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RELEVANT LEGISLATION ENACTED IN 2022
This Report highlights legislation enacted in 2022 that may impact the Board’s work towards eliminating racial and identity profiling and that may require updated trainings for officers and revisions to agencies’ policies and procedures. Below is an overview of the primary changes resulting from the enacted legislation.
AB 2773 – Stops: Notification By Peace Officers
Assembly Bill 2773 creates a new requirement for law enforcement officers related to traffic and pedestrian stops. Beginning on January 1, 2024, law enforcement officers must state the reason for any traffic or pedestrian stop before they can engage in questioning related to a criminal investigation or traffic violation. The only exception to this rule is when an officer reasonably believes that withholding the reason is necessary to protect life or property from imminent danger, such as in cases of terrorism or kidnapping. AB 2773 codifies this rule by adding section 2806.5 to the Vehicle Code. The bill also amends Vehicle Code section 1656.3 to include an advisement that law enforcement officers must provide the reason for a traffic or pedestrian stop in the California Driver’s Handbook. Lastly, the Bill amends the data reporting requirements in Government Code section 12525.5. Section 12525.5 requires law enforcement agencies to report various data elements regarding all stops conducted in a calendar year. AB 2773 expands those reporting requirements to include the reason given to the person stopped at the time of the stop.
AB 2537 – Vehicles: Driver Education
Assembly Bill 2537 adds section 1656.1 to the Vehicle Code to require the Department of Justice, in conjunction with POST, to create a video demonstrating the proper conduct of a peace officer and an individual during a traffic stop. This video must be posted on the Department’s website. AB 2537 also adds section 12800.6 to the Vehicle Code, requiring that applications for a driver’s license (including applications for renewals or duplicate licenses) inform the applicant of the video demonstrating proper conduct during a traffic stop. Lastly, the bill amends Vehicle Code section 11113 and Education Code section 51220.4 to require showing this video during driver’s education courses.
AB 2229 – Peace Officers: Minimum Standards: Bias Evaluation Assembly Bill 2229 amends section 1031 of the Government Code to change the standards for peace officer employment. The bill adds a requirement that peace officers be evaluated for and be found free from bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation. The bill also increases the number of educational institutions from which peace officer applicants may receive degrees in order to apply. Like Senate Bill 960, Assembly Bill 2229 revises accreditation standards for acceptable schools to include schools recognized by Cognia, a non-profit accreditation agency.
AB 655 - California Law Enforcement Accountability Reform Act Assembly Bill 655 creates the California Law Enforcement Accountability Reform Act (CLEAR). Peace officer background investigations must now include an inquiry into whether a candidate for specified peace officer positions has engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate. Certain findings would disqualify a person from employment.
The law also requires an agency to investigate any internal or public complaint that alleges that a peace officer is or was a hate group member, participated in any hate group activity, or advocated public expressions of hate. Certain findings would require the employing agency to remove that peace officer from appointment. The bill also requires the Department of Justice to adopt and disseminate guidelines for the investigation and adjudication of these complaints by local agencies. Records of any sustained complaint that a peace officer has engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate are not confidential. 220
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AB 988 - Mental Health: 988 Suicide and Crisis Lifeline Assembly Bill 988 creates a new phone number, 988, to handle mental health and crisis intervention incidents. The 988 number launched on July 16, 2022. The bill also requires health care service plans and insurers to cover medically necessary treatment of a mental health or substance use disorder, including behavioral health crisis services, provided by a 988 center or mobile crisis team, regardless of whether the service is provided by an in-network or out-of-network provider, at the in-network costsharing amount. The cost for the 988 number will be partially funded by a $0.08 surcharge on phone lines. AB 988 mandates a five-year implementation plan to include the following:
(A) access to crisis counselors through telephone call, text, and chat, 24 hours per day, 7 days per week;
(B) mobile crisis teams that operate statewide 24 hours per day, 7 days per week, and can respond to individuals in crisis in a timely manner. Mobile crisis teams would respond to suicidal or behavioral health calls made or routed to 988 as an alternative to law enforcement, unless there is a medical emergency, someone is in immediate danger, or there is a reported crime where law enforcement is mandated to respond by state or federal law; and
(C) access to crisis receiving and stabilization services.
SB 960 - Public Employment: Peace Officer Citizenship
Senate Bill 960 amends section 1031 of the Government Code to change the standards for peace officer employment. It changes the requirement that a peace officer or member of California Highway Patrol be a citizen of the United States to allow any individual legally authorized to work in the United States to become a peace officer or California Highway Patrol member. The bill also increases the number of educational institutions from which peace officer applicants may receive degrees.
AB 2147 – Freedom to Walk Act
Assembly Bill 2147 amends the Vehicle Code.1162 The bill decriminalizes pedestrian roadway violations (i.e., jaywalking). Officers are limited to stopping individuals for pedestrian roadway to instances when it is reasonable to assume that there is an immediate danger of collision with a moving vehicle. The bill also requires the Commissioner of the California Highway Patrol, in consultation with the Institute of Transportation Studies at the University of California, to submit a report to the Legislature regarding statewide pedestrian-related traffic crash data and any associated impacts to traffic safety, including an evaluation of whether and how the changes made by this bill have impacted pedestrian safety.
SB 357 – Crimes: Loitering for the Purpose of Engaging in a Prostitution Offense Senate Bill 357 repeals Penal Code sections 653.20 and 653.22, which prohibited loitering in a public place with the intent to commit prostitution. The Bill also adds section 653.29 to the Penal Code, allowing people convicted of loitering with intent to commit prostitution to petition for recall or dismissal of their conviction. Lastly, the Bill amends Evidence Code section 782.1, Penal Code sections 647.3, 653.23, and 1203.47, Public Utilities Code section 99171, and Welfare and Institutions Code sections 18259 and 18259.3 to support the decriminalization of loitering with intent to commit prostitution.
AB 256 - Criminal Procedure: Discrimination
Assembly Bill 256 amends sections 745 and 1473 of the Penal Code, which are criminal procedure codes. The bill requires a criminal trial court, upon a showing of good cause, to order prosecutors 1162 Specifically, the bill amends sections 21451, 21452, 21453, 21456, 21461.5, 21462, 21950, 21953, 21954, 21955, 21956, 21961, and 21966 of, and adds and repeals Section 21949.5. 221
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to share with a convicted individual evidence related to a criminal conviction or sentence, if that conviction or sentence was based on race, ethnicity, or national origin. There may be limitations on what must be shared, if the evidence is constitutionally private or contains privileged information.
Previously, an individual could present statistical evidence or aggregate data about convictions, sentences, and race. AB 256 would allow an individual to also present non-statistical evidence to show that the conviction was based on race, ethnicity, or national origin. Courts considering the evidence or data must view the evidence as a whole to determine whether a significant difference exists from similar convictions or sentences showing race, ethnicity, or national origin was a factor leading to the conviction or sentence. If the court considers data , the court must consider whether differences in the data or the availability of data were caused by systemic and institutional racial bias, racial profiling, and historical patterns of racially biased policing and prosecution.
AB 2418 – Crimes: Justice Data Accountability and Transparency Act Assembly Bill 2418 creates the Justice Data Accountability and Transparency Act (JDATA). The Act requires state and local prosecutorial agencies to begin collecting various data elements in each criminal case, including information about the case, defendant, victim, charges, initial court appearance, plea bargains, diversion and collaborative court program offerings, and disposition of the case and any post-conviction proceedings. Agencies must report these data to the Department of Justice beginning on June 1, 2027, and DOJ will begin publishing the data on June 1, 2028. Reporting and publication of this data will eventually occur on a monthly basis. The Act also creates the Prosecutorial Transparency Advisory Board. The Advisory Board, along with the DOJ, must create a data dictionary containing standardized definitions for each data element to be collected under the Act by July 1, 2024. The advisory board will also provide guidance to the DOJ regarding any draft rules, regulations, policies, plans, reports, or other decisions made in relation to the Act.