Bill Text: CA AB3194 | 2019-2020 | Regular Session | Amended
Bill Title: Peace officers: local agencies: report: Attorney General.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-19 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB3194 Detail]
Download: California-2019-AB3194-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 3194
| Introduced by Assembly Member Weber |
February 21, 2020 |
An act relating to attorneys. to amend Section 12525.5 of the Government Code, relating to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 3194, as amended, Weber.
Attorneys. Peace officers: local agencies: report: Attorney General.
Existing law requires each state and local agency that employs peace officers annually to report to the Attorney General data on all stops conducted by that agency’s peace officers for the preceding calendar year, as specified. Existing law requires the data reported to be available to the public, except as specified.
This bill would require the Attorney General, on or before January 1, 2022, to establish and maintain an internet website for the purpose of making the data annually provided to it by law enforcement agencies described above available to the public free of charge. The bill would require a law enforcement agency that is required to provide
data to the Attorney General to, within 30 days after creation of the internet website, upload any data it submitted to the Attorney General pursuant to these provisions before January 1, 2021, to the internet website established and maintained by the Attorney General. The bill would also require a law enforcement agency that is required to provide data to the Attorney General, on or before May 1, 2022, and on or before May 1st of each subsequent year, to provide the data by uploading it to the internet website established and maintained by the Attorney General. Because the bill would require local agencies to perform additional duties, the bill would impose a state-mandated local program.
This bill would authorize the Attorney General to issue regulations governing submission of data by law enforcement agencies pursuant to these provisions. The bill would
also specify that notwithstanding any other law, maintenance of the internet website shall satisfy the requirement that the Attorney General make all data and reports it receives pursuant to these provisions open to public inspection.
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.
The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. The act imposes specified requirements to be certified to the Supreme Court for admission and a license to practice law.
This bill would state the intent of the Legislature to enact legislation that would pertain to the requirements to practice law.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12525.5 of the Government Code is amended to read:12525.5.
(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 one 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 stop:
(1) The time, date, and location of the stop.
(2) The reason for the stop.
(3) The result of the stop, such as, no action, warning, citation, property seizure, or arrest.
(4) If a warning or citation was issued, the warning provided or violation cited.
(5) If an arrest was made, the offense charged.
(6) 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 (7) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for him or her. that person.
(7) 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 his or her their 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. The Attorney General shall not be liable for the disclosure of any information uploaded by a law enforcement agency to the internet website
described in subdivision (e).
(e) (1) On or before January 1, 2022, the Attorney General shall establish and maintain an internet website for the purpose of making data provided to it by law enforcement agencies pursuant to this section available to the public free of charge.
(2) Within 30 days after creation of the internet website, and subject to the restrictions in subdivision (d), a law enforcement agency that is required to report to the Attorney General pursuant to subdivision (a) shall upload any data it submitted to the Attorney General pursuant to this section before January 1, 2021, to the internet website established and maintained by
the Attorney General pursuant to this subdivision.
(3) On or before May 1, 2022, and on or before May 1st of each subsequent year, subject to the restrictions in subdivision (d), a law enforcement agency that is required to provide data to the Attorney General pursuant to subdivision (a) shall submit the data relating to all stops conducted by that agency’s peace officers for the preceding calendar year by uploading it to the internet website established and maintained by the Attorney General pursuant to this subdivision.
(4) The Attorney General may issue regulations governing submission of data by law enforcement agencies pursuant to this section.
(e)
(f) 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, such regulations should be compatible with any similar federal data collection or reporting program.
(f)
(g) All data and reports made pursuant to this section are public records within the meaning of subdivision (e) of Section 6252, and are open to public inspection pursuant to Sections 6253 and 6258.
Notwithstanding any other law, maintenance of the internet website described in subdivision (e) shall satisfy the requirement that the Attorney General make all data and reports received pursuant to this section open to public inspection.
(g)
(h) (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) 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.
SEC. 2.
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.It is the intent of the Legislature to enact legislation that would pertain to the requirements to practice law.
