BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                      CONSENT 


          Bill No:  AB 1953
          Author:   Weber (D) 
          Introduced:2/12/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/14/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           ASSEMBLY FLOOR:  75-0, 4/11/16 - See last page for vote

           SUBJECT:   Peace officers:  civilian complaints


          SOURCE:    American Civil Liberties Union of California


          DIGEST:  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.


          ANALYSIS:  


          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.  (Government Code §  
             12525.5(a)(1).)

           2) States that each agency that employs 1,000 or more peace  








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             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).)

           3) Requires, in Government Code Sections 12525.5(b)(1)-(7), 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  








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                   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.   (Government Code § 12525.5(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.  (Government Code § 12525.5(d).)

           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 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).)

           7) 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).)

           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."  (Government  
             Code § 12525.5(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."  (Government Code § 12525.5(g)(1).)

           10)Revises, in Penal Code Section 13012(a)(5)(A), the content  
             of the Department of Justice 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.  

           11)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).)

           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."  (Penal Code § 13012(e).)

           13)Prohibits a peace officer from engaging in racial or  








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             identity profiling.  (Penal Code § 13012(f).)  

           14)Mandates the AG 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).)

           15)Provides, in Penal Code Sections 13519.4(j)(2)(A)-(M), 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;

              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  








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                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. 

           16)Tasks, in Penal Code Sections 13519.4(j)(3)(A)-(F), RIPA  
             with the following:

              a)    Analyze data reported, as specified;

              b)    Analyze 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

              e)    Issue 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)    Hold at least three annual public meetings to discuss  
                racial and identity profiling and potential reforms, as  
                specified. 

          This bill deletes references to citizens' complaints and instead  
          refers to them as civilians' complaints.

          Background








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          This bill 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 bill, the term "civilian" is  
          currently used by law enforcement agencies to track complaints  
          on a local, state and federal level.



          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified  6/15/16)




          American Civil Liberties Union of California (source)




          OPPOSITION:   (Verified6/15/16)


          None received

          ASSEMBLY FLOOR:  75-0, 4/11/16
          AYES:  Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow,  
            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gordon,  
            Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin,  
            Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood








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          NO VOTE RECORDED:  Gonzalez, Medina, Quirk, Rendon


          Prepared by:Jessica  Devencenzi / PUB. S. / 
          6/24/16 15:41:13


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