BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 334


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          Date of Hearing:   April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          334 (Cooley) - As AmendedApril 7, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill requires training for law enforcement officers on the  
          profiling of motorcycle riders, as defined, and requires local  
          law enforcement agencies to adopt policies preventing the  








                                                                     AB 334


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          profiling of motorcycle riders.  Specifically, this bill:  


          1)Requires that The Commission on Peace Officer Standards and  
            Training (POST) ensure that the profiling of motorcycle riders  
            is addressed in the course of basic law enforcement training  
            and offered to law enforcement officers in conjunction with  
            existing training. 



          2)Defines "profiling of motorcycle riders" as the practice of  
            detaining a suspect based on the fact a person rides a  
            motorcycle or wears motorcycle paraphernalia without any  
            individualized suspicion of the particular person being  
            stopped.



          3)Requires local law enforcement agencies to adopt written  
            policies designed to condemn and prevent the profiling of  
            motorcycle riders.  

          FISCAL EFFECT:


          1)Moderate one-time cost, $120,000 to $350,000 (GF), for POST to  
            develop the required course on motorcycle profiling and review  
            existing curriculum to determine what portion can be  
            eliminated or reduced to incorporate the new course. 


          2)Moderate reimbursable one-time GF costs of $400,000 to  
            $500,000, associated with the requirement for local agencies  
            adopt written policies regarding profiling motorcycle riders.   
            (Assume a cost of at least $1,000 per agency to review and  
            audit existing procedures, practices, and training materials,  
            to ensure local law enforcement agencies do not enable or  
            foster the practice of profiling motorcycle riders and assume  








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            at least 400 agencies will submit a claim for reimbursement.)


          COMMENTS:


          1)Background.  Current law requires POST to establish a  
            certification program for peace officers, which shall be  
            considered professional certificates.  Also requires that the  
            course of basic training for law enforcement officers include  
            adequate instruction on racial and cultural diversity in order  
            to foster mutual respect and cooperation between law  
            enforcement and members of all racial and cultural groups. 

          2)Purpose.  According to the author, "AB 334 ensures that  
            law-abiding, recreational motorcycle riders, including those  
            wearing 'leathers' for safety if their bike goes down, are not  
            unfairly profiled by law enforcement and stopped without other  
            reasonable cause. It directs the Commission on Peace Officer  
            Standards and Training to incorporate and address the  
            profiling of motorcycle riders during continuing law  
            enforcement training. The bill also requires local law  
            enforcement agencies to adopt a written policy to prevent the  
            profiling of motorcycle riders. 
          


          3)Argument in Support:  According to Western States  
            Representative Nicholas Haris of the American Motorcyclist  
            Association, "The motorcycling community is a diverse one, and  
            individual riders deserve to be judged on specific actions and  
            behaviors, not solely by their chosen mode of transportation."  
             Mr. Haris also refers to the fact that similar legislation  
            has been enacted in Washington state in 2011 and has been  
            proposed in Minnesota and Arizona.



          4)Argument in Opposition:  According to the Sacramento County  








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            Deputy Sheriffs' Association, the proposed legislation, ". . .  
            if enacted, will hinder our ability to protect the public by  
            classifying legitimate and constitutional police practices as  
            unlawful.  Additionally, AB 334 expressly states that law  
            enforcement officers shall be banned from legally stopping  
            motorcycle riders in cases where officers have a legal right -  
            and duty - to stop riders in violation of traffic and other  
            laws."



            "This bill in its current form will protect criminal  
            motorcycle gang members and prevent dedicated law enforcement  
            officers from ensuring the safety of the law-abiding public."




          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081