

WHEREAS, law enforcement has the need to identify the status of a mobile device which has been reported stolen by the owner, or has been recovered or otherwise in possession by law enforcement. Status of a device for the purposes of law enforcement includes whether the device has been reported lost or stolen to the service provider last providing service to that device; whether the device is on a "blacklist" identifying it was reported lost or stolen; the enrollment status of on-device theft prevention solutions; whether an individual with whom law enforcement comes into contact is the rightful owner of the smartphone;10 and

WHEREAS, the MDTP Working Group lead an initiative to have the Cellular Telecommunications Industry Association (CTIA) create a free law enforcement online portal in the US to the global GSMA Device Check database known as https://stolenphonechecker.org/spc/law to assist law enforcement in the identification and investigation of lost or stolen mobile devices; 11 and

WHEREAS, law enforcement is aware that mobile devices can contain critically important evidence pertaining to a variety of criminal investigations which include mobile device theft, and that on-device security features often include default device encryption without encryption key recovery. This increasingly places evidence beyond law enforcement reach no matter the circumstances; therefore, be it

RESOLVED, the International Association of Chiefs of Police (IACP) reaffirms its position that due to the vital need for access to all available evidence in criminal investigations, all mass-market device manufacturers should be required to maintain the capability to unlock their devices and make the contents available to law enforcement in response to appropriate legal demands, and that maintaining such a capability is consistent with long-standing tradeoffs on device security and privacy; and, be it

FURTHER RESOLVED, the IACP calls upon all law enforcement agencies to strongly support developing public awareness materials educating and encouraging community members to activate on-device security features on their mobile devices in an effort to prevent and reduce crime; and, be it

FURTHER RESOLVED, the IACP encourages all law enforcement agencies to use the global GSMA Device Check database which can be accessed in the US at www.stolenphonechecker.org/spc.law; in Canada at https://www.devicecheck.ca/law-enforcement/, and in other nations at https://goo.gl/YD7XP4 to identify, and investigate, lost or stolen mobile devices.

1 Major Cities Chiefs Association, Resolution, February 10, 2012, https://www.majorcitieschiefs.com/pdf/news/commdeviceresolution1.pdf

2 Secure our Smartphones Initiative, https://ag.ny.gov/feature/secure-our-smartphones-sos

3 Secure our Smartphones, 2014 Report, Page 12, https://ag.ny.gov/pdfs/SOS%201%20YEAR%20REPORT.pdf

4 4.5 Million smartphones were lost or stolen in 2013, Los Angeles Times, April 17, 2014, http://www.latimes.com/business/technology/la-fi-tn-45-million-smartphones-lost-stolen-2013-20140417-story.html Consumer Reports, May 28, 2014, http://www.consumerreports.org/cro/news/2014/04/smart-phone-thefts-rose-to-3-1- million-last-year/index.htm

5 Federal Communications Commission (FCC) Report of Technological Advisory Council (TAC) Subcommittee on Mobile Device Theft Prevention (MDTP) Analysis and Recommendations for 2015, Criminal Statistics, Page 21-22, https://transition.fcc.gov/bureaus/oet/tac/tacdocs/meeting12414/TAC-MDTP-Report-v1.0-FINAL-TAC-version.pdf

6 CTIA, Wireless Snapshot 2017, https://www.ctia.org/docs/default-source/default-document-library/ctia-wirelesssnapshot.pdf

7 United States Department of Justice, Bureau of Justice Statistics, Criminal Victimization, 2015, Summary, NCJ 250180, October 2016, https://www.bjs.gov/content/pub/pdf/cv15_sum.pdf

8 GSMA, Mobile Equipment Identity, https://www.gsma.com/managedservices/mobile-equipment-identity/

9 Federal Communications Commission (FCC) Report of Technological Advisory Council (TAC) Subcommittee on Mobile Device Theft Prevention (MDTP) Analysis and Recommendations for 2015, Law Enforcement Use Cases, Page 12, https://transition.fcc.gov/bureaus/oet/tac/tacdocs/meeting121015/Report-Mobile-Device-Theft-Prevention.pdf

10 Federal Communications Commission (FCC) Report of Technological Advisory Council (TAC) Subcommittee on Mobile Device Theft Prevention (MDTP) Analysis and Recommendations for 2015, Additional Law Enforcement Considerations, Page 8, https://transition.fcc.gov/bureaus/oet/tac/tacdocs/meeting121015/Report-Mobile-Device-Theft-Prevention.pdf

11 U.S. Wireless Industry Launches Free Tool to Combat Smartphone Theft, May 11, 2017, https://www.ctia.org/industrydata/press-releases-details/press-releases/us-wireless-industry-combats-smartphone-theft

Reducing Crime by Investing in Youth Prevention and Intervention Programs

Submitted by: Crime Prevention Committee, Juvenile Justice & Child Protection Committee, and Victim Services Committee

CPC.003.t2017

WHEREAS, the members of the law enforcement profession work continuously to deter, decrease, and mitigate crime and enhance community well-being while holding perpetrators of crime accountable, and that the majority of juvenile delinquent acts can be deterred with the implementation of prevention and intervention programs based upon the needs of targeted juveniles; and

WHEREAS, there is widespread support among parents, educators, law enforcers, and public officials, for the implementation of juvenile prevention and intervention programs to address the cause of youth crime and delinquency and to promote youth safety; and

WHEREAS, evidence-based programs, promising practices, and shared lessons learned that steer youth away from crime and towards productive lives by increasing the access, affordability and quality of early education and care programs, out of school time programs, voluntary parent coaching programs to reduce child abuse and neglect, and community-based alternative programs; and

WHEREAS, investments in these programs more than pay for themselves in reduced crime and associated costs, reduced welfare and remedial education costs, and the increased revenue generated by the increased productivity of workers; now, be it therefore

RESOLVED, that the International Association of Chiefs of Police (IACP) do hereby call on all public officials to fully fund and implement crime prevention and intervention programs that are evidence based or prove promising to encourage prosocial behavior, strengthen families, increase public and school safety and community engagement, and improve youth development and community outcomes overall.

WHEREAS, it is important for all state and national Capitols, associated facilities and legislative bodies therein to operate in a safe and open environment; and

WHEREAS, efficient and timely notification and instructing people of necessary and appropriate response and action during emergency situations protects lives; and

WHEREAS, we as law enforcement leaders want to ensure that elected officials, employees, visitors, and state and national Capitol facilities are notified rapidly and efficiently of critical incidents occurring on Capitol facilities; now, therefore, be it

RESOLVED, the International Association of Chiefs of Police recommends that all state and national Capitols implement mass notification system protocols to provide rapid and efficient communication to elected officials, employees, and visitors during routine, urgent, and emergency situations on Capitol facilities.

Submitted by: Capitol Police Section

CPS.004.t2017

Nationwide Adoption of Identity, Credential, and Access Management Services and the Trustmark Framework

Submitted by: Communication and Technology Committee

CTC.005.t2017

WHEREAS, the need for further information sharing between law enforcement and justice and public safety in the United States is crucial to protecting the public, public safety responders and for homeland security; and

WHEREAS, public safety and many laws require that the information they share is secured against compromise by outside threats and accessible only to authorized entities; and

WHEREAS, existing identity, credential, and access management (ICAM) solutions have demonstrated their value to the public safety community by actively identity proofing and vetting users on mission critical voice and data networks while promoting collaboration and mutual trust within public safety communities of interest (COI); and

WHEREAS, disparities in current ICAM solutions make it difficult for public safety organizations to confidently and quickly access important information from systems outside of their current domain(s); and

WHEREAS, there is no universally accepted and straightforward process for facilitating trust and interoperability between existing disparate ICAM initiatives; and

WHEREAS, interoperability will be a vital component of ICAM as FirstNet, NextGeneration 911 (NG 9-1-1), and other networks become available to public safety users; and

WHEREAS, in support of the National Strategy for Trusted Identities in Cyberspace (NSTIC), the U.S. Department of Commerce's National Institute of Standards and Technology (NIST) commissioned the Georgia Tech Research Institute (GTRI) to develop and demonstrate a Trustmark Framework that facilitates cost-effective scaling of interoperable trust across multiple Communities of Interest; and

WHEREAS, the Trustmark Framework is supported by the National Law Enforcement Telecommunication System (Nlets), SAFECOM, National Council of Statewide Interoperability Coordinators (NCSWIC) and other key public safety stakeholders; and

WHEREAS, the Trustmark Framework is a means to achieve trust and interoperability between various identity federations without requiring explicit, written bilateral agreements; and

WHEREAS, the Trustmark Framework provides a template for creating nationwide mission critical interoperability by incorporating both existing and future public safety grade ICAM and information sharing and safeguarding solutions; now, therefore be it

RESOLVED, the International Association of Chiefs of Police (IACP) endorses the adoption of the Trustmark Framework in an effort to achieve a federated nationwide ICAM solution and facilitate the secure exchange of law enforcement and justice and public safety information nationwide.

Opposition to Conceal Carry Reciprocity Legislation

Submitted by: Firearms Committee

FC.007.t2017

WHEREAS, the Law Enforcement Officers Safety Act (LEOSA) of 2004 enables retired law enforcement officers to carry a concealed weapon throughout the United States; and

WHEREAS, LEOSA requires retired police officers to receive annual training and qualifications; and

WHEREAS, bills introduced in Congress could give concealed carry authority to untrained and unqualified people this same authority; and

WHEREAS, allowing untrained persons who have no familiarity with a handgun or the mechanical and legal complexities involved with using a handgun and allowing them to carry one in public is irresponsible; and

WHEREAS, it is a concern that individual states that have mandated training requirements for carrying a concealed weapon be forced to accept the concealed carry permits of persons from states that have no requirements whatsoever; and

WHEREAS, such an action puts the general public, the person carrying a firearm, and our law enforcement officers required to respond to the consequences at risk; now, therefore, be it

RESOLVED, that the responsibility of carrying a concealed weapon should include a minimum of familiarization and training with the weapon carried, basic instruction on the fundamentals of carrying a concealed weapon, and understanding of when the use of a concealed weapon is legal and/or advisable; and be it

FURTHER RESOLVED that the International Association of Chiefs of Police opposes Congressional bills similar to the 115^th Congress' HR. 38 that provide concealed carry permit holders with immunity from arrest or detention for violation of any law or any rule or regulation of a state or any political subdivision thereof related to the possession, transportation, or carrying of firearms.

WHEREAS, the International Association of Chiefs of Police (IACP) recognizes the need for law enforcement on a national level to promote transparency between law enforcement and the communities they serve; and

WHEREAS, daily, law enforcement executives must prioritize competing demands for police services and the scope of these demands continues to expand while operating costs increase and available resources diminish; and

WHEREAS, this conflict between available resources and priorities has been detrimental to both traffic law enforcement and crime prevention; and

WHEREAS, in 2015, 35,092 persons lost their lives in fatal traffic crashes in the United States; and

WHEREAS, the most successful traffic safety and crime reduction strategies incorporate community education; external partnerships and narrowly focused law enforcement action in those locations which data analysis reveals as primary traffic crash and crime attractors; and

WHEREAS, the IACP recognizes the need for law enforcement to partner with their governing bodies and/or legislature to educate the community that high visibility traffic law enforcement efforts also have a positive effect on overall crime reduction, thereby reducing social harm and improving the quality of life in all areas; now, therefore be it

RESOLVED, that the IACP calls upon state and local law enforcement to use a comprehensive and collaborative communication approach, with aggressive public education messaging through social media outlets, television, radio, and other media means to both educate and inform the community at large that high visibility traffic law enforcement initiatives are designed and implemented to save lives and reduce injuries from traffic crashes, as well as reduce crime, and do not include revenue generation as a primary purpose.

Submitted by: Highway Safety Committee

HSC.010.t2017

Support for Continued Development of Technology to Reduce Distracted Driving

Submitted by: Highway Safety Committee

HSC.011.t2017

WHEREAS, in 2015, according to National Highway Traffic Safety Administration 3,477 people were killed, and 391,000 were injured in motor vehicle crashes involving distracted drivers; and

WHEREAS, many States currently have laws against text messaging, talking on a cell phone, and other distractions while driving, yet the number of distracted driving related fatalities and injuries continues to increase; and

WHEREAS, technology now exists to prevent the use of a driver's cell phone while a vehicle is in motion; and

WHEREAS, the International Association of Chiefs of Police (IACP) recognizes the need to reduce distracted driving and its associated fatalities and injuries to first responders, the motoring public, pedestrians, and bicyclists; now, therefore be it

RESOLVED, that the IACP calls upon law enforcement officials and transportation officials, including State highway safety offices and highway safety advocacy groups, to strongly support and work in partnership with technology companies to continue both the development and adoption of technologies that reduce a driver's ability to operate a motor vehicle while distracted by cell phones and other portable electronic devices.

Supporting the Codification of State and Federal Legislative Proposals Modeled on the Core Principle of the Kelsey Smith Act

Submitted by: Police Investigative Operations Committee

PIOC.014.t2017

WHEREAS, on June 2, 2007, Kelsey Smith was abducted while shopping at an Overland Park, Kansas department store, and security camera imagery of the parking lot left little doubt that immediate action was urgently required; and

WHEREAS, law enforcement quickly determined that the location of her mobile telephone would be of great value to the investigation, and sought those records from the service provider; and

WHEREAS, current federal law leaves the determination of exigency permitting voluntary disclosure of communications records in the hands of the service provider rather than law enforcement, and is permissive rather than mandatory, and that as a result, for four days, law enforcement was denied access to the relevant records by the service provider while protracted discussions took place between the parties over issues of consent, voluntary compliance, and the validity of law enforcement's declaration of an emergency; and

WHEREAS, within 45 minutes of the eventual disclosure of the location information to law enforcement, Kelsey was found deceased; and

WHEREAS, in 2016, the National Center for Missing and Exploited Children (NCMEC) assisted law enforcement and families with more than 20,500 cases of missing children; and

WHEREAS, approximately 4,000 13-24 year olds are murdered every year in the United States1 ; and from 2003 to 2014 there have been approximately 48,000 13-24 year olds murdered in the United States2 ; and in the first half of 2017, using Verizon Wireless as an example, 27,478 requests for information from law enforcement in emergency matters involving the danger of death or serious physical injury were reported3 ; and

WHEREAS, In the wake of her death, Smith's parents started the Kelsey Smith Foundation to advocate for State and Federal legislation to "provide law enforcement with a way to quickly ascertain the location of a wireless telecommunications device if a person has been determined, by law enforcement, to be at risk of death or serious physical harm due to being kidnapped and/or missing."; and

WHEREAS, in response to the outcome of the Kelsey Smith case, The Kansas Legislature passed the Kelsey Smith Act in 2009 which mandates in part that: "Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location information concerning the telecommunications device of the user to the requesting law enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm."4 ; and

WHEREAS, Kansas passed the Kelsey Smith Act in 2009, and similar legislation has been passed in 21 states; and

WHEREAS, the present discretion for permissive disclosure by a service provider rather than a mandatory disclosure based on a law enforcement declaration of emergency has been responsible for responses that are unwisely delayed or unnecessarily withheld; and

WHEREAS, the same permissive disclosure at the service provider's discretion rather than a mandatory disclosure based on a law enforcement declaration of emergency works to negatively impact public safety and welfare by limiting law enforcement's ability to respond to, prevent and bring to justice those responsible for the murder or serious physical injury of abducted or missing and vulnerable minor or adult victims; and

WHEREAS, In the absence of the core principal of the Kelsey Smith Act, a permissive disclosure at the service provider's discretion rather than a mandatory disclosure based on a law enforcement declaration of emergency negatively impacts the public safety and welfare by restricting law enforcement's ability to quickly access critical information on the cellphones of victims to save lives; now, therefore be it

RESOLVED, that this expedited response should be available in situations involving the disappearance of an individual, the report of a runaway child or report of a missing person for which no criminal charge may be readily apparent but where law enforcement in its professional judgment believes urgency exists; and

RESOLVED, that the IACP strongly supports the ongoing legislative efforts at both the State and Federal levels to codify legislative proposals adopting the core principal of the Kelsey Smith Act, provided that any legislation drafted should conform without compromise to the core principal of the Kelsey Smith act, without the introduction of additional restrictions; and

RESOLVED, that IACP supports the ongoing Congressional effort expended to craft and perfect H.R. 4889 - The Kelsey Smith Act - 114th Congress (2015-2016) and S.2770 - The Kelsey Smith Act - 114th Congress (2015-2016) which are currently languishing in the 115th Congress, consistent with the above statement; and

FURTHER RESOLVED, that the IACP strongly supports efforts by its membership and its Committees to raise awareness on how this issue impacts day-to-day police work and obstructs public safety from obtaining the information necessary to save lives and prevent future deaths

1 Bureau of Justice Statistics

2 FBI UCR Reports

3 http://www.verizon.com/about/portal/transparency-report/us-report/

4 http://kslegislature.org/li_2012/m/statute/022_000_0000_chapter/022_046_0000_article/022_046_0015_section/022_04 6_0015_k.pdf

Support of National Violent Death Reporting System

Submitted by: Research Advisory Committee and Firearms Committee

RAC.015.t2017

WHEREAS, in 2015, per the Center for Disease Control and Prevention, over 61,000 people died violently in the United States, which is seven people dying each hour; approximately 18,000 people died as a result of homicide and 44,000 died from suicide; and

WHEREAS, per the Center for Disease Control and Prevention, violent deaths, including homicides and suicides, cost the United States more than $76 billion in medical care and work-loss costs every year; and

WHEREAS, the number of violent deaths tell only part of the story. Many more survive violence and are left with permanent physical and emotional scars; and

WHEREAS, violence also erodes communities by interfering with quality of life, decreasing property values, and overburdening social services; and

WHEREAS, violence prevention has been hampered by fragmented and incomplete information on the circumstances surrounding homicides and suicides that does not afford an accurate assessment of factors associated with violent death; and

WHEREAS, the Centers for Disease Control and Prevention's (CDC) National Violent Death Reporting System (NVDRS) collects data on violent deaths from a variety of sources, including law enforcement reports, death certificates, and medical examiner and coroner reports. Individually, these sources provide data that explain violence only in a narrow context. Together, these sources offer a comprehensive picture of the circumstances surrounding a homicide or suicide. As a result, NVDRS provides insight into the optimal points for intervention, thus informing and improving violence prevention efforts at the state and local levels to create healthier and safer communities; and

WHEREAS, NVDRS seeks to link records on violent deaths that occurred in the same incident to help identify risk factors for multiple homicides or homicides-suicides; provide timely preliminary information on violent deaths (e.g., basic counts of murders and suicides) through faster data retrieval; describe in detail the circumstances that may have contributed to a violent death; and to better characterize perpetrators, including their relationships to victim(s); and

WHEREAS, current annual funding for NVDRS supports the collection of information in 40 states, the District of Columbia, and Puerto Rico; and

RESOLVED, that the IACP promotes increased law enforcement awareness of and agency participation in the National Violent Death Reporting System (NVDRS) as well as expanded federal funding to enable every state, Tribe, territory, and the District of Columbia to be included in the NVDRS.

Raise the Level of Awareness and Understanding of the Importance of Vehicle Crimes

Submitted by: Vehicle Crimes Committee

VCC.016.t2017

WHEREAS, it is necessary to educate law enforcement executives, their departments, and the general public as to the importance of and connection between vehicle crime and subsequent violent crime; and

WHEREAS, this awareness is important in order to prevent violent crime sprees and their repercussions and to ignite support vital to the sustainability and longevity of auto theft investigative and prosecutorial units across the globe; and

WHEREAS, law enforcement needs to re-engage internal and external audiences in order to highlight crimes that have a tremendous impact on our communities; and

WHEREAS, there must be a joint effort put forth to detect and thwart such crimes; and

WHEREAS, there are four focus areas, to include (1) articulating the connection between auto theft and violent crime, (2) preserving and encouraging funding for auto theft and vehicle crime, (3) defining the understanding of vehicle crimes and their impact, and (4) engaging in predictive policing, community awareness, and hardening targets; and

WHEREAS, there is a need to clearly define the crime for law enforcement and the public for accurate use and understanding and to encourage use of the term; and

WHEREAS, a definition of vehicle crime suggests any crime involving the theft as a whole or parts; fraudulent sale, purchase, insurance or identification; or burglary of a car, truck, motorcycle tractor trailer, ATV, heavy equipment, any other motorized vehicle, or its cargo or contents; and

WHEREAS, law enforcement executives should use the term "vehicle crimes" and understand why they should use it within their agencies and within their communities; and

WHEREAS, national awareness of the importance of vehicle crime as it relates to community safety and the larger picture of predictive policing be implemented; and

WHEREAS, police executives should understand how auto theft and vehicle crimes drive other crimes in their jurisdictions; and

WHEREAS, armed with information based on accurate data, crime control strategies can be developed; and

WHEREAS, such strategies can be the catalyst in the prevention of auto theft, which often is the precursor to other serious and violent crimes; and

WHEREAS, additional strategies include treating auto crimes seriously by directing patrol officers to take full and complete reports; while on patrol, paying attention to indicators of stolen vehicle activity; and providing investigative expertise and resources to quickly follow up on reports of vehicle theft and related crimes; and

WHEREAS, agencies need to actively engage the public in crime prevention efforts and in efforts to change behavior and instill prevention habits, e.g., "Lock your car - take your keys - every time"; and

RESOLVED, that the International Association of Chiefs of Police (IACP) calls upon police executives, crime prevention officers, and public information officers need to emphasize the fact that a stolen vehicle was used to commit a crime and show tangible reasons why the public should pay attention to preventing auto theft; and

FURTHER RESOLVED, the IACP encourages police executives lead the way, as the rank and file, and the community, need to see visible signs of support from the top; and

FURTHER RESOLVED, the IACP calls upon police executives to support auto theft initiatives in the budgeting process and engage community, corporate, and other governmental agencies in the effort; and

FURTHER RESOLVED, that the IACP calls upon police executives to raise awareness and understanding of vehicle crimes.

To Develop and Implement a Universal Definition and the Classification of a "Motor Vehicle" Differentiated From a "Vehicle" as it Pertains to Motor Vehicle Theft

Submitted by: Vehicle Crimes Committee

VCC.017.t2017

WHEREAS, For the Federal Bureau of Investigation (FBI) National Incident-Based Reporting System (Ni-BRS), as defined by the FBI Uniform Crime Reporting (UCR) Program, a motor vehicle is a self-propelled vehicle that runs on the surface of land and not on rails and that fits one of the following descriptions: (1) Automobiles—sedans, coupes, station wagons, convertibles, taxicabs, or other similar motor vehicles serving the primary purpose of transporting people; and

WHEREAS, this classification also includes automobiles used as taxis; sport-utility vehicles, and automobile derivative vehicles; and

WHEREAS, (2) Buses—motor vehicles specifically designed (but not necessarily used) to transport groups of people on a commercial basis; and

WHEREAS, (3) Recreational Vehicles—motor vehicles specifically designed (but not necessarily used) to transport people and provide temporary lodging for recreational purposes; and

WHEREAS, (4) Trucks—motor vehicles specifically designed (but not necessarily used) to transport cargo on a commercial basis; and

WHEREAS, (5) Pickup trucks and pickup trucks with campers, as they meet the definition specifically designed, but not necessarily used, to transport cargo; and

WHEREAS, (6) Other Motor Vehicles-other motorized vehicles, e.g., motorcycles, motor scooters, trail bikes, mopeds, snowmobiles, all-terrain vehicles, or golf carts whose primary purpose is to transport people; and

WHEREAS, For the FBI National Crime Information Center (NCIC) Operating Manual, for NCIC 2000 purposes, a vehicle is any motor-driven conveyance (except a boat) designed to carry its operator; and

WHEREAS, in addition to conveyances meeting this definition, aircraft and trailers are also to be entered in the Vehicle File; and

WHEREAS, a part is defined as any serially-numbered vehicle component which has been stolen from a

Vehicle; and

WHEREAS, if the uniquely serialized part is stolen in conjunction with a vehicle, the part information should be added on to the base vehicle record; and

WHEREAS, the NCIC Manual identifies nine (9) vehicle styles, including: (1) aircraft, (2) all-terrain vehicles, dune buggies, go-carts, golf carts, motorized ride-on toys and motorized wheelchairs, (3) automobiles, (4) construction equipment, (5) farm and garden equipment, (6) motorcycles, (7) snowmobiles, (8) trailers, and (9) trucks; and

WHEREAS, the National Highway Traffic Safety Administration (NHTSA) Manufactured Vehicle Classifications—For NHTSA purposes, "motor vehicles are defined by statute as vehicles that are driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, or highways."; and

WHEREAS, in regulating the manufacture of motor vehicles, NHTSA has established nine various type classifications, which include the following: (1) Passenger Car—A motor vehicle with motive power, except a low-speed vehicle, multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less; and

WHEREAS, (2) Multipurpose Passenger Vehicle—A motor vehicle with motive power, except a low-speed vehicle or trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation; and

WHEREAS, (3) Truck—A motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment; and

WHEREAS, (4) Bus—A motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons; and

WHEREAS, (5) Motorcycle—A motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; and

WHEREAS, (6) Motor-driven Cycle—A motorcycle with a motor that produces 5-brake horsepower or less; and

WHEREAS, (7) Trailer—A motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle; and

WHEREAS, (8) Low-Speed Vehicle—A motor vehicle, that is 4-wheeled, whose speed attainable in 1 mile (1.6 km) is more than 20 miles per hour (32 kilometers per hour) and not more than 25 miles per hour (40 kilometers per hour) on a paved level surface, and whose GVWR (gross vehicle weight rating) is less than 3,000 pounds (1,361 kilograms); and

WHEREAS, (9) Pole Trailer—A motor vehicle without motive power designed to be drawn by another motor vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable generally of sustaining themselves as beams between the supporting connections; and

WHEREAS, 49 CFR (Code of Federal Regulations) Part 523 Vehicle Classifications—The U.S. Code provides for seven classifications of motor vehicles subject to Title V of the Motor Vehicle Information and Cost Savings Act, including (1) automobiles, (2) passenger automobiles, (3) non-passenger automobiles, (4) heavy-duty vehicles, (5) heavy-duty pickup truck and vans, (6) heavy-duty vocational vehicles, and (7) truck tractors; now, therefore be it

RESOLVED that the International Association of Chiefs of Police calls upon the National Highway Traffic Safety Administration (NHTSA) and the Federal Bureau of Investigation (FBI) to jointly develop and implement a universal definition and classification of a "motor vehicle" differentiated from a "vehicle" as it pertains to motor vehicle theft within the reporting systems of the FBI National Crime Information Center (NCIC), FBI Uniform Crime Report (UCR), and the FBI National Incident-Based Reporting System (NIBRS).