Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 953

Introduced by Assembly Member Weber

February 26, 2015

An act begin insert to add Sections 12525.5 and 12525.6 to the Government Code, and to amend Section 13519.4 of the Penal Code, end insert relating to racial profiling.

LEGISLATIVE COUNSEL’S DIGEST

AB 953, as amended, Weber. Law enforcement: racial profiling.

Existing law creates the Commission on Peace Officer Standards and Training and requires it to develop and disseminate guidelines and training for all law enforcement officers, as described. Existing law begin insert prohibits a law enforcement officer from engaging in racial profiling and end insert requires the training prescribe patterns, practices, and protocols that prevent racial profiling, as defined. Existing law requires the Legislative Analyst’s Office to conduct a study of the data that is voluntarily collected by jurisdictions that have instituted a program of data collection with regard to racial profiling.

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This bill would declare the intent of the Legislature to enact legislation that revises the definition of “racial profiling” and requires law enforcement departments to collect, analyze, and report data on individual stops in order to identify and eliminate unjustified racial disparities and bias.

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This bill would revise the definition of racial profiling to instead refer to racial and identity profiling, would make a conforming change to the prohibition against law enforcement officers engaging in that practice, and would make the prohibition specifically applicable to probation and parole officers. The bill would also require a law enforcement officer who is found to have engaged in racial or identity profiling to participate in training to correct racial and identity profiling at least every 6 months for 2 years, starting from the date each finding is made.

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The bill would require the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) to eliminate racial and identity profiling and improve diversity and racial sensitivity in law enforcement. The bill would specify the composition of the board. The bill would require the board to investigate and analyze racial and identity profiling policies and practices, to annually make publicly available its findings and recommendations, and to issue the first report no later than January 1, 2018.

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The bill would require, on and after July 1, 2017, each state and local agency that employs peace officers to report to the Attorney General, on at least a quarterly basis, data on all traffic and pedestrian stops conducted by the agency’s peace officers, and require that data to include specified information, including the time, date, and location of the stop, search, or seizure, and the characteristics of each peace officer involved. The bill would require the agencies to retain that data for a minimum of 5 years. The bill would require the Attorney General, no later than January 1, 2017, to issue regulations for the collection and reporting of data. The bill would also require the Attorney General to analyze the data collected, report its findings from the first analysis by July 1, 2018, issue reports each year July 1, and make the reports available to the public by posting them on the Department of Justice’s Internet website.

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The bill would also require each year, on an annual basis, any state or local agency that employs peace, probation, or parole officers to report to the Attorney General, the number of complaints filed in each of the previous three years against peace officers in its employment alleging racial or identity profiling, wrongful arrest, or excessive force. The bill would require RIPA to analyze the complaints received and, by July 1, 2018, to publicly report the information received, its analysis of the information, and its recommendations.

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By imposing a higher level of service on local entities that employ peace officers, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 12525.5 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

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begin insert 12525.5. end insert   

(a) On and after July 1, 2017, each state and local
agency that employs peace officers shall report to the Attorney
General, on at least a quarterly basis, data on all traffic and
pedestrian stops conducted by that agency’s peace officers.

(b) The data collection and reporting shall include, at a
minimum, the following information for each stop, search, or
seizure:

(1) The time, date, and location of the stop, search, or seizure.

(2) The characteristics of each officer involved in the stop,
including, but not limited to, his or her badge or identification
number, race or ethnicity, gender, age, assignment, division or
station, and shift, and whether he or she was in uniform.

(3) The basis for the stop, including, but not limited to, the
offense suspected, and whether the action was initiated in response
to a call for service, and, if the action was initiated in response to
a call for services, the incident identifier.

(4) The result of the stop, such as no action, warning, citation,
property seizure, or custodial arrest.

(5) If a warning or citation was issued, the violation charged
or warning provided.

(6) If an arrest was made, the offense charged.

(7) A description of all persons detained during the stop. The
description shall be based on the observation and perception of
the peace officer making the stop, and the information shall not
be requested from the person stopped. The description shall
include, but not be limited to:

(A) The number of persons stopped.

(B) The perceived or voluntarily disclosed race or ethnicity,
gender, and age of all persons stopped.

(C) Whether any person had language barriers, including, but
not limited to, limited English proficiency.

(D) Any mental or physical disability of a person who was
stopped.

(E) Whether the officer personally knew any person prior to the
stop.

(F) For traffic stops, whether the person was a driver or
passenger.

(8) Actions taken by the peace officer during the stop, including,
but not limited to, the following:

(A) Whether the officer asked if any person was on probation
or parole, and if so, which persons were asked.

(B) Whether the officer asked for consent to frisk or search any
person, and if so, whether consent was provided.

(C) Whether the officer searched any person or property, and
if so, which persons were searched and what property was
searched, the basis for the search, and the type of contraband or
evidence discovered, if any.

(D) Whether the officer seized any property and, if so, the type
of property that was seized, the person from whom the property
was seized, and the basis for seizing the property.

(E) Whether the person was armed with a weapon and, if so,
with what type of weapon.

(F) Whether the officer used force during the encounter, and if
so, the type of force used and reason for using the force.

(9) A description of any person upon whom force was used,
including, but not limited to, all of the following information:

(A) The perceived or voluntarily disclosed race or ethnicity,
gender, sexual orientation, or religion of the person.

(B) Whether the person had limited English proficiency.

(C) Any perceived mental or physical disability or preexisting
injury or medical condition of the person.

(10) Whether any other governmental or nongovernmental
agency or service provider was called to respond to the scene, and
if so, what agency or service provider, and the reason the agency
or service provider was called to respond.

(11) Whether any person sustained any injuries during the
encounter, and if so, which person, and the nature of the injuries
and medical treatment provided.

(c) State and local law enforcement agencies shall not report
the name, address, social security number, or other unique
personal identifying information of persons stopped, searched, or
subjected to a property seizure, for purposes of this section.
Notwithstanding any other law, the data reported shall be available
to the public, except for the badge number or other unique
identifying information of the officer involved, which shall be
released to the public only to the extent the release is permissible
under state law.

(d) Not later than January 1, 2017, the Attorney General, in
consultation with stakeholders, including federal, state, and local
law enforcement agencies and community, professional, academic,
research, and civil rights organizations, shall issue regulations
for the collection and reporting of data required under subdivision
(b). The regulations shall specify all data to be reported, and
provide standards, definitions, and technical specifications to
ensure uniform reporting practices across all reporting agencies.
To the best extent possible, such regulations should be compatible
with any similar federal data collection or reporting program.

(e) Each year, on an annual basis, each state and local law
enforcement agency shall make publicly available a report that
lists the agency’s total results for each data collection criteria
required under subdivision (b). The reports shall include the data
collected during the preceding calendar year. The first round of
the annual reports shall be issued by each agency on or before
July 1, 2018. The Attorney General, in consultation with RIPA,
shall determine the form in which agencies make the information
publicly available. Each state and local law enforcement agency
shall post the reports on the Internet Web site for that agency, or
if an agency does not have an Internet Web site, the Department
of Justice shall post the agency’s reports on its Internet Web site.

(f) Data reported pursuant to this section shall be retained by
the reporting agency for a minimum of five years.

(g) Each year, on an annual basis, the Attorney General shall
analyze the data collected. The Attorney General shall report its
findings from the first analysis by July 1, 2018, and shall issue
reports each July 1 thereafter. The reports shall be available to
the public by posting those reports on the Department of Justice’s
Internet Web site.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 12525.6 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

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begin insert 12525.6. end insert   

(a) Each year, on an annual basis, any state or local
agency that employs peace, probation, or parole officers shall
report to the Attorney General, the number of complaints filed in
each of the previous three years against peace officers in its
employment alleging racial or identity profiling, as defined by
subdivision (e) of Section 13519.4 of the Penal Code, wrongful
arrest, or excessive force. The reports shall include, at minimum,
the specific types of racial or identify profiling alleged in each
complaint, such as based on race, color, age, ethnicity, national
origin, religion, gender identity or expression, sexual orientation,
housing status, or mental or physical disability. The reports shall
also include the disposition for each complaint.

(b) Each year, on an annual basis, RIPA shall analyze the
complaints received from law enforcement pursuant to subdivision
(a) and, by July 1, 2018, publicly report the information received,
its analysis of the information, and its recommendations. The
reports shall not disclose the identity of peace officers.

(c) Not later than July 1, 2017, the Attorney General, in
consultation with stakeholders, including the Racial Profiling
Advisory Board, federal, state, and local law enforcement agencies
and community, professional, university academic, research, and
community and civil rights organizations, shall issue regulations
for the reporting of information pursuant to this section.

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begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 13519.4 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13519.4.  

(a) The commission shall develop and disseminate
guidelines and training for all law enforcement officers in
California as described in subdivision (a) of Section 13510 and
who adhere to the standards approved by the commission, on the
racial and cultural differences among the residents of this state.
The course or courses of instruction and the guidelines shall stress
understanding and respect for racial and cultural differences, and
development of effective, noncombative methods of carrying out
law enforcement duties in a racially and culturally diverse
environment.

(b) The course of basic training for law enforcement officers
shall 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. In
developing the training, the commission shall consult with
appropriate groups and individuals having an interest and expertise
in the field of cultural awareness and diversity.

(c) For the purposes of this section the following shall apply:

(1) “Disability,” “gender,” “nationality,” “religion,” and “sexual
orientation” have the same meaning as in Section 422.55.

(2) “Culturally diverse” and “cultural diversity” include, but
are not limited to, disability, gender, nationality, religion, and
sexual orientation issues.

(3) “Racial” has the same meaning as “race or ethnicity” in
Section 422.55.

(d) The Legislature finds and declares as follows:

(1) Racial profiling is a practice that presents a great danger to
the fundamental principles of a democratic society. It is abhorrent
and cannot be tolerated.

(2) Motorists who have been stopped by the police for no reason
other than the color of their skin or their apparent nationality or
ethnicity are the victims of discriminatory practices.

(3) It is the intent of the Legislature in enacting the changes to
Section 13519.4 of the Penal Code made by the act that added this
subdivision that more than additional training is required to address
the pernicious practice of racial profiling and that enactment of
this bill is in no way dispositive of the issue of how the state should
deal with racial profiling.

(4) The working men and women in California law enforcement
risk their lives every day. The people of California greatly
appreciate the hard work and dedication of law enforcement
officers in protecting public safety. The good name of these officers
should not be tarnished by the actions of those few who commit
discriminatory practices.

(e) “Racial begin insert or identity end insert profiling,” for purposes of this section,
is the begin delete practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any
individualized suspicion of the particular person being stopped. end delete
begin insert consideration of or reliance on, to any degree, actual or perceived
race, color, ethnicity, national origin, religion, gender identity or
expression, sexual orientation, or mental or physical disability in
deciding which persons to subject to routine or spontaneous law
enforcement activities or in deciding upon the scope and substance
of law enforcement activities following an initial contact. The
activities include, but are not limited to, traffic or pedestrian stops,
or actions during a stop, such as, asking questions, frisks,
consensual and nonconsensual searches of a person or any
property, seizing any property, removing vehicle occupants during
a traffic stop, issuing a citation, and making an arrest. end insert

(f) A law enforcement officer shall not engage in racial begin insert or
identity end insert profiling. begin insert For purposes of this subdivision, “law
enforcement” includes, but is not limited to, municipal police,
sheriffs, members of the California Highway Patrol, probation
officers, and parole officers. end insert

(g) Every law enforcement officer in this state shall participate
in expanded training as prescribed and certified by the Commission
on Peace Officers Standards and Training.

(h) The curriculum shall utilize the Tools for Tolerance for Law
Enforcement Professionals framework and shall include and
examine begin delete the end delete begin insert evidence-based end insert patterns, practices, and protocols that
make up racial begin insert and identity end insert profiling begin insert , including implicit bias end insert . This
training shall prescribe begin insert evidence-based end insert patterns, practices, and
protocols that prevent racial begin insert and identity end insert profiling. In developing
the training, the commission shall consult with begin delete appropriate groups
and individuals having an interest and expertise in the field of
racial profiling. end delete begin insert the Racial and Identity Profiling Advisory Board
established pursuant to subdivision (j). end insert The course of instruction
shall include, but not be limited to, begin delete adequate end delete begin insert significant end insert
consideration of each of the following subjects:

(1) Identification of key indices and perspectives that make up
cultural differences among residents in a local community.

(2) Negative impact of begin insert intentional and implicit end insert biases,
prejudices, and stereotyping on effective law enforcement,
including examination of how historical perceptions of
discriminatory enforcement practices have harmed
police-community relations begin insert and contributed to injury, death,
disparities in arrest, detention and incarceration rates, and
wrongful convictions end insert .

(3) The history and the role of the civil rights movement and
struggles and their impact on law enforcement.

(4) Specific obligations of officers in preventing, reporting, and
responding to discriminatory or biased practices by fellow officers.

(5) Perspectives of diverse, local constituency groups and
experts on particular cultural and police-community relations issues
in a local area.

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(6) The prohibition against racial and identity profiling in
subdivision (f).

end insert

(i) Once the initial basic training is completed, each law
enforcement officer in California as described in subdivision (a)
of Section 13510 who adheres to the standards approved by the
commission shall be required to complete a refresher course every
five years thereafter, or on a more frequent basis if deemed
necessary, in order to keep current with changing racial begin insert , identity, end insert
and cultural trends. begin insert A law enforcement officer, as described in
subdivision (f), who is found to have engaged in racial or identity
profiling shall participate in training to correct racial and identity
profiling at least every six months for two years, starting from the
date each finding is made. end insert

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(j) The Legislative Analyst shall conduct a study of the data
being voluntarily collected by those jurisdictions that have
instituted a program of data collection with regard to racial
profiling, including, but not limited to, the California Highway
Patrol, the City of San Jose, and the City of San Diego, both to
ascertain the incidence of racial profiling and whether data
collection serves to address and prevent such practices, as well as
to assess the value and efficacy of the training herein prescribed
with respect to preventing local profiling. The Legislative Analyst
may prescribe the manner in which the data is to be submitted and
may request that police agencies collecting such data submit it in
the requested manner. The Legislative Analyst shall provide to the
Legislature a report and recommendations with regard to racial
profiling by July 1, 2002.

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(j) (1) Beginning July 1, 2016, the Attorney General shall
establish the Racial and Identity Profiling Advisory Board (RIPA)
for the purpose of eliminating racial and identity profiling, and
improving diversity and racial sensitivity in law enforcement.

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(2) RIPA shall include the following members:

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(A) The Attorney General, or a designee.

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(B) The President of the California Public Defenders
Association, or a designee.

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(C) The President of the California Police Chiefs Association,
or a designee.

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(D) The Chair of the Legislative Black Caucus of the California
Legislature, or his or her designee.

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(E) The Chair of the Latino Legislative Caucus of the California
Legislature, or his or her designee.

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(F) The Chair of the Asian and Pacific Islander Caucus of the
California Legislature, or his or her designee.

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(G) The Chair of the Lesbian, Gay, Bisexual, and Transgender
Caucus of the California Legislature, or his or her designee.

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(H) A university professor who specializes in policing, and
racial and identity equity.

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(I) Two representatives of civil rights tax-exempt organizations
who specialize in civil and human rights and criminal justice.

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(J) Two community organizers who specialize in civil or human
rights and criminal justice.

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(K) A clergy member who specializes in addressing and reducing
bias toward individuals and groups based on religious beliefs or
practices.

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(L) Other members as the board may prescribe.

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(3) RIPA shall investigate and analyze racial and identity
profiling policies and practices in law enforcement. RIPA shall
annually make publicly available its findings and
recommendations. The first report of those findings and
recommendations shall be issued no later than January 1, 2018.

end insert

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begin insert SEC. 4. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that revises the definition of “racial profiling” and
requires law enforcement departments to collect, analyze, and
report data on individual stops in order to identify and eliminate
unjustified racial disparities and bias.

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