I believe AB 953 covers motorcycle clubs under identity= stopping an individual because the person is identified as a sub culture with in the considered norm culture is identity profiling, Being stopped by a police officer strictly because of your culture, race, or specific apparel and not for breaking a specific law but because said police officer is biased and out of ignorance generalizes you as part of a motorcycle club, sub culture , or specific race that he wrongfully believes is more prone to breaking the law and then uses that prejudice to stop you and hinder your right of free movement is identity profiling.
| Amended IN Senate June 30, 2015 |
| Amended IN Assembly June 01, 2015 |
| Amended IN Assembly April 16, 2015 |
| Amended IN Assembly March 26, 2015 |
CALIFORNIA LEGISLATURE—
2015–2016 REGULAR SESSION
| Assembly Bill | No. 953 |
| Introduced by Assembly Member Weber (Coauthor: Assembly Member Bonta)(Coauthor: Senator Mitchell) |
February 26, 2015 |
An act to add Section 12525.5 to the Government Code, and to amend
Sections 13012 and 13519.4 of the Penal Code, 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 law prohibits a law enforcement peace
officer from engaging in racial profiling and 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.
This bill, which would be known as
would enact the Racial and Identity Profiling Act of 2015, which would, among other changes, revise the definition of racial profiling to instead refer to racial or identity profiling, would and make a conforming change to the prohibition against law enforcement peace officers engaging in that practice, and would make the prohibition specifically applicable to probation and parole officers.
practice. The bill would also require a law enforcement peace
officer who is the subject of a complaint of racial or identity
profiling that is sustained to participate in training to correct racial
and identity profiling at least every 6 months for 2 years, starting
from the date a complaint is found to have been sustained.
The
bill would require, beginning July 1, 2016, the Attorney General to
establish the Racial and Identity Profiling Advisory Board (RIPA) to
eliminate racial and identity profiling and improve diversity and racial
and identity sensitivity in law enforcement. The bill would specify the
composition of the board. The bill would require the board, among other
duties, to investigate and analyze state and local law enforcement
agencies’ racial and identity profiling policies and practices, to
annually make publicly available its findings and recommendations, to
hold public meetings annually, as specified, and to issue the board’s
first annual report no later than January 1, 2018.
The
bill would require each state and local agency that employs peace
officers to annually report to the Attorney General on or before March
1, 2018, and each March 1 thereafter, data on all stops, as defined,
conducted by the agency’s peace officers, and require that data to
include specified information, including the time, date, and location of
the stop, and the reason for the stop. The bill would require the
agencies to retain that data for a minimum of 5 years. The bill would
also require the Attorney General to analyze the data collected, report
its findings from the first analysis by January 1, 2019, issue reports
each January 1, thereafter, and make the reports available to the public
by posting them on
the Department of Justice’s Internet Web site.
By
imposing a higher level of service on local entities that employ peace
officers, the 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known and may be cited as the Racial and Identity Profiling Act of 2015.SEC. 2.
Section 12525.5 is added to the Government Code, to read:12525.5.
(a) Each state and local agency that employs peace officers shall annually report to the Attorney General data on all “stops,” as defined in subdivision (j), conducted by that agency’s peace officers for the preceding calendar year. Each agency’s annual report shall be submitted to the Attorney General no later than March 1 of the following calendar year. The first round of the annual reports shall be issued on or before March 1, 2018.
(b) The reporting shall include, at a minimum, the following information for each
stop:
(1) The time, date, and location of the stop.
(2) The reason for the stop.
(3) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.
(4) If a warning or citation was issued, the warning provided or violation cited.
(5) If an arrest was made, the offense charged.
(6) The
perceived race or ethnicity, gender, and approximate age of the person
stopped, provided that the identification of these characteristics shall
be based on the
observation and perception of the peace officer making the stop,
and the information shall not be requested from the person
stopped. For motor vehicle stops, this paragraph only applies to
the driver, unless any actions specified under paragraph (7) apply in
relation to a passenger, in which case the characteristics specified in
this paragraph shall also be reported for him or her.
(7) Actions taken by the peace officer during the stop,
including, but not limited to, the following:
(A) Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided.
(B) Whether the peace officer searched the person or any property, and and, if so so, the basis for the search, search
and the type of contraband or evidence discovered, if any.
(C) Whether
the peace officer seized any property and, if so, the type of property
that was seized and the basis for seizing the property.
(c) If
more than one peace officer performs a stop, only one officer is
required to collect and report to his or her agency the information
specified under subdivision (b).
(d) State
and local law enforcement agencies shall not report the name, address,
social security number, or other unique personal identifying information
of persons stopped, searched, or subjected to a property seizure, for
purposes of this section. Notwithstanding any other law, the data
reported shall be available to the public, except
for the badge number or other unique identifying information of
the peace officer involved, which shall be released to the public only
to the extent the release is permissible under state law.
(e) Not
later than January 1, 2017, the Attorney General, in consultation with
stakeholders, including the Racial and Identity Profiling Advisory Board
(RIPA) established pursuant to paragraph (1) of subdivision (j) of
Section 13519.4 of the Penal Code, federal, state, and local law
enforcement agencies and community, professional, academic, research,
and civil and human rights organizations, shall issue regulations for
the collection and reporting of data required under subdivision (b). The
regulations shall specify all data to be reported, and provide
standards, definitions, and technical specifications to ensure uniform
reporting practices
across all reporting agencies. To the best extent possible, such
regulations should be compatible with any similar federal data
collection or reporting program.
(f) Each
year, on an annual basis, each state and local law enforcement agency
shall make publicly available a report that lists the agency’s total
results for each data collection criteria required under subdivision
(b). The reports shall include the data collected during the preceding
calendar year. The first round of the annual reports shall be issued by
each agency on or before July 1, 2018. The Attorney General, in
consultation with RIPA, shall determine the form in which agencies make
the information publicly available. Each state and local law enforcement
agency shall post the reports on the Internet Web site for that agency,
or, if an agency does not have an Internet Web site, the
Department of Justice shall post the agency’s reports on its Internet
Web site.
(g) Data reported pursuant to this section shall be retained by the reporting agency for a minimum of five years.
(h) Each
year, on an annual basis, the Attorney General shall analyze the data
collected. The Attorney General shall report its findings from the first
analysis by January 1, 2019, and shall issue reports on the first day
of each January thereafter. The reports shall be available to the public
by posting those reports on the Department of Justice’s Internet Web
site.
(i) All data and reports made pursuant to this section are public records within the meaning of
subdivision (e) of Section 6252, and are open to public inspection pursuant to Sections
6253 and 6258.
(j) (1) For
purposes of this section, “peace officer,” as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code, is
limited to members of the California Highway Patrol, a city or county
law enforcement agency, except probation officers and officers in a custodial setting, agency, and California state or university educational institutions. “Peace officer,” as used in this section, does not include probation officers and officers in a custodial setting.
(2) For
purposes of this section, “stop” means 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.
SEC. 3.
Section 13012 of the Penal Code is amended to read:13012.
(a) The annual report of the department provided for in 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, 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, 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 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 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. The report shall also include statistics which 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 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. The
reports shall not disclose the identity of peace officers.
SEC. 4.
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 (j) 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. 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
evidenced-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. In addition to any
remedies provided in law or equity, any peace officer who is the subject
of a complaint of racial or identity profiling that is sustained shall
participate in training to correct racial or identity profiling at least
every six months for two years, starting from the date a complaint is
found
to have been sustained.
(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 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 President Commissioner of the California Association of Highway Patrolmen, or his or her designee.
(G) The Chair of the California Legislative Black Caucus, or his or her designee.
(H) The Chair of the California Latino Legislative Caucus, or his or her designee.
(I) The Chair of the California Asian and Pacific Islander Legislative Caucus, or his or her designee.
(J) The Chair of the California Legislative Lesbian, Gay, Bisexual, and Transgender Caucus, or his or her designee.
(K) A university professor who specializes in policing, and racial and identity equity.
(L) Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights.
(M) Two
representatives of community organizations who specialize in civil or
human rights and criminal justice, and work with victims of racial and
identity profiling.
(N) Two religious clergy members who specialize in addressing and reducing racial and identity bias toward individuals and
groups.
(O) Up to two other members that the Attorney General 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 the Penal Code.
(B) Analyze law enforcement training under Section
13519.4 of the Penal Code. this section.
(C) Work
in partnership with state and local law enforcement agencies to review
and analyze racial and identity profiling policies and practices.
(D) Issue
a report that provides RIPA’s analysis under subparagraphs (A) to (C),
inclusive, detailed findings on the past and current status of racial
and identity profiling, and makes recommendations for eliminating racial
and identity profiling. RIPA shall post the report on its Internet Web
site. 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.
(E) Hold
at least three public meetings annually to discuss racial and identity
profiling, and potential reforms to correct 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 at least 60 days prior to each meeting.
