Amended in Senate August 16, 2016

Amended in Assembly May 31, 2016

Amended in Assembly March 14, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2524


Introduced by Assembly Member Irwin

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

February 19, 2016


An act to amend Section 21627 of the Business and Professions Code, to amend 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 perbegin delete quarter,end deletebegin insert year,end insert without requiring an increase in the frequency of reporting by local agencies. The bill would require thebegin delete 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 deletebegin insert department to evaluate, on an annual basis, the progress of the transition from summary crime reporting to incident-based crime reporting and to report its findings to the Legislature annually through 2019.end insert The bill would also provide legislative findings and declarations relating to the OpenJustice Web portal.

This bill would make conforming changes to relatedbegin delete provisions,end deletebegin insert provisionsend insert 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, stolen goods, and the juvenile justice system. The bill would also make technical, nonsubstantive changes to these provisions.

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By requiring local agencies to use electronic means to submit specified information to the department, this 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: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1

SECTION 1.  

This act shall be known, and may be cited, as the
2OpenJustice Data Act of 2016.

3

SEC. 2.  

The Legislature finds and declares all of the following:

P3    1(a) The advent of new technology and the growth of data
2analytics have dramatically enhanced both the value and the
3accessibility of information, providing new opportunities for the
4public to engage with the government and benefit from information
5possessed by the state.

6(b) The rise in digitization of information has significantly
7increased the speed of communication while specifically improving
8the efficiency at which documents may be shared across public
9agencies.

10(c) The Department of Justice has traditionally maintained a
11centralized data repository for public safety information collected
12at the local level and submitted to the department for purposes of
13aggregation, analysis, and dissemination through an annual report,
14which is currently distributed as either a paper or static electronic
15annual reportbegin delete entitledend deletebegin insert titledend insert Crime in California, as well as
16additional specialized crime reports.

17(d) In 2015, the Attorney General announced the launch of
18OpenJustice, a criminal justice Web portal that features both an
19interactive dashboard that provides data visualization with
20accompanying analysis and an open data portal that publishes raw
21data.

22(e) Reinventing the department’s crime reports as an Internet
23Web site within the OpenJustice Web portal will enable the public
24to receive dynamic, customized information that will significantly
25strengthen trust, enhance government accountability, and support
26real-time public policy decisionmaking.

27(f) Despite the many advantages of electronic data collection,
28only approximately 40 percent of local law enforcement agencies
29currently submit required data sets through electronic means,
30impeding the ability of the state to implement a uniform reporting
31structure through which information is made available to the public
32more frequently and more effectively.

33(g) There are significant public benefits in modernizing how
34public agencies engage with data and in encouraging the adoption
35of contemporary electronic technologies to reduce the inefficiencies
36and environmental impacts of paper recordkeeping.

37(h) The Department of Justice is working with the Federal
38Bureau of Investigation and the federal Bureau of Justice Statistics
39to transition California from summary crime reporting to
P4    1incident-based crime reporting.begin delete This transition would require the
2electronic submission of all reported statistical data.end delete

begin delete

3(i) It is the intent of the Legislature that this transition be
4completed on or before January 1, 2021, at which time all local
5and state crime reporting agencies shall submit crime data only
6through electronic means.

7(j) On or before January 1, 2022, the statistical systems of the
8Department of Justice shall be electronic, allowing for criminal
9justice statistical data to be updated more frequently than annually
10on the OpenJustice Web portal.

end delete
begin insert

11
(i) It is the intent of the Legislature that following full
12implementation of incident-based crime reporting, the Department
13of Justice work to transition to exclusively electronic crime data
14collection and evaluate the potential for criminal justice statistical
15data to be updated on the OpenJustice Web portal at a frequency
16greater than once per year.

end insert
17

SEC. 3.  

Section 21627 of the Business and Professions Code
18 is amended to read:

19

21627.  

(a) As used in this article, “tangible personal property”
20means all secondhand tangible personal property that bears a serial
21number or personalized initials or inscription or that, at the time
22it is acquired by the secondhand dealer, bears evidence of having
23had a serial number or personalized initials or inscription.

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

25(1) All tangible personal property, new or used, including motor
26vehicles, received in pledge as security for a loan by a pawnbroker.

27(2) All tangible personal property that bears a serial number or
28personalized initials or inscription and that is purchased by a
29secondhand dealer or a pawnbroker or that, at the time of the
30purchase, bears evidence of having had a serial number or
31personalized initials or inscription.

32(3) All tangible personal property that the Attorney General
33statistically determines through the most recent Department of
34Justice crime data, updated pursuant to Section 13010 of the Penal
35Code, to constitute a significant class of stolen goods. A list of
36that personal property shall be supplied by the Attorney General
37to all local law enforcement agencies and posted on the Attorney
38General’s Internet Web site. That list shall be updated annually
39by the Attorney General, beginning January 1, 2016, to ensure that
40it addresses current problems with stolen goods.

P5    1(c) As used in this article, “tangible personal property” does not
2include any new goods or merchandise purchased from a bona fide
3manufacturer or distributor or wholesaler of the new goods or
4merchandise by a secondhand dealer. For the purposes of this
5article, however, a secondhand dealer shall retain for one year
6from the date of purchase, and shall make available for inspection
7by any law enforcement officer, any receipt, invoice, bill of sale,
8or other evidence of purchase of the new goods or merchandise.

9(d) As used in this article, “tangible personal property” does
10not include coins, monetized bullion, or commercial grade ingots
11of gold, silver, or other precious metals. “Commercial grade ingots”
12means 0.99 fine or finer ingots of gold, silver, palladium, or
13platinum, or 0.925 fine sterling silver art bars and medallions,
14provided that the ingots, art bars, and medallions are marked by
15the refiner or fabricator as to their assay fineness.

16(e) For purposes of this article, a “significant class of stolen
17goods” means those items determined through the Department of
18Justice’s most recent OpenJustice Web portal update to constitute
19more than 10 percent of property reported stolen in the calendar
20year preceding the annual posting of the list of significant classes
21of stolen goods.

22

SEC. 4.  

Section 12525.2 of the Government Code is amended
23to read:

24

12525.2.  

(a) Beginning January 1, 2017, each law enforcement
25agency shall annually furnish to the Department of Justice, in a
26manner defined and prescribed by the Attorney General, a report
27of all instances when a peace officer employed by that agency is
28involved in any of the following:

29(1) An incident involving the shooting of a civilian by a peace
30officer.

31(2) An incident involving the shooting of a peace officer by a
32civilian.

33(3) An incident in which the use of force by a peace officer
34against a civilian results in serious bodily injury or death.

35(4) An incident in which use of force by a civilian against a
36peace officer results in serious bodily injury or death.

37(b) For each incident reported under subdivision (a), the
38information reported to the Department of Justice shall include,
39but not be limited to, all of the following:

P6    1(1) The gender, race, and age of each individual who was shot,
2injured, or killed.

3(2) The date, time, and location of the incident.

4(3) Whether the civilian was armed, and, if so, the type of
5weapon.

6(4) The type of force used against the officer, the civilian, or
7both, including the types of weapons used.

8(5) The number of officers involved in the incident.

9(6) The number of civilians involved in the incident.

10(7) A brief description regarding the circumstances surrounding
11the incident, which may include the nature of injuries to officers
12and civilians and perceptions on behavior or mental disorders.

13(c) Each year, the Department of Justice shall include a summary
14of information contained in the reports received pursuant to
15subdivision (a) through the department’s OpenJustice Web portal
16pursuant to Section 13010 of the Penal Code. This information
17shall be classified according to the reporting law enforcement
18 jurisdiction. In cases involving a peace officer who is injured or
19killed, the report shall list the officer’s employing jurisdiction and
20the jurisdiction where the injury or death occurred, if they are not
21the same. This subdivision does not authorize the release to the
22public of the badge number or other unique identifying information
23of the peace officer involved.

24(d) For purposes of this section, “serious bodily injury” means
25a bodily injury that involves a substantial risk of death,
26unconsciousness, protracted and obvious disfigurement, or
27protracted loss or impairment of the function of a bodily member
28or organ.

29

SEC. 5.  

Section 13010 of the Penal Code is amended to read:

30

13010.  

It shall be the duty of the department:

31(a) To collect data necessary for the work of the department
32from all persons and agencies mentioned in Section 13020 and
33from any other appropriate source.

34(b) To prepare and distribute to all those persons and agencies
35cards, forms, or electronic means used in reporting data to the
36department. The cards, forms, or electronic means may, in addition
37to other items, include items of information needed by federal
38bureaus or departments engaged in the development of national
39and uniform criminal statistics.

P7    1(c) To recommend the form and content of records that must
2be kept by those persons and agencies in order to ensure the correct
3reporting of data to the department.

4(d) To instruct those persons and agencies in the installation,
5maintenance, and use of those records and in the reporting of data
6therefrom to the department.

7(e) To process, tabulate, analyze, and interpret the data collected
8from those persons and agencies.

9(f) To supply, at their request, to federal bureaus or departments
10engaged in the collection of national criminal statistics data they
11need from this state.

12(g) To make available to the public, through the department’s
13OpenJustice Web portal, information relating to criminal statistics,
14to be updated at least once perbegin delete quarter,end deletebegin insert year,end insert and to present at other
15times as the Attorney General may approve reports on special
16aspects of criminal statistics. A sufficient number of copies of a
17downloadable summary of this information shall be annually
18prepared to enable the Attorney General to send a copy to the
19Governor and to all public officials in the state dealing with
20criminals and to distribute them generally in channels where they
21 will add to the public enlightenment. This subdivision shall not
22be construed to require more frequent reporting by local agencies
23than what is required by any other law.

24(h) To periodically review the requirements of units of
25government using criminal justice statistics, and to make
26recommendations for changes it deems necessary in the design of
27criminal justice statistics systems, including new techniques of
28collection and processing made possible by automation.

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29(i) On or before January 1, 2021, to transition all of California’s
30crime data from summary crime reporting to incident-based crime
31reporting, through electronic means, in alignment with the federal
32National Incident-Based Reporting System.

end delete
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33(1) The department shall evaluate, on an annual basis, the
34probability of meeting the January 1, 2021, implementation
35deadline and report its findings to the Legislature annually through
362019 pursuant to Section 9795 of the Government Code.

end delete
begin delete

37(2) Local and state agencies that are unable to meet this
38implementation deadline and that have committed to transitioning
39to incident-based crime reporting shall collaborate with the
P8    1department to develop a transition plan with a timeline for the
2transition.

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3(j) Commencing January 1, 2021, to accept the collection of
4crime data from local and state crime reporting agencies only
5through electronic means. Commencing January 1, 2021, these
6agencies shall submit crime data to the department only through
7electronic means.

end delete
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8(k) On or before January 1, 2022, to ensure that the statistical
9systems of the department are electronic, allowing for criminal
10justice statistical data to be updated more frequently than annually
11on the OpenJustice Web portal.

end delete
begin insert

12
(i) To evaluate, on an annual basis, the progress of California’s
13transition from summary crime reporting to incident-based crime
14reporting, in alignment with the federal National Incident-Based
15Reporting System, and report its findings to the Legislature
16annually through 2019, pursuant to Section 9795 of the
17Government Code.

end insert
18

SEC. 6.  

Section 13010.5 of the Penal Code is amended to read:

19

13010.5.  

(a) The department shall collect data pertaining to
20the juvenile justice system for criminal history and statistical
21purposes. This information shall serve to assist the department,
22through its bureau whose mission is to protect the rights of children,
23in complying with the reporting requirement of paragraphs (3) and
24(4) of subdivision (a) of Section 13012, measuring the extent of
25juvenile delinquency, determining the need for, and effectiveness
26of, relevant legislation, and identifying long-term trends in juvenile
27delinquency. Any data collected pursuant to this section may
28include criminal history information that may be used by the
29department to comply with the requirements of Section 602.5 of
30the Welfare and Institutions Code.

31(b) Statistical data collected pursuant to this section shall be
32made available to the public through the OpenJustice Web portal.
33The department may make available data collected pursuant to
34this section in the same manner as data collected pursuant to
35Section 13202.

36

SEC. 7.  

Section 13012 of the Penal Code is amended to read:

37

13012.  

(a) The information published on the OpenJustice Web
38portal pursuant to Section 13010 shall contain statistics showing
39all of the following:

P9    1(1) The amount and the types of offenses known to the public
2authorities.

3(2) The personal and social characteristics of criminals and
4delinquents.

5(3) The administrative actions taken by law enforcement, begin delete6 prosecutorial,end delete judicial, penal, and correctional agencies or
7institutions, including those in the juvenile justice system, in
8dealing with criminals or delinquents.

9(4) The administrative actions taken by law enforcement,
10prosecutorial, judicial, penal, and correctional agencies or
11institutions, including those in the juvenile justice system, in
12dealing with minors who are the subject of a petition or hearing
13in the juvenile court to transfer their case to the jurisdiction of an
14adult criminal court or whose cases are directly filed or otherwise
15initiated in an adult criminal court.

16(5) (A) The total number of each of the following:

17(i) Citizen complaints received by law enforcement agencies
18under Section 832.5.

19(ii) Citizen complaints alleging criminal conduct of either a
20felony or a misdemeanor.

21(iii) Citizen complaints alleging racial or identity profiling, as
22defined in subdivision (e) of Section 13519.4. These statistics shall
23be disaggregated by the specific type of racial or identity profiling
24alleged, such as based on a consideration of race, color, ethnicity,
25national origin, religion, gender identity or expression, sexual
26orientation, or mental or physical disability.

27(B) The statistics reported under this paragraph shall provide,
28for each category of complaint identified under subparagraph (A),
29the number of complaints within each of the following disposition
30categories:

31(i) “Sustained,” which means that the investigation disclosed
32sufficient evidence to prove the truth of allegation in the complaint
33by preponderance of evidence.

34(ii) “Exonerated,” which means that the investigation clearly
35established that the actions of the personnel that formed the basis
36of the complaint are not a violation of law or agency policy.

37(iii) “Not sustained,” which means that the investigation failed
38to disclose sufficient evidence to clearly prove or disprove the
39allegation in the complaint.

P10   1(iv) “Unfounded,” which means that the investigation clearly
2established that the allegation is not true.

3(C) The reports under subparagraphs (A) and (B) shall be made
4available to the public and disaggregated for each individual law
5enforcement agency.

6(b) It shall be the duty of the department tobegin delete use the latest
7advances in data science toend delete
give adequate interpretation of the
8statistics and so to present the information that it may be of value
9in guiding the policies of the Legislature and of those in charge of
10the apprehension, prosecution, and treatment of the criminals and
11delinquents, or concerned with the prevention of crime and
12delinquency. This interpretation shall be presented in clear and
13informative formats on the OpenJustice Web portal. The Web
14portal shall also include statistics that are comparable with national
15uniform criminal statistics published by federal bureaus or
16departments heretofore mentioned.

17(c) Each year, on an annual basis, the Racial and Identity
18Profiling Advisory Board (RIPA), established pursuant to
19paragraph (1) of subdivision (j) of Section 13519.4, shall analyze
20the statistics reported pursuant to subparagraphs (A) and (B) of
21paragraph (5) of subdivision (a) of this section. RIPA’s analysis
22of the complaints shall be incorporated into its annual report as
23required by paragraph (3) of subdivision (j) of Section 13519.4
24and shall be published on the OpenJustice Web portal. The reports
25shall not disclose the identity of peace officers.

26

SEC. 8.  

Section 13012.6 of the Penal Code is amended to read:

27

13012.6.  

The data published by the department on the
28OpenJustice Web portalbegin delete underend deletebegin insert pursuant toend insert Section 13010 shall
29include information concerning arrests for violations of Section
30530.5.

31

SEC. 9.  

Section 13013 of the Penal Code is amended to read:

32

13013.  

The department shall maintain a data set, updated
33begin delete quarterly,end deletebegin insert annually,end insert that contains the number of crimes reported,
34number of clearances, and clearance rates in California as reported
35by individual law enforcement agencies. The data set shall be made
36available through the OpenJustice Web portal. This section shall
37not be construed to require reporting any crimes other than those
38required by Section 13012.

39

SEC. 10.  

Section 13014 of the Penal Code is amended to read:

P11   1

13014.  

(a) The Department of Justice shall perform the
2following duties concerning the investigation and prosecution of
3homicide cases:

4(1) Collect information, as specified in subdivision (b), on all
5persons who are the victims of, and all persons who are charged
6with, homicide.

7(2) Adopt andbegin delete distributeend deletebegin insert distribute, as a written form orend insert by
8electronicbegin delete meansend deletebegin insert means,end insert to all state and governmental entities that
9are responsible for the investigation and prosecution of homicide
10begin delete casesend deletebegin insert cases,end insert forms that will include information to be provided to
11the department pursuant to subdivision (b).

12(3) Compile, collate, index, and maintain an electronic file of
13the information required by subdivision (b). The file shall be
14available to the general public during the normal business hours
15of the department, as well as on the OpenJustice Web portal, and
16the department shallbegin delete quarterlyend deletebegin insert at least annuallyend insert update the
17information required by this section, which shall also be available
18to the general public.

19The department shall perform the duties specified in this
20subdivision within its existing budget.

21(b) Every state or local governmental entity responsible for the
22investigation and prosecution of a homicide case shall provide the
23department with demographic information about the victim and
24the person or persons charged with the crime, including age,
25gender, race, and ethnic background.

26

SEC. 11.  

Section 13023 of the Penal Code is amended to read:

27

13023.  

(a) Subject to the availability of adequate funding, the
28Attorney General shall direct local law enforcement agencies to
29report to the Department of Justice, in a manner to be prescribed
30by the Attorney General, any information that may be required
31relative to hate crimes. This information may include any general
32orders or formal policies on hate crimes and the hate crime
33pamphlet required pursuant to Section 422.92.

34(b) Onbegin delete a quarterly basis,end deletebegin insert or before July 1 of each year,end insert the
35 Department of Justice shall update the OpenJustice Web portal
36with the information obtained from local law enforcement agencies
37pursuant to this section. The department shall submit its analysis
38of this information to the Legislature in the manner described in
39subdivision (g) of Section 13010.

P12   1(c) For purposes of this section, “hate crime” has the same
2meaning as in Section 422.55.

3

SEC. 12.  

Section 13519.4 of the Penal Code is amended to
4read:

5

13519.4.  

(a) The commission shall develop and disseminate
6guidelines and training for all peace officers in California as
7described in subdivision (a) of Section 13510 and who adhere to
8the standards approved by the commission, on the racial and
9cultural differences among the residents of this state. The course
10or courses of instruction and the guidelines shall stress
11understanding and respect for racial, identity, and cultural
12differences, and development of effective, noncombative methods
13of carrying out law enforcement duties in a diverse racial, identity,
14and cultural environment.

15(b) The course of basic training for peace officers shall include
16adequate instruction on racial, identity, and cultural diversity in
17order to foster mutual respect and cooperation between law
18enforcement and members of all racial, identity, and cultural
19groups. In developing the training, the commission shall consult
20with appropriate groups and individuals having an interest and
21expertise in the field of racial, identity, and cultural awareness and
22diversity.

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

24(1) “Disability,” “gender,” “nationality,” “religion,” and “sexual
25orientation” have the same meaning as in Section 422.55.

26(2) “Culturally diverse” and “cultural diversity” include, but
27are not limited to, disability, gender, nationality, religion, and
28sexual orientation issues.

29(3) “Racial” has the same meaning as “race or ethnicity” in
30Section 422.55.

31(4) “Stop” has the same meaning as in paragraph (2) of
32subdivision (g) of Section 12525.5 of the Government Code.

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

34(1) The working men and women in California law enforcement
35risk their lives every day. The people of California greatly
36appreciate the hard work and dedication of peace officers in
37protecting public safety. The good name of these officers should
38not be tarnished by the actions of those few who commit
39discriminatory practices.

P13   1(2) Racial or identity profiling is a practice that presents a great
2danger to the fundamental principles of our Constitution and a
3democratic society. It is abhorrent and cannot be tolerated.

4(3) Racial or identity profiling alienates people from law
5 enforcement, hinders community policing efforts, and causes law
6enforcement to lose credibility and trust among the people whom
7law enforcement is sworn to protect and serve.

8(4) Pedestrians, users of public transportation, and vehicular
9occupants who have been stopped, searched, interrogated, and
10subjected to a property seizure by a peace officer for no reason
11other than the color of their skin, national origin, religion, gender
12identity or expression, housing status, sexual orientation, or mental
13or physical disability are the victims of discriminatory practices.

14(5) It is the intent of the Legislature in enacting the changes to
15this section made by the act that added this paragraph that
16additional training is required to address the pernicious practice
17of racial or identity profiling and that enactment of this section is
18in no way dispositive of the issue of how the state should deal with
19racial or identity profiling.

20(e) “Racial or identity profiling,” for purposes of this section,
21is the consideration of, or reliance on, to any degree, actual or
22perceived race, color, ethnicity, national origin, age, religion,
23gender identity or expression, sexual orientation, or mental or
24physical disability in deciding which persons to subject to a stop
25or in deciding upon the scope or substance of law enforcement
26activities following a stop, except that an officer may consider or
27rely on characteristics listed in a specific suspect description. The
28activities include, but are not limited to, traffic or pedestrian stops,
29or actions during a stop, such as asking questions, frisks,
30consensual and nonconsensual searches of a person or any property,
31seizing any property, removing vehicle occupants during a traffic
32stop, issuing a citation, and making an arrest.

33(f) A peace officer shall not engage in racial or identity profiling.

34(g) Every peace officer in this state shall participate in expanded
35training as prescribed and certified by the Commission on Peace
36Officers Standards and Training.

37(h) The curriculum shall be evidence-based and shall include
38and examine evidence-based patterns, practices, and protocols that
39make up racial or identity profiling, including implicit bias. This
40training shall prescribe evidence-based patterns, practices, and
P14   1protocols that prevent racial or identity profiling. In developing
2the training, the commission shall consult with the Racial and
3Identity Profiling Advisory Board established pursuant to
4subdivision (j). The course of instruction shall include, but not be
5limited to, significant consideration of each of the following
6subjects:

7(1) Identification of key indices and perspectives that make up
8racial, identity, and cultural differences among residents in a local
9community.

10(2) Negative impact of intentional and implicit biases,
11prejudices, and stereotyping on effective law enforcement,
12including examination of how historical perceptions of
13discriminatory enforcement practices have harmed
14police-community relations and contributed to injury, death,
15disparities in arrest detention and incarceration rights, and wrongful
16convictions.

17(3) The history and role of the civil and human rights movement
18and struggles and their impact on law enforcement.

19(4) Specific obligations of peace officers in preventing,
20reporting, and responding to discriminatory or biased practices by
21fellow peace officers.

22(5) Perspectives of diverse, local constituency groups and
23experts on particular racial, identity, and cultural and
24police-community relations issues in a local area.

25(6) The prohibition against racial or identity profiling in
26subdivision (f).

27(i) Once the initial basic training is completed, each peace officer
28in California as described in subdivision (a) of Section 13510 who
29adheres to the standards approved by the commission shall be
30required to complete a refresher course every five years thereafter,
31or on a more frequent basis if deemed necessary, in order to keep
32current with changing racial, identity, and cultural trends.

33(j) (1) Beginning July 1, 2016, the Attorney General shall
34establish the Racial and Identity Profiling Advisory Board (RIPA)
35for the purpose of eliminating racial and identity profiling, and
36improving diversity and racial and identity sensitivity in law
37enforcement.

38(2) RIPA shall include the following members:

39(A) The Attorney General, or his or her designee.

P15   1(B) The President of the California Public Defenders
2Association, or his or her designee.

3(C) The President of the California Police Chiefs Association,
4or his or her designee.

5(D) The President of the California State Sheriffs’ Association,
6or his or her designee.

7(E) The President of the Peace Officers Research Association
8of California, or his or her designee.

9(F) The Commissioner of the California Highway Patrol, or his
10or her designee.

11(G) A university professor who specializes in policing, and
12racial and identity equity.

13(H) Two representatives of human or civil rights tax-exempt
14organizations who specialize in civil or human rights.

15(I) Two representatives of community organizations who
16specialize in civil or human rights and criminal justice, and work
17with victims of racial and identity profiling. At least one
18representative shall be between 16 and 24 years of age.

19(J) Two religious clergy members who specialize in addressing
20and reducing racial and identity bias toward individuals and groups.

21(K) Up to two other members that the Governor may prescribe.

22(L) Up to two other members that the President pro Tempore
23of the Senate may prescribe.

24(M) Up to two other members that the Speaker of the Assembly
25may prescribe.

26(3) Each year, on an annual basis, RIPA shall do the following:

27(A) Analyze the data reported pursuant to Section 12525.5 of
28the Government Code and Section 13012 of this code.

29(B) Analyze law enforcement training under this section.

30(C) Work in partnership with state and local law enforcement
31agencies to review and analyze racial and identity profiling policies
32and practices across geographic areas in California.

33(D) Conduct, and consult available, evidence-based research
34on intentional and implicit biases, and law enforcement stop,
35search, and seizure tactics.

36(E) Issue a report that provides RIPA’s analysis under
37subparagraphs (A) to (D), inclusive, and detailed findings on the
38past and current status of racial and identity profiling, and makes
39policy recommendations for eliminating racial and identity
40profiling. RIPA shall post the report on its Internet Web site. Each
P16   1report shall include disaggregated statistical data for each reporting
2law enforcement agency. The report shall include, at minimum,
3each reporting law enforcement agency’s total results for each data
4collection criterion under subdivision (b) of Section 12525.5 of
5the Government Code for each calendar year. The reports shall be
6retained and made available to the public by posting those reports
7on the Department of Justice’s OpenJustice Web portal. The first
8annual report shall be issued no later than January 1, 2018. The
9reports are public records within the meaning of subdivision (d)
10of Section 6252 of the Government Code and are open to public
11inspection pursuant to Sections 6253, 6256, 6257, and 6258 of the
12Government Code.

13(F) Hold at least three public meetings annually to discuss racial
14and identity profiling, and potential reforms to prevent racial and
15identity profiling. Each year, one meeting shall be held in northern
16California, one in central California, and one in southern California.
17RIPA shall provide the public with notice of at least 60 days before
18each meeting.

19(4) Pursuant to subdivision (e) of Section 12525.5 of the
20Government Code, RIPA shall advise the Attorney General in
21developing regulations for the collection and reporting of stop
22data, and ensuring uniform reporting practices across all reporting
23agencies.

24(5) Members of RIPA shall not receive compensation, nor per
25diem expenses, for their services as members of RIPA.

26(6) No action of RIPA shall be valid unless agreed to by a
27majority of its members.

28(7) The initial terms of RIPA members shall be four years.

29(8) Each year, RIPA shall elect two of its members as
30cochairpersons.

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31

SEC. 13.  

If the Commission on State Mandates determines
32that this act contains costs mandated by the state, reimbursement
33to local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.

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