Official Summary Text
AB 284, as amended, Alanis.
Law enforcement:
stop data and reporting.
Racial and Identity Profiling Advisory Board (RIPA).
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.
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.
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.
This bill would require RIPA to include in its membership the president of the California District Attorneys Association, or their
designee, and a member of the
Commission on Peace Officer Standards and Training who is an active peace officer but is not otherwise already a member of RIPA. The bill would decrease the membership of the above-described representatives and religious clergy members to one member each and delete the provisions authorizing the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe members to RIPA.
designee.
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.
This bill would
require the report to include an analysis of stops that involve persons stopped in geographic locations that are different from where the
person lives, works, or attends an educational institution. The bill would require the report to be subject to peer review, as specified, by 2 separate entities before publication and would prescribe the method by which at least one of the 2 entities is required to be selected. The 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.
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.