BILL ANALYSIS Ó
AB 334
Page 1
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
334 (Cooley) - As AmendedApril 7, 2015
-----------------------------------------------------------------
|Policy |Public Safety |Vote:|5 - 1 |
|Committee: | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
|-------------+-------------------------------+-----+-------------|
| | | | |
| | | | |
| | | | |
-----------------------------------------------------------------
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
Page 2
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
AB 334
Page 3
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
AB 334
Page 4
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