(1)Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops, as defined, conducted by the agencys peace officers, and requires that data to include specified information, including the time, date, and location of the stop, and the reason for the stop. Existing law requires agencies of differing staff sizes to issue the first annual report on or before specified dates. Existing law requires the Attorney General, not later than January 1, 2017, and in consultation with specified stakeholders, to issue regulations for the collection and reporting of the required data.

This bill would set dates for the various law enforcement agencies to begin collecting the required data and would make law enforcement agencies solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure is not transmitted to the Attorney General in an open text field. The bill would extend the date by which the Attorney General is required to issue regulations for the collection and reporting of data to January 1, 2018. By expanding the duties of local law enforcement, this bill would impose a state-mandated local program.

(2)Existing law requires the Department of Justice to prepare and present to the Governor an annual report containing the criminal statistics of the preceding calendar year, including, but not limited to, the total number of citizen complaints alleging racial or identity profiling, as specified.

This bill would delete references to citizens complaints and instead refer to civilians complaints.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops, as defined, conducted by the agencys peace officers, and requires that data to include specified information, including the time, date, and location of the stop, and the reason for the stop. Existing law requires agencies of differing staff sizes to issue the first annual report on or before specified dates. Existing law requires the Attorney General, not later than January 1, 2017, and in consultation with specified stakeholders, to issue regulations for the collection and reporting of the required data.

This bill would set dates for the various law enforcement agencies to begin collecting the required data and would make law enforcement agencies solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure is not transmitted to the Attorney General in an open text field. The bill would extend the date by which the Attorney General is required to issue regulations for the collection and reporting of data to January 1, 2018. By expanding the duties of local law enforcement, this bill would impose a state-mandated local program.

(2)Existing law requires the Department of Justice to prepare and present to the Governor an annual report containing the criminal statistics of the preceding calendar year, including, but not limited to, the total number of citizen complaints alleging racial or identity profiling, as specified.

This bill would delete references to citizens complaints and instead refer to civilians complaints.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(2)Existing law requires the Department of Justice to prepare and present to the Governor an annual report containing the criminal statistics of the preceding calendar year, including, but not limited to, the total number of citizen complaints alleging racial or identity profiling, as specified.

This bill would delete references to citizens complaints and instead refer to civilians complaints.

Existing law establishes procedures for the selection of grand jurors in each county. Existing law requires a jury commissioner to question residents who are summoned for grand jury duty with regard to his or her qualifications, as specified.

This bill would make technical, nonsubstantive changes to that provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1518

Author:(Weber)

As Amended Ver:July 18, 2017

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Delays implementation of regulations related to the Racial Identity Profiling Act (RIPA) for one year until January 1, 2018.

The Senate amendments:

1. Delay implementation of regulations related to the RIPA for one year until January 1, 2018.
2. Set dates for law enforcement to begin collecting the required data under the RIPA.
3. Clarify that law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure is not transmitted to the Attorney General (AG) in an open field text,
4. Delete references to "citizen' complaints and instead refers to "civilian" complaints in the DOJ's annual report containing criminal justice statistics from the preceding year.

EXISTING LAW:

1. Requires each state and local agency that employs peace officers shall annually report data to the Department of Justice (DOJ) on all stops conducted by that agency's peace officers.
2. Specifies that each agency that employs 1,000 or more peace officers shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more, but less than 1,000, peace officers shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more, but less than 667, peace officers shall issue its first round of reports on or before April 1, 2022. Each agency that employs one or more, but less than 334, peace officers shall issue its first round of reports on or before April 1, 2023.
3. Requires the reporting to include the following information for each stop:
   1. The reason for the stop;
   2. The result of the stop, such as no action, warning, citation, property seizure, or arrest;
   3. If a warning or citation was issued, the warning provided or violation cited;
   4. If an arrest was made, the offense charged;
   5. The perceived race or ethnicity, gender, and approximate age of the person stopped. The identification of these characteristics shall be based on the observation and perception of the peace officer making the stop. For auto stops, this requirement applies only to the driver unless actions taken by the officer apply in relation to a passenger, in which case his or her characteristics shall also be reported.
   6. Actions taken by the officer during the stop, including, but not limited to, the following:
      1. Whether the officer asked for consent to search the person, and if so, whether consent was provided;
      2. Whether the officer searched the person or any property, and if so, the basis for the search, and the type of contraband or evidence discovered, if any; and
      3. Whether the officer seized any property and, if so, the type of property that was seized, and the basis for seizing the property.
4. Provides that if more than one peace officer performs a stop, only one officer is required to collect and report the necessary information.
5. Prohibits state and local law enforcement agencies from reporting the name, address, social security number, or other unique personal identifying information of persons stopped, searched, or subjected to a property seizure.
6. States that, notwithstanding any other law, the data reported shall be made available to the public to the extent which release is permissible under state law, with the exception of badge number, or other unique identifying information of the officer involved.
7. Requires the AG to issue regulations for the collection and reporting of the required data by January 1, 2017. The Attorney General should consult with specified stakeholders in issuing the regulations.
8. Mandates that the regulations specify all data to be reported, and provide standards, definitions, and technical specifications to ensure uniform reporting practices. To the extent possible, the regulations should also be compatible with any similar federal data collection or reporting program.
9. Requires DOJ to annually interpret and present crime statistics, required to be reported by law enforcement and other agencies and information, to the Governor.
10. 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.
11. Allows the AG to issue special reports on crime statistics.
12. Requires the RIPA Board to annually analyze and report to the Attorney General statistics collected from law enforcement agencies regarding citizen complaints.
13. Requires the AG to make available a sufficient number of copies of both the required annual report on crime statistics and any special reports.
14. 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.
15. 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.

AS PASSED BY THE ASSEMBLY, this bill deleted references to "citizen' complaints and instead refers to "civilian" complaints in the DOJ annual report containing criminal justice statistics from the preceding year.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: According to the author, "AB 1513 would revise the term "Citizen" to "Civilian" throughout the Penal Codes to ensure the statute reflects the actual term currently being utilized by law enforcement agencies when conducting duties such as reporting their activities with members of the public. Additionally, the bill would clarify that all civilians are eligible to file complaints regardless of citizenship."

Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001353

 THIRD READING  

Bill No: AB 1518

Author:

: in Senate

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 5-2, 7/11/17

AYES: Skinner, Bradford, Jackson, Mitchell, Wiener

NOES: Anderson, Stone

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 75-0, 4/27/17 (Consent) - See last page for vote

SUBJECT: Criminal justice information

SOURCE: California Attorney General’s Office

DIGEST:

This bill (1) delays implementation of the Racial and Identity Profiling Act (RIPA) by six months; (2) delays the regulations related to RIPA by one year; (3) specifies that law enforcement agencies are solely responsible to ensure that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Department of Justice (DOJ) in any open text fields; and (4) creates technical changes to the Penal Code by replacing the term “citizen” with “civilian.”

ANALYSIS:

Existing law:

1. Requires each state and local agency that employs peace officers to annually report data to the DOJ on all stops conducted by that agency’s peace officers. (Gov. Code § 12525.5, subd. (a).)
2. Specifies that each agency that employs 1,000 or more peace officers shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more, but less than 1,000, peace officers shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more, but less than 667, peace officers shall issue its first round of reports on or before April 1, 2022. Each agency that employs one or more, but less than 334, peace officers shall issue its first round of reports on or before April 1, 2023. (Gov. Code § 12525.5, subd. (a)(2).)
3. States that the report shall include, at a minimum, the following information for each stop:
   1. The time, date, and location of the stop.
   2. The reason for the stop.
   3. The result of the stop, such as, no action, warning, citation, property seizure, or arrest.
   4. If a warning or citation was issued, the warning provided or violation cited.
   5. If an arrest was made, the offense charged.
   6. The perceived race or ethnicity, gender, and approximate age of the person stopped, as specified.
   7. Actions taken by the peace officer, including, but not limited to, the following:
      1. Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided.
      2. Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any.
      3. Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property. (Gov. Code § 12525.5, subd. (b).)
4. Provides that law enforcement shall not report the name, address, social security number, or other unique personal identifying information of persons stopped, searched, or subjected to a property seizure, for purposes of this section. Notwithstanding any other law, the data regarding peace officer stops shall be available to the public, except for the badge number or other unique identifying information of the peace officer involved, which shall be released to the public only to the extent that the release is permissible under state law. (Gov. Code § 12525.5, subd. (d).)
5. Establishes the RIPA Board for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement. (Pen. Code § 13519.4, subd. (j).)
6. Specifies that no later than January 1, 2017, the DOJ, in consultation with stakeholders including the RIPA Board, shall issue regulations for the collection and reporting of data regarding all stops conducted by peace officers, as specified. The regulations shall specify all data to be reported, and provide standards, definitions, and technical specifications to ensure uniform reporting practices across all reporting agencies. (Gov. Code § 12525.5, subd. (e).)
7. Provides that all data and reports made pursuant to this section are public records, as specified, and are subject to public inspection. (Gov. Code § 12525.5, subd. (f).)
8. Requires the RIPA Board to 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. (Pen. Code § 13519.4, subd. (j)(3)(F).)
9. Defines “state summary criminal history information” as the master record of information compiled by the Attorney General pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. (Pen. Code § 11105, subd. (a)(2)(A).)
10. Requires the DOJ to collect data necessary for the work of DOJ from all specified persons and agencies. (Pen. Code § 13010, subd. (a).)
11. Requires the DOJ to prepare and distribute to all those persons and agencies required to submit crime statistics, the cards, forms, or electronic means used in reporting data to the departments. 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).)
12. Requires the 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. (b).)
13. Requires that the information publicly posted on the OpenJustice Web portal to include all of the following:
    1. The amount and the types of the offense 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; and
    4. The total number of each of the following:
       1. Citizen complaints received by law enforcement agencies.
       2. Citizen complaints alleging racial or identity profiling, as defined, which 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 § 13012, subd (a).)
14. Requires the DOJ to give adequate interpretation of the statistics and to present the information in clear and informative formats on OpenJustice Web portal, which should be presented in a manner that are comparable with national uniform criminal statistics published by federal bureaus or departments. (Pen. Code § 13012, subd. (b).)
15. Requires the DOJ to process, tabulate, analyze, and interpret the data collected from those specified persons and agencies. (Pen. Code § 13013, subd. (e).)
16. Requires every city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, probation officer, county board of parole commissioners, work furlough administrator, the Health and Welfare Agency, Department of Corrections, Department of Youth Authority, Youthful Offender Parole Board, Board of Prison Terms, State Department of Health, Department of Benefit Payments, State Fire Marshal, Liquor Control Administrator, constituent agencies of the State Department of Investment, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents to do the following:
    1. To install and maintain records needed for the correct reporting of statistical data required by him or her;
    2. To report statistical data to the departments at those times and in a manner that the Attorney General prescribes; and
    3. To give the Attorney General, or his or her accredited agent, access to statistical data for the purpose of carrying out this title. (Pen. Code § 13020).)
17. Requires the DOJ to present data relating to criminal statistics to the public, public officials, and the Governor. This data must be available through DOJ’s OpenJustice Web portal. The Attorney General also may issue special reports on aspects of crime statistics (Pen. Code § 13010, subd. (g).)
18. Prohibits a law enforcement officer from engaging in racial profiling. (Pen. Code § 13519.4, subd. (f).)
19. Defines, for purposes of this section, racial or identity profiling as the consideration of, or reliance on, to any degree, actual or 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 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. (Pen. Code § 13519.4, subd. (e).)

This bill:

1. Delays implementation of the RIPA by six months, to July 1, 2018.
2. Delays the regulations related to RIPA by one year, to January 1, 2018.
3. Specifies that law enforcement agencies are solely responsible to ensure that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the DOJ in any open text fields.
4. Deletes specified references to the term “citizen” complaints and instead refers to them as “civilian” complaints.

FISCAL EFFECT: Appropriation: Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/22/17)

California Attorney General’s Office (source)

California Public Defenders Association

OPPOSITION: (Verified 8/22/17)

None received

ASSEMBLY FLOOR: 75-0, 4/27/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Calderon, Cervantes, Cooley, Gomez, Santiago

Prepared by: Nico Galvan / PUB. S. /

8/22/17 16:14:23

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 1518 Hearing Date: July 11, 2017

Subject: Criminal Justice Statistics

HISTORY

Source: Author

Prior Legislation: AB 1953 (Weber) Chapter 99, Statues of 2016

AB 953 (Weber) Chapter 446, Statues of 2015

Support: California Public Defenders Association

Opposition: None known

Assembly Floor Vote: 75 - 0

ANALYSIS REFLECTS AUTHOR’S AMENDMENTS TO BE OFFERED IN COMMITTEE

PURPOSE

The purpose of this bill is to (1) delay implementation of the Racial and Identity Profiling Act (RIPA) by six months; (2) delay the regulations related to RIPA by one year; (3) specifies that law enforcement agencies are solely responsible to ensure that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Department of Justice in any open text fields; (4) creates technical changes to the Penal Code by replacing the term “citizen” with “civilian.”

Existing law requires each state and local agency that employs peace officers shall annually report data to the Department of Justice (DOJ) on all stops conducted by that agency’s peace officers. (Gov. Code § 12525.5, subd. (a).)

Existing law specifies that each agency that employs 1,000 or more peace officers shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more, but less than 1,000, peace officers shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more, but less than 667, peace officers shall issue its first round of repots on or before April 1, 2022. Each agency that employs one or more, but less than 334,peace officers shall issue its first round of reports on or before April 1, 2023. (Gov. Code § 12525.5, subd. (a)(2).)

Existing law states that the report shall include, at a minimum, the following information for each stop:

• The time, date, and location of the stop.
• The reason for the stop.
• The result of the stop, such as, no action, warning, citation, property seizure, or arrest.
• If a warning or citation was issued, the warning provided or violation cited.
• If an arrest was made, the offense charged.  
• The perceived race or ethnicity, gender, and approximate age of the person stopped, as specified.
• Actions taken by the peace officer, including, but not limited to, the following:
  1. Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided.
  2. Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any.
  3. Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property. (Gov. Code § 12525.5, subd. (b).)

Existing law provides that law enforcement shall not report the name, address, social security number, or other unique personal identifying information of persons stopped, searched, or subjected to a property seizure, for purposes of this section. Notwithstanding any other law, the data regarding peace officer stops shall be available to the public, except for the badge number or other unique identifying information of the peace officer involved, which shall be released to the public only to the extent that the release is permissible under state law. (Gov. Code § 12525.5, subd. (d).)

Existing law establishes the Racial Identity Profiling Advisory Board (RIPA Board) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement. (Pen. Code § 13519.4, subd. (j).)

Existing law specifies that no later than January 1, 2017, DOJ, in consultation with stakeholders including the RIPA Board, shall issue regulations for the collection and reporting of data regarding all stops conducted by peace officers, as specified. The regulations shall specify all data to be reported, and provide standards, definitions, and technical specifications to ensure uniform reporting practices across all reporting agencies. (Gov. Code § 12525.5, subd. (e).)

Existing law provides that all data and reports made pursuant to this section are public records, as specified, and are subject to public inspection. (Gov. Code § 12525.5, subd. (f).)

Existing law requires RIPA Board to 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. (Pen. Code § 13519.4, subd. (j)(3)(F).)

Existing law defines “state summary criminal history information” as the master record of information compiled by the Attorney General pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. (Pen. Code § 11105, subd. (a)(2)(A).)

Existing law requires the Department of Justice (DOJ) to collect data necessary for the work of DOJ from all specified persons and agencies. (Pen. Code § 13010, subd. (a).)

Existing law requires DOJ to prepare and distribute to all those persons and agencies required to submit crime statistics, the cards, forms, or electronic means used in reporting data to the departments. 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).)

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. (b).)

Existing law requires that the information publicly posted on the OpenJustice Web portal to include all of the following:

• The amount and the types of the offense known to the public authorities
• The personal and social characteristics of criminals and delinquents; and
• 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 total number of each of the following:
  1. Citizen complaints received by law enforcement agencies
  2. Citizen complaints alleging racial or identity profiling, as defined, which 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 § 13012, subd (a).)

Existing law requires the DOJ to give adequate interpretation of the statistics and to present the information in clear and informative formats on OpenJustice Web portal, which should be presented in a manner that are comparable with national uniform criminal statistics published by federal bureaus or departments. (Pen. Code § 13012, subd. (b).)

Existing law requires DOJ to process, tabulate, analyze, and interpret the data collected from those specified persons and agencies. (Pen. Code § 13013, subd. (e).)

Existing law requires every city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, probation officer, county board of parole commissioners, work furlough administrator, the Health and Welfare Agency, Department of Corrections, Department of Youth Authority, Youthful Offender Parole Board, Board of Prison Terms, State Department of Health, Department of Benefit Payments, State Fire Marshal, Liquor Control Administrator, constituent agencies of the State

Department of Investment, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents to do the following:

• To install and maintain records needed for the correct reporting of statistical data required by him or her;
• To report statistical data to the departments at those times and in a manner that the Attorney General prescribes; and
• To give the Attorney General, or his or her accredited agent, access to statistical data for the purpose of carrying out this title. (Pen. Code § 13020).

Existing law requires DOJ to present data relating to criminal statistics to the public, public officials, and the Governor. This data must be available through DOJ’s OpenJustice Web portal. The Attorney General also may issue special reports on aspects of crime statistics (Pen. Code § 13010, subd. (g).)

Existing law prohibits a law enforcement officer from engaging in racial profiling. (Pen. Code § 13519.4, subd. (f).)

Existing law defines, for purposes of this section, racial or identity profiling as the consideration of, or reliance on, to any degree, actual or 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 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. (Pen. Code § 13519.4, subd. (e).)

This bill delays implementation of the Racial and Identity Profiling Act (RIPA) by six months, to July 1, 2018.

This bill delays the regulations related to RIPA by one year, to January 1, 2018.

This bill specifies that law enforcement agencies are solely responsible to ensure that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Department of Justice in any open text fields;

This bill would delete the term of “citizen” complaints in Penal Code §13012, subdivision (a) and instead refer to them as “civilian” complaints.

COMMENTS

1. Need for This Bill

According to the author:

The Penal Code Section 13012, currently encompasses the term “citizen” rather than “civilian.” However, the current operational term being utilized by law enforcement is now “civilian.” For example, in 2015, the Legislature passed AB 71 (Rodriguez) a law which now requires law enforcement officers to report incidents of serious/excessive use of force. In order to comply with provisions of the recently enacted law, law enforcement agencies will also field and tally complaints filed against them. In preparation, agencies have developed forms for this purpose which includes the term “civilian” rather than “citizen.”

AB 953 the Racial and Identity Profiling Act of 2015, among other things, revised the content of the DOJ annual report on criminal statistics to report the total number of each of the following “citizen” complaints:

a) “Citizen” complaints against law enforcement personnel;

b) “Citizen” complaints alleging criminal conduct of either a felony or

misdemeanor;

c) “Citizen” complaints alleging racial or identity profiling, disaggregated

by the specific type of racial or identity profiling alleged.

This proposal seeks to ensure the accurate term “civilian” is reflected in the Penal Code sections and also aims to clarify that all civilians are eligible to file complaints against local law enforcement agencies or officers regardless of citizenship.

2. Modifies Implementation and Record Keeping for RIPA

This bill modifies the dates for the implementation of the Racial and Identity Profiling Act of 2015 due to concerns with potential release of personal information of both law enforcement officers and civilians who have had personal information collected under the provisions of the law. The bill would delay overall implementation of RIPA by six months, and delay compliance with regulations by an additional year. Additionally, the bill will specify that it is the responsibility of local and state law enforcement to maintain confidentiality of persons stopped as well as specified information related to the involved officers.

3. African Americans and Latinos Stopped More Frequently than Members of Other Races and Ethnicities in Oakland

According to the Mercury News:

Police stop and search African-Americans at a far higher rate than other racial groups in Oakland, according to a police report released Monday that has renewed concerns about racial profiling in the city.

African-Americans, who compose 28 percent of Oakland’s population, accounted for 62 percent of police stops from last April to November, the report found. The figures also showed that stops of African-Americans were more likely to result in felony arrests. [African-Americans were stopped a total of 9,034 times, Latinos a total of 2,524, Whites a total of 1,711, and Asians a total of 889 times, from April to November of 2013]

However, while African-Americans were far more likely to be searched by police upon being stopped, officers were no more likely to recover contraband from searching African-Americans than members of other racial groups. Latinos accounted for 17 percent of police stops, whites accounted for 12 percent, Asians 6 percent and “others” 3 percent….

City leaders, cautioned that the report needed further analysis and did not necessarily demonstrate that police were unfairly targeting African-Americans. Several outside police experts informed of the findings pointed to the 14 percent felony arrest rate for African-Americans who were stopped as an indication that police were not profiling….

While traffic issues were the most common reason people were stopped by police, African-Americans were far more likely to be stopped on the basis of “probable cause” or “reasonable suspicion” than members of other racial groups.

African-Americans stopped by police were searched 42 percent of the time, compared to 27 percent for Latinos and 17 percent for whites and Asians. Yet, those searches resulted in the recovery of contraband 27 percent of the time for African-Americans and Latinos, 28 percent of the time for whites and 25 percent of the time for Asians.^[1]

4. “Citizen” to “Civilian”

This bill makes technical changes in Penal Code § 13012, subdivision (a) by replacing the term “citizen” complains and instead refers to them as “civilian” complaints.  According to the author, this change will accurately reflect the term that is currently used by law enforcement agencies to track complaints on a local, state, and federal level.

This bill will also codify the ability of non-citizens residents of California to issue general complains against law enforcement, and complaints in law enforcement’s alleged use of racial or identity profiling.

5. Citizens’ Complaints Against Police Officers 1981 – 2015

According to the Department of Justice, the following statistics are the total amount of citizens’ complaints reported in the state of California from 1981 to 2015 is as follows:^[2]

The average amount of complaints per year is 17,880, while the range of this data set is 15, 672. The lowest amount of complaints reported was at 8,686 (in 1981) and the largest amount of complaints reported was at 24,358 (in 2007). Although the data demonstrates a range of 15,672 complaints, the average rate of change for complaints per year was 2%. Stated differently, on average, the amount of complaints rose 2% per year.

6. Argument in Support

According to the American Civil Liberties Union:

The current statue specifies that the report shall include the total number of complaints alleging racial or identi[ty] profiling from “citizens.” This bill would clarify the requirements to refer to complaints filed by “civilians,” rather than “citizens,” to make clear that non-citizens are not prohibited from filing complaints against peace officers. This change also recognizes that law enforcement agencies typically use the word “civilian” when reporting their activities with members of the public.

– END –

1. “Report: African-Americans Compose 28 Percent of Oakland’s Population, 62 Percent of Police Stops,” The Mercury News, March 24, 2014, accessed July 3, 2017. http://www.mercurynews.com/2014/03/24/report-african-americans-compose-28-percent-of-oaklands-population-62-percent-of-police-stops/ ↑

2. Kamal Harris, Attorney General, “Crime in California, 2015” California Department of Justice, 2015, accedssed June 29, 2017, p.59. https://oag.ca.gov/sites/all/files/agweb/pdfs/cjsc/publications/candd/cd15/cd15.pdf? ↑

Date of Hearing:

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1518

Author:(Weber) – As Amended Ver:March 28, 2017

SUMMARY:

Deletes references to "citizen' complaints and instead refers to "civilian" complaints in the Department of Justice (DOJ) annual report containing criminal justice statistics from the preceding year.

EXISTING LAW:

1. 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.)
2. 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).)
3. Allows the Attorney General to issue special reports on crime statistics. (Pen. Code, § 13010, subd. (g).)
4. 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) & (c).)
5. 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).)
6. 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).)
7. 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).)
8. Requires DOJ, beginning January 1, 2017, to issue an annual summary of incidents reported by law enforcement including:
   1. The shooting of a civilian by a peace officer;
   2. The shooting of a peace officer by a civilian;
   3. The use of force by a peace officer against a civilian that results in serious bodily injury or death; and
   4. 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).)
9. 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)-(c).)
10. Requires DOJ to collect data pertaining to the juvenile justice system for criminal history and statistical purposes, including 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 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
    5. 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:
       1. Citizen complaints received by law enforcement agencies;
       2. Citizen complaints alleging criminal conduct of either a felony or misdemeanor; and
       3. 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.)
11. Requires the annual report published by DOJ to include information concerning arrests for identity theft. (Pen. Code, §§ 530.5, 13010, 13012.6.)
12. 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 through the Department’s Open Justice Web Portal. (Pen. Code, §§ 13012, 13013.)
13. Requires DOJ to perform the following duties concerning the investigation and prosecution of homicide cases:
    1. Collect information 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; and
    3. 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, as well as on the Open Justice Web Portal. (Pen. Code, §13014.)
14. 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:

1. Author's Statement: According to the author, "AB 1513 would revise the term "Citizen" to "Civilian” throughout the Penal Codes to ensure the statute reflects the actual term currently being utilized by law enforcement agencies when conducting duties such as reporting their activities with members of the public. Additionally, the bill would clarify that all civilians are eligible to file complaints regardless of citizenship."
   
2. Prior Legislation: AB 1953 Weber, Chapter 99, Statues of 2016, made technical changes throughout sections of the Penal, Vehicle and Government Codes replacing the term "citizen" with "civilian" to accurately reflect the term currently used by law enforcement agencies to track complaints on a local, state and federal level.

REGISTERED SUPPORT / OPPOSITION:

Support

American Civil Liberties Union
California Public Defenders Association

Opposition

None

Analysis Prepared by:

Gregory Pagan / PUB. S. /