BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 953 (Weber) - Law enforcement:  racial profiling
          
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          |Version: June 30, 2015          |Policy Vote: PUB. S. 5 - 1      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 17, 2015   |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          

          Bill  
          Summary:  AB 953 would enact the Racial and Identity Profiling  
          Act of 2015, which would do the following:
           Require each state and local agency that employs peace  
            officers to collect and annually report data to the Attorney  
            General (AG) on all "stops," as defined, for the preceding  
            calendar year.
           Require any peace officer who has a 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.
           Modify the definition of "racial profiling," as specified.
           Commencing July 1, 2016, require the AG to establish the  
            Racial and Identity Profiling Advisory Board (RIPA), to  
            conduct specified activities and issue a report annually on  
            its analysis of specified reported data, training, and racial  
            and identity profiling policies/practices. 


          Fiscal  







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          Impact:  
            Data collection, reporting, retention, and training  :  Major  
            one-time and ongoing costs, potentially in the tens of  
            millions of dollars annually to local law enforcement agencies  
            for data collection, reporting, and retention requirements  
            specified in the bill. Additional costs for training on the  
            process would likely be required. There are currently 482  
            cities and 58 counties in California. To the extent local  
            agency expenditures qualify as a reimbursable state mandate,  
            agencies could claim reimbursement of those costs (General  
            Fund). While costs could vary widely, for context, the  
            Commission on State Mandates' statewide cost estimate for  
            Crime Statistics Reports for the DOJ reflects eligible  
            reimbursement of over $13.6 million per year for slightly over  
            50 percent of local agencies reporting.  
            Racial profiling training  :  Unknown, potentially significant  
            state-reimbursable costs (General Fund) for mandated training  
            periodically over two years for peace officers with sustained  
            complaints of racial or identity profiling. 
            DOJ impact  :  Major one-time and ongoing costs of $2.6 million  
            in 2015-16, $5.9 million in 2016-17, and $5.1 million (General  
            Fund) annually thereafter, for resources to create the  
            database to collect and retain the data, complete data  
            collection, reporting, and analysis requirements. Minor,  
            absorbable impact to aggregate and post annual reports  
            received to its website.
            RIPA  :  One-time costs of $1.7 million in 2015-16, and $3  
            million (General Fund) in 2016-17 and 2017-18 to establish and  
            oversee activities of the Board. Ongoing costs of $1.5 million  
            annually (General Fund) for activities including analyzing  
            data, issuing annual reports, reviewing policies and  
            procedures, and holding at least three annual public meetings.
            CHP impact  :  Potentially significant one-time costs of about  
            $1 million (Motor Vehicle Account) to modify its existing  
            database, create the program to generate the report, and train  
            personnel. Ongoing increase in workload costs potentially in  
            the range of $250,000 to $500,000 (Motor Vehicle Account) for  
            data collection and reporting activities. Data for 2013-14  
            from the CHP indicates approximately 3.1 million enforcement  
            actions potentially subject to the data collection and  
            reporting provisions of this bill.
            CSU/UC police impact  :  Potentially significant ongoing  
            non-reimbursable costs to California State University police  
            and University of California police officers - the CSM has  








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            determined CSU and UC use of campus police is a discretionary  
            act, and therefore any mandated costs are not subject to state  
            reimbursement.


          Background:  Existing law prohibits a law enforcement officer from engaging  
          in racial profiling and provides that the course of basic  
          training for law enforcement officers must 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. Existing law  
          additionally requires every officer to participate in expanded  
          training provided by the Commission on Peace Officer Standards  
          and Training that examines the patterns, practices, and  
          protocols that prevent racial profiling. 
          Under existing law, "racial profiling" is 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.  
          (Penal Code § 13519.4.)


          This bill seeks to facilitate the development of evidence-based  
          policing by establishing a system of collecting and reporting  
          information on law enforcement stops. As noted in the federal  
          Department of Justice publication, A Resource Guide on Racial  
          Profiling Data Collection Systems: Promising Practices and  
          Lessons Learned (2000), " 


                By providing information about the nature,  
                characteristics, and demographics of police  
                enforcement patterns, these data collection  
                efforts have the potential for shifting the  
                rhetoric surrounding racial profiling from  
                accusations, anecdotal stories, and stereotypes  
                to a more rational discussion about the  
                appropriate allocation of police resources.  
                Well-planned and comprehensive data collection  
                efforts can serve as a catalyst for nurturing and  
                shaping this type of community and police  
                discussion.










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          Proposed Law:  
           This bill would enact the Racial and Identity Profiling Act of  
          2015, as follows:
                 Requires, beginning March 1, 2018, each state and local  
               agency that employs peace officers to annually report to  
               the AG data on all "stops," as defined, conducted by that  
               agency's peace officers for the preceding calendar year.
                 Requires the reporting to include the following  
               information for each stop: 
                  o         The time, date, and location of the stop.
                  o         The reason for the stop. 
                  o         The result of the stop, such as no action,  
                    warning, citation, property seizure, or arrest. 
                  o         If a warning or citation was issued, the  
                    warning provided or violation cited.
                  o         If an arrest was made, the offense charged.
                  o         The perceived race or ethnicity, gender, and  
                    approximate age of the person stopped. The  
                    identification of these characteristics shall be based  
                    on the observation and perception of the peace officer  
                    making the stop. For motor vehicle stops, this  
                    requirement applies only to the driver unless actions  
                    taken by the officer apply in relation to a passenger,  
                    in which case his or her characteristics shall also be  
                    reported. 
                  o         Actions taken by the officer during the stop,  
                    including, but not limited to, the following: 
                       §              Whether the officer asked for  
                         consent to search the person, and if so, whether  
                         consent was provided. 
                       §              Whether the officer searched the  
                         person or any property, and if so, the basis for  
                         the search, and the type of contraband or  
                         evidence discovered, if any. 
                       §              Whether the officer seized any  
                         property and, if so, the type of property that  
                         was seized, and the basis for seizing the  
                         property.
                 Provides that if more than one peace officer performs a  
               stop, only one officer is required to collect and report  
               the necessary information. 
                 Prohibits state and local law enforcement agencies from  
               reporting the name, address, social security number, or  
               other unique personal identifying information of persons  








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               stopped, searched, or subjected to a property seizure. 
                 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. 
                 Requires the AG, to issue regulations for the collection  
               and reporting of the required data by January 1, 2017.  
               States the AG should consult with specified stakeholders in  
               issuing the regulations. 
                 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.
                 Requires each state and local law enforcement agency to  
               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. In the event the agency does  
               not have a website, it is to be posted on the DOJ website.
                 Requires retention of the reported data for at least  
               five years. 
                 Mandates that the AG annually analyze the data collected  
               and report its findings from the first analysis by January  
               1, 2019. Reports are to be posted on the DOJ website.
                 Specifies that all data and reports made under these  
               provisions are public records, as specified, and are open  
               to public inspection. 
                 Limits the definition of a "peace officer" for purposes  
               of this section to "members of the California Highway  
               Patrol, a city or county law enforcement agency and  
               California state or university educational institutions."  
               And, the definition explicitly states that peace officer,  
               as used in this section, does not include probation  
               officers and officers in a custodial setting. 
                 Defines "stop" for purposes of this section, as "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." 
                 Revises and expands the content of the DOJ annual report  
               on criminal statistics to report the total number of each  








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               of the following citizen complaints, to be made available  
               to the public and disaggregated for each law enforcement  
               agency: 
                  o         Citizen complaints against law enforcement  
                    personnel; 
                  o         Citizen complaints alleging criminal conduct  
                    of either a felony or misdemeanor; 
                  o         Citizen complaints alleging racial or identity  
                    profiling, disaggregated by the specific type of  
                    racial or identity profiling alleged. 
                 Specifies that the statistics on citizen complaints must  
               identify their dispositions as being sustained, exonerated,  
               not sustained, or unfounded, as specified. 
                 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, 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 and substance of law  
               enforcement activities following a stop, except that an  
               officer may consider or rely on characteristics listed in a  
               specific suspect description. 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."
                 Requires any peace officer who has a 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. 
                 Mandates the AG establish the RIPA beginning July 1,  
               2016, to include the Attorney General or a designee, and 18  
               other members, as specified.
                 Tasks RIPA with the following: 
                  o         Analyzing data reported both under this Act  
                    and other data, as specified; 

                  o         Analyzing law enforcement training on racial  
                    and identity profiling; 

                  o         Working in partnership with state and local  








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                    law enforcement agencies to review and analyze racial  
                    and identity profiling policies and practices; 

                  o         Issuing an annual report the first of which  
                    shall be issued by January 1, 2018, and posting the  
                    reports on its website; and, 

                  o         Holding at least three annual public meetings  
                    to discuss racial and identity profiling and potential  
                    reforms, as specified.

          Prior Legislation:  AB 2133 (Torrico) 2006 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. This bill was not provided a hearing  
          in the Assembly Committee on Public Safety.


          AB 788 (Firebaugh) 2001 would have required the CHP and  
          specified law enforcement agencies to report to the DOJ  
          statistical data regarding traffic stops until January 1, 2008.  
          This bill died on the Assembly Floor.


          SB 1102 (Murray) Chapter 684/2000 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.  


          SB 78 (Murray) 1999 would have required the Commissioner of the  
          CHP to gather data on traffic stops conducted by the CHP and law  
          enforcement agencies of specified counties, and provide a report  
          to the Legislature and the Governor. This bill was vetoed by the  
          Governor.


          AB 1264 (Murray) 1998 would have required the DOJ until January  
          1, 2003, in its annual report on criminal justice statistics to  
          include specified statistics regarding all motorists stopped by  
          law enforcement officers. This bill was vetoed by the Governor  
          whose message stated in part:










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             This bill would require California law enforcement  
             officers to collect information, including race or  
             ethnicity and approximate age and gender, about all  
             motorists subject to traffic stops during a three year  
             reporting period. In addition, the DOJ would be  
             required to collect and report statistical reports in  
             its annual crime statistics report? Nonetheless, some  
             officers, like members of every profession, may fail to  
             fulfill their duties and indulge in biases. This bill  
             would seek to record such incidents over a period of  
             three years at a cost of tens of millions of dollars.  
             The bill, however, ensures that neither officers nor  
             motorists would be identified by name, only in the  
             aggregate. Accordingly, it would be impossible to take  
             meaningful corrective action.

             This bill offers no certain or useful conclusion,  
             assuredly nothing that would justify the major  
             commitment of time, money, and manpower that this bill  
             requires. The investment contemplated by AB 1264 could  
             be more immediately and productively employed by  
             enhancing officer training, encouraging dialogue  
             between enforcement agencies and racially diverse  
             community groups, and taking forceful action against  
             those officers who abuse the privilege of serving all  
             of California's citizens.


          Staff  
          Comments:  
           Data collection, reporting, retention, and training
           This bill requires each state and local agency that employs  
          peace officers to make an annual report including specified data  
          on all "stops" conducted by that agency's peace officers to the  
          DOJ. The bill defines peace officers to include members of the  
          CHP, city or county law enforcement agencies, and the CSU and UC  
          who would be subject to the data collection, reporting, and  
          retention requirements of this bill. There are currently 482  
          cities and 58 counties in the State. While statewide costs  
          cannot be estimated with certainty, given the large number of  
          local agencies and the numerous types of data required to be  
          collected, reported, and retained, these activities could result  
          in major one-time and ongoing costs, potentially in the tens of  
          millions of dollars annually. To the extent local agency  








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          expenditures qualify as a reimbursable state mandate, agencies  
          could claim reimbursement of those costs (General Fund). As an  
          example, the Commission on State Mandates' statewide cost  
          estimate for Crime Statistics Reports for the DOJ reflects  
          eligible reimbursement of over $13.6 million per year for  
          slightly over 50 percent of local agencies reporting.  

          The costs to individual agencies would vary widely and depend on  
          various factors, including but not limited to the size of the  
          agency, the volume of stops to be reported by the agency, the  
          method of collecting the data (which is not specified in the  
          bill), the workload involved to collect the data elements  
          required to be reported, the extent of training conducted by  
          each agency, and storage requirements for each agency (whether  
          electronic or paper). For example, while the workload involved  
          to report the number of stops for an agency that already has an  
          electronic data collection process in place may only require  
          revisions to its existing process and minor training to its  
          officers on the changes, the workload  required for an agency  
          that has no existing process in place would not only potentially  
          incur the costs of development of a new system to collect and  
          report the information, the costs of which would be dependent on  
          how the agency decides to collect the data (whether manually or  
          electronically), but would also incur substantial costs to test  
          the system and train its officers. Whether through manual or  
          electronic collection, agencies at a minimum would likely  
          require the development of a central database and other system  
          enhancements to aggregate the data, report to the DOJ, and  
          retain the information for a minimum of five years as required  
          by the bill.


           Mandated racial profiling training
           This bill requires law enforcement officers who have a complaint  
          of racial or identity profiling that has been sustained to  
          participate in training to correct racial and identity profiling  
          at least every six months for two years. By mandating additional  
          training on local law enforcement agencies, this bill could  
          result in increased state-reimbursable costs to local agencies  
          to provide training to officers and backfill behind these  
          officers during the training period. Costs would be dependent on  
          the number of officers with sustained complaints, the cost of  
          the training course, and the frequency of the training attended  
          (whether every six months or more frequently).








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           RIPA and mandated activities
           The DOJ has indicated costs of $1.7 million in 2015-16, and $3  
          million in each of 2016-17 and 2017-18 to establish the  
          19-member RIPA and oversee/conduct its start-up activities.  
          Ongoing costs are estimated at $1.5 million for activities  
          including but not limited to analyzing data and statistics,  
          issuing annual reports, reviewing and analyzing racial profiling  
          policies and procedures, and holding at least three annual  
          public meetings, which would include costs for travel and  
          overtime.  

           Amendments for consideration:  To reduce the potential costs of  
          this measure, the author may wish to consider reducing the scope  
          of the bill to a pilot program narrowed to specified counties or  
          agencies and/or include a sunset date for the bill's provisions.  
          Narrowing the collection of data to vehicle stops would also  
                                                                       reduce the potential costs of this bill. 


          Alternatively, revising the structure of the bill's language to  
          require the DOJ to include data on stops in its annual report  
          reflecting information from law enforcement agencies reporting  
          this information would potentially remove the mandate on local  
          law enforcement agencies, however, data received would be  
          limited to those agencies voluntarily collecting and reporting  
          this information and would preclude uniformity and the ability  
          to analyze data on a statewide basis.   


           Additional amendments that could reduce the potential costs of  
          the bill include 1) eliminating the mandated five-year data  
          retention period, 2) eliminating the mandated training provision  
          on specified peace officers, and 3) limiting the analysis of the  
          stop data to either the AG or the RIPA, instead of requiring  
          this analysis and separate annual reports by both entities. 




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