BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1953


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          ASSEMBLY THIRD READING


          AB  
          1953 (Weber)


          As Introduced  February 12, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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  








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            officers for the preceding calendar year.  
          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.   


          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  








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               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 


               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.  


          4)Provides that if more than one peace officer performs a stop,  
            only one officer is required to collect and report the  
            necessary information.   
          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.  


          6)Requires 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  








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            uniform reporting practices.  To the extent possible, the  
            regulations should also be compatible with any similar federal  
            data collection or reporting program.  


          7)Specifies that all data and reports made under these  
            provisions are public records, as specified, and are open to  
            public inspection.  


          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."  


          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."  


          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.  










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          11)Specifies that the statistics on citizen complaints must  
            identify their dispositions as being sustained, exonerated,  
            not sustained, unfounded, as specified.  
          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  
            arrest."  


          13)Prohibits a peace officer from engaging in racial or identity  
            profiling.  


          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.  
             


          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;








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             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;


             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  








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               may prescribe; and,


             cc)  Up to two other members that the Speaker of the Assembly  
               may prescribe.  


          16)Task RIPA with the following:
             a)   Analyzing data reported, as specified;
             b)   Analyzing law enforcement training on racial and  
               identity profiling;


             c)   Working in partnership with state and local law  
               enforcement agencies to review and analyzing racial and  
               identity profiling policies and practices;


             d)   Conducting, and consulting available, evidence based  
               research on intentional and implicit biases, and law  
               enforcement stop, search, and seizure tactics


             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. 


          FISCAL EFFECT:  Unknown.  This bill has been keyed non-fiscal by  
          the Legislative Counsel. 










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          COMMENTS:  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."




          Analysis Prepared by:                                             
                          Gregory Pagan / PUB. S. / (916) 319-3744  FN:  
          0002671