Bill Text: CA AB284 | 2025-2026 | Regular Session | Amended
Bill Title: Law enforcement: Racial and Identity Profiling Advisory Board (RIPA).
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB284 Detail]
Download: California-2025-AB284-Amended.html
|
Amended
IN
Assembly
May 01, 2025 |
|
Amended
IN
Assembly
March 24, 2025 |
| Introduced by Assembly Member Alanis |
January 22, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would exclude various situations from that definition, including, among other things, a peace officer interaction with a person that results from a call for service or when a detention is necessary to prevent serious bodily injury or death. To the extent this
change would increase the overall reporting duties of local agencies, 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
(a)(1)Each state and local agency that employs peace officers shall annually report to the Attorney General data on all stops conducted by that agency’s peace officers for the preceding calendar year.
(2)Each agency that employs 1,000 or more peace officers shall begin collecting data on or before July 1, 2018, and shall issue its first round of reports on or before April 1, 2019. Each agency that employs 667 or more but less than 1,000 peace officers shall begin collecting data on or before January 1, 2019, and shall issue its first round of reports on or before April 1, 2020. Each agency that employs 334 or more but less than 667 peace officers shall begin collecting data on or before January 1, 2021, and shall issue its first round
of reports on or before April 1, 2022. Each agency that employs 1 or more but less than 334 peace officers shall begin collecting data on or before January 1, 2022, and shall issue its first round of reports on or before April 1, 2023.
(b)The reporting shall include, at a minimum, the following information for each pedestrian, traffic, or any other type of stop:
(1)The time, date, and location of the stop.
(2)The reason for the stop.
(3)The reason given to the person stopped at the time of the stop.
(4)The result of the stop, such as, no action, warning, citation, property seizure, or arrest.
(5)If a warning or citation
was issued, the warning provided or violation cited.
(6)If an arrest was made, the offense charged.
(7)The perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics shall be based on the observation and perception of the peace officer making the stop, and the information shall not be requested from the person stopped. For motor vehicle stops, this paragraph only applies to the driver, unless any actions specified under paragraph (8) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for that passenger.
(8)Actions taken by the peace officer during the stop, including, but not limited to, the following:
(A)Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided.
(B)Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any.
(C)Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property.
(c)If more than one peace officer performs a stop, only one officer is required to collect and report to the officer’s agency the information specified under subdivision (b).
(d)State and local law enforcement agencies shall not report the name, address, social security number, or other unique personal identifying information of
persons stopped, searched, or subjected to a property seizure, for purposes of this section. Notwithstanding any other law, the data reported shall be available to the public, except for the badge number or other unique identifying information of the peace officer involved. Law enforcement agencies are solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure pursuant to this section is not transmitted to the Attorney General in an open text field.
(e)Not later than January 1, 2018, the Attorney General, in consultation with stakeholders, including the Racial and Identity Profiling Advisory Board (RIPA) established pursuant to paragraph (1) of subdivision (j) of Section 13519.4 of the Penal Code, federal, state, and local law enforcement agencies and community, professional, academic, research, and civil and human rights organizations, shall issue
regulations for the collection and reporting of data required under subdivision (b). The regulations shall specify all data to be reported, and provide standards, definitions, and technical specifications to ensure uniform reporting practices across all reporting agencies. To the best extent possible, the regulations should be compatible with any similar federal data collection or reporting program.
(f)All data and reports made pursuant to this section are public records within the meaning of Section 7920.530 and are open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005.
(g)(1)For purposes of this section, “peace officer,” as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, is limited to members of the California Highway Patrol, a city or county law enforcement
agency, and California state or university educational institutions. “Peace officer,” as used in this section, does not include probation officers and officers in a custodial setting.
(2)(A)For purposes of this section, “stop” means 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, including a consensual search, of the person’s body or property in the person’s possession or control.
(B)A “stop” does not include any of the following:
(i)A peace officer interaction with a person that results from a call for
service.
(ii)A situation in which a peace officer is required by state or local law to respond.
(iii)A situation where a particular person is being sought by law enforcement.
(iv)A detention is necessary to prevent serious bodily injury or death.
(v)A detention in response to a suspected serious or violent felony.
(vi)A situation in which a peace officer is directed by their employing agency to respond to a particular situation.
(h)This section shall become operative on January 1, 2024.
SEC. 2.SECTION 1.
Section 13519.4 of the Penal Code is amended to read:13519.4.
(a) The commission shall develop and disseminate guidelines and training for all peace officers in California as described in subdivision (a) of Section 13510 and who adhere to the standards approved by the commission, on the racial and cultural differences among the residents of this state. The course or courses of instruction and the guidelines shall stress understanding and respect for racial, identity, and cultural differences, and development of effective, noncombative methods of carrying out law enforcement duties in a diverse racial, identity, and cultural environment.(H)A member of the commission who is an active peace officer but is not otherwise already a member of RIPA.
(I)
(J)A representative
(K)A representative
(L)A religious clergy member
(ii)Before publication, the report shall be subject to peer review by two separate entities, at least one of which shall be selected collectively by the members of RIPA described in subparagraphs (C) through (F), inclusive, of paragraph (2). The peer review shall include independent analysis of RIPA data and not simply an analysis of the report.
(iii)
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
