Amended in Senate June 30, 2015

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

begin insert

(Coauthor: Assembly Member Bonta)

end insert begin insert

(Coauthor: Senator Mitchell)

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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 begin delete law enforcement end delete begin insert peace end insert officer from engaging in racial profiling and requires the training prescribe patterns, practices, and protocols that prevent racial profiling, as defined. Existing law requires the Legislative Analyst’s Office to conduct a study of the data that is voluntarily collected by jurisdictions that have instituted a program of data collection with regard to racial profiling.

This bill begin delete , which would be known as end delete begin insert would enact end insert the Racial and Identity Profiling Act of 2015, begin insert which end insert would, among other changes, revise the definition of racial profiling to instead refer to racial or identity profiling, begin delete would end delete begin insert and end insert make a conforming change to the prohibition against begin delete law enforcement end delete begin insert peace end insert officers engaging in that begin delete practice, and would make the prohibition specifically applicable to probation and parole officers. end delete begin insert practice. end insert The bill would also require a begin delete law enforcement end delete begin insert peace end insert 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 each state and local agency that employs peace officers to annually report to the Attorney General on or before March 1, 2018, and each March 1 thereafter, data on all 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, and the reason for the stop. The bill would require the agencies to retain that data for a minimum of 5 years. The bill would also require the Attorney General to analyze the data collected, report its findings from the first analysis by January 1, 2019, issue reports each 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.

SEC. 2.  

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

12525.5.  

(a) Each state and local agency that employs peace
officers shall annually report to the Attorney General data on all
“stops,” as defined in subdivision (j), conducted by that agency’s
peace 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 reporting shall include, at a minimum, the following
information for each stop:

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

(2) The reason for the stop.

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

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

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

(6) 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. 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.

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

(A) Whether the peace officer asked for consent to search the
person, and, if so, whether consent was provided.

(B) Whether the peace officer searched the person or any
property, begin delete and end delete begin insert and, end insert if begin delete so end delete begin insert so, end insert the basis for the begin delete search, end delete begin insert search end insert 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 and the basis for seizing the
property.

(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).

(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.

(e) Not later than January 1, 2017, the Attorney General, in
consultation with stakeholders, 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.

(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,
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.

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

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

(i) All data and reports made pursuant to this section are public
records within the meaning of subdivision (e) of Section 6252,
and are open to public inspection pursuant to Sections 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 begin delete agency, except
probation officers and officers in a custodial setting, end delete begin insert agency, end insert and
California state or university educational institutions. begin insert “Peace
officer,” as used in this section, does not include probation officers
and officers in a custodial setting. end 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.

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) Citizen complaints received by law enforcement agencies
under Section 832.5.

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

(iii) 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 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 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 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.

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
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 a stop
or in deciding upon the scope or substance of law enforcement
activities following a begin delete stop. end delete begin insert stop, except that an officer may consider
or rely on characteristics listed in a specific suspect description. 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 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 begin delete President end delete begin insert Commissioner end insert 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.

(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 of the Penal Code.

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

(C) Work in partnership with state and local law enforcement
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, 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 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. 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.