Amended in Assembly May 31, 2016

Amended in Assembly March 14, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2524

Introduced by Assembly Member Irwin

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(Coauthors: Assembly Members Low, Obernolte, and Rodriguez)

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February 19, 2016

An act to amend begin insert Section 21627 of the Business and Professions Code, to amend end insert Section 12525.2 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. 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, begin delete 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. end delete begin insert without requiring an increase in the frequency of reporting by local agencies. The bill would require the department, on or before January 1, 2021, to transition all of California’s crime data from summary crime reporting to incident-based crime reporting, through electronic means, in alignment with the federal National Incident-Based Reporting System, as specified, and to report annually through 2019 to the Legislature on the probability of meeting this implementation deadline. This bill would require local and state crime reporting agencies, commencing January 1, 2021, to submit crime data only through electronic means. The bill would require the department to ensure, on or before January 1, 2022, that its statistical systems are electronic, as specified. end insert 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, begin insert stolen goods, end insert 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 reimbursement.

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 statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: 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 the following:

(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 state.

(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
data.

(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 begin delete digital end delete begin insert electronic end insert 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 begin delete digital end delete begin insert electronic end insert technologies to reduce the
inefficiencies and environmental impacts of paper recordkeeping.

begin delete

(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.

end delete begin insert

(h) The Department of Justice is working with the Federal
Bureau of Investigation and the federal Bureau of Justice Statistics
to transition California from summary crime reporting to
incident-based crime reporting. This transition would require the
electronic submission of all reported statistical data.

end insert begin insert

(i) It is the intent of the Legislature that this transition be
completed on or before January 1, 2021, at which time all local
and state crime reporting agencies shall submit crime data only
through electronic means.

end insert begin insert

(j) On or before January 1, 2022, the statistical systems of the
Department of Justice shall be electronic, allowing for criminal
justice statistical data to be updated more frequently than annually
on the OpenJustice Web portal.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 21627 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

21627.  

(a) As used in this article, “tangible personal property”
means all secondhand tangible personal property begin delete which end delete begin insert that end insert bears
a serial number or personalized initials or inscription or begin delete which, end delete
begin insert that, end insert at the time it is acquired by the secondhand dealer, bears
evidence of having had a serial number or personalized initials or
inscription.

(b) “Tangible personal property” also means the following:

(1) All tangible personal property, new or used, including motor
vehicles, received in pledge as security for a loan by a pawnbroker.

(2) All tangible personal property that bears a serial number or
personalized initials or inscription begin delete which end delete begin insert and that end insert is purchased by
a secondhand dealer or a pawnbroker or begin delete which, end delete begin insert that, end insert at the time
of begin delete such end delete begin insert the end insert purchase, bears evidence of having had a serial number
or personalized initials or inscription.

(3) All tangible personal property that the Attorney General
statistically determines through the most recent Department of
Justice begin delete “Crime in California” report end delete begin insert crime data, updated pursuant
to Section 13010 of the Penal Code, end insert to constitute a significant class
of stolen goods. A list of begin delete such end delete begin insert that end insert personal property shall be
supplied by the Attorney General to all local law enforcement
agencies and posted on the Attorney General’s Internet Web site.
begin delete Such end delete begin insert That end insert list shall be updated annually by the Attorney General,
beginning January 1, 2016, to ensure that it addresses current
problems with stolen goods.

(c) As used in this article, “tangible personal property” does not
include any new goods or merchandise purchased from a bona fide
manufacturer or distributor or wholesaler of begin delete such end delete begin insert the end insert new goods
or merchandise by a secondhand dealer. For the purposes of this
article, however, a secondhand dealer shall retain for one year
from the date of purchase, and shall make available for inspection
by any law enforcement officer, any receipt, invoice, bill of begin delete sale end delete
begin insert sale, end insert or other evidence of purchase of begin delete such end delete begin insert the end insert new goods or
merchandise.

(d) As used in this article, “tangible personal property” does
not include coins, monetized bullion, or commercial grade ingots
of gold, silver, or other precious metals. “Commercial grade ingots”
means 0.99 fine or finer ingots of gold, silver, palladium, or
platinum, or 0.925 fine sterling silver art bars and medallions,
provided that the ingots, art bars, and medallions are marked by
the refiner or fabricator as to their assay fineness.

(e) For purposes of this article, a “significant class of stolen
goods” means those items determined through the Department of
Justice’s begin delete annual “Crime in California” report end delete begin insert most recent
OpenJustice Web portal update end insert to constitute more than 10 percent
of property reported stolen in the calendar year preceding the
annual posting of the list of significant classes of stolen goods.

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

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
officer.

(2) An incident involving the shooting of a peace officer by a
civilian.

(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
weapon.

(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) 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.

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

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 begin delete agencies, end delete
begin insert agencies cards, forms, or end insert electronic means used in reporting data
to the department. The begin insert cards, forms, or end insert 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 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, and interpret the data collected
from those persons and agencies.

(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 make available to the public, through the department’s
OpenJustice Web portal, information relating to criminal 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 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. begin insert This subdivision shall not be
construed to require more frequent reporting by local agencies
than what is required by any other end insert begin insert law. end insert

(h) To begin delete transition to digital collection of all data by January 1,
2018, to end delete 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.

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(i) On or before January 1, 2021, to transition all of California’s
crime data from summary crime reporting to incident-based crime
reporting, through electronic means, in alignment with the federal
National Incident-Based Reporting System.

end insert begin insert

(1) The department shall evaluate, on an annual basis, the
probability of meeting the January 1, 2021, implementation
deadline and report its findings to the Legislature annually through
2019 pursuant to Section 9795 of the Government Code.

end insert begin insert

(2) Local and state agencies that are unable to meet this
implementation deadline and that have committed to transitioning
to incident-based crime reporting shall collaborate with the
department to develop a transition plan with a timeline for the
transition.

end insert begin insert

(j) Commencing January 1, 2021, to accept the collection of
crime data from local and state crime reporting agencies only
through electronic means. Commencing January 1, 2021, these
agencies shall submit crime data to the department only through
electronic means.

end insert begin insert

(k) On or before January 1, 2022, to ensure that the statistical
systems of the department are electronic, allowing for criminal
justice statistical data to be updated more frequently than annually
on the OpenJustice Web portal.

end insert

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

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,
through its bureau whose mission is to protect the rights of children,
in complying with the reporting requirement of paragraphs (3) and
(4) of subdivision (a) of Section 13012, measuring the extent of
juvenile delinquency, determining the need begin delete for end delete begin insert for, end insert and
effectiveness begin delete of end delete begin insert of, end insert relevant legislation, and identifying long-term
trends in juvenile delinquency. Any data collected pursuant to this
section may include criminal history information 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.

begin delete SEC. 6. end delete

begin insert SEC. 7. end insert   

Section 13012 of the Penal Code is amended to read:

13012.  

(a) The 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
authorities.

(2) The personal and social characteristics of criminals and
delinquents.

(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 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 Section 832.5.

(ii) Citizen complaints alleging criminal conduct of either a
felony or begin insert a end insert 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
categories:

(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
enforcement agency.

(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 OpenJustice Web portal. The Web
portal shall also include statistics 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
and shall be published on the OpenJustice Web portal. The reports
shall not disclose the identity of peace officers.

begin delete SEC. 7. end delete

begin insert SEC. 8. end insert   

Section 13012.6 of the Penal Code is amended to read:

13012.6.  

The data published by the department on the
OpenJustice Web portal under Section 13010 shall include
information concerning arrests for violations of Section 530.5.

begin delete SEC. 8. end delete

begin insert SEC. 9. end insert   

Section 13013 of the Penal Code is amended to read:

13013.  

The department shall maintain a data set, updated
quarterly, that contains the number of crimes reported, number of
clearances, and clearance rates in California as reported by
individual law enforcement agencies. The data set shall be made
available through the OpenJustice Web portal. This section shall
not be construed to require reporting any crimes other than those
required by Section 13012.

begin delete SEC. 9. end delete

begin insert SEC. 10. end insert   

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 cases:

(1) Collect information, as specified in subdivision (b), on all
persons who are the victims of, and all persons who are charged
with, homicide.

(2) Adopt and distribute 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 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 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.

begin delete SEC. 10. end delete

begin insert SEC. 11. end insert   

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 a quarterly basis, the Department of Justice shall 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.

begin delete SEC. 11. end delete

begin insert SEC. 12. end insert   

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 environment.

(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
diversity.

(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
Section 422.55.

(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 practices.

(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 profiling.

(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 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
community.

(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
subdivision (f).

(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
enforcement.

(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 begin insert the end insert 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 her designee.

(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 begin delete Pro end delete begin insert pro end insert Tempore
of the Senate may prescribe.

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

(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 begin delete the Penal Code. end delete begin insert this
code. end insert

(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 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 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 meeting.

(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
cochairpersons.

begin delete SEC. 12. end delete

begin insert SEC. 13. end insert   

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.