Bill Text: CA AB443 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Peace officers: determination of bias.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 439, Statutes of 2023. [AB443 Detail]

Download: California-2023-AB443-Amended.html

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Amended  IN  Senate  July 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 443

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Introduced by Assembly Member Jackson

February 06, 2023

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An act to add Section 13510.6 to the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL'S DIGEST

AB 443, as amended, Jackson. Peace officers: determination of bias.

Existing law establishes the Commission on Peace Officer Standards and Training (POST) to set minimum standards for the recruitment and training of peace officers, to establish a certification for peace officers, and to develop training courses and curriculum for the training of peace officers. Existing law, commencing January 1, 2023, authorizes POST to suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer, or has, while employed as a peace officer, otherwise engaged in serious misconduct, which includes 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. Existing law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer.

This bill would, commencing January 1, 2026, require POST to establish a definition of “biased conduct,” as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias, and to determine if any racial profiling occurred, as defined. The bill would also require POST to develop guidance for local law enforcement departments on performing effective Internet internet and social media screenings of officer applicants.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 13510.6 is added to the Penal Code, to read:

13510.6.

 (a) The commission shall establish a definition of “biased conduct” that, at a minimum, includes all of the following:

(1) 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 criminal justice agencies, as defined in Section 13101, motivated by bias toward that person’s actual or perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, or mental or physical disability.

(2) Biased conduct may result from implicit and explicit biases.

(3) 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 described in paragraph (1).

(4) An officer need not admit biased or prejudiced intent for conduct to be determined to be biased conduct.

(b) When investigating any bias-related complaint or incident that involves possible indications of officer bias, a law enforcement agency shall determine whether the conduct being investigated constitutes “biased conduct,” using the definition developed by the commission in accordance with subdivision (a).

(c) The commission shall develop guidance for local law enforcement departments on performing effective internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups.

(d) In the investigation of any complaint involving any law enforcement activity described in subdivision (e) of Section 13519.4, the investigating law enforcement agency shall determine if racial profiling, as defined in that section, occurred.

(e) This section shall become operative on January 1, 2026.

SECTION 1.Section 13510.6 is added to the Penal Code, to read:

13510.6.

(a)(1)The commission shall establish a definition of “biased conduct” that, at a minimum, includes all of the following:

(A)Biased conduct includes conduct resulting from implicit and explicit biases.

(B)Conduct is biased if a reasonable person would conclude so using the facts at hand.

(C)An officer need not admit biased or prejudiced intent for conduct to reasonably appear biased.

(D)Biased conduct may occur in an encounter with the public, first responders, employees of criminal justice agencies, as defined in Section 13101, or online, such as conduct on social media.

(2)Law enforcement agencies shall use the commission’s definition of biased conduct, consistent with paragraph (5) of subdivision (b) of Section 13510.8, in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias, and determine if racial profiling occurred, as defined in subdivision (e) of Section 13519.4.

(b)The commission shall develop guidance for local law enforcement departments on performing effective Internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups.

(c)This section shall become operative on January 1, 2026.