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| 1 | + | Amended IN Senate June 10, 2024 Amended IN Senate September 13, 2023 Amended IN Assembly April 13, 2023 Amended IN Assembly March 23, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 459Introduced by Assembly Member Kalra(Principal coauthor: Assembly Member Haney)February 06, 2023An act to add Section 927 to the Labor Code, relating to employment. An act to amend Section 12525.5 of the Government Code, relating to law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 459, as amended, Kalra. Contracts against public policy: personal or professional services: digital replicas. Peace officers: Attorney General: reports.Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops conducted by the agencys peace officers, and requires that data to include specified information, including the time, date, and location of the stop, and the reason given to the person stopped at the time of the stop. Existing law also makes all stop data and reports public records.This bill would revise these provisions to require each state and local agency that employs peace officers to report stop data to the Attorney General, as described above, by March 1, as specified. The bill would require those agencies to report semiannually reporting if reporting issues or unresolved errors are identified in their submissions, as specified. By imposing new duties on local agencies, the bill would impose a state-mandated local program.This bill would specify that any stop data reported by a state or local agency in an open text or narrative field only be made available from the reporting agency and not from the Attorney General. The bill would also require the Attorney General to provide all state and local agency stop data to public or private entities, as specified, for the study of racial and identity profiling by law enforcement. The bill would make related findings and declarations.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.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 the statutory provisions noted above.Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employees membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations, under the direction of the Labor Commissioner.This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual or to train a generative artificial intelligence system. The bill would provide that it shall apply retroactively. The bill would require any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing such a provision, by February 1, 2024, to notify that individual in writing that the provision is unenforceable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The data reported under the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) provides important information about the state of policing in California.(b) Despite existing prohibitions that law enforcement agencies shall not include personally identifiable information of individuals stopped or unique identifying information of the officers in their reports, this information continues to be included in open text and narrative fields.(c) Over 4,500,000 reports were submitted to the Department of Justice in 2022. Unlike the local law enforcement agencies, the Department of Justice is uniquely situated in that it is the repository of all reports statewide, resulting in it maintaining millions of reports. Over the next decade, the Department of Justice is anticipated to receive tens of millions of reports.(d) The Department of Justice lacks resources to review and redact the millions of reports in its possession to ensure that stopped individuals personally identifiable information or officers unique identifying information is not released to the public.(e) For similar types of sensitive information, the Legislature has balanced the publics right to know with the risk of disclosure of personally identifiable information by limiting the disclosure of such information from the Department of Justice to the public, while authorizing research, educational, and similar institutions to receive sensitive information to conduct research in support of public policy.(f) It is the intent of the Legislature to ensure that the full reports, including open text and narrative fields, remain publicly available from the reporting agencies, which are already responsible for reviewing and redacting any personally identifiable information or unique identifying information hat may have been included in open text and narrative fields before the reports are transmitted to the Department of Justice and released to the public.(g) It is the intent of the Legislature that portions of the reports, specifically, open text and narrative fields that potentially contain personally identifiable information, be available to the public solely from the reporting agencies and not from the Department of Justice.(h) It is the intent of the Legislature that portions of reports, specifically, open text and narrative fields that potentially contain personally identifiable information, be treated like criminal history and similarly sensitive information. It is the intent of the Legislature that such portions maintained by the Department of Justice be made available to stakeholders and researchers, in order for stakeholders and researchers to make recommendations and develop best practices for discussion and implementation of reforms that will improve public safety in California.SEC. 2. Section 12525.5 of the Government Code is amended to read:12525.5. (a) (1) Each state and local agency that employs peace officers shall annually preserve and report to the Attorney General data on all stops conducted by that agencys peace officers officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year.(2)Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round of reports on or before April 1, 2022. Each agency that employs 1 or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023.(2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1.(3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1.(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:(1) The time, date, and location of the stop.(2) The reason for the stop.(3) The reason given to the person stopped at the time of the stop.(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.(5) If a warning or citation was issued, the warning provided or violation cited.(6) If an arrest was made, the offense charged.(7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.(8) 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, if so, the basis for the 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 the officers agency the information specified under subdivision (b).(d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field.(2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the Attorney General shall provide all data reported, including open text or narrative fields, to public or private entities for educational, advocacy, or research purposes relating to studying racial and identity profiling by law enforcement. The Attorney General shall issue regulations governing how the data is provided to the public and private entities.(3) Notwithstanding any other law, the Department of Justice shall not be liable for the disclosure by another entity of personally identifiable information of the individual stopped, unique identifying information of the peace officer, or any other information exempt from disclosure pursuant to this section.(e) Not later than January 1, 2018, 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, the regulations should be compatible with any similar federal data collection or reporting program.(f) All Except for the restrictions specified in paragraph (2) of subdivision (d), all data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005.(g) (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, 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 persons body or property in the persons possession or control.(h) This section shall become operative on January 1, 2024.SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 12525.5 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to ensure that stopped individuals personally identifiable information and officers unique identifying information is not released to the public, it is necessary to limit access to open text and narrative field stop data reported by state and local agencies to the Attorney General.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.SECTION 1.Section 927 is added to the Labor Code, to read:927.(a)A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code if the provision meets all of the following conditions:(1)The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person or allows for the use of the individuals voice and likeness to train a generative artificial intelligence system.(2)The provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system.(3)The individual was not represented in either of the following manners:(A)Represented by legal counsel who negotiated on behalf of the individual licensing their digital replica rights and the licensing terms exist in a standalone written agreement.(B)Represented by a labor union representing workers who do the proposed work and the terms of their collective bargaining agreement expressly covers uses of digital replicas and generative artificial intelligence systems.(b)This section shall apply retroactively.(c)Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2024, shall notify that individual in writing that the provision is unenforceable. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate June 10, 2024 Amended IN Senate September 13, 2023 Amended IN Assembly April 13, 2023 Amended IN Assembly March 23, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 459Introduced by Assembly Member Kalra(Principal coauthor: Assembly Member Haney)February 06, 2023An act to add Section 927 to the Labor Code, relating to employment. An act to amend Section 12525.5 of the Government Code, relating to law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 459, as amended, Kalra. Contracts against public policy: personal or professional services: digital replicas. Peace officers: Attorney General: reports.Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops conducted by the agencys peace officers, and requires that data to include specified information, including the time, date, and location of the stop, and the reason given to the person stopped at the time of the stop. Existing law also makes all stop data and reports public records.This bill would revise these provisions to require each state and local agency that employs peace officers to report stop data to the Attorney General, as described above, by March 1, as specified. The bill would require those agencies to report semiannually reporting if reporting issues or unresolved errors are identified in their submissions, as specified. By imposing new duties on local agencies, the bill would impose a state-mandated local program.This bill would specify that any stop data reported by a state or local agency in an open text or narrative field only be made available from the reporting agency and not from the Attorney General. The bill would also require the Attorney General to provide all state and local agency stop data to public or private entities, as specified, for the study of racial and identity profiling by law enforcement. The bill would make related findings and declarations.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.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 the statutory provisions noted above.Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employees membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations, under the direction of the Labor Commissioner.This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual or to train a generative artificial intelligence system. The bill would provide that it shall apply retroactively. The bill would require any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing such a provision, by February 1, 2024, to notify that individual in writing that the provision is unenforceable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate June 10, 2024 Amended IN Senate September 13, 2023 Amended IN Assembly April 13, 2023 Amended IN Assembly March 23, 2023 Amended IN Assembly March 16, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate July 03, 2024 | |
| 8 | 7 | Amended IN Senate June 10, 2024 | |
| 9 | 8 | Amended IN Senate September 13, 2023 | |
| 10 | 9 | Amended IN Assembly April 13, 2023 | |
| 11 | 10 | Amended IN Assembly March 23, 2023 | |
| 12 | 11 | Amended IN Assembly March 16, 2023 | |
| 13 | 12 | ||
| 14 | 13 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 15 | 14 | ||
| 16 | 15 | Assembly Bill | |
| 17 | 16 | ||
| 18 | 17 | No. 459 | |
| 19 | 18 | ||
| 20 | 19 | Introduced by Assembly Member Kalra(Principal coauthor: Assembly Member Haney)February 06, 2023 | |
| 21 | 20 | ||
| 22 | 21 | Introduced by Assembly Member Kalra(Principal coauthor: Assembly Member Haney) | |
| 23 | 22 | February 06, 2023 | |
| 24 | 23 | ||
| 25 | - | An act to amend Section 12525.5 of the Government Code, relating to law enforcement. | |
| 24 | + | An act to add Section 927 to the Labor Code, relating to employment. An act to amend Section 12525.5 of the Government Code, relating to law enforcement. | |
| 26 | 25 | ||
| 27 | 26 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | 28 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 29 | ||
| 31 | - | AB 459, as amended, Kalra. Peace officers: Attorney General: reports. | |
| 30 | + | AB 459, as amended, Kalra. Contracts against public policy: personal or professional services: digital replicas. Peace officers: Attorney General: reports. | |
| 32 | 31 | ||
| 33 | - | Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops conducted by the agencys peace officers, and requires that data to include specified information, including the time, date, and location of the stop, and the reason given to the person stopped at the time of the stop. Existing law also makes all stop data and reports public records.This bill would revise these provisions to require each state and local agency that employs peace officers to report stop data to the Attorney General, as described above, by March 1, as specified. The bill would require those agencies to report semiannually reporting if reporting issues or unresolved errors are identified in their submissions, as specified. By imposing new duties on local agencies, the bill would impose a state-mandated local program.This bill would specify that any stop data reported by a state or local agency in an open text or narrative field only be made available from the reporting agency and not from the Attorney General. The bill would also require the Attorney General to provide all state and local agency stop data to public or private entities, as specified, for the study of racial and identity profiling by law enforcement. The bill would make related findings and declarations.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.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 the statutory provisions noted above. | |
| 32 | + | Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops conducted by the agencys peace officers, and requires that data to include specified information, including the time, date, and location of the stop, and the reason given to the person stopped at the time of the stop. Existing law also makes all stop data and reports public records.This bill would revise these provisions to require each state and local agency that employs peace officers to report stop data to the Attorney General, as described above, by March 1, as specified. The bill would require those agencies to report semiannually reporting if reporting issues or unresolved errors are identified in their submissions, as specified. By imposing new duties on local agencies, the bill would impose a state-mandated local program.This bill would specify that any stop data reported by a state or local agency in an open text or narrative field only be made available from the reporting agency and not from the Attorney General. The bill would also require the Attorney General to provide all state and local agency stop data to public or private entities, as specified, for the study of racial and identity profiling by law enforcement. The bill would make related findings and declarations.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.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 the statutory provisions noted above.Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employees membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations, under the direction of the Labor Commissioner.This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual or to train a generative artificial intelligence system. The bill would provide that it shall apply retroactively. The bill would require any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing such a provision, by February 1, 2024, to notify that individual in writing that the provision is unenforceable. | |
| 34 | 33 | ||
| 35 | 34 | Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops conducted by the agencys peace officers, and requires that data to include specified information, including the time, date, and location of the stop, and the reason given to the person stopped at the time of the stop. Existing law also makes all stop data and reports public records. | |
| 36 | 35 | ||
| 37 | 36 | This bill would revise these provisions to require each state and local agency that employs peace officers to report stop data to the Attorney General, as described above, by March 1, as specified. The bill would require those agencies to report semiannually reporting if reporting issues or unresolved errors are identified in their submissions, as specified. By imposing new duties on local agencies, the bill would impose a state-mandated local program. | |
| 38 | 37 | ||
| 39 | 38 | This bill would specify that any stop data reported by a state or local agency in an open text or narrative field only be made available from the reporting agency and not from the Attorney General. The bill would also require the Attorney General to provide all state and local agency stop data to public or private entities, as specified, for the study of racial and identity profiling by law enforcement. The bill would make related findings and declarations. | |
| 40 | 39 | ||
| 41 | 40 | Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. | |
| 42 | 41 | ||
| 43 | 42 | This bill would make legislative findings to that effect. | |
| 44 | 43 | ||
| 45 | 44 | 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. | |
| 46 | 45 | ||
| 47 | 46 | 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 the statutory provisions noted above. | |
| 48 | 47 | ||
| 48 | + | Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employees membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations, under the direction of the Labor Commissioner. | |
| 49 | + | ||
| 50 | + | ||
| 51 | + | ||
| 52 | + | This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual or to train a generative artificial intelligence system. The bill would provide that it shall apply retroactively. The bill would require any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing such a provision, by February 1, 2024, to notify that individual in writing that the provision is unenforceable. | |
| 53 | + | ||
| 54 | + | ||
| 55 | + | ||
| 49 | 56 | ## Digest Key | |
| 50 | 57 | ||
| 51 | 58 | ## Bill Text | |
| 52 | 59 | ||
| 53 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The data reported under the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) provides important information about the state of policing in California.(b) Despite existing prohibitions that law enforcement agencies shall not include personally identifiable information of individuals stopped or unique identifying information of the officers in their reports, this information continues to be included in open text and narrative fields.(c) Over 4,500,000 reports were submitted to the Department of Justice in 2022. Unlike the local law enforcement agencies, the Department of Justice is uniquely situated in that it is the repository of all reports statewide, resulting in it maintaining millions of reports. Over the next decade, the Department of Justice is anticipated to receive tens of millions of reports.(d) The Department of Justice lacks resources to review and redact the millions of reports in its possession to ensure that stopped individuals personally identifiable information or officers unique identifying information is not released to the public.(e) For similar types of sensitive information, the Legislature has balanced the publics right to know with the risk of disclosure of personally identifiable information by limiting the disclosure of such information from the Department of Justice to the public, while authorizing research, educational, and similar institutions to receive sensitive information to conduct research in support of public policy.(f) It is the intent of the Legislature to ensure that the full reports, including open text and narrative fields, remain publicly available from the reporting agencies, which are already responsible for reviewing and redacting any personally identifiable information or unique identifying information hat | |
| 60 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The data reported under the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) provides important information about the state of policing in California.(b) Despite existing prohibitions that law enforcement agencies shall not include personally identifiable information of individuals stopped or unique identifying information of the officers in their reports, this information continues to be included in open text and narrative fields.(c) Over 4,500,000 reports were submitted to the Department of Justice in 2022. Unlike the local law enforcement agencies, the Department of Justice is uniquely situated in that it is the repository of all reports statewide, resulting in it maintaining millions of reports. Over the next decade, the Department of Justice is anticipated to receive tens of millions of reports.(d) The Department of Justice lacks resources to review and redact the millions of reports in its possession to ensure that stopped individuals personally identifiable information or officers unique identifying information is not released to the public.(e) For similar types of sensitive information, the Legislature has balanced the publics right to know with the risk of disclosure of personally identifiable information by limiting the disclosure of such information from the Department of Justice to the public, while authorizing research, educational, and similar institutions to receive sensitive information to conduct research in support of public policy.(f) It is the intent of the Legislature to ensure that the full reports, including open text and narrative fields, remain publicly available from the reporting agencies, which are already responsible for reviewing and redacting any personally identifiable information or unique identifying information hat may have been included in open text and narrative fields before the reports are transmitted to the Department of Justice and released to the public.(g) It is the intent of the Legislature that portions of the reports, specifically, open text and narrative fields that potentially contain personally identifiable information, be available to the public solely from the reporting agencies and not from the Department of Justice.(h) It is the intent of the Legislature that portions of reports, specifically, open text and narrative fields that potentially contain personally identifiable information, be treated like criminal history and similarly sensitive information. It is the intent of the Legislature that such portions maintained by the Department of Justice be made available to stakeholders and researchers, in order for stakeholders and researchers to make recommendations and develop best practices for discussion and implementation of reforms that will improve public safety in California.SEC. 2. Section 12525.5 of the Government Code is amended to read:12525.5. (a) (1) Each state and local agency that employs peace officers shall annually preserve and report to the Attorney General data on all stops conducted by that agencys peace officers officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year.(2)Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round of reports on or before April 1, 2022. Each agency that employs 1 or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023.(2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1.(3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1.(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:(1) The time, date, and location of the stop.(2) The reason for the stop.(3) The reason given to the person stopped at the time of the stop.(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.(5) If a warning or citation was issued, the warning provided or violation cited.(6) If an arrest was made, the offense charged.(7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.(8) 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, if so, the basis for the 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 the officers agency the information specified under subdivision (b).(d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field.(2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the Attorney General shall provide all data reported, including open text or narrative fields, to public or private entities for educational, advocacy, or research purposes relating to studying racial and identity profiling by law enforcement. The Attorney General shall issue regulations governing how the data is provided to the public and private entities.(3) Notwithstanding any other law, the Department of Justice shall not be liable for the disclosure by another entity of personally identifiable information of the individual stopped, unique identifying information of the peace officer, or any other information exempt from disclosure pursuant to this section.(e) Not later than January 1, 2018, 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, the regulations should be compatible with any similar federal data collection or reporting program.(f) All Except for the restrictions specified in paragraph (2) of subdivision (d), all data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005.(g) (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, 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 persons body or property in the persons possession or control.(h) This section shall become operative on January 1, 2024.SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 12525.5 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to ensure that stopped individuals personally identifiable information and officers unique identifying information is not released to the public, it is necessary to limit access to open text and narrative field stop data reported by state and local agencies to the Attorney General.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.SECTION 1.Section 927 is added to the Labor Code, to read:927.(a)A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code if the provision meets all of the following conditions:(1)The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person or allows for the use of the individuals voice and likeness to train a generative artificial intelligence system.(2)The provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system.(3)The individual was not represented in either of the following manners:(A)Represented by legal counsel who negotiated on behalf of the individual licensing their digital replica rights and the licensing terms exist in a standalone written agreement.(B)Represented by a labor union representing workers who do the proposed work and the terms of their collective bargaining agreement expressly covers uses of digital replicas and generative artificial intelligence systems.(b)This section shall apply retroactively.(c)Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2024, shall notify that individual in writing that the provision is unenforceable. | |
| 54 | 61 | ||
| 55 | 62 | The people of the State of California do enact as follows: | |
| 56 | 63 | ||
| 57 | 64 | ## The people of the State of California do enact as follows: | |
| 58 | 65 | ||
| 59 | - | SECTION 1. The Legislature finds and declares all of the following:(a) The data reported under the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) provides important information about the state of policing in California.(b) Despite existing prohibitions that law enforcement agencies shall not include personally identifiable information of individuals stopped or unique identifying information of the officers in their reports, this information continues to be included in open text and narrative fields.(c) Over 4,500,000 reports were submitted to the Department of Justice in 2022. Unlike the local law enforcement agencies, the Department of Justice is uniquely situated in that it is the repository of all reports statewide, resulting in it maintaining millions of reports. Over the next decade, the Department of Justice is anticipated to receive tens of millions of reports.(d) The Department of Justice lacks resources to review and redact the millions of reports in its possession to ensure that stopped individuals personally identifiable information or officers unique identifying information is not released to the public.(e) For similar types of sensitive information, the Legislature has balanced the publics right to know with the risk of disclosure of personally identifiable information by limiting the disclosure of such information from the Department of Justice to the public, while authorizing research, educational, and similar institutions to receive sensitive information to conduct research in support of public policy.(f) It is the intent of the Legislature to ensure that the full reports, including open text and narrative fields, remain publicly available from the reporting agencies, which are already responsible for reviewing and redacting any personally identifiable information or unique identifying information hat | |
| 66 | + | SECTION 1. The Legislature finds and declares all of the following:(a) The data reported under the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) provides important information about the state of policing in California.(b) Despite existing prohibitions that law enforcement agencies shall not include personally identifiable information of individuals stopped or unique identifying information of the officers in their reports, this information continues to be included in open text and narrative fields.(c) Over 4,500,000 reports were submitted to the Department of Justice in 2022. Unlike the local law enforcement agencies, the Department of Justice is uniquely situated in that it is the repository of all reports statewide, resulting in it maintaining millions of reports. Over the next decade, the Department of Justice is anticipated to receive tens of millions of reports.(d) The Department of Justice lacks resources to review and redact the millions of reports in its possession to ensure that stopped individuals personally identifiable information or officers unique identifying information is not released to the public.(e) For similar types of sensitive information, the Legislature has balanced the publics right to know with the risk of disclosure of personally identifiable information by limiting the disclosure of such information from the Department of Justice to the public, while authorizing research, educational, and similar institutions to receive sensitive information to conduct research in support of public policy.(f) It is the intent of the Legislature to ensure that the full reports, including open text and narrative fields, remain publicly available from the reporting agencies, which are already responsible for reviewing and redacting any personally identifiable information or unique identifying information hat may have been included in open text and narrative fields before the reports are transmitted to the Department of Justice and released to the public.(g) It is the intent of the Legislature that portions of the reports, specifically, open text and narrative fields that potentially contain personally identifiable information, be available to the public solely from the reporting agencies and not from the Department of Justice.(h) It is the intent of the Legislature that portions of reports, specifically, open text and narrative fields that potentially contain personally identifiable information, be treated like criminal history and similarly sensitive information. It is the intent of the Legislature that such portions maintained by the Department of Justice be made available to stakeholders and researchers, in order for stakeholders and researchers to make recommendations and develop best practices for discussion and implementation of reforms that will improve public safety in California. | |
| 60 | 67 | ||
| 61 | - | SECTION 1. The Legislature finds and declares all of the following:(a) The data reported under the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) provides important information about the state of policing in California.(b) Despite existing prohibitions that law enforcement agencies shall not include personally identifiable information of individuals stopped or unique identifying information of the officers in their reports, this information continues to be included in open text and narrative fields.(c) Over 4,500,000 reports were submitted to the Department of Justice in 2022. Unlike the local law enforcement agencies, the Department of Justice is uniquely situated in that it is the repository of all reports statewide, resulting in it maintaining millions of reports. Over the next decade, the Department of Justice is anticipated to receive tens of millions of reports.(d) The Department of Justice lacks resources to review and redact the millions of reports in its possession to ensure that stopped individuals personally identifiable information or officers unique identifying information is not released to the public.(e) For similar types of sensitive information, the Legislature has balanced the publics right to know with the risk of disclosure of personally identifiable information by limiting the disclosure of such information from the Department of Justice to the public, while authorizing research, educational, and similar institutions to receive sensitive information to conduct research in support of public policy.(f) It is the intent of the Legislature to ensure that the full reports, including open text and narrative fields, remain publicly available from the reporting agencies, which are already responsible for reviewing and redacting any personally identifiable information or unique identifying information hat | |
| 68 | + | SECTION 1. The Legislature finds and declares all of the following:(a) The data reported under the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) provides important information about the state of policing in California.(b) Despite existing prohibitions that law enforcement agencies shall not include personally identifiable information of individuals stopped or unique identifying information of the officers in their reports, this information continues to be included in open text and narrative fields.(c) Over 4,500,000 reports were submitted to the Department of Justice in 2022. Unlike the local law enforcement agencies, the Department of Justice is uniquely situated in that it is the repository of all reports statewide, resulting in it maintaining millions of reports. Over the next decade, the Department of Justice is anticipated to receive tens of millions of reports.(d) The Department of Justice lacks resources to review and redact the millions of reports in its possession to ensure that stopped individuals personally identifiable information or officers unique identifying information is not released to the public.(e) For similar types of sensitive information, the Legislature has balanced the publics right to know with the risk of disclosure of personally identifiable information by limiting the disclosure of such information from the Department of Justice to the public, while authorizing research, educational, and similar institutions to receive sensitive information to conduct research in support of public policy.(f) It is the intent of the Legislature to ensure that the full reports, including open text and narrative fields, remain publicly available from the reporting agencies, which are already responsible for reviewing and redacting any personally identifiable information or unique identifying information hat may have been included in open text and narrative fields before the reports are transmitted to the Department of Justice and released to the public.(g) It is the intent of the Legislature that portions of the reports, specifically, open text and narrative fields that potentially contain personally identifiable information, be available to the public solely from the reporting agencies and not from the Department of Justice.(h) It is the intent of the Legislature that portions of reports, specifically, open text and narrative fields that potentially contain personally identifiable information, be treated like criminal history and similarly sensitive information. It is the intent of the Legislature that such portions maintained by the Department of Justice be made available to stakeholders and researchers, in order for stakeholders and researchers to make recommendations and develop best practices for discussion and implementation of reforms that will improve public safety in California. | |
| 62 | 69 | ||
| 63 | 70 | SECTION 1. The Legislature finds and declares all of the following: | |
| 64 | 71 | ||
| 65 | 72 | ### SECTION 1. | |
| 66 | 73 | ||
| 67 | 74 | (a) The data reported under the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) provides important information about the state of policing in California. | |
| 68 | 75 | ||
| 69 | 76 | (b) Despite existing prohibitions that law enforcement agencies shall not include personally identifiable information of individuals stopped or unique identifying information of the officers in their reports, this information continues to be included in open text and narrative fields. | |
| 70 | 77 | ||
| 71 | 78 | (c) Over 4,500,000 reports were submitted to the Department of Justice in 2022. Unlike the local law enforcement agencies, the Department of Justice is uniquely situated in that it is the repository of all reports statewide, resulting in it maintaining millions of reports. Over the next decade, the Department of Justice is anticipated to receive tens of millions of reports. | |
| 72 | 79 | ||
| 73 | 80 | (d) The Department of Justice lacks resources to review and redact the millions of reports in its possession to ensure that stopped individuals personally identifiable information or officers unique identifying information is not released to the public. | |
| 74 | 81 | ||
| 75 | 82 | (e) For similar types of sensitive information, the Legislature has balanced the publics right to know with the risk of disclosure of personally identifiable information by limiting the disclosure of such information from the Department of Justice to the public, while authorizing research, educational, and similar institutions to receive sensitive information to conduct research in support of public policy. | |
| 76 | 83 | ||
| 77 | - | (f) It is the intent of the Legislature to ensure that the full reports, including open text and narrative fields, remain publicly available from the reporting agencies, which are already responsible for reviewing and redacting any personally identifiable information or unique identifying information hat | |
| 84 | + | (f) It is the intent of the Legislature to ensure that the full reports, including open text and narrative fields, remain publicly available from the reporting agencies, which are already responsible for reviewing and redacting any personally identifiable information or unique identifying information hat may have been included in open text and narrative fields before the reports are transmitted to the Department of Justice and released to the public. | |
| 78 | 85 | ||
| 79 | 86 | (g) It is the intent of the Legislature that portions of the reports, specifically, open text and narrative fields that potentially contain personally identifiable information, be available to the public solely from the reporting agencies and not from the Department of Justice. | |
| 80 | 87 | ||
| 81 | 88 | (h) It is the intent of the Legislature that portions of reports, specifically, open text and narrative fields that potentially contain personally identifiable information, be treated like criminal history and similarly sensitive information. It is the intent of the Legislature that such portions maintained by the Department of Justice be made available to stakeholders and researchers, in order for stakeholders and researchers to make recommendations and develop best practices for discussion and implementation of reforms that will improve public safety in California. | |
| 82 | 89 | ||
| 83 | - | SEC. 2. Section 12525.5 of the Government Code is amended to read:12525.5. (a) (1) Each state and local agency that employs peace officers shall preserve and report to the Attorney General data on all stops conducted by that agencys peace officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year.(2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1.(3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1.(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:(1) The time, date, and location of the stop.(2) The reason for the stop.(3) The reason given to the person stopped at the time of the stop.(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.(5) If a warning or citation was issued, the warning provided or violation cited.(6) If an arrest was made, the offense charged.(7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.(8) 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, if so, the basis for the 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 the officers agency the information specified under subdivision (b).(d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field.(2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the(3) Notwithstanding paragraph (2) | |
| 90 | + | SEC. 2. Section 12525.5 of the Government Code is amended to read:12525.5. (a) (1) Each state and local agency that employs peace officers shall annually preserve and report to the Attorney General data on all stops conducted by that agencys peace officers officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year.(2)Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round of reports on or before April 1, 2022. Each agency that employs 1 or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023.(2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1.(3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1.(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:(1) The time, date, and location of the stop.(2) The reason for the stop.(3) The reason given to the person stopped at the time of the stop.(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.(5) If a warning or citation was issued, the warning provided or violation cited.(6) If an arrest was made, the offense charged.(7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.(8) 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, if so, the basis for the 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 the officers agency the information specified under subdivision (b).(d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field.(2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the Attorney General shall provide all data reported, including open text or narrative fields, to public or private entities for educational, advocacy, or research purposes relating to studying racial and identity profiling by law enforcement. The Attorney General shall issue regulations governing how the data is provided to the public and private entities.(3) Notwithstanding any other law, the Department of Justice shall not be liable for the disclosure by another entity of personally identifiable information of the individual stopped, unique identifying information of the peace officer, or any other information exempt from disclosure pursuant to this section.(e) Not later than January 1, 2018, 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, the regulations should be compatible with any similar federal data collection or reporting program.(f) All Except for the restrictions specified in paragraph (2) of subdivision (d), all data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005.(g) (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, 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 persons body or property in the persons possession or control.(h) This section shall become operative on January 1, 2024. | |
| 84 | 91 | ||
| 85 | 92 | SEC. 2. Section 12525.5 of the Government Code is amended to read: | |
| 86 | 93 | ||
| 87 | 94 | ### SEC. 2. | |
| 88 | 95 | ||
| 89 | - | 12525.5. (a) (1) Each state and local agency that employs peace officers shall preserve and report to the Attorney General data on all stops conducted by that agencys peace officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year.(2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1.(3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1.(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:(1) The time, date, and location of the stop.(2) The reason for the stop.(3) The reason given to the person stopped at the time of the stop.(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.(5) If a warning or citation was issued, the warning provided or violation cited.(6) If an arrest was made, the offense charged.(7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.(8) 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, if so, the basis for the 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 the officers agency the information specified under subdivision (b).(d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field.(2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the(3) Notwithstanding paragraph (2) | |
| 96 | + | 12525.5. (a) (1) Each state and local agency that employs peace officers shall annually preserve and report to the Attorney General data on all stops conducted by that agencys peace officers officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year.(2)Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round of reports on or before April 1, 2022. Each agency that employs 1 or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023.(2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1.(3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1.(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:(1) The time, date, and location of the stop.(2) The reason for the stop.(3) The reason given to the person stopped at the time of the stop.(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.(5) If a warning or citation was issued, the warning provided or violation cited.(6) If an arrest was made, the offense charged.(7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.(8) 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, if so, the basis for the 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 the officers agency the information specified under subdivision (b).(d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field.(2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the Attorney General shall provide all data reported, including open text or narrative fields, to public or private entities for educational, advocacy, or research purposes relating to studying racial and identity profiling by law enforcement. The Attorney General shall issue regulations governing how the data is provided to the public and private entities.(3) Notwithstanding any other law, the Department of Justice shall not be liable for the disclosure by another entity of personally identifiable information of the individual stopped, unique identifying information of the peace officer, or any other information exempt from disclosure pursuant to this section.(e) Not later than January 1, 2018, 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, the regulations should be compatible with any similar federal data collection or reporting program.(f) All Except for the restrictions specified in paragraph (2) of subdivision (d), all data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005.(g) (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, 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 persons body or property in the persons possession or control.(h) This section shall become operative on January 1, 2024. | |
| 90 | 97 | ||
| 91 | - | 12525.5. (a) (1) Each state and local agency that employs peace officers shall preserve and report to the Attorney General data on all stops conducted by that agencys peace officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year.(2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1.(3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1.(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:(1) The time, date, and location of the stop.(2) The reason for the stop.(3) The reason given to the person stopped at the time of the stop.(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.(5) If a warning or citation was issued, the warning provided or violation cited.(6) If an arrest was made, the offense charged.(7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.(8) 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, if so, the basis for the 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 the officers agency the information specified under subdivision (b).(d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field.(2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the(3) Notwithstanding paragraph (2) | |
| 98 | + | 12525.5. (a) (1) Each state and local agency that employs peace officers shall annually preserve and report to the Attorney General data on all stops conducted by that agencys peace officers officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year.(2)Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round of reports on or before April 1, 2022. Each agency that employs 1 or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023.(2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1.(3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1.(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:(1) The time, date, and location of the stop.(2) The reason for the stop.(3) The reason given to the person stopped at the time of the stop.(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.(5) If a warning or citation was issued, the warning provided or violation cited.(6) If an arrest was made, the offense charged.(7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.(8) 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, if so, the basis for the 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 the officers agency the information specified under subdivision (b).(d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field.(2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the Attorney General shall provide all data reported, including open text or narrative fields, to public or private entities for educational, advocacy, or research purposes relating to studying racial and identity profiling by law enforcement. The Attorney General shall issue regulations governing how the data is provided to the public and private entities.(3) Notwithstanding any other law, the Department of Justice shall not be liable for the disclosure by another entity of personally identifiable information of the individual stopped, unique identifying information of the peace officer, or any other information exempt from disclosure pursuant to this section.(e) Not later than January 1, 2018, 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, the regulations should be compatible with any similar federal data collection or reporting program.(f) All Except for the restrictions specified in paragraph (2) of subdivision (d), all data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005.(g) (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, 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 persons body or property in the persons possession or control.(h) This section shall become operative on January 1, 2024. | |
| 92 | 99 | ||
| 93 | - | 12525.5. (a) (1) Each state and local agency that employs peace officers shall preserve and report to the Attorney General data on all stops conducted by that agencys peace officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year.(2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1.(3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1.(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:(1) The time, date, and location of the stop.(2) The reason for the stop.(3) The reason given to the person stopped at the time of the stop.(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.(5) If a warning or citation was issued, the warning provided or violation cited.(6) If an arrest was made, the offense charged.(7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.(8) 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, if so, the basis for the 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 the officers agency the information specified under subdivision (b).(d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field.(2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the(3) Notwithstanding paragraph (2) | |
| 100 | + | 12525.5. (a) (1) Each state and local agency that employs peace officers shall annually preserve and report to the Attorney General data on all stops conducted by that agencys peace officers officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year.(2)Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round of reports on or before April 1, 2022. Each agency that employs 1 or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023.(2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1.(3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1.(b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:(1) The time, date, and location of the stop.(2) The reason for the stop.(3) The reason given to the person stopped at the time of the stop.(4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.(5) If a warning or citation was issued, the warning provided or violation cited.(6) If an arrest was made, the offense charged.(7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.(8) 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, if so, the basis for the 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 the officers agency the information specified under subdivision (b).(d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field.(2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the Attorney General shall provide all data reported, including open text or narrative fields, to public or private entities for educational, advocacy, or research purposes relating to studying racial and identity profiling by law enforcement. The Attorney General shall issue regulations governing how the data is provided to the public and private entities.(3) Notwithstanding any other law, the Department of Justice shall not be liable for the disclosure by another entity of personally identifiable information of the individual stopped, unique identifying information of the peace officer, or any other information exempt from disclosure pursuant to this section.(e) Not later than January 1, 2018, 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, the regulations should be compatible with any similar federal data collection or reporting program.(f) All Except for the restrictions specified in paragraph (2) of subdivision (d), all data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005.(g) (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, 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 persons body or property in the persons possession or control.(h) This section shall become operative on January 1, 2024. | |
| 94 | 101 | ||
| 95 | 102 | ||
| 96 | 103 | ||
| 97 | - | 12525.5. (a) (1) Each state and local agency that employs peace officers shall preserve and report to the Attorney General data on all stops conducted by that agencys peace officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year. | |
| 104 | + | 12525.5. (a) (1) Each state and local agency that employs peace officers shall annually preserve and report to the Attorney General data on all stops conducted by that agencys peace officers officers. Each agencys final stop reports shall be submitted by March 1 for the preceding calendar year. | |
| 105 | + | ||
| 106 | + | (2)Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round of reports on or before April 1, 2022. Each agency that employs 1 or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023. | |
| 107 | + | ||
| 108 | + | ||
| 98 | 109 | ||
| 99 | 110 | (2) If reporting issues or unresolved errors are identified in an agencys submission to the Attorney General, the agency shall submit semiannually for the following calendar year. The Attorney General shall provide notice to the agency by October 1, with the semiannual requirement taking effect as of January 1. | |
| 100 | 111 | ||
| 101 | 112 | (3) Semiannual agency reports required pursuant to paragraph (2) shall be submitted by September 1 and March 1 of each year. The final reports on all stops conducted from January 1 to June 30 shall be submitted by September 1, and the final reports on all stops conducted from July 1 to December 31 shall be submitted by March 1. | |
| 102 | 113 | ||
| 103 | 114 | (b) The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop: | |
| 104 | 115 | ||
| 105 | 116 | (1) The time, date, and location of the stop. | |
| 106 | 117 | ||
| 107 | 118 | (2) The reason for the stop. | |
| 108 | 119 | ||
| 109 | 120 | (3) The reason given to the person stopped at the time of the stop. | |
| 110 | 121 | ||
| 111 | 122 | (4) The result of the stop, such as, no action, warning, citation, property seizure, or arrest. | |
| 112 | 123 | ||
| 113 | 124 | (5) If a warning or citation was issued, the warning provided or violation cited. | |
| 114 | 125 | ||
| 115 | 126 | (6) If an arrest was made, the offense charged. | |
| 116 | 127 | ||
| 117 | 128 | (7) 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 (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger. | |
| 118 | 129 | ||
| 119 | 130 | (8) Actions taken by the peace officer during the stop, including, but not limited to, the following: | |
| 120 | 131 | ||
| 121 | 132 | (A) Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided. | |
| 122 | 133 | ||
| 123 | 134 | (B) Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any. | |
| 124 | 135 | ||
| 125 | 136 | (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. | |
| 126 | 137 | ||
| 127 | 138 | (c) If more than one peace officer performs a stop, only one officer is required to collect and report to the officers agency the information specified under subdivision (b). | |
| 128 | 139 | ||
| 129 | - | (d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field. | |
| 140 | + | (d) (1) 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. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text or narrative field. | |
| 130 | 141 | ||
| 131 | - | (2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the | |
| 142 | + | (2) 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. Any data reported in an open text or narrative field shall only be made available by the reporting agency and not from the Attorney General. However, the Attorney General shall provide all data reported, including open text or narrative fields, to public or private entities for educational, advocacy, or research purposes relating to studying racial and identity profiling by law enforcement. The Attorney General shall issue regulations governing how the data is provided to the public and private entities. | |
| 132 | 143 | ||
| 133 | - | (3) Notwithstanding paragraph (2), the Attorney General shall provide all data reported, including open text or narrative fields, to public or private entities for educational, advocacy, or research purposes relating to studying racial and identity profiling by law enforcement. The | |
| 134 | - | ||
| 135 | - | (A) The Attorney General shall not provide data to a public or private entity under this paragraph unless the entity agrees to all of the following: | |
| 136 | - | ||
| 137 | - | (i) The entity shall not disclose any personally identifying information of individuals stopped or unique identifying information of the peace officer involved and shall keep that information confidential. | |
| 138 | - | ||
| 139 | - | (ii) The entity may only use the data for the purposes for which it was shared. | |
| 140 | - | ||
| 141 | - | (iii) The entity shall ensure that any publication of the data is done in a manner to prevent the release of personally identifying information and unique identifying information. | |
| 142 | - | ||
| 143 | - | (B) The Attorney General shall issue regulations governing how the data is provided to the public and private entities. | |
| 144 | - | ||
| 145 | - | (3) | |
| 146 | - | ||
| 147 | - | ||
| 148 | - | ||
| 149 | - | (4) Notwithstanding any other law, the Department of Justice shall not be liable for the disclosure by another entity of personally identifiable information of the individual stopped, unique identifying information of the peace officer, or any other information exempt from disclosure pursuant to this section. | |
| 144 | + | (3) Notwithstanding any other law, the Department of Justice shall not be liable for the disclosure by another entity of personally identifiable information of the individual stopped, unique identifying information of the peace officer, or any other information exempt from disclosure pursuant to this section. | |
| 150 | 145 | ||
| 151 | 146 | (e) Not later than January 1, 2018, 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, the regulations should be compatible with any similar federal data collection or reporting program. | |
| 152 | 147 | ||
| 153 | - | (f) Except for the restrictions specified in paragraph (2) of subdivision (d), all data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005. | |
| 148 | + | (f) All Except for the restrictions specified in paragraph (2) of subdivision (d), all data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005. | |
| 154 | 149 | ||
| 155 | 150 | (g) (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, 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. | |
| 156 | 151 | ||
| 157 | 152 | (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 persons body or property in the persons possession or control. | |
| 158 | 153 | ||
| 159 | 154 | (h) This section shall become operative on January 1, 2024. | |
| 160 | 155 | ||
| 161 | 156 | SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 12525.5 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to ensure that stopped individuals personally identifiable information and officers unique identifying information is not released to the public, it is necessary to limit access to open text and narrative field stop data reported by state and local agencies to the Attorney General. | |
| 162 | 157 | ||
| 163 | 158 | SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 12525.5 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to ensure that stopped individuals personally identifiable information and officers unique identifying information is not released to the public, it is necessary to limit access to open text and narrative field stop data reported by state and local agencies to the Attorney General. | |
| 164 | 159 | ||
| 165 | 160 | SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 12525.5 of the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: | |
| 166 | 161 | ||
| 167 | 162 | ### SEC. 3. | |
| 168 | 163 | ||
| 169 | 164 | In order to ensure that stopped individuals personally identifiable information and officers unique identifying information is not released to the public, it is necessary to limit access to open text and narrative field stop data reported by state and local agencies to the Attorney General. | |
| 170 | 165 | ||
| 171 | 166 | 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. | |
| 172 | 167 | ||
| 173 | 168 | 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. | |
| 174 | 169 | ||
| 175 | 170 | 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. | |
| 176 | 171 | ||
| 177 | 172 | ### SEC. 4. | |
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| 178 | + | (a)A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code if the provision meets all of the following conditions: | |
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| 182 | + | (1)The provision allows for the creation and use of a digital replica of the individuals voice or likeness in place of work the individual would otherwise have performed in person or allows for the use of the individuals voice and likeness to train a generative artificial intelligence system. | |
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| 186 | + | (2)The provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system. | |
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| 190 | + | (3)The individual was not represented in either of the following manners: | |
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| 194 | + | (A)Represented by legal counsel who negotiated on behalf of the individual licensing their digital replica rights and the licensing terms exist in a standalone written agreement. | |
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| 198 | + | (B)Represented by a labor union representing workers who do the proposed work and the terms of their collective bargaining agreement expressly covers uses of digital replicas and generative artificial intelligence systems. | |
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| 202 | + | (b)This section shall apply retroactively. | |
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| 206 | + | (c)Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2024, shall notify that individual in writing that the provision is unenforceable. |