AB 2524: OpenJustice Data Act of 2016.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-21
Existing law requires the Department of Justice to collect certain criminal justice data from specified persons and agencies, and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year, in addition to other reports, as specified. Existing law requires the department to prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department.
This bill would instead require the department to make available to the public information relating to criminal statistics through the departments OpenJustice Web portal, to be updated at least once per year, without requiring an increase in the frequency of reporting by local agencies. The bill would require the department to evaluate, on an annual basis, the progress of the transition from summary crime reporting to incident-based crime reporting and to report its findings to the Legislature annually through 2019. The bill would also provide legislative findings and declarations relating to the OpenJustice Web portal.
This bill would make conforming changes to related provisions concerning the interpretation and distribution of the criminal statistics, the maintenance of a specified data set, reports issued by the Racial and Identity Profiling Advisory Board, and information about homicide, hate crimes, identity theft, stolen goods, and the juvenile justice system. The bill would also make technical, nonsubstantive changes to these provisions.
Existing law requires the Department of Justice to collect certain criminal justice data from specified persons and agencies, and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year, in addition to other reports, as specified. Existing law requires the department to prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department.
This bill would instead require the department to make available to the public information relating to criminal statistics through the departments OpenJustice Web portal, to be updated at least once per year, without requiring an increase in the frequency of reporting by local agencies. The bill would require the department to evaluate, on an annual basis, the progress of the transition from summary crime reporting to incident-based crime reporting and to report its findings to the Legislature annually through 2019. The bill would also provide legislative findings and declarations relating to the OpenJustice Web portal.
This bill would make conforming changes to related provisions concerning the interpretation and distribution of the criminal statistics, the maintenance of a specified data set, reports issued by the Racial and Identity Profiling Advisory Board, and information about homicide, hate crimes, identity theft, stolen goods, and the juvenile justice system. The bill would also make technical, nonsubstantive changes to these provisions.
Existing law requires the Department of Justice to collect certain criminal justice data from specified persons and agencies, and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year, in addition to other reports, as specified. Existing law requires the department to prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department.
This bill would instead require the department to make available to the public information relating to criminal statistics through the departments OpenJustice Web portal, to be updated at least once per quarter, year, without requiring an increase in the frequency of reporting by local agencies. The bill would require the department, on or before January 1, 2021, to transition all of Californias crime data from summary crime reporting to incident-based crime reporting, through electronic means, in alignment with the federal National Incident-Based Reporting System, as specified, and to report annually through 2019 to the Legislature on the probability of meeting this implementation deadline. This bill would require local and state crime reporting agencies, commencing January 1, 2021, to submit crime data only through electronic means. The bill would require the department to ensure, on or before January 1, 2022, that its statistical systems are electronic, as specified. department to evaluate, on an annual basis, the progress of the transition from summary crime reporting to incident-based crime reporting and to report its findings to the Legislature annually through 2019. The bill would also provide legislative findings and declarations relating to the OpenJustice Web portal.
This bill would make conforming changes to related provisions, provisions concerning the interpretation and distribution of the criminal statistics, the maintenance of a specified data set, reports issued by the Racial and Identity Profiling Advisory Board, and information about homicide, hate crimes, identity theft, stolen goods, and the juvenile justice system. The bill would also make technical, nonsubstantive changes to these provisions.
By requiring local agencies to use electronic means to submit specified information to the department, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires the Department of Justice to collect certain criminal justice data from specified persons and agencies, and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year, in addition to other reports, as specified. Existing law requires the department to prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department.
This bill would instead require the department to make available to the public information relating to criminal statistics through the departments OpenJustice Web portal, to be updated at least once per quarter, and would limit the reporting format of the criminal justice data to electronic means. The bill would require the department to transition to digital collection of all data by January 1, 2018. without requiring an increase in the frequency of reporting by local agencies. The bill would require the department, on or before January 1, 2021, to transition all of Californias crime data from summary crime reporting to incident-based crime reporting, through electronic means, in alignment with the federal National Incident-Based Reporting System, as specified, and to report annually through 2019 to the Legislature on the probability of meeting this implementation deadline. This bill would require local and state crime reporting agencies, commencing January 1, 2021, to submit crime data only through electronic means. The bill would require the department to ensure, on or before January 1, 2022, that its statistical systems are electronic, as specified. The bill would also provide legislative findings and declarations relating to the OpenJustice Web portal.
This bill would make conforming changes to related provisions, concerning the interpretation and distribution of the criminal statistics, the maintenance of a specified data set, reports issued by the Racial and Identity Profiling Advisory Board, and information about homicide, hate crimes, identity theft, stolen goods, and the juvenile justice system. The bill would also make technical, nonsubstantive changes to these provisions.
By requiring local agencies to use electronic means to submit specified information to the department, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires the Department of Justice to collect certain criminal justice data from specified persons and agencies, and to present an annual report to the Governor containing the criminal statistics of the preceding calendar year, in addition to other reports, as specified. Existing law requires the department to prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department.
This bill would instead require the department to make available to the public information relating to criminal statistics through the departments OpenJustice Web portal, to be updated at least once per quarter, and would limit the reporting format of the criminal justice data to electronic means. The bill would require the department to transition to digital collection of all data by January 1, 2018. The bill would also provide legislative findings and declarations relating to the OpenJustice Web portal.
This bill would make conforming changes to related provisions, concerning the interpretation and distribution of the criminal statistics, the maintenance of a specified data set, reports issued by the Racial and Identity Profiling Advisory Board, and information about homicide, hate crimes, identity theft, and the juvenile justice system. The bill would also make technical, nonsubstantive changes to these provisions.
By requiring local agencies to use electronic means to submit specified information to the department, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires the Department of Justice to collect specified criminal justice information from local law enforcement agencies and prepare an annual report presenting the collected data. Existing law also requires the department to maintain a data set, updated annually, relating to crimes reported, number of clearances, and clearance rates reported by local law enforcement agencies. Existing law requires that this data set be available through a prominently displayed hypertext link on the departments Internet Web site.
This bill would instead require that the data set be available through either the departments Internet Web site, as specified above, or the departments OpenJustice data portal.
Existing law requires the Department of Justice to collect specified criminal justice information from local law enforcement agencies and prepare an annual report presenting the collected data. Existing law also requires the department to maintain a data set, updated annually, relating to crimes reported, number of clearances, and clearance rates reported by local law enforcement agencies. Existing law requires that this data set be available through a prominently displayed hypertext link on the departments Internet Web site.
This bill would instead require that the data set be available through either the departments Internet Web site, as specified above, or the departments OpenJustice data portal.
This act shall be known, and may be cited, as the OpenJustice Data Act of 2016.
SEC. 2.The Legislature finds and declares all of the following:
(a)The advent of new technology and the growth of data analytics have dramatically enhanced both the value and the accessibility of information, providing new opportunities for the public to engage with the government and benefit from information possessed by the state.
(b)The rise in digitization of information has significantly increased the speed of communication while specifically improving the efficiency at which documents may be shared across public agencies.
(c)The Department of Justice has traditionally maintained a centralized data repository for public safety information collected at the local level and submitted to the department for purposes of aggregation, analysis, and dissemination through an annual report, which is currently distributed as either a paper or static electronic annual report titled Crime in California, as well as additional specialized crime reports.
(d)In 2015, the Attorney General announced the launch of OpenJustice, a criminal justice Web portal that features both an interactive dashboard that provides data visualization with accompanying analysis and an open data portal that publishes raw data.
(e)Reinventing the departments crime reports as an Internet Web site within the OpenJustice Web portal will enable the public to receive dynamic, customized information that will significantly strengthen trust, enhance government accountability, and support real-time public policy decisionmaking.
(f)Despite the many advantages of electronic data collection, only approximately 40 percent of local law enforcement agencies currently submit required data sets through electronic means, impeding the ability of the state to implement a uniform reporting structure through which information is made available to the public more frequently and more effectively.
(g)There are significant public benefits in modernizing how public agencies engage with data and in encouraging the adoption of contemporary electronic technologies to reduce the inefficiencies and environmental impacts of paper recordkeeping.
(h)The Department of Justice is working with the Federal Bureau of Investigation and the federal Bureau of Justice Statistics to transition California from summary crime reporting to incident-based crime reporting.
(i)It is the intent of the Legislature that following full implementation of incident-based crime reporting, the Department of Justice work to transition to exclusively electronic crime data collection and evaluate the potential for criminal justice statistical data to be updated on the OpenJustice Web portal at a frequency greater than once per year.
SEC. 3.Section 21627 of the Business and Professions Code is amended to read:21627.(a)As used in this article, tangible personal property means all secondhand tangible personal property that bears a serial number or personalized initials or inscription or that, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.
(b)Tangible personal property also means the following:
(1)All tangible personal property, new or used, including motor vehicles, received in pledge as security for a loan by a pawnbroker.
(2)All tangible personal property that bears a serial number or personalized initials or inscription and that is purchased by a secondhand dealer or a pawnbroker or that, at the time of the purchase, bears evidence of having had a serial number or personalized initials or inscription.
(3)All tangible personal property that the Attorney General statistically determines through the most recent Department of Justice crime data, updated pursuant to Section 13010 of the Penal Code, to constitute a significant class of stolen goods. A list of that personal property shall be supplied by the Attorney General to all local law enforcement agencies and posted on the Attorney Generals Internet Web site. That list shall be updated annually by the Attorney General, beginning January 1, 2016, to ensure that it addresses current problems with stolen goods.
(c)As used in this article, tangible personal property does not include any new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of the new goods or merchandise by a secondhand dealer. For the purposes of this article, however, a secondhand dealer shall retain for one year from the date of purchase, and shall make available for inspection by any law enforcement officer, any receipt, invoice, bill of sale, or other evidence of purchase of the new goods or merchandise.
(d)As used in this article, tangible personal property does not include coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. Commercial grade ingots means 0.99 fine or finer ingots of gold, silver, palladium, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.
(e)For purposes of this article, a significant class of stolen goods means those items determined through the Department of Justices most recent OpenJustice Web portal update to constitute more than 10 percent of property reported stolen in the calendar year preceding the annual posting of the list of significant classes of stolen goods.
SEC. 4.Section 12525.2 of the Government Code is amended to read:12525.2.(a)Beginning January 1, 2017, each law enforcement agency shall annually furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)The date, time, and location of the incident.
(3)Whether the civilian was armed, and, if so, the type of weapon.
(4)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(5)The number of officers involved in the incident.
(6)The number of civilians involved in the incident.
(7)A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For purposes of this section, serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 5.Section 13010 of the Penal Code is amended to read:13010.It shall be the duty of the department:
(a)To collect data necessary for the work of the department from all persons and agencies mentioned in Section 13020 and from any other appropriate source.
(b)To prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
(c)To recommend the form and content of records that must be kept by those persons and agencies in order to ensure the correct reporting of data to the department.
(d)To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department.
(e)To process, tabulate, analyze, and interpret the data collected from those persons and agencies.
(f)To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
(g)To make available to the public, through the departments OpenJustice Web portal, information relating to criminal statistics, to be updated at least once per year, and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of a downloadable summary of this information shall be annually prepared to enable the Attorney General to send a copy to the Governor and to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This subdivision shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
(h)To periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
(i)To evaluate, on an annual basis, the progress of Californias transition from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System, and report its findings to the Legislature annually through 2019, pursuant to Section 9795 of the Government Code.
SEC. 6.Section 13010.5 of the Penal Code is amended to read:13010.5.(a)The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department, through its bureau whose mission is to protect the rights of children, in complying with the reporting requirement of paragraphs (3) and (4) of subdivision (a) of Section 13012, measuring the extent of juvenile delinquency, determining the need for, and effectiveness of, relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information that may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code.
(b)Statistical data collected pursuant to this section shall be made available to the public through the OpenJustice Web portal. The department may make available data collected pursuant to this section in the same manner as data collected pursuant to Section 13202.
SEC. 7.Section 13012 of the Penal Code is amended to read:13012.(a)The information published on the OpenJustice Web portal pursuant to Section 13010 shall contain statistics showing all of the following:
(1)The amount and the types of offenses known to the public authorities.
(2)The personal and social characteristics of criminals and delinquents.
(3)The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents.
(4)The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court.
(5)(A)The total number of each of the following:
(i)Citizen complaints received by law enforcement agencies under Section 832.5.
(ii)Citizen complaints alleging criminal conduct of either a felony or a misdemeanor.
(iii)Citizen complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
(B)The statistics reported under this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories:
(i)Sustained, which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of evidence.
(ii)Exonerated, which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy.
(iii)Not sustained, which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.
(iv)Unfounded, which means that the investigation clearly established that the allegation is not true.
(C)The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency.
(b)It shall be the duty of the department to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. This interpretation shall be presented in clear and informative formats on the OpenJustice Web portal. The Web portal shall also include statistics that are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned.
(c)Each year, on an annual basis, the Racial and Identity Profiling Advisory Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPAs analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4 and shall be published on the OpenJustice Web portal. The reports shall not disclose the identity of peace officers.
SEC. 8.Section 13012.6 of the Penal Code is amended to read:13012.6.The data published by the department on the OpenJustice Web portal pursuant to Section 13010 shall include information concerning arrests for violations of Section 530.5.
SEC. 9.Section 13013 of the Penal Code is amended to read:13013.The department shall maintain a data set, updated annually, that contains the number of crimes reported, number of clearances, and clearance rates in California as reported by individual law enforcement agencies. The data set shall be made available through the OpenJustice Web portal. This section shall not be construed to require reporting any crimes other than those required by Section 13012.
SEC. 10.Section 13014 of the Penal Code is amended to read:13014.(a)The Department of Justice shall perform the following duties concerning the investigation and prosecution of homicide cases:
(1)Collect information, as specified in subdivision (b), on all persons who are the victims of, and all persons who are charged with, homicide.
(2)Adopt and distribute, as a written form or by electronic means, to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases, forms that will include information to be provided to the department pursuant to subdivision (b).
(3)Compile, collate, index, and maintain an electronic file of the information required by subdivision (b). The file shall be available to the general public during the normal business hours of the department, as well as on the OpenJustice Web portal, and the department shall at least annually update the information required by this section, which shall also be available to the general public.
The department shall perform the duties specified in this subdivision within its existing budget.
(b)Every state or local governmental entity responsible for the investigation and prosecution of a homicide case shall provide the department with demographic information about the victim and the person or persons charged with the crime, including age, gender, race, and ethnic background.
SEC. 11.Section 13023 of the Penal Code is amended to read:13023.(a)Subject to the availability of adequate funding, the Attorney General shall direct local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be required relative to hate crimes. This information may include any general orders or formal policies on hate crimes and the hate crime pamphlet required pursuant to Section 422.92.
(b)On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from local law enforcement agencies pursuant to this section. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.
(c)For purposes of this section, hate crime has the same meaning as in Section 422.55.
SEC. 12.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 his or her designee.
(B)The President of the California Public Defenders Association, or his or her designee.
(C)The President of the California Police Chiefs Association, or his or her designee.
(D)The President of the California State Sheriffs Association, or his or her designee.
(E)The President of the Peace Officers Research Association of California, or his or her designee.
(F)The Commissioner of the California Highway Patrol, or his or her designee.
(G)A university professor who specializes in policing, and racial and identity equity.
(H)Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights.
(I)Two representatives of community organizations who specialize in civil or human rights and criminal justice, and work 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 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)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 Web site. 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 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 subdivision (d) of Section 6252 of the Government Code and are open to public inspection pursuant to Sections 6253, 6256, 6257, and 6258 of the Government Code.
(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.
This act shall be known, and may be cited, as the OpenJustice Data Act of 2016.
SEC. 2.The Legislature finds and declares all of the following:
(a)The advent of new technology and the growth of data analytics have dramatically enhanced both the value and the accessibility of information, providing new opportunities for the public to engage with the government and benefit from information possessed by the state.
(b)The rise in digitization of information has significantly increased the speed of communication while specifically improving the efficiency at which documents may be shared across public agencies.
(c)The Department of Justice has traditionally maintained a centralized data repository for public safety information collected at the local level and submitted to the department for purposes of aggregation, analysis, and dissemination through an annual report, which is currently distributed as either a paper or static electronic annual report titled Crime in California, as well as additional specialized crime reports.
(d)In 2015, the Attorney General announced the launch of OpenJustice, a criminal justice Web portal that features both an interactive dashboard that provides data visualization with accompanying analysis and an open data portal that publishes raw data.
(e)Reinventing the departments crime reports as an Internet Web site within the OpenJustice Web portal will enable the public to receive dynamic, customized information that will significantly strengthen trust, enhance government accountability, and support real-time public policy decisionmaking.
(f)Despite the many advantages of electronic data collection, only approximately 40 percent of local law enforcement agencies currently submit required data sets through electronic means, impeding the ability of the state to implement a uniform reporting structure through which information is made available to the public more frequently and more effectively.
(g)There are significant public benefits in modernizing how public agencies engage with data and in encouraging the adoption of contemporary electronic technologies to reduce the inefficiencies and environmental impacts of paper recordkeeping.
(h)The Department of Justice is working with the Federal Bureau of Investigation and the federal Bureau of Justice Statistics to transition California from summary crime reporting to incident-based crime reporting.
(i)It is the intent of the Legislature that following full implementation of incident-based crime reporting, the Department of Justice work to transition to exclusively electronic crime data collection and evaluate the potential for criminal justice statistical data to be updated on the OpenJustice Web portal at a frequency greater than once per year.
SEC. 3.Section 21627 of the Business and Professions Code is amended to read:21627.(a)As used in this article, tangible personal property means all secondhand tangible personal property that bears a serial number or personalized initials or inscription or that, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.
(b)Tangible personal property also means the following:
(1)All tangible personal property, new or used, including motor vehicles, received in pledge as security for a loan by a pawnbroker.
(2)All tangible personal property that bears a serial number or personalized initials or inscription and that is purchased by a secondhand dealer or a pawnbroker or that, at the time of the purchase, bears evidence of having had a serial number or personalized initials or inscription.
(3)All tangible personal property that the Attorney General statistically determines through the most recent Department of Justice crime data, updated pursuant to Section 13010 of the Penal Code, to constitute a significant class of stolen goods. A list of that personal property shall be supplied by the Attorney General to all local law enforcement agencies and posted on the Attorney Generals Internet Web site. That list shall be updated annually by the Attorney General, beginning January 1, 2016, to ensure that it addresses current problems with stolen goods.
(c)As used in this article, tangible personal property does not include any new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of the new goods or merchandise by a secondhand dealer. For the purposes of this article, however, a secondhand dealer shall retain for one year from the date of purchase, and shall make available for inspection by any law enforcement officer, any receipt, invoice, bill of sale, or other evidence of purchase of the new goods or merchandise.
(d)As used in this article, tangible personal property does not include coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. Commercial grade ingots means 0.99 fine or finer ingots of gold, silver, palladium, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.
(e)For purposes of this article, a significant class of stolen goods means those items determined through the Department of Justices most recent OpenJustice Web portal update to constitute more than 10 percent of property reported stolen in the calendar year preceding the annual posting of the list of significant classes of stolen goods.
SEC. 4.Section 12525.2 of the Government Code is amended to read:12525.2.(a)Beginning January 1, 2017, each law enforcement agency shall annually furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)The date, time, and location of the incident.
(3)Whether the civilian was armed, and, if so, the type of weapon.
(4)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(5)The number of officers involved in the incident.
(6)The number of civilians involved in the incident.
(7)A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For purposes of this section, serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 5.Section 13010 of the Penal Code is amended to read:13010.It shall be the duty of the department:
(a)To collect data necessary for the work of the department from all persons and agencies mentioned in Section 13020 and from any other appropriate source.
(b)To prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
(c)To recommend the form and content of records that must be kept by those persons and agencies in order to ensure the correct reporting of data to the department.
(d)To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department.
(e)To process, tabulate, analyze, and interpret the data collected from those persons and agencies.
(f)To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
(g)To make available to the public, through the departments OpenJustice Web portal, information relating to criminal statistics, to be updated at least once per year, and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of a downloadable summary of this information shall be annually prepared to enable the Attorney General to send a copy to the Governor and to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This subdivision shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
(h)To periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
(i)To evaluate, on an annual basis, the progress of Californias transition from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System, and report its findings to the Legislature annually through 2019, pursuant to Section 9795 of the Government Code.
SEC. 6.Section 13010.5 of the Penal Code is amended to read:13010.5.(a)The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department, through its bureau whose mission is to protect the rights of children, in complying with the reporting requirement of paragraphs (3) and (4) of subdivision (a) of Section 13012, measuring the extent of juvenile delinquency, determining the need for, and effectiveness of, relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information that may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code.
(b)Statistical data collected pursuant to this section shall be made available to the public through the OpenJustice Web portal. The department may make available data collected pursuant to this section in the same manner as data collected pursuant to Section 13202.
SEC. 7.Section 13012 of the Penal Code is amended to read:13012.(a)The information published on the OpenJustice Web portal pursuant to Section 13010 shall contain statistics showing all of the following:
(1)The amount and the types of offenses known to the public authorities.
(2)The personal and social characteristics of criminals and delinquents.
(3)The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents.
(4)The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court.
(5)(A)The total number of each of the following:
(i)Citizen complaints received by law enforcement agencies under Section 832.5.
(ii)Citizen complaints alleging criminal conduct of either a felony or a misdemeanor.
(iii)Citizen complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
(B)The statistics reported under this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories:
(i)Sustained, which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of evidence.
(ii)Exonerated, which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy.
(iii)Not sustained, which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.
(iv)Unfounded, which means that the investigation clearly established that the allegation is not true.
(C)The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency.
(b)It shall be the duty of the department to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. This interpretation shall be presented in clear and informative formats on the OpenJustice Web portal. The Web portal shall also include statistics that are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned.
(c)Each year, on an annual basis, the Racial and Identity Profiling Advisory Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPAs analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4 and shall be published on the OpenJustice Web portal. The reports shall not disclose the identity of peace officers.
SEC. 8.Section 13012.6 of the Penal Code is amended to read:13012.6.The data published by the department on the OpenJustice Web portal pursuant to Section 13010 shall include information concerning arrests for violations of Section 530.5.
SEC. 9.Section 13013 of the Penal Code is amended to read:13013.The department shall maintain a data set, updated annually, that contains the number of crimes reported, number of clearances, and clearance rates in California as reported by individual law enforcement agencies. The data set shall be made available through the OpenJustice Web portal. This section shall not be construed to require reporting any crimes other than those required by Section 13012.
SEC. 10.Section 13014 of the Penal Code is amended to read:13014.(a)The Department of Justice shall perform the following duties concerning the investigation and prosecution of homicide cases:
(1)Collect information, as specified in subdivision (b), on all persons who are the victims of, and all persons who are charged with, homicide.
(2)Adopt and distribute, as a written form or by electronic means, to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases, forms that will include information to be provided to the department pursuant to subdivision (b).
(3)Compile, collate, index, and maintain an electronic file of the information required by subdivision (b). The file shall be available to the general public during the normal business hours of the department, as well as on the OpenJustice Web portal, and the department shall at least annually update the information required by this section, which shall also be available to the general public.
The department shall perform the duties specified in this subdivision within its existing budget.
(b)Every state or local governmental entity responsible for the investigation and prosecution of a homicide case shall provide the department with demographic information about the victim and the person or persons charged with the crime, including age, gender, race, and ethnic background.
SEC. 11.Section 13023 of the Penal Code is amended to read:13023.(a)Subject to the availability of adequate funding, the Attorney General shall direct local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be required relative to hate crimes. This information may include any general orders or formal policies on hate crimes and the hate crime pamphlet required pursuant to Section 422.92.
(b)On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from local law enforcement agencies pursuant to this section. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.
(c)For purposes of this section, hate crime has the same meaning as in Section 422.55.
SEC. 12.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 his or her designee.
(B)The President of the California Public Defenders Association, or his or her designee.
(C)The President of the California Police Chiefs Association, or his or her designee.
(D)The President of the California State Sheriffs Association, or his or her designee.
(E)The President of the Peace Officers Research Association of California, or his or her designee.
(F)The Commissioner of the California Highway Patrol, or his or her designee.
(G)A university professor who specializes in policing, and racial and identity equity.
(H)Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights.
(I)Two representatives of community organizations who specialize in civil or human rights and criminal justice, and work 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 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)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 Web site. 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 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 subdivision (d) of Section 6252 of the Government Code and are open to public inspection pursuant to Sections 6253, 6256, 6257, and 6258 of the Government Code.
(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.
This act shall be known, and may be cited, as the OpenJustice Data Act of 2016.
SEC. 2.The Legislature finds and declares all of the following:
(a)The advent of new technology and the growth of data analytics have dramatically enhanced both the value and the accessibility of information, providing new opportunities for the public to engage with the government and benefit from information possessed by the state.
(b)The rise in digitization of information has significantly increased the speed of communication while specifically improving the efficiency at which documents may be shared across public agencies.
(c)The Department of Justice has traditionally maintained a centralized data repository for public safety information collected at the local level and submitted to the department for purposes of aggregation, analysis, and dissemination through an annual report, which is currently distributed as either a paper or static electronic annual report entitled titled Crime in California, as well as additional specialized crime reports.
(d)In 2015, the Attorney General announced the launch of OpenJustice, a criminal justice Web portal that features both an interactive dashboard that provides data visualization with accompanying analysis and an open data portal that publishes raw data.
(e)Reinventing the departments crime reports as an Internet Web site within the OpenJustice Web portal will enable the public to receive dynamic, customized information that will significantly strengthen trust, enhance government accountability, and support real-time public policy decisionmaking.
(f)Despite the many advantages of electronic data collection, only approximately 40 percent of local law enforcement agencies currently submit required data sets through electronic means, impeding the ability of the state to implement a uniform reporting structure through which information is made available to the public more frequently and more effectively.
(g)There are significant public benefits in modernizing how public agencies engage with data and in encouraging the adoption of contemporary electronic technologies to reduce the inefficiencies and environmental impacts of paper recordkeeping.
(h)The Department of Justice is working with the Federal Bureau of Investigation and the federal Bureau of Justice Statistics to transition California from summary crime reporting to incident-based crime reporting. This transition would require the electronic submission of all reported statistical data.
(i)It is the intent of the Legislature that this transition be completed on or before January 1, 2021, at which time all local and state crime reporting agencies shall submit crime data only through electronic means.
(j)On or before January 1, 2022, the statistical systems of the Department of Justice shall be electronic, allowing for criminal justice statistical data to be updated more frequently than annually on the OpenJustice Web portal.
(i)It is the intent of the Legislature that following full implementation of incident-based crime reporting, the Department of Justice work to transition to exclusively electronic crime data collection and evaluate the potential for criminal justice statistical data to be updated on the OpenJustice Web portal at a frequency greater than once per year.
SEC. 3.Section 21627 of the Business and Professions Code is amended to read:21627.(a)As used in this article, tangible personal property means all secondhand tangible personal property that bears a serial number or personalized initials or inscription or that, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.
(b)Tangible personal property also means the following:
(1)All tangible personal property, new or used, including motor vehicles, received in pledge as security for a loan by a pawnbroker.
(2)All tangible personal property that bears a serial number or personalized initials or inscription and that is purchased by a secondhand dealer or a pawnbroker or that, at the time of the purchase, bears evidence of having had a serial number or personalized initials or inscription.
(3)All tangible personal property that the Attorney General statistically determines through the most recent Department of Justice crime data, updated pursuant to Section 13010 of the Penal Code, to constitute a significant class of stolen goods. A list of that personal property shall be supplied by the Attorney General to all local law enforcement agencies and posted on the Attorney Generals Internet Web site. That list shall be updated annually by the Attorney General, beginning January 1, 2016, to ensure that it addresses current problems with stolen goods.
(c)As used in this article, tangible personal property does not include any new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of the new goods or merchandise by a secondhand dealer. For the purposes of this article, however, a secondhand dealer shall retain for one year from the date of purchase, and shall make available for inspection by any law enforcement officer, any receipt, invoice, bill of sale, or other evidence of purchase of the new goods or merchandise.
(d)As used in this article, tangible personal property does not include coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. Commercial grade ingots means 0.99 fine or finer ingots of gold, silver, palladium, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.
(e)For purposes of this article, a significant class of stolen goods means those items determined through the Department of Justices most recent OpenJustice Web portal update to constitute more than 10 percent of property reported stolen in the calendar year preceding the annual posting of the list of significant classes of stolen goods.
SEC. 4.Section 12525.2 of the Government Code is amended to read:12525.2.(a)Beginning January 1, 2017, each law enforcement agency shall annually furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)The date, time, and location of the incident.
(3)Whether the civilian was armed, and, if so, the type of weapon.
(4)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(5)The number of officers involved in the incident.
(6)The number of civilians involved in the incident.
(7)A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For purposes of this section, serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 5.Section 13010 of the Penal Code is amended to read:13010.It shall be the duty of the department:
(a)To collect data necessary for the work of the department from all persons and agencies mentioned in Section 13020 and from any other appropriate source.
(b)To prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
(c)To recommend the form and content of records that must be kept by those persons and agencies in order to ensure the correct reporting of data to the department.
(d)To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department.
(e)To process, tabulate, analyze, and interpret the data collected from those persons and agencies.
(f)To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
(g)To make available to the public, through the departments OpenJustice Web portal, information relating to criminal statistics, to be updated at least once per quarter, year, and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of a downloadable summary of this information shall be annually prepared to enable the Attorney General to send a copy to the Governor and to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This subdivision shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
(h)To periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
(i)On or before January 1, 2021, to transition all of Californias crime data from summary crime reporting to incident-based crime reporting, through electronic means, in alignment with the federal National Incident-Based Reporting System.
(1)The department shall evaluate, on an annual basis, the probability of meeting the January 1, 2021, implementation deadline and report its findings to the Legislature annually through 2019 pursuant to Section 9795 of the Government Code.
(2)Local and state agencies that are unable to meet this implementation deadline and that have committed to transitioning to incident-based crime reporting shall collaborate with the department to develop a transition plan with a timeline for the transition.
(j)Commencing January 1, 2021, to accept the collection of crime data from local and state crime reporting agencies only through electronic means. Commencing January 1, 2021, these agencies shall submit crime data to the department only through electronic means.
(k)On or before January 1, 2022, to ensure that the statistical systems of the department are electronic, allowing for criminal justice statistical data to be updated more frequently than annually on the OpenJustice Web portal.
(i)To evaluate, on an annual basis, the progress of Californias transition from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System, and report its findings to the Legislature annually through 2019, pursuant to Section 9795 of the Government Code.
SEC. 6.Section 13010.5 of the Penal Code is amended to read:13010.5.(a)The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department, through its bureau whose mission is to protect the rights of children, in complying with the reporting requirement of paragraphs (3) and (4) of subdivision (a) of Section 13012, measuring the extent of juvenile delinquency, determining the need for, and effectiveness of, relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information that may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code.
(b)Statistical data collected pursuant to this section shall be made available to the public through the OpenJustice Web portal. The department may make available data collected pursuant to this section in the same manner as data collected pursuant to Section 13202.
SEC. 7.Section 13012 of the Penal Code is amended to read:13012.(a)The information published on the OpenJustice Web portal pursuant to Section 13010 shall contain statistics showing all of the following:
(1)The amount and the types of offenses known to the public authorities.
(2)The personal and social characteristics of criminals and delinquents.
(3)The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents.
(4)The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court.
(5)(A)The total number of each of the following:
(i)Citizen complaints received by law enforcement agencies under Section 832.5.
(ii)Citizen complaints alleging criminal conduct of either a felony or a misdemeanor.
(iii)Citizen complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
(B)The statistics reported under this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories:
(i)Sustained, which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of evidence.
(ii)Exonerated, which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy.
(iii)Not sustained, which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.
(iv)Unfounded, which means that the investigation clearly established that the allegation is not true.
(C)The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency.
(b)It shall be the duty of the department to use the latest advances in data science to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. This interpretation shall be presented in clear and informative formats on the OpenJustice Web portal. The Web portal shall also include statistics that are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned.
(c)Each year, on an annual basis, the Racial and Identity Profiling Advisory Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPAs analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4 and shall be published on the OpenJustice Web portal. The reports shall not disclose the identity of peace officers.
SEC. 8.Section 13012.6 of the Penal Code is amended to read:13012.6.The data published by the department on the OpenJustice Web portal under pursuant to Section 13010 shall include information concerning arrests for violations of Section 530.5.
SEC. 9.Section 13013 of the Penal Code is amended to read:13013.The department shall maintain a data set, updated quarterly, annually, that contains the number of crimes reported, number of clearances, and clearance rates in California as reported by individual law enforcement agencies. The data set shall be made available through the OpenJustice Web portal. This section shall not be construed to require reporting any crimes other than those required by Section 13012.
SEC. 10.Section 13014 of the Penal Code is amended to read:13014.(a)The Department of Justice shall perform the following duties concerning the investigation and prosecution of homicide cases:
(1)Collect information, as specified in subdivision (b), on all persons who are the victims of, and all persons who are charged with, homicide.
(2)Adopt and distribute distribute, as a written form or by electronic means means, to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases cases, forms that will include information to be provided to the department pursuant to subdivision (b).
(3)Compile, collate, index, and maintain an electronic file of the information required by subdivision (b). The file shall be available to the general public during the normal business hours of the department, as well as on the OpenJustice Web portal, and the department shall quarterly at least annually update the information required by this section, which shall also be available to the general public.
The department shall perform the duties specified in this subdivision within its existing budget.
(b)Every state or local governmental entity responsible for the investigation and prosecution of a homicide case shall provide the department with demographic information about the victim and the person or persons charged with the crime, including age, gender, race, and ethnic background.
SEC. 11.Section 13023 of the Penal Code is amended to read:13023.(a)Subject to the availability of adequate funding, the Attorney General shall direct local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be required relative to hate crimes. This information may include any general orders or formal policies on hate crimes and the hate crime pamphlet required pursuant to Section 422.92.
(b)On a quarterly basis, or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from local law enforcement agencies pursuant to this section. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.
(c)For purposes of this section, hate crime has the same meaning as in Section 422.55.
SEC. 12.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 his or her designee.
(B)The President of the California Public Defenders Association, or his or her designee.
(C)The President of the California Police Chiefs Association, or his or her designee.
(D)The President of the California State Sheriffs Association, or his or her designee.
(E)The President of the Peace Officers Research Association of California, or his or her designee.
(F)The Commissioner of the California Highway Patrol, or his or her designee.
(G)A university professor who specializes in policing, and racial and identity equity.
(H)Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights.
(I)Two representatives of community organizations who specialize in civil or human rights and criminal justice, and work 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 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)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 Web site. 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 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 subdivision (d) of Section 6252 of the Government Code and are open to public inspection pursuant to Sections 6253, 6256, 6257, and 6258 of the Government Code.
(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. 13.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.
This act shall be known, and may be cited, as the OpenJustice Data Act of 2016.
SEC. 2.The Legislature finds and declares all of the following:
(a)The advent of new technology and the growth of data analytics have dramatically enhanced both the value and the accessibility of information, providing new opportunities for the public to engage with the government and benefit from information possessed by the state.
(b)The rise in digitization of information has significantly increased the speed of communication while specifically improving the efficiency at which documents may be shared across public agencies.
(c)The Department of Justice has traditionally maintained a centralized data repository for public safety information collected at the local level and submitted to the department for purposes of aggregation, analysis, and dissemination through an annual report, which is currently distributed as either a paper or static electronic annual report entitled Crime in California, as well as additional specialized crime reports.
(d)In 2015, the Attorney General announced the launch of OpenJustice, a criminal justice Web portal that features both an interactive dashboard that provides data visualization with accompanying analysis and an open data portal that publishes raw data.
(e)Reinventing the departments crime reports as an Internet Web site within the OpenJustice Web portal will enable the public to receive dynamic, customized information that will significantly strengthen trust, enhance government accountability, and support real-time public policy decisionmaking.
(f)Despite the many advantages of digital electronic data collection, only approximately 40 percent of local law enforcement agencies currently submit required data sets through electronic means, impeding the ability of the state to implement a uniform reporting structure through which information is made available to the public more frequently and more effectively.
(g)There are significant public benefits in modernizing how public agencies engage with data and in encouraging the adoption of contemporary digital electronic technologies to reduce the inefficiencies and environmental impacts of paper recordkeeping.
(h)Requiring local agencies to submit information to the department through electronic means will streamline the collection of the information so that it may be more quickly and economically made available to the public through the OpenJustice Web portal.
(h)The Department of Justice is working with the Federal Bureau of Investigation and the federal Bureau of Justice Statistics to transition California from summary crime reporting to incident-based crime reporting. This transition would require the electronic submission of all reported statistical data.
(i)It is the intent of the Legislature that this transition be completed on or before January 1, 2021, at which time all local and state crime reporting agencies shall submit crime data only through electronic means.
(j)On or before January 1, 2022, the statistical systems of the Department of Justice shall be electronic, allowing for criminal justice statistical data to be updated more frequently than annually on the OpenJustice Web portal.
SEC. 3.Section 21627 of the Business and Professions Code is amended to read:21627.(a)As used in this article, tangible personal property means all secondhand tangible personal property which that bears a serial number or personalized initials or inscription or which, that, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription.
(b)Tangible personal property also means the following:
(1)All tangible personal property, new or used, including motor vehicles, received in pledge as security for a loan by a pawnbroker.
(2)All tangible personal property that bears a serial number or personalized initials or inscription which and that is purchased by a secondhand dealer or a pawnbroker or which, that, at the time of such the purchase, bears evidence of having had a serial number or personalized initials or inscription.
(3)All tangible personal property that the Attorney General statistically determines through the most recent Department of Justice Crime in California report crime data, updated pursuant to Section 13010 of the Penal Code, to constitute a significant class of stolen goods. A list of such that personal property shall be supplied by the Attorney General to all local law enforcement agencies and posted on the Attorney Generals Internet Web site. Such That list shall be updated annually by the Attorney General, beginning January 1, 2016, to ensure that it addresses current problems with stolen goods.
(c)As used in this article, tangible personal property does not include any new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of such the new goods or merchandise by a secondhand dealer. For the purposes of this article, however, a secondhand dealer shall retain for one year from the date of purchase, and shall make available for inspection by any law enforcement officer, any receipt, invoice, bill of sale sale, or other evidence of purchase of such the new goods or merchandise.
(d)As used in this article, tangible personal property does not include coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. Commercial grade ingots means 0.99 fine or finer ingots of gold, silver, palladium, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.
(e)For purposes of this article, a significant class of stolen goods means those items determined through the Department of Justices annual Crime in California report most recent OpenJustice Web portal update to constitute more than 10 percent of property reported stolen in the calendar year preceding the annual posting of the list of significant classes of stolen goods.
SEC. 3.SEC. 4.Section 12525.2 of the Government Code is amended to read:12525.2.(a)Beginning January 1, 2017, each law enforcement agency shall annually furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)The date, time, and location of the incident.
(3)Whether the civilian was armed, and, if so, the type of weapon.
(4)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(5)The number of officers involved in the incident.
(6)The number of civilians involved in the incident.
(7)A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For purposes of this section, serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 4.SEC. 5.Section 13010 of the Penal Code is amended to read:13010.It shall be the duty of the department:
(a)To collect data necessary for the work of the department from all persons and agencies mentioned in Section 13020 and from any other appropriate source.
(b)To prepare and distribute to all those persons and agencies, agencies cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
(c)To recommend the form and content of records that must be kept by those persons and agencies in order to ensure the correct reporting of data to the department.
(d)To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department.
(e)To process, tabulate, analyze, and interpret the data collected from those persons and agencies.
(f)To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
(g)To make available to the public, through the departments OpenJustice Web portal, information relating to criminal statistics, to be updated at least once per quarter, and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of a downloadable summary of this information shall be annually prepared to enable the Attorney General to send a copy to the Governor and to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This subdivision shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
(h)To transition to digital collection of all data by January 1, 2018, to periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
(i)On or before January 1, 2021, to transition all of Californias crime data from summary crime reporting to incident-based crime reporting, through electronic means, in alignment with the federal National Incident-Based Reporting System.
(1)The department shall evaluate, on an annual basis, the probability of meeting the January 1, 2021, implementation deadline and report its findings to the Legislature annually through 2019 pursuant to Section 9795 of the Government Code.
(2)Local and state agencies that are unable to meet this implementation deadline and that have committed to transitioning to incident-based crime reporting shall collaborate with the department to develop a transition plan with a timeline for the transition.
(j)Commencing January 1, 2021, to accept the collection of crime data from local and state crime reporting agencies only through electronic means. Commencing January 1, 2021, these agencies shall submit crime data to the department only through electronic means.
(k)On or before January 1, 2022, to ensure that the statistical systems of the department are electronic, allowing for criminal justice statistical data to be updated more frequently than annually on the OpenJustice Web portal.
SEC. 5.SEC. 6.Section 13010.5 of the Penal Code is amended to read:13010.5.(a)The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department, through its bureau whose mission is to protect the rights of children, in complying with the reporting requirement of paragraphs (3) and (4) of subdivision (a) of Section 13012, measuring the extent of juvenile delinquency, determining the need for for, and effectiveness of of, relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information that may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code.
(b)Statistical data collected pursuant to this section shall be made available to the public through the OpenJustice Web portal. The department may make available data collected pursuant to this section in the same manner as data collected pursuant to Section 13202.
SEC. 6.SEC. 7.Section 13012 of the Penal Code is amended to read:13012.(a)The information published on the OpenJustice Web portal pursuant to Section 13010 shall contain statistics showing all of the following:
(1)The amount and the types of offenses known to the public authorities.
(2)The personal and social characteristics of criminals and delinquents.
(3)The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents.
(4)The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court.
(5)(A)The total number of each of the following:
(i)Citizen complaints received by law enforcement agencies under Section 832.5.
(ii)Citizen complaints alleging criminal conduct of either a felony or a misdemeanor.
(iii)Citizen complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
(B)The statistics reported under this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories:
(i)Sustained, which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of evidence.
(ii)Exonerated, which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy.
(iii)Not sustained, which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.
(iv)Unfounded, which means that the investigation clearly established that the allegation is not true.
(C)The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency.
(b)It shall be the duty of the department to use the latest advances in data science to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. This interpretation shall be presented in clear and informative formats on the OpenJustice Web portal. The Web portal shall also include statistics that are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned.
(c)Each year, on an annual basis, the Racial and Identity Profiling Advisory Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPAs analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4 and shall be published on the OpenJustice Web portal. The reports shall not disclose the identity of peace officers.
SEC. 7.SEC. 8.Section 13012.6 of the Penal Code is amended to read:13012.6.The data published by the department on the OpenJustice Web portal under Section 13010 shall include information concerning arrests for violations of Section 530.5.
SEC. 8.SEC. 9.Section 13013 of the Penal Code is amended to read:13013.The department shall maintain a data set, updated quarterly, that contains the number of crimes reported, number of clearances, and clearance rates in California as reported by individual law enforcement agencies. The data set shall be made available through the OpenJustice Web portal. This section shall not be construed to require reporting any crimes other than those required by Section 13012.
SEC. 9.SEC. 10.Section 13014 of the Penal Code is amended to read:13014.(a)The Department of Justice shall perform the following duties concerning the investigation and prosecution of homicide cases:
(1)Collect information, as specified in subdivision (b), on all persons who are the victims of, and all persons who are charged with, homicide.
(2)Adopt and distribute by electronic means to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases forms that will include information to be provided to the department pursuant to subdivision (b).
(3)Compile, collate, index, and maintain an electronic file of the information required by subdivision (b). The file shall be available to the general public during the normal business hours of the department, as well as on the OpenJustice Web portal, and the department shall quarterly update the information required by this section, which shall also be available to the general public.
The department shall perform the duties specified in this subdivision within its existing budget.
(b)Every state or local governmental entity responsible for the investigation and prosecution of a homicide case shall provide the department with demographic information about the victim and the person or persons charged with the crime, including age, gender, race, and ethnic background.
SEC. 10.SEC. 11.Section 13023 of the Penal Code is amended to read:13023.(a)Subject to the availability of adequate funding, the Attorney General shall direct local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be required relative to hate crimes. This information may include any general orders or formal policies on hate crimes and the hate crime pamphlet required pursuant to Section 422.92.
(b)On a quarterly basis, the Department of Justice shall update the OpenJustice Web portal with the information obtained from local law enforcement agencies pursuant to this section. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.
(c)For purposes of this section, hate crime has the same meaning as in Section 422.55.
SEC. 11.SEC. 12.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 his or her designee.
(B)The President of the California Public Defenders Association, or his or her designee.
(C)The President of the California Police Chiefs Association, or his or her designee.
(D)The President of the California State Sheriffs Association, or his or her designee.
(E)The President of the Peace Officers Research Association of California, or his or her designee.
(F)The Commissioner of the California Highway Patrol, or his or her designee.
(G)A university professor who specializes in policing, and racial and identity equity.
(H)Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights.
(I)Two representatives of community organizations who specialize in civil or human rights and criminal justice, and work 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 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 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 the Penal Code. 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)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 Web site. 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 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 subdivision (d) of Section 6252 of the Government Code and are open to public inspection pursuant to Sections 6253, 6256, 6257, and 6258 of the Government Code.
(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. 12.SEC. 13.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.
This act shall be known, and may be cited, as the OpenJustice Data Act of 2016.
SEC. 2.The Legislature finds and declares all of the following:
(a)The advent of new technology and the growth of data analytics have dramatically enhanced both the value and the accessibility of information, providing new opportunities for the public to engage with the government and benefit from information possessed by the state.
(b)The rise in digitization of information has significantly increased the speed of communication while specifically improving the efficiency at which documents may be shared across public agencies.
(c)The Department of Justice has traditionally maintained a centralized data repository for public safety information collected at the local level and submitted to the department for purposes of aggregation, analysis, and dissemination through an annual report, which is currently distributed as either a paper or static electronic annual report entitled Crime in California, as well as additional specialized crime reports.
(d)In 2015, the Attorney General announced the launch of OpenJustice, a criminal justice Web portal that features both an interactive dashboard that provides data visualization with accompanying analysis and an open data portal that publishes raw data.
(e)Reinventing the departments crime reports as an Internet Web site within the OpenJustice Web portal will enable the public to receive dynamic, customized information that will significantly strengthen trust, enhance government accountability, and support real-time public policy decisionmaking.
(f)Despite the many advantages of digital data collection, only approximately 40 percent of local law enforcement agencies currently submit required data sets through electronic means, impeding the ability of the state to implement a uniform reporting structure through which information is made available to the public more frequently and more effectively.
(g)There are significant public benefits in modernizing how public agencies engage with data and in encouraging the adoption of contemporary digital technologies to reduce the inefficiencies and environmental impacts of paper recordkeeping.
(h)Requiring local agencies to submit information to the department through electronic means will streamline the collection of the information so that it may be more quickly and economically made available to the public through the OpenJustice Web portal.
SEC. 3.Section 12525.2 of the Government Code is amended to read:12525.2.(a)Beginning January 1, 2017, each law enforcement agency shall annually furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:
(1)An incident involving the shooting of a civilian by a peace officer.
(2)An incident involving the shooting of a peace officer by a civilian.
(3)An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death.
(4)An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death.
(b)For each incident reported under subdivision (a), the information reported to the Department of Justice shall include, but not be limited to, all of the following:
(1)The gender, race, and age of each individual who was shot, injured, or killed.
(2)The date, time, and location of the incident.
(3)Whether the civilian was armed, and, if so, the type of weapon.
(4)The type of force used against the officer, the civilian, or both, including the types of weapons used.
(5)The number of officers involved in the incident.
(6)The number of civilians involved in the incident.
(7)A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions on behavior or mental disorders.
(c)Each year, the Department of Justice shall include a summary of information contained in the reports received pursuant to subdivision (a) in its annual crime report issued by the department through the departments OpenJustice Web portal pursuant to Section 13010 of the Penal Code. This information shall be classified according to the reporting law enforcement jurisdiction. In cases involving a peace officer who is injured or killed, the report shall list the officers employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. This subdivision does not authorize the release to the public of the badge number or other unique identifying information of the peace officer involved.
(d)For purposes of this section, serious bodily injury means a bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
SEC. 4.Section 13010 of the Penal Code is amended to read:13010.It shall be the duty of the department:
(a)To collect data necessary for the work of the department from all persons and agencies mentioned in Section 13020 and from any other appropriate source.
(b)To prepare and distribute to all those persons and agencies, cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
(c)To recommend the form and content of records which that must be kept by those persons and agencies in order to ensure the correct reporting of data to the department.
(d)To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department.
(e)To process, tabulate, analyze analyze, and interpret the data collected from those persons and agencies.
(f)To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
(g)To present to the Governor, on or before July 1st, an annual report containing the To make available to the public, through the departments OpenJustice Web portal, information relating to criminal statistics of the preceding calendar year statistics, to be updated at least once per quarter, and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of all reports a downloadable summary of this information shall be annually prepared to enable the Attorney General to send a copy to the Governor and to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment.
(h)To transition to digital collection of all data by January 1, 2018, to periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
SEC. 5.Section 13010.5 of the Penal Code is amended to read:13010.5.(a)The department shall collect data pertaining to the juvenile justice system for criminal history and statistical purposes. This information shall serve to assist the department department, through its bureau whose mission is to protect the rights of children, in complying with the reporting requirement of subdivisions (c) and (d) paragraphs (3) and (4) of subdivision (a) of Section 13012, measuring the extent of juvenile delinquency, determining the need for and effectiveness of relevant legislation, and identifying long-term trends in juvenile delinquency. Any data collected pursuant to this section may include criminal history information which that may be used by the department to comply with the requirements of Section 602.5 of the Welfare and Institutions Code.
(b)Statistical data collected pursuant to this section shall be made available to the public through the OpenJustice Web portal. The department may make available data collected pursuant to this section in the same manner as data collected pursuant to Section 13202.
SEC. 6.Section 13012 of the Penal Code is amended to read:13012.(a)The annual report of the department provided for in information published on the OpenJustice Web portal pursuant to Section 13010 shall contain statistics showing all of the following:
(1)The amount and the types of offenses known to the public authorities.
(2)The personal and social characteristics of criminals and delinquents.
(3)The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents.
(4)The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies, agencies or institutions, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court.
(5)(A)The total number of each of the following:
(i)Citizen complaints received by law enforcement agencies under Section 832.5.
(ii)Citizen complaints alleging criminal conduct of either a felony or misdemeanor.
(iii)Citizen complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
(B)The statistics reported under this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories:
(i)Sustained, which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of evidence.
(ii)Exonerated, which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy.
(iii)Not sustained, which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.
(iv)Unfounded, which means that the investigation clearly established that the allegation is not true.
(C)The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency.
(b)It shall be the duty of the department to use the latest advances in data science to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or concerned with the prevention of crime and delinquency. This interpretation shall be presented in clear and informative formats on the OpenJustice Web portal. The report Web portal shall also include statistics which that are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned.
(c)Each year, on an annual basis, the Racial and Identity Profiling Advisory Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPAs analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4. 13519.4 and shall be published on the OpenJustice Web portal. The reports shall not disclose the identity of peace officers.
SEC. 7.Section 13012.6 of the Penal Code is amended to read:13012.6.The annual report data published by the department on the OpenJustice Web portal under Section 13010 shall include information concerning arrests for violations of Section 530.5.
SECTION 1.SEC. 8.Section 13013 of the Penal Code is amended to read:13013.The department shall maintain a data set, updated annually, quarterly, that contains the number of crimes reported, number of clearances clearances, and clearance rates in California as reported by individual law enforcement agencies. The data set shall be made available through a prominently displayed hypertext link on the departments Internet Web site or through the departments OpenJustice data Web portal. This section shall not be construed to require reporting any crimes other than those required by Section 13012.
SEC. 9.Section 13014 of the Penal Code is amended to read:13014.(a)The Department of Justice shall perform the following duties concerning the investigation and prosecution of homicide cases:
(1)Collect information, as specified in subdivision (b), on all persons who are the victims of, and all persons who are charged with, homicide.
(2)Adopt and distribute as a written form or by electronic means to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases forms that will include information to be provided to the department pursuant to subdivision (b).
(3)Compile, collate, index, and maintain a an electronic file of the information required by subdivision (b). The file shall be available to the general public during the normal business hours of the department, as well as on the OpenJustice Web portal, and the department shall annually publish a report containing quarterly update the information required by this section, which shall also be available to the general public.
The department shall perform the duties specified in this subdivision within its existing budget.
(b)Every state or local governmental entity responsible for the investigation and prosecution of a homicide case shall provide the department with demographic information about the victim and the person or persons charged with the crime, including age, gender, race, and ethnic background.
SEC. 10.Section 13023 of the Penal Code is amended to read:13023.(a)Subject to the availability of adequate funding, the Attorney General shall direct local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be required relative to hate crimes. This information may include any general orders or formal policies on hate crimes and the hate crime pamphlet required pursuant to Section 422.92.
(b)On or before July 1 of each year, a quarterly basis, the Department of Justice shall submit a report to the Legislature analyzing the results of update the OpenJustice Web portal with the information obtained from local law enforcement agencies pursuant to this section. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.
(c)For purposes of this section, hate crime has the same meaning as in Section 422.55.
SEC. 11.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 evidenced-based 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 his or her designee.
(B)The President of the California Public Defenders Association, or his or her designee.
(C)The President of the California Police Chiefs Association, or his or her designee.
(D)The President of California State Sheriffs Association, or his or her designee.
(E)The President of the Peace Officers Research Association of California, or his or her designee.
(F)The Commissioner of the California Highway Patrol, or his or her designee.
(G)A university professor who specializes in policing, and racial and identity equity.
(H)Two representatives of human or civil rights tax-exempt organizations who specialize in civil or human rights.
(I)Two representatives of community organizations who specialize in civil or human rights and criminal justice, and work 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 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 the Penal 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)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 Web site. 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 criteria criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year. The reports shall be retained and made available to the public by posting those reports on the Department of Justices Internet Web site. 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 subdivision (d) of Section 6252 of the Government Code and are open to public inspection pursuant to Sections 6253, 6256, 6257, and 6258 of the Government Code.
(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. 12.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.
The department shall maintain a data set, updated annually, that contains the number of crimes reported, number of clearances and clearance rates in California as reported by individual law enforcement agencies. The data set shall be made available through a prominently displayed hypertext link on the departments Internet Web site. site or through the departments OpenJustice data portal. This section shall not be construed to require reporting any crimes other than those required by Section 13012.
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Date
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Status
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|---|---|
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.) |
| Sep 9, 2016 | Enrolled and presented to the Governor at 2:30 p.m. |
| Aug 30, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6455.). |
| Aug 30, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 26, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77. |
| Aug 24, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5342.). |
| Aug 24, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 16, 2016 | Read second time and amended. Ordered to third reading. |
| Aug 15, 2016 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11). |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 9, 2016 | Referred to Com. on PUB. S. |
| Jun 6, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Feb 19, 2016 | Introduced. To print. |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5197.) |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. |
| Jun 1, 2016 | Read second time. Ordered to third reading. |
| May 31, 2016 | Read second time and amended. Ordered returned to second reading. |
| May 27, 2016 | From committee: Amend, and do pass as amended. (Ayes 16. Noes 1.) (May 27). |
| Apr 20, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 30, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 29). Re-referred to Com. on APPR. |
| Mar 15, 2016 | Re-referred to Com. on PUB. S. |
| Mar 14, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 8, 2016 | Referred to Com. on PUB. S. |
| Feb 22, 2016 | Read first time. |
| Feb 21, 2016 | From printer. May be heard in committee March 22. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2016 | AB 2524 IRWIN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 24, 2016 | Assembly 3rd Reading AB2524 Irwin By Block | Senate Floor |
Passed |
|
| Aug 11, 2016 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| Jun 2, 2016 | AB 2524 IRWIN Assembly Third Reading | Assembly Floor |
Passed |
|
| May 27, 2016 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 29, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Anti-Defamation League | ** Support | Aug 24, 2016 |
| California Attorney General Kamala Harris | ** Support | Aug 24, 2016 |
| California State Sheriffs' Association | ** Against | Mar 29, 2016 |
| PUB. S. | ** Against | Mar 29, 2016 |
| Socrata | ** Support | Aug 24, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2524
Author:(Irwin)
As Amended Ver:August 16, 2016
Majority vote
ASSEMBLY: | 78-0 | (June 2, 2016) | SENATE: | 39-0 | (August 24, 2016) |
Original Committee Reference: PUB. S.
SUMMARY: Requires the Department of Justice (DOJ) make available to the public its mandatory criminal justice statistics reports through the OpenJustice Web Portal, to be updated at least yearly, and makes conforming changes to existing provisions related to criminal statistics.
The Senate amendments:
- Delete the intent of the Legislature that on or before January 1, 2022, DOJ's statistical systems shall be electronic, and instead provide that it is the intent of the Legislature that following full implementation of incident-based crime reporting, DOJ work to transition to exclusively electronic crime data collection and evaluate the potential for criminal justice statistical data to be updated on the OpenJustice Web portal at a frequency greater than once per year.
- Require the criminal justice statistics reports available on the OpenJustice Web Portal to be updated at least once per year, instead of quarterly.
- Delete specified deadlines in the bill and instead provide that DOJ shall evaluate, on an annual basis, the progress of California's transition from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System, and report its findings to the Legislature annually through 2019.
- Make other conforming changes.
EXISTING LAW:
- Requires DOJ to annually interpret and present crime statistics, required to be reported by law enforcement and other agencies and information, to the Governor.
- Requires DOJ to interpret and present statistics and information to the Legislature and to those in charge or concerned with of the apprehension, prosecution, and treatment of the criminals and delinquents.
- Allows the Attorney General to issue special reports on crime statistics.
- Requires the Racial and Identity Profiling Board (RIPA) to annually analyze and report to the Attorney General statistics collected from law enforcement agencies regarding citizen complaints.
- Requires the Attorney General to make available a sufficient number of copies of both the required annual report on crime statistics and any special reports.
- Requires DOJ to prepare and distribute to any person or agency required to submit crime statistics the cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
- Requires DOJ to periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
- Requires DOJ, beginning January 1, 2017, to issue an annual summary of incidents reported by law enforcement including:
- The shooting of a civilian by a peace officer;
- The shooting of a peace officer by a civilian;
- The use of force by a peace officer against a civilian that results in serious bodily injury or death; and
- The use of force by a civilian against a peace officer that results in serious bodily injury or death;
- Requires DOJ's annual summary of shootings of and by peace officers, and of use of force by or against peace officers, to include the number and demographics of those involved, if the civilian was armed, the type of force used, and a description of the incident, as provided.
- Requires DOJ to collect data pertaining to the juvenile justice system for criminal history and statistical purposes, including all of the following:
- The amount and the types of offenses known to the public authorities;
- The personal and social characteristics of criminals and delinquents;
- The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents;
- The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court; and
- The total number of each of the following, disaggregated by individual law enforcement agency, including whether the disposition of the complaints was sustained, not sustained, exonerated or unfounded, as defined:
- Citizen complaints received by law enforcement agencies;
- Citizen complaints alleging criminal conduct of either a felony or misdemeanor; and
- Citizen complaints alleging racial or identity profiling, as defined. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
- Requires the annual report published by DOJ to include information concerning arrests for identity theft.
- Requires DOJ to maintain a data set, updated annually, that contains the number of crimes reported, number of clearances and clearance rates in California as reported by individual law enforcement agencies for required-to-be-reported crimes. The data set shall be made available through a prominently displayed hypertext link on the Department's Internet Web site or through the Department's OpenJustice data portal.
- Requires DOJ to perform the following duties concerning the investigation and prosecution of homicide cases:
- Collect information on all persons who are the victims of, and all persons who are charged with, homicide;
- Adopt and distribute as a written form or by electronic means to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases forms that will include information to be provided to the department; and
- Compile, collate, index, and maintain an electronic file of the information regarding victims of and those charged with homicide into a report available to the public.
- Requires local law enforcement agencies to report to DOJ, in a manner prescribed by the Attorney General, any information that may be required relative to hate crimes so that the Department can report, on or before July 1 of each year, the Department's analysis to the Legislature.
AS PASSED BY THE ASSEMBLY, this bill:
- Eliminated DOJ's requirement to annually present a report on criminal justice statistics to the Governor and the Legislature, but requires that a downloadable summary of this information shall be annually prepared so that the Attorney General may send a copy to the Governor and other entities.
- Specified that the provisions of this bill shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
- Required DOJ to add prosecutorial administrative actions to its criminal justice statistics collection and summaries
- Stated that, on or before January 1, 2021, it shall be the duty of DOJ to transition all of California's crime data from summary crime reporting to incident-based crime reporting, through electronic means, in alignment with the federal National Incident-Based Reporting System.
- Required DOJ to evaluate, on an annual basis, the probability of meeting the January 1, 2021, implementation deadline and report its findings to the Legislature annually through 2019.
- Provided that local and state agencies that are unable to meet this implementation deadline and that have committed to transitioning to incident-based crime reporting shall collaborate with DOJ to develop a transition plan with a timeline for the transition.
- Stated that, commencing January 1, 2021, it shall be the duty of DOJ to accept the collection of crime data from local and state crime reporting agencies only through electronic means.
- Required, commencing January 1, 2021, local and state crime reporting agencies to submit crime data to DOJ only through electronic means.
- Stated that, on or before January 1, 2022, it shall be the duty of DOJ to ensure that the statistical systems of DOJ are electronic, allowing for criminal justice statistical data to be updated more frequently than annually on the OpenJustice Web portal.
FISCAL EFFECT: According to the Senate Appropriations Committee:
- OpenJustice web portal: Potential minor to significant costs (General Fund) to the DOJ for programming and staffing for annual reporting through its OpenJustice web portal.
- Law enforcement agency data reporting: Potentially major one-time and ongoing future cost pressure (Local Funds/General Fund/Federal Funds) to state and local law enforcement agencies potentially in excess of millions of dollars statewide to report data solely through electronic means and to transition data from summary to incident-based crime reporting. To the extent federal funds (Federal Funds) are provided as an incentive to agencies to transition to electronic incident-based reporting, a portion of future costs could be defrayed.
COMMENTS: According to the author, "AB 2524 will modernize California's collection and publication of criminal justice data. The OpenJustice Data Act builds upon Attorney General Kamala Harris' open data initiative to improve and empower the public's access to local and statewide crime statistics.
"AB 2524 will reinvent Crime in California and other annual reports published by the California DOJ as digital data sets within the Attorney General's OpenJustice Web portal. These reports provide statistical summaries including numbers of arrests, complaints against peace officers, hate crime offenses, and law enforcement officers killed or assaulted; however, the static nature of these print publications means that data often lacks context. The OpenJustice Web portal will alchemize this information with interactive, accessible visualization tools, while making raw data available for public interest researchers.
"Additionally, AB 2524 will bring the state's data collection into the 21st century by requiring local law enforcement agencies to submit all currently required statistical reports digitally. Despite the fact that electronic reporting provides for more accurate and efficient data submission, as many as 60% of local agencies still submit required data to the California DOJ on paper. The OpenJustice Data Act will direct all agencies to transition into digital reporting, which will allow for more frequent updates to statistics contained within the Web portal.
"DOJ first launched the OpenJustice initiative in 2015 as a mechanism for improving community trust in law enforcement, enhancing government accountability, and informing public policy. In early 2016 the Attorney General announced the release of OpenJustice 1.1, which enriched the Web portal's initial data sets with city, county, and state level context including population and demographic information, unemployment rates, poverty rates, and educational attainment levels. In addition to providing greater transparency, this information enables policymakers to craft informed, data-driven public policy."
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0004430
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2524
Author:(Irwin)
As Amended Ver:August 16, 2016
Majority vote
ASSEMBLY: | 78-0 | (June 2, 2016) | SENATE: | 39-0 | (August 24, 2016) |
Original Committee Reference: PUB. S.
SUMMARY: Requires the Department of Justice (DOJ) make available to the public its mandatory criminal justice statistics reports through the OpenJustice Web Portal, to be updated at least yearly, and makes conforming changes to existing provisions related to criminal statistics.
The Senate amendments:
- Delete the intent of the Legislature that on or before January 1, 2022, DOJ's statistical systems shall be electronic, and instead provide that it is the intent of the Legislature that following full implementation of incident-based crime reporting, DOJ work to transition to exclusively electronic crime data collection and evaluate the potential for criminal justice statistical data to be updated on the OpenJustice Web portal at a frequency greater than once per year.
- Require the criminal justice statistics reports available on the OpenJustice Web Portal to be updated at least once per year, instead of quarterly.
- Delete specified deadlines in the bill and instead provide that DOJ shall evaluate, on an annual basis, the progress of California's transition from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System, and report its findings to the Legislature annually through 2019.
- Make other conforming changes.
EXISTING LAW:
- Requires DOJ to annually interpret and present crime statistics, required to be reported by law enforcement and other agencies and information, to the Governor.
- Requires DOJ to interpret and present statistics and information to the Legislature and to those in charge or concerned with of the apprehension, prosecution, and treatment of the criminals and delinquents.
- Allows the Attorney General to issue special reports on crime statistics.
- Requires the Racial and Identity Profiling Board (RIPA) to annually analyze and report to the Attorney General statistics collected from law enforcement agencies regarding citizen complaints.
- Requires the Attorney General to make available a sufficient number of copies of both the required annual report on crime statistics and any special reports.
- Requires DOJ to prepare and distribute to any person or agency required to submit crime statistics the cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
- Requires DOJ to periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
- Requires DOJ, beginning January 1, 2017, to issue an annual summary of incidents reported by law enforcement including:
- The shooting of a civilian by a peace officer;
- The shooting of a peace officer by a civilian;
- The use of force by a peace officer against a civilian that results in serious bodily injury or death; and
- The use of force by a civilian against a peace officer that results in serious bodily injury or death;
- Requires DOJ's annual summary of shootings of and by peace officers, and of use of force by or against peace officers, to include the number and demographics of those involved, if the civilian was armed, the type of force used, and a description of the incident, as provided.
- Requires DOJ to collect data pertaining to the juvenile justice system for criminal history and statistical purposes, including all of the following:
- The amount and the types of offenses known to the public authorities;
- The personal and social characteristics of criminals and delinquents;
- The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents;
- The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court; and
- The total number of each of the following, disaggregated by individual law enforcement agency, including whether the disposition of the complaints was sustained, not sustained, exonerated or unfounded, as defined:
- Citizen complaints received by law enforcement agencies;
- Citizen complaints alleging criminal conduct of either a felony or misdemeanor; and
- Citizen complaints alleging racial or identity profiling, as defined. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
- Requires the annual report published by DOJ to include information concerning arrests for identity theft.
- Requires DOJ to maintain a data set, updated annually, that contains the number of crimes reported, number of clearances and clearance rates in California as reported by individual law enforcement agencies for required-to-be-reported crimes. The data set shall be made available through a prominently displayed hypertext link on the Department's Internet Web site or through the Department's OpenJustice data portal.
- Requires DOJ to perform the following duties concerning the investigation and prosecution of homicide cases:
- Collect information on all persons who are the victims of, and all persons who are charged with, homicide;
- Adopt and distribute as a written form or by electronic means to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases forms that will include information to be provided to the department; and
- Compile, collate, index, and maintain an electronic file of the information regarding victims of and those charged with homicide into a report available to the public.
- Requires local law enforcement agencies to report to DOJ, in a manner prescribed by the Attorney General, any information that may be required relative to hate crimes so that the Department can report, on or before July 1 of each year, the Department's analysis to the Legislature.
AS PASSED BY THE ASSEMBLY, this bill:
- Eliminated DOJ's requirement to annually present a report on criminal justice statistics to the Governor and the Legislature, but requires that a downloadable summary of this information shall be annually prepared so that the Attorney General may send a copy to the Governor and other entities.
- Specified that the provisions of this bill shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
- Required DOJ to add prosecutorial administrative actions to its criminal justice statistics collection and summaries
- Stated that, on or before January 1, 2021, it shall be the duty of DOJ to transition all of California's crime data from summary crime reporting to incident-based crime reporting, through electronic means, in alignment with the federal National Incident-Based Reporting System.
- Required DOJ to evaluate, on an annual basis, the probability of meeting the January 1, 2021, implementation deadline and report its findings to the Legislature annually through 2019.
- Provided that local and state agencies that are unable to meet this implementation deadline and that have committed to transitioning to incident-based crime reporting shall collaborate with DOJ to develop a transition plan with a timeline for the transition.
- Stated that, commencing January 1, 2021, it shall be the duty of DOJ to accept the collection of crime data from local and state crime reporting agencies only through electronic means.
- Required, commencing January 1, 2021, local and state crime reporting agencies to submit crime data to DOJ only through electronic means.
- Stated that, on or before January 1, 2022, it shall be the duty of DOJ to ensure that the statistical systems of DOJ are electronic, allowing for criminal justice statistical data to be updated more frequently than annually on the OpenJustice Web portal.
FISCAL EFFECT: According to the Senate Appropriations Committee:
- OpenJustice web portal: Potential minor to significant costs (General Fund) to the DOJ for programming and staffing for annual reporting through its OpenJustice web portal.
- Law enforcement agency data reporting: Potentially major one-time and ongoing future cost pressure (Local Funds/General Fund/Federal Funds) to state and local law enforcement agencies potentially in excess of millions of dollars statewide to report data solely through electronic means and to transition data from summary to incident-based crime reporting. To the extent federal funds (Federal Funds) are provided as an incentive to agencies to transition to electronic incident-based reporting, a portion of future costs could be defrayed.
COMMENTS: According to the author, "AB 2524 will modernize California's collection and publication of criminal justice data. The OpenJustice Data Act builds upon Attorney General Kamala Harris' open data initiative to improve and empower the public's access to local and statewide crime statistics.
"AB 2524 will reinvent Crime in California and other annual reports published by the California DOJ as digital data sets within the Attorney General's OpenJustice Web portal. These reports provide statistical summaries including numbers of arrests, complaints against peace officers, hate crime offenses, and law enforcement officers killed or assaulted; however, the static nature of these print publications means that data often lacks context. The OpenJustice Web portal will alchemize this information with interactive, accessible visualization tools, while making raw data available for public interest researchers.
"Additionally, AB 2524 will bring the state's data collection into the 21st century by requiring local law enforcement agencies to submit all currently required statistical reports digitally. Despite the fact that electronic reporting provides for more accurate and efficient data submission, as many as 60% of local agencies still submit required data to the California DOJ on paper. The OpenJustice Data Act will direct all agencies to transition into digital reporting, which will allow for more frequent updates to statistics contained within the Web portal.
"DOJ first launched the OpenJustice initiative in 2015 as a mechanism for improving community trust in law enforcement, enhancing government accountability, and informing public policy. In early 2016 the Attorney General announced the release of OpenJustice 1.1, which enriched the Web portal's initial data sets with city, county, and state level context including population and demographic information, unemployment rates, poverty rates, and educational attainment levels. In addition to providing greater transparency, this information enables policymakers to craft informed, data-driven public policy."
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0004430
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2524
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/28/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 78-0, 6/2/16 - See last page for vote
SOURCE: California Attorney General Kamala Harris
DIGEST: This bill requires the Department of Justice (DOJ) to make available to the public its mandatory criminal justice statistics reports through the OpenJustice Web portal, to be updated annually. This bill states the intent of the Legislature that following full implementation of incident-based crime reporting, the DOJ will work to transition to exclusively electronic crime data collection and evaluate the potential for criminal justice statistical data to be updated on the OpenJustice Web portal at a frequency greater than once per year.
Existing law:
- Requires DOJ to annually interpret and present crime statistics, required to be reported by law enforcement and other agencies and information, to the Governor. (Penal Code, §§ 13010, subd. (g), 13020.)
- Requires DOJ to interpret and present statistics and information to the Legislature and to those in charge or concerned with of the apprehension, prosecution, and treatment of the criminals and delinquents. (Penal Code, § 13012(b).)
- Allows the Attorney General to issue special reports on crime statistics. (Penal Code, § 13010, subd. (g).)
- Requires the Racial and Identity Profiling Board to annually analyze and report to the Attorney General statistics collected from law enforcement agencies regarding citizen complaints. (Penal Code, § 13012, subds.(a) and (c).)
- Requires the Attorney General to make available a sufficient number of copies of both the required annual report on crime statistics and any special reports. (Pen. Code, § 13010, subd. (g).)
- Requires DOJ to prepare and distribute to any person or agency required to submit crime statistics the cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics. (Penal Code, § 13010, subd. (b).)
- Requires DOJ to periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation. (Penal Code, § 13010, subd. (h).)
- Requires DOJ, beginning January 1, 2017, to issue an annual summary of incidents reported by law enforcement including:
- The shooting of a civilian by a peace officer;
- The shooting of a peace officer by a civilian;
- The use of force by a peace officer against a civilian that results in serious bodily injury or death; and
- The use of force by a civilian against a peace officer that results in serious bodily injury or death; (Gov. Code, § 12525.2, subds. (a) and (c).)
- Requires DOJ’s annual summary of shootings of and by peace officers, and of use of force by or against peace officers, to include the number and demographics of those involved, if the civilian was armed, the type of force used, and a description of the incident, as provided. (Gov. Code, § 12525.2, subds. (a), (b) and (c).)
- Requires DOJ to collect data pertaining to the juvenile justice system for criminal history and statistical purposes, including all of the following:
- The amount and the types of offenses known to the public authorities;
- The personal and social characteristics of criminals and delinquents;
- The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents;
- The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court; and
- The total number of each of the following, disaggregated by individual law enforcement agency, including whether the disposition of the complaints was sustained, not sustained, exonerated or unfounded, as defined:
- Citizen complaints received by law enforcement agencies;
- Citizen complaints alleging criminal conduct of either a felony or misdemeanor; and
- Citizen complaints alleging racial or identity profiling, as defined. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability. (Penal Code, §§ 832.5, 13012(a), 13519.4.)
- Requires the annual report published by DOJ to include information concerning arrests for identity theft. (Penal Code, §§ 530.5, 13010, 13012.6.)
- Requires DOJ to maintain a data set, updated annually, that contains the number of crimes reported, number of clearances and clearance rates in California as reported by individual law enforcement agencies for required-to-be-reported crimes. The data set shall be made available through a prominently displayed hypertext link on the Department’s Internet Web site or through the Department’s OpenJustice data portal. (Penal Code, §§ 13012, 13013.)
- Requires DOJ to perform the following duties concerning the investigation and prosecution of homicide cases:
- Collect information on all persons who are the victims of, and all persons who are charged with, homicide;
- Adopt and distribute as a written form or by electronic means to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases forms that will include information to be provided to the Department; and
- Compile, collate, index, and maintain an electronic file of the information regarding victims of and those charged with homicide into a report available to the public. (Penal Code, §13014.)
- Requires local law enforcement agencies to report to DOJ, in a manner prescribed by the Attorney General, any information that may be required relative to hate crimes so that the Department can report, on or before July 1 of each year, the Department’s analysis to the Legislature. (Pen. Code, §§ 422.55, 13023.)
This bill:
- Eliminates DOJ's requirement to annually present a report on criminal justice statistics to the Governor and the Legislature, but requires that a downloadable summary of this information shall be annually prepared so that the Attorney General may send a copy to the Governor and other entities.
- Specifies that the provisions of this bill shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
- Requires DOJ to add prosecutorial administrative actions to its criminal justice statistics collection and summaries.
- States that the intent of the Legislature, following the full implementation of incident-based crime reporting, is for DOJ to transition to exclusively electronic crime data collection and to evaluate the potential for criminal justice statistical data to be updated on the OpenJustice Web portal more than once per year.
- Requires DOJ to evaluate and report, on an annual basis, the progress of California’s transition from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System, and report its findings to the Legislature annually through 2019.
- Provides that local and state agencies that are unable to meet this implementation deadline and that have committed to transitioning to incident-based crime reporting shall collaborate with DOJ to develop a transition plan with a timeline for the transition.
- Provides that local and state agencies that are unable to meet this implementation deadline and that have committed to transitioning to incident-based crime reporting shall collaborate with DOJ to develop a transition plan with a timeline for the transition.
- States that, commencing January 1, 2021, it shall be the duty of DOJ to accept the collection of crime data from local and state crime reporting agencies only through electronic means.
- Requires, commencing January 1, 2021, local and state crime reporting agencies to submit crime data to DOJ only through electronic means.
- States that, on or before January 1, 2022, it shall be the duty of DOJ to ensure that the statistical systems of DOJ are electronic, allowing for criminal justice statistical data to be updated more frequently than annually on the OpenJustice Web portal.
Background
Various provisions of the Government and Penal Codes require DOJ to collect, analyze, and report on criminal justice statistics. Each individual law enforcement agency must report criminal justice statistics to DOJ so that the agency can both aggregate the data to present a statewide overview and to present data on each individual law enforcement agency. Currently, the agency’s statistics may be submitted by paper forms and cards. The statistics which agencies are required to report include: officer involved incidents with the demographics of the individuals involved and a description of the incident, case clearance rates, juvenile delinquency, the disposition of civilian complaints, the demographics of victims and individuals charged in homicides, the incidents and demographics targeted by hate crimes, the incidents and demographics of “stop and frisk” detentions, the incidents and demographics of potential profiling incidents, and other data leading to the apprehension, prosecution, and treatment of the criminals and delinquents.
Separate provisions require DOJ to prepare a summary of these criminal justice statistics every year in reports, mainly the Crime in California report, to the Governor and the Legislature, and otherwise make the data and reports available to the public. This bill requires DOJ to post the raw statistics and their summaries annually on the OpenJustice Web portal annually, which is easily accessible by the Governor, the Legislature and the public.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local: No
According to the Senate Appropriations Committee:
- OpenJustice Web portal: Potential minor to significant costs (General Fund) to the DOJ for programming and staffing for annual reporting through its OpenJustice Web portal.
- Law enforcement agency data reporting: Potentially major one-time and ongoing future cost pressure (Local Funds/General Fund/Federal Funds) to state and local law enforcement agencies potentially in excess of millions of dollars statewide to report data solely through electronic means and to transition data from summary to incident-based crime reporting. To the extent federal funds (Federal Funds) are provided as an incentive to agencies to transition to electronic incident-based reporting, a portion of future costs could be defrayed.
California Attorney General Kamala Harris (source)
Anti-Defamation League
Socrata
OPPOSITION: (Verified 8/12/16)
None received
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Bigelow, Gallagher
Prepared by: Molly Lao / PUB. S. /
8/16/16 17:33:36
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2524 (Irwin) - OpenJustice Data Act of 2016
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill Summary:
AB 2524 would require the Department of Justice (DOJ) to make available to the public its mandatory criminal justice statistics reports through the OpenJustice web portal, to be updated annually. This bill would state the intent of the Legislature that following full implementation of incident-based crime reporting, the DOJ will work to transition to exclusively electronic crime data collection and evaluate the potential for criminal justice statistical data to be updated on the OpenJustice web portal at a frequency greater than once per year.
Fiscal Impact:
- OpenJustice web portal: Potential minor to significant costs (General Fund) to the DOJ for programming and staffing for annual reporting through its OpenJustice web portal.
- Law enforcement agency data reporting: Potentially major one-time and ongoing future cost pressure (Local Funds/General Fund/Federal Funds) to state and local law enforcement agencies potentially in excess of millions of dollars statewide to report data solely through electronic means and to transition data from summary to incident-based crime reporting. To the extent federal funds (Federal Funds) are provided as an incentive to agencies to transition to electronic incident-based reporting, a portion of future costs could be defrayed.
Committee Amendments:
- Reduce the DOJ frequency of updated reporting on its OpenJustice web portal from quarterly to annually.
- Remove the mandate on law enforcement agencies to submit data electronically.
- Remove the duty of the DOJ to “use the latest advances in data science” to interpret statistical data.
- State legislative intent that following full implementation of incident-based crime reporting, the DOJ will work to transition to exclusively electronic crime data collection and evaluate the potential for criminal justice statistical data to be updated on the OpenJustice web portal at a frequency greater than once per year.
- Make other technical and conforming changes.
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SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2524 (Irwin) - OpenJustice Data Act of 2016
Version: May 31, 2016 | Policy Vote: PUB. S. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 1, 2016 | Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2524 would require the Department of Justice (DOJ) to make available to the public its mandatory criminal justice statistics reports through the OpenJustice web portal, to be updated quarterly. This bill would require the DOJ to, on or before January 1, 2021, transition all of California’s crime data from summary crime reporting to incident-based crime reporting, through electronic means, as specified. This bill would additionally require state and local crime reporting agencies, commencing January 1, 2021, to submit crime data to the DOJ only through electronic means.
Fiscal Impact:
- OpenJustice web portal: Potentially significant one-time and near-term costs in the hundreds of thousands of dollars (General Fund) to the DOJ for programming and staffing to transition to quarterly reporting. Potential future administrative cost savings as a portion of the workload formerly required to collect, summarize, and report statewide data will instead shift from the DOJ to state and local crime reporting agencies. However, if the transition to incident-based crime reporting by local agencies is permissive, which is unclear, the DOJ would incur significant ongoing costs for data entry and processing to comply with the bill’s mandate to transition all of California’s crime data to incident-based crime reporting. Further, it is unclear whether the mandate to transition all crime data has a retroactive effect, requiring a transition of all summary crime reporting data collected to date to be transitioned to incident-based crime reporting, which would incur substantial workload.
- Data analytics tools: Unknown; potentially significant one-time and ongoing future costs (General Fund) to meet the mandate for DOJ to “use the latest advances in data science” to interpret statistical data. This provision could potentially require continual upgrades to software/hardware as well as necessitate staff training, without any assurances that the “latest advances” are necessarily proven, necessary, or cost-effective.
- Local agency data reporting: Potentially major one-time and ongoing costs to local law enforcement agencies potentially in excess of millions of dollars statewide to report data solely through electronic means and to transition data from summary to incident-based crime reporting. Additional costs for computer systems, training, and data management on the process could be required for some agencies. There are 482 cities and 58 counties in California. To the extent local agency expenditures qualify as a reimbursable state mandate, agencies could claim reimbursement of those costs (General Fund). While costs could vary widely, for context, the Commission on State Mandates’ statewide cost estimate for Crime Statistics Reports for the DOJ reflects eligible reimbursement of over $13.6 million per year for slightly over 50 percent of local agencies reporting. This mandate has been suspended in the annual Budget Act, however, by creating a blanket mandate to report all crime data electronically, this bill not only adds to existing mandates that have been suspended, but also adds to newly enacted mandates that have yet to be subject to claim reimbursement. It is also unclear whether the transition to incident-based crime reporting by agencies is mandated or permissive. To the extent federal funds (Federal Funds) are provided as an incentive to local agencies, a portion of the costs could be defrayed. Staff notes, however, that participation in NIBRS is voluntary by crime reporting agencies.
- California Highway Patrol (CHP): One-time costs of $1.5 million (Special Fund*) to support additional limited-term staffing to transition to the new electronic data reporting process.
- Department of Corrections and Rehabilitation (CDCR): One-time and ongoing costs of $100,000 (General Fund) to transition to and maintain the fully electronic system of reporting for all 35 institutions.
*Motor Vehicle Account
Background:
Existing law requires the DOJ to collect certain criminal justice data from specified persons and agencies, and to present an annual report to the Governor (Penal Code § 13010.)
Under recently enacted legislation (AB 71(Rodriguez) Chapter 462/2015), each state and local agency that employs peace officers is required to annually report to the Attorney General, commencing January 1, 2017, on specified instances when a peace officer employed by that agency is involved in a shooting of a civilian or peace officer, or use of force incident.
Additionally, AB 953 (Weber) Chapter 466/2015, the Racial and Identity Profiling Act of 2015, requires law enforcement agencies to report, under a phased-in schedule based on the size of the agency, to DOJ data on all stops, as defined, conducted by the agency’s peace officers, and require that data to include specified information, including the time, date, and location of the stop, and the reason for the stop.
The legislative findings and declarations of this measure, in part, state as follows:
In 2015, the Attorney General announced the launch of OpenJustice, a criminal justice Web portal that features both an interactive dashboard that provides data visualization with accompanying analysis and an open data portal that publishes raw data. Reinventing the department’s crime reports as an Internet Web site within the OpenJustice Web portal will enable the public to receive dynamic, customized information that will significantly strengthen trust, enhance government accountability, and support real-time public policy decision making.
Despite the many advantages of electronic data collection, only approximately 40 percent of local law enforcement agencies currently submit required data sets through electronic means, impeding the ability of the state to implement a uniform reporting structure through which information is made available to the public more frequently and more effectively. There are significant public benefits in modernizing how public agencies engage with data and in encouraging the adoption of contemporary electronic technologies to reduce the inefficiencies and environmental impacts of paper recordkeeping.
Proposed Law:
This bill would enact the OpenJustice Data Act of 2016, and would require the DOJ to make available to the public its mandatory criminal justice statistics through the OpenJustice web portal, to be updated at least quarterly. This bill:
- Eliminates DOJ's requirement to annually present a report on criminal justice statistics to the Governor and the Legislature, but requires that a downloadable summary of this information to be annually prepared so that the Attorney General may send a copy to the Governor and other public officials.
- Specifies that the provisions of this bill shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
- Requires DOJ to add prosecutorial administrative actions to its criminal justice statistics collection and summaries.
- States that, on or before January 1, 2021, it shall be the duty of DOJ to transition all of California's crime data from summary crime reporting to incident-based crime reporting, through electronic means, in alignment with the federal National Incident-Based Reporting System.
- Requires DOJ to evaluate, on an annual basis, the probability of meeting the January 1, 2021, implementation deadline and report its findings to the Legislature annually through 2019.
- Provides that local and state agencies that are unable to meet this implementation deadline and that have committed to transitioning to incident-based crime reporting shall collaborate with DOJ to develop a transition plan with a timeline for the transition.
- States that, commencing January 1, 2021, it shall be the duty of DOJ to accept the collection of crime data from local and state crime reporting agencies only through electronic means.
- Requires, commencing January 1, 2021, local and state crime reporting agencies to submit crime data to DOJ only through electronic means.
- States that, on or before January 1, 2022, it shall be the duty of DOJ to ensure that the statistical systems of DOJ are electronic, allowing for criminal justice statistical data to be updated more frequently than annually on the OpenJustice web portal.
- Requires statistical data collected pertaining to the juvenile justice system to be made available to the public through the OpenJustice web portal.
- States that it is the duty of the DOJ to “use the latest advances in data science” to give adequate interpretation of the statistics and so to present the information that it may be of value in guiding the policies of the Legislature and others.
- Increases the frequency of reporting of hate crimes from annually in report format to the Legislature to quarterly through the OpenJustice web portal, including a downloadable summary provided annually to the Legislature.
Related Legislation:
AB 71 (Rodriguez) Chapter 462/2015 requires each law enforcement agency to annually furnish to the DOJ, in a manner defined and prescribed by the Attorney General, a report of specified instances when a peace officer employed by that agency is involved in a shooting of a civilian by a peace officer or a shooting of a peace officer by a civilian, or a use of force incident.
AB 953 (Weber) Chapter 466/2015, the Racial and Identity Profiling Act of 2015, requires each law enforcement agency to annually furnish to the DOJ, data on all stops, as defined, conducted by the agency’s peace officers, and require that data to include specified information, including the time, date, and location of the stop, and the reason for the stop. AB 953 additionally establishes the Racial and Identity Profiling Act Advisory Board, to eliminate racial and identity profiling and improve diversity and racial and identity sensitivity in law enforcement.
Staff Comments:
The DOJ could potentially incur one-time and near-term significant costs for programming and staffing to transition from annual to quarterly reporting. To the extent the submission of crime data electronically by state and local agencies serves to alleviate in part the workload currently imposed on the DOJ for data submitted by paper forms/cards, future administrative cost savings could result.
This bill requires each state and local crime reporting agency to submit its crime data to the DOJ only through electronic means commencing January 1, 2021. To the extent this requirement is determined to create a higher level of service on local agencies, local agencies could claim reimbursement from the state for the increased costs. There are currently 482 cities and 58 counties in the State. While statewide costs cannot be estimated with certainty, given the large number of local agencies and the numerous types of data required to be reported and retained electronically, these activities could result in major one-time and ongoing costs, potentially in the millions of dollars annually.
The costs to individual agencies would vary widely and depend on various factors, including but not limited to the size of the agency, the volume of data to be reported electronically by the agency, the current method of reporting the data (whether currently electronic or paper), the workload involved to transition to electronic reporting of the data, the extent of training conducted by each agency, and the electronic storage requirements for each agency. For example, while the workload involved for an agency that already has an electronic data collection and reporting process in place may only require revisions to its existing process and minor training to its officers on the changes, the workload required for an agency that submits data via paper forms would not only potentially incur the costs of development of a new electronic system to collect and report the information, the costs of which would be dependent on how the agency decides to collect the data (whether manually or electronically), but would also incur substantial costs to test the system and train its officers. Whether through manual or electronic collection, agencies at a minimum would likely require the development of a central database and other system enhancements to aggregate the data, report to the DOJ, and retain the information.
Additionally, this bill states it is the duty of the DOJ to transition all of California’s crime data from summary crime reporting to incident-based crime reporting through electronic means on or before January 1, 2021, and provides that agencies that are unable to meet this timeline and have committed to transition to incident-based crime reporting shall collaborate with the DOJ to develop a transition plan. It is unclear whether the transition to incident-based crime reporting is required or permissive on the part of state and local crime reporting agencies, although the mandate to fully transition to incident-based crime reporting on the part of the DOJ is clear. To the extent state and local agencies are required to transition to incident-based crime reporting, the additional workload to local agencies would potentially be subject to reimbursement by the state. Alternatively, if permissive to local agencies, the additional workload would be non-reimbursable for those local agencies that elect to transition to incident-based crime reporting, or the workload would fall to the DOJ for state and local agencies that elect not to transition to incident-based crime reporting.
According to the Federal Bureau of Investigations (FBI) fact sheet on the National Incident-Based Reporting System (NIBRS), which is voluntary, incident-based versus summary uniform crime reporting (UCR) differs in that incident-based reporting has much more detailed, accurate, and meaningful information in the system than the traditional summary reporting system. For example, the summary system does not differentiate between attempted and completed offenses, whereas the incident-based system does. Additionally, in the case of multiple offenses committed, under the summary reporting system only the most serious offense is reported, whereas all of the offenses are reported within the same incident under the incident-based reporting system. Based on 2013 data submissions, the FBI had certified 33 states to report data via NIBRS.
Although participation in an incident-based crime reporting system should not place a significant new burden on officers preparing incident and arrest reports, because the data to be extracted from the reports are more detailed than under the summary reporting system, significant increased data entry and data processing burdens are involved. As noted in the FBI information on NIBRS, “Therefore, agencies wishing to participate should have sufficient data processing and other resources to fulfill all of the reporting requirements …”
Recommended Amendments: To the extent the mandate to transition all of California’s crime data from summary crime reporting to incident-based crime reporting is intended to impact crime data reported on a prospective basis only, the author may wish to consider an amendment to clarify this intent.
To reduce costs, the author may wish to consider amendments to remove the mandate on the DOJ to “use the latest advances in data science” to interpret statistical data,” as well as clarify that the transition to incident-based crime reporting on the part of state and local crime reporting agencies is voluntary.
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SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 2524 Hearing Date: June 28, 2016
Author: | Irwin | ||
Version: | May 31, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | ML | ||
Subject: OpenJustice Data Act of 2016
HISTORY
Source: California Attorney General Kamala Harris
Prior Legislation: SB 1075 (Runner), pending in Assembly Public Safety
SB 1654 (Santiago), pending in Assembly Appropriations Committee
AB 953 (Weber), Chapter 466, Statutes of 2015
AB 71 (Rodriguez), Chapter 462, Statutes of 2015
Support: Anti-Defamation League; Socrata
Opposition: None Known
Assembly Floor Vote: 78 - 0
PURPOSE
The purpose of this bill is to require the Department of Justice (DOJ) to make available to the public its mandatory criminal justice statistics reports through the OpenJustice Web Portal, which is to be updated at least quarterly. This bill also makes conforming changes to existing provisions related to criminal statistics.
Existing law requires DOJ to annually interpret and present crime statistics, required to be reported by law enforcement and other agencies and information, to the Governor. (Penal Code, §§ 13010, subd. (g), 13020.)
Existing law requires DOJ to interpret and present statistics and information to the Legislature and to those in charge or concerned with of the apprehension, prosecution, and treatment of the criminals and delinquents. (Penal Code, § 13012(b).)
Existing law allows the Attorney General to issue special reports on crime statistics. (Penal Code, § 13010, subd. (g).)
Existing law requires the Racial and Identity Profiling Board (RIPA) to annually analyze and report to the Attorney General statistics collected from law enforcement agencies regarding citizen complaints. (Penal Code, § 13012, subds.(a) and (c).)
Existing law requires the Attorney General to make available a sufficient number of copies of both the required annual report on crime statistics and any special reports. (Pen. Code, § 13010, subd. (g).)
Existing law requires DOJ to prepare and distribute to any person or agency required to submit crime statistics the cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics. (Penal Code, § 13010, subd. (b).)
Existing law requires DOJ to periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation. (Pen. Code, § 13010, subd. (h).)
Existing law requires DOJ, beginning January 1, 2017, to issue an annual summary of incidents reported by law enforcement including:
- The shooting of a civilian by a peace officer;
- The shooting of a peace officer by a civilian;
- The use of force by a peace officer against a civilian that results in serious bodily injury or death; and
- The use of force by a civilian against a peace officer that results in serious bodily injury or death; (Gov. Code, § 12525.2, subds. (a) and (c).)
Existing law requires DOJ’s annual summary of shootings of and by peace officers, and of use of force by or against peace officers, to include the number and demographics of those involved, if the civilian was armed, the type of force used, and a description of the incident, as provided. (Gov. Code, § 12525.2, subds. (a), (b) and (c).)
Existing law requires DOJ to collect data pertaining to the juvenile justice system for criminal history and statistical purposes, including all of the following:
- The amount and the types of offenses known to the public authorities;
- The personal and social characteristics of criminals and delinquents;
- The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents;
- The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court; and
- The total number of each of the following, disaggregated by individual law enforcement agency, including whether the disposition of the complaints was sustained, not sustained, exonerated or unfounded, as defined:
- Citizen complaints received by law enforcement agencies;
- Citizen complaints alleging criminal conduct of either a felony or misdemeanor; and
- Citizen complaints alleging racial or identity profiling, as defined. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability. (Pen. Code, §§ 832.5, 13012(a), 13519.4.)
Existing law requires the annual report published by DOJ to include information concerning arrests for identity theft. (Penal Code, §§ 530.5, 13010, 13012.6.)
Existing law requires DOJ to maintain a data set, updated annually, that contains the number of crimes reported, number of clearances and clearance rates in California as reported by individual law enforcement agencies for required-to-be-reported crimes. The data set shall be made available through a prominently displayed hypertext link on the Department’s Internet Web site or through the Department’s OpenJustice data portal. (Penal Code, §§ 13012, 13013.)
Existing law requires DOJ to perform the following duties concerning the investigation and prosecution of homicide cases:
- Collect information on all persons who are the victims of, and all persons who are charged with, homicide;
- Adopt and distribute as a written form or by electronic means to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases forms that will include information to be provided to the department; and
- Compile, collate, index, and maintain an electronic file of the information regarding victims of and those charged with homicide into a report available to the public. (Penal Code, §13014.)
Existing law requires local law enforcement agencies to report to DOJ, in a manner prescribed by the Attorney General, any information that may be required relative to hate crimes so that the Department can report, on or before July 1 of each year, the Department’s analysis to the Legislature. (Pen. Code, §§ 422.55, 13023.)
This bill eliminates DOJ's requirement to annually present a report on criminal justice statistics to the Governor and the Legislature, but requires that a downloadable summary of this information shall be annually prepared so that the Attorney General may send a copy to the Governor and other entities.
This bill specifies that the provisions of this bill shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
This bill requires DOJ to add prosecutorial administrative actions to its criminal justice statistics collection and summaries.
This bill states that, on or before January 1, 2021, it shall be the duty of DOJ to transition all of California's crime data from summary crime reporting to incident-based crime reporting, through electronic means, in alignment with the federal National Incident-Based Reporting System.
This bill requires DOJ to evaluate, on an annual basis, the probability of meeting the January 1, 2021, implementation deadline and report its findings to the Legislature annually through 2019.
This bill provides that local and state agencies that are unable to meet this implementation deadline and that have committed to transitioning to incident-based crime reporting shall collaborate with DOJ to develop a transition plan with a timeline for the transition.
This bill provides that local and state agencies that are unable to meet this implementation deadline and that have committed to transitioning to incident-based crime reporting shall collaborate with DOJ to develop a transition plan with a timeline for the transition.
This bill states that, commencing January 1, 2021, it shall be the duty of DOJ to accept the collection of crime data from local and state crime reporting agencies only through electronic means.
This bill requires, commencing January 1, 2021, local and state crime reporting agencies to submit crime data to DOJ only through electronic means.
This bill states that, on or before January 1, 2022, it shall be the duty of DOJ to ensure that the statistical systems of DOJ are electronic, allowing for criminal justice statistical data to be updated more frequently than annually on the OpenJustice Web portal.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
- 143% of design bed capacity by June 30, 2014;
- 141.5% of design bed capacity by February 28, 2015; and,
- 137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
- Whether a proposal erodes a measure which has contributed to reducing the prison population;
- Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
- Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
- Whether a proposal corrects a constitutional problem or legislative drafting error; and
- Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for Legislation
According to the author:
AB 2524 modernizes the state’s publication of criminal justice data by replacing references to DOJ’s “annual report” in code with a directive to release all public crime statistics into the OpenJustice Web portal. This change would significantly democratize access to data collected by the state, replacing static print publications – relics of the pre-internet age – with dynamic tools for Californians to perform their own analysis of statistics significant to them. Whereas DOJ’s current crime reports often lack important context, such as demographic information or yearly trends, information viewed through OpenJustice will provide a complete picture of criminal justice for the public. AB 2524 also requires the DOJ to update data on the website quarterly with new data that is currently provided monthly from local law enforcement agencies. The bill clarifies that these changes do not require law enforcement agencies to report more frequently than currently required.
AB 2524 would also modernize the way DOJ receives information from local agencies. Currently, despite significant advances in digital technologies, as much as 60% of local law enforcement agencies provide their statistics to DOJ on paper cards, which must be then re-entered by DOJ’s Criminal Justice Statistics Center. This bill would direct local law enforcement to transition into providing their criminal justice information electronically by January 1, 2021, bringing this process into the 21st century and ensuring that information compiled for public access is accurate, economical, and timely. In 2021, the Federal Government will implement the National Incident-Based Reporting System or NIBRS in place of the current E-CARS system. AB 2524 aligns the electronic submission requirement to match with the rollout of NIBRS.
2. Background
Various provisions of the Government and Penal Codes require DOJ to collect, analyze, and report on criminal justice statistics. Each individual law enforcement agency must report criminal justice statistics to DOJ so that the agency can both aggregate the data to present a statewide overview and to present data on each individual law enforcement agency. Currently, the agency’s statistics may be submitted by paper forms and cards. The statistics which agencies are required to report include: officer involved incidents with the demographics of the individuals involved and a description of the incident, case clearance rates, juvenile delinquency, the disposition of civilian complaints, the demographics of victims and individuals charged in homicides, the incidents and demographics targeted by hate crimes, the incidents and demographics of “stop and frisk” detentions, the incidents and demographics of potential profiling incidents, and other data leading to the apprehension, prosecution, and treatment of the criminals and delinquents.
Separate provisions require DOJ to prepare a summary of these criminal justice statistics every year in reports, mainly the Crime in California report, to the Governor and the Legislature, and otherwise make the data and reports available to the public. This bill requires law enforcement agencies to submit their statistics by electronic means only, and require DOJ to post the raw statistics and their summaries quarterly –rather than annually– on the OpenJustice Web Portal, which is easily accessible by the Governor, the Legislature and the public.
3. Statement of Support
California Attorney General Kamala Harris stated, in part:
The OpenJustice Data Act would revolutionize the public’s access to information about the criminal justice system by reinventing the Attorney General’s traditional printed reports as datasets within the OpenJustice Data portal. The bill will enable Californians to review the statistical information most important to them in context, using dynamic, interactive tools, rather than rely on preselected, prepackaged summaries. AB 2524 will truly democratize public safety data, significantly strengthening trust in law enforcement.
AB 2524 will also modernize the way the state collects this information from locals. Despite the continuing development of digital technologies, as many as 60% of local agencies still report their criminal justice statistics to DOJ on paper; this bill will direct those agencies to submit electronically. By transitioning to an entirely digital reporting process, statewide data collection will be more efficient, accurate, and considerate of the environment.
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ASSEMBLY THIRD READING
ATR Bill Id:
Author:(Irwin)
As Amended Ver:May 31, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Melendez, Lackey, Lopez, Low, Quirk, Santiago | |
Appropriations | 16-1 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Chang, Daly, Eggman, Eduardo Garcia, Roger Hernández, Holden, Obernolte, Quirk, Santiago, Weber, Wood | Bigelow |
SUMMARY: Requires the Department of Justice (DOJ) make available to the public its mandatory criminal justice statistics reports through the OpenJustice Web Portal, to be updated at least quarterly, and makes conforming changes to existing provisions related to criminal statistics. Specifically, this bill:
- Eliminates DOJ's requirement to annually present a report on criminal justice statistics to the Governor and the Legislature, but requires that a downloadable summary of this information shall be annually prepared so that the Attorney General may send a copy to the Governor and other entities..
- Specifies that the provisions of this bill shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
- Requires DOJ to add prosecutorial administrative actions to its criminal justice statistics collection and summaries
- States that, on or before January 1, 2021, it shall be the duty of DOJ to transition all of California's crime data from summary crime reporting to incident-based crime reporting, through electronic means, in alignment with the federal National Incident-Based Reporting System.
- Requires DOJ to evaluate, on an annual basis, the probability of meeting the January 1, 2021, implementation deadline and report its findings to the Legislature annually through 2019.
- Provides that local and state agencies that are unable to meet this implementation deadline and that have committed to transitioning to incident-based crime reporting shall collaborate with DOJ to develop a transition plan with a timeline for the transition.
- States that, commencing January 1, 2021, it shall be the duty of DOJ to accept the collection of crime data from local and state crime reporting agencies only through electronic means.
- Requires, commencing January 1, 2021, local and state crime reporting agencies to submit crime data to DOJ only through electronic means.
- States that, on or before January 1, 2022, it shall be the duty of DOJ to ensure that the statistical systems of DOJ are electronic, allowing for criminal justice statistical data to be updated more frequently than annually on the OpenJustice Web portal.
EXISTING LAW:
- Requires DOJ to annually interpret and present crime statistics, required to be reported by law enforcement and other agencies and information, to the Governor.
- Requires DOJ to interpret and present statistics and information to the Legislature and to those in charge or concerned with of the apprehension, prosecution, and treatment of the criminals and delinquents.
- Allows the Attorney General to issue special reports on crime statistics.
- Requires the Racial and Identity Profiling Board (RIPA) to annually analyze and report to the Attorney General statistics collected from law enforcement agencies regarding citizen complaints.
- Requires the Attorney General to make available a sufficient number of copies of both the required annual report on crime statistics and any special reports.
- Requires DOJ to prepare and distribute to any person or agency required to submit crime statistics the cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
- Requires DOJ to periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
- Requires DOJ, beginning January 1, 2017, to issue an annual summary of incidents reported by law enforcement including:
- The shooting of a civilian by a peace officer;
- The shooting of a peace officer by a civilian;
- The use of force by a peace officer against a civilian that results in serious bodily injury or death; and
- The use of force by a civilian against a peace officer that results in serious bodily injury or death;
- Requires DOJ's annual summary of shootings of and by peace officers, and of use of force by or against peace officers, to include the number and demographics of those involved, if the civilian was armed, the type of force used, and a description of the incident, as provided.
- Requires DOJ to collect data pertaining to the juvenile justice system for criminal history and statistical purposes, including all of the following:
- The amount and the types of offenses known to the public authorities;
- The personal and social characteristics of criminals and delinquents;
- The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents;
- The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court; and
- The total number of each of the following, disaggregated by individual law enforcement agency, including whether the disposition of the complaints was sustained, not sustained, exonerated or unfounded, as defined:
- Citizen complaints received by law enforcement agencies;
- Citizen complaints alleging criminal conduct of either a felony or misdemeanor; and
- Citizen complaints alleging racial or identity profiling, as defined. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
- Requires the annual report published by DOJ to include information concerning arrests for identity theft.
- Requires DOJ to maintain a data set, updated annually, that contains the number of crimes reported, number of clearances and clearance rates in California as reported by individual law enforcement agencies for required-to-be-reported crimes. The data set shall be made available through a prominently displayed hypertext link on the Department's Internet Web site or through the Department's OpenJustice data portal.
- Requires DOJ to perform the following duties concerning the investigation and prosecution of homicide cases:
- Collect information on all persons who are the victims of, and all persons who are charged with, homicide;
- Adopt and distribute as a written form or by electronic means to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases forms that will include information to be provided to the department; and
- Compile, collate, index, and maintain an electronic file of the information regarding victims of and those charged with homicide into a report available to the public.
- Requires local law enforcement agencies to report to DOJ, in a manner prescribed by the Attorney General, any information that may be required relative to hate crimes so that the Department can report, on or before July 1 of each year, the Department's analysis to the Legislature.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Unknown reimbursable state mandate costs, by: a) requiring local agencies to submit only by electronic means, and b) transitioning to digital submission of all data to DOJ by January 1, 2018. DOJ reports that 40% of all law enforcement agencies currently submit required data through electronic means. The state may have to reimburse these agencies for any costs they incur to meet this requirement, as the option of submitting data through cards or forms is removed. However, the cost to the other 60% will be reimbursable. If the largest 15 counties submit annual mandate claims in excess of $10,000, the cost to the state will exceed $150,000; however, there are over 400 local law enforcement agencies in California.
- DOJ costs could be in the tens of thousands of dollars to reconcile data four times per year to prepare quarterly reports. Some of these costs are offset by savings realized by transferring data entry costs to local law enforcement agencies.
COMMENTS: According to the author, "AB 2524 will modernize California's collection and publication of criminal justice data. The OpenJustice Data Act builds upon Attorney General Kamala Harris' open data initiative to improve and empower the public's access to local and statewide crime statistics.
"AB 2524 will reinvent Crime in California and other annual reports published by the California DOJ as digital data sets within the Attorney General's OpenJustice Web portal. These reports provide statistical summaries including numbers of arrests, complaints against peace officers, hate crime offenses, and law enforcement officers killed or assaulted; however, the static nature of these print publications means that data often lacks context. The OpenJustice Web portal will alchemize this information with interactive, accessible visualization tools, while making raw data available for public interest researchers.
"Additionally, AB 2524 will bring the state's data collection into the 21st century by requiring local law enforcement agencies to submit all currently required statistical reports digitally. Despite the fact that electronic reporting provides for more accurate and efficient data submission, as many as 60% of local agencies still submit required data to the California DOJ on paper. The OpenJustice Data Act will direct all agencies to transition into digital reporting, which will allow for more frequent updates to statistics contained within the Web portal.
"DOJ first launched the OpenJustice initiative in 2015 as a mechanism for improving community trust in law enforcement, enhancing government accountability, and informing public policy. In early 2016 the Attorney General announced the release of OpenJustice 1.1, which enriched the Web portal's initial data sets with city, county, and state level context including population and demographic information, unemployment rates, poverty rates, and educational attainment levels. In addition to providing greater transparency, this information enables policymakers to craft informed, data-driven public policy."
Analysis Prepared by: Matt Dean/ PUB. S. / (916) 319-3744 FN: 0003168
Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2524
Author:(Irwin) – As Amended Ver:March 14, 2016
Policy Committee: | Public Safety | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires the Department of Justice (DOJ) to issue its mandatory criminal justice statistics reports quarterly through the OpenJustice Web Portal, and transition to digital collection of all data by January 1, 2018. Specifically, this bill:
- Requires DOJ to post, on the OpenJustice Web Portal, quarterly criminal justice statistics relating to officer involved incidents, with the demographics of the individuals involved and a description of the incident; case clearance rates; juvenile delinquency; the disposition of civilian complaints; the demographics of victims and individuals charged in homicides; the incidents and demographics targeted by hate crimes; the incidents and demographics of “stop and frisk” detentions; the incidents and demographics of potential profiling incidents; administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies; and other data leading to the apprehension, prosecution, and treatment of the criminals and delinquents.
- Requires DOJ to transition to digital data collection of all data by January 1, 2018.
- Eliminates the option of law enforcement agencies to use paper cards or forms by and limits submission by electronic means for statistical/demographic data required by DOJ regarding shooting of or by a police officer, or the use of force against or by a police officer.
- Requires DOJ to add prosecutorial administrative actions to its criminal justice statistics collection and summaries.
FISCAL EFFECT:
- Unknown reimbursable state mandate costs, by: 1) requiring local agencies to submit only by electronic means, and 2) transitioning to digital submission of all data to DOJ by January 1, 2018. DOJ reports that 40 percent of all law enforcement agencies currently submit required data through electronic means. The state may have to reimburse these agencies for any costs they incur to meet this requirement, as the option of submitting data through cards or forms is removed. However, the cost to the other 60 percent will be reimbursable. If the largest 15 counties submit annual mandate claims in excess of $10,000, the cost to the state will exceed $150,000; however, there are over 400 local law enforcement agencies in California.
- DOJ costs could be in the tens of thousands of dollars to reconcile data four times per year to prepare quarterly reports. Some of these costs are offset by savings realized by transferring data entry costs to local law enforcement agencies.
COMMENTS:
- Purpose. According to the author, “AB 2524 will bring the state’s data collection into the 21st century by requiring local law enforcement agencies to submit all currently required statistical reports digitally. Despite the fact that electronic reporting provides for more accurate and efficient data submission, as many as 60% of local agencies still submit required data to the California DOJ on paper. The OpenJustice Data Act will direct all agencies to transition into digital reporting, which will allow for more frequent updates to statistics contained within the Web portal.”
- Background. Current law requires DOJ to maintain a data set, updated annually, that contains the number of crimes reported, number of clearances and clearance rates in California as reported by individual law enforcement agencies for required-to-be-reported crimes. The data set shall be made available through a prominently displayed hypertext link on the Department’s Internet Web site or through the Department’s OpenJustice data portal.
DOJ is required to annually interpret and present crime statistics as required to be reported by law enforcement and other agencies and information, to the Governor, Legislature, and those in charge or concerned with of the apprehension, prosecution, and treatment of the criminals and delinquents.
- Comments. Various provisions of the Government and Penal Codes require DOJ to collect, analyze, and report on criminal justice statistics. Each individual law enforcement agency must report criminal justice statistics to DOJ so DOJ can both aggregate the data to present a statewide overview and to present data on each individual law enforcement agency.
On September 30, 2010, the Commission of State Mandates (CSM) adopted Parameters and Guidelines (mandate reimbursement rules) for various statutes that impose “Crime Statistics Report for the Department of Justice.” CSM determined that the requirements that local law enforcement agencies provide various criminal statistics to DOJ is a reimbursable state mandate. However, the mandate is suspended annually through the Budget Act; by not funding the mandate in the Budget, the requirement is suspended on an annual basis. Therefore, AB 2524 “builds” on a requirement (to provide statistical data) that is suspended every year by not funding it.
- Support. According to Attorney General Kamala Harris, “The bill will enable Californians to review the statistical information most important to them in context, using dynamic, interactive tools, rather than rely on preselected, prepackaged summaries. AB 2524 will truly democratize public safety data, significantly strengthening trust in law enforcement.
- Opposition: According to the California State Sheriff’s Association, “While we appreciate your desire to increase efficiency and the use of technology, we are concerned that this bill represents a significant unfunded mandate on law enforcement agencies. It has been reported that at least 60% of agencies do not report electronically and enacting this bill will create massive cost pressures to acquire technology, secure storage space, and train staff on the new requirements imposed by this bill.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: March 29, 2016
Consultant: Matt Dean
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 2524
Author:(Irwin) – As Amended Ver:
SUMMARY:
Requires the Department of Justice (DOJ) to issue its mandatory criminal justice statistics reports quarterly through the OpenJustice Web Portal. Specifically, this bill:
- Requires DOJ to post, on the OpenJustice Web Portal, quarterly criminal justice statistics relating to officer involved incidents with the demographics of the individuals involved and a description of the incident; case clearance rates; juvenile delinquency; the disposition of civilian complaints; the demographics of victims and individuals charged in homicides; the incidents and demographics targeted by hate crimes; the incidents and demographics of “stop and frisk” detentions; the incidents and demographics of potential profiling incidents; administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies; and other data leading to the apprehension, prosecution, and treatment of the criminals and delinquents.
- Eliminates the use of paper cards or forms by law enforcement agencies to submit required statistical data to DOJ.
- Eliminates DOJ’s requirement to annually present a report on criminal justice statistics to the Governor and the Legislature.
- Requires DOJ to add prosecutorial administrative actions to its criminal justice statistics collection and summaries.
EXISTING LAW:
- Requires DOJ to annually interpret and present crime statistics, required to be reported by law enforcement and other agencies and information, to the Governor. (Pen. Code, §§ 13010, subd. (g), 13020.)
- Requires DOJ to interpret and present statistics and information to the Legislature and to those in charge or concerned with of the apprehension, prosecution, and treatment of the criminals and delinquents. (Pen. Code, § 13012(b).)
- Allows the Attorney General to issue special reports on crime statistics. (Pen. Code, § 13010, subd. (g).)
- Requires the Racial and Identity Profiling Board (RIPA) to annually analyze and report to the Attorney General statistics collected from law enforcement agencies regarding citizen complaints. (Pen. Code, § 13012, subds.(a) and (c).)
- Requires the Attorney General to make available a sufficient number of copies of both the required annual report on crime statistics and any special reports. (Pen. Code, § 13010, subd. (g).)
- Requires DOJ to prepare and distribute to any person or agency required to submit crime statistics the cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics. (Pen. Code, § 13010, subd. (b).)
- Requires DOJ to periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation. (Pen. Code, § 13010, subd. (h).)
- Requires DOJ, beginning January 1, 2017, to issue an annual summary of incidents reported by law enforcement including:
- The shooting of a civilian by a peace officer;
- The shooting of a peace officer by a civilian;
- The use of force by a peace officer against a civilian that results in serious bodily injury or death; and
- The use of force by a civilian against a peace officer that results in serious bodily injury or death; (Gov. Code, § 12525.2, subds. (a) and (c).)
- Requires DOJ’s annual summary of shootings of and by peace officers, and of use of force by or against peace officers, to include the number and demographics of those involved, if the civilian was armed, the type of force used, and a description of the incident, as provided. (Gov. Code, § 12525.2, subds. (a), (b) and (c).)
- Requires DOJ to collect data pertaining to the juvenile justice system for criminal history and statistical purposes, including all of the following:
- The amount and the types of offenses known to the public authorities;
- The personal and social characteristics of criminals and delinquents;
- The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents;
- The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court; and
- The total number of each of the following, disaggregated by individual law enforcement agency, including whether the disposition of the complaints was sustained, not sustained, exonerated or unfounded, as defined:
- Citizen complaints received by law enforcement agencies;
- Citizen complaints alleging criminal conduct of either a felony or misdemeanor; and
- Citizen complaints alleging racial or identity profiling, as defined. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability. (Pen. Code, §§ 832.5, 13012(a), 13519.4.)
- Requires the annual report published by DOJ to include information concerning arrests for identity theft. (Pen. Code, §§ 530.5, 13010, 13012.6.)
- Requires DOJ to maintain a data set, updated annually, that contains the number of crimes reported, number of clearances and clearance rates in California as reported by individual law enforcement agencies for required-to-be-reported crimes. The data set shall be made available through a prominently displayed hypertext link on the Department’s Internet Web site or through the Department’s OpenJustice data portal. (Pen. Code, §§ 13012, 13013.)
- Requires DOJ to perform the following duties concerning the investigation and prosecution of homicide cases:
- Collect information on all persons who are the victims of, and all persons who are charged with, homicide;
- Adopt and distribute as a written form or by electronic means to all state and governmental entities that are responsible for the investigation and prosecution of homicide cases forms that will include information to be provided to the department; and
- Compile, collate, index, and maintain an electronic file of the information regarding victims of and those charged with homicide into a report available to the public. (Pen. Code, §13014.)
- Requires local law enforcement agencies to report to DOJ, in a manner prescribed by the Attorney General, any information that may be required relative to hate crimes so that the Department can report, on or before July 1 of each year, the Department’s analysis to the Legislature. (Pen. Code, §§ 422.55, 13023.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "AB 2524 will modernize California’s collection and publication of criminal justice data. The OpenJustice Data Act builds upon Attorney General Kamala Harris’s open data initiative to improve and empower the public’s access to local and statewide crime statistics.
“AB 2524 will reinvent Crime in California and other annual reports published by the California DOJ as digital data sets within the Attorney General’s OpenJustice Web portal. These reports provide statistical summaries including numbers of arrests, complaints against peace officers, hate crime offenses, and law enforcement officers killed or assaulted; however, the static nature of these print publications means that data often lacks context. The OpenJustice Web portal will alchemize this information with interactive, accessible visualization tools, while making raw data available for public interest researchers.
“Additionally, AB 2524 will bring the state’s data collection into the 21st century by requiring local law enforcement agencies to submit all currently required statistical reports digitally. Despite the fact that electronic reporting provides for more accurate and efficient data submission, as many as 60% of local agencies still submit required data to the California DOJ on paper. The OpenJustice Data Act will direct all agencies to transition into digital reporting, which will allow for more frequent updates to statistics contained within the Web portal.
“DOJ first launched the OpenJustice initiative in 2015 as a mechanism for improving community trust in law enforcement, enhancing government accountability, and informing public policy. In early 2016 the Attorney General announced the release of OpenJustice 1.1, which enriched the Web portal’s initial data sets with city, county, and state level context including population and demographic information, unemployment rates, poverty rates, and educational attainment levels. In addition to providing greater transparency, this information enables policymakers to craft informed, data-driven public policy.”
- Summary: Various provisions of the Government and Penal Codes require DOJ to collect, analyze, and report on criminal justice statistics. Each individual law enforcement agency must report criminal justice statistics to DOJ so DOJ can both aggregate the data to present a statewide overview and to present data on each individual law enforcement agency. Currently, the agency’s statistics may be submitted by paper forms and cards. The statistics which agencies are required to report include: officer involved incidents with the demographics of the individuals involved and a description of the incident, case clearance rates, juvenile delinquency, the disposition of civilian complaints, the demographics of victims and individuals charged in homicides, the incidents and demographics targeted by hate crimes, the incidents and demographics of “stop and frisk” detentions, the incidents and demographics of potential profiling incidents, and other data leading to the apprehension, prosecution, and treatment of the criminals and delinquents.
Separate provisions require DOJ to prepare a summary of these criminal justice statistics every year in reports to the Governor and the Legislature, and otherwise make the data and reports available to the public. This bill requires law enforcement agencies to submit their statistics by electronic means only, and require DOJ to post the raw statistics and their summaries quarterly –rather than annually- on the OpenJustice Web Portal, which is easily accessible by the Governor, the Legislature and the public. - Argument in Support: According to Attorney General Kamala Harris, “California has a long history of supporting criminal justice data. When DOJ was first created in 1944 and given control over the state’s criminal identification services, Attorney General Robert Kenny created a Bureau of Criminal Statistics to leverage this information to provide statistical insight into public safety issues. In 1955, legislation was enacted requiring the bureau to provide 'a printed annual report containing the criminal statistics of the preceding calendar year,' as well as additional reports on 'special aspects of criminal statistics.' This publication has become known as Crime in California, and has served as an important resource for researchers and lawmakers.
“The state has changed dramatically over the past six decades. The advent of new analytic technologies has only further illuminated the value of using reliable data to guide public policy. Meanwhile, the internet has empowered Californians with greater access to information than at any other point in history, enabling everyday residents to learn about the world they live in. However, statutes governing the state’s publication of crime data remain substantially the same. Data pertaining to the work of public safety in communities remains largely inaccessible to most residents, contained in pages of numerical tables published in paper reports and reproduced through static downloadable files.
“In 2015, Attorney General Harris announced the launch of a new initiative called OpenJustice, a first-of-its-kind open data Web portal designed to make previously obscured information available to the public through an interactive, easy-to-use web interface. This tool consists of two components: a Dashboard that spotlights key criminal justice indicators with user-friendly visualization tools, and an Open Data Portal that publishes complete raw datasets.
“The core mission of OpenJustice was to increase public safety transparency by making information both available and digestible to the general public. The initial datasets released through OpenJustice included Law Enforcement Officers Killed or Assaulted in the Line of Duty; Deaths in Custody; and Arrests and Bookings. Earlier this year, OpenJustice 1.1 was launched to add more local context to this data, such as population and demographic information. The OpenJustice Data Act would revolutionize the public’s access to information about the criminal justice system by reinventing the Attorney General’s traditional printed reports as datasets within the OpenJustice Data portal. The bill will enable Californians to review the statistical information most important to them in context, using dynamic, interactive tools, rather than rely on preselected, prepackaged summaries. AB 2524 will truly democratize public safety data, significantly strengthening trust in law enforcement.
“AB 2524 will also modernize the way the state collects this information from locals. Despite the continuing development of digital technologies, as many as 60% of local agencies still report their criminal justice statistics to DOJ on paper; this bill will direct those agencies to submit electronically. By transitioning to an entirely digital reporting process, statewide data collection will be more efficient, accurate, and considerate of the environment.” - Argument in Opposition: According to the California State Sheriff’s Association, “While we appreciate your desire to increase efficiency and the use of technology, we are concerned that this bill represents a significant unfunded mandate on law enforcement agencies. It has been reported that at least 60% of agencies do no report electronically and enacting this bill will create massive cost pressures to acquire technology, secure storage space, and train staff on the new requirements imposed by this bill.
“Additionally, AB 2524 contemplates quarterly reporting where many statistics are currently reported annually. Not only will this increase workload, but it must be considered in the context of all of the reporting that is currently mandated, including new requirements on reporting of racial profiling and use of force data. - Related Legislation:
- SB 1075 (Runner) would require DOJ’s report to the Governor to include statistics on child molestation, as defined, in the same format and within the same tables that report on the number, rate per 100,000 population, and percentage change in other violent crimes, including rape. SB 1075 is pending in the Senate Committee on Public Safety.
- SB 1031 (Hancock) would require the Board of State and Community Corrections, on or before July 1, 2019, to establish a Juvenile Justice Information System to develop and maintain statewide statistical information, as specified. SB 1031 would additionally, on January 1, 2020, remove the requirement that DOJ collect information regarding the juvenile justice system. SB 1031 is pending in the Senate Committee on Public Safety.
- AB 1654 (Santiago) would require the State Auditor to include in this audit an evaluation of the institutions’ compliance with state law governing crime reporting and the development and implementation of student safety policies and procedures, and require DOJ, commencing July 1, 2017, to provide guidance to and develop model protocols for California’s public and private institutions of higher education and systemwide offices of public institutions of higher education regarding student safety state laws. AB 1654 is pending in the Assembly Committee on Appropriations.
- SB 1075 (Runner) would require DOJ’s report to the Governor to include statistics on child molestation, as defined, in the same format and within the same tables that report on the number, rate per 100,000 population, and percentage change in other violent crimes, including rape. SB 1075 is pending in the Senate Committee on Public Safety.
- Prior Legislation:
- AB 953 (Weber), Chapter 466, Statutes of 2015, enacted the Racial and Identity Profiling Act of 2015, which revised the definition of racial profiling to instead refer to racial or identity profiling. Specified law enforcement agencies are required to report on all stops, as defined.
- AB 71 (Rodriguez), Chapter 462, Statutes of 2015, requires each law enforcement agency to annually furnish to DOJ a report of specified incidents when a peace officer is involved in the use of force, as defined.
- AB 953 (Weber), Chapter 466, Statutes of 2015, enacted the Racial and Identity Profiling Act of 2015, which revised the definition of racial profiling to instead refer to racial or identity profiling. Specified law enforcement agencies are required to report on all stops, as defined.
REGISTERED SUPPORT / OPPOSITION:
Support
Attorney General Kamala Harris
Opposition
California State Sheriffs’ Association
Analysis Prepared by:
Matt Dean / PUB. S. / (916) 319-3744
Discussed in Hearing
1MIN
Assembly Floor
1MIN
Senate Floor
1MIN
Assembly Floor
8MIN
Assembly Standing Committee on Public Safety
Bill Author
