BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   May 13, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          953 (Weber) - As Amended April 16, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill modifies the definition of "racial profiling";  
          requires, beginning January 1, 2017, state and local law  
          enforcement agencies to report specified information on traffic,  








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          public transit, and pedestrian stops, searches, or seizures to  
          the Attorney General's Office (AG), and post this information on  
          the law enforcement agency's website; requires the AG to issue  
          regulations on the collection and reporting of the information  
          specified; and requires the AG to establish the Racial and  
          Identity Profiling Advisory Board (RIPA) for specified purposes.


          FISCAL EFFECT:


          1)Significant reimbursable mandated costs (GF), in the hundreds  
            of thousands of dollars, by requiring the collection of very  
            specific additional information by local law enforcement  
            personnel, and the reporting of this information by local law  
            enforcement agencies in a format yet to be determined by the  
            Department of Justice (DOJ).


          2)Significant costs to the California Highway Patrol to update  
            their California Automated Reporting System, in the $1 million  
            range Motor Vehicle Account.  In addition, the additional time  
            required to document the additional data points will result in  
            the need for additional officers, or the current service  
            provided will be reduced.  CHP made over four million public  
            contacts in 2013-14.  


          3)Moderate one-time cost to the DOJ in the range of $175,000  
            (GF), a) $100,000 to develop the required regulations in  
            consultation with specified parties by January 1, 2017, and b)  
            $75,000 for information technology costs associated with the  
            programming required to collect and publish the required  
            reports.  


          4)Moderate ongoing costs to the DOJ in the range of $300,000  
            (GF) to staff the proposed RIPA and for RIPA to conduct the  
            required investigations and analysis. 








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          5)Cost to the Commission on Peace Officers Standards and  
            Training (POST) is absorbable if POST can update this  
            definition the next time it updates its racial profiling  
            curriculum. 


          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.'  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. 

          "AB 953 would prevent profiling by, among other things,  
            clarifying and modernizing California's current prohibition  
            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  








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            patterns and practices and provides recommendations on how to  
            curb its harmful impact."

            This will requires law enforcement agencies to collect the  
            following information for each stop, search, or seizure:
             a)   The time, date, and location of the stop, search, or  
               seizure;
             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;
             i)   Whether the officer previously stopped the person;
             j)   Specifically as to traffic stops, whether the person was  
               a driver or passenger;








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             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; 
                  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.








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          2)Background.  Current law prohibits law enforcement officers  
            from engaging in racial profiling, "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."

            Current law 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, and requires local  
            law enforcement agencies to report specified information to  
            the DOJ.  

            CHP is currently collecting and reporting specific data,  
            beyond what is required of other law enforcement agencies, on  
            their contact with the public.

          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.

          4)"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."


          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081











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