Existing law requires law enforcement agencies to maintain specified policies, including policies regulating the use of force and the use of certain defensive weapons. Existing law requires each peace officer to complete all pre-service and in-service training mandated by the Commission on Peace Officer Standards and Training.

This bill would require each law enforcement agency and basic course presenter to prohibit the use, as specified, of ethnic shooting targets, as defined.

By requiring local agencies to have new policies and potentially requiring agencies to replace and repurchase these items, the bill would impose a state-mandated local program.

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

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

Existing law requires law enforcement agencies to maintain specified policies, including policies regulating the use of force and the use of certain defensive weapons. Existing law requires each peace officer to complete all pre-service and in-service training mandated by the Commission on Peace Officer Standards and Training.

This bill would require each law enforcement agency and police academy basic course presenter to prohibit the use, as specified, of ethnic shooting targets, as defined.

By requiring local agencies to have new policies and potentially requiring agencies to replace and repurchase these items, the bill would impose a state-mandated local program.

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

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

Existing law requires law enforcement agencies to maintain specified policies, including policies regulating the use of force and the use of certain defensive weapons. Existing law requires each peace officer to complete all pre-service and in-service training mandated by the Commission on Peace Officer Standards and Training.

This bill would require each law enforcement agency and police academy to prohibit the use, as specified, of ethnic shooting targets, as defined.

By requiring local agencies to have new policies and potentially requiring agencies to replace and repurchase these items, the bill would impose a state-mandated local program.

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

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

 VETO  

Bill No: SB 1020

Author: Bradford (D)

Enrolled: 8/29/24

Vote: 27

SENATE PUBLIC SAFETY COMMITTEE: 4-0, 4/16/24

AYES: Wahab, Bradford, Skinner, Wiener

NO VOTE RECORDED: Seyarto

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 33-0, 5/20/24

AYES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Alvarado-Gil, Grove, Min, Nguyen, Niello, Ochoa Bogh, Seyarto

ASSEMBLY FLOOR: 55-1, 8/27/24 - See last page for vote

SUBJECT: Law enforcement agency regulations: shooting range targets

SOURCE: Author

DIGEST:

This bill prohibits law enforcement agencies and basic course presenters from using ethnic shooting targets for range activities that are sponsored by the agency or presenter.

ANALYSIS:

Existing law:

1. Regulates law enforcement training.
2. Defines biased conduct as conduct that “motivated by bias toward any person’s protected class or characteristic, whether actual or perceived”. (Penal Code (Pen. Code) § 13510.6)
3. Asserts that biased conduct may result from implicit and explicit biases. (Pen. Code § 13510.6)
4. Requires that law enforcement training must stress understanding and respect for racial, identity, and cultural differences, and must be based in an evidence-based curriculum to prevent racial or identity profiling. (Pen. Code § 13519.4)
5. Requires that law enforcement use of force training courses shall include implicit and explicit bias and cultural competency components. (Pen. Code § 13519.10)
6. Acknowledges the important concern that both communities and law enforcement have for the use of force. (Pen. Code § 13519.10)
7. Provides that a law enforcement officer exhibiting bias or animus towards a defendant because of their race, ethnicity, or national origin may be grounds to declare a mistrial, dismiss charges, or vacate a sentence, as specified. (Pen. Code § 745, subd. (e))
8. Defines “bias motivation” for purposes of adopting law enforcement hate crimes policy as a preexisting negative attitude toward actual or perceived characteristics such as disability, gender, race, religion, and other enumerated traits. (Pen. Code § 422.87)

This bill:

1. Prohibits law enforcement agencies and basic course presenters from using or providing ethnic shooting targets during range activities.
2. Prohibits agencies fr/om providing peace officers and basic course attendees ethnic shooting targets for personal use.
3. Defines “ethnic shooting target” as a physical range target that depicts a human form or part of a human form that includes skin colors or facial features from which a person might reasonably discern a race or ethnicity of the person depicted.
4. Provides an exemption for realistic training simulators and video playbacks that use live actors.

Background

Use of Ethnic Shooting Targets. Currently there is no knowledge of any California law enforcement agency using shooting targets similar to the aforementioned. However, there are accounts of police departments and federal agencies using shooting targets that resemble particular pictures of people and rubber shooting targets that resemble certain racial groups. Last year, a social media post from a Georgia police department showed a firearms safety course using a shooting target depicting a Black man with a gun, the department subsequently apologized for the use of the target and claimed that it was a part of group of targets that depicted other races as well (Burnside 2023). Another example of this practice came to light in the form of a General Services Administration contract to a manufacturer of a rubber shooting target that critics claim resembles a Black person (Thomas 2022). This contract provided $500,000 worth of shooting targets to undisclosed federal agencies. This bill would prevent California from using similar targets.

Exception of Realistic Simulator and Video Playback. This bill provides exceptions to the use of realistic training simulators and video playback that utilizes live actors from its prohibition of ethnic shooting targets. This allows law enforcement agencies and basic course presenters to continue using training simulators and video playbacks in its training curriculum.

Realistic training simulators are training tools used by law enforcement agencies that immerse trainees into real-world scenarios with live actors. The use of these simulators provides in depth training to reduce the misuse of force and practice de-escalation tactics. Training simulators use live actors from different ethnic backgrounds, providing the opportunity to participate in scenarios ranging from car break-ins to mental health crises. By allowing trainees the opportunity to repetitiously participate in a diverse range of scenarios with a diverse range of live actors, the simulators are intended to reduce the threat of implicit bias interfering during real world contacts with law enforcement. This is especially important during point of contacts where officers are required to make split-second decisions, most of which involves the consideration of whether to engage a use of force.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 9/26/24)

California Faculty Association
California Public Defenders Association
Council on American-islamic Relations, California
County of Los Angeles Board of Supervisors
Ella Baker Center for Human Rights
Office of Los Angeles Mayor Karen Bass

OPPOSITION: (Verified 9/26/24)

California Police Chiefs Association
California State Sheriffs' Association

GOVERNOR'S VETO MESSAGE:

I am returning Senate Bill 1020 without my signature.

This bill would require that law enforcement agencies and instructors adopt policies prohibiting the use of "ethnic shooting targets."

Law enforcement training should not reinforce ethnic biases. But the definition of "ethnic shooting target" in this bill is so broad that it could effectively ban targets with any realistic facial features, undermining efforts by law enforcement to train officers effectively.

ASSEMBLY FLOOR: 55-1, 8/27/24

AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Rendon, Reyes, Luz Rivas, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Villapudua, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Jim Patterson

NO VOTE RECORDED: Alanis, Cervantes, Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Gallagher, Hoover, Irwin, Lackey, Mathis, Ortega, Pacheco, Joe Patterson, Ramos, Rodriguez, Sanchez, Ta, Valencia, Waldron, Wallis

Prepared by: John Duncan / PUB. S. /

10/16/24 14:14:30

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1020

Author:(Bradford)

As Amended Ver:March 19, 2024

Majority vote

SUMMARY

Requires law enforcement agencies and specified basic course presenters that provide basic course training or live-fire firearms training to peace officers to adopt a policy prohibiting the use of ethnic shooting targets for specified trainings, qualifications, competitions, or other range activities.

Major Provisions

1. Requires each law enforcement agency and basic course presenter to have a policy prohibiting the use of ethnic shooting targets for any training, qualification, competition, or other range activities that are sponsored by the agency or presenter, take place on any agency or presenter property, or involve the participation of any agency or presenter personnel or those attending a basic course.
2. Requires this policy to prohibit the provision of ethnic shooting targets to any peace officer or basic course attendee for personal use.
3. Provides that the above requirements do not prohibit the use of a realistic training simulator that utilizes live actors or live actors in video playback.
4. Defines "ethnic shooting target" as any physical range target that depicts a human form or part of a human form that includes skin colors or facial features from which a person might reasonably discern a race or ethnicity of the person depicted, which does not include a silhouette target or a human form target that does not have facial features.
5. Defines "law enforcement agency" to mean any department or agency of the state or any county, city, or other political subdivision thereof that employs any peace officer, as specified, authorized to carry a firearm.
6. Defines "basic course presenter" as any school or other training facility certified by the Commission on Peace Officer Standards and Training ("POST") to provide basic course training or any in-service training to peace officers that involves live-fire firearms training.

COMMENTS

According to the Author

"[i]n a multitude of studies published by the American Psychological Association, researchers established that participants would more quickly shoot an armed target if they were an African American compared to than if they were White. And that they were less likely to shoot an unarmed target if they were White compared to if they were African American. This response time indicates a subconscious racial bias not only for law enforcement officers but for the general public as well. This results in an increased risk of deadly harm towards certain ethnic groups and any law enforcement agency that utilizes shooting targets that represent specific ethnic groups only reinforces this bias.

"The utilization of specific ethnic groups on shooting targets only reinforces the inherent racial bias present in law enforcement that White individuals are less dangerous than individuals from certain ethnic groups. SB 1020 would prohibit the use of ethnic shooting targets by law enforcement agencies. This will start the long process of correcting inherent racial bias that certain ethnic groups are more dangerous than others without any harm to the ability of a law enforcement officer to become more proficient with firearms."

Arguments in Support

According to the Ella Baker Center for Human Rights "[i]n a plethora of studies disseminated by the American Psychological Association, researchers have elucidated a disconcerting trend: participants exhibit swifter reaction times in targeting armed individuals of African American descent compared to their white counterparts. Conversely, there is a reluctance to engage with unarmed targets of white ethnicity when juxtaposed with those of African American descent.

"This discernible discrepancy in response times underscores a profoundly ingrained subconscious bias prevalent among law enforcement personnel and within the broader societal framework. Such biases perpetuate an elevated peril for specific ethnic cohorts, amplifying the propensity for lethal outcomes. Moreover, the continued utilization of shooting targets depicting specific ethnicities serves to perpetuate and reinforce these entrenched prejudices.

"By portraying certain ethnicities as inherently more threatening or less so, law enforcement agencies inadvertently fortify the pervasive notion that individuals of white ethnicity are intrinsically less dangerous. This perpetuation of racial bias not only compromises the integrity of law enforcement practices but also undermines the fundamental principles of equity and justice.

"SB 1020 would prohibit the use of ethnic shooting targets by law enforcement agencies. This will start the long process of correcting inherent racial bias that certain ethnic groups are more dangerous than others without any harm to the ability of a law enforcement officer to become more proficient with firearms."

Arguments in Opposition

According to the California Police Chiefs Association "[i]n firearms training, the course of fire must simulate the physical and mental stress that would be most nearly created by actual field combat situations. The firearms test will minimally include threat assessment, multiple targets, left and right shooting positions using cover and concealment, and multiple shooting positions. In these trainings, realistic targets provide the recruit officer with an opportunity to develop the skills necessary to assess a situation and take appropriate action during stressful situations.

"Studies have shown that people who have not received realistic training tend to hesitate in real life situations because they are forced to process something that is new to them. They need context clues to assess a threat and take appropriate action. Additionally, when the targets turn, the recruit officers have a limited time to assess each target, determine if there is a threat and take appropriate action.

"Realistic looking targets are as close as we can get to a real-world scenario. At the very least, the recruit officers are being provided with realistic context clues that will help them assess the situation and take appropriate action. In training we are trying to condition their minds with the ability to recognize and react quickly and appropriately to a given threat. Failure to provide this training could cause an officer to either hesitate and fail to react to a threat in time, fire and miss a target, or cause them to panic and fire at an unarmed citizen. All these scenarios could end with tragic results. With proper mental conditioning, the officer will be better prepared to react to a threat in the field."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Likely minor and absorbable costs for each affected law enforcement agency and course presenter to adopt a conforming policy. If costs are not absorbable, they may be subject to reimbursement from the General Fund pending a determination by the Commission on State Mandates."

VOTES

SENATE FLOOR: 33-0-7

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil, Grove, Min, Nguyen, Niello, Ochoa Bogh, Seyarto

ASM PUBLIC SAFETY: 5-1-2

YES: McCarty, Stephanie Nguyen, Reyes, Ting, Zbur

NO: Lackey

ABS, ABST OR NV: Alanis, Wilson

ASM APPROPRIATIONS: 11-3-1

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Jim Patterson

ABS, ABST OR NV: Ta

UPDATED

VERSION: March 19, 2024

CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0003717

Date of Hearing: July 2, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 1020

Author:(Bradford) – As Amended Ver:March 19, 2024

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

SUMMARY:

This bill requires each law enforcement agency and basic course presenter certified by the Commission on Peace Officer Standards to have a policy prohibiting the use of ethnic shooting targets for any training, qualification, competition, or other range activity sponsored by the agency or presenter.

The bill permits the use of a realistic training simulator that uses live actors or live actors in video playback.

The bill defines “ethnic shooting target” to mean any physical range target that depicts a human form or part of a human form that includes skin colors or facial features from which a person might reasonably discern a race or ethnicity of the person depicted. The definition excludes a silhouette target or a human form target that does not have facial features.

FISCAL EFFECT:

Likely minor and absorbable costs for each affected law enforcement agency and course presenter to adopt a conforming policy. If costs are not absorbable, they may be subject to reimbursement from the General Fund pending a determination by the Commission on State Mandates.

COMMENTS:

1. Purpose. According to the author:

In a multitude of studies published by the American Psychological Association, researchers established that participants would more quickly shoot an armed target if they were an African American compared to than if they were White. And that they were less likely to shoot an unarmed target if they were White compared to if they were African American. This response time indicates a subconscious racial bias not only for law enforcement officers but for the general public as well. This results in an increased risk of deadly harm towards certain ethnic groups and any law enforcement agency that utilizes shooting targets that represent specific ethnic groups only reinforces this bias.

The utilization of specific ethnic groups on shooting targets only reinforces the inherent racial bias present in law enforcement that White individuals are less dangerous than individuals from certain ethnic groups. SB 1020 would prohibit the use of ethnic shooting targets by law enforcement agencies. This will start the long process of correcting inherent racial bias that certain ethnic groups are more dangerous than others without any harm to the ability of a law enforcement officer to become more proficient with firearms.

1. Background. Implicit bias refers to a person’s unconscious preferences or associations based on stereotypes or attitudes about a social group. Research has shown that implicit bias can change the way a person feels and acts toward other people based on characteristics such as race, ethnicity, age, and appearance. Seeking to reduce the role of implicit racial bias in peace officer firearms training, this bill prohibits the use of ethnic shooting targets by law enforcement agencies and basic course presenters who teach current and prospective officers on shooting ranges. Incidence of use of ethnic shooting targets by California law enforcement agencies and basic course presenters is unknown.
2. Support and Opposition. In support of this bill, the California Public Defenders Association writes:

SB 1020 seeks to address inherent racial bias that certain ethnic groups are more dangerous than others by ensuring that implicit bias is not built into law enforcement shooting training. Addressing racial bias is key to ensuring that all people, regardless of ethnicity, are treated fairly by the criminal justice system.

In opposition, the California State Sheriffs’ Association writes:

The goal for range training and qualification is to ensure peace officers are best equipped to do their jobs safely and effectively. In order to accomplish this, training materials must be realistic. There is no real way to accomplish both the realism necessary for appropriate training and the restrictions against using targets that have some sort of skin color and/or facial feature, even if they are designed to be as “neutral” as possible.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: June 18, 2024

Counsel: Ilan Zur

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Kevin McCarty, Chair

SBPCA Bill Id:SB 1020

Author:(Bradford) – As Amended Ver:March 19, 2024

SUMMARY: Requires law enforcement agencies and specified basic course presenters that provide basic course training or live-fire firearms training to peace officers to adopt a policy prohibiting the use of ethnic shooting targets for specified trainings, qualifications, competitions, or other range activities. Specifically, this bill:

1. Requires each law enforcement agency and basic course presenter to have a policy prohibiting the use of ethnic shooting targets for any training, qualification, competition, or other range activities that are sponsored by the agency or presenter, take place on any agency or presenter property, or involve the participation of any agency or presenter personnel or those attending a basic course.
2. Requires this policy to prohibit the provision of ethnic shooting targets to any peace officer or basic course attendee for personal use.
3. Provides that the above requirements do not prohibit the use of a realistic training simulator that utilizes live actors or live actors in video playback.
4. Defines “ethnic shooting target” as any physical range target that depicts a human form or part of a human form that includes skin colors or facial features from which a person might reasonably discern a race or ethnicity of the person depicted, which does not include a silhouette target or a human form target that does not have facial features.
5. Defines “law enforcement agency” to mean any department or agency of the state or any county, city, or other political subdivision thereof that employs any peace officer, as specified, authorized to carry a firearm.
6. Defines “basic course presenter” as any school or other training facility certified by the Commission on Peace Officer Standards and Training (“POST”) to provide basic course training or any in-service training to peace officers that involves live-fire firearms training.

EXISTING LAW:

1. Designates specified persons who meet all standards imposed by law on a peace officer, as a peace officer. (Pen. Code, § 830-832.18.)
2. Establishes POST to set minimum standards for the recruitment and training of peace officers, develop training courses and curriculum, and establish a professional certificate program that awards different levels of certification based on training, education, experience, and other relevant prerequisites. (Pen. Code, §§ 13500 et seq.)
3. Requires POST, operative January 1, 2026, to establish a definition of “biased conduct” that, at a minimum, includes all of the following:
   1. Provides biased conduct includes any conduct, including, but not limited to, conduct online, such as social media use, engaged in by a peace officer in any encounter with the public, first responders, or employees of specified criminal justice agencies, motivated by bias toward any person’s protected class or characteristic, whether actual or perceived, as specified;
   2. Provides that biased conduct may result from implicit and explicit biases;
   3. Provides that conduct is biased if a reasonable person with the same training and experience would conclude, based upon the facts that the officer’s conduct resulted from bias towards that person’s membership in a protected class, as specified; and,
   4. Provides an officer need not admit biased or prejudiced intent for conduct to be determined to be biased conduct. (Pen. Code, § 13510.6, subd. (a).)
4. Requires POST, to adopt a definition of “serious misconduct” that shall serve as the criteria to be considered ineligibility for, or revocation of, certification that shall include demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner. (Pen. Code, § 13510.8, subd. (b).)
5. Requires a law enforcement agency to determine whether the conduct being investigated constitutes “biased conduct,” when investigating any bias-related complaint or incident that involves possible indications of officer bias. (Pen. Code, § 13510.6, subd. (b).)
6. Requires POST to develop guidelines and trainings for peace officers on the racial and cultural differences among residents in California, which shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment. (Pen. Code, § 13519.4, subd. (a).)
7. Establishes the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement. (Pen. Code, § 13519.4, subd. (j).)
8. Prohibits peace officers from engaging in racial or identity profiling. (Pen. Code, § 13519.4, subd. (a).)
9. Requires the course of basic training for peace officers to include adequate instruction on racial, identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. (Pen. Code, § 13519.4, subd. (b).)
10. Requires the above curriculum to be evidence-based, examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias, and patterns, practices, and protocols that prevent racial or identity profiling. (Pen. Code, § 13519.4, subd. (h).)
    
11. Requires POST to implement a course of instruction for the training of law enforcement officers in the use of force, and guidelines for adoption and promulgation by California law enforcement agencies for use of force and such instructions and guidelines shall safeguard the life, dignity, and liberty of all persons, without prejudice to anyone. (Pen. Code, § 13519.10, subd. (a).)
12. Provides such course and guidelines shall include all of the following:
    1. Legal standards for use of force;
    2. Duty to intercede;
    3. The use of objectively reasonable force;
    4. Supervisory responsibilities;
    5. Use of force review and analysis;
    6. Guidelines for the use of deadly force;
    7. State required reporting;
    8. De-escalation and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence;
    9. Implicit and explicit bias and cultural competency;
    10. Skills including de-escalation techniques to effectively, safely, and respectfully interact with people with disabilities or behavioral health issues;
    11. Use of force scenario training including simulations of low-frequency, high-risk situations and calls for service, shoot-or-don’t-shoot situations, and real-time force option decision-making;
    12. Alternatives to the use of deadly force and physical force, so that de-escalation tactics and less lethal alternatives are, where reasonably feasible, part of the decision-making process leading up to the consideration of deadly force;
    13. Mental health and policing, including bias and stigma;
    14. Using public service, including the rendering of first aid, to provide a positive point of contact between law enforcement officers and community members to increase trust and reduce conflicts. (Pen. Code, § 13519.10 (a).)
13. Provides that the minimum content requirement for specified instructor courses for peace officers includes target analysis and assessment. (Cal. Code Regs., tit. 11, § 1082, subd. (d).)

FISCAL EFFECT: Unknown.

COMMENTS:

1. Author's Statement: According to the author, "[i]n a multitude of studies published by the American Psychological Association, researchers established that participants would more quickly shoot an armed target if they were an African American compared to than if they were White. And that they were less likely to shoot an unarmed target if they were White compared to if they were African American. This response time indicates a subconscious racial bias not only for law enforcement officers but for the general public as well. This results in an increased risk of deadly harm towards certain ethnic groups and any law enforcement agency that utilizes shooting targets that represent specific ethnic groups only reinforces this bias.

The utilization of specific ethnic groups on shooting targets only reinforces the inherent racial bias present in law enforcement that White individuals are less dangerous than individuals from certain ethnic groups. SB 1020 would prohibit the use of ethnic shooting targets by law enforcement agencies. This will start the long process of correcting inherent racial bias that certain ethnic groups are more dangerous than others without any harm to the ability of a law enforcement officer to become more proficient with firearms.”

1. Use of Ethnic Targets by California Law Enforcement Agencies: California law enforcement agencies appear to use utilize ethnic targets in the training of their officers. This is noted by letters submitted by law enforcement associations in opposition to SB 1020.”^[1] Further, companies that sell shooting range targets that are registered with the Secretary of State to do business in California and specifically advertise their targets law enforcement agencies also sell ethnic targets.^[2] Common examples of ethnic targets include targets of images of persons of different ethnicities holding a gun, reaching for a cellphone, holding hostage captive, or holding their hands up.

Unfortunately, the specific types of ethnic targets being used by particular California law enforcement agencies are largely not available to the public. This makes it difficult to determine the extent and type of use of such ethnic targets. However, considering the number of California businesses asserting to sell ethnic targets to law enforcement agencies and the comments made in letters pertaining to this bill it is reasonable to infer that ethnic targets are frequently used by law enforcement agencies in California. The lack of information surrounding the extent and type of use of ethnic targets, combined with the absence of statutory rules on this issue, suggests legislative guidelines on the types of targets that can be used by law enforcement agencies may be helpful.

Ethnic targets have been used in harmful ways that perpetuate racial bias and stereotypes surrounding which racial groups are more dangerous. First, some companies that sell shooting targets specifically advertise certain types of ethnic targets.^[3] Second, in 2020 a member of the California Correctional Peace Officers Association was found to have placed the image of a Black man on a shooting target.^[4] The particular image was of Reggie Jones-Sawyer, an elected official and former chair of this committee. Third, in 2023 it was revealed that a Georgia police was utilizing targets of armed Black men wearing a beanie in their firearms training, resulting in strong public condemnation.^[5] In that instance, the use of the target was only revealed when the particular police department errantly posted images of officers shooting at the target on social media.

Fourth, some companies that sell shooting targets to law enforcement agencies only sell targets that resemble Black men. Most notably, in 2022 it came to light that a company selling that specifically advertises its services to law enforcement agencies was awarded a $500,000 General Services Administration (GSA) certification permitting the company to sell a rubber dummies for target practice to U.S. government agencies through 2024.^[6] The specific rubber dummy product that this company sells resembles a Black man (see below)^[7]. This product is available for purchase on the company’s website as well as on large-scale retail platforms such as Amazon.^[8] It need not be said, but permitting law enforcement agencies to train their officers using targets that disproportionately resemble Black men may reinforce existing bias that certain ethnicities are inherently more dangerous than others, which can contribute to racial bias in shoot/don’t shoot decisions.

*Ethnic target product sold to U.S. government agencies for target practice as part of a $500,000 contract with the GSA.

1. Racial Disparities in Police Use of Force and Stops: There are significant racial disparities in police-shootings. Data from 2016-2019 indicates that approximately 250 people are shot by police each year, and about 195 people are killed due to interactions from California law enforcement.^[9] Gunshot wounds are the leading cause of fatalities in police encounters.^[10] Most notably, Black Californians are approximately three times more likely to be seriously injured, shot, or killed by the police, relative to their portion of the population.^[11] Specifically, while Black Californians represent approximately 6% of California’s population they represent between 16 to 19% of police fatalities. Similarly, Latinos are also disproportionately impacted by police killings, representing 45% percent of police fatalities, but about 39% of California’s population. In contrast White Californians are underrepresented in police killings; comprising about 33% of police fatalities and 37% of California’s populations.^[12] Asian and Pacific Islanders are similarly underrepresented in police fatalities.^[13] These racial disparities are similarly reflected in other police decisions such as police stops. For example, initial Racial and Identity Profiling Act (RIPA) data from July 1, and December 31, 2018. found “[w]hile African Americans make up roughly 6% of the population in the [reported] jurisdictions, they made up slightly more than 15% of all stops.^[14]
2. Racial Bias in Simulated Shoot/Don’t Shoot Decisions: Studies similarly demonstrate that racial bias is present in simulated decisions pertaining to whether to shoot. One study found that when using a videogame simulator in which participants were told to shoot armed targets and not to shoot unarmed targets, “[w]hite participants made the correct decision to shoot an armed target more quickly if the target was African American than if he was White but decided to ‘not shoot’ an unarmed target more quickly if they were White.”^[15] Other studies testing racial bias in simulated decisions to shoot similarly show that “Black targets are shot more frequently and more quickly than Whites.”^[16] These findings are consistent for peace officers as well. A study specific to police officers shooting decisions, indicated that police also demonstrate “robust racial bias in response speed” in simulated decisions to shoot or not shoot Black and White targets, although officers outperformed non-police participants on other measures such as overall speed and accuracy.^[17]
3. Is there a Role for Ethnic Targets in Implicit Bias Training? Law enforcement training that intentionally utilizes ethnic targets for the purpose of identifying and reducing racial bias, may be able to reduce racial bias in police shoot/don’t shoot decisions. Studies indicate that “repeated exposure to Black and White suspects when race is not a diagnostic cue as to whether the suspect is holding a gun results in less biased and more accurate decisions about when to shoot.”^[18] Additionally, in a Stanford study, participants were placed in a simulated game where they were told to shoot only when they saw a weapon, and the game was designed so that Black and White suspects were equally likely to be paired with weapons (in an attempt to break implicit bias that a Black suspect was more likely to possess a weapon.)^[19] The study found that participants who participated in this simulation, compared with a separate control group, were subsequently less likely to shoot unarmed Black suspects than those in the control group, suggesting that counter-stereotypic training may be capable of reducing bias in shoot/don’t shoot decisions.^[20] A separate study similarly fond that “bias can be reduced and even eliminated by exposure to counter stereotypic information.”^[21] Lastly, another peer review study has found that “police training may actually reduce Shooter Bias by rendering the gun/no-gun decision more automatic for officers.”^[22]

The above studies suggest it may be possible for ethnic targets to be used in a way to identity racial bias among cadet shoot/don’t shoot decisions and potentially reduce such bias by intentionally utilizing armed or unarmed ethnic targets to expose counter-stereotypic information as previously noted. Phrased differently, research suggest that utilizing ethnic targets in such a way could have a positive impact in training cadets on their own implicit bias. As such, banning ethic targets may create the unintended consequence of eliminating an avenue to reduce racial bias in police.

While it may be possible for ethnic targets to have positive training applications, it is less clear if that is how ethnic targets are actually being used. Rather, the racial disparities in police shootings and shoot/don’t shoot decisions, and available information about the type of ethnic targets sold in California, indicate that ethnic targets may be being used in harmful ways that reinforce racial stereotypes that certain ethnicities are inherently more threatening than others. To preserve the potential value of utilizing ethnic targets as an implicit bias training tool, the author may wish to consider an amendment only permitting the use of ethnic targets as a means to train officers in implicit bias and reduce such bias in police shoot/don’t shoot decisions. While SB 1020 exempts realistic training simulators utilizing live actors from its application, such simulators are typically expensive and may not be widely available to all law enforcement agencies in the state, leaving non-simulator targets as the primary means of law enforcement target training.

The author may also wish to minimize the administrative burden of the bill, by simply prohibiting the use of ethnic targets (unless otherwise exempted), rather than requiring law enforcement agencies to adopt policies prohibiting such targets.

1. Argument in Support: According to the Ella Baker Center for Human Rights “[i]n a plethora of studies disseminated by the American Psychological Association, researchers have elucidated a disconcerting trend: participants exhibit swifter reaction times in targeting armed individuals of African American descent compared to their white counterparts. Conversely, there is a reluctance to engage with unarmed targets of white ethnicity when juxtaposed with those of African American descent.

“This discernible discrepancy in response times underscores a profoundly ingrained subconscious bias prevalent among law enforcement personnel and within the broader societal framework. Such biases perpetuate an elevated peril for specific ethnic cohorts, amplifying the propensity for lethal outcomes. Moreover, the continued utilization of shooting targets depicting specific ethnicities serves to perpetuate and reinforce these entrenched prejudices.

“By portraying certain ethnicities as inherently more threatening or less so, law enforcement agencies inadvertently fortify the pervasive notion that individuals of white ethnicity are intrinsically less dangerous. This perpetuation of racial bias not only compromises the integrity of law enforcement practices but also undermines the fundamental principles of equity and justice.

“SB 1020 would prohibit the use of ethnic shooting targets by law enforcement agencies. This will start the long process of correcting inherent racial bias that certain ethnic groups are more dangerous than others without any harm to the ability of a law enforcement officer to become more proficient with firearms.”

1. Argument in Opposition: According to the California Police Chiefs Association “[i]n firearms training, the course of fire must simulate the physical and mental stress that would be most nearly created by actual field combat situations. The firearms test will minimally include threat assessment, multiple targets, left and right shooting positions using cover and concealment, and multiple shooting positions. In these trainings, realistic targets provide the recruit officer with an opportunity to develop the skills necessary to assess a situation and take appropriate action during stressful situations.

“Studies have shown that people who have not received realistic training tend to hesitate in real life situations because they are forced to process something that is new to them. They need context clues to assess a threat and take appropriate action. Additionally, when the targets turn, the recruit officers have a limited time to assess each target, determine if there is a threat and take appropriate action.

“Realistic looking targets are as close as we can get to a real-world scenario. At the very least, the recruit officers are being provided with realistic context clues that will help them assess the situation and take appropriate action. In training we are trying to condition their minds with the ability to recognize and react quickly and appropriately to a given threat. Failure to provide this training could cause an officer to either hesitate and fail to react to a threat in time, fire and miss a target, or cause them to panic and fire at an unarmed citizen. All these scenarios could end with tragic results. With proper mental conditioning, the officer will be better prepared to react to a threat in the field.”

1. Related Legislation: None
   
2. Prior Legislation: None

REGISTERED SUPPORT / OPPOSITION:

Support

California Public Defenders Association
Council on American-Islamic Relations, California
County of Los Angeles Board of Supervisors
Ella Baker Center for Human Rights
Office of Los Angeles Mayor Karen Bass

Oppose

California Police Chiefs Association
California State Sheriffs' Association

Analysis Prepared by: Ilan Zur

1. See California Police Chiefs Association Opposition Letter (June 13, 2024) (noting the use of realistic targets in training and that “[r]ealistic looking targets are as close as we can get to a real-world scenario). See also California state Sheriff’s Association Opposition Letter (June 13, 2024) (noting the need for realistic training materials demand the use of targets that have “some sort of skin color and/or facial feature.” ↑

2. LA Police Gear, Targets [accessed June 12, 2024], available at: https://lapolicegear.com/shooting/range-shooting-gear/shooting-targets.html; Qualification Targets Inc., Shooting Targets [accessed June 12, 2024], available at: https://targets.net/collections/targets; Action Target, California [accessed June 12, 2024], available at: https://shop.actiontarget.com/prodcat/papercardboard-statequalification-ca.asp?page=1. ↑

3. Torres Targets, Terrorist Targets [accessed June 12, 2024], available at: https://www.torrestargets.com/targets/paper-targets/photo-shooting-targets/terrorist-targets/?page=1 ↑

4. Anita Chabria, California prison guard union places bull’s-eye on Black lawmaker’s photo in political ad [Sept. 17, 2020], available at: https://www.latimes.com/california/story/2020-09-17/california-prison-guard-union-target-reggie-jones-sawyer ↑

5. Claretta Bellamy, Georgia police department under investigation for using photo of a Black man for target practice [June 22, 2023], available at: https://www.nbcnews.com/news/nbcblk/georgia-police-department-investigation-using-photo-black-man-target-p-rcna90658 ↑

6. Thomas, S. [2022, April 27]. The government is supplying federal agencies with a shooting target that resembles a black man. The Trace. https://www.thetrace.org/2022/04/rubber-dummie-target-racism-tracy-brown/ ↑

7. Rubber Dummies, Rubber Dummie EP Starter Kit [accessed June 12, 2024], available at: https://www.rubberdummies.com/product/rubber-dummie-2-0-starter-kit/ ↑

8. Amazon, Self Healing Shooting Targets for the Range [accessed June 12, 2024], available at: https://www.amazon.com/Reactive-Shooting-Targets-Thousands-Included/dp/B0D3Y28P22/ref=sr_1_1?dib=eyJ2IjoiMSJ9.ItqxVMMjZSraTfCVhzvZpMznXNfn8ZVQm8x7RpYLzjrH_ENoGgnhOoKXXTdtyxlKFfcQdwXGMl-PbvY410JBWRJG9bFbQ3hivH-m4Z1XY0vAeaHgHYyqZ1fTuG6HiHFit30B_8tF1Yi4MPM3ypqBqpiz6hdjnLsrLQkIoZubUFiBM30BiBBaKlxJRTpWxMTWzbRJRc5hFE9lWb6bgU3GHh2WjCKZKLcRz8TEGh0wyQF-hF9FqlPxBKfv0ehqlcuTgdoHYCBhaPrjyDoEsm7NzpAwOsvD8BftFmhiaoSo-Z4.wJP2h-aZfiW-N9DYGUFf5JkO2w3MwIcPdlx42nCuZ40&dib_tag=se&keywords=rubber%2Bdummies&qid=1718234764&sr=8-1&th=1 ↑

9. Id. ↑

10. Id. ↑

11. Id. ↑

12. Id. ↑

13. Id. ↑

14. Public Policy Institute of California, African Americans are Notably Overrepresented in Police Stops (Aug. 13, 2020), available at: https://www.ppic.org/blog/african-americans-are-notably-overrepresented-in-police-stops/ ↑

15. Correll et. al., The Police Officer’s Dilemma: Using Ethnicity to Disambiguate Potentially Threatening Individuals, Journal of Personality and Social Psychology, 6:83 (2002), p. 1314. Available at: https://faculty.washington.edu/jdb/345/345%20Articles/Correll%20et%20al.pdf ↑

16. Pleskac, et. al., How race affects evidence accumulation during the decision to shoot, Psychon Bull Rev. 25, 1301 (Aug. 2018), available at: https://link.springer.com/content/pdf/10.3758/s13423-017-1369-6.pdf ↑

17. Park, et. al., Across the thin blue line: Police officers and racial bias in the decision to shoot (2007) Journal of Personality and Social Psychology, 92(6), 1006–1023, available at: https://typeset.io/papers/across-the-thin-blue-line-police-officers-and-racial-bias-in-2g958e1sil ↑

18. Cynthia Lee, Race, Policing, and Lethal force: Remedying Shooter Bias with Martial Arts Training, George Washington University Law School (2016), available at: https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2476&context=faculty_publications ↑

19. Stanford, Practice Reduces Prejudice, available at: https://sparq.stanford.edu/solutions/practice-reduces-prejudice ↑

20. Ibid. ↑

21. Correll et. al., the influence of stereotypes on decisions to shoot, European Journal of Social Psychology, 37: 1102-1117 (2007), p. 1107, available at: https://sparq.stanford.edu/sites/g/files/sbiybj19021/files/media/file/correll_et_al._2007_-_the_influence_of_stereotypes_on_decisions_to_shoot.pdf ↑

22. Correll et. al., The Police Officer’s Dilemma: Using Ethnicity to Disambiguate Potentially Threatening Individuals, Journal of Personality and Social Psychology, 6:83 (2002), p. 1328. Available at: https://faculty.washington.edu/jdb/345/345%20Articles/Correll%20et%20al.pdf ↑

 THIRD READING  

Bill No: SB 1020

Author: Bradford (D)

Amended: 3/19/24

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 4-0, 4/16/24

AYES: Wahab, Bradford, Skinner, Wiener

NO VOTE RECORDED: Seyarto

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Law enforcement agency regulations: shooting range targets

SOURCE: Author

DIGEST:

This bill prohibits law enforcement agencies and basic course presenters from using ethnic shooting targets for range activities that are sponsored by the agency or presenter.

ANALYSIS:

Existing law:

1. Regulates law enforcement training.
2. Defines biased conduct as conduct that “motivated by bias toward any person’s protected class or characteristic, whether actual or perceived”. (Penal Code (Pen. Code) § 13510.6)
3. Asserts that biased conduct may result from implicit and explicit biases. (Pen. Code § 13510.6)
4. Requires that law enforcement training must stress understanding and respect for racial, identity, and cultural differences, and must be based in an evidence-based curriculum to prevent racial or identity profiling. (Pen. Code § 13519.4)
5. Requires that law enforcement use of force training courses shall include implicit and explicit bias and cultural competency components. (Pen. Code § 13519.10)
6. Acknowledges the important concern that both communities and law enforcement have for the use of force. (Pen. Code § 13519.10)
7. Provides that a law enforcement officer exhibiting bias or animus towards a defendant because of their race, ethnicity, or national origin may be grounds to declare a mistrial, dismiss charges, or vacate a sentence, as specified. (Pen. Code § 745, subd. (e))
8. Defines “bias motivation” for purposes of adopting law enforcement hate crimes policy as a preexisting negative attitude toward actual or perceived characteristics such as disability, gender, race, religion, and other enumerated traits. (Pen. Code § 422.87)

This bill:

1. Prohibits law enforcement agencies and basic course presenters from using or providing ethnic shooting targets during range activities.
2. Prohibits agencies from providing peace officers and basic course attendees ethnic shooting targets for personal use.
3. Defines “ethnic shooting target” as a physical range target that depicts a human form or part of a human form that includes skin colors or facial features from which a person might reasonably discern a race or ethnicity of the person depicted.
4. Provides an exemption for realistic training simulators and video playbacks that use live actors.

Background

Use of Ethnic Shooting Targets. Currently there is no knowledge of any California law enforcement agency using shooting targets similar to the aforementioned. However, there are accounts of police departments and federal agencies using shooting targets that resemble particular pictures of people and rubber shooting targets that resemble certain racial groups. Last year, a social media post from a Georgia police department showed a firearms safety course using a shooting target depicting a Black man with a gun, the department subsequently apologized for the use of the target and claimed that it was a part of group of targets that depicted other races as well (Burnside 2023). Another example of this practice came to light in the form of a General Services Administration contract to a manufacturer of a rubber shooting target that critics claim resembles a Black person (Thomas 2022). This contract provided $500,000 worth of shooting targets to undisclosed federal agencies. This bill would prevent California from using similar targets.

Exception of Realistic Simulator and Video Playback. This bill provides exceptions to the use of realistic training simulators and video playback that utilizes live actors from its prohibition of ethnic shooting targets. This allows law enforcement agencies and basic course presenters to continue using training simulators and video playbacks in its training curriculum.

Realistic training simulators are training tools used by law enforcement agencies that immerse trainees into real-world scenarios with live actors. The use of these simulators provides in depth training to reduce the misuse of force and practice de-escalation tactics. Training simulators use live actors from different ethnic backgrounds, providing the opportunity to participate in scenarios ranging from car break-ins to mental health crises. By allowing trainees the opportunity to repetitiously participate in a diverse range of scenarios with a diverse range of live actors, the simulators are intended to reduce the threat of implicit bias interfering during real world contacts with law enforcement. This is especially important during point of contacts where officers are required to make split-second decisions, most of which involves the consideration of whether to engage a use of force.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 5/6/24)

California Public Defenders Association

Council on American-Islamic Relations, California

Ella Baker Center for Human Rights

OPPOSITION: (Verified 5/6/24)

California Police Chiefs Association

California State Sheriffs' Association

ARGUMENTS IN SUPPORT: According to the California Public Defenders Association:

SB 1020 requires law enforcement agencies and law enforcement training facilities to have policies prohibiting the use of ethnic shooting targets when conducting trainings, qualifications, competitions, or other range activities. It also prohibits the providing of ethnic shooting targets to peace officers and basic course attendees for their personal use.

Research demonstrates that when presented with Black targets, individuals are more likely to shoot targets depicting armed Black people compared to White people and less likely to shoot unarmed targets depicting White people compared to Black people (Correll, Judd, and Wittenbrink 2002) (Correll, Judd, Wittenbrink, Sadler, and Keesee 2007). This research indicates a subconscious racial bias that results in an increased risk of deadly harm towards certain ethnic groups. By law enforcement agencies utilizing shooting targets that represent these ethnic groups, it only reinforces the bias that these ethnic groups are more dangerous than others and creates an increased risk of deadly harm towards these ethnic groups by law enforcement.

SB 1020 seeks to address inherent racial bias that certain ethnic groups are more dangerous than others by ensuring that implicit bias is not built into law enforcement shooting training. Addressing racial bias is key to ensuring that all people, regardless of ethnicity, are treated fairly by the criminal justice system. For these reasons, we urge you to support SB 1020.

ARGUMENTS IN OPPOSITION: According to the California State Sheriff’s Association:

[…[ We are opposed to your measure, Senate Bill 1020, which would prohibit the use of ethnic shooting targets for any training, qualification, competition, or other range activities that are sponsored by the agency or presenter, take place on any agency or presenter property, or involve the participation of any agency or presenter personnel or those attending a basic course.

The goal for range training and qualification is to ensure peace officers are best equipped to do their jobs safely and effectively. In order to accomplish this, training materials must be realistic. There is no real way to accomplish both the realism necessary for appropriate training and the restrictions against using targets that have some sort of skin color and/or facial feature, even if it is designed to be as “neutral” as possible.

The bill also overreaches by attempting to limit participation of presenters or course attendees in trainings or courses that are not under the direct control of the restricted agency. SB 1020 would also likely have a fiscal impact on agencies by requiring them to purchase new target materials that comply with the terms of the bill, including having to replace already acquired materials.

Prepared by: John Duncan / PUB. S. /

5/7/24 12:02:17

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: SB 1020 Hearing Date: April 16, 2024

Subject: Law enforcement agency regulations: shooting range targets

HISTORY

Source: Author

Prior Legislation: None

Support: California Public Defenders Association; Council on American-Islamic Relations, California

Opposition: California Police Chiefs Association; California State Sheriffs' Association

PURPOSE

The purpose of this bill is to prohibit law enforcement agencies and basic course presenters from using ethnic shooting targets for range activities that are sponsored by the agency or presenter.

Existing law generally regulates law enforcement training.

Existing Law defines biased conduct as conduct that “motivated by bias toward any person’s protected class or characteristic, whether actual or perceived” (Penal Code § 13510.6).

Existing Law asserts that biased conduct may result from implicit and explicit biases (Penal Code § 13510.6).

Existing Law requires that law enforcement training must stress understanding and respect for racial, identity, and cultural differences, and must be based in an evidence-based curriculum to prevent racial or identity profiling (Penal Code § 13519.4).

Existing Law requires that law enforcement use of force training courses shall include implicit and explicit bias and cultural competency components (Penal Code § 13519.10).

Existing Law acknowledges the important concern that both communities and law enforcement have for the use of force (Penal Code § 13519.10).

Existing law provides that a law enforcement officer exhibiting bias or animus towards a defendant because of their race, ethnicity, or national origin may be grounds to declare a mistrial, dismiss charges, or vacate a sentence, as specified. (Pen. Code, § 745, subd. (e).)

Existing law defines “bias motivation” for purposes of adopting law enforcement hate crimes policy as a preexisting negative attitude toward actual or perceived characteristics such as disability, gender, race, religion, and other enumerated traits. (Pen. Code, § 422.87.)

This bill prohibits law enforcement agencies and basic course presenters from using or providing ethnic shooting targets during range activities.

This bill prohibits agencies from providing peace officers and basic course attendees ethnic shooting targets for personal use.

This bill defines “ethnic shooting target” as a physical range target that depicts a human form or part of a human form that includes skin colors or facial features from which a person might reasonably discern a race or ethnicity of the person depicted.

This bill provides an exemption for realistic training simulators and video playbacks that use live actors.

COMMENTS

1. Need For This Bill

According to the author:

In a multitude of studies published by the American Psychological Association, researchers established that participants would more quickly shoot an armed target if they were an African American compared to than if they were White. And that they were less likely to shoot an unarmed target if they were White compared to if they were African American. This response time indicates a subconscious racial bias not only for law enforcement officers but for the general public as well. This results in an increased risk of deadly harm towards certain ethnic groups and any law enforcement agency that utilizes shooting targets that represent specific ethnic groups only reinforces this bias.

The utilization of specific ethnic groups on shooting targets only reinforces the inherent racial bias present in law enforcement that White individuals are less dangerous than individuals from certain ethnic groups. SB 1020 would prohibit the use of ethnic shooting targets by law enforcement agencies. This will start the long process of correcting inherent racial bias that certain ethnic groups are more dangerous than others without any harm to the ability of a law enforcement officer to become more proficient with firearms.

1. Use of Ethnic Shooting Targets

Currently there is no knowledge of any California law enforcement agency using shooting targets similar to the aforementioned. However, there are accounts of police departments and federal agencies using shooting targets that resemble particular pictures of people and rubber shooting targets that resemble certain racial groups. Last year, a social media post from a Georgia police department showed a firearms safety course using a shooting target depicting a Black man with a gun, the department subsequently apologized for the use of the target and claimed that it was a part of group of targets that depicted other races as well.^[1] Another example of this practice came to light in the form of a General Services Administration (GSA) contract to a manufacturer of a rubber shooting target that critics claim resembles a Black person.^[2] This contract provided $500,000 worth of shooting targets to undisclosed federal agencies. This bill would prevent California from using similar targets.

1. Exception of Realistic Simulator and Video Playback

This bill provides exceptions to the use of realistic training simulators and video playback that utilizes live actors from its prohibition of ethnic shooting targets. This allows law enforcement agencies and basic course presenters to continue using training simulators and video playbacks in its training curriculum.

Realistic training simulators are training tools used by law enforcement agencies that immerse trainees into real-world scenarios with live actors. The use of these simulators provides in depth training to reduce the misuse of force and practice de-escalation tactics. Training simulators use live actors from different ethnic backgrounds, providing the opportunity to participate in scenarios ranging from car break-ins to mental health crises. By allowing trainees the opportunity to repetitiously participate in a diverse range of scenarios with a diverse range of live actors, the simulators are intended to reduce the threat of implicit bias interfering during real world contacts with law enforcement. This is especially important during point of contacts where officers are required to make split-second decisions, most of which involves the consideration of whether to engage a use of force.

1. Argument in Support

According to the California Public Defenders Association:

SB 1020 requires law enforcement agencies and law enforcement training facilities to have policies prohibiting the use of ethnic shooting targets when conducting trainings, qualifications, competitions, or other range activities. It also prohibits the providing of ethnic shooting targets to peace officers and basic course attendees for their personal use.

Research demonstrates that when presented with Black targets, individuals are more likely to shoot targets depicting armed Black people compared to White people and less likely to shoot unarmed targets depicting White people compared to Black people.^[3][4] This research indicates a subconscious racial bias that results in an increased risk of deadly harm towards certain ethnic groups. By law enforcement agencies utilizing shooting targets that represent these ethnic groups, it only reinforces the bias that these ethnic groups are more dangerous than others and creates an increased risk of deadly harm towards these ethnic groups by law enforcement.

SB 1020 seeks to address inherent racial bias that certain ethnic groups are more dangerous than others by ensuring that implicit bias is not built into law enforcement shooting training. Addressing racial bias is key to ensuring that all people, regardless of ethnicity, are treated fairly by the criminal justice system. For these reasons, we urge you to support SB 1020.

For the above reasons, on behalf of CPDA, we respectfully urge your “YES” vote on SB 1020

1. Argument in Opposition

According to California State Sheriff’s Association:

On behalf of the California State Sheriffs’ Association (CSSA), I regret to inform you that we are opposed to your measure, Senate Bill 1020, which would prohibit the use of ethnic shooting targets for any training, qualification, competition, or other range activities that are sponsored by the agency or presenter, take place on any agency or presenter property, or involve the participation of any agency or presenter personnel or those attending a basic course.

The goal for range training and qualification is to ensure peace officers are best equipped to do their jobs safely and effectively. In order to accomplish this, training materials must be realistic. There is no real way to accomplish both the realism necessary for appropriate training and the restrictions against using targets that have some sort of skin color and/or facial feature, even if it is designed to be as “neutral” as possible.

The bill also overreaches by attempting to limit participation of presenters or course attendees in trainings or courses that are not under the direct control of the restricted agency. SB 1020 would also likely have a fiscal impact on agencies by requiring them to purchase new target materials that comply with the terms of the bill, including having to replace already acquired materials.

For these reasons, CSSA is respectfully opposed to SB 1020.

-- END –

1. Burnside, T. (2023, June 23). Georgia Police Department under investigation for allegedly using an image of a black man as a shooting target during a safety class. CNN. https://www.cnn.com/2023/06/23/us/georgia-police-black-man-shooting-target/index.html ↑

2. Thomas, S. (2022, April 27). The government is supplying federal agencies with a shooting target that resembles a black man. The Trace. https://www.thetrace.org/2022/04/rubber-dummie-target-racism-tracy-brown/ ↑

3. Correll, J., Park, B., Judd, C. M., & Wittenbrink, B. (2002). The police officer’s dilemma: using ethnicity to disambiguate potentially threatening individuals. Journal of Personality and Social Psychology, 83(6), 1314–1329 doi:10.1037/0022-3514.83.6.1314 ↑

4. Correll, J., Park, B., Judd, C. M., Wittenbrink, B., Sadler, M. S., & Keesee, T. (2007). Across the thin blue line: Police officers and racial bias in the decision to shoot. Journal of Personality and Social Psychology, 92(6), 1006–1023. doi:10.1037/0022-3514.92.6.1006 ↑