California 2021-2022 Regular Session

California Senate Bill SR41 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled July 16, 2021 Passed IN Senate July 12, 2021~~ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Resolution No. 41Introduced by Senator CaballeroJune 10, 2021 Relative to motorcycle profiling. LEGISLATIVE COUNSEL'S DIGESTSR 41, Caballero. Digest KeyBill TextWHEREAS, According to the Department of Motor Vehicles, there were 857,273 motorcycles registered in California in 2019; andWHEREAS, Motorcycle profiling is the illegal use of the fact that a person rides a motorcycle or wears motorcycle-related apparel as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis under the Constitution of the United States; andWHEREAS, As of January 2021, the annual National Motorcycle Profiling Survey conducted during 2020 by the Motorcycle Profiling Project found that of those who reported being profiled by law enforcement, 5.58 percent were members of religious clubs, 11.84 percent were members of veteran clubs, 28.57 percent were members of traditional motorcycle clubs, and 31.02 percent were independent riders; and WHEREAS, As of January 2020, this same National Motorcycle Profiling Survey showed that between 2014 and 2019, survey participants reported that they felt that the reason they were profiled was because they were either riding a motorcycle or wearing motorcycle-related clothing or colors. In addition, the number of riders who felt this way increased from nearly 20 percent in 2014 to nearly 50 percent in 2019; andWHEREAS, As of January 2021, this same National Motorcycle Profiling Survey showed that motorcycle profiling was occurring throughout the State of California from Redding and Eureka to Ukiah and Oroville, to Santa Rosa and Sacramento, to Alameda and Modesto, to San Jose and Santa Cruz, to Fresno and Lemoore, to Los Angeles and Palm Springs, to San Diego and many other locations in between; andWHEREAS, As of January 2021, this same National Motorcycle Profiling Survey showed that 86.26 percent of the survey participants agreed that there should be a state or federal law addressing the issue of motorcycle profiling and discrimination towards motorcyclists; and WHEREAS, Complaints regarding motorcycle profiling have been cited in all 50 states; and WHEREAS, Rallies to raise awareness and combat motorcycle profiling have been held in multiple states and six times at the California State Capitol since 2011; andWHEREAS, In 2011, the State of Washington enacted a law requiring the criminal justice training commission to ensure that issues related to motorcycle profiling are addressed in basic law enforcement training and offered to in-service law enforcement officers in conjunction with existing training regarding profiling; andWHEREAS, Reported incidents of motorcycle profiling have dropped by approximately 90 percent in the State of Washington since the 2011 legislation was enacted; andWHEREAS, In May 2016, Maryland became the second state to pass a law addressing the issue of motorcycle profiling; andWHEREAS, In June 2019, Louisiana became the third state to pass a law addressing the issue of motorcycle profiling; and WHEREAS, In March 2020, Idaho became the fourth state to pass a law addressing the issue of motorcycle profiling; and WHEREAS, In December of 2018, the United States Senate unanimously passed a resolution promoting awareness of motorcycle profiling across all 50 states; andWHEREAS, Members of the United States House of Representatives have recognized the importance of promoting awareness of motorcycle profiling across all 50 states; and WHEREAS, Since 2016, the Racial and Identity Profiling Act of 2015 has been making progress with state and local law enforcement agencies to monitor and report profiling incidents; now, therefore, be itResolved by the Senate of the State of California, That the Senate promotes increased public awareness on the issue of motorcycle profiling; and be it furtherResolved, That the Senate encourages collaboration and communication between the motorcycle community and local and state law enforcement agencies to engage in efforts to end motorcycle profiling; and be it furtherResolved, That the Senate urges state law enforcement officials to include statements condemning motorcycle profiling in written policies and training materials; and be it further Resolved, That the Secretary of the Senate transmit copies of this resolution to the Department of Justice with the intent that it be distributed to local and state law enforcement agencies.
	1	+	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Resolution No. 41Introduced by Senator CaballeroJune 10, 2021 Relative to motorcycle profiling. LEGISLATIVE COUNSEL'S DIGESTSR 41, as introduced, Caballero. Digest KeyBill TextWHEREAS, According to the Department of Motor Vehicles, there were 857,273 motorcycles registered in California in 2019; andWHEREAS, Motorcycle profiling is the illegal use of the fact that a person rides a motorcycle or wears motorcycle-related apparel as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis under the Constitution of the United States; andWHEREAS, As of January 2021, the annual National Motorcycle Profiling Survey conducted during 2020 by the Motorcycle Profiling Project found that of those who reported being profiled by law enforcement, 5.58 percent were members of religious clubs, 11.84 percent were members of veteran clubs, 28.57 percent were members of traditional motorcycle clubs, and 31.02 percent were independent riders; and WHEREAS, As of January 2020, this same National Motorcycle Profiling Survey showed that between 2014 and 2019, survey participants reported that they felt that the reason they were profiled was because they were either riding a motorcycle or wearing motorcycle-related clothing or colors. In addition, the number of riders who felt this way increased from nearly 20 percent in 2014 to nearly 50 percent in 2019; andWHEREAS, As of January 2021, this same National Motorcycle Profiling Survey showed that motorcycle profiling was occurring throughout the State of California from Redding and Eureka to Ukiah and Oroville, to Santa Rosa and Sacramento, to Alameda and Modesto, to San Jose and Santa Cruz, to Fresno and Lemoore, to Los Angeles and Palm Springs, to San Diego and many other locations in between; andWHEREAS, As of January 2021, this same National Motorcycle Profiling Survey showed that 86.26 percent of the survey participants agreed that there should be a state or federal law addressing the issue of motorcycle profiling and discrimination towards motorcyclists; and WHEREAS, Complaints regarding motorcycle profiling have been cited in all 50 states; and WHEREAS, Rallies to raise awareness and combat motorcycle profiling have been held in multiple states and six times at the California State Capitol since 2011; andWHEREAS, In 2011, the State of Washington enacted a law requiring the criminal justice training commission to ensure that issues related to motorcycle profiling are addressed in basic law enforcement training and offered to in-service law enforcement officers in conjunction with existing training regarding profiling; andWHEREAS, Reported incidents of motorcycle profiling have dropped by approximately 90 percent in the State of Washington since the 2011 legislation was enacted; andWHEREAS, In May 2016, Maryland became the second state to pass a law addressing the issue of motorcycle profiling; andWHEREAS, In June 2019, Louisiana became the third state to pass a law addressing the issue of motorcycle profiling; and WHEREAS, In March 2020, Idaho became the fourth state to pass a law addressing the issue of motorcycle profiling; and WHEREAS, In December of 2018, the United States Senate unanimously passed a resolution promoting awareness of motorcycle profiling across all 50 states; andWHEREAS, Members of the United States House of Representatives have recognized the importance of promoting awareness of motorcycle profiling across all 50 states; and WHEREAS, Since 2016, the Racial and Identity Profiling Act of 2015 has been making progress with state and local law enforcement agencies to monitor and report profiling incidents; now, therefore, be itResolved by the Senate of the State of California, That the Senate promotes increased public awareness on the issue of motorcycle profiling; and be it furtherResolved, That the Senate encourages collaboration and communication between the motorcycle community and local and state law enforcement agencies to engage in efforts to end motorcycle profiling; and be it furtherResolved, That the Senate urges state law enforcement officials to include statements condemning motorcycle profiling in written policies and training materials; and be it further Resolved, That the Secretary of the Senate transmit copies of this resolution to the Department of Justice with the intent that it be distributed to local and state law enforcement agencies.
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3		-	~~Enrolled July 16, 2021 Passed IN Senate July 12, 2021~~ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Resolution No. 41Introduced by Senator CaballeroJune 10, 2021 Relative to motorcycle profiling. LEGISLATIVE COUNSEL'S DIGESTSR 41, Caballero. Digest Key
	3	+	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Resolution No. 41Introduced by Senator CaballeroJune 10, 2021 Relative to motorcycle profiling. LEGISLATIVE COUNSEL'S DIGESTSR 41, as introduced, Caballero. Digest Key
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5		-	Enrolled July 16, 2021 Passed IN Senate July 12, 2021
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7		-	~~Enrolled July 16, 2021~~
8		-	~~Passed IN Senate July 12, 2021~~
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10	9		CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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12	11		Senate Resolution
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14	13		No. 41
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16	15		Introduced by Senator CaballeroJune 10, 2021
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18	17		Introduced by Senator Caballero
19	18		June 10, 2021
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21	20		Relative to motorcycle profiling.
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23	22		LEGISLATIVE COUNSEL'S DIGEST
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25	24		## LEGISLATIVE COUNSEL'S DIGEST
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27		-	SR 41, Caballero.
	26	+	SR 41, as introduced, Caballero.
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29	28
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31	30		## Digest Key
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33	32		## Bill Text
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35	34		WHEREAS, According to the Department of Motor Vehicles, there were 857,273 motorcycles registered in California in 2019; and
36	35
37	36		WHEREAS, Motorcycle profiling is the illegal use of the fact that a person rides a motorcycle or wears motorcycle-related apparel as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis under the Constitution of the United States; and
38	37
39	38		WHEREAS, As of January 2021, the annual National Motorcycle Profiling Survey conducted during 2020 by the Motorcycle Profiling Project found that of those who reported being profiled by law enforcement, 5.58 percent were members of religious clubs, 11.84 percent were members of veteran clubs, 28.57 percent were members of traditional motorcycle clubs, and 31.02 percent were independent riders; and
40	39
41	40		WHEREAS, As of January 2020, this same National Motorcycle Profiling Survey showed that between 2014 and 2019, survey participants reported that they felt that the reason they were profiled was because they were either riding a motorcycle or wearing motorcycle-related clothing or colors. In addition, the number of riders who felt this way increased from nearly 20 percent in 2014 to nearly 50 percent in 2019; and
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43	42		WHEREAS, As of January 2021, this same National Motorcycle Profiling Survey showed that motorcycle profiling was occurring throughout the State of California from Redding and Eureka to Ukiah and Oroville, to Santa Rosa and Sacramento, to Alameda and Modesto, to San Jose and Santa Cruz, to Fresno and Lemoore, to Los Angeles and Palm Springs, to San Diego and many other locations in between; and
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45	44		WHEREAS, As of January 2021, this same National Motorcycle Profiling Survey showed that 86.26 percent of the survey participants agreed that there should be a state or federal law addressing the issue of motorcycle profiling and discrimination towards motorcyclists; and
46	45
47	46		WHEREAS, Complaints regarding motorcycle profiling have been cited in all 50 states; and
48	47
49	48		WHEREAS, Rallies to raise awareness and combat motorcycle profiling have been held in multiple states and six times at the California State Capitol since 2011; and
50	49
51	50		WHEREAS, In 2011, the State of Washington enacted a law requiring the criminal justice training commission to ensure that issues related to motorcycle profiling are addressed in basic law enforcement training and offered to in-service law enforcement officers in conjunction with existing training regarding profiling; and
52	51
53	52		WHEREAS, Reported incidents of motorcycle profiling have dropped by approximately 90 percent in the State of Washington since the 2011 legislation was enacted; and
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55	54		WHEREAS, In May 2016, Maryland became the second state to pass a law addressing the issue of motorcycle profiling; and
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57	56		WHEREAS, In June 2019, Louisiana became the third state to pass a law addressing the issue of motorcycle profiling; and
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59	58		WHEREAS, In March 2020, Idaho became the fourth state to pass a law addressing the issue of motorcycle profiling; and
60	59
61	60		WHEREAS, In December of 2018, the United States Senate unanimously passed a resolution promoting awareness of motorcycle profiling across all 50 states; and
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63	62		WHEREAS, Members of the United States House of Representatives have recognized the importance of promoting awareness of motorcycle profiling across all 50 states; and
64	63
65	64		WHEREAS, Since 2016, the Racial and Identity Profiling Act of 2015 has been making progress with state and local law enforcement agencies to monitor and report profiling incidents; now, therefore, be it
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67	66		Resolved by the Senate of the State of California, That the Senate promotes increased public awareness on the issue of motorcycle profiling; and be it further
68	67
69	68		Resolved, That the Senate encourages collaboration and communication between the motorcycle community and local and state law enforcement agencies to engage in efforts to end motorcycle profiling; and be it further
70	69
71	70		Resolved, That the Senate urges state law enforcement officials to include statements condemning motorcycle profiling in written policies and training materials; and be it further
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73	72		Resolved, That the Secretary of the Senate transmit copies of this resolution to the Department of Justice with the intent that it be distributed to local and state law enforcement agencies.