Amended in Assembly June 1, 2015

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 Section 12525.5 to the Government Code, and to amend 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 begin delete bill end delete begin insert bill, which would be known as the Racial and Identity Profiling Act of 2015, end insert would, among other changes, revise the definition of racial profiling to instead refer to racial 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 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 a complaint is found to have been sustained.

The bill would 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, 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 begin delete require, on and after July 1, 2017, end delete begin insert require end insert each state and local agency that employs peace officers to begin insert annually end insert report to the Attorney begin delete General, on at least a quarterly basis, end delete begin insert General on or before March 1, 2018, and each March 1 thereafter, end insert data on all begin delete traffic, public transportation, and pedestrian stops end delete begin insert stops, as defined, end insert conducted by the agency’s peace officers, and require that data to include specified information, including the time, date, and location of the begin delete stop, search, or seizure, end delete begin insert stop, end insert and the begin delete characteristics of each peace officer involved. end delete begin insert reason for the stop. end insert The bill would require the agencies to retain that data for a minimum of 5 years. begin delete The bill would require the Attorney General, no later than January 1, 2017, to issue regulations for the collection and reporting of data. end delete The bill would also require the Attorney General to analyze the data collected, report its findings from the first analysis by begin delete July 1, 2018, end delete begin insert January 1, 2019, end insert issue reports each begin delete year July 1, end delete begin insert January 1, thereafter, end insert and make the reports available to the public by posting them on the Department of Justice’s Internet Web site.

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert This act shall be known and may be cited as the end insert begin insert Racial and Identity Profiling Act of 2015 end insert begin insert . end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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

12525.5.  

(a)  begin delete On and after July 1, 2017, each end delete begin insert Each end insert state and
local agency that employs peace officers shall begin insert annually end insert report to
the Attorney begin delete General, on at least a quarterly basis, end delete begin insert end insert begin insert General end insert data
on all begin delete traffic, public transportation, and pedestrian stops end delete begin insert “stops,”
as defined in subdivision (j), end insert conducted by that agency’s peace
begin delete officers. end delete begin insert officers for the preceding calendar year. Each agency’s
annual report shall be submitted to the Attorney General no later
than March 1 of the following calendar year. The first round of
the annual reports shall be issued on or before March 1, 2018. end insert

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

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

begin delete

(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.

end delete begin delete

(3)

end delete

begin insert (2) end insert  The begin delete basis end delete begin insert reason end insert for the begin delete 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. end delete begin insert stop. end insert

begin delete

(4)

end delete

begin insert (3) end insert  The result of the begin delete stop, such as end delete begin insert stop, such as, end insert no action,
warning, citation, property seizure, or arrest.

begin delete

(5)

end delete

begin insert (4) end insert  If a warning or citation was issued, the begin delete warning provided or
violation cited. end delete begin insert warning provided or violation cited. end insert

begin delete

(6)

end delete

begin insert (5) end insert  If an arrest was made, the offense charged.

begin delete

(7)

end delete

begin insert (6) end insert   begin delete A description of all persons detained during the stop. The
description end delete begin insert The perceived race or ethnicity, gender, and
approximate age of the person stopped, provided that the
identification of these characteristics end insert 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,
unless otherwise required by law. The description shall include,
but not be limited to: end delete begin insert stopped. For motor vehicle stops, this
paragraph only applies to the driver, unless any actions specified
under paragraph (7) apply in relation to a passenger, in which
case the characteristics specified in this paragraph shall also be
reported for him or her. end insert

begin delete

(A) The number of persons stopped.

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

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

(D) Whether the person stopped had limited English proficiency.

(E) Any mental or physical disability of a person stopped.

(F) Whether the peace officer previously stopped the person.

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

(8)

end delete

begin insert (7) end insert  Actions taken by the peace officer during the begin delete stop, end delete begin insert stop, end insert
including, but not limited to, the following:

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

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

(C) Whether the peace officer seized any property and, if so,
the type of property that was begin delete seized, the person from whom the
property was seized, end delete begin insert seized end insert and the basis for seizing the property.

begin delete

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

(A) A description of any person upon whom force was 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:

(i) The race or ethnicity, gender, and age of the person.

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

(iii) Whether the person had limited English proficiency.

(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, if any.

end delete begin insert

(c) If more than one peace officer performs a stop, only one
officer is required to collect and report to his or her agency the
information specified under subdivision (b).

end insert begin delete

(c)

end delete

begin insert (d) end insert  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.

begin delete

(d)

end delete

begin insert (e) end insert  Not later than January 1, 2017, the Attorney General, in
consultation with stakeholders, begin delete including end delete begin insert including the Racial and
Identity Profiling Advisory Board (RIPA) established pursuant to
paragraph (1) of subdivision (j) of Section 13519.4 of the Penal
Code, end insert 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.

begin delete

(e)

end delete

begin insert (f) end insert  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, begin delete or end delete
begin insert or, end insert 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.

begin delete

(f)

end delete

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

begin delete

(g)

end delete

begin insert (h) end insert  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 begin delete July 1, 2018, end delete begin insert January 1, 2019, end insert
and shall issue reports on the first day of each begin delete July end delete begin insert January end insert
thereafter. The reports shall be available to the public by posting
those reports on the Department of Justice’s Internet Web site.

begin delete

(h)

end delete

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

begin insert

(j) (1) For purposes of this section, “peace officer,” as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
2 of the Penal Code, is limited to members of the California
Highway Patrol, a city or county law enforcement agency, except
probation officers and officers in a custodial setting, and California
state or university educational institutions.

end insert begin insert

(2) For purposes of this section, “stop” means any detention
by a peace officer of a person, or any peace officer interaction
with a person in which the peace officer conducts a search,
including a consensual search, of the person’s body or property
in the person’s possession or control.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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:

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

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

(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.

(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.

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

(i)  begin delete Citizens end delete begin insert Citizen end insert complaints received by law enforcement
agencies under Section 832.5.

(ii)  begin delete Citizens end delete begin insert Citizen end insert complaints alleging criminal conduct of
either a felony or misdemeanor.

(iii)  begin delete Citizens end delete begin insert Citizen end insert 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 begin insert based on a consideration of end insert 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 begin delete of category end delete 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 begin delete action end delete begin insert actions end insert 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.

(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 begin insert and end insert 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 begin delete Section 13012. end delete begin insert this section. end insert 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.

begin delete

(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 delete

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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 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, identity, and cultural
differences, and development of effective, noncombative methods
of carrying out law enforcement duties in a diverse racial, identity,
and cultural environment.

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

begin insert

(4) “Stop” has the same meaning as in paragraph (2) of
subdivision (j) of Section 12525.5 of the Government Code.

end insert

(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.

(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.

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

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

(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, age, religion,
gender identity or expression, sexual orientation, or mental or
physical disability in deciding which persons to subject to begin delete officer
activities following an initial contact. end delete begin insert a stop or in deciding upon
the scope or substance of law enforcement activities following a
stop. end insert 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 peace officer shall not engage in racial or identity profiling.

(g) Every 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 begin delete utilize the Tools for Tolerance for Law
Enforcement Professionals framework end delete begin insert be evidence-based end insert and shall
include and examine evidence-based patterns, practices, and
protocols that make up racial 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 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
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 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 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, 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) (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 begin delete President of the Chief Probation Officers of California, end delete
begin insert President of the California Association of Highway Patrolmen, end insert 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 begin insert religious end insert clergy members who specialize in addressing
and reducing begin insert racial and identity end insert bias toward individuals and begin delete groups
based on religious beliefs or practices. end delete begin insert groups. end insert

(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 begin delete 13012. end delete begin insert 13012 of the Penal
Code. end insert

(B) Analyze law enforcement training under Section begin delete 13519.4. end delete
begin insert 13519.4 of the Penal Code. end insert

(C)  begin delete Investigate and analyze end delete begin insert Work in partnership with end insert state and
local law enforcement begin delete agencies’ end delete begin insert agencies to review and analyze end insert
racial and identity profiling policies and practices.

(D) Issue a report that provides RIPA’s analysis under
subparagraphs (A) to (C), inclusive, begin delete including end delete 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 begin delete report’s end delete begin insert report end insert 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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end 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.