California AB 1039: Racial and identity profiling: reporting: peace officer.

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 |Add To My Favorites | Version: 03/14/17 - Amended Assembly
 02/16/17 - Introduced

 AB-1039 Racial and identity profiling: reporting: peace officer.(2017-2018)

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 Date Published: 03/14/2017 09:00 PM

AB1039:v98#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 March 14, 2017

 CALIFORNIA LEGISLATURE—
 2017–2018 REGULAR SESSION

 Assembly Bill

No. 1039

Introduced by Assembly Member Quirk-Silva

February 16, 2017

 An act to amend Section 18901.4 of the Welfare and Institutions Code, relating to CalFresh. Sections 1043 and 1045 of the Evidence Code, and to amend Sections 6254 and 12525.5 of the Government Code, relating to racial and identity profiling.

LEGISLATIVE COUNSEL'S DIGEST

AB 1039, as amended, Quirk-Silva.
 CalFresh: nonminor dependents: supervised independent living placement. Racial and identity profiling: reporting: peace officer.

Existing law, the Racial and Identity Profiling Act of 2015, requires the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) to eliminate racial and identity profiling and to improve diversity and racial and identity sensitivity in law enforcement. Existing law requires the board, among other duties, to 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.

Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops, as defined, conducted by the agency’s peace officers for the preceding calendar year. Existing law requires the
 reporting to include specified information for each stop, including the time, date, and location of the stop; the reason for the stop; the perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics be based on the observation and perception of the peace officer making the stop, and the information not be requested from the person stopped; and specified actions taken by the peace officer during the stop. Existing law requires that the data reported be available to the public, except for the badge number or other unique identifying information of the peace officer involved, which is released to the public only to the extent the release is permissible under state law.

The California Public Records Act requires a state or local agency, as defined, to make public records available for inspection, subject to certain exceptions. Existing law provides that peace officer or custodial officer
 personnel records, as defined, and records maintained by any state or local agency relating to complaints against peace officers and custodial officers, or information obtained from those records, are confidential and prohibits the disclosure of those records in any criminal or civil proceeding except by discovery. Existing law describes exceptions to this policy for investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, or the Attorney General’s office.

This bill would specify that the name or other means of identifying a peace officer in connection with the information that the peace officer collects pursuant to the Racial and Identity Profiling Act of 2015, as described above, is not subject to disclosure under the California Public Records Act. The bill would also state, in related provisions, that nothing in the
 Racial and Identity Profiling Act of 2015 was or is intended to allow public access to, or disclosure of, that information, as specified. The bill would also make technical, nonsubstantive changes to those provisions.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agenc