California Assembly Bill AB953 Amended / Bill

 BILL NUMBER: AB 953AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 16, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Weber FEBRUARY 26, 2015 An act to add  Sections   Section  12525.5  and 12525.6  to the Government Code, and to amend  Section   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 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  would   would, among other changes,  revise the definition of racial profiling to instead refer to racial  and   or  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   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  each finding is made.   a complaint is found to have been sustained.  The bill would  require   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   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, 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   traffic, public transportation,  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   Web site  .  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.  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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12525.5 is added to the Government Code, to read: 12525.5. (a) On and after July 1, 2017, each state and local agency that employs peace officers shall report to the Attorney General, on at least a quarterly basis, data on all  traffic   traffic, public transportation,  and pedestrian stops conducted by that agency's peace officers. (b) The data collection and reporting shall include, at a minimum, the following information for each stop, search, or seizure: (1) The time, date, and location of the stop, search, or seizure. (2) The characteristics of each  peace  officer involved in the stop, including, but not limited to, his or her badge or identification number, race or ethnicity, gender, age, assignment, division or station, and shift, and whether he or she was in uniform. (3) The basis for the stop, including, but not limited to, the offense suspected, and whether the action was initiated in response to a call for service, and, if the action was initiated in response to a call for services, the incident identifier. (4) The result of the stop, such as no action, warning, citation, property seizure, or  custodial  arrest. (5) If a warning or citation was issued, the  violation charged or warning provided.   warning provided or violation cited.  (6) If an arrest was made, the offense charged. (7) A description of all persons detained during the stop. The description 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.   stopped, unless otherwise required by law.  The description shall include, but not be limited to: (A) The number of persons stopped. (B) The  perceived or voluntarily disclosed  race or ethnicity, gender, and age of all persons stopped.  (C) The sexual orientation and religious affiliation, if any was perceived.   (C)   (   D)  Whether  any person had language barriers, including, but not limited to,   the person stopped had  limited English proficiency.  (D)   (  E)  Any mental or physical  disability of a person who was stopped.   disability of a person stopped.   (E)   (   F)  Whether the  peace  officer  personally knew any person prior to the stop.   previously stopped the person.   (F)   (G)  For traffic stops, whether the person was a driver or passenger. (8) Actions taken by the peace officer during the stop, including, but not limited to, the following:  (A) Whether the officer asked if any person was on probation or parole, and if so, which persons were asked.   (B)   (   A)  Whether the  peace  officer asked for consent to frisk or search any person, and if so, whether consent was provided.  (C)   (B)  Whether the  peace  officer searched any person or property, and if so, which persons were searched and what property was searched, the basis for the search, and the type of contraband or evidence discovered, if any.  (D)   (C)  Whether the  peace  officer seized any property and, if so, the type of property that was seized, the person from whom the property was seized, and the basis for seizing the property.  (E) Whether the person was armed with a weapon and, if so, with what type of weapon.   (F)   (   9)  Whether the  peace  officer used force during the encounter, and if so, the type of force used and reason for using the force.  (9)   (   A)  A description of any person upon whom force was  used, including, but not limited to, all of the following information:   used.   (B) The description required pursuant to subparagraph (A) shall be based on the observation and perception of the peace officer who used force, and the information shall not have been obtained by requesting it from the person upon whom force was used, unless otherwise required by law. The description shall include, but not be limited to, the following:   (A)   (   i)  The  perceived or voluntarily disclosed  race or ethnicity, gender,  sexual orientation, or religion   and age  of the person.  (ii) The sexual orientation and religious affiliation of the person, if any was perceived.   (B)   (iii)  Whether the person had limited English proficiency.  (C)   (iv)    Any perceived mental or physical disability or preexisting injury or medical condition of the person.  (v) Whether the person was homeless.  (10) Whether any other governmental or nongovernmental agency or service provider was called to respond to the scene, and if so, what agency or service provider, and the reason the agency or service provider was called to respond. (11) Whether any person sustained any injuries during the encounter, and if so, which person, and the nature of the injuries and medical treatment  provided.   provided, if any.  (c) 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. (d) Not later than January 1, 2017, the Attorney General, in consultation with stakeholders, including 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. (e) 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. (f) Data reported pursuant to this section shall be retained by the reporting agency for a minimum of five years. (g) 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 July 1, 2018, and shall issue reports  on the first day of  each July  1  thereafter. The reports shall be available to the public by posting those reports on the Department of Justice's Internet Web site.  (h) All data and reports made pursuant to this section are public records within the meaning of subdivision (d) of Section 6252, and are open to public inspection pursuant to Sections 6253, 6256, 6257, and 6258.   SEC. 2.   Section 12525.6 is added to the Government Code, to read: 12525.6. (a) Each year, on an annual basis, any state or local agency that employs peace, probation, or parole officers shall 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, as defined by subdivision (e) of Section 13519.4 of the Penal Code, wrongful arrest, or excessive force. The reports shall include, at minimum, the specific types of racial or identify profiling alleged in each complaint, such as based on race, color, age, ethnicity, national origin, religion, gender identity or expression, sexual orientation, housing status, or mental or physical disability. The reports shall also include the disposition for each complaint. (b) Each year, on an annual basis, RIPA shall analyze the complaints received from law enforcement pursuant to subdivision (a) and, by July 1, 2018, publicly report the information received, its analysis of the information, and its recommendations. The reports shall not disclose the identity of peace officers. (c) Not later than July 1, 2017, the Attorney General, in consultation with stakeholders, including the Racial Profiling Advisory Board, federal, state, and local law enforcement agencies and community, professional, university academic, research, and community and civil rights organizations, shall issue regulations for the reporting of information pursuant to this section.   SEC. 3.   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 law enforcement 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 and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a racially and culturally diverse environment. (b) The course of basic training for law enforcement officers shall 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. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of 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. (d) The Legislature finds and declares as follows: (1) Racial profiling is a practice that presents a great danger to the fundamental principles of a democratic society. It is abhorrent and cannot be tolerated. (2) Motorists who have been stopped by the police for no reason other than the color of their skin or their apparent nationality or ethnicity are the victims of discriminatory practices. (3) It is the intent of the Legislature in enacting the changes to Section 13519.4 of the Penal Code made by the act that added this subdivision that more than additional training is required to address the pernicious practice of racial profiling and that enactment of this bill is in no way dispositive of the issue of how the state should deal with racial profiling. (4) 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 law enforcement 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. (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, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to routine or spontaneous law enforcement activities or in deciding upon the scope and substance of law enforcement activities following an initial contact. 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 law enforcement officer shall not engage in racial or identity profiling. For purposes of this subdivision, "law enforcement" includes, but is not limited to, municipal police, sheriffs, members of the California Highway Patrol, probation officers, and parole officers. (g) Every law enforcement 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 utilize the Tools for Tolerance for Law Enforcement Professionals framework and shall include and examine evidence-based patterns, practices, and protocols that make up racial and identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial and 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 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 rates, and wrongful convictions. (3) The history and the role of the civil rights movement and struggles and their impact on law enforcement. (4) Specific obligations of officers in preventing, reporting, and responding to discriminatory or biased practices by fellow officers. (5) Perspectives of diverse, local constituency groups and experts on particular cultural and police-community relations issues in a local area. (6) The prohibition against racial and identity profiling in subdivision (f). (i) Once the initial basic training is completed, each law enforcement 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. A law enforcement officer, as described in subdivision (f), who is found to have engaged in racial or identity profiling shall participate in training to correct racial and identity profiling at least every six months for two years, starting from the date each finding is made. (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 sensitivity in law enforcement. (2) RIPA shall include the following members: (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 Chair of the Legislative Black Caucus of the California Legislature, or his or her designee. (E) The Chair of the Latino Legislative Caucus of the California Legislature, or his or her designee. (F) The Chair of the Asian and Pacific Islander Caucus of the California Legislature, or his or her designee. (G) The Chair of the Lesbian, Gay, Bisexual, and Transgender Caucus of the California Legislature, or his or her designee. (H) A university professor who specializes in policing, and racial and identity equity. (I) Two representatives of civil rights tax-exempt organizations who specialize in civil and human rights and criminal justice. (J) Two community organizers who specialize in civil or human rights and criminal justice. (K) A clergy member who specializes in addressing and reducing bias toward individuals and groups based on religious beliefs or practices. (L) Other members as the board may prescribe. (3) RIPA shall investigate and analyze racial and identity profiling policies and practices in law enforcement. RIPA shall annually make publicly available its findings and recommendations. The first report of those findings and recommendations shall be issued no later than January 1, 2018.   SEC. 2.   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:  (a)   (1)  The amount and the types of offenses known to the public authorities.  (b)   (2)  The personal and social characteristics of criminals and delinquents.  (c)   (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.  (d)   (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.  (e) The number of citizens' complaints received by law enforcement agencies under Section 832.5. These statistics shall 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.   (5) (A) The total number of each of the following:  (i) Citizens complaints received by law enforcement agencies under Section 832.5.   (ii) Citizens complaints alleging criminal conduct of either a felony or misdemeanor.   (iii) Citizens 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 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 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 action 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.   It   (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 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 Section 13012. 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.   (d) Not later than July 1, 2017, the Attorney General, in consultation with stakeholders, including RIPA, federal, state, and local law enforcement agencies and community, professional, university academic, research, and civil and human rights organizations, shall issue regulations for the reporting of information pursuant to this section.   SEC. 3.   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  law enforcement   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   racial, identity,  and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a  racially and culturally  diverse  racial, identity, and cultural  environment. (b) The course of basic training for  law enforcement   peace  officers shall include adequate instruction on  racial   racial, identity,  and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all  racial   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. (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.   (1)   (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.   (2) Motorists who   (4)     Pedestrians, users of public transportation, and vehicular occupants who  have been  stopped   stopped, searched, interrogated, and subjected to a property seizure  by  the police   a peace officer  for no reason other than the color of their  skin or their apparent nationality or ethnicity   skin, national   origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability  are the victims of discriminatory practices.  (3)   (5)  It is the intent of the Legislature in enacting the changes  to Section 13519.4 of the Penal Code   this section  made by the act that added this  subdivision   paragraph  that more than additional training is required to address the pernicious practice of racial  or identity  profiling and that enactment of this  bill   section  is in no way dispositive of the issue of how the state should deal with racial  or identity  profiling.  (4) 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 law enforcement 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.  (e) "Racial  or identity  profiling," for purposes of this section, is 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   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 officer activities following an in   itial contact. 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 law enforcement   A peace  officer shall not engage in racial  or identity  profiling. (g) Every  law enforcement   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 utilize the Tools for Tolerance for Law Enforcement Professionals framework and shall include and examine  the   evidence-based  patterns, practices, and protocols that make up racial  profiling   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  appropriate groups and individuals having an interest and expertise in the field of racial profiling.   the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j).  The course of instruction shall include, but not be limited to,  adequate   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  the  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  law enforcement   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 and cultural trends.   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) The Legislative Analyst shall conduct a study of the data being voluntarily collected by those jurisdictions that have instituted a program of data collection with regard to racial profiling, including, but not limited to, the California Highway Patrol, the City of San Jose, and the City of San Diego, both to ascertain the incidence of racial profiling and whether data collection serves to address and prevent such practices, as well as to assess the value and efficacy of the training herein prescribed with respect to preventing local profiling. The Legislative Analyst may prescribe the manner in which the data is to be submitted and may request that police agencies collecting such data submit it in the requested manner. The Legislative Analyst shall provide to the Legislature a report and recommendations with regard to racial profiling by July 1, 2002.   (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 of the Chief Probation Officers of California, 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 clergy members who specialize in addressing and reducing bias toward individuals and groups based on religious beliefs or practices.   (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.   (B) Analyze law enforcement training under Section 13519.4.   (C) Investigate and analyze state and local law enforcement agencies' racial and identity profiling policies and practices.   (D) Issue a report that provides RIPA's analysis under subparagraphs (A) to (C), inclusive, including 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's 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.  SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.