Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 953


Introduced by Assembly Member Weber

February 26, 2015


An actbegin insert to add Sections 12525.5 and 12525.6 to the Government Code, and to amend Section 13519.4 of the Penal Code,end insert relating to racial profiling.

LEGISLATIVE COUNSEL’S DIGEST

AB 953, as amended, Weber. Law enforcement: racial profiling.

Existing law creates the Commission on Peace Officer Standards and Training and requires it to develop and disseminate guidelines and training for all law enforcement officers, as described. Existing lawbegin insert prohibits a law enforcement officer from engaging in racial profiling andend insert requires the training prescribe patterns, practices, and protocols that prevent racial profiling, as defined. Existing law requires the Legislative Analyst’s Office to conduct a study of the data that is voluntarily collected by jurisdictions that have instituted a program of data collection with regard to racial profiling.

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This bill would declare the intent of the Legislature to enact legislation that revises the definition of “racial profiling” and requires law enforcement departments to collect, analyze, and report data on individual stops in order to identify and eliminate unjustified racial disparities and bias.

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This bill would revise the definition of racial profiling to instead refer to racial and identity profiling, would make a conforming change to the prohibition against law enforcement officers engaging in that practice, and would make the prohibition specifically applicable to probation and parole officers. The bill would also require a law enforcement officer who is found to have engaged in racial or identity profiling to participate in training to correct racial and identity profiling at least every 6 months for 2 years, starting from the date each finding is made.

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The bill would require the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) to eliminate racial and identity profiling and improve diversity and racial sensitivity in law enforcement. The bill would specify the composition of the board. The bill would require the board to investigate and analyze racial and identity profiling policies and practices, to annually make publicly available its findings and recommendations, and to issue the first report no later than January 1, 2018.

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The bill would require, on and after July 1, 2017, each state and local agency that employs peace officers to report to the Attorney General, on at least a quarterly basis, data on all traffic and pedestrian stops conducted by the agency’s peace officers, and require that data to include specified information, including the time, date, and location of the stop, search, or seizure, and the characteristics of each peace officer involved. The bill would require the agencies to retain that data for a minimum of 5 years. The bill would require the Attorney General, no later than January 1, 2017, to issue regulations for the collection and reporting of data. The bill would also require the Attorney General to analyze the data collected, report its findings from the first analysis by July 1, 2018, issue reports each year July 1, and make the reports available to the public by posting them on the Department of Justice’s Internet website.

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The bill would also require each year, on an annual basis, any state or local agency that employs peace, probation, or parole officers to report to the Attorney General, the number of complaints filed in each of the previous three years against peace officers in its employment alleging racial or identity profiling, wrongful arrest, or excessive force. The bill would require RIPA to analyze the complaints received and, by July 1, 2018, to publicly report the information received, its analysis of the information, and its recommendations.

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By imposing a higher level of service on local entities that employ peace officers, the bill would impose a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 12525.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert12525.5.end insert  

(a) On and after July 1, 2017, each state and local
4agency that employs peace officers shall report to the Attorney
5General, on at least a quarterly basis, data on all traffic and
6pedestrian stops conducted by that agency’s peace officers.

7(b) The data collection and reporting shall include, at a
8minimum, the following information for each stop, search, or
9seizure:

10(1) The time, date, and location of the stop, search, or seizure.

11(2) The characteristics of each officer involved in the stop,
12including, but not limited to, his or her badge or identification
13number, race or ethnicity, gender, age, assignment, division or
14station, and shift, and whether he or she was in uniform.

15(3) The basis for the stop, including, but not limited to, the
16offense suspected, and whether the action was initiated in response
17to a call for service, and, if the action was initiated in response to
18a call for services, the incident identifier.

19(4) The result of the stop, such as no action, warning, citation,
20property seizure, or custodial arrest.

21(5) If a warning or citation was issued, the violation charged
22or warning provided.

23(6) If an arrest was made, the offense charged.

24(7) A description of all persons detained during the stop. The
25description shall be based on the observation and perception of
26the peace officer making the stop, and the information shall not
27be requested from the person stopped. The description shall
28include, but not be limited to:

29(A) The number of persons stopped.

P4    1(B) The perceived or voluntarily disclosed race or ethnicity,
2gender, and age of all persons stopped.

3(C) Whether any person had language barriers, including, but
4not limited to, limited English proficiency.

5(D) Any mental or physical disability of a person who was
6stopped.

7(E) Whether the officer personally knew any person prior to the
8stop.

9(F) For traffic stops, whether the person was a driver or
10passenger.

11(8) Actions taken by the peace officer during the stop, including,
12but not limited to, the following:

13(A) Whether the officer asked if any person was on probation
14or parole, and if so, which persons were asked.

15(B) Whether the officer asked for consent to frisk or search any
16person, and if so, whether consent was provided.

17(C) Whether the officer searched any person or property, and
18if so, which persons were searched and what property was
19searched, the basis for the search, and the type of contraband or
20evidence discovered, if any.

21(D) Whether the officer seized any property and, if so, the type
22of property that was seized, the person from whom the property
23was seized, and the basis for seizing the property.

24(E) Whether the person was armed with a weapon and, if so,
25with what type of weapon.

26(F) Whether the officer used force during the encounter, and if
27so, the type of force used and reason for using the force.

28(9) A description of any person upon whom force was used,
29including, but not limited to, all of the following information:

30(A) The perceived or voluntarily disclosed race or ethnicity,
31gender, sexual orientation, or religion of the person.

32(B) Whether the person had limited English proficiency.

33(C) Any perceived mental or physical disability or preexisting
34injury or medical condition of the person.

35(10) Whether any other governmental or nongovernmental
36agency or service provider was called to respond to the scene, and
37if so, what agency or service provider, and the reason the agency
38or service provider was called to respond.

P5    1(11) Whether any person sustained any injuries during the
2encounter, and if so, which person, and the nature of the injuries
3and medical treatment provided.

4(c) State and local law enforcement agencies shall not report
5the name, address, social security number, or other unique
6personal identifying information of persons stopped, searched, or
7subjected to a property seizure, for purposes of this section.
8Notwithstanding any other law, the data reported shall be available
9to the public, except for the badge number or other unique
10identifying information of the officer involved, which shall be
11released to the public only to the extent the release is permissible
12under state law.

13(d) Not later than January 1, 2017, the Attorney General, in
14consultation with stakeholders, including federal, state, and local
15law enforcement agencies and community, professional, academic,
16research, and civil rights organizations, shall issue regulations
17for the collection and reporting of data required under subdivision
18(b). The regulations shall specify all data to be reported, and
19provide standards, definitions, and technical specifications to
20ensure uniform reporting practices across all reporting agencies.
21To the best extent possible, such regulations should be compatible
22with any similar federal data collection or reporting program.

23(e) Each year, on an annual basis, each state and local law
24 enforcement agency shall make publicly available a report that
25lists the agency’s total results for each data collection criteria
26required under subdivision (b). The reports shall include the data
27collected during the preceding calendar year. The first round of
28the annual reports shall be issued by each agency on or before
29July 1, 2018. The Attorney General, in consultation with RIPA,
30shall determine the form in which agencies make the information
31publicly available. Each state and local law enforcement agency
32shall post the reports on the Internet Web site for that agency, or
33if an agency does not have an Internet Web site, the Department
34of Justice shall post the agency’s reports on its Internet Web site.

35(f) Data reported pursuant to this section shall be retained by
36the reporting agency for a minimum of five years.

37(g) Each year, on an annual basis, the Attorney General shall
38analyze the data collected. The Attorney General shall report its
39findings from the first analysis by July 1, 2018, and shall issue
40reports each July 1 thereafter. The reports shall be available to
P6    1the public by posting those reports on the Department of Justice’s
2Internet Web site.

end insert
3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12525.6 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
4read:end insert

begin insert
5

begin insert12525.6.end insert  

(a) Each year, on an annual basis, any state or local
6agency that employs peace, probation, or parole officers shall
7report to the Attorney General, the number of complaints filed in
8each of the previous three years against peace officers in its
9employment alleging racial or identity profiling, as defined by
10subdivision (e) of Section 13519.4 of the Penal Code, wrongful
11arrest, or excessive force. The reports shall include, at minimum,
12the specific types of racial or identify profiling alleged in each
13complaint, such as based on race, color, age, ethnicity, national
14origin, religion, gender identity or expression, sexual orientation,
15housing status, or mental or physical disability. The reports shall
16also include the disposition for each complaint.

17(b) Each year, on an annual basis, RIPA shall analyze the
18complaints received from law enforcement pursuant to subdivision
19(a) and, by July 1, 2018, publicly report the information received,
20its analysis of the information, and its recommendations. The
21reports shall not disclose the identity of peace officers.

22(c) Not later than July 1, 2017, the Attorney General, in
23consultation with stakeholders, including the Racial Profiling
24Advisory Board, federal, state, and local law enforcement agencies
25and community, professional, university academic, research, and
26community and civil rights organizations, shall issue regulations
27for the reporting of information pursuant to this section.

end insert
28begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 13519.4 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

29

13519.4.  

(a) The commission shall develop and disseminate
30guidelines and training for all law enforcement officers in
31California as described in subdivision (a) of Section 13510 and
32who adhere to the standards approved by the commission, on the
33racial and cultural differences among the residents of this state.
34The course or courses of instruction and the guidelines shall stress
35understanding and respect for racial and cultural differences, and
36development of effective, noncombative methods of carrying out
37law enforcement duties in a racially and culturally diverse
38environment.

39(b) The course of basic training for law enforcement officers
40shall include adequate instruction on racial and cultural diversity
P7    1in order to foster mutual respect and cooperation between law
2enforcement and members of all racial and cultural groups. In
3developing the training, the commission shall consult with
4appropriate groups and individuals having an interest and expertise
5in the field of cultural awareness and diversity.

6(c) For the purposes of this section the following shall apply:

7(1) “Disability,” “gender,” “nationality,” “religion,” and “sexual
8orientation” have the same meaning as in Section 422.55.

9(2) “Culturally diverse” and “cultural diversity” include, but
10are not limited to, disability, gender, nationality, religion, and
11sexual orientation issues.

12(3) “Racial” has the same meaning as “race or ethnicity” in
13Section 422.55.

14(d) The Legislature finds and declares as follows:

15(1) Racial profiling is a practice that presents a great danger to
16the fundamental principles of a democratic society. It is abhorrent
17and cannot be tolerated.

18(2) Motorists who have been stopped by the police for no reason
19other than the color of their skin or their apparent nationality or
20ethnicity are the victims of discriminatory practices.

21(3) It is the intent of the Legislature in enacting the changes to
22Section 13519.4 of the Penal Code made by the act that added this
23subdivision that more than additional training is required to address
24the pernicious practice of racial profiling and that enactment of
25this bill is in no way dispositive of the issue of how the state should
26deal with racial profiling.

27(4) The working men and women in California law enforcement
28risk their lives every day. The people of California greatly
29appreciate the hard work and dedication of law enforcement
30officers in protecting public safety. The good name of these officers
31should not be tarnished by the actions of those few who commit
32discriminatory practices.

33(e) “Racialbegin insert or identityend insert profiling,” for purposes of this section,
34is thebegin delete practice of detaining a suspect based on a broad set of criteria
35which casts suspicion on an entire class of people without any
36individualized suspicion of the particular person being stopped.end delete

37begin insert consideration of or reliance on, to any degree, actual or perceived
38race, color, ethnicity, national origin, religion, gender identity or
39expression, sexual orientation, or mental or physical disability in
40deciding which persons to subject to routine or spontaneous law
P8    1enforcement activities or in deciding upon the scope and substance
2of law enforcement activities following an initial contact. The
3activities include, but are not limited to, traffic or pedestrian stops,
4or actions during a stop, such as, asking questions, frisks,
5consensual and nonconsensual searches of a person or any
6property, seizing any property, removing vehicle occupants during
7a traffic stop, issuing a citation, and making an arrest.end insert

8(f) A law enforcement officer shall not engage in racialbegin insert or
9identityend insert
profiling.begin insert For purposes of this subdivision, “law
10enforcement” includes, but is not limited to, municipal police,
11sheriffs, members of the California Highway Patrol, probation
12officers, and parole officers.end insert

13(g) Every law enforcement officer in this state shall participate
14in expanded training as prescribed and certified by the Commission
15on Peace Officers Standards and Training.

16(h) The curriculum shall utilize the Tools for Tolerance for Law
17Enforcement Professionals framework and shall include and
18examinebegin delete theend deletebegin insert evidence-basedend insert patterns, practices, and protocols that
19make up racialbegin insert and identityend insert profilingbegin insert, including implicit biasend insert. This
20training shall prescribebegin insert evidence-basedend insert patterns, practices, and
21protocols that prevent racialbegin insert and identityend insert profiling. In developing
22the training, the commission shall consult withbegin delete appropriate groups
23and individuals having an interest and expertise in the field of
24racial profiling.end delete
begin insert the Racial and Identity Profiling Advisory Board
25established pursuant to subdivision (j).end insert
The course of instruction
26shall include, but not be limited to,begin delete adequateend deletebegin insert significantend insert
27 consideration of each of the following subjects:

28(1) Identification of key indices and perspectives that make up
29cultural differences among residents in a local community.

30(2) Negative impact ofbegin insert intentional and implicitend insert biases,
31prejudices, and stereotyping on effective law enforcement,
32including examination of how historical perceptions of
33discriminatory enforcement practices have harmed
34police-community relationsbegin insert and contributed to injury, death,
35disparities in arrest, detention and incarceration rates, and
36wrongful convictionsend insert
.

37(3) The history and the role of the civil rights movement and
38struggles and their impact on law enforcement.

39(4) Specific obligations of officers in preventing, reporting, and
40responding to discriminatory or biased practices by fellow officers.

P9    1(5) Perspectives of diverse, local constituency groups and
2experts on particular cultural and police-community relations issues
3in a local area.

begin insert

4(6) The prohibition against racial and identity profiling in
5subdivision (f).

end insert

6(i) Once the initial basic training is completed, each law
7enforcement officer in California as described in subdivision (a)
8of Section 13510 who adheres to the standards approved by the
9commission shall be required to complete a refresher course every
10five years thereafter, or on a more frequent basis if deemed
11necessary, in order to keep current with changing racialbegin insert, identity,end insert
12 and cultural trends.begin insert A law enforcement officer, as described in
13subdivision (f), who is found to have engaged in racial or identity
14profiling shall participate in training to correct racial and identity
15profiling at least every six months for two years, starting from the
16date each finding is made.end insert

begin delete

17(j) The Legislative Analyst shall conduct a study of the data
18being voluntarily collected by those jurisdictions that have
19instituted a program of data collection with regard to racial
20profiling, including, but not limited to, the California Highway
21Patrol, the City of San Jose, and the City of San Diego, both to
22ascertain the incidence of racial profiling and whether data
23collection serves to address and prevent such practices, as well as
24to assess the value and efficacy of the training herein prescribed
25with respect to preventing local profiling. The Legislative Analyst
26may prescribe the manner in which the data is to be submitted and
27may request that police agencies collecting such data submit it in
28the requested manner. The Legislative Analyst shall provide to the
29Legislature a report and recommendations with regard to racial
30profiling by July 1, 2002.

end delete
begin insert

31(j) (1) Beginning July 1, 2016, the Attorney General shall
32establish the Racial and Identity Profiling Advisory Board (RIPA)
33for the purpose of eliminating racial and identity profiling, and
34improving diversity and racial sensitivity in law enforcement.

end insert
begin insert

35(2) RIPA shall include the following members:

end insert
begin insert

36(A) The Attorney General, or a designee.

end insert
begin insert

37(B) The President of the California Public Defenders
38Association, or a designee.

end insert
begin insert

39(C) The President of the California Police Chiefs Association,
40or a designee.

end insert
begin insert

P10   1(D) The Chair of the Legislative Black Caucus of the California
2Legislature, or his or her designee.

end insert
begin insert

3(E) The Chair of the Latino Legislative Caucus of the California
4Legislature, or his or her designee.

end insert
begin insert

5(F) The Chair of the Asian and Pacific Islander Caucus of the
6California Legislature, or his or her designee.

end insert
begin insert

7(G) The Chair of the Lesbian, Gay, Bisexual, and Transgender
8Caucus of the California Legislature, or his or her designee.

end insert
begin insert

9(H) A university professor who specializes in policing, and
10racial and identity equity.

end insert
begin insert

11(I) Two representatives of civil rights tax-exempt organizations
12who specialize in civil and human rights and criminal justice.

end insert
begin insert

13(J) Two community organizers who specialize in civil or human
14rights and criminal justice.

end insert
begin insert

15(K) A clergy member who specializes in addressing and reducing
16bias toward individuals and groups based on religious beliefs or
17 practices.

end insert
begin insert

18(L) Other members as the board may prescribe.

end insert
begin insert

19(3) RIPA shall investigate and analyze racial and identity
20profiling policies and practices in law enforcement. RIPA shall
21annually make publicly available its findings and
22recommendations. The first report of those findings and
23recommendations shall be issued no later than January 1, 2018.

end insert
24begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
25this act contains costs mandated by the state, reimbursement to
26local agencies and school districts for those costs shall be made
27pursuant to Part 7 (commencing with Section 17500) of Division
284 of Title 2 of the Government Code.

end insert
begin delete
29

SECTION 1.  

It is the intent of the Legislature to enact
30legislation that revises the definition of “racial profiling” and
31requires law enforcement departments to collect, analyze, and
32report data on individual stops in order to identify and eliminate
33unjustified racial disparities and bias.

end delete


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