BILL NUMBER: AB 953 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Weber
FEBRUARY 26, 2015
An act to add Sections Section
12525.5 and 12525.6 to the Government Code, and to
amend Section Sections 13012 and
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 would would, among other
changes, revise the definition of racial profiling to instead
refer to racial and or 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 the subject of a
complaint of racial or identity profiling that
is sustained 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. a complaint
is found to have been sustained.
The bill would require require, beginning
July 1, 2016, the Attorney General to establish the Racial and
Identity Profiling Advisory Board (RIPA) to eliminate racial and
identity profiling and improve diversity and racial and identity
sensitivity in law enforcement. The bill would specify the
composition of the board. The bill would require the board
board, among other duties, to investigate and
analyze state and local law enforcement agencies '
racial and identity profiling policies and practices, to
annually make publicly available its findings and recommendations,
to hold public meetings annually, as specified, and to
issue the board's first annual 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 traffic
traffic, public transportation, 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 Web site .
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.
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 traffic
traffic, public transportation, 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 peace 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. warning provided or
violation cited.
(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. stopped,
unless otherwise required by law. 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) The sexual orientation and religious affiliation, if any was
perceived.
(C)
( D) Whether any person had
language barriers, including, but not limited to, the
person stopped had limited English proficiency.
(D)
( E) Any mental or physical
disability of a person who was stopped. disability of
a person stopped.
(E)
( F) Whether the peace officer
personally knew any person prior to the stop.
previously stopped the person.
(F)
(G) 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)
( A) Whether the peace officer
asked for consent to frisk or search any person, and if so, whether
consent was provided.
(C)
(B) Whether the peace 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)
(C) Whether the peace 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)
( 9) Whether the peace officer
used force during the encounter, and if so, the type of force used
and reason for using the force.
(9)
( A) A description of any person upon whom
force was used, including, but not limited to, all of the
following information: used.
(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:
(A)
( i) The perceived or voluntarily
disclosed race or ethnicity, gender, sexual
orientation, or religion and age of the person.
(ii) The sexual orientation and religious affiliation of the
person, if any was perceived.
(B)
(iii) Whether the person had limited English
proficiency.
(C)
(iv) Any perceived mental or physical
disability or preexisting injury or medical condition of the person.
(v) Whether the person was homeless.
(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. provided, if
any.
(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 peace 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 and human 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 on the first day of 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.
(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.
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.
SEC. 2. Section 13012 of the Penal Code
is amended to read:
13012. (a) The annual report of the
department provided for in Section 13010 shall contain statistics
showing all of the following:
(a)
(1) The amount and the types of offenses known to the
public authorities.
(b)
(2) The personal and social characteristics of
criminals and delinquents.
(c)
(3) 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.
(d)
(4) 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.
(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.
(5) (A) The total number of each of the following:
(i) Citizens complaints received by law enforcement agencies under
Section 832.5.
(ii) Citizens complaints alleging criminal conduct of either a
felony or misdemeanor.
(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.
(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:
(i) "Sustained," which means that the investigation disclosed
sufficient evidence to prove the truth of allegation in the complaint
by preponderance of evidence.
(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.
(iii) "Not sustained," which means that the investigation failed
to disclose sufficient evidence to clearly prove or disprove the
allegation in the complaint.
(iv) "Unfounded," which means that the investigation clearly
established that the allegation is not true.
(C) The reports under subparagraphs (A) and (B) shall be made
available to the public and disaggregated for each individual law
enforcement agency.
It
(b) It 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.
(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.
(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.
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
peace 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 racial, identity, and cultural
differences, and development of effective, noncombative methods of
carrying out law enforcement duties in a racially and
culturally diverse racial, identity, and cultural
environment.
(b) The course of basic training for law enforcement
peace officers shall include adequate
instruction on racial racial, identity,
and cultural diversity in order to foster mutual respect and
cooperation between law enforcement and members of all
racial racial, identity, 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 racial, identity, and 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) 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.
(1)
(2) Racial or identity profiling is a
practice that presents a great danger to the fundamental principles
of our Constitution and a democratic society. It is
abhorrent and cannot be tolerated.
(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.
(2) Motorists who
(4) Pedestrians, users of public
transportation, and vehicular occupants who have been
stopped stopped, searched, interrogated, and subjected
to a property seizure by the police a
peace officer for no reason other than the color of their
skin or their apparent nationality or ethnicity
skin, national origin, religion, gender identity or
expression, housing status, sexual orientation, or mental or physical
disability are the victims of discriminatory practices.
(3)
(5) It is the intent of the Legislature in enacting the
changes to Section 13519.4 of the Penal Code
this section made by the act that added this
subdivision paragraph that more than additional
training is required to address the pernicious practice of racial
or identity profiling and that enactment of this
bill section is in no way dispositive of the
issue of how the state should deal with racial or identity
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 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 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 in
itial 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 A peace
officer shall not engage in racial or identity profiling.
(g) Every law enforcement peace
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
the evidence-based patterns, practices,
and protocols that make up racial profiling
or identity profiling, including implicit bias . This training
shall prescribe evidenced-based patterns, practices, and
protocols that prevent racial or identity profiling. In
developing the training, the commission shall consult with
appropriate groups and individuals having an interest and expertise
in the field of racial profiling. the Racial and
Identity Profiling Advisory Board established pursuant to subdivision
(j). The course of instruction shall include, but not be
limited to, adequate significant
consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up
racial, identity, and 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 rights, and wrongful convictions .
(3) The history and the role of the civil
and human rights movement and struggles and their impact on law
enforcement.
(4) Specific obligations of peace officers in
preventing, reporting, and responding to discriminatory or biased
practices by fellow peace officers.
(5) Perspectives of diverse, local constituency groups and experts
on particular racial, identity, and cultural and
police-community relations issues in a local area.
(6) The prohibition against racial or identity profiling in
subdivision (f).
(i) Once the initial basic training is completed, each
law enforcement peace 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 and cultural trends. 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.
(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.
(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.
(2) RIPA shall include the following members:
(A) The Attorney General, or his or her designee.
(B) The President of the California Public Defenders Association,
or his or her designee.
(C) The President of the California Police Chiefs Association, or
his or her designee.
(D) The President of California State Sheriffs' Association, or
his or her designee.
(E) The President of the Peace Officers Research Association of
California, or his or her designee.
(F) The President of the Chief Probation Officers of California,
or his or her designee.
(G) The Chair of the California Legislative Black Caucus, or his
or her designee.
(H) The Chair of the California Latino Legislative Caucus, or his
or her designee.
(I) The Chair of the California Asian and Pacific Islander
Legislative Caucus, or his or her designee.
(J) The Chair of the California Legislative Lesbian, Gay,
Bisexual, and Transgender Caucus, or his or her designee.
(K) A university professor who specializes in policing, and racial
and identity equity.
(L) Two representatives of human or civil rights tax-exempt
organizations who specialize in civil or human rights.
(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.
(N) Two clergy members who specialize in addressing and reducing
bias toward individuals and groups based on religious beliefs or
practices.
(O) Up to two other members that the Attorney General may
prescribe.
(3) Each year, on an annual basis, RIPA shall do the following:
(A) Analyze the data reported pursuant to Section 12525.5 of the
Government Code and Section 13012.
(B) Analyze law enforcement training under Section 13519.4.
(C) Investigate and analyze state and local law enforcement
agencies' racial and identity profiling policies and practices.
(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.
(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.
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.