BILL NUMBER: AB 2524 AMENDED
AMENDED IN ASSEMBLY MARCH 14, 2016
INTRODUCED BY Assembly Member Irwin
FEBRUARY 19, 2016
An act to amend Section
of the Government Code, and to amend Sections 13010,
13010.5, 13012, 13012.6, 13013, 13014, 13023, and 13519.4 of the
Penal Code, relating to criminal justice.
LEGISLATIVE COUNSEL'S DIGEST
AB 2524, as amended, Irwin. Criminal justice statistics:
data set. OpenJustice Data Act of 2016.
Existing law requires the Department of Justice to collect certain
criminal justice data from specified persons and agencies, and to
present an annual report to the Governor containing the criminal
statistics of the preceding calendar year, in addition to other
reports, as specified. Existing law requires the department to
prepare and distribute to all those persons and agencies cards,
forms, or electronic means used in reporting data to the department.
This bill would instead require the department to make available
to the public information relating to criminal statistics through the
department's OpenJustice Web portal, to be updated at least once per
quarter, and would limit the reporting format of the criminal
justice data to electronic means. The bill would require the
department to transition to digital collection of all data by January
1, 2018. The bill would also provide legislative findings and
declarations relating to the OpenJustice Web portal.
This bill would make conforming changes to related provisions,
concerning the interpretation and distribution of the criminal
statistics, the maintenance of a specified data set, reports issued
by the Racial and Identity Profiling Advisory Board, and information
about homicide, hate crimes, identity theft, and the juvenile justice
system. The bill would also make technical, nonsubstantive changes
to these provisions.
By requiring local agencies to use electronic means to submit
specified information to the department, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
Existing law requires the Department of Justice to collect
specified criminal justice information from local law enforcement
agencies and prepare an annual report presenting the collected data.
Existing law also requires the department to maintain a data set,
updated annually, relating to crimes reported, number of clearances,
and clearance rates reported by local law enforcement agencies.
Existing law requires that this data set be available through a
prominently displayed hypertext link on the department's Internet Web
This bill would instead require that the data set be available
through either the department's Internet Web site, as specified
above, or the department's OpenJustice data portal.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be
cited, as the OpenJustice Data Act of 2016.
SEC. 2. The Legislature finds and declares all of
(a) The advent of new technology and the growth of data analytics
have dramatically enhanced both the value and the accessibility of
information, providing new opportunities for the public to engage
with the government and benefit from information possessed by the
(b) The rise in digitization of information has significantly
increased the speed of communication while specifically improving the
efficiency at which documents may be shared across public agencies.
(c) The Department of Justice has traditionally maintained a
centralized data repository for public safety information collected
at the local level and submitted to the department for purposes of
aggregation, analysis, and dissemination through an annual report,
which is currently distributed as either a paper or static electronic
annual report entitled Crime in California, as well as additional
specialized crime reports.
(d) In 2015, the Attorney General announced the launch of
OpenJustice, a criminal justice Web portal that features both an
interactive dashboard that provides data visualization with
accompanying analysis and an open data portal that publishes raw
(e) Reinventing the department's crime reports as an Internet Web
site within the OpenJustice Web portal will enable the public to
receive dynamic, customized information that will significantly
strengthen trust, enhance government accountability, and support
real-time public policy decisionmaking.
(f) Despite the many advantages of digital data collection, only
approximately 40 percent of local law enforcement agencies currently
submit required data sets through electronic means, impeding the
ability of the state to implement a uniform reporting structure
through which information is made available to the public more
frequently and more effectively.
(g) There are significant public benefits in modernizing how
public agencies engage with data and in encouraging the adoption of
contemporary digital technologies to reduce the inefficiencies and
environmental impacts of paper recordkeeping.
(h) Requiring local agencies to submit information to the
department through electronic means will streamline the collection of
the information so that it may be more quickly and economically made
available to the public through the OpenJustice Web portal.
SEC. 3. Section 12525.2 of the
Government Code is amended to read:
12525.2. (a) Beginning January 1, 2017, each law enforcement
agency shall annually furnish to the Department of Justice, in a
manner defined and prescribed by the Attorney General, a report of
all instances when a peace officer employed by that agency is
involved in any of the following:
(1) An incident involving the shooting of a civilian by a peace
(2) An incident involving the shooting of a peace officer by a
(3) An incident in which the use of force by a peace officer
against a civilian results in serious bodily injury or death.
(4) An incident in which use of force by a civilian against a
peace officer results in serious bodily injury or death.
(b) For each incident reported under subdivision (a), the
information reported to the Department of Justice shall include, but
not be limited to, all of the following:
(1) The gender, race, and age of each individual who was shot,
injured, or killed.
(2) The date, time, and location of the incident.
(3) Whether the civilian was armed, and, if so, the type of
(4) The type of force used against the officer, the civilian, or
both, including the types of weapons used.
(5) The number of officers involved in the incident.
(6) The number of civilians involved in the incident.
(7) A brief description regarding the circumstances surrounding
the incident, which may include the nature of injuries to officers
and civilians and perceptions on behavior or mental disorders.
(c) Each year, the Department of Justice shall include a summary
of information contained in the reports received pursuant to
subdivision (a) in its annual crime report issued by the
department through the department's OpenJustice Web
portal pursuant to Section 13010 of the Penal Code. This
information shall be classified according to the reporting law
enforcement jurisdiction. In cases involving a peace officer who is
injured or killed, the report shall list the officer's employing
jurisdiction and the jurisdiction where the injury or death occurred,
if they are not the same. This subdivision does not authorize the
release to the public of the badge number or other unique identifying
information of the peace officer involved.
(d) For purposes of this section, "serious bodily injury" means a
bodily injury that involves a substantial risk of death,
unconsciousness, protracted and obvious disfigurement, or protracted
loss or impairment of the function of a bodily member or organ.
SEC. 4. Section 13010 of the Penal Code
is amended to read:
13010. It shall be the duty of the department:
(a) To collect data necessary for the work of the department from
all persons and agencies mentioned in Section 13020 and from any
other appropriate source.
(b) To prepare and distribute to all those persons and agencies,
cards, forms, or electronic means used in
reporting data to the department. The cards, forms, or
electronic means may, in addition to other items, include
items of information needed by federal bureaus or departments engaged
in the development of national and uniform criminal statistics.
(c) To recommend the form and content of records which
that must be kept by those persons and agencies
in order to ensure the correct reporting of data to the department.
(d) To instruct those persons and agencies in the installation,
maintenance, and use of those records and in the reporting of data
therefrom to the department.
(e) To process, tabulate, analyze analyze,
and interpret the data collected from those persons and
(f) To supply, at their request, to federal bureaus or departments
engaged in the collection of national criminal statistics data they
need from this state.
(g) To present to the Governor, on or before July 1st, an
annual report containing the To make available to the
public, through the department's OpenJustice Web portal, information
relating to criminal statistics of the preceding
calendar year statistics, to be updated at least once
per quarter, and to present at other times as the Attorney
General may approve reports on special aspects of criminal
statistics. A sufficient number of copies of all reports
a downloadable summary of this information shall
be annually prepared to enable the Attorney General to
send a copy to the Governor and to all public officials in
the state dealing with criminals and to distribute them generally in
channels where they will add to the public enlightenment.
(h) To transition to digital collection of all data by
January 1, 2018, to periodically review the requirements of
units of government using criminal justice statistics, and to make
recommendations for changes it deems necessary in the design of
criminal justice statistics systems, including new techniques of
collection and processing made possible by automation.
SEC. 5. Section 13010.5 of the Penal
Code is amended to read:
13010.5. (a) The department shall collect
data pertaining to the juvenile justice system for criminal history
and statistical purposes. This information shall serve to assist the
department department, through its bureau
whose mission is to protect the rights of children, in
complying with the reporting requirement of subdivisions (c)
and (d) paragraphs (3) and (4) of subdivision (a)
of Section 13012, measuring the extent of juvenile delinquency,
determining the need for and effectiveness of relevant legislation,
and identifying long-term trends in juvenile delinquency. Any data
collected pursuant to this section may include criminal history
information which that may be used by
the department to comply with the requirements of Section 602.5 of
the Welfare and Institutions Code.
(b) Statistical data collected pursuant to this section shall be
made available to the public through the OpenJustice Web portal. The
department may make available data collected pursuant to this section
in the same manner as data collected pursuant to Section 13202.
SEC. 6. Section 13012 of the Penal Code
is amended to read:
13012. (a) The annual report of the department provided
for in information published on the OpenJustice Web
portal pursuant to Section 13010 shall contain statistics
showing all of the following:
(1) The amount and the types of offenses known to the public
(2) The personal and social characteristics of criminals and
(3) The administrative actions taken by law enforcement,
prosecutorial, judicial, penal, and correctional agencies or
institutions, including those in the juvenile justice system, in
dealing with criminals or delinquents.
(4) The administrative actions taken by law enforcement,
prosecutorial, judicial, penal, and correctional agencies,
agencies or institutions, including those in the
juvenile justice system, in dealing with minors who are the subject
of a petition or hearing in the juvenile court to transfer their case
to the jurisdiction of an adult criminal court or whose cases are
directly filed or otherwise initiated in an adult criminal court.
(5) (A) The total number of each of the following:
(i) Citizen complaints received by law enforcement agencies under
(ii) Citizen complaints alleging criminal conduct of either a
felony or misdemeanor.
(iii) Citizen complaints alleging racial or identity profiling, as
defined in subdivision (e) of Section 13519.4. These statistics
shall be disaggregated by the specific type of racial or identity
profiling alleged, such as based on a consideration of race, color,
ethnicity, national origin, religion, gender identity or expression,
sexual orientation, or mental or physical disability.
(B) The statistics reported under this paragraph shall provide,
for each category of complaint identified under subparagraph (A), the
number of complaints within each of the following disposition
(i) "Sustained," which means that the investigation disclosed
sufficient evidence to prove the truth of allegation in the complaint
by preponderance of evidence.
(ii) "Exonerated," which means that the investigation clearly
established that the actions of the personnel that formed the basis
of the complaint are not a violation of law or agency policy.
(iii) "Not sustained," which means that the investigation failed
to disclose sufficient evidence to clearly prove or disprove the
allegation in the complaint.
(iv) "Unfounded," which means that the investigation clearly
established that the allegation is not true.
(C) The reports under subparagraphs (A) and (B) shall be made
available to the public and disaggregated for each individual law
(b) It shall be the duty of the department to use the latest
advances in data science to give adequate interpretation of the
statistics and so to present the information that it may be of value
in guiding the policies of the Legislature and of those in charge of
the apprehension, prosecution, and treatment of the criminals and
delinquents, or concerned with the prevention of crime and
delinquency. This interpretation shall be presented in clear and
informative formats on the OpenJ ustice Web portal.
The report Web portal shall also
include statistics which that are
comparable with national uniform criminal statistics published by
federal bureaus or departments heretofore mentioned.
(c) Each year, on an annual basis, the Racial and Identity
Profiling Advisory Board (RIPA), established pursuant to
paragraph (1) of subdivision (j) of Section 13519.4, shall analyze
the statistics reported pursuant to subparagraphs (A) and (B) of
paragraph (5) of subdivision (a) of this section. RIPA's analysis of
the complaints shall be incorporated into its annual report as
required by paragraph (3) of subdivision (j) of Section
13519.4. 13519.4 and shall be published on the
OpenJustice Web portal. The reports shall not disclose the
identity of peace officers.
SEC. 7. Section 13012.6 of the Penal
Code is amended to read:
13012.6. The annual report data
published by the department on the OpenJustice Web portal
under Section 13010 shall include information concerning arrests for
violations of Section 530.5.
SECTION 1. SEC. 8. Section 13013 of
the Penal Code is amended to read:
13013. The department shall maintain a data set, updated
annually, quarterly, that contains the number
of crimes reported, number of clearances
clearances, and clearance rates in California as reported by
individual law enforcement agencies. The data set shall be made
available through a prominently displayed hypertext link on
the department's Internet Web site or through the
department's OpenJustice data Web
portal. This section shall not be construed to require
reporting any crimes other than those required by Section 13012.
SEC. 9. Section 13014 of the Penal Code
is amended to read:
13014. (a) The Department of Justice shall perform the following
duties concerning the investigation and prosecution of homicide
(1) Collect information, as specified in subdivision (b), on all
persons who are the victims of, and all persons who are charged with,
(2) Adopt and distribute as a written form or
by electronic means to all state and governmental entities that are
responsible for the investigation and prosecution of homicide cases
forms that will include information to be provided to the department
pursuant to subdivision (b).
(3) Compile, collate, index, and maintain a
an electronic file of the information required by
subdivision (b). The file shall be available to the general public
during the normal business hours of the department, as well as
on the OpenJustice Web portal, and the department shall
annually publish a report containing
quarterly update the information required by this section,
which shall also be available to the general public.
The department shall perform the duties specified in this
subdivision within its existing budget.
(b) Every state or local governmental entity responsible for the
investigation and prosecution of a homicide case shall provide the
department with demographic information about the victim and the
person or persons charged with the crime, including age, gender,
race, and ethnic background.
SEC. 10. Section 13023 of the Penal
Code is amended to read:
13023. (a) Subject to the availability of adequate funding, the
Attorney General shall direct local law enforcement agencies to
report to the Department of Justice, in a manner to be prescribed by
the Attorney General, any information that may be required relative
to hate crimes. This information may include any general orders or
formal policies on hate crimes and the hate crime pamphlet required
pursuant to Section 422.92.
(b) On or before July 1 of each year, a
quarterly basis, the Department of Justice shall
submit a report to the Legislature analyzing the results of
update the OpenJustice Web portal with the information
obtained from local law enforcement agencies pursuant to this
section. The department shall submit its analysis of this
information to the Legislature in the manner described in subdivision
(g) of Section 13010.
(c) For purposes of this section, "hate crime" has the same
meaning as in Section 422.55.
SEC. 11. Section 13519.4 of the Penal
Code is amended to read:
13519.4. (a) The commission shall develop and disseminate
guidelines and training for all peace officers in California as
described in subdivision (a) of Section 13510 and who adhere to the
standards approved by the commission, on the racial and cultural
differences among the residents of this state. The course or courses
of instruction and the guidelines shall stress understanding and
respect for racial, identity, and cultural differences, and
development of effective, noncombative methods of carrying out law
enforcement duties in a diverse racial, identity, and cultural
(b) The course of basic training for peace officers shall include
adequate instruction on racial, identity, and cultural diversity in
order to foster mutual respect and cooperation between law
enforcement and members of all racial, identity, and cultural groups.
In developing the training, the commission shall consult with
appropriate groups and individuals having an interest and expertise
in the field of racial, identity, and cultural awareness and
(c) For the purposes of this section the following shall apply:
(1) "Disability," "gender," "nationality," "religion," and "sexual
orientation" have the same meaning as in Section 422.55.
(2) "Culturally diverse" and "cultural diversity" include, but are
not limited to, disability, gender, nationality, religion, and
sexual orientation issues.
(3) "Racial" has the same meaning as "race or ethnicity" in
(4) "Stop" has the same meaning as in paragraph (2) of subdivision
(g) of Section 12525.5 of the Government Code.
(d) The Legislature finds and declares as follows:
(1) The working men and women in California law enforcement risk
their lives every day. The people of California greatly appreciate
the hard work and dedication of peace officers in protecting public
safety. The good name of these officers should not be tarnished by
the actions of those few who commit discriminatory practices.
(2) Racial or identity profiling is a practice that presents a
great danger to the fundamental principles of our Constitution and a
democratic society. It is abhorrent and cannot be tolerated.
(3) Racial or identity profiling alienates people from law
enforcement, hinders community policing efforts, and causes law
enforcement to lose credibility and trust among the people whom law
enforcement is sworn to protect and serve.
(4) Pedestrians, users of public transportation, and vehicular
occupants who have been stopped, searched, interrogated, and
subjected to a property seizure by a peace officer for no reason
other than the color of their skin, national origin, religion, gender
identity or expression, housing status, sexual orientation, or
mental or physical disability are the victims of discriminatory
(5) It is the intent of the Legislature in enacting the changes to
this section made by the act that added this paragraph that
additional training is required to address the pernicious practice of
racial or identity profiling and that enactment of this section is
in no way dispositive of the issue of how the state should deal with
racial or identity profiling.
(e) "Racial or identity profiling," for purposes of this section,
is the 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 or substance of law enforcement
activities following a stop, except that an officer may consider or
rely on characteristics listed in a specific suspect description. 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.
(f) A peace officer shall not engage in racial or identity
(g) Every peace officer in this state shall participate in
expanded training as prescribed and certified by the Commission on
Peace Officers Standards and Training.
(h) The curriculum shall be evidence-based and shall include and
examine evidence-based patterns, practices, and protocols that make
up racial or identity profiling, including implicit bias. This
training shall prescribe evidenced-based
evidence-based patterns, practices, and protocols that prevent
racial or identity profiling. In developing the training, the
commission shall consult with the Racial and Identity Profiling
Advisory Board established pursuant to subdivision (j). The course of
instruction shall include, but not be limited to, significant
consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up
racial, identity, and cultural differences among residents in a local
(2) Negative impact of intentional and implicit biases,
prejudices, and stereotyping on effective law enforcement, including
examination of how historical perceptions of discriminatory
enforcement practices have harmed police-community relations and
contributed to injury, death, disparities in arrest detention and
incarceration rights, and wrongful convictions.
(3) The history and role of the civil and human rights movement
and struggles and their impact on law enforcement.
(4) Specific obligations of peace officers in preventing,
reporting, and responding to discriminatory or biased practices by
fellow peace officers.
(5) Perspectives of diverse, local constituency groups and experts
on particular racial, identity, and cultural and police-community
relations issues in a local area.
(6) The prohibition against racial or identity profiling in
(i) Once the initial basic training is completed, each peace
officer in California as described in subdivision (a) of Section
13510 who adheres to the standards approved by the commission shall
be required to complete a refresher course every five years
thereafter, or on a more frequent basis if deemed necessary, in order
to keep current with changing racial, identity, and cultural trends.
(j) (1) Beginning July 1, 2016, the Attorney General shall
establish the Racial and Identity Profiling Advisory Board (RIPA) for
the purpose of eliminating racial and identity profiling, and
improving diversity and racial and identity sensitivity in law
(2) RIPA shall include the following members:
(A) The Attorney General, or his or her designee.
(B) The President of the California Public Defenders Association,
or his or her designee.
(C) The President of the California Police Chiefs Association, or
his or her designee.
(D) The President of California State Sheriffs' Association, or
his or her designee.
(E) The President of the Peace Officers Research Association of
California, or his or her designee.
(F) The Commissioner of the California Highway Patrol, or his or
(G) A university professor who specializes in policing, and racial
and identity equity.
(H) Two representatives of human or civil rights tax-exempt
organizations who specialize in civil or human rights.
(I) Two representatives of community organizations who specialize
in civil or human rights and criminal justice, and work with victims
of racial and identity profiling. At least one representative shall
be between 16 and 24 years of age.
(J) Two religious clergy members who specialize in addressing and
reducing racial and identity bias toward individuals and groups.
(K) Up to two other members that the Governor may prescribe.
(L) Up to two other members that the President Pro Tempore of the
Senate may prescribe.
(M) Up to two other members that the Speaker of the Assembly may
(3) Each year, on an annual basis, RIPA shall do the following:
(A) Analyze the data reported pursuant to Section 12525.5 of the
Government Code and Section 13012 of the Penal Code.
(B) Analyze law enforcement training under this section.
(C) Work in partnership with state and local law enforcement
agencies to review and analyze racial and identity profiling policies
and practices across geographic areas in California.
(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 provides RIPA's analysis under
subparagraphs (A) to (D), inclusive, and detailed findings
on the past and current status of racial and identity profiling, and
makes policy recommendations for eliminating racial and identity
profiling. RIPA shall post the report on its Internet Web site. Each
report shall include disaggregated statistical data for each
reporting law enforcement agency. The report shall include, at
minimum, each reporting law enforcement agency's total results for
each data collection criteria criterion
under subdivision (b) of Section 12525.5 of the Government Code for
each calendar year. The reports shall be retained and made available
to the public by posting those reports on the Department of Justice's
Internet Web site. OpenJustice Web portal.
The first annual report shall be issued no later than January
1, 2018. The reports are public records within the meaning of
subdivision (d) of Section 6252 of the Government Code and are open
to public inspection pursuant to Sections 6253, 6256, 6257, and 6258
of the Government Code.
(F) Hold at least three public meetings annually to discuss racial
and identity profiling, and potential reforms to prevent racial and
identity profiling. Each year, one meeting shall be held in northern
California, one in central California, and one in southern
California. RIPA shall provide the public
with notice of at least 60 days before each
(4) Pursuant to subdivision (e) of Section 12525.5 of the
Government Code, RIPA shall advise the Attorney General in developing
regulations for the collection and reporting of stop data, and
ensuring uniform reporting practices across all reporting agencies.
(5) Members of RIPA shall not receive compensation, nor per diem
expenses, for their services as members of RIPA.
(6) No action of RIPA shall be valid unless agreed to by a
majority of its members.
(7) The initial terms of RIPA members shall be four years.
(8) Each year, RIPA shall elect two of its members as
SEC. 12. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.