Amended in Assembly April 16, 2015

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 to add begin delete Sections end delete begin insert Section end insert 12525.5 begin delete and 12525.6 end delete to the Government Code, and to amend begin delete Section end delete begin insert Sections 13012 and end insert 13519.4 of the Penal Code, 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 prohibits a law enforcement officer from engaging in racial profiling and 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.

This bill begin delete would end delete begin insert would, among other changes, end insert revise the definition of racial profiling to instead refer to racial begin delete and end delete begin insert or end insert 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 begin delete found to have engaged in end delete begin insert the subject of a complaint of end insert racial or identity profiling begin insert that is sustained end insert to participate in training to correct racial and identity profiling at least every 6 months for 2 years, starting from the date begin delete each finding is made. end delete begin insert a complaint is found to have been sustained. end insert

The bill would begin delete require end delete begin insert require, beginning July 1, 2016, end insert the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) to eliminate racial and identity profiling and improve diversity and racial begin insert and identity end insert sensitivity in law enforcement. The bill would specify the composition of the board. The bill would require the begin delete board end delete begin insert board, among other duties, end insert to investigate and analyze begin insert state and local law enforcement agencies end insert begin insert ’ end insert racial and identity profiling policies and practices, to annually make publicly available its findings and recommendations, begin insert to hold public meetings annually, as specified, end insert and to issue the begin insert board’s end insert first begin insert annual end insert report no later than January 1, 2018.

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 begin delete traffic end delete begin insert traffic, public transportation, end insert 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 begin delete website end delete begin insert Web site end insert .

begin delete

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.

end delete

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

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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 12525.5 is added to the Government
Code, to read:

12525.5.  

(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 begin delete traffic end delete begin insert traffic,
public transportation, end insert 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 begin insert peace end insert 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 begin delete custodial end delete arrest.

(5) If a warning or citation was issued, the begin delete violation charged or
warning provided. end delete begin insert warning provided or violation cited. end insert

(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 begin delete stopped. end delete begin insert stopped, unless otherwise
required by law. end insert The description shall include, but not be limited
to:

(A) The number of persons stopped.

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

begin insert

(C) The sexual orientation and religious affiliation, if any was
perceived.

end insert begin delete

(C)

end delete

begin insert ( end insert begin insert D) end insert  Whether begin delete any person had language barriers, including, but
not limited to, end delete begin insert the person stopped had end insert limited English proficiency.

begin delete

(D)

end delete

begin insert ( end insert begin insert E) end insert  Any mental or physical begin delete disability of a person who was
stopped. end delete begin insert disability of a person stopped. end insert

begin delete

(E)

end delete

begin insert ( end insert begin insert F) end insert  Whether the begin insert peace end insert officer begin delete personally knew any person prior
to the stop. end delete begin insert previously stopped the person. end insert

begin delete

(F)

end delete

begin insert (G) end insert  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:

begin delete

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

end delete begin delete

(B)

end delete

begin insert ( end insert begin insert A) end insert  Whether the begin insert peace end insert officer asked for consent to frisk or
search any person, and if so, whether consent was provided.

begin delete

(C)

end delete

begin insert (B) end insert  Whether the begin insert peace end insert 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.

begin delete

(D)

end delete

begin insert (C) end insert  Whether the begin insert peace end insert 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.

begin delete

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

end delete begin delete

(F)

end delete

begin insert ( end insert begin insert 9) end insert  Whether the begin insert peace end insert officer used force during the encounter,
and if so, the type of force used and reason for using the force.

begin delete

(9)

end delete

begin insert ( end insert begin insert A) end insert  A description of any person upon whom force was begin delete used,
including, but not limited to, all of the following information: end delete begin insert used. end insert

begin insert

(B) The description required pursuant to subparagraph (A)
shall be based on the observation and perception of the peace
officer who used force, and the information shall not have been
obtained by requesting it from the person upon whom force was
used, unless otherwise required by law. The description shall
include, but not be limited to, the following:

end insert begin delete

(A)

end delete

begin insert ( end insert begin insert i) end insert  The begin delete perceived or voluntarily disclosed end delete race or ethnicity,
gender, begin delete sexual orientation, or religion end delete begin insert and age end insert of the person.

begin insert

(ii) The sexual orientation and religious affiliation of the person,
if any was perceived.

end insert begin delete

(B)

end delete

begin insert (iii) end insert  Whether the person had limited English proficiency.

begin delete

(C)

end delete

begin insert (iv) end insert begin insert   end insert  Any perceived mental or physical disability or preexisting
injury or medical condition of the person.

begin insert

(v) Whether the person was homeless.

end insert

(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 begin delete provided. end delete begin insert provided, if any. end insert

(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 begin insert peace end insert 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 begin insert and human end insert 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 begin insert on the first day of end insert each July begin delete 1 end delete thereafter. The reports shall
be available to the public by posting those reports on the
Department of Justice’s Internet Web site.

begin insert

(h) All data and reports made pursuant to this section are public
records within the meaning of subdivision (d) of Section 6252, and
are open to public inspection pursuant to Sections 6253, 6256,
6257, and 6258.

end insert

begin delete

SEC. 2.  

Section 12525.6 is added to the Government Code, to
read:

12525.6.  

(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.

SEC. 3.  

Section 13519.4 of the Penal Code is amended to read:

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 or identity profiling,” for purposes of this section,
is the 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.

(f) A law enforcement officer shall not engage in racial or
identity profiling. 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.

(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 evidence-based patterns, practices, and protocols that
make up racial and identity profiling, including implicit bias. This
training shall prescribe evidence-based patterns, practices, and
protocols that prevent racial and identity profiling. In developing
the training, the commission shall consult with the Racial and
Identity Profiling Advisory Board established pursuant to
subdivision (j). The course of instruction shall include, but not be
limited to, significant 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 intentional and implicit biases,
prejudices, and stereotyping on effective law enforcement,
including examination of how historical perceptions of
discriminatory enforcement practices have harmed
police-community relations and contributed to injury, death,
disparities in arrest, detention and incarceration rates, and wrongful
convictions.

(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.

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

(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, identity,
and cultural trends. 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.

(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.

(2) RIPA shall include the following members:

(A) The Attorney General, or a designee.

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

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

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

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

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

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

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

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

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

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

(L) Other members as the board may prescribe.

(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 delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 13012 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

13012.  

begin insert (a) end insert begin insert   end insert The annual report of the department provided for
in Section 13010 shall contain statistics showing all of the
following:

begin delete

(a)

end delete

begin insert (1) end insert  The amount and the types of offenses known to the public
authorities.

begin delete

(b)

end delete

begin insert (2) end insert  The personal and social characteristics of criminals and
delinquents.

begin delete

(c)

end delete

begin insert (3) end insert  The administrative actions taken by law enforcement,
judicial, penal, and correctional agencies or institutions, including
those in the juvenile justice system, in dealing with criminals or
delinquents.

begin delete

(d)

end delete

begin insert (4) end insert  The administrative actions taken by law enforcement,
prosecutorial, judicial, penal, and correctional agencies, including
those in the juvenile justice system, in dealing with minors who
are the subject of a petition or hearing in the juvenile court to
transfer their case to the jurisdiction of an adult criminal court or
whose cases are directly filed or otherwise initiated in an adult
criminal court.

begin delete

(e) The number of citizens’ complaints received by law
enforcement agencies under Section 832.5. These statistics shall
indicate the total number of these complaints, the number alleging
criminal conduct of either a felony or misdemeanor, and the
number sustained in each category. The report shall not contain a
reference to any individual agency but shall be by gross numbers
only.

end delete begin insert

(5) (A) The total number of each of the following:

end insert begin insert

(i) Citizens complaints received by law enforcement agencies
under Section 832.5.

end insert begin insert

(ii) Citizens complaints alleging criminal conduct of either a
felony or misdemeanor.

end insert begin insert

(iii) Citizens complaints alleging racial or identity profiling, as
defined in subdivision (e) of Section 13519.4. These statistics shall
be disaggregated by the specific type of racial or identity profiling
alleged, such as race, color, ethnicity, national origin, religion,
gender identity or expression, sexual orientation, or mental or
physical disability.

end insert begin insert

(B) The statistics reported under this paragraph shall provide,
for each category of category of complaint identified under
subparagraph (A), the number of complaints within each of the
following disposition categories:

end insert begin insert

(i) “Sustained,” which means that the investigation disclosed
sufficient evidence to prove the truth of allegation in the complaint
by preponderance of evidence.

end insert begin insert

(ii) “Exonerated,” which means that the investigation clearly
established that the action of the personnel that formed the basis
of the complaint are not a violation of law or agency policy.

end insert begin insert

(iii) “Not sustained,” which means that the investigation failed
to disclose sufficient evidence to clearly prove or disprove the
allegation in the complaint.

end insert begin insert

(iv) “Unfounded,” which means that the investigation clearly
established that the allegation is not true.

end insert begin insert

(C) The reports under subparagraphs (A) and (B) shall be made
available to the public and disaggregated for each individual law
enforcement agency.

end insert begin delete

It

end delete

begin insert (b) end insert begin insert   end insert begin insert It end insert shall be the duty of the department to give adequate
interpretation of the statistics and so to present the information
that it may be of value in guiding the policies of the Legislature
and of those in charge of the apprehension, prosecution, and
treatment of the criminals and delinquents, or concerned with the
prevention of crime and delinquency. The report shall also include
statistics which are comparable with national uniform criminal
statistics published by federal bureaus or departments heretofore
mentioned.

begin insert

(c) Each year, on an annual basis, the Racial Identity Profiling
Board (RIPA), established pursuant to paragraph (1) of subdivision
(j) of Section 13519.4, shall analyze the statistics reported pursuant
to subparagraphs (A) and (B) of paragraph (5) of subdivision (a)
of Section 13012. RIPA’s analysis of the complaints shall be
incorporated into its annual report as required by paragraph (3)
of subdivision (j) of Section 13519.4. The reports shall not disclose
the identity of peace officers.

end insert begin insert

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

end insert

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 begin delete law enforcement end delete begin insert peace end insert 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 begin delete racial end delete begin insert racial, identity, end insert and cultural
differences, and development of effective, noncombative methods
of carrying out law enforcement duties in a begin delete racially and culturally end delete
diverse begin insert racial, identity, and cultural end insert environment.

(b) The course of basic training for begin delete law enforcement end delete begin insert peace end insert
officers shall include adequate instruction on begin delete racial end delete begin insert racial, identity, end insert
and cultural diversity in order to foster mutual respect and
cooperation between law enforcement and members of all begin delete racial end delete
begin insert racial, identity, end insert 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 begin insert racial,
identity, and end insert 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:

begin insert

(1) 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 peace 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.

end insert begin delete

(1)

end delete

begin insert (2) end insert  Racial begin insert or identity end insert profiling is a practice that presents a great
danger to the fundamental principles of begin insert our Constitution and end insert a
democratic society. It is abhorrent and cannot be tolerated.

begin insert

(3) Racial or identity profiling alienates people from law
enforcement, hinders community policing efforts, and causes law
enforcement to lose credibility and trust among the people whom
law enforcement is sworn to protect and serve.

end insert begin delete

(2) Motorists who

end delete

begin insert (4) end insert begin insert   end insert begin insert Pedestrians, users of public transportation, and vehicular
occupants who end insert have been begin delete stopped end delete begin insert stopped, searched, interrogated,
and subjected to a property seizure end insert by begin delete the police end delete begin insert a peace officer end insert
for no reason other than the color of their begin delete skin or their apparent
nationality or ethnicity end delete begin insert skin, national origin, religion, gender
identity or expression, housing status, sexual orientation, or mental
or physical disability end insert are the victims of discriminatory practices.

begin delete

(3)

end delete

begin insert (5) end insert  It is the intent of the Legislature in enacting the changes begin delete to
Section 13519.4 of the Penal Code end delete begin insert this section end insert made by the act
that added this begin delete subdivision end delete begin insert paragraph end insert that more than additional
training is required to address the pernicious practice of racial begin insert or
identity end insert profiling and that enactment of this begin delete bill end delete begin insert section end insert is in no
way dispositive of the issue of how the state should deal with racial
begin insert or identity end insert profiling.

begin delete

(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.

end delete

(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, age, religion, gender identity
or expression, sexual orientation, or mental or physical disability
in deciding which persons to subject to officer 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)  begin delete A law enforcement end delete begin insert A peace end insert officer shall not engage in racial
begin insert or identity end insert profiling.

(g) Every begin delete law enforcement end delete begin insert peace end insert 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 delete profiling end delete begin insert or identity profiling, including implicit
bias end insert . This training shall prescribe begin insert evidenced-based end insert patterns,
practices, and protocols that prevent racial begin insert or 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
begin insert racial, identity, and end insert 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 rights, and
wrongful convictions end insert .

(3) The history and begin delete the end delete role of the civil begin insert and human end insert rights
movement and struggles and their impact on law enforcement.

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

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

begin insert

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

end insert

(i) Once the initial basic training is completed, each begin delete law
enforcement end delete begin insert peace end insert 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 begin delete racial and cultural
trends. end delete begin insert racial, identity, and cultural trends. In addition to any
remedies provided in law or equity, any peace officer who is the
subject of a complaint of racial or identity profiling that is
sustained shall participate in training to correct racial or identity
profiling at least every six months for two years, starting from the
date a complaint is found to have been sustained. end insert

begin delete

(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.

end delete begin insert

(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 and identity sensitivity in law
enforcement.

end insert begin insert

(2) RIPA shall include the following members:

end insert begin insert

(A) The Attorney General, or his or her designee.

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(D) The President of California State Sheriffs’ Association, or
his or her designee.

end insert begin insert

(E) The President of the Peace Officers Research Association
of California, or his or her designee.

end insert begin insert

(F) The President of the Chief Probation Officers of California,
or his or her designee.

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(L) Two representatives of human or civil rights tax-exempt
organizations who specialize in civil or human rights.

end insert begin insert

(M) Two representatives of community organizations who
specialize in civil or human rights and criminal justice, and work
with victims of racial and identity profiling.

end insert begin insert

(N) Two clergy members who specialize in addressing and
reducing bias toward individuals and groups based on religious
beliefs or practices.

end insert begin insert

(O) Up to two other members that the Attorney General may
prescribe.

end insert begin insert

(3) Each year, on an annual basis, RIPA shall do the following:

end insert begin insert

(A) Analyze the data reported pursuant to Section 12525.5 of
the Government Code and Section 13012.

end insert begin insert

(B) Analyze law enforcement training under Section 13519.4.

end insert begin insert

(C) Investigate and analyze state and local law enforcement
agencies’ racial and identity profiling policies and practices.

end insert begin insert

(D) Issue a report that provides RIPA’s analysis under
subparagraphs (A) to (C), inclusive, including detailed findings
on the past and current status of racial and identity profiling, and
makes recommendations for eliminating racial and identity
profiling. RIPA shall post the report’s on its Internet Web site.
The first annual report shall be issued no later than January 1,
2018. The reports are public records within the meaning of
subdivision (d) of Section 6252 of the Government Code and are
open to public inspection pursuant to Sections 6253, 6256, 6257,
and 6258 of the Government Code.

end insert begin insert

(E) Hold at least three public meetings annually to discuss racial
and identity profiling, and potential reforms to correct racial and
identity profiling. Each year, one meeting shall be held in northern
California, one in central California, and one in southern
California. RIPA shall provide the public with notice at least 60
days prior to each meeting.

end insert

SEC. 4.  

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.