Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training. Existing law requires the commission to develop and disseminate guidelines and training for all peace officers in California, as specified, who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state.

Existing law also requires the commission to adopt rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies.

This bill would require the commission to develop and implement a course of training regarding sexual orientation and gender identity minority groups in this state. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers and dispatchers and would require the course or courses to include specified topics, including the terminology used to identify and describe sexual orientation and gender identity and how to create an inclusive workplace within law enforcement for sexual orientation and gender identity minorities. The bill would authorize law enforcement officers, administrators, executives, and dispatchers to participate in supplementary training that includes the topics, as specified, in that course of training.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training. Existing law requires the commission to develop and disseminate guidelines and training for all peace officers in California, as specified, who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state.

Existing law also requires the commission to adopt rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies.

This bill would require the commission to develop and implement a course of training regarding sexual orientation and gender identity minority groups in this state. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers and dispatchers and would require the course or courses to include specified topics, including the terminology used to identify and describe sexual orientation and gender identity and how to create an inclusive workplace within law enforcement for sexual orientation and gender identity minorities. The bill would authorize law enforcement officers, administrators, executives, and dispatchers to participate in supplementary training that includes the topics, as specified, in that course of training.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training. Existing law requires the commission to develop and disseminate guidelines and training for all peace officers in California, as specified, who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state.

Existing law also requires the commission to adopt rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies.

This bill would require the commission to develop and implement a course of training regarding sexual orientation and gender identity minority groups in this state. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers and dispatchers and would require the course or courses to include specified topics, including the terminology used to identify and describe sexual orientation and gender identity and how to create an inclusive workplace within law enforcement for sexual orientation and gender identity minorities. The bill would authorize law enforcement officers, administrators, executives, and dispatchers to participate in supplementary training that includes the topics, as specified, in that course of training.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training. Existing law requires the commission to develop and disseminate guidelines and training for all peace officers in California, as specified, who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state.

Existing law also requires the commission to adopt rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies, and requires that those standards apply to cities, counties, cities and counties, and districts receiving state aid, as specified. Existing law requires the commission, among other duties relating to training, to implement a course or courses of instruction for the training of law enforcement officers and law enforcement dispatchers in the handling of missing person and runaway cases. agencies.

This bill would require the commission to develop and implement, on or before January 1, 2020, implement a course of training regarding sexual orientation and gender identity minority groups in this state. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers and dispatchers by January 1, 2020, dispatchers and would require the course or courses to include specified topics, including the terminology used to identify and describe sexual orientation and gender identity and how to create an inclusive workplace within law enforcement for sexual orientation and gender identity minorities. The bill would require authorize law enforcement officers, administrators, executives, and dispatchers who complete the course of basic training prior to January 1, 2020, to participate in supplementary training that includes the topics, as specified, in that course of training and to complete the supplementary training on or before December 31, 2022. By imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program. training.

Existing law prevents a person from being punished for an omission to perform an act, if that act has been performed by another person acting in his or her behalf and competent by law to perform it.

This bill would make technical, nonsubstantive changes to those provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2504

Author:(Low)

As Amended Ver:June 26, 2018

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Requires the Commission on Peace Officer Standards and Training (POST) to develop and implement a training course regarding sexual orientation and gender identity minority groups.

The Senate amendment deletes the requirement that the training course be interactive using methodologies other than exclusively video media.

EXISTING LAW:

1. Requires all peace officers to complete an introductory course of training prescribed by POST, demonstrated by passage of an appropriate examination developed by POST.
2. Authorizes POST, for the purpose of raising the level of competence of local law enforcement officers, to adopt rules establishing minimum standards related to physical, mental and moral fitness and training that shall govern the recruitment of any peace officers in California.
3. Requires POST to establish and continually update a classroom training course relating to law enforcement interaction with elderly and dependents adults. The course must include training on the following subjects as they relate to elders and dependent adults: recognition of abuse, neglect, fraud, physical abuse, psychological abuse, and the roles of local adult protective services and public guardian offices. When updating training materials, POST must consult with the Bureau of Medi-Cal Fraud and Elder Abuse, local adult protective services offices, and other subject matter experts.
4. Provides that POST must consult with appropriate local and state organizations that have expertise on mental disabilities in order to develop a training course relating to law enforcement interactions with persons with mental disabilities. The training course must consist of classroom instruction and interactive training methods on the following: cause and nature of mental disabilities, identifying indicators of mental disability, de-escalation techniques for possible dangerous situations involving the mentally disabled, and other specified subjects.
5. Requires POST, in consultation with interested stakeholders and human trafficking experts, to develop guidelines for law enforcement response to human trafficking and to implement a training course detailing how peace officers should handle complaints involving human trafficking. The training course shall focus on the dynamics and manifestations of trafficking, the availability of civil and immigration remedies and community resources, appropriate investigative techniques, and other subjects, as specified.
6. Requires POST to implement an instructional course for the training of law enforcement officers in handling domestic violence complaints and to develop guidelines focusing protection of the victim and enforcement of the law in domestic violence situations. In establishing the course, POST shall consult with, among others, at least one representative of service providers serving the lesbian, gay, bisexual, and transgender community in connection with domestic violence.
7. Instructs POST to consult with experts and appropriate groups to develop and disseminate guidelines and training for specified peace officers about the racial and cultural differences among California citizens. The guidelines and training courses must focus on understanding racial, identity, and cultural differences and outline effective, noncombative methods when carrying out duties in diverse environments.

AS PASSED BY THE ASSEMBLY, this bill:

1. Provided that POST must establish a training course on sexual orientation and gender identity minority groups in the state.
2. Required POST to consult with sexual orientation and gender identity minority members of law enforcement and the general community who have expertise in the areas, and that the consultants must be comprised of at least one male, female, and transgender person.
3. Mandated that the training course must be incorporated into the basic training course(s) for law enforcement officers and dispatchers.
4. Stated that the training course must include, but not be limited to, the following topics:
   1. The difference between sexual orientation and gender identity and how both relate to each other and to race, culture, and religion;
   2. Terminology used when identifying and describing sexual orientation and gender identity;
   3. Fostering inclusive workplaces within law enforcement for sexual orientation and gender identity minorities;
   4. Important moments in history involving law enforcement, and sexual orientation and gender identity minorities; and,
   5. Approaches law enforcement can take to respond effectively to domestic violence and hate crimes involving sexual orientation and gender identity minorities.
5. Required the training to be interactive using methodologies other than exclusively video media.
6. Stated that those law enforcement officers, administrators, executives, and dispatchers may participate in the supplementary training described in the provisions of this bill.
7. Stated that the supplementary training shall fulfill POST requirements for continuing professional training and shall include facilitated discussions and learning activities.
8. Provided that additional training instruction to update the instruction described in this bill shall be established as deemed necessary by POST.

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

COMMENTS: According to the author, ''AB 2504 will better prepare peace officers in their response to incidents that involve LGBT [lesbian, gay, bisexual, transgender] individuals, and help foster a workplace for law enforcement in which LGBT individuals feel comfortable and valued. Providing history and proper terminology regarding gender identity and sexual orientation and how they relate to race, culture and religion, promotion of an LGBT inclusive workplace and including best practices to properly respond to LGBT specific hate crimes and domestic violence is a key element to protecting one of California's most vulnerable communities.''

Analysis Prepared by: David Billingsley / Mureed Rasool / PUB. S. / (916) 319-3744 FN: 0003701

 THIRD READING  

Bill No: AB 2504

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 6-1, 6/19/18

AYES: Skinner, Bradford, Jackson, Mitchell, Stone, Wiener

NOES: Anderson

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 53-22, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: Equality California

DIGEST:

This bill requires the Commission on Peace Officer Standards and Training (POST) to develop a training course in basic training for law enforcement officers and dispatchers regarding sexual orientation and gender identity.

ANALYSIS:

Existing law:

1. Requires all peace officers to complete an introductory course of training prescribed by POST, demonstrated by passage of an appropriate examination developed by POST. (Pen. Code § 832, subd. (a).)
2. Authorizes POST, for the purpose of raising the level of competence of local law enforcement officers, to adopt rules establishing minimum standards related to physical, mental, and moral fitness and training that shall govern the recruitment of any peace officer in California. (Pen. Code § 13510, subd. (a).)
3. Requires POST to establish and continually update a classroom training course relating to law enforcement interaction with elderly and dependents adults. The course must include training on the following subjects as they relate to elders and dependent adults (Pen. Code § 13515, subd. (a)(1)-(8)):
   1. Recognition of abuse, neglect, fraud, physical abuse, psychological abuse;
   2. Reporting requirements and procedures;
   3. Fraud of elders and dependent adults; and
   4. Roles of local adult protective services and public guardian offices.
4. States when updating training materials, POST must consult with the Bureau of Medi-Cal Fraud and Elder Abuse, local adult protective services offices, and other subject matter experts. (Pen. Code § 13515, subd. (b).)
5. Requires that POST must consult with appropriate local and state organizations that have expertise on mental disabilities in order to develop a training course relating to law enforcement interactions with persons with mental disabilities. (Pen. Code § 13515.25.)
6. States requires that the training course consists of classroom instruction and interactive training methods on the following: cause and nature of mental disabilities, identifying indicators of mental disability, de-escalation techniques for possible dangerous situations involving the mentally disabled, and other specified subjects. (Pen. Code § 13515.27.)
7. Requires POST to review the training course relating to persons with mental disabilities and to identify areas where additional training may be needed to effectively address incidents involving mentally disabled persons and persons with substance use disorders. (Pen. Code § 13515.26, subd. (a).)
8. Requires the training to address issues related to stigma, be culturally relevant and appropriate, and include recognizing indicators of mental illness, use of force options and alternatives, mental health resources, as specified. (Pen. Code § 13515.26, subd. (c).)
9. Requires POST to implement an instructional course for the training of law enforcement officers in handling domestic violence complaints and to develop guidelines focusing protection of the victim and enforcement of the law in domestic violence situations. (Pen. Code § 13519, subd. (a).)
10. States that, in establishing the course, POST shall consult with, among others, at least one representative of service providers serving the lesbian, gay, bisexual, and transgender (LGBT) community in connection with domestic violence. (Pen. Code § 13519, subd. (f)(1).)
11. Instructs POST to consult with experts and appropriate groups to develop and disseminate guidelines and training for specified peace officers about the racial and cultural differences among California citizens. The guidelines and training courses must focus on understanding racial, identity, and cultural differences and outline effective, noncombative methods when carrying out duties in diverse environments. (Pen. Code § 13519.4, subd. (a) & (b).)
12. Defines “racial or identity profiling” as the consideration of or reliance on an individual’s perceived race, age, religion, gender identity or expression, sexual orientation, or other specified trait, when deciding to subject the individual to a stop or in deciding upon the scope of law enforcement activities following a stop without individualized suspicion. (Pen. Code § 13519.4, subd. (e).)
13. Defines “sexual orientation” as, “heterosexuality, homosexuality, or bisexuality.” (Pen. Code § 422.56, subd. (h).)
14. Defines “gender” as a person’s gender identity and gender expression. (Pen. Code § 422.56, subd. (c).)
15. Defines ‘gender expression’ as a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (Pen. Code § 422.56, subd. (c).)

This bill:

1. Requires POST to develop and implement a training course regarding sexual orientation and gender variant groups in this state.
2. Requires the basic training courses for officers and dispatchers to incorporate:
   1. The terminology used to identify and describe sexual orientation and gender identity;
   2. How to create an inclusive workplace within law enforcement for sexual orientation and gender variant groups;
   3. Important moments in history related to sexual orientation and gender variant groups and law enforcement; and
   4. How law enforcement can respond effectively to domestic violence and hate crimes involving sexual orientation and gender variant groups.
3. Authorizes law enforcement officers, administrators, executives, and dispatchers to participant in supplementary training that includes all of the topics describes in this section. The supplementary training shall fulfill POST requirements for continuing professional training and shall include facilitated discussions and learning activities, including scenario training exercises. Additional training courses to update this instruction shall be established as deemed necessary by POST.

Comments

The author states:

AB 2504 will better prepare peace officers in their response to incidents that involve LGBT individuals, and help foster a workplace for law enforcement in which LGBT individuals feel comfortable and valued. It is important to provide history and proper terminology regarding gender identity and sexual orientation, including how they relate to race, culture and religion. Promotion of an LGBT inclusive workplace while including best practices to properly respond to LGBT specific hate crimes and domestic violence are key elements to protecting one of California’s most vulnerable communities.

Currently, peace officers undergo training with regard to cultural and racial differences, including 24 hours of cultural diversity and 8 hours of disability awareness for entry-level law enforcement trainees. These are minimum standards that are set by the Commission on Peace Officer Standards and Training (CPOST) and administered by local law enforcement training academies. The trainings are intended to increase the cultural sensitivity of the peace officers, as well as to make them more effective in their interaction with groups and individuals of different cultural backgrounds. However, California POST does not require any specific training on sexual orientation and gender identity minority groups for entry-level peace offices and dispatchers and there is no in-service or on-going training requirement. Peace officers are not trained in how to respond to incidents in which the citizens involved are LGBT. The California POST Learning Domain 42 “Cultural Diversity” Student Workbook makes minimal mention of LGBT co-workers and citizens.

According to the Department of Justice, hate Crimes involving LGBT people continue to be the second most common bias motivation. Gay men and transgender women are particularly vulnerable and it has been reported that hate crimes based on sexual orientation are rising in California.

Improving law enforcement’s ability to communicate, recognize and serve members of the LGBT community will improve trust in California’s law enforcement.

According to a 2016 demographic survey, 10 million Americans identify as lesbian, gay, bisexual, transgender, queer, intersex, asexual (LBTQIA+). A 2015 study reported 1,334,000 LGBTQIA+ adults living in California. These identities are higher amongst women, Asians, and Latinx populations. The reported numbers are often underestimates as sexual orientation disclosure is still highly stigmatized.

While law enforcement’s relationship with the LGBTQIA+ community has improved over time, discrimination and harassment are still ongoing and pervasive issues. Discrimination fosters distrust and inhibits effective policing in the LGBTQIA+, transgender, and gender non-conforming community. The U.S. has a significant history of law enforcement profiling, victimization, and mistreatment of this community. A 2014 national survey reported that 73% of LGBTQIA+ individuals and people living with HIV have had face-to-face contact with police in the past five years. Of those respondents, 21% reported hostile attitudes from officers, 14% reported verbal assault by police, 3% reported sexual harassment, and 2% reported physical assault at the hands of law enforcement officers. LGBTQIA+ people of color, individuals under 30, low-income folks, and transgender respondents were much more likely to report police misconduct or harassment.

While tensions exists between law enforcement and LGBTQIA+ communities, this population also heavily relies on law enforcement due to the frequency that they are subject to hate crimes.

Referred to in some jurisdictions as "bias crimes," hate crimes are generally defined as crimes that are, "committed not out of animosity toward the victim as an individual, but out of hostility toward the group to which the victim belongs". Hate crime perpetrators target their victims based on discrimination against immutable characteristics such as actual or perceived age, color, disability, gender, gender identity, national origin, race, sex, and sexual orientation.

Today, 49 states have hate crime statutes that vary in regard to the groups protected under hate crime laws. The Department of Justice (DOJ) published a 2016 study on the prevalence of hate crimes. From 2007 to 2016, hate crimes have overall decreased by 34.7%. However, there was an 11.2% increase in number of hate crime events from 2015 to 2016 or 837 to 931 cases respectively.

Sexual orientation bias driven hate crimes comprise of 22.5% of all hate crimes. In 2016, 64.5% of hate crimes were violent crime offenses and 35% were property crime offenses. However, these estimates are likely underreported because of the general absence of law enforcement training courses that are concentrated on these demographics. Lack of trust due to fear of discrimination, harassment, and violence likely discourages these communities to come forward and report crimes they have been a victim of.

In California, a 2017 survey reported is about 92,000 transgender adults. Transgender individuals often face more conflict, misunderstanding, and negative interactions than their cisgender counterparts. Cisgender is defined as a person whose sense of personal identity and gender corresponds with their birth sex.

A national survey found that 58% of transgender people who interacted with the police in the last year reported biased treatment, including 20% experiencing verbal harassment, 4% experiencing physical assault, and 3% experiencing sexual assault by officers. Significantly, a majority of respondents or 57% said they would be somewhat or very uncomfortable asking for help from law enforcement.

In the U.S., there were at least 23 deaths in 2016, 28 deaths in 2017, and so far, there have been 12 deaths of transgender people due to fatal violence. The victims are mainly women of color who were killed by acquaintances, partners and strangers. While some cases involve clear anti-transgender bias, in other cases, being transgender may have put them at risk through employment, housing, healthcare barriers that force them into homelessness and other susceptible situations.

There is a need for cultural competency training in law enforcement because not only do officers frequently interact with this population, but LGBTQIA+ individuals may be officers themselves. This bill requires peace officers to undergo a training course on the culture and experiences of sexual orientation and gender identity groups and advises them on how to respond effectively to incidents, such as hate crimes, involving this population.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/2/18)

Equality California (source)

Bay Area Municipal Elections Committee

California Public Defenders Association

Consumer Attorneys of California

Equal Rights Advocates

Indivisible Sacramento

Matthew Shepard Foundation

National Association of Social Workers, California Chapter

Out to Protect Inc.

Rainbow Chamber

Sacramento LGBT Community Center

San Jose Police Department

Transgender Community of Police & Sheriffs

Several individuals

OPPOSITION: (Verified 7/2/18)

None received

ASSEMBLY FLOOR: 53-22, 5/30/18

AYES: Arambula, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Acosta, Travis Allen, Bigelow, Brough, Chávez, Choi, Cunningham, Dahle, Flora, Fong, Gallagher, Harper, Kiley, Lackey, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron

NO VOTE RECORDED: Aguiar-Curry, Chen, Grayson

Prepared by:

7/3/18 15:53:11

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 2504 Hearing Date: June 19, 2018

Subject: Peace Officer Training: Sexual Orientation and Gender Identity

HISTORY

Source: Author

Prior Legislation: AB 953 (Weber), Chaptered 466, Statutes of 2015

Support: Equality California; Bay Area Municipal Elections Committee; Consumer Attorneys of California; California Public Defenders Association; Equal Rights Advocates; Indivisible Sacramento; Matthew Shepard Foundation; National Association of Social Workers, California Chapter; Out to Protect Inc.; Rainbow Chamber; Sacramento LGBT Community Center; San Jose Police Department; Transgender Community of Police & Sheriffs; individuals

Opposition: None known

Assembly Floor Vote: 53 - 22

PURPOSE

The purpose of this bill is to require the Commission on Peace Officer Standards and Training (POST) to develop a training course in basic training for law enforcement officers and dispatchers regarding sexual orientation and gender identity.

Existing law requires all peace officers to complete an introductory course of training prescribed by POST, demonstrated by passage of an appropriate examination developed by POST. (Pen. Code § 832, subd. (a).)

Existing law authorizes POST, for the purpose of raising the level of competence of local law enforcement officers, to adopt rules establishing minimum standards related to physical, mental, and moral fitness and training that shall govern the recruitment of any peace officer in California. (Pen. Code § 13510, subd. (a).)

Existing law requires POST to establish and continually update a classroom training course relating to law enforcement interaction with elderly and dependents adults. The course must include training on the following subjects as they relate to elders and dependent adults (Pen. Code § 13515, subd. (a)(1)-(8)):

1. Recognition of abuse, neglect, fraud, physical abuse, psychological abuse;
2. Reporting requirements and procedures;
3. Fraud of elders and dependent adults; and
4. Roles of local adult protective services and public guardian offices.

Existing law states when updating training materials, POST must consult with the Bureau of Medi-Cal Fraud and Elder Abuse, local adult protective services offices, and other subject matter experts. (Pen. Code § 13515, subd. (b).)

Existing law requires that POST must consult with appropriate local and state organizations that have expertise on mental disabilities in order to develop a training course relating to law enforcement interactions with persons with mental disabilities. (Pen. Code § 13515.25.)

Existing law states requires that the training course consists of classroom instruction and interactive training methods on the following: cause and nature of mental disabilities, identifying indicators of mental disability, de-escalation techniques for possible dangerous situations involving the mentally disabled, and other specified subjects. (Pen. Code § 13515.27.)

Existing law requires POST to review the training course relating to persons with mental disabilities and to identify areas where additional training may be needed to effectively address incidents involving mentally disabled persons and persons with substance use disorders. (Pen. Code § 13515.26, subd. (a).)

Existing law requires the training to address issues related to stigma, be culturally relevant and appropriate, and include recognizing indicators of mental illness, use of force options and alternatives, mental health resources, as specified. (Pen. Code § 13515.26, subd. (c).)

Existing law requires POST to implement an instructional course for the training of law enforcement officers in handling domestic violence complaints and to develop guidelines focusing protection of the victim and enforcement of the law in domestic violence situations. (Pen. Code § 13519, subd. (a).)

Existing law states that, in establishing the course, POST shall consult with, among others, at least one representative of service providers serving the lesbian, gay, bisexual, and transgender community in connection with domestic violence. (Pen. Code, § 13519, subd. (f)(1).)

Existing law instructs POST to consult with experts and appropriate groups to develop and disseminate guidelines and training for specified peace officers about the racial and cultural differences among California citizens. The guidelines and training courses must focus on understanding racial, identity, and cultural differences and outline effective, noncombative methods when carrying out duties in diverse environments. (Pen. Code, § 13519.4, subd. (a) & (b).)

Existing law defines “racial or identity profiling” as the consideration of or reliance on an individual’s perceived race, age, religion, gender identity or expression, sexual orientation, or other specified trait, when deciding to subject the individual to a stop or in deciding upon the scope of law enforcement activities following a stop without individualized suspicion. (Pen. Code, § 13519.4, subd. (e).)

Existing law defines “sexual orientation” as, “heterosexuality, homosexuality, or bisexuality.” (Pen. Code § 422.56, subd. (h).)

Existing law defines “gender” as a person’s gender identity and gender expression. (Pen. Code § 422.56, subd. (c).)

Existing law defines ‘gender expression’ as a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (Pen. Code § 422.56, subd. (c).)

This bill requires POST to develop and implement a training course regarding sexual orientation and gender variant groups in this state.

This bill requires the basic training courses for officers and dispatchers to incorporate:

1. The terminology used to identify and describe sexual orientation and gender identity;
2. How to create an inclusive workplace within law enforcement for sexual orientation and gender variant groups;
3. Important moments in history related to sexual orientation and gender variant groups and law enforcement; and
4. How law enforcement can respond effectively to domestic violence and hate crimes involving sexual orientation and gender variant groups.

This bill authorizes law enforcement officers, administrators, executives, and dispatchers to participant in supplementary training that includes all of the topics describes in this section. The supplementary training shall fulfill POST requirements for continuing professional training and shall include facilitated discussions and learning activities, including scenario training exercises. Additional training courses to update this instruction shall be established as deemed necessary by POST.

COMMENTS

1. Need for This Bill

The author states:

AB 2504 will better prepare peace officers in their response to incidents that involve LGBT individuals, and help foster a workplace for law enforcement in which LGBT individuals feel comfortable and valued. It is important to provide history and proper terminology regarding gender identity and sexual orientation, including how they relate to race, culture and religion. Promotion of an LGBT inclusive workplace while including best practices to properly respond to LGBT specific hate crimes and domestic violence are key elements to protecting one of California’s most vulnerable communities.

Currently, peace officers undergo training with regard to cultural and racial differences, including 24 hours of cultural diversity and 8 hours of disability awareness for entry-level law enforcement trainees. These are minimum standards that are set by the Commission on Peace Officer Standards and Training (CPOST) and administered by local law enforcement training academies. The trainings are intended to increase the cultural sensitivity of the peace officers, as well as to make them more effective in their interaction with groups and individuals of different cultural backgrounds. However, California POST does not require any specific training on sexual orientation and gender identity minority groups for entry-level peace offices and dispatchers and there is no in-service or on-going training requirement. Peace officers are not trained in how to respond to incidents in which the citizens involved are LGBT. The California POST Learning Domain 42 “Cultural Diversity” Student Workbook makes minimal mention of LGBT co-workers and citizens.

According to the Department of Justice, hate Crimes involving LGBT people continue to be the second most common bias motivation. Gay men and transgender women are particularly vulnerable and it has been reported that hate crimes based on sexual orientation are rising in California.

Improving law enforcement’s ability to communicate, recognize and serve members of the LGBT community will improve trust in California’s law enforcement.

2. LGBTQIA+ Community and Law Enforcement

According to a 2016 demographic survey, 10 million Americans identify as lesbian, gay, bisexual, transgender, queer, intersex, asexual (LBTQIA+).^[1] A 2015 study reported 1,334,000 LGBTQIA+ adults living in California.^[2] These identities are higher amongst women, Asians, and Latinx populations. The reported numbers are often underestimates as sexual orientation disclosure is still highly stigmatized.

While law enforcement’s relationship with the LGBTQIA+ community has improved over time, discrimination and harassment are still ongoing and pervasive issues. Discrimination fosters distrust and inhibits effective policing in the LGBTQIA+, transgender, and gender non-conforming community. The U.S. has a significant history of law enforcement profiling, victimization, and mistreatment of this community. A 2014 national survey reported that 73% of LGBTQIA+ individuals and people living with HIV have had face-to-face contact with police in the past five years.^[3] Of those respondents, 21% reported hostile attitudes from officers, 14% reported verbal assault by police, 3% reported sexual harassment, and 2% reported physical assault at the hands of law enforcement officers.^[4] LGBTQIA+ people of color, individuals under 30, low-income folks, and transgender respondents were much more likely to report police misconduct or harassment.^[5]

3. Hate Crimes

While tensions exists between law enforcement and LGBTQIA+ communities, this population also heavily relies on law enforcement due to the frequency that they are subject to hate crimes.

Referred to in some jurisdictions as "bias crimes," hate crimes are generally defined as crimes that are, "committed not out of animosity toward the victim as an individual, but out of hostility toward the group to which the victim belongs".^[6] Hate crime perpetrators target their victims based on discrimination against immutable characteristics such as actual or perceived age, color, disability, gender, gender identity, national origin, race, sex, and sexual orientation.

Today, 49 states have hate crime statutes that vary in regard to the groups protected under hate crime laws.^[7] The Department of Justice (DOJ) published a 2016 study on the prevalence of hate crimes. From 2007 to 2016, hate crimes have overall decreased by 34.7%. However, there was an 11.2% increase in number of hate crime events from 2015 to 2016 or 837 to 931 cases respectively.

Sexual orientation bias driven hate crimes comprise of 22.5% of all hate crimes. In 2016, 64.5% of hate crimes were violent crime offenses and 35% were property crime offenses.^[8] However, these estimates are likely underreported because of the general absence of law enforcement training courses that are concentrated on these demographics.^[9] Lack of trust due to fear of discrimination, harassment, and violence likely discourages these communities to come forward and report crimes they have been a victim of.

4. Violence against the Transgender Community

In California, a 2017 survey reported is about 92,000 transgender adults.^[10] Transgender individuals often face more conflict, misunderstanding, and negative interactions than their cisgender counterparts. Cisgender is defined as a person whose sense of personal identity and gender corresponds with their birth sex.^[11]

A national survey found that 58% of transgender people who interacted with the police in the last year reported biased treatment, including 20% experiencing verbal harassment, 4% experiencing physical assault, and 3% experiencing sexual assault by officers. Significantly, a majority of respondents or 57% said they would be somewhat or very uncomfortable asking for help from law enforcement.^[12]

In the U.S., there were at least 23 deaths in 2016, 28 deaths in 2017, and so far, there have been 12 deaths of transgender people due to fatal violence.^[13] The victims are mainly women of color who were killed by acquaintances, partners and strangers. While some cases involve clear anti-transgender bias, in other cases, being transgender may have put them at risk through employment, housing, healthcare barriers that force them into homelessness and other susceptible situations.^[14]

5. Cultural Competency in Law Enforcement

There is a need for cultural competency training in law enforcement because not only do officers frequently interact with this population, but LGBTQIA+ individuals may be officers themselves. This bill would require peace officers to undergo a training course on the culture and experiences of sexual orientation and gender identity groups and would advise them on how to respond effectively to incidents, such as hate crimes, involving this population.

6. Argument in Support

According to Equality California:

The overrepresentation of LGBTQ people who have contact with the criminal justice system is a direct result of disparities the community suffers, which are magnified for people who are also members of other marginalized communities. Young men of color who are also members of the LGBTQ community are at a particularly high risk of substance use disorders, which further increases their likelihood of contact with the criminal justice system. Another all-too common occurrence reported by transgender people, transgender women of color in particular, is the increased profiling they experience simply for living openly and authentically.

Research has shown that improving peace officers’ ability to communicate with and service members of the LGBTQ community will increase trust in law enforcement. AB 2504 will not only educate peace officers about the LGBTQ community and build more inclusive working environments; it will also create new opportunities for dialog between law enforcement officers and the marginalized communities they serve.

-- END –

1. Gallup Inc, “In U.S., More Adults Identifying as LGBT,” Gallup.com, accessed June 7, 2018, http://news.gallup.com/poll/201731/lgbt-identification-rises.aspx. ↑

2. “The LGBT Divide in California: A Look at the Socioeconomic Well-Being of LGBT People in California,” 2015, https://williamsinstitute.law.ucla.edu/wp-content/uploads/California-LGBT-Divide-Jan-2016.pdf. ↑

3. Christy Mallory, Amira Hasenbush, and Brad Sears, “Discrimination and Harassment by Law Enforcement Officers in the LGBT Community” (The Williams Institute, March 2015), https://williamsinstitute.law.ucla.edu/wp-content/uploads/LGBT-Discrimination-and-Harassment-in-Law-Enforcement-March-2015.pdf. ↑

4. Mallory, Hasenbush, and Sears. ↑

5. James Copple and Patricia Dunn, “Gender, Sexuality, and 21st Century Policing: Protecting the Rights of the LGBTQ+ Community” (Office of Community Oriented Policing Services., 2017), https://ric-zai-inc.com/Publications/cops-w0837-pub.pdf. ↑

6. Beverly A. McPhail and Diana M. DiNitto, “Prosecutorial Perspectives on Gender-Bias Hate Crimes,” Violence Against Women 11, no. 9 (September 1, 2005): 1162–85, https://doi.org/10.1177/1077801205277086. ↑

7. “Hate Crime,” National Institute of Justice, accessed April 27, 2018, https://www.nij.gov:443/topics/crime/hate-crime/pages/welcome.aspx. ↑

8. “State of California Department of Justice - OpenJustice,” accessed April 27, 2018, https://openjustice.doj.ca.gov/2016/hate. ↑

9. Mallory, Hasenbush, and Sears, “Discrimination and Harassment by Law Enforcement Officers in the LGBT Community.” ↑

10. “Demographics and Health of California’s Transgender Adults,” Williams Institute (blog), October 30, 2017, https://williamsinstitute.law.ucla.edu/demographics/health-trans-adults-ca/. ↑

11. “Definition of CISGENDER,” accessed June 7, 2018, https://www.merriam-webster.com/dictionary/cisgender. ↑

12. Copple and Dunn, “Gender, Sexuality, and 21st Century Policing: Protecting the Rights of the LGBTQ+ Community.” ↑

13. Human Rights Campaign, “Violence Against the Transgender Community in 2017,” Human Rights Campaign, accessed June 7, 2018, https://www.hrc.org/resources/violence-against-the-transgender-community-in-2017/. ↑

14. Campaign. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2504

Author:(Low)

As Amended Ver:

Majority vote

SUMMARY: Requires the Commission on Peace Officer Standards and Training (POST) to develop and implement a training course regarding sexual orientation and gender identity minority groups. Specifically, this bill:

1. Provides that POST must establish a training course on sexual orientation and gender identity minority groups in the state.
2. Requires POST to consult with sexual orientation and gender identity minority members of law enforcement and the general community who have expertise in the areas, and that the consultants must be comprised of at least one male, female, and transgender person.
3. Mandates that the training course must be incorporated into the basic training course(s) for law enforcement officers and dispatchers.
4. States that the training course must include, but not be limited to, the following topics:
   1. The difference between sexual orientation and gender identity and how both relate to each other and to race, culture, and religion;
   2. Terminology used when identifying and describing sexual orientation and gender identity;
   3. Fostering inclusive workplaces within law enforcement for sexual orientation and gender identity minorities;
   4. Important moments in history involving law enforcement, and sexual orientation and gender identity minorities; and,
   5. Approaches law enforcement can take to respond effectively to domestic violence and hate crimes involving sexual orientation and gender identity minorities.
5. Requires the training to be interactive using methodologies other than exclusively video media.
6. States that those law enforcement officers, administrators, executives, and dispatchers may participate in the supplementary training described in the provisions of this bill.
7. States that the supplementary training shall fulfill POST requirements for continuing professional training and shall include facilitated discussions and learning activities.
8. Provides that additional training instruction to update the instruction described in this bill shall be established as deemed necessary by POST.

EXISTING LAW:

1. Requires all peace officers to complete an introductory course of training prescribed by POST, demonstrated by passage of an appropriate examination developed by POST.
2. Authorizes POST, for the purpose of raising the level of competence of local law enforcement officers, to adopt rules establishing minimum standards related to physical, mental and moral fitness and training that shall govern the recruitment of any peace officers in California.
3. Requires POST to establish and continually update a classroom training course relating to law enforcement interaction with elderly and dependents adults. The course must include training on the following subjects as they relate to elders and dependent adults: recognition of abuse, neglect, fraud, physical abuse, psychological abuse, and the roles of local adult protective services and public guardian offices. When updating training materials, POST must consult with the Bureau of Medi-Cal Fraud and Elder Abuse, local adult protective services offices, and other subject matter experts.
4. Provides that POST must consult with appropriate local and state organizations that have expertise on mental disabilities in order to develop a training course relating to law enforcement interactions with persons with mental disabilities. The training course must consist of classroom instruction and interactive training methods on the following: cause and nature of mental disabilities, identifying indicators of mental disability, de-escalation techniques for possible dangerous situations involving the mentally disabled, and other specified subjects.
5. Requires POST, in consultation with interested stakeholders and human trafficking experts, to develop guidelines for law enforcement response to human trafficking and to implement a training course detailing how peace officers should handle complaints involving human trafficking. The training course shall focus on the dynamics and manifestations of trafficking, the availability of civil and immigration remedies and community resources, appropriate investigative techniques, and other subjects, as specified.
6. Requires POST to implement an instructional course for the training of law enforcement officers in handling domestic violence complaints and to develop guidelines focusing protection of the victim and enforcement of the law in domestic violence situations. In establishing the course, POST shall consult with, among others, at least one representative of service providers serving the lesbian, gay, bisexual, and transgender community in connection with domestic violence.
7. Instructs POST to consult with experts and appropriate groups to develop and disseminate guidelines and training for specified peace officers about the racial and cultural differences among California citizens. The guidelines and training courses must focus on understanding racial, identity, and cultural differences and outline effective, noncombative methods when carrying out duties in diverse environments.

FISCAL EFFECT: According to the Assembly Appropriations Committee, costs of $150,000 (Peace Officers Training Fund or GF) for POST to develop and implement the required course.

COMMENTS:

1. Author's Statement: According to the author, ''AB 2504 will better prepare peace officers in their response to incidents that involve LGBT individuals, and help foster a workplace for law enforcement in which LGBT individuals feel comfortable and valued. Providing history and proper terminology regarding gender identity and sexual orientation and how they relate to race, culture and religion, promotion of an LGBT inclusive workplace and including best practices to properly respond to LGBT specific hate crimes and domestic violence is a key element to protecting one of California's most vulnerable communities.''
2. Argument in Support: According to Out to Protect, ''California has a large and visible LGBT population. Rates of domestic violence amongst homosexual couples are comparable to those of heterosexual couples. Hate crimes targeting LGBT individuals are unfortunately common and have been on the rise for the last two years. Law enforcement, itself, can be a challenging environment for openly-LGBT individuals to advance professionally.
3. ''AB 2504 will direct the Commission on Peace Officer Standards and Training (CPOST) to develop education for training peace officers in how to deal with scenarios specific to LGBT individuals. This will support officers in being more efficient in situations where one or more parties do no conform to gender norms, in handling domestic violence calls that don't fit the heteronormative standard of relationships, in creating professional workplace in which LGBT peace officers feel equal, and in building a better association between peace officers and the LGBT community in general.''
4. Argument in Opposition: According to the California State Sheriffs' Association, ''California's peace officers are among the best trained in the nation and that results from the rigorous and evolving training standards that come from the Commission on Peace Officer Standards and Training (POST). Every sworn peace officer is required to complete a 664-hour-minimum basic academy as well as significant, ongoing training throughout his or her career.

''Given the cost of developing and providing training, as well as the costs of travel and officer backfill that are associated with most training, we are very concerned about the unfunded mandate this bill represents. In conjunction with POST's current fiscal challenges, this bill will put even more pressure on a system that is in desperate need of appropriate resources. Further, it is not clear that the topics contemplated by this bill are not currently the subject of available or required training.''

1. Related Legislation: AB 2992 (Daly) of the current legislative session, would require POST to develop and implement a training course on commercially sexually exploited children. AB 2992 is currently pending on the Assembly Third Reading.
2. Prior Legislation:
   1. SB 180 (Kuehl), Chapter 239, Statutes of 2005, requires POST to establish a human trafficking training course and to develop guidelines for law enforcement response to human trafficking.
   2. AB 1718 (Hertzberg), Chapter 200, Statutes of 2000, provides that POST must establish and continually update an education classroom training course relating to mentally disabled persons, as specified.
   3. AB 870 (Hertzberg), Chapter 444, Statutes of 1997, establishes the elder abuse training course within POST, as specified.
   4. SB 2680 (Boatwright), Chapter 480, Statutes of 1990, requires POST to develop guidelines and a training course for peace officers on the racial and cultural diversity of California's citizenry.

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: David Billingsley, Mureed Rasool / PUB. S. / (916) 319-3744 FN: 0003257

Date of Hearing: May 2, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2504

Author:(Low) – As Amended Ver:March 22, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires the Commission on Peace Officer Standards and Training (POST) to develop and implement, by January 1, 2020, a training course regarding sexual orientation and gender identity minority groups. Specifically, this bill:

1. Provides that POST must establish a training course on sexual orientation and gender identity minority groups by January 1, 2020. This bill specifies the topics the training course must include.
   
2. Mandates that the training course must be incorporated into the basic training program for law enforcement officers and dispatchers on or before January 1, 2020.
3. States that those law enforcement officers, administrators, executives, and dispatchers who completed basic training prior to January 1, 2020, must complete the training course required by this bill by December 31, 2022.
   

FISCAL EFFECT:

1. Significant costs (Peace Officers Training Fund or GF), likely in the low millions of dollars, for POST to create the required course and train basic training academy instructors. Actual costs will depend on the length of the course. For example, a one-hour course will cost about $650,000.
2. Significant costs (Peace Officers Training Fund or GF), exceeding several million dollars, for POST to reimburse law enforcement agencies for the overtime costs necessary to backfill law enforcement officers who have already completed basic training and are required to take the course established by this bill by December 31, 2022.

COMMENTS:

1. Background. All new peace officers in California must complete a 664 hour basic training program established by POST. In addition, peace officers and dispatchers must complete continuing education by taking POST-certified training classes on an ongoing basis.
2. Purpose. According to the author:

AB 2504 will better prepare peace officers in their response to incidents that involve LGBT individuals, and help foster a workplace for law enforcement in which LGBT individuals feel comfortable and valued. Providing history and proper terminology regarding gender identity and sexual orientation and how they relate to race, culture and religion, promotion of an LGBT inclusive workplace and including best practices to properly respond to LGBT specific hate crimes and domestic violence is a key element to protecting one of California’s most vulnerable communities.

1. Expanding basic training requirement is costly. POST offers two categories of training courses, the basic training academy and continuing education training. Expanding the requirements of the basic training academy either results in increased costs or the need to remove an existing element of training from the academy. On the other hand, new continuing education training courses are added frequently and without significant costs. The author may wish to consider amending this bill to require POST develop the specified training course to be offered for continuing education, rather than requiring it be included as part of basic training.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing:

Consultant: Mureed Rasool

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2504

Author:(Low) – As Amended Ver:

SUMMARY:

Requires the Commission on Peace Officer Standards and Training (POST) to develop and implement a training course regarding sexual orientation and gender identity minority groups by January 1, 2020. Specifically, this bill:

1. Provides that POST must establish a training course on sexual orientation and gender identity minority groups in the state by January 1, 2020.
   
2. Requires POST to consult with sexual orientation and gender identity minority members of law enforcement and the general community who have expertise in the areas, and that the consultants must be comprised of at least one male, female, and transgender person.
   
3. Mandates that the training course must be incorporated into the basic training course(s) for law enforcement officers and dispatchers on or before January 1, 2020.
   
4. States that the training course must include, but not be limited to, the following topics:
   
   1. The difference between sexual orientation and gender identity and how both relate to each other and to race, culture, and religion;
      
   2. Terminology used when identifying and describing sexual orientation and gender identity;
      
   3. Fostering inclusive workplaces within law enforcement for sexual orientation and gender identity minorities;
      
   4. Important moments in history involving law enforcement, and sexual orientation and gender identity minorities; and,
      
   5. Approaches law enforcement can take to respond effectively to domestic violence and hate crimes involving sexual orientation and gender identity minorities.
      
5. Requires the training to be interactive using methodologies other than exclusively video media.
   
6. States that those law enforcement officers, administrators, executives, and dispatchers who completed basic training prior to January 1, 2020, must participate in supplementary training by December 31, 2022, in accordance with the above mentioned topics.
   
7. Provides that the training course shall be updated as deemed necessary by POST.

EXISTING LAW:

1. Establishes POST. (Pen. Code, § 13500.)
   
2. Requires all peace officers to complete an introductory course of training prescribed by POST, demonstrated by passage of an appropriate examination developed by POST. (Pen. Code, § 832, subd. (a).)
   
3. Authorizes POST, for the purpose of raising the level of competence of local law enforcement officers, to adopt rules establishing minimum standards related to physical, mental and moral fitness and training that shall govern the recruitment of any peace officers in California.  (Pen. Code, § 13510, subd. (a).)
   
4. Requires POST to establish and continually update a classroom training course relating to law enforcement interaction with elderly and dependents adults. The course must include training on the following subjects as they relate to elders and dependent adults: recognition of abuse, neglect, fraud, physical abuse, psychological abuse, and the roles of local adult protective services and public guardian offices. When updating training materials, POST must consult with the Bureau of Medi-Cal Fraud and Elder Abuse, local adult protective services offices, and other subject matter experts. (Pen. Code, § 13515.)
   
5. Provides that POST must consult with appropriate local and state organizations that have expertise on mental disabilities in order to develop a training course relating to law enforcement interactions with persons with mental disabilities. The training course must consist of classroom instruction and interactive training methods on the following: cause and nature of mental disabilities, identifying indicators of mental disability, de-escalation techniques for possible dangerous situations involving the mentally disabled, and other specified subjects. (Pen. Code, §§ 13515.25 & 13515.27.)
   
6. Requires POST to review the training course relating to persons with mental disabilities and to identify areas where additional training may be needed to effectively address incidents involving mentally disabled persons and persons with substance use disorders. The training update shall include use of force options and alternatives, the perspectives of individuals or families who interact with mentally disabled persons, and other topics, as specified. (Pen. Code, § 13515.26.)
   
7. Requires POST, in consultation with interested stakeholders and human trafficking experts, to develop guidelines for law enforcement response to human trafficking and to implement a training course detailing how peace officers should handle complaints involving human trafficking. The training course shall focus on the dynamics and manifestations of trafficking, the availability of civil and immigration remedies and community resources, appropriate investigative techniques, and other subjects, as specified. (Pen. Code, § 13519.14.)
   
8. Requires POST to implement an instructional course for the training of law enforcement officers in handling domestic violence complaints and to develop guidelines focusing protection of the victim and enforcement of the law in domestic violence situations. In establishing the course, POST shall consult with, among others, at least one representative of service providers serving the lesbian, gay, bisexual, and transgender community in connection with domestic violence. (Pen. Code, § 13519.)
   
9. Instructs POST to consult with experts and appropriate groups to develop and disseminate guidelines and training for specified peace officers about the racial and cultural differences among California citizens. The guidelines and training courses must focus on understanding racial, identity, and cultural differences and outline effective, noncombative methods when carrying out duties in diverse environments. (Pen. Code, § 13519.4, subd. (a) & (b).)
   
10. Defines “racial or identity profiling” as the consideration of or reliance on an individual’s perceived race, age, religion, gender identity or expression, sexual orientation, or other specified trait, when deciding to subject the individual to a stop or in deciding upon the scope of law enforcement activities following a stop without individualized suspicion. (Pen. Code, § 13519.4, subd. (e).)
    
11. Defines “sexual orientation” as, “heterosexuality, homosexuality, or bisexuality.” (Pen. Code, § 13519.4, subd. (c)(1); Pen. Code, § 422.56, subd. (h).)
    
12. Defines “gender” as, “sex, and includes a person’s gender identity and gender expression. ‘Gender expression’ means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.” (Pen. Code, § 13519.4, subd. (c)(1); Pen. Code, § 422.56, subd. (c).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “AB 2504 will better prepare peace officers in their response to incidents that involve LGBT individuals, and help foster a workplace for law enforcement in which LGBT individuals feel comfortable and valued. Providing history and proper terminology regarding gender identity and sexual orientation and how they relate to race, culture and religion, promotion of an LGBT inclusive workplace and including best practices to properly respond to LGBT specific hate crimes and domestic violence is a key element to protecting one of California’s most vulnerable communities.”
   
2. Background: Regrettably, there has been a sustained history of discriminatory and prejudicial practices against sexual orientation and gender identity minority groups. The U.S. Department of Justice (U.S. DOJ) outlined such occurrences committed by the federal government, state governments, local governments, and private individuals, in a brief submitted to the Supreme Court for the case U.S. v. Windsor (2013) 570 U.S. 744. In its brief, the U.S. DOJ pointed out that, after racial minorities, homosexuals are the most frequent victims of reported hate crimes. Furthermore, it noted that law enforcement has a history of relying on laws prohibiting vagrancy and disorderly conduct as a means to harass homosexuals congregating in public. (U.S. DOJ. (2012). U.S. v. Windsor: Brief for the United States on the Merits Question. <https://www.justice.gov/sites/default/files/osg/briefs/2012/01/01/2012-0307.mer.aa.pdf> [Apr. 12, 2018].)
   
   California holds an estimated 1.3 million lesbian, gay, bisexual, and transgender adults. (Williams Institute. (2016). The LGBT Divide in California: A Look at the Socioeconomic Well-being of LGBT People in California. <http://williamsinstitute.law.ucla.edu/wp-content/uploads/California-LGBT-Divide-Jan-2016.pdf> [Apr. 12, 2018].) According to the DOJ’s 2016 report, Hate Crimes in California, over the past ten years hate crimes events (an occurrence when a hate crime is involved) that were perpetrated due to a sexual orientation bias have been listed as the second most common type of crime reported. Sexual orientation bias hate crimes have increased annually from 2014-2016, and account for 22.2 percent of all hate crimes reported in California in 2016. However, these estimates are likely being underreported. (<https://openjustice.doj.ca.gov/resources/publications> [Feb. 1, 2018].)
   
   Part of the reason sexual orientation and gender identity minority groups may still be underreporting hate crimes, is the general absence of law enforcement training courses that are concentrated on the composition of their community. (Williams Institute. (2015). Discrimination and Harassment by Law Enforcement Officers in the LGBT Community. <https://williamsinstitute.law.ucla.edu/wp-content/uploads/LGBT-Discrimination-and-Harassment-in-Law-Enforcement-March-2015.pdf> [Apr. 12, 2018].) In its report, the Williams Institute stated that a 2014 national survey found that 73% of respondents had an encounter with law enforcement within the past five years. Of those, 21% reported experiencing hostile attitudes from officers, 14% reported verbal assault by the officer, 3% reported sexual harassment, and 2% reported physical assault.
   
   This bill would require peace officers to undergo a training course that would explain the structure and culture of sexual orientation and gender identity minority groups and would further advise them on how to respond effectively to incidents, such as hate crimes, involving such minority groups.
   
3. Argument in Support: According to Out to Protect, “California has a large and visible LGBT population. Rates of domestic violence amongst homosexual couples are comparable to those of heterosexual couples. Hate crimes targeting LGBT individuals are unfortunately common and have been on the rise for the last two years. Law enforcement, itself, can be a challenging environment for openly-LGBT individuals to advance professionally.
   
   “AB 2504 will direct the Commission on Peace Officer Standards and Training (CPOST) to develop education for training peace officers in how to deal with scenarios specific to LGBT individuals. This will support officers in being more efficient in situations where one or more parties do no conform to gender norms, in handling domestic violence calls that don’t fit the heteronormative standard of relationships, in creating professional workplace in which LGBT peace officers feel equal, and in building a better association between peace officers and the LGBT community in general.”
   
4. Argument in Opposition: According to the California State Sheriffs’ Association, “California’s peace officers are among the best trained in the nation and that results from the rigorous and evolving training standards that come from the Commission on Peace Officer Standards and Training (POST). Every sworn peace officer is required to complete a 664-hour-minimum basic academy as well as significant, ongoing training throughout his or her career.
   
   “Given the cost of developing and providing training, as well as the costs of travel and officer backfill that are associated with most training, we are very concerned about the unfunded mandate this bill represents. In conjunction with POST’s current fiscal challenges, this bill will put even more pressure on a system that is in desperate need of appropriate resources. Further, it is not clear that the topics contemplated by this bill are not currently the subject of available or required training.”
   
5. Related Legislation: AB 2992 (Daly) would require POST to develop and implement a training course on commercially sexually exploited children. AB 2992 is currently pending hearing in the Assembly Committee on Appropriations.
   
6. Prior Legislation:
   
   1. SB 180 (Kuehl), Chapter 239, Statutes of 2005, requires POST to establish a human trafficking training course and to develop guidelines for law enforcement response to human trafficking.
      
   2. AB 1718 (Hertzberg), Chapter 200, Statutes of 2000, provides that POST must establish and continually update an education classroom training course relating to mentally disabled persons, as specified.
      
   3. AB 870 (Hertzberg), Chapter 444, Statutes of 1997, establishes the elder abuse training course within POST, as specified.
      
   4. SB 2680 (Boatwright), Chapter 480, Statutes of 1990, requires POST to develop guidelines and a training course for peace officers on the racial and cultural diversity of California’s citizenry.

REGISTERED SUPPORT / OPPOSITION:

Support

Out to Protect

Transgender Community of Police & Sheriffs

Rainbow Chamber of Commerce Silicon Valley

California Public Defenders Association

Bay Area Municipal Elections Committee

Opposition

California State Sheriff’s Association

Analysis Prepared by:

Mureed Rasool / PUB. S. / (916) 319-3744