BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 953


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          953 (Weber)


          As Amended  August 31, 2015


          Majority vote


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          |ASSEMBLY:  |45-27 |(June 3, 2015) |SENATE: |26-13 |(September 9,    |
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          Original Committee Reference:  PUB. S.


          SUMMARY:  Modifies the definition of "racial profiling;"  
          requires local law enforcement agencies to report specified  
          information on stops to the Attorney General's office; and  
          establishes the Racial and Identity Profiling Advisory Board  
          (RIPA).


          The Senate amendments:  


          1)Delay implementation of reporting requirements by law  
            enforcement agencies based on the size of the agency.


          2)Delete the requirements that each state and local law  
            enforcement agency publicly report its data on the Internet  
            and retain that information for five years.









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          3)Delete the requirement that the Attorney General analyze the  
            data submitted by law enforcement agencies.


          4)Clarify that it is not racial profiling for an officer to  
            consider or rely on characteristics listed in a specific  
            suspect description.


          5)Delete the requirement that an officer who is the subject of a  
            complaint of profiling participate in additional training.


          6)Change the composition of the RIPA, as specified.


          7)Impose additional regulations and limitations on RIPA, as  
            specified.


          EXISTING LAW:  


          1)Prohibits a law enforcement officer from engaging in racial  
            profiling. 


          2)Defines "racial profiling," as "the practice of detaining a  
            suspect based on a broad set of criteria which casts suspicion  
            on an entire class of people without any individualized  
            suspicion of the particular person being stopped." 


          3)Requires that the course of basic training for law enforcement  
            officers include adequate instruction on racial and cultural  
            diversity in order to foster mutual respect and cooperation  
            between law enforcement and members of all racial and cultural  
            groups. 


          4)Requires the Department of Justice (DOJ) to present to the  








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            Governor, on or before July 1st, an annual report containing  
            the criminal statistics of the preceding calendar year.  


          5)Mandates that the annual report contain statistics showing all  
            of the following:


             a)   The amount and the types of offenses known to the public  
               authorities;
             b)   The personal and social characteristics of criminals and  
               delinquents;


             c)   The administrative actions taken by law enforcement,  
               judicial, penal, and correctional agencies or institutions,  
               including those in the juvenile justice system, in dealing  
               with criminals or delinquents;


             d)   The administrative actions taken by law enforcement,  
               prosecutorial, judicial, penal, and correctional agencies,  
               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; and,


             e)   The number of citizens' complaints received by law  
               enforcement agencies, as specified. The statistics must  
               indicate the total number of these complaints, the number  
               alleging criminal conduct of either a felony or  
               misdemeanor, and the number sustained in each category.   
               The report shall not contain a reference to any individual  
               agency but shall be by gross numbers only.  


          6)Requires state and local law enforcement agencies to report  
            statistical data to the DOJ at those times and in the manner  
            that the Attorney General prescribes.








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          AS PASSED BY THE ASSEMBLY, this bill: 


          1)Required, beginning March 1, 2018, each state and local agency  
            that employs peace officers to annually report to the Attorney  
            General's office data on all stops, as specified, conducted by  
            that agency's peace officers for the preceding calendar year.


          2)Required the reporting to include the following information  
            for each stop:


             a)   The reason for the stop;
             b)   The result of the stop, such as no action, warning,  
               citation, property seizure, or arrest;


             c)   If a warning or citation was issued, the warning  
               provided or violation cited;


             d)   If an arrest was made, the offense charged;


             e)   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.


             f)   Actions taken by the officer during the stop, including,  
               but not limited to, the following:


               i)     Whether the officer asked for consent to search the  
                 person, and if so, whether consent was provided;
               ii)    Whether the officer searched the person or any  








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                 property, and if so, the basis for the search, and the  
                 type of contraband or evidence discovered, if any; and 


               iii)   Whether the officer seized any property and, if so,  
                 the type of property that was seized, and the basis for  
                 seizing the property.


          3)Provided that if more than one peace officer performs a stop,  
            only one officer is required to collect and report the  
            necessary information.
          4)Prohibited 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.


          5)Stated 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.


          6)Required the Attorney General, to issue regulations for the  
            collection and reporting of the required data by January 1,  
            2017.  The Attorney General should consult with specified  
            stakeholders in issuing the regulations.  


          7)Mandated 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.


          8)Required each state and local law enforcement agency to  
            publicly report the data on an annual basis beginning on July  
            1, 2018.  The report should be posted on the law enforcement  
            agency's Web site, and in the event the agency does not have a  








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            Web site, it shall be posted on the DOJ Web site.


          9)Required retention of the reported data for at least five  
            years.


          10)Mandated that the Attorney General annually analyze the data  
            collected and report its findings from the first analysis by  
            January 1, 2019.  Reports are to be posted on the DOJ Web  
            site.


          11)Specified that all data and reports made under these  
            provisions are public records, as specified, and are open to  
            public inspection.


          12)Limited 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."


          13)Defined "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."


          14)Revised the content of the DOJ 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;










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             c)   Citizen complaints alleging racial or identity  
               profiling, disaggregated by the specific type of racial or  
               identity profiling alleged.


          15)Specified that the statistics on citizen complaints must  
            identify their dispositions as being sustained, exonerated,  
            not sustained, unfounded, as specified.
          16)Revised legislative findings and declarations regarding  
            racial and identity profiling.


          17)Renamed "racial profiling" as "racial or identity profiling"  
            and redefines it 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."


          18)Required any peace officer who has a sustained complaint of  
            racial or identity profiling that is sustained to participate  
            in training to correct racial and identity profiling at least  
            every six months for two years.


          19)Mandated the Attorney General establish RIPA beginning July  
            1, 2016, for the purpose of eliminating racial and identity  
            profiling, and improving diversity and racial sensitivity in  
            law enforcement.


          20)Provided that RIPA shall include the following members:










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             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 President of the California Association of Highway  
               Patrolmen, or a designee;


             g)   The Chair of the California Legislative Black Caucus, or  
               designee;


             h)   The Chair of the California Latino Legislative Caucus,  
               or designee;


             i)    The Chair of the California Asian and Pacific Islander  
               Legislative Caucus, or designee;


             j)   The Chair of the California Lesbian, Gay, Bisexual, and  
               Transgender Legislative Caucus, or designee;


             aa)  A university professor who specializes in policing, and  
               racial and identity equity;


             bb)  Two representatives of civil or human rights tax-exempt  








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               organizations who specialize in civil and human rights and  
               criminal justice;


             cc)  Two representatives of community organizations  
               specializing in civil or human rights and criminal justice  
               and who work with victims of racial and identity profiling;  



             dd)  Two clergy members who specialize in addressing and  
               reducing racial and identity bias toward individuals and  
               groups or practices; and, 


             ee)  Up to two other members that the Attorney General may  
               prescribe.


          21)Tasked RIPA with the following:
             a)   Analyzing data reported, as specified;
             b)   Analyzing 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)   Issuing an annual report the first of which shall be  
               issued by January 1, 2018, and posting the reports on its  
               Internet Web site; and,


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


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee: 








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          1)Data collection, reporting, retention, and training:  Major  
            future one-time and ongoing costs, potentially in the millions  
            to tens of millions of dollars annually, once fully phased in,  
            to local law enforcement agencies for data collection,  
            reporting, and retention requirements specified in the bill.   
            Additional costs for training on the process would likely be  
            required. There are currently 482 cities and 58 counties in  
            California.  To the extent local agency expenditures qualify  
            as a reimbursable state mandate, agencies could claim  
            reimbursement of those costs (General Fund).  While costs  
            could vary widely, for context, the Commission on State  
            Mandates' statewide cost estimate for Crime Statistics Reports  
            for the DOJ reflects eligible reimbursement of over $13.6  
            million per year for slightly over 50 percent of local  
            agencies reporting.  


          2)DOJ impact:  Major one-time and ongoing costs of $2.6 million  
            in 2015-16, $5.9 million in 2016-17, and $5.1 million (General  
            Fund) annually thereafter, for resources to create the  
            database to collect and retain the data, complete data  
            collection and reporting requirements. Minor, absorbable  
            impact to aggregate and post annual reports received to its  
            website.


          3)RIPA:  One-time costs of $1.7 million in 2015-16, and $3  
            million (General Fund) in 2016-17 and 2017-18 to establish and  
            oversee activities of the Board.  Ongoing costs of $1.5  
            million annually (General Fund) for activities including  
            analyzing data, issuing annual reports, reviewing policies and  
            procedures, and holding at least three annual public meetings.


          4)CHP impact:  Potentially significant one-time costs of about  
            $1 million (Motor Vehicle Account) to modify its existing  
            database, create the program to generate the report, and train  
            personnel.  Ongoing increase in workload costs potentially in  
            the range of $250,000 to $500,000 (Motor Vehicle Account) for  
            data collection and reporting activities.  Data for 2013-14  








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            from the CHP indicates approximately 3.1 million enforcement  
            actions potentially subject to the data collection and  
            reporting provisions of this bill.


          5)CSU/UC police impact:  Potentially significant ongoing  
            non-reimbursable costs to California State University police  
            and University of California police officers - the CSM has  
            determined CSU and UC use of campus police is a discretionary  
            act, and therefore any mandated costs are not subject to state  
            reimbursement.



          COMMENTS:  According to the author, "AB 953 will help eliminate  
          the harmful and unjust practice of racial and identity  
          profiling, and improve the relationship between law enforcement  
          and the communities they serve.  AB 953 promotes equal  
          protection and prevents unreasonable searches and seizures.



          "Peace officers risk their lives every day, and the people of  
          California greatly appreciate their hard work and dedication to  
          public safety.  At the same time, a recent poll shows that 55%  
          of Californians and 85% of African-Americans in California  
          believe that 'blacks and other minorities do not receive equal  
          treatment in the criminal justice system.'  Racial and identity  
          profiling significantly contributes to this lack of confidence  
          in our justice system.



          "Racial and identity profiling occurs when law enforcement  
          personnel stop, search, seize property from, or interrogate a  
          person without evidence of criminal activity.  Studies show that  
          profiling often occurs due to unconscious biases about  
          particular demographic identities. 



          "AB 953 would prevent profiling by, among other things,  








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          clarifying and modernizing California's current prohibition  
          against profiling to better account for the ways in which  
          profiling occurs, establishing a uniform system for collecting  
          and analyzing data on law enforcement-community interactions,  
          and establishing an advisory board that investigates profiling  
          patterns and practices and provides recommendations on how to  
          curb its harmful impact."


          Analysis Prepared by:                                             
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0001810