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 27, 2015 |Consultant: Jolie Onodera |
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*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill
Summary: AB 953 would enact the Racial and Identity Profiling
Act of 2015, which would do the following:
Pursuant to a specified phased-in schedule based on the number
of peace officers employed by an agency, 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.
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
Impact:
AB 953 (Weber) Page 1 of
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Data collection, reporting, retention, and training : Major
future one-time and ongoing costs, potentially in the millions
to tens of millions of dollars annually, once fully phased in,
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.
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 and reporting 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
determined CSU and UC use of campus police is a discretionary
act, and therefore any mandated costs are not subject to state
reimbursement.
AB 953 (Weber) Page 2 of
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Author
Amendments:
Phase-in the mandated data reporting requirement on law
enforcement agencies, as follows:
o Each agency that employs 1,000 or more peace
officers shall issue its first round of reports on or
before April 1, 2019.
o Each agency that employs 667 or more but less
than 1,000 peace officers shall issue its first round
of reports on or before April 1, 2020.
o Each agency that employs 334 or more but less
than 667 peace officers shall issue its first round of
reports on or before April 1, 2022.
o Each agency that employs one or more but less
than 334 peace officers shall issue its first round of
reports on or before April 1, 2023.
Delete the provision requiring 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.
Delete the provision requiring reporting agencies to retain
data records for a minimum of five years.
Delete the overlapping requirement of data analysis by both
the AG and the RIPA to specify the RIPA will retain this
responsibility.
Revise the RIPA membership, as specified, specify a term of
four years for RIPA members, and specify that members of RIPA
shall not receive compensation, nor per diem expenses, for
their services as RIPA members.
Specify that no action of RIPA shall be valid unless agreed to
by a majority of its members.
Make other technical and clarifying changes.
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