BILL ANALYSIS Ó
AB 1953
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Date of Hearing: March 29, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Chair
AB
1953 (Weber) - As Introduced February 12, 2016
SUMMARY: Makes technical changes throughout sections of the
Penal, Vehicle and Government Codes replacing the term "citizen"
with "civilian" to accurately reflect the term currently used by
law enforcement agencies to track complaints on a local, state
and federal level.
EXISTING LAW:
1)Requires each state and local agency that employs peace
officers to annually report to the Attorney General (AG) data
on all stops, as specified, conducted by that agency's peace
officers for the preceding calendar year. (Gov. Code, §
12525.5, subd. (a)(1).)
2)States that each agency that employs 1,000 or more peace
officers shall issue its first round of reports on or before
April 1, 2019. Each agency that employs more than 667 or more
but less than 1,000 peace officers shall issue its first round
of reports on or before April 1, 2020. 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.
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. (Gov. Code, § 12525.5, subd. (a)(2).)
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3)Requires the report to include the following information for
each stop:
a) The time, date and location of the stop;
b) The reason for the stop;
c) The result of the stop, such as no action, warning,
citation, property seizure, or arrest;
d) If a warning or citation was issued, the warning
provided or violation cited;
e) If an arrest was made, the offense charged;
f) 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 auto
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.
g) Actions taken by the peace officer during the stop,
including, but not limited to, the following:
i) Whether the peace officer asked for consent to
search the person, and if so, whether consent was
provided;
ii) Whether the peace 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; and
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iii) Whether the peace officer seized any property and,
if so, the type of property that was seized, and the
basis for seizing the property. (Gov. Code, § 12525.5,
subd. (b)(1)-(7)
4)Provides that if more than one peace officer performs a stop,
only one officer is required to collect and report the
necessary information. (Gov. Code, § 12525.5, subd. (c).)
5)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. 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. (Gov. Code, § 12525.5, subd. (d).)
6)Required the AG, in consultation with specified stake holders,
to issue regulations for the collection and reporting of the
required data by January 1, 2017. 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. (Gov. Code, § 12525.5,
subd. (e).)
7)Specifies that all data and reports made under these
provisions are public records, as specified, and are open to
public inspection. (Gov. Code, § 12525.5, subd. (f).)
8)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, except probation
officers and officers in a custodial setting, and California
state or university educational institutions." (Gov. Code, §
12525.5, subd. (g)(1).)
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9) 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." (Gov.
Code, § 12525.5, subd. (g)(1).)
10)Revises the content of the Department of Justice (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. (Pen. Code, § 13012, subd.
(a)(5)(A).)
11)Specifies that the statistics on citizen complaints must
identify their dispositions as being sustained, exonerated,
not sustained, unfounded, as specified. (Pen. Code, § 13012,
subd. (a)(5)(B).)
12)Defines "racial or identity profiling" 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. 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
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arrest." (Pen. Code, § 13012, subd. (e).)
13)Prohibits a peace officer from engaging in racial or identity
profiling. (Pen. Code, § 13012, subd. (f).)
14)Mandates the Attorney General establish the Racial and
Identity Profiling Board (RIPA) beginning July 1, 2016, for
the purpose of eliminating racial and identity profiling, and
improving diversity and racial sensitivity in law enforcement.
(Pen. Code, §13519.4, subd. (j)(1).)
15)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 commissioner of the California Highway Patrol, or a
designee;
g) A university professor who specializes in policing, and
racial and identity equity;
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h) Two representatives of civil or human rights tax-exempt
organizations who specialize in civil and human rights and
criminal justice;
i) Two representatives of community organizations
specializing in civil or human rights and criminal justice
and who work with victims of racial and identity profiling.
At least one representative shall be between 16 and 24
years of age;
j) Two clergy members who specialize in addressing and
reducing racial and identity bias toward individuals and
groups or practices; and,
aa) Up to two other members that the Governor may prescribe;
bb) Up to two other members that the President Pro Tempore
may prescribe; and,
cc) Up to two other members that the Speaker of the Assembly
may prescribe. (Pen. Code, §13519.4, subd. (j)(2)(A)-(M).)
16)Task RIPA with the following:
a) Analyzing data reported, as specified;
b) Analyzing law enforcement training on racial and
identity profiling;
c) Work in partnership with state and local law enforcement
agencies to review and analyze racial and identity
profiling policies and practices;
d) Conduct, and consult available, evidence based research
on intentional and implicit biases, and law enforcement
stop, search, and seizure tactics
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e) Issuing a report that that provides RIPA's analysis of
the above, detailed findings on the past and current status
of racial and identity profiling and make policy
recommendations for eliminating racial and identity
profiling; and,
f) Holding at least three annual public meetings to discuss
racial and identity profiling and potential reforms, as
specified. (Pen. Code, §13519.4, subd. (j)(3)(A)-(F).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 1953 would
revise the term "Citizen" to "Civilian" throughout the
Government, Penal, and Vehicle Codes to ensure the statute
reflects the actual term currently being utilized by law
enforcement agencies when conducting duties such as reporting
their activities with members of the public. Additionally, the
bill would clarify that all civilians are eligible to file
complaints regardless of citizenship."
2)Prior Legislation: AB 953 (Weber), Chapter 466, Statutes of
2015, modified the definition of "racial profiling", required
local law enforcement agencies to report specified information
on stops to the AG's office, and established the Racial and
Identity Profiling Advisory Board (RIPA).
REGISTERED SUPPORT / OPPOSITION:
Support
American Civil Liberties Union, California
Opposition
None
AB 1953
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Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744