BILL NUMBER: AB 953 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 16, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
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 bill bill, which would be known as
the Racial and Identity Profiling Act of 2015,
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 require, on and after July 1, 2017,
require each state and local agency that employs
peace officers to annually report to the Attorney
General, on at least a quarterly basis,
General on or before March 1, 2018, and each March 1 thereafter,
data on all traffic, public transportation, and
pedestrian stops stops, as defined, 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, stop, and the
characteristics of each peace officer involved.
reason for the stop. 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, January 1, 2019, issue reports
each year July 1, January 1, thereafter,
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:
SECTION 1. This act shall be known and may be
cited as the Racial and Identity Profiling Act of 2015
.
SECTION 1. SEC. 2. Section 12525.5 is
added to the Government Code, to read:
12525.5. (a) On and after July 1, 2017, each
Each state and local agency that employs peace officers
shall annually report to the Attorney General, on
at least a quarterly basis, General
data on all traffic, public transportation, and pedestrian
stops "stops," as defined in subdivision (j),
conducted by that agency's peace officers.
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.
(b) The data collection and reporting shall
include, at a minimum, the following information for each
stop, search, or seizure: stop:
(1) The time, date, and location of the stop, search, or
seizure. stop.
(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)
(2) The basis reason 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. stop.
(4)
(3) The result of the stop, such as
stop, such as, no action, warning, citation, property
seizure, or arrest.
(5)
(4) If a warning or citation was issued, the
warning provided or violation cited. warning provided
or violation cited.
(6)
(5) If an arrest was made, the offense charged.
(7)
(6) A description of all persons detained
during the stop. The description The perceived race or
ethnicity, gender, and approximate age of the person stopped,
provided that the identification of these characteristics 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, unless otherwise required by law. The
description shall include, but not be limited to:
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.
(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)
(7) Actions taken by the peace officer during the
stop, stop, including, but not limited
to, the following:
(A) Whether the peace officer asked for consent to frisk
or search any the person,
and and, if so, whether consent was
provided.
(B) Whether the peace officer searched any
the person or any property, and if so,
which persons were searched and what property was searched,
so 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 seized, the person from whom the
property was seized, seized and the basis for
seizing the property.
(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.
(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).
(c)
(d) 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)
(e) Not later than January 1, 2017, the Attorney
General, in consultation with stakeholders, including
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, 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)
(f) 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
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)
(g) Data reported pursuant to this section shall be
retained by the reporting agency for a minimum of five years.
(g)
(h) 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,
January 1, 2019, and shall issue reports on the
first day of each July January
thereafter. The reports shall be available to the public by posting
those reports on the Department of Justice's Internet Web site.
(h)
(i) All data and reports made pursuant to this section
are public records within the meaning of subdivision (d)
(e) of Section 6252, and are open to public
inspection pursuant to Sections 6253, 6256, 6257,
6253 and 6258.
(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.
(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.
SEC. 2. SEC. 3. 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) Citizens Citizen complaints
received by law enforcement agencies under Section 832.5.
(ii) Citizens Citizen complaints
alleging criminal conduct of either a felony or misdemeanor.
(iii) Citizens Citizen 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
based on a consideration of 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 actions 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 and
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.
this section. 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. SEC. 4. 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.
(4) "Stop" has the same meaning as in paragraph (2) of subdivision
(j) of Section 12525.5 of the Government Code.
(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
to this section made by the act that added this paragraph
that more than 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
officer activities following an initial contact. a
stop or in deciding upon the scope or substance of law enforcement
activitie s following a stop. 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 utilize the Tools for Tolerance
for Law Enforcement Professionals framework be
evidence-based 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 President of the Chief Probation Officers of
California, President of the California Association of
Highway Patrolmen, 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 religious clergy members who specialize in
addressing and reducing racial and identity bias toward
individuals and groups based on religious beliefs or
practices. groups.
(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. 13012 of
the Penal Code.
(B) Analyze law enforcement training under Section
13519.4. 13519.4 of the Penal Code.
(C) Investigate and analyze Work in
partnership with state and local law enforcement
agencies' agencies to review and analyze 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
report 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. SEC. 5. 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.