BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 1953 Hearing Date: June 14, 2016
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|Author: |Weber |
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|Version: |February 12, 2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|JRD |
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Subject: Peace Officers: Civilian Complaints
HISTORY
Source: American Civil Liberties Union of California
Prior Legislation:AB 953 (Weber) - Chapter 466, Statutes of 2015
Support: Unknown
Opposition:None known
Assembly Floor Vote: 75 - 0
PURPOSE
This bill 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 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. (Government
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Code § 12525.5(a)(1).)
Existing law 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. (Government Code § 12525.5(a)(2).)
Existing law requires the report to include the following
information for each stop:
The time, date and location of the stop;
The reason for the stop;
The result of the stop, such as no action, warning,
citation, property seizure, or arrest;
If a warning or citation was issued, the warning
provided or violation cited;
If an arrest was made, the offense charged;
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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.
Actions taken by the peace officer during the stop,
including, but not limited to, the following:
o Whether the peace officer asked for consent to
search the person, and if so, whether consent was
provided;
o 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
o Whether the peace officer seized any property and,
if so, the type of property that was seized, and the
basis for seizing the property.
(Government Code § 12525.5(b)(1)-(7).)
Existing law provides that if more than one peace officer
performs a stop, only one officer is required to collect and
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report the necessary information. (Government Code §
12525.5(c).)
Existing law 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.
(Government Code § 12525.5(d).)
Existing law 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
uniform reporting practices. To the extent possible, the
regulations should also be compatible with any similar federal
data collection or reporting program. (Government Code §
12525.5(e).)
Existing law specifies that all data and reports made under
these provisions are public records, as specified, and are open
to public inspection. (Government Code § 12525.5(f).)
Existing law limits the definition of a "peace officer" for
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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."
(Government Code § 12525.5(g)(1).)
Existing law 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." (Government Code § 12525.5(g)(1).)
Existing law 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:
Citizen complaints against law enforcement personnel;
Citizen complaints alleging criminal conduct of either a
felony or misdemeanor;
Citizen complaints alleging racial or identity
profiling, disaggregated by the specific type of racial or
identity profiling alleged.
(Penal Code § 13012(a)(5)(A).)
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Existing law specifies that the statistics on citizen complaints
must identify their dispositions as being sustained, exonerated,
not sustained, unfounded, as specified. (Penal Code §
13012(a)(5)(B).)
Existing law 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." (Penal Code § 13012(e).)
Existing law prohibits a peace officer from engaging in racial
or identity profiling. (Penal Code § 13012(f).)
Existing law 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.
(Penal Code §13519.4(j)(1).)
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Existing law provides that RIPA shall include the following
members:
The Attorney General, or a designee;
The President of the California Public Defenders
Association, or a designee;
The President of the California Police Chiefs
Association, or a designee;
The President of the California State Sheriffs'
Association, or a designee;
The President of the Peace Officers Research Association
of California, or a designee;
The commissioner of the California Highway Patrol, or a
designee;
A university professor who specializes in policing, and
racial and identity equity;
Two representatives of civil or human rights tax-exempt
organizations who specialize in civil and human rights and
criminal justice;
Two representatives of community organizations
specializing in civil or human rights and criminal justice
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and who work with victims of racial and identity profiling.
At least one representative shall be between 16 and 24
years of age;
Two clergy members who specialize in addressing and
reducing racial and identity bias toward individuals and
groups or practices; and,
Up to two other members that the Governor may prescribe;
Up to two other members that the President Pro Tempore
may prescribe; and,
Up to two other members that the Speaker of the Assembly
may prescribe.
(Penal Code §13519.4(j)(2)(A)-(M).)
Existing law tasks RIPA with the following:
Analyzing data reported, as specified;
Analyzing law enforcement training on racial and
identity profiling;
Work in partnership with state and local law enforcement
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agencies to review and analyze racial and identity
profiling policies and practices;
Conduct, and consult available, evidence based research
on intentional and implicit biases, and law enforcement
stop, search, and seizure tactics
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,
Holding at least three annual public meetings to discuss
racial and identity profiling and potential reforms, as
specified.
(Penal Code §13519.4(j)(3)(A)-(F).)
This bill would delete references to citizens' complaints and
instead refer to them as civilians' complaints.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
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In December of 2015 the administration reported that as "of
December 9, 2015, 112,510 inmates were housed in the State's 34
adult institutions, which amounts to 136.0% of design bed
capacity, and 5,264 inmates were housed in out-of-state
facilities. The current population is 1,212 inmates below the
final court-ordered population benchmark of 137.5% of design bed
capacity, and has been under that benchmark since February
2015." (Defendants' December 2015 Status Report in Response to
February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge
Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One
year ago, 115,826 inmates were housed in the State's 34 adult
institutions, which amounted to 140.0% of design bed capacity,
and 8,864 inmates were housed in out-of-state facilities.
(Defendants' December 2014 Status Report in Response to February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison
population, the state must stabilize these advances and
demonstrate to the federal court that California has in place
the
"durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
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COMMENTS
1.Need for this Legislation
According to the author:
The Government, Penal, and Vehicle Codes currently
encompass the term "citizen" rather than "civilian."
However, the current operation term being utilized by
law enforcement is now "civilian." For example, last
session, the Legislature passed AB 71 (Rodriguez), a
law which now requires law enforcement officers to
report incidents of serious/excessive use of force.
In order to comply with provisions of recently enacted
law, law enforcement agencies will also field and
tally complaints filed against them. In preparation,
agencies have developed forms for this purpose which
includes the term "civilian" rather than "citizen."
This proposal seeks to standardize the accurate term
"civilian" in the various code sections and clarify
that all civilians are eligible to file complaints
against local law enforcement agencies or officers
regardless of citizenship.
2. Effect of Legislation
This legislation simply changes the term "citizen" to "civilian"
in various places in the Government, Penal and Vehicle codes
that relate to citizen complaints against law enforcement.
According to the author and sponsor of this legislation, the
term "civilian" is currently used by law enforcement agencies to
track complaints on a local, state and federal level.
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