BILL ANALYSIS Ó
AB 953
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Date of Hearing: April 21 2015
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
953 (Weber) - As Amended April 16, 2015
SUMMARY: Modifies the definition of "racial profiling;"
requires local law enforcement agencies to report specified
information on traffic, public transit, and pedestrian stops to
the Attorney General's office; and establishes the Racial and
Identity Profiling Advisory Board (RIPA). Specifically, this
bill:
1)Requires, beginning July 1, 2017, each state and local agency
that employs peace officers to report to the Attorney
General's Office, at least on a quarterly basis, data on all
traffic, public transportation, and pedestrian stops conducted
by that agency's peace officers.
2)Requires the data collected to include the following
information for each stop, search, or seizure:
a) The time, date, and location of the stop, search, or
seizure;
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b) 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;
c) 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;
d) The result of the stop, such as no action, warning,
citation, property seizure, or arrest;
e) If a warning or citation was issued, the warning
provided or violation cited;
f) If an arrest was made, the offense charged;
g) 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,
unless otherwise required by law. The description shall
include, but not be limited to:
i) The number of people stopped;
ii) The race or ethnicity, gender, and age of all people
stopped;
iii) The sexual orientation and religious affiliation, if
any was perceived;
iv) Whether the person stopped had limited English
proficiency;
h) Any mental or physical disability of a person stopped;
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i) Whether the officer previously stopped the person;
j) Specifically as to traffic stops, whether the person was
a driver or passenger;
aa) Actions taken by the officer during the stop, including,
but not limited to, the following:
i) Whether the officer asked for consent to frisk or
search any person, and if so, whether consent was
provided;
ii) Whether the 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;
iii) Whether the 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; and,
iv) Whether the officer used force during the encounter,
and if so, the type of force used and reason for using
the force.
bb) A description of any person upon whom force was used.
The description must be based on the officer's observations
and perceptions, and cannot be obtained by asking the
person, unless otherwise required by law. The description
shall include, but not be limited to:
i) The person's race or ethnicity, gender, and age;
ii) The person's sexual orientation and religious
affiliation, if any was perceived;
iii) Whether the person had limited English proficiency;
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iv) Any perceived mental or physical disability or
preexisting injury or medical condition of the person;
and,
v) Whether the person was homeless.
cc) 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; and
dd) 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.
3)Prohibits state and local law enforcement agencies from
reporting the name, address, social security number, or other
unique personal identifying information of persons stopped,
searched, or subjected to a property seizure.
4)States that, notwithstanding any other law, the data reported
shall be made available to the public to the extent which
release is permissible under state law, with the exception of
badge number, or other unique identifying information of the
officer involved.
5)Requires the Attorney General, to issue regulations for the
collection and reporting of the required data by January 1,
2017. The Attorney General should consult with specified
stakeholders in issuing the regulations.
6)Mandates that the regulations specify all data to be reported,
and provide standards, definitions, and technical
specifications to ensure uniform reporting practices. To the
extent possible, the regulations should also be compatible
with any similar federal data collection or reporting program.
7)Requires each state and local law enforcement agency to
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publicly report the data on an annual basis beginning on July
1, 2018. The report should be posted on the law enforcement
agency's Website, and in the event the agency does not have a
Website, it shall be posted on the Department of Justice (DOJ)
Website.
8)Requires retention of the reported data for at least five
years.
9)Mandates that the Attorney General annually analyze the data
collected and report its findings from the first analysis by
July 1, 2018. Reports are to be posted on the DOJ Website.
10)Specifies that all data and reports made under these
provisions are public records, as specified, and are open to
public inspection.
11)Revises the content of the DOJ annual report on criminal
statistics to report the total number of each of the following
citizen complaints:
a) Citizen complaints against law enforcement personnel;
b) Citizen complaints alleging criminal conduct of either a
felony or misdemeanor;
c) Citizen complaints alleging racial or identity
profiling, disaggregated by the specific type of racial or
identity profiling alleged.
12)Specifies that the statistics on citizen complaints must
identify their dispositions as being sustained, exonerated,
not sustained, unfounded, as specified.
13)Mandates the Attorney General establish RIPA beginning July
1, 2016 for the purpose of eliminating racial and identity
profiling, and improving diversity and racial sensitivity in
law enforcement.
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14)Provides that 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 President of the California State Sheriffs'
Association, or a designee;
e) The President of the Peace Officers Research Association
of California, or a designee;
f) The President of the Chief Probation Officers of
California, or a designee;
g) The Chair of the California Legislative Black Caucus, or
designee;
h) The Chair of the California Latino Legislative Caucus,
or designee;
i) The Chair of the California Asian and Pacific Islander
Legislative Caucus, or designee;
j) The Chair of the California Lesbian, Gay, Bisexual, and
Transgender Legislative Caucus, or designee;
aa) A university professor who specializes in policing, and
racial and identity equity;
bb) Two representatives of civil or human rights tax-exempt
organizations who specialize in civil and human rights and
criminal justice;
cc) Two representatives of community organizations
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specializing in civil or human rights and criminal justice
and who work with victims of racial and identity profiling;
dd) Two clergy members who specialize in addressing and
reducing bias toward individuals and groups based on
religious beliefs or practices; and,
ee) Up to two other members that the Attorney General may
prescribe.
15)Renames "racial profiling" as "racial or identity profiling"
and redefines it as "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."
16)Revises legislative findings and declarations regarding
racial and identity profiling.
17)Requires any peace officer who has a sustained complaint of
racial or identity profiling that is sustained to participate
in training to correct racial and identity profiling at least
every six months for two years.
18)Tasks RIPA with the following:
a) Analyzing data reported, as specified;
b) Analyzing law enforcement training on racial and
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identity profiling;
c) Investigating and analyzing law enforcement agencies'
racial and identity profiling policies and practices;
d) Issuing an annual report; and,
e) Holding at least three annual public meetings to discuss
racial and identity profiling and potential reforms, as
specified.
EXISTING LAW:
1)Prohibits a law enforcement officer from engaging in racial
profiling. (Pen. Code, § 13519.4, subd. (f).)
2)Defines "racial profiling," as "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." (Pen.
Code, § 13519.4, subd. (e).)
3)Requires that the course of basic training for law enforcement
officers 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. (Pen. Code, § 13519.4, subd. (b).)
4)Requires the DOJ to present to the Governor, on or before July
1st, an annual report containing the criminal statistics of
the preceding calendar year. (Pen. Code, § 13010, subd. (g).)
5)Mandates that the annual report contain statistics showing all
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of the following:
a) The amount and the types of offenses known to the public
authorities;
b) The personal and social characteristics of criminals and
delinquents;
c) 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) 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; and,
e) The number of citizens' complaints received by law
enforcement agencies, as specified. The statistics must
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. (Pen. Code, §
13012.)
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6)Requires state and local law enforcement agencies to report
statistical data to the DOJ at those times and in the manner
that the Attorney General prescribes. (Pen. Code, § 13020.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 953 will
help eliminate the harmful and unjust practice of racial and
identity profiling, and improve the relationship between law
enforcement and the communities they serve. AB 953 promotes
equal protection and prevents unreasonable searches and
seizures.
"Peace officers risk their lives every day, and the people of
California greatly appreciate their hard work and dedication
to public safety. At the same time, a recent poll shows that
55% of Californians and 85% of African-Americans in California
believe that 'blacks and other minorities do not receive equal
treatment in the criminal justice system.'<1> Racial and
identity profiling significantly contributes to this lack of
confidence in our justice system.
"Racial and identity profiling occurs when law enforcement
personnel stop, search, seize property from, or interrogate a
person without evidence of criminal activity. Studies show
that profiling often occurs due to unconscious biases about
particular demographic identities.<2>
"AB 953 would prevent profiling by, among other things,
clarifying and modernizing California's current prohibition
---------------------------
<1> Mark Aaldassare et al., Californians & their government,
(PPIC Jan. 2015).
<2> Tracey G. Gove, Implicit Bias and Law Enforcement, Police
Chief Magazine (Oct. 2011),
.)
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against profiling to better account for the ways in which
profiling occurs, establishing a uniform system for collecting
and analyzing data on law enforcement-community interactions,
and establishing an advisory board that investigates profiling
patterns and practices and provides recommendations on how to
curb its harmful impact."
2)Racial Profiling: Racial profiling is a violation of our
constitutional rights against unreasonable searches and
seizures, and equal protection. Existing state and federal
law prohibits law enforcement officers from engaging in racial
profiling. (Pen. Code, § 13519.4, subd. (f).) "Racial
profiling" is currently defined as 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. (Pen. Code,
§ 13519.4, subd. (e).)
Although racial profiling is prohibited, studies show that
racial profiling by law enforcement does occur. For example,
according to a report by the Oakland Police Department
released last week, African-Americans, who compose 28 percent
of Oakland's population, accounted for 62 percent of police
stops from last April to November. The figures also showed
that stops of African-Americans were more likely to result in
felony arrests. And, while African-Americans were more likely
to be searched after being stopped, police were no more likely
to find contraband from searching African-Americans than
members of other racial groups.
(< http://www.mercurynews.com/crime-courts/ci_25410009/report-blac
ks-comprise-62-percent-oakland-police-stops >.)
Likewise, in 2010, the Los Angeles Times reported that "The U.S.
Department of Justice has warned the Los Angeles Police
Department that its investigations into racial profiling by
officers are inadequate and that some cops still tolerate the
practice."?"The Justice Department's concerns, which were
conveyed in a recent letter obtained by The Times, are a
setback for the LAPD, which remains under federal oversight on
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the issue." The article noted, "Profiling complaints
typically occur after a traffic or pedestrian stop, when the
officer is accused of targeting a person solely because of his
or her race, ethnicity, religious garb or some other form of
outward appearance. About 250 such cases arise each year, but
more damaging is the widely held belief, especially among
black and Latino men, that the practice is commonplace."
(< http://articles.latimes.com/2010/nov/14/local/la-me-lapd-bias
-20101114 >.)
3)Argument in Support: According to the Youth Justice
Coalition, a co-sponsor of this bill, "Racial and identity
profiling - the practice of law enforcement stops, searches,
property seizures, and/or interrogations in absence of
evidence of criminal activity - have eroded public trust, led
to humiliation and false detentions of thousands of
Californians, and contribute to an increase in law enforcement
use of force resulting in serious injury and death.
"In March 2015, the President's Task Force on 21st Century
Policing recommended that profiling based on race, color,
ethnicity, national origin, religion gender, sexual
orientation, or mental or physical disability, and other
demographic characteristics, be prohibited.<3>
"Here in California, people throughout our state have long been
plagues by the humiliating and frightening act of racial and
identity profiling. In 2000, the Legislature found that
'racial profiling is a practice that presents a great danger
to the fundamental principles of a democratic society,' and
declared that 'it is abhorrent and cannot be tolerated.'<4>
Subsequently, the Legislative Analyst's Office concluded that
California's current prohibition against such acts is
overvague (sic) and that law enforcement agencies have
---------------------------
<3>
http://www.cops.usdoj.gov/pdf/taskforce/Interim_TF_Report.pdf
<4>
http://www.leginfo.ca.gov/pub/99-00/bill/sen/sb_1101-1150/sb_1102
_bill_20000926_chaptered.html
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resisted following it.<5>
As one of numerous examples, a 2015 report by a police
department in California found that blacks were stopped twice
as often as their driving age demographic representation, and
that blacks and Latinos were less likely to be arrested.<6>
"The persistence of profiling in our state violates the U.S.
and California Constitutions by betraying the fundamental
promise of equal protection, and infringing upon the guarantee
that all people shall be free from unreasonable searches and
seizures. It also misdirects limited resources away from
evidence-based policing and the efficient pursuit of
individuals who actually pose a threat to public safety, thus
making all Californians less safe."
4)Arguments in Opposition:
a) The Peace Officers Research Association of California
writes, "Our officers pride themselves on the fact that all
stops are made justly and for probable cause. They are
rigorously trained by the Commission on Peace Officers
Standards and Training (POST), which includes thorough
training on racial profiling.
"In addition, our officers have already compiled, for many
years now, a lot of the information set forth in your bill,
including race, ethnicity, gender, age, reason for stop,
result of stop, whether the vehicle was searched, and if
so, why, whether a warrant was issued, etc. We believe the
additional information required will take much more of the
officer's time and result in less service to the public."
--------------------------
<5>
http://www.lao.ca.gov/2002/racial_profiling/8-02_racial_profiling
.pdf
<6>
http://www.utsandiego.com/documents/2015/feb/25/san-diego-police-
traffic-stops-report/
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b) The California Police Chiefs Association states, "The
burden created by this mandate will result in significant
officer time spent writing reports, thereby diminishing the
time an officer is able to spend interacting with members
of the community.
"Law enforcement agencies strive every day to maintain
legitimacy within their communities. Currently, officers
are trained to interact and engage with members of the
communities in which they police whether an officer pulls
someone over for a traffic stop or stops someone while out
patrolling the streets on foot.
"Unfortunately, we believe that AB 953 would weaken the
aforementioned relations. While we support legislation
that would encourage, support, and strengthen law
enforcement-community relations, we do not believe that AB
953 represents a productive or efficient means to this
goal."
5)Related Legislation:
a) AB 334 (Cooley) requires training for law enforcement
officers on the profiling of motorcycle riders. AB 334 is
pending hearing in the Assembly Appropriations Committee.
b) AB 619 (Weber) requires the Attorney General to provide
the Legislature an annual report on use-of-force incidents
involving law enforcement and to make the information
available on its Website. AB 619 is being heard in this
Committee today.
6)Prior Legislation:
a) AB 2133 (Torrico), of the 2005-2006 Legislative session,
would have created a state policy of prohibiting racial
profiling and provided for required information to be
gathered and tracked regarding the specifics of traffic
stops. AB 2133 was never heard by this Committee.
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b) AB 788 (Firebaugh), of the 2001-2002 Legislative
session, would have clarified the definition of racial
profiling and required data collection by specified law
enforcement agencies. AB 788 died on the Assembly Inactive
File.
c) SB 1102 (Murray), Chapter 684, Statutes of 2000, states
findings and declarations of the Legislature regarding
racial profiling and requires law enforcement officers to
participate in expanded training as prescribed and
certified by POST.
d) SB 78 (Murray) of the 1999-2000 Legislative Session,
would have required the California Highway Patrol (CHP)
Commissioner to gather specified data regarding traffic
stops conducted by CHP officers, and would have required
POST to present to the Legislature a report containing the
information. SB 78 was vetoed.
e) AB 1264 (Murray), of the 1997-98 Legislative session,
would have required the Attorney General's office to
annually report specified statistics regarding all
motorists stopped by law enforcement officers. AB 1264 was
vetoed.
REGISTERED SUPPORT / OPPOSITION:
Support
American Civil Liberties Union of California (Co-Sponsor)
Youth Justice Coalition (Co-Sponsor)
Alliance for Boys and Men of Color
Alliance San Diego
American Federation of State, County and Municipal Employees
Asian Law Alliance
Black Women for Wellness
Brown Boi Project
California Federation of Teachers
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California Immigrant Policy Center
California Public Defenders Association
Californians United for a Responsible Budget
Center on Juvenile and Criminal Justice
Central American Resource Center, Los Angeles
Community Coalition
Council on American-Islamic Relations
Courage Campaign
Dignity and Power Now
Drug Policy Alliance
Ella Baker Center for Human Rights
Empowering Pacific Islander Communities
Equality California
FACTS Education Fund & Fair Chance Project
Filipino Migrant Center of Southern California
Friends Committee on Legislation of California
GSA Network
Greenlining Institute
Immigrant Legal Resource Center
Immigrant Youth Coalition
Inland Empire Immigrant Youth Coalition
Inner City Struggle
Japanese American Citizens League
Justice for Immigrants Coalition of Inland Southern California
Justice Not Jails
K.W. Lee Center for Leadership
LA Voice
Long Beach Immigrant Rights Coalition
Los Angeles Black Worker Center
Los Angeles LGBT Center
Los Angeles Regional Reentry Partnership
Merced Organizing Project
National Center for Lesbian Rights
National Day Laborer Organizing Network
National Employment Law Project
New Covenant Church
New PATH, Parents for Addiction Treatment & Healing
New Way of Life Reentry Project
Pilipino Workers Center of Southern California
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Placer People of Faith Together
Private Individual
Progressive Christians Uniting
Public Advocates
Reform California
Riverside Coalition for Police Accountability
Root & Rebound
Sacramento Area Congregations Together
Sadler Healthcare
San Francisco Organizing Project
San Francisco Tenants Union
Services, Immigrant Rights, and Education Network
Social Justice Learning Institute
Southeast Asia Resource Action Center
Starting Over, Inc.
Students for Sensible Drug Policy, Whittier Law School
Transgender Law Center
True North Organizing Network
W. Haywood Burns Institute
One Private Individual
Opposition
Association for Los Angeles Deputy Sheriffs
California Association of Highway Patrolmen
California College and University Police Chiefs Association
California Correctional Supervisors Organization
California Police Chiefs Association
California State Sheriffs' Association
Los Angeles Police Protective League
Peace Officers Research Association of California
Riverside Sheriffs Association
Analysis Prepared
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by: Sandy Uribe / PUB. S. / (916) 319-3744