| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Senate June 13, 2022 Amended IN Senate June 06, 2022 Amended IN Assembly March 23, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2547Introduced by Assembly Members Nazarian and Wicks(Coauthor: Assembly Member Gabriel)February 17, 2022 An act to add and repeal Article 5 (commencing with Section 9130) of Chapter 2 of Division 8.5 of the Welfare and Institutions Code, relating to housing. Section 13510.6 to the Penal Code, relating to peace officers.LEGISLATIVE COUNSEL'S DIGESTAB 2547, as amended, Nazarian. Housing Stabilization to Prevent and End Homelessness Among Older Adults and People with Disabilities Act. Peace officers: determination of bias.Existing law establishes the Commission on Peace Officer Standards and Training (POST) to set minimum standards for the recruitment and training of peace officers, to establish a certification for peace officers, and to develop training courses and curriculum for the training of peace officers. Existing law, commencing January 1, 2023, authorizes POST to suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer, or has, while employed as a peace officer, otherwise engaged in serious misconduct, which includes demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status. Existing law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer.This bill would require POST to establish a definition of biased conduct, as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants.Existing law, the Mello-Granlund Older Californians Act, establishes the California Department of Aging and states that the mission of the department is to provide leadership to area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. Existing law establishes the Senior Housing Information and Support Center within the department to serve various functions, including, among others, serving as a clearinghouse for information for seniors and their families regarding available innovative resources and senior services and promoting education and training for professionals who work directly with seniors in order to maximize opportunities for independent living.This bill, upon appropriation by the Legislature, would require the California Department of Aging, on or before January 1, 2024, to create and administer the Housing Stabilization to Prevent and End Homelessness Among Older Adults and People with Disabilities Program. The bill would require the department, in administering the program, to offer competitive grants to nonprofit community-based organizations, continuums of care, and public housing authorities to administer a housing subsidy program for older adults and persons with a disability that are experiencing homelessness or at risk of homelessness, as those terms are as defined. The bill would require the department, in establishing program guidelines, to prioritize communities where renters face high rates of poverty, as specified, displacement, gentrification, and homelessness.This bill would require an award recipient to use grant funds for subsidies for up to the amount of reasonable rent until the participant is able to access a long-term subsidy or no longer requires the housing subsidy, as prescribed. The bill would authorize a grantee to utilize up to 15% of its allocation for landlord recruitment and tenancy acquisition services, landlord incentives, and housing navigation and tenancy transition services, as those terms are defined.This bill would require the department to conduct specified oversight activities, including imposing reporting requirements on award recipients, requiring grantees to establish grievance processes, assessing whether the program is advancing equitable outcomes, and contracting with an independent evaluator to conduct an interim evaluation of program outcomes at specified intervals.The bill would repeal these provisions on December 31, 2028.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13510.6 is added to the Penal Code, to read:13510.6. (a) (1) The commission shall establish a definition of biased conduct that, at a minimum, includes all of the following:(A) Biased conduct includes conduct resulting from implicit and explicit biases.(B) Conduct is biased if a reasonable person would conclude so using the facts at hand.(C) An officer need not admit biased or prejudiced intent for conduct to reasonably appear biased.(D) Biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media.(2) Law enforcement agencies shall use the commissions definition of biased conduct in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias.(b) The commission shall develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate June 13, 2022 Amended IN Senate June 06, 2022 Amended IN Assembly March 23, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2547Introduced by Assembly Members Nazarian and Wicks(Coauthor: Assembly Member Gabriel)February 17, 2022 An act to add and repeal Article 5 (commencing with Section 9130) of Chapter 2 of Division 8.5 of the Welfare and Institutions Code, relating to housing. Section 13510.6 to the Penal Code, relating to peace officers.LEGISLATIVE COUNSEL'S DIGESTAB 2547, as amended, Nazarian. Housing Stabilization to Prevent and End Homelessness Among Older Adults and People with Disabilities Act. Peace officers: determination of bias.Existing law establishes the Commission on Peace Officer Standards and Training (POST) to set minimum standards for the recruitment and training of peace officers, to establish a certification for peace officers, and to develop training courses and curriculum for the training of peace officers. Existing law, commencing January 1, 2023, authorizes POST to suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer, or has, while employed as a peace officer, otherwise engaged in serious misconduct, which includes demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status. Existing law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer.This bill would require POST to establish a definition of biased conduct, as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants.Existing law, the Mello-Granlund Older Californians Act, establishes the California Department of Aging and states that the mission of the department is to provide leadership to area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. Existing law establishes the Senior Housing Information and Support Center within the department to serve various functions, including, among others, serving as a clearinghouse for information for seniors and their families regarding available innovative resources and senior services and promoting education and training for professionals who work directly with seniors in order to maximize opportunities for independent living.This bill, upon appropriation by the Legislature, would require the California Department of Aging, on or before January 1, 2024, to create and administer the Housing Stabilization to Prevent and End Homelessness Among Older Adults and People with Disabilities Program. The bill would require the department, in administering the program, to offer competitive grants to nonprofit community-based organizations, continuums of care, and public housing authorities to administer a housing subsidy program for older adults and persons with a disability that are experiencing homelessness or at risk of homelessness, as those terms are as defined. The bill would require the department, in establishing program guidelines, to prioritize communities where renters face high rates of poverty, as specified, displacement, gentrification, and homelessness.This bill would require an award recipient to use grant funds for subsidies for up to the amount of reasonable rent until the participant is able to access a long-term subsidy or no longer requires the housing subsidy, as prescribed. The bill would authorize a grantee to utilize up to 15% of its allocation for landlord recruitment and tenancy acquisition services, landlord incentives, and housing navigation and tenancy transition services, as those terms are defined.This bill would require the department to conduct specified oversight activities, including imposing reporting requirements on award recipients, requiring grantees to establish grievance processes, assessing whether the program is advancing equitable outcomes, and contracting with an independent evaluator to conduct an interim evaluation of program outcomes at specified intervals.The bill would repeal these provisions on December 31, 2028.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate June 13, 2022 Amended IN Senate June 06, 2022 Amended IN Assembly March 23, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate June 16, 2022 | |
| 8 | 7 | Amended IN Senate June 13, 2022 | |
| 9 | 8 | Amended IN Senate June 06, 2022 | |
| 10 | 9 | Amended IN Assembly March 23, 2022 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Assembly Bill | |
| 15 | 14 | ||
| 16 | 15 | No. 2547 | |
| 17 | 16 | ||
| 18 | - | Introduced by Assembly Members | |
| 17 | + | Introduced by Assembly Members Nazarian and Wicks(Coauthor: Assembly Member Gabriel)February 17, 2022 | |
| 19 | 18 | ||
| 20 | - | Introduced by Assembly Members | |
| 19 | + | Introduced by Assembly Members Nazarian and Wicks(Coauthor: Assembly Member Gabriel) | |
| 21 | 20 | February 17, 2022 | |
| 22 | 21 | ||
| 23 | - | An act to add Section 13510.6 to the Penal Code, relating to peace officers. | |
| 22 | + | An act to add and repeal Article 5 (commencing with Section 9130) of Chapter 2 of Division 8.5 of the Welfare and Institutions Code, relating to housing. Section 13510.6 to the Penal Code, relating to peace officers. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | - | AB 2547, as amended, Nazarian. Peace officers: determination of bias. | |
| 28 | + | AB 2547, as amended, Nazarian. Housing Stabilization to Prevent and End Homelessness Among Older Adults and People with Disabilities Act. Peace officers: determination of bias. | |
| 30 | 29 | ||
| 31 | - | Existing law establishes the Commission on Peace Officer Standards and Training (POST) to set minimum standards for the recruitment and training of peace officers, to establish a certification for peace officers, and to develop training courses and curriculum for the training of peace officers. Existing law, commencing January 1, 2023, authorizes POST to suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer, or has, while employed as a peace officer, otherwise engaged in serious misconduct, which includes demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status. Existing law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer.This bill would require POST to establish a definition of biased conduct, as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants.Existing law establishes the | |
| 30 | + | Existing law establishes the Commission on Peace Officer Standards and Training (POST) to set minimum standards for the recruitment and training of peace officers, to establish a certification for peace officers, and to develop training courses and curriculum for the training of peace officers. Existing law, commencing January 1, 2023, authorizes POST to suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer, or has, while employed as a peace officer, otherwise engaged in serious misconduct, which includes demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status. Existing law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer.This bill would require POST to establish a definition of biased conduct, as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants.Existing law, the Mello-Granlund Older Californians Act, establishes the California Department of Aging and states that the mission of the department is to provide leadership to area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. Existing law establishes the Senior Housing Information and Support Center within the department to serve various functions, including, among others, serving as a clearinghouse for information for seniors and their families regarding available innovative resources and senior services and promoting education and training for professionals who work directly with seniors in order to maximize opportunities for independent living.This bill, upon appropriation by the Legislature, would require the California Department of Aging, on or before January 1, 2024, to create and administer the Housing Stabilization to Prevent and End Homelessness Among Older Adults and People with Disabilities Program. The bill would require the department, in administering the program, to offer competitive grants to nonprofit community-based organizations, continuums of care, and public housing authorities to administer a housing subsidy program for older adults and persons with a disability that are experiencing homelessness or at risk of homelessness, as those terms are as defined. The bill would require the department, in establishing program guidelines, to prioritize communities where renters face high rates of poverty, as specified, displacement, gentrification, and homelessness.This bill would require an award recipient to use grant funds for subsidies for up to the amount of reasonable rent until the participant is able to access a long-term subsidy or no longer requires the housing subsidy, as prescribed. The bill would authorize a grantee to utilize up to 15% of its allocation for landlord recruitment and tenancy acquisition services, landlord incentives, and housing navigation and tenancy transition services, as those terms are defined.This bill would require the department to conduct specified oversight activities, including imposing reporting requirements on award recipients, requiring grantees to establish grievance processes, assessing whether the program is advancing equitable outcomes, and contracting with an independent evaluator to conduct an interim evaluation of program outcomes at specified intervals.The bill would repeal these provisions on December 31, 2028. | |
| 32 | 31 | ||
| 33 | 32 | Existing law establishes the Commission on Peace Officer Standards and Training (POST) to set minimum standards for the recruitment and training of peace officers, to establish a certification for peace officers, and to develop training courses and curriculum for the training of peace officers. Existing law, commencing January 1, 2023, authorizes POST to suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer, or has, while employed as a peace officer, otherwise engaged in serious misconduct, which includes demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status. Existing law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer. | |
| 34 | 33 | ||
| 35 | 34 | This bill would require POST to establish a definition of biased conduct, as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. | |
| 36 | 35 | ||
| 37 | - | Existing law establishes the | |
| 36 | + | Existing law, the Mello-Granlund Older Californians Act, establishes the California Department of Aging and states that the mission of the department is to provide leadership to area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. Existing law establishes the Senior Housing Information and Support Center within the department to serve various functions, including, among others, serving as a clearinghouse for information for seniors and their families regarding available innovative resources and senior services and promoting education and training for professionals who work directly with seniors in order to maximize opportunities for independent living. | |
| 38 | 37 | ||
| 39 | 38 | ||
| 40 | 39 | ||
| 41 | - | This bill would require POST to establish a definition of biased conduct, as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. | |
| 40 | + | This bill, upon appropriation by the Legislature, would require the California Department of Aging, on or before January 1, 2024, to create and administer the Housing Stabilization to Prevent and End Homelessness Among Older Adults and People with Disabilities Program. The bill would require the department, in administering the program, to offer competitive grants to nonprofit community-based organizations, continuums of care, and public housing authorities to administer a housing subsidy program for older adults and persons with a disability that are experiencing homelessness or at risk of homelessness, as those terms are as defined. The bill would require the department, in establishing program guidelines, to prioritize communities where renters face high rates of poverty, as specified, displacement, gentrification, and homelessness. | |
| 41 | + | ||
| 42 | + | ||
| 43 | + | ||
| 44 | + | This bill would require an award recipient to use grant funds for subsidies for up to the amount of reasonable rent until the participant is able to access a long-term subsidy or no longer requires the housing subsidy, as prescribed. The bill would authorize a grantee to utilize up to 15% of its allocation for landlord recruitment and tenancy acquisition services, landlord incentives, and housing navigation and tenancy transition services, as those terms are defined. | |
| 45 | + | ||
| 46 | + | ||
| 47 | + | ||
| 48 | + | This bill would require the department to conduct specified oversight activities, including imposing reporting requirements on award recipients, requiring grantees to establish grievance processes, assessing whether the program is advancing equitable outcomes, and contracting with an independent evaluator to conduct an interim evaluation of program outcomes at specified intervals. | |
| 49 | + | ||
| 50 | + | ||
| 51 | + | ||
| 52 | + | The bill would repeal these provisions on December 31, 2028. | |
| 42 | 53 | ||
| 43 | 54 | ||
| 44 | 55 | ||
| 45 | 56 | ## Digest Key | |
| 46 | 57 | ||
| 47 | 58 | ## Bill Text | |
| 48 | 59 | ||
| 49 | - | The people of the State of California do enact as follows:SECTION 1. Section 13510.6 is added to the Penal Code, to read:13510.6. (a) (1) The commission shall establish a definition of biased conduct that, at a minimum, includes all of the following:(A) Biased conduct includes conduct resulting from implicit and explicit biases.(B) Conduct is biased if a reasonable person would conclude so using the facts at hand.(C) An officer need not admit biased or prejudiced intent for conduct to reasonably appear biased.(D) Biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media.(2) Law enforcement agencies shall use the commissions definition of biased conduct in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias.(b) The commission shall develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups. | |
| 60 | + | The people of the State of California do enact as follows:SECTION 1. Section 13510.6 is added to the Penal Code, to read:13510.6. (a) (1) The commission shall establish a definition of biased conduct that, at a minimum, includes all of the following:(A) Biased conduct includes conduct resulting from implicit and explicit biases.(B) Conduct is biased if a reasonable person would conclude so using the facts at hand.(C) An officer need not admit biased or prejudiced intent for conduct to reasonably appear biased.(D) Biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media.(2) Law enforcement agencies shall use the commissions definition of biased conduct in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias.(b) The commission shall develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups. | |
| 50 | 61 | ||
| 51 | 62 | The people of the State of California do enact as follows: | |
| 52 | 63 | ||
| 53 | 64 | ## The people of the State of California do enact as follows: | |
| 54 | 65 | ||
| 55 | 66 | SECTION 1. Section 13510.6 is added to the Penal Code, to read:13510.6. (a) (1) The commission shall establish a definition of biased conduct that, at a minimum, includes all of the following:(A) Biased conduct includes conduct resulting from implicit and explicit biases.(B) Conduct is biased if a reasonable person would conclude so using the facts at hand.(C) An officer need not admit biased or prejudiced intent for conduct to reasonably appear biased.(D) Biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media.(2) Law enforcement agencies shall use the commissions definition of biased conduct in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias.(b) The commission shall develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups. | |
| 56 | 67 | ||
| 57 | 68 | SECTION 1. Section 13510.6 is added to the Penal Code, to read: | |
| 58 | 69 | ||
| 59 | 70 | ### SECTION 1. | |
| 60 | 71 | ||
| 61 | 72 | 13510.6. (a) (1) The commission shall establish a definition of biased conduct that, at a minimum, includes all of the following:(A) Biased conduct includes conduct resulting from implicit and explicit biases.(B) Conduct is biased if a reasonable person would conclude so using the facts at hand.(C) An officer need not admit biased or prejudiced intent for conduct to reasonably appear biased.(D) Biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media.(2) Law enforcement agencies shall use the commissions definition of biased conduct in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias.(b) The commission shall develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups. | |
| 62 | 73 | ||
| 63 | 74 | 13510.6. (a) (1) The commission shall establish a definition of biased conduct that, at a minimum, includes all of the following:(A) Biased conduct includes conduct resulting from implicit and explicit biases.(B) Conduct is biased if a reasonable person would conclude so using the facts at hand.(C) An officer need not admit biased or prejudiced intent for conduct to reasonably appear biased.(D) Biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media.(2) Law enforcement agencies shall use the commissions definition of biased conduct in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias.(b) The commission shall develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups. | |
| 64 | 75 | ||
| 65 | 76 | 13510.6. (a) (1) The commission shall establish a definition of biased conduct that, at a minimum, includes all of the following:(A) Biased conduct includes conduct resulting from implicit and explicit biases.(B) Conduct is biased if a reasonable person would conclude so using the facts at hand.(C) An officer need not admit biased or prejudiced intent for conduct to reasonably appear biased.(D) Biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media.(2) Law enforcement agencies shall use the commissions definition of biased conduct in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias.(b) The commission shall develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups. | |
| 66 | 77 | ||
| 67 | 78 | ||
| 68 | 79 | ||
| 69 | 80 | 13510.6. (a) (1) The commission shall establish a definition of biased conduct that, at a minimum, includes all of the following: | |
| 70 | 81 | ||
| 71 | 82 | (A) Biased conduct includes conduct resulting from implicit and explicit biases. | |
| 72 | 83 | ||
| 73 | 84 | (B) Conduct is biased if a reasonable person would conclude so using the facts at hand. | |
| 74 | 85 | ||
| 75 | 86 | (C) An officer need not admit biased or prejudiced intent for conduct to reasonably appear biased. | |
| 76 | 87 | ||
| 77 | 88 | (D) Biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media. | |
| 78 | 89 | ||
| 79 | 90 | (2) Law enforcement agencies shall use the commissions definition of biased conduct in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias. | |
| 80 | 91 | ||
| 81 | 92 | (b) The commission shall develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups. | |
| 82 | - | ||
| 83 | - | ||
| 84 | - | ||
| 85 | - | ||
| 86 | - | ||
| 87 | - | (a)(1)The commission shall establish a definition of biased conduct that, at a minimum, includes all of the following: | |
| 88 | - | ||
| 89 | - | ||
| 90 | - | ||
| 91 | - | (A)Biased conduct includes conduct resulting from implicit and explicit biases. | |
| 92 | - | ||
| 93 | - | ||
| 94 | - | ||
| 95 | - | (B)Conduct is biased if a reasonable person would conclude so using the facts at hand. | |
| 96 | - | ||
| 97 | - | ||
| 98 | - | ||
| 99 | - | (C)An officer need not admit biased or prejudiced intent for conduct to reasonably appear biased. | |
| 100 | - | ||
| 101 | - | ||
| 102 | - | ||
| 103 | - | (D)Biased conduct may occur in an encounter with the public, with other officers, or online, such as conduct on social media. | |
| 104 | - | ||
| 105 | - | ||
| 106 | - | ||
| 107 | - | (2)Law enforcement agencies shall use the commissions definition of biased conduct in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias. | |
| 108 | - | ||
| 109 | - | ||
| 110 | - | ||
| 111 | - | (b)The commission shall develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups. |