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<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Alanis</ns0:AuthorText>
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<ns0:Legislator>
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<ns0:Name>Alanis</ns0:Name>
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<ns0:Title>An act to amend Section 13519.4 of the Penal Code, relating to law enforcement.</ns0:Title>
<ns0:RelatingClause>law enforcement</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Law enforcement: Racial and Identity Profiling Advisory Board (RIPA).</ns0:Subject>
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<html:p>Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General specified data on all stops conducted by that agency’s peace officers for the preceding calendar year. Existing law defines “stop” for purposes of these provisions to mean any detention by a peace officer of a person or any peace officer interaction with a person in which the peace officer conducts a search of the person’s body or property in the person’s possession or control.</html:p>
<html:p>Existing law requires the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling and improving diversity and racial and identity sensitivity in law enforcement. Existing law requires RIPA to include various members, including 2 representatives of human or civil rights tax-exempt organizations, 2 representatives of community organizations, and 2 religious clergy members, as specified. Existing law authorizes the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe up to 2 other members to membership of RIPA.</html:p>
<html:p>This bill would require RIPA to include in its membership the president of the California District Attorneys Association, or their designee.</html:p>
<html:p>Existing law requires RIPA to issue a report annually that provides RIPA’s analysis of, among other things, the reported stop data described above. Existing law also requires the report to provide detailed findings on the past and current status of racial identity profiling and to make policy recommendations for eliminating racial and identity profiling, as specified.</html:p>
<html:p>This bill would authorize any member of RIPA to cause a dissenting opinion to be included in the report, as specified. The bill would additionally authorize RIPA to include a response to a dissenting opinion in its report.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 13519.4 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<html:p>
(a)
<html:span class="EnSpace"/>
The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The course of basic training for peace officers shall include adequate instruction on racial,
identity, and cultural diversity in order to foster mutual respect and cooperation between law enforcement and members of all racial, identity, and cultural groups. In developing the training, the commission shall consult with appropriate groups and individuals having an interest and expertise in the field of racial, identity, and cultural awareness and diversity.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For the purposes of this section the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Disability,” “gender,” “nationality,” “religion,” and “sexual orientation” have the same meanings as in Section 422.55.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Culturally diverse” and “cultural diversity” include, but are not limited to, disability, gender, nationality, religion, and sexual orientation issues.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Racial” has the same meaning as “race or ethnicity” in Section 422.55.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Stop” has the same meaning as in paragraph (2) of subdivision (g) of Section 12525.5 of the Government Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Legislature finds and declares as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The working men and women in California law enforcement risk their lives every day. The people of California greatly appreciate the hard work and dedication of peace officers in protecting public safety. The good name of these officers should not be
tarnished by the actions of those few who commit discriminatory practices.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. It is abhorrent and cannot be tolerated.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Racial or identity profiling alienates people from law
enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Pedestrians, users of public transportation, and vehicular occupants who have been stopped, searched, interrogated, and subjected to a property seizure by a peace officer for no reason other than the color of their skin, national origin, religion, gender identity or expression, housing status, sexual orientation, or mental or physical disability are the victims of discriminatory practices.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
It is the intent of the Legislature in enacting the changes to this section made by the act that added this paragraph that additional training is required to address the pernicious practice of racial or
identity profiling and that enactment of this section is in no way dispositive of the issue of how the state should deal with racial or identity profiling.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Racial or identity profiling,” for purposes of this section, is the consideration of, or reliance on, to any degree, actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability in deciding which persons to subject to a stop or in deciding upon the scope or substance of law enforcement activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. The activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches
of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A peace officer shall not engage in racial or identity profiling.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Every peace officer in this state shall participate in expanded training as prescribed and certified by the Commission on Peace Officers Standards and Training.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The curriculum shall be evidence-based and shall include and examine evidence-based patterns, practices, and protocols that make up racial or identity profiling, including implicit bias. This training shall prescribe evidence-based patterns, practices, and protocols that prevent racial or identity profiling. In developing the training, the
commission shall consult with the Racial and Identity Profiling Advisory Board established pursuant to subdivision (j). The course of instruction shall include, but not be limited to, significant consideration of each of the following subjects:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Identification of key indices and perspectives that make up racial, identity, and cultural differences among residents in a local community.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Negative impact of intentional and implicit biases, prejudices, and stereotyping on effective law enforcement, including examination of how historical perceptions of discriminatory enforcement practices have harmed police-community relations and contributed to injury, death, disparities in arrest detention and incarceration rights, and wrongful convictions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The history and role of the civil and human rights movement and struggles and their impact on law enforcement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Specific obligations of peace officers in preventing, reporting, and responding to discriminatory or biased practices by fellow peace officers.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Perspectives of diverse, local constituency groups and experts on particular racial, identity, and cultural and police-community relations issues in a local area.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The prohibition against racial or identity profiling in subdivision (f).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Once the initial basic training is completed, each peace officer in California as described in
subdivision (a) of Section 13510 who adheres to the standards approved by the commission shall be required to complete a refresher course every five years thereafter, or on a more frequent basis if deemed necessary, in order to keep current with changing racial, identity, and cultural trends.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Beginning July 1, 2016, the Attorney General shall establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling, and improving diversity and racial and identity sensitivity in law enforcement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
RIPA shall include the following members:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The Attorney General, or their designee.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The President of the California Public Defenders Association, or their designee.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The President of the California Police Chiefs Association, or their designee.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The President of the California State Sheriffs’ Association, or their designee.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The President of the Peace Officers Research Association of California, or their designee.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The Commissioner of the California Highway Patrol, or their designee.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The President of the California District Attorneys Association, or their designee.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
A university professor who specializes in policing, and racial and identity equity.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Two representatives of a human or civil rights tax-exempt organization who
specialize
in civil or human rights.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Two representatives of a community organization who specialize in civil or human rights and criminal justice, and
work with victims of racial and identity profiling. At least one representative shall be between 16 and 24 years of age.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Two religious clergy members who
specialize
in addressing and reducing racial and identity bias toward individuals and groups.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Up to two other members that the Governor may prescribe.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
Up to two other members that the President pro Tempore of the Senate may be prescribe.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
Up to two other members that the Speaker of the Assembly may prescribe.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Each year, on an annual basis, RIPA shall do the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Analyze the data reported pursuant to Section 12525.5 of the Government Code and Section 13012 of this code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Analyze law enforcement training under this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Work in partnership with state and local law enforcement agencies to review and analyze racial and identity profiling policies and practices across geographic areas in California.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Conduct, and consult available, evidence-based research on intentional and implicit biases, and law enforcement stop, search, and seizure tactics.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Issue a report that provides RIPA’s analysis under
subparagraphs (A) to (D), inclusive, and detailed findings on the past and current status of racial and identity profiling, and makes policy recommendations for eliminating racial and identity profiling. RIPA shall post the report on its internet website. Each report shall include disaggregated statistical data for each reporting law enforcement agency. The report shall include, at minimum, each reporting law enforcement agency’s total results for each data collection criterion under subdivision (b) of Section 12525.5 of the Government Code for each calendar year.
The report may include a response to any dissenting opinion included in the report pursuant to clause (ii).
The reports shall be retained and made available to the public by posting those reports on the Department of Justice’s OpenJustice web portal. The first annual report shall be issued no later than January 1, 2018. The reports are public records within the meaning of Section 7920.530 of the Government Code and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005 of the Government Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding paragraph (6), any member of RIPA may cause a dissenting opinion to be included in the report that includes conclusions or recommendations, or both, that are in addition to, or differ from, the report that is agreed to by a majority of the members.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Hold at least three public meetings annually to discuss racial and identity profiling, and potential reforms to prevent racial and identity profiling. Each year, one meeting shall be held in northern California, one in central California, and one in southern California. RIPA shall provide the public with notice of at least 60 days before each meeting.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Pursuant to subdivision (e) of Section 12525.5 of the Government Code, RIPA shall advise the Attorney General in developing regulations for the collection and reporting of stop data, and ensuring uniform reporting practices across all reporting agencies.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Members of RIPA shall not receive compensation, nor per diem expenses, for their services as members of RIPA.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
No action of RIPA shall be valid unless agreed to by a majority of its members.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The initial terms of RIPA members shall be four years.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Each year, RIPA shall elect two of its members as cochairpersons.
</html:p>
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