Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 284Introduced by Assembly Member AlanisJanuary 22, 2025 An act to amend Section 13000 of the Penal Code, relating to the Department of Justice. 12525.5 of the Government Code, and to amend Section 13519.4 of the Penal Code, relating to law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 284, as amended, Alanis. Department of Justice: fingerprinting. Law enforcement: stop data and reporting.Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General specified data on all stops conducted by that agencys peace officers for the preceding calendar year. Existing law defines stop for purposes of these provisions to mean 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 of the persons body or property in the persons possession or control.This bill would exclude various situations from that definition, including, among other things, a peace officer interaction with a person that results from a call for service or when a detention is necessary to prevent serious bodily injury or death. To the extent this change would increase the overall reporting duties of local agencies, the bill would impose a state-mandated local program.Existing law requires the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling and improving diversity and racial and identity sensitivity in law enforcement. Existing law requires RIPA to include various members, including 2 representatives of human or civil rights tax-exempt organizations, 2 representatives of community organizations, and 2 religious clergy members, as specified. Existing law authorizes the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe up to 2 other members to membership of RIPA.This bill would require RIPA to include in its membership the president of the California District Attorneys Association, or their designee, and a member of the Commission on Peace Officer Standards and Training who is an active peace officer but is not otherwise already a member of RIPA. The bill would decrease the membership of the above-described representatives and religious clergy members to one member each and delete the provisions authorizing the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe members to RIPA.Existing law requires RIPA to issue a report annually that provides RIPAs analysis of, among other things, the reported stop data described above. Existing law also requires the report to provide detailed findings on the past and current status of racial identity profiling and to make policy recommendations for eliminating racial and identity profiling, as specified.This bill would require the report to include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The bill would require the report to be subject to peer review, as specified, by 2 separate entities before publication and would prescribe the method by which at least one of the 2 entities is required to be selected. The bill would authorize any member of RIPA to cause a dissenting opinion to be included in the report, as specified.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.Under existing law, the Department of Justice is required to maintain statewide automated fingerprint identification systems.This bill would make a technical, nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 report to the Attorney General data on all stops conducted by that agencys peace officers 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.(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) 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 field.(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 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) (A) 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.(B) A stop does not include any of the following:(i) A peace officer interaction with a person that results from a call for service.(ii) A situation in which a peace officer is required by state or local law to respond.(iii) A situation where a particular person is being sought by law enforcement.(iv) A detention is necessary to prevent serious bodily injury or death.(v) A detention in response to a suspected serious or violent felony.(vi) A situation in which a peace officer is directed by their employing agency to respond to a particular situation.(h) This section shall become operative on January 1, 2024.SEC. 2. Section 13519.4 of the Penal Code is amended to read:13519.4. (a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment.(b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity.(c) For the purposes of this section the following shall apply:(1) Disability, gender, nationality, religion, and sexual orientation have the same meaning as in Section 422.55.(2) Culturally diverse and cultural diversity include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues.(3) Racial has the same meaning as race or ethnicity in Section 422.55.(4) Stop has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code.(d) The Legislature finds and declares as follows:(1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices.(2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated.(3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve.(4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices.(5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling.(e) Racial or identity profiling, for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.(f) A peace officer shall not engage in racial or identity profiling.(g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training.(h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects:(1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community.(2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions.(3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement.(4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers.(5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area.(6) The prohibition against racial or identity profiling in subdivision (f).(i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends.(j) (1) Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement.(2) RIPA shall include the following members:(A) The Attorney General, or their designee.(B) The President of the California Public Defenders Association, or their designee.(C) The President of the California Police Chiefs Association, or their designee.(D) The President of the California State Sheriffs Association, or their designee.(E) The President of the Peace Officers Research Association of California, or their designee.(F) The Commissioner of the California Highway Patrol, or their designee.(G) The President of the California District Attorneys Association, or their designee.(H) A member of the commission who is an active peace officer but is not otherwise already a member of RIPA. (G)(I) A university professor who specializes in policing, and racial and identity equity.(H)Two representatives of(J) A representative of a human or civil rights tax-exempt organizations who specialize organization who specializes in civil or human rights.(I)Two representatives of community organizations who specialize(K) A representative of a community organization who specializes in civil or human rights and criminal justice, and work works with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age.(J)Two religious clergy members who specialize (L) A religious clergy member who specializes in addressing and reducing racial and identity bias toward individuals and groups.(K)Up to two other members that the Governor may prescribe.(L)Up to two other members that the President pro Tempore of the Senate may prescribe.(M)Up to two other members that the Speaker of the Assembly may prescribe.(3) Each year, on an annual basis, RIPA shall do the following:(A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of this code.(B) Analyze law enforcement training under this section.(C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California.(D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics.(E) (i) Issue a report that provides RIPAs analysis under subparagraphs (A) to (D), inclusive, and detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its internet website. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agencys total results for each data collection criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The report shall include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The reports shall be retained and made available to the public by posting those reports on the Department of Justices OpenJustice web portal. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of Section 7920.530 of the Government Code and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005 of the Government Code.(ii) Before publication, the report shall be subject to peer review by two separate entities, at least one of which shall be selected collectively by the members of RIPA described in subparagraphs (C) through (F), inclusive, of paragraph (2). The peer review shall include independent analysis of RIPA data and not simply an analysis of the report.(iii) Notwithstanding paragraph (6), any member of RIPA may cause a dissenting opinion to be included in the report that includes conclusions or recommendations, or both, that are in addition to, or differ from, the report that is agreed to by a majority of the members.(F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting.(4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies.(5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA.(6) No action of RIPA shall be valid unless agreed to by a majority of its members.(7) The initial terms of RIPA members shall be four years.(8) Each year, RIPA shall elect two of its members as cochairpersons.SEC. 3. 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 13000 of the Penal Code is amended to read:13000.(a)All statewide automated fingerprint identification systems shall be maintained by the Department of Justice. For purposes of this section, automated fingerprint identification system means electronic comparison of fingerprints to a database of known persons.(b)Any state agency is exempted from this section if the agencys director finds that the automated identification system needed to meet programmatic requirements is less costly than an identical system available through an interagency agreement with the Department of Justice, or is not provided by the Department of Justice.(c)Information contained in these systems shall be released to state agencies only on a need-to-know basis pursuant to any of the following:(1)Statutory authorization to the extent permitted by federal law.(2)A court order or decision that requires release of the information.(3)An interagency agreement with the Department of Justice to develop and operate a system.(d)The department may charge a fee to be paid by the agency for the actual cost of supporting the service.
Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 284Introduced by Assembly Member AlanisJanuary 22, 2025 An act to amend Section 13000 of the Penal Code, relating to the Department of Justice. 12525.5 of the Government Code, and to amend Section 13519.4 of the Penal Code, relating to law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 284, as amended, Alanis. Department of Justice: fingerprinting. Law enforcement: stop data and reporting.Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General specified data on all stops conducted by that agencys peace officers for the preceding calendar year. Existing law defines stop for purposes of these provisions to mean 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 of the persons body or property in the persons possession or control.This bill would exclude various situations from that definition, including, among other things, a peace officer interaction with a person that results from a call for service or when a detention is necessary to prevent serious bodily injury or death. To the extent this change would increase the overall reporting duties of local agencies, the bill would impose a state-mandated local program.Existing law requires the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling and improving diversity and racial and identity sensitivity in law enforcement. Existing law requires RIPA to include various members, including 2 representatives of human or civil rights tax-exempt organizations, 2 representatives of community organizations, and 2 religious clergy members, as specified. Existing law authorizes the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe up to 2 other members to membership of RIPA.This bill would require RIPA to include in its membership the president of the California District Attorneys Association, or their designee, and a member of the Commission on Peace Officer Standards and Training who is an active peace officer but is not otherwise already a member of RIPA. The bill would decrease the membership of the above-described representatives and religious clergy members to one member each and delete the provisions authorizing the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe members to RIPA.Existing law requires RIPA to issue a report annually that provides RIPAs analysis of, among other things, the reported stop data described above. Existing law also requires the report to provide detailed findings on the past and current status of racial identity profiling and to make policy recommendations for eliminating racial and identity profiling, as specified.This bill would require the report to include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The bill would require the report to be subject to peer review, as specified, by 2 separate entities before publication and would prescribe the method by which at least one of the 2 entities is required to be selected. The bill would authorize any member of RIPA to cause a dissenting opinion to be included in the report, as specified.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.Under existing law, the Department of Justice is required to maintain statewide automated fingerprint identification systems.This bill would make a technical, nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 24, 2025
Amended IN Assembly March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 284
Introduced by Assembly Member AlanisJanuary 22, 2025
Introduced by Assembly Member Alanis
January 22, 2025
An act to amend Section 13000 of the Penal Code, relating to the Department of Justice. 12525.5 of the Government Code, and to amend Section 13519.4 of the Penal Code, relating to law enforcement.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 284, as amended, Alanis. Department of Justice: fingerprinting. Law enforcement: stop data and reporting.
Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General specified data on all stops conducted by that agencys peace officers for the preceding calendar year. Existing law defines stop for purposes of these provisions to mean 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 of the persons body or property in the persons possession or control.This bill would exclude various situations from that definition, including, among other things, a peace officer interaction with a person that results from a call for service or when a detention is necessary to prevent serious bodily injury or death. To the extent this change would increase the overall reporting duties of local agencies, the bill would impose a state-mandated local program.Existing law requires the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling and improving diversity and racial and identity sensitivity in law enforcement. Existing law requires RIPA to include various members, including 2 representatives of human or civil rights tax-exempt organizations, 2 representatives of community organizations, and 2 religious clergy members, as specified. Existing law authorizes the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe up to 2 other members to membership of RIPA.This bill would require RIPA to include in its membership the president of the California District Attorneys Association, or their designee, and a member of the Commission on Peace Officer Standards and Training who is an active peace officer but is not otherwise already a member of RIPA. The bill would decrease the membership of the above-described representatives and religious clergy members to one member each and delete the provisions authorizing the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe members to RIPA.Existing law requires RIPA to issue a report annually that provides RIPAs analysis of, among other things, the reported stop data described above. Existing law also requires the report to provide detailed findings on the past and current status of racial identity profiling and to make policy recommendations for eliminating racial and identity profiling, as specified.This bill would require the report to include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The bill would require the report to be subject to peer review, as specified, by 2 separate entities before publication and would prescribe the method by which at least one of the 2 entities is required to be selected. The bill would authorize any member of RIPA to cause a dissenting opinion to be included in the report, as specified.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.Under existing law, the Department of Justice is required to maintain statewide automated fingerprint identification systems.This bill would make a technical, nonsubstantive change to that provision.
Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General specified data on all stops conducted by that agencys peace officers for the preceding calendar year. Existing law defines stop for purposes of these provisions to mean 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 of the persons body or property in the persons possession or control.
This bill would exclude various situations from that definition, including, among other things, a peace officer interaction with a person that results from a call for service or when a detention is necessary to prevent serious bodily injury or death. To the extent this change would increase the overall reporting duties of local agencies, the bill would impose a state-mandated local program.
Existing law requires the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling and improving diversity and racial and identity sensitivity in law enforcement. Existing law requires RIPA to include various members, including 2 representatives of human or civil rights tax-exempt organizations, 2 representatives of community organizations, and 2 religious clergy members, as specified. Existing law authorizes the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe up to 2 other members to membership of RIPA.
This bill would require RIPA to include in its membership the president of the California District Attorneys Association, or their designee, and a member of the Commission on Peace Officer Standards and Training who is an active peace officer but is not otherwise already a member of RIPA. The bill would decrease the membership of the above-described representatives and religious clergy members to one member each and delete the provisions authorizing the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe members to RIPA.
Existing law requires RIPA to issue a report annually that provides RIPAs analysis of, among other things, the reported stop data described above. Existing law also requires the report to provide detailed findings on the past and current status of racial identity profiling and to make policy recommendations for eliminating racial and identity profiling, as specified.
This bill would require the report to include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The bill would require the report to be subject to peer review, as specified, by 2 separate entities before publication and would prescribe the method by which at least one of the 2 entities is required to be selected. The bill would authorize any member of RIPA to cause a dissenting opinion to be included in the report, as specified.
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.
Under existing law, the Department of Justice is required to maintain statewide automated fingerprint identification systems.
This bill would make a technical, nonsubstantive change to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. 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 report to the Attorney General data on all stops conducted by that agencys peace officers 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.(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) 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 field.(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 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) (A) 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.(B) A stop does not include any of the following:(i) A peace officer interaction with a person that results from a call for service.(ii) A situation in which a peace officer is required by state or local law to respond.(iii) A situation where a particular person is being sought by law enforcement.(iv) A detention is necessary to prevent serious bodily injury or death.(v) A detention in response to a suspected serious or violent felony.(vi) A situation in which a peace officer is directed by their employing agency to respond to a particular situation.(h) This section shall become operative on January 1, 2024.SEC. 2. Section 13519.4 of the Penal Code is amended to read:13519.4. (a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment.(b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity.(c) For the purposes of this section the following shall apply:(1) Disability, gender, nationality, religion, and sexual orientation have the same meaning as in Section 422.55.(2) Culturally diverse and cultural diversity include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues.(3) Racial has the same meaning as race or ethnicity in Section 422.55.(4) Stop has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code.(d) The Legislature finds and declares as follows:(1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices.(2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated.(3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve.(4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices.(5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling.(e) Racial or identity profiling, for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.(f) A peace officer shall not engage in racial or identity profiling.(g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training.(h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects:(1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community.(2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions.(3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement.(4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers.(5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area.(6) The prohibition against racial or identity profiling in subdivision (f).(i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends.(j) (1) Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement.(2) RIPA shall include the following members:(A) The Attorney General, or their designee.(B) The President of the California Public Defenders Association, or their designee.(C) The President of the California Police Chiefs Association, or their designee.(D) The President of the California State Sheriffs Association, or their designee.(E) The President of the Peace Officers Research Association of California, or their designee.(F) The Commissioner of the California Highway Patrol, or their designee.(G) The President of the California District Attorneys Association, or their designee.(H) A member of the commission who is an active peace officer but is not otherwise already a member of RIPA. (G)(I) A university professor who specializes in policing, and racial and identity equity.(H)Two representatives of(J) A representative of a human or civil rights tax-exempt organizations who specialize organization who specializes in civil or human rights.(I)Two representatives of community organizations who specialize(K) A representative of a community organization who specializes in civil or human rights and criminal justice, and work works with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age.(J)Two religious clergy members who specialize (L) A religious clergy member who specializes in addressing and reducing racial and identity bias toward individuals and groups.(K)Up to two other members that the Governor may prescribe.(L)Up to two other members that the President pro Tempore of the Senate may prescribe.(M)Up to two other members that the Speaker of the Assembly may prescribe.(3) Each year, on an annual basis, RIPA shall do the following:(A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of this code.(B) Analyze law enforcement training under this section.(C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California.(D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics.(E) (i) Issue a report that provides RIPAs analysis under subparagraphs (A) to (D), inclusive, and detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its internet website. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agencys total results for each data collection criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The report shall include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The reports shall be retained and made available to the public by posting those reports on the Department of Justices OpenJustice web portal. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of Section 7920.530 of the Government Code and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005 of the Government Code.(ii) Before publication, the report shall be subject to peer review by two separate entities, at least one of which shall be selected collectively by the members of RIPA described in subparagraphs (C) through (F), inclusive, of paragraph (2). The peer review shall include independent analysis of RIPA data and not simply an analysis of the report.(iii) Notwithstanding paragraph (6), any member of RIPA may cause a dissenting opinion to be included in the report that includes conclusions or recommendations, or both, that are in addition to, or differ from, the report that is agreed to by a majority of the members.(F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting.(4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies.(5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA.(6) No action of RIPA shall be valid unless agreed to by a majority of its members.(7) The initial terms of RIPA members shall be four years.(8) Each year, RIPA shall elect two of its members as cochairpersons.SEC. 3. 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 13000 of the Penal Code is amended to read:13000.(a)All statewide automated fingerprint identification systems shall be maintained by the Department of Justice. For purposes of this section, automated fingerprint identification system means electronic comparison of fingerprints to a database of known persons.(b)Any state agency is exempted from this section if the agencys director finds that the automated identification system needed to meet programmatic requirements is less costly than an identical system available through an interagency agreement with the Department of Justice, or is not provided by the Department of Justice.(c)Information contained in these systems shall be released to state agencies only on a need-to-know basis pursuant to any of the following:(1)Statutory authorization to the extent permitted by federal law.(2)A court order or decision that requires release of the information.(3)An interagency agreement with the Department of Justice to develop and operate a system.(d)The department may charge a fee to be paid by the agency for the actual cost of supporting the service.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. 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 report to the Attorney General data on all stops conducted by that agencys peace officers 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.(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) 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 field.(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 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) (A) 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.(B) A stop does not include any of the following:(i) A peace officer interaction with a person that results from a call for service.(ii) A situation in which a peace officer is required by state or local law to respond.(iii) A situation where a particular person is being sought by law enforcement.(iv) A detention is necessary to prevent serious bodily injury or death.(v) A detention in response to a suspected serious or violent felony.(vi) A situation in which a peace officer is directed by their employing agency to respond to a particular situation.(h) This section shall become operative on January 1, 2024.
SECTION 1. Section 12525.5 of the Government Code is amended to read:
### SECTION 1.
12525.5. (a) (1) Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agencys peace officers 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.(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) 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 field.(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 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) (A) 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.(B) A stop does not include any of the following:(i) A peace officer interaction with a person that results from a call for service.(ii) A situation in which a peace officer is required by state or local law to respond.(iii) A situation where a particular person is being sought by law enforcement.(iv) A detention is necessary to prevent serious bodily injury or death.(v) A detention in response to a suspected serious or violent felony.(vi) A situation in which a peace officer is directed by their employing agency to respond to a particular situation.(h) This section shall become operative on January 1, 2024.
12525.5. (a) (1) Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agencys peace officers 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.(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) 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 field.(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 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) (A) 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.(B) A stop does not include any of the following:(i) A peace officer interaction with a person that results from a call for service.(ii) A situation in which a peace officer is required by state or local law to respond.(iii) A situation where a particular person is being sought by law enforcement.(iv) A detention is necessary to prevent serious bodily injury or death.(v) A detention in response to a suspected serious or violent felony.(vi) A situation in which a peace officer is directed by their employing agency to respond to a particular situation.(h) This section shall become operative on January 1, 2024.
12525.5. (a) (1) Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agencys peace officers 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.(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) 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 field.(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 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) (A) 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.(B) A stop does not include any of the following:(i) A peace officer interaction with a person that results from a call for service.(ii) A situation in which a peace officer is required by state or local law to respond.(iii) A situation where a particular person is being sought by law enforcement.(iv) A detention is necessary to prevent serious bodily injury or death.(v) A detention in response to a suspected serious or violent felony.(vi) A situation in which a peace officer is directed by their employing agency to respond to a particular situation.(h) This section shall become operative on January 1, 2024.
12525.5. (a) (1) Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agencys peace officers 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.
(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) 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 field.
(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 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) (A) 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.
(B) A stop does not include any of the following:
(i) A peace officer interaction with a person that results from a call for service.
(ii) A situation in which a peace officer is required by state or local law to respond.
(iii) A situation where a particular person is being sought by law enforcement.
(iv) A detention is necessary to prevent serious bodily injury or death.
(v) A detention in response to a suspected serious or violent felony.
(vi) A situation in which a peace officer is directed by their employing agency to respond to a particular situation.
(h) This section shall become operative on January 1, 2024.
SEC. 2. Section 13519.4 of the Penal Code is amended to read:13519.4. (a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment.(b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity.(c) For the purposes of this section the following shall apply:(1) Disability, gender, nationality, religion, and sexual orientation have the same meaning as in Section 422.55.(2) Culturally diverse and cultural diversity include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues.(3) Racial has the same meaning as race or ethnicity in Section 422.55.(4) Stop has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code.(d) The Legislature finds and declares as follows:(1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices.(2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated.(3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve.(4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices.(5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling.(e) Racial or identity profiling, for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.(f) A peace officer shall not engage in racial or identity profiling.(g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training.(h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects:(1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community.(2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions.(3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement.(4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers.(5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area.(6) The prohibition against racial or identity profiling in subdivision (f).(i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends.(j) (1) Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement.(2) RIPA shall include the following members:(A) The Attorney General, or their designee.(B) The President of the California Public Defenders Association, or their designee.(C) The President of the California Police Chiefs Association, or their designee.(D) The President of the California State Sheriffs Association, or their designee.(E) The President of the Peace Officers Research Association of California, or their designee.(F) The Commissioner of the California Highway Patrol, or their designee.(G) The President of the California District Attorneys Association, or their designee.(H) A member of the commission who is an active peace officer but is not otherwise already a member of RIPA. (G)(I) A university professor who specializes in policing, and racial and identity equity.(H)Two representatives of(J) A representative of a human or civil rights tax-exempt organizations who specialize organization who specializes in civil or human rights.(I)Two representatives of community organizations who specialize(K) A representative of a community organization who specializes in civil or human rights and criminal justice, and work works with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age.(J)Two religious clergy members who specialize (L) A religious clergy member who specializes in addressing and reducing racial and identity bias toward individuals and groups.(K)Up to two other members that the Governor may prescribe.(L)Up to two other members that the President pro Tempore of the Senate may prescribe.(M)Up to two other members that the Speaker of the Assembly may prescribe.(3) Each year, on an annual basis, RIPA shall do the following:(A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of this code.(B) Analyze law enforcement training under this section.(C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California.(D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics.(E) (i) Issue a report that provides RIPAs analysis under subparagraphs (A) to (D), inclusive, and detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its internet website. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agencys total results for each data collection criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The report shall include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The reports shall be retained and made available to the public by posting those reports on the Department of Justices OpenJustice web portal. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of Section 7920.530 of the Government Code and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005 of the Government Code.(ii) Before publication, the report shall be subject to peer review by two separate entities, at least one of which shall be selected collectively by the members of RIPA described in subparagraphs (C) through (F), inclusive, of paragraph (2). The peer review shall include independent analysis of RIPA data and not simply an analysis of the report.(iii) Notwithstanding paragraph (6), any member of RIPA may cause a dissenting opinion to be included in the report that includes conclusions or recommendations, or both, that are in addition to, or differ from, the report that is agreed to by a majority of the members.(F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting.(4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies.(5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA.(6) No action of RIPA shall be valid unless agreed to by a majority of its members.(7) The initial terms of RIPA members shall be four years.(8) Each year, RIPA shall elect two of its members as cochairpersons.
SEC. 2. Section 13519.4 of the Penal Code is amended to read:
### SEC. 2.
13519.4. (a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment.(b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity.(c) For the purposes of this section the following shall apply:(1) Disability, gender, nationality, religion, and sexual orientation have the same meaning as in Section 422.55.(2) Culturally diverse and cultural diversity include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues.(3) Racial has the same meaning as race or ethnicity in Section 422.55.(4) Stop has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code.(d) The Legislature finds and declares as follows:(1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices.(2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated.(3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve.(4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices.(5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling.(e) Racial or identity profiling, for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.(f) A peace officer shall not engage in racial or identity profiling.(g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training.(h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects:(1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community.(2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions.(3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement.(4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers.(5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area.(6) The prohibition against racial or identity profiling in subdivision (f).(i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends.(j) (1) Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement.(2) RIPA shall include the following members:(A) The Attorney General, or their designee.(B) The President of the California Public Defenders Association, or their designee.(C) The President of the California Police Chiefs Association, or their designee.(D) The President of the California State Sheriffs Association, or their designee.(E) The President of the Peace Officers Research Association of California, or their designee.(F) The Commissioner of the California Highway Patrol, or their designee.(G) The President of the California District Attorneys Association, or their designee.(H) A member of the commission who is an active peace officer but is not otherwise already a member of RIPA. (G)(I) A university professor who specializes in policing, and racial and identity equity.(H)Two representatives of(J) A representative of a human or civil rights tax-exempt organizations who specialize organization who specializes in civil or human rights.(I)Two representatives of community organizations who specialize(K) A representative of a community organization who specializes in civil or human rights and criminal justice, and work works with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age.(J)Two religious clergy members who specialize (L) A religious clergy member who specializes in addressing and reducing racial and identity bias toward individuals and groups.(K)Up to two other members that the Governor may prescribe.(L)Up to two other members that the President pro Tempore of the Senate may prescribe.(M)Up to two other members that the Speaker of the Assembly may prescribe.(3) Each year, on an annual basis, RIPA shall do the following:(A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of this code.(B) Analyze law enforcement training under this section.(C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California.(D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics.(E) (i) Issue a report that provides RIPAs analysis under subparagraphs (A) to (D), inclusive, and detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its internet website. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agencys total results for each data collection criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The report shall include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The reports shall be retained and made available to the public by posting those reports on the Department of Justices OpenJustice web portal. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of Section 7920.530 of the Government Code and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005 of the Government Code.(ii) Before publication, the report shall be subject to peer review by two separate entities, at least one of which shall be selected collectively by the members of RIPA described in subparagraphs (C) through (F), inclusive, of paragraph (2). The peer review shall include independent analysis of RIPA data and not simply an analysis of the report.(iii) Notwithstanding paragraph (6), any member of RIPA may cause a dissenting opinion to be included in the report that includes conclusions or recommendations, or both, that are in addition to, or differ from, the report that is agreed to by a majority of the members.(F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting.(4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies.(5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA.(6) No action of RIPA shall be valid unless agreed to by a majority of its members.(7) The initial terms of RIPA members shall be four years.(8) Each year, RIPA shall elect two of its members as cochairpersons.
13519.4. (a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment.(b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity.(c) For the purposes of this section the following shall apply:(1) Disability, gender, nationality, religion, and sexual orientation have the same meaning as in Section 422.55.(2) Culturally diverse and cultural diversity include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues.(3) Racial has the same meaning as race or ethnicity in Section 422.55.(4) Stop has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code.(d) The Legislature finds and declares as follows:(1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices.(2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated.(3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve.(4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices.(5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling.(e) Racial or identity profiling, for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.(f) A peace officer shall not engage in racial or identity profiling.(g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training.(h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects:(1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community.(2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions.(3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement.(4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers.(5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area.(6) The prohibition against racial or identity profiling in subdivision (f).(i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends.(j) (1) Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement.(2) RIPA shall include the following members:(A) The Attorney General, or their designee.(B) The President of the California Public Defenders Association, or their designee.(C) The President of the California Police Chiefs Association, or their designee.(D) The President of the California State Sheriffs Association, or their designee.(E) The President of the Peace Officers Research Association of California, or their designee.(F) The Commissioner of the California Highway Patrol, or their designee.(G) The President of the California District Attorneys Association, or their designee.(H) A member of the commission who is an active peace officer but is not otherwise already a member of RIPA. (G)(I) A university professor who specializes in policing, and racial and identity equity.(H)Two representatives of(J) A representative of a human or civil rights tax-exempt organizations who specialize organization who specializes in civil or human rights.(I)Two representatives of community organizations who specialize(K) A representative of a community organization who specializes in civil or human rights and criminal justice, and work works with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age.(J)Two religious clergy members who specialize (L) A religious clergy member who specializes in addressing and reducing racial and identity bias toward individuals and groups.(K)Up to two other members that the Governor may prescribe.(L)Up to two other members that the President pro Tempore of the Senate may prescribe.(M)Up to two other members that the Speaker of the Assembly may prescribe.(3) Each year, on an annual basis, RIPA shall do the following:(A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of this code.(B) Analyze law enforcement training under this section.(C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California.(D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics.(E) (i) Issue a report that provides RIPAs analysis under subparagraphs (A) to (D), inclusive, and detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its internet website. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agencys total results for each data collection criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The report shall include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The reports shall be retained and made available to the public by posting those reports on the Department of Justices OpenJustice web portal. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of Section 7920.530 of the Government Code and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005 of the Government Code.(ii) Before publication, the report shall be subject to peer review by two separate entities, at least one of which shall be selected collectively by the members of RIPA described in subparagraphs (C) through (F), inclusive, of paragraph (2). The peer review shall include independent analysis of RIPA data and not simply an analysis of the report.(iii) Notwithstanding paragraph (6), any member of RIPA may cause a dissenting opinion to be included in the report that includes conclusions or recommendations, or both, that are in addition to, or differ from, the report that is agreed to by a majority of the members.(F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting.(4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies.(5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA.(6) No action of RIPA shall be valid unless agreed to by a majority of its members.(7) The initial terms of RIPA members shall be four years.(8) Each year, RIPA shall elect two of its members as cochairpersons.
13519.4. (a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment.(b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity.(c) For the purposes of this section the following shall apply:(1) Disability, gender, nationality, religion, and sexual orientation have the same meaning as in Section 422.55.(2) Culturally diverse and cultural diversity include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues.(3) Racial has the same meaning as race or ethnicity in Section 422.55.(4) Stop has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code.(d) The Legislature finds and declares as follows:(1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices.(2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated.(3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve.(4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices.(5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling.(e) Racial or identity profiling, for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.(f) A peace officer shall not engage in racial or identity profiling.(g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training.(h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects:(1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community.(2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions.(3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement.(4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers.(5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area.(6) The prohibition against racial or identity profiling in subdivision (f).(i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends.(j) (1) Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement.(2) RIPA shall include the following members:(A) The Attorney General, or their designee.(B) The President of the California Public Defenders Association, or their designee.(C) The President of the California Police Chiefs Association, or their designee.(D) The President of the California State Sheriffs Association, or their designee.(E) The President of the Peace Officers Research Association of California, or their designee.(F) The Commissioner of the California Highway Patrol, or their designee.(G) The President of the California District Attorneys Association, or their designee.(H) A member of the commission who is an active peace officer but is not otherwise already a member of RIPA. (G)(I) A university professor who specializes in policing, and racial and identity equity.(H)Two representatives of(J) A representative of a human or civil rights tax-exempt organizations who specialize organization who specializes in civil or human rights.(I)Two representatives of community organizations who specialize(K) A representative of a community organization who specializes in civil or human rights and criminal justice, and work works with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age.(J)Two religious clergy members who specialize (L) A religious clergy member who specializes in addressing and reducing racial and identity bias toward individuals and groups.(K)Up to two other members that the Governor may prescribe.(L)Up to two other members that the President pro Tempore of the Senate may prescribe.(M)Up to two other members that the Speaker of the Assembly may prescribe.(3) Each year, on an annual basis, RIPA shall do the following:(A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of this code.(B) Analyze law enforcement training under this section.(C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California.(D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics.(E) (i) Issue a report that provides RIPAs analysis under subparagraphs (A) to (D), inclusive, and detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its internet website. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agencys total results for each data collection criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The report shall include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The reports shall be retained and made available to the public by posting those reports on the Department of Justices OpenJustice web portal. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of Section 7920.530 of the Government Code and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005 of the Government Code.(ii) Before publication, the report shall be subject to peer review by two separate entities, at least one of which shall be selected collectively by the members of RIPA described in subparagraphs (C) through (F), inclusive, of paragraph (2). The peer review shall include independent analysis of RIPA data and not simply an analysis of the report.(iii) Notwithstanding paragraph (6), any member of RIPA may cause a dissenting opinion to be included in the report that includes conclusions or recommendations, or both, that are in addition to, or differ from, the report that is agreed to by a majority of the members.(F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting.(4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies.(5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA.(6) No action of RIPA shall be valid unless agreed to by a majority of its members.(7) The initial terms of RIPA members shall be four years.(8) Each year, RIPA shall elect two of its members as cochairpersons.
13519.4. (a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment.
(b) The course of basic training for peace officers shall include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity.
(c) For the purposes of this section the following shall apply:
(1) Disability, gender, nationality, religion, and sexual orientation have the same meaning as in Section 422.55.
(2) Culturally diverse and cultural diversity include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues.
(3) Racial has the same meaning as race or ethnicity in Section 422.55.
(4) Stop has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code.
(d) The Legislature finds and declares as follows:
(1) The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be tarnished by the actions of those few who commit discriminatory practices.
(2) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated.
(3) Racial or identity profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve.
(4) Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices.
(5) It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling.
(e) Racial or identity profiling, for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.
(f) A peace officer shall not engage in racial or identity profiling.
(g) Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training.
(h) The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects:
(1) Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community.
(2) Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions.
(3) The history and role of the civil and human rights movement and struggles and their impact on law enforcement.
(4) Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers.
(5) Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area.
(6) The prohibition against racial or identity profiling in subdivision (f).
(i) Once the initial basic training is completed, each peace officer in California as described in subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends.
(j) (1) Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement.
(2) RIPA shall include the following members:
(A) The Attorney General, or their designee.
(B) The President of the California Public Defenders Association, or their designee.
(C) The President of the California Police Chiefs Association, or their designee.
(D) The President of the California State Sheriffs Association, or their designee.
(E) The President of the Peace Officers Research Association of California, or their designee.
(F) The Commissioner of the California Highway Patrol, or their designee.
(G) The President of the California District Attorneys Association, or their designee.
(H) A member of the commission who is an active peace officer but is not otherwise already a member of RIPA.
(G)
(I) A university professor who specializes in policing, and racial and identity equity.
(H)Two representatives of
(J) A representative of a human or civil rights tax-exempt organizations who specialize organization who specializes in civil or human rights.
(I)Two representatives of community organizations who specialize
(K) A representative of a community organization who specializes in civil or human rights and criminal justice, and work works with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age.
(J)Two religious clergy members who specialize
(L) A religious clergy member who specializes in addressing and reducing racial and identity bias toward individuals and groups.
(K)Up to two other members that the Governor may prescribe.
(L)Up to two other members that the President pro Tempore of the Senate may prescribe.
(M)Up to two other members that the Speaker of the Assembly may prescribe.
(3) Each year, on an annual basis, RIPA shall do the following:
(A) Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of this code.
(B) Analyze law enforcement training under this section.
(C) Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California.
(D) Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics.
(E) (i) Issue a report that provides RIPAs analysis under subparagraphs (A) to (D), inclusive, and detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its internet website. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agencys total results for each data collection criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The report shall include an analysis of stops that involve persons stopped in geographic locations that are different from where the person lives, works, or attends an educational institution. The reports shall be retained and made available to the public by posting those reports on the Department of Justices OpenJustice web portal. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of Section 7920.530 of the Government Code and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005 of the Government Code.
(ii) Before publication, the report shall be subject to peer review by two separate entities, at least one of which shall be selected collectively by the members of RIPA described in subparagraphs (C) through (F), inclusive, of paragraph (2). The peer review shall include independent analysis of RIPA data and not simply an analysis of the report.
(iii) Notwithstanding paragraph (6), any member of RIPA may cause a dissenting opinion to be included in the report that includes conclusions or recommendations, or both, that are in addition to, or differ from, the report that is agreed to by a majority of the members.
(F) Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting.
(4) Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies.
(5) Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA.
(6) No action of RIPA shall be valid unless agreed to by a majority of its members.
(7) The initial terms of RIPA members shall be four years.
(8) Each year, RIPA shall elect two of its members as cochairpersons.
SEC. 3. 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.
SEC. 3. 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.
SEC. 3. 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.
### SEC. 3.
(a)All statewide automated fingerprint identification systems shall be maintained by the Department of Justice. For purposes of this section, automated fingerprint identification system means electronic comparison of fingerprints to a database of known persons.
(b)Any state agency is exempted from this section if the agencys director finds that the automated identification system needed to meet programmatic requirements is less costly than an identical system available through an interagency agreement with the Department of Justice, or is not provided by the Department of Justice.
(c)Information contained in these systems shall be released to state agencies only on a need-to-know basis pursuant to any of the following:
(1)Statutory authorization to the extent permitted by federal law.
(2)A court order or decision that requires release of the information.
(3)An interagency agreement with the Department of Justice to develop and operate a system.
(d)The department may charge a fee to be paid by the agency for the actual cost of supporting the service.