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