SB 50 – Pretextual Stops for Low-Level Violations
SB 50 would limit racial profiling by prohibiting a
peace officer from initiating a motor vehicle or
bicycle stop for a low-level infraction, unless there is a separate, independent safety-related basis to initiate the stop.
In so -called “pretextual stops,” an officer stops
someone for a minor traffic violation, such as tinted
windows or expired registration, with the intention of
using the stop to investigat e a hunch that the
individual has committed a more serious crime.
These stops, which require no evidence or articulable
suspicion of a more serious crime, disproportionately
impact communities of color. Data analyzed by th e
California Racial and Identity Profiling Advisory
Board show that people who were perceived as Black
were stopped at 2.7 times the rate of people perceived
as White. Even more concerning, those perceived to
be Black adolescents between 15 to 17 years old
were searched at nearly six times the rate of those
perceived as White youth.
Once initiated, these stops become racially biased
fishing expeditions: Study after study has found that
not only do police search Black and Latino people far
more often than whites during traffic stops, but also
that white people are more likely to be found with
contraband. They are also significantly more likely
to use force against Black people during these stops.
Research shows that pretext stops do not
significantly benefit public safety, yet use valuable
resources that could be directed to more effective
public safety approaches. A 2022 study by Catalyst
California and ACLU SoCal found that instead of
addressing community concerns about serious crime,
Sheriff’s deputies in Los Angeles and Riverside
counties spent nearly 9 out of every 10 hours on stops
initiated by officers rather than responding to calls
for help.
Furthermore, pretext stops can result in devastating
harms, particularly to Californians of color —
including dehumanization, economic extraction
through fees and fines, distrust of the police,
degraded public health, and deadly uses of force.
SB 50 will limit law enforcement’s ability to stop
people for minor, non -safety-related traffic
infractions, unless there is an independent, safety -
related basis to initiate the stop . It will also provide technical clarification to ensure that localities can
explore non -law enforcement approaches to traffic
safety. In doing so, SB 50 will help protect
Californians of color from unnecessary harms and
help ensure that public dollars dedicated to
community safety are used more effectively.
SB 50 builds on recommendations from the CA
Racial and Identity Profiling Advisory Board and the
Committee on Revision of the Penal Code to limit
enforcement of minor traffic offenses that pose little
to no risk to public safety and result in racially biased harms.
AAPI Equity Alliance
ACLU CA Action
Asian Americans Advancing Justice
Berkeley; City of
CA Alliance for Youth and Community Justice
CA Faculty Association
CA Federation of Teachers
CA Immigrant Policy Center
CA Native Vote Project
SUMMARY
BACKGROUND
PROBLEM
SOLUTION
SUPPORT
CA Public Defenders Association
Californians for Safety and Justice
Californians United for a Responsible Budget
Center on Juvenile and Criminal Justice
Charles Houston Bar Association
Children's Defense Fund - CA
Church State Council
Coalition for Humane Immigrant Rights
Communities United for Restorative Youth Justice
Consumers for Auto Reliability & Safety
Democrats of Rossmoor
Disability Rights California
Ella Baker Center for Human Rights
Empowering Pacific Islander Communities
Fresh Lifelines for Youth
Fresno Barrios Unidos
Indivisible CA Statestrong
Indivisible Yolo
Initiate Justice
Initiate Justice Action
La Defensa
Law Enforcement Action Partnership
Lawyers' Committee for Civil rights of the San
Francisco Bay Area
League of Women Voters of CA
Legal Services for Prisoners with Children
Norcal Resist
Oakland Privacy
Pacific Juvenile Defender Center
Peace and Freedom Party of California
People for the American Way
Policylink
Prosecutors Alliance California
San Francisco Public defender
Secure Justice
SEIU CA
Sister Warriors Freedom Coalition
Smart Justice California
Sonoma; County of
SPUR
SURJ North County San Diego
Team Justice
Techequity Collaborative
University of San Francisco School of Law: Racial
Justice Clinic
Voices for Progress
Walk Bike Berkeley
Chris Morales, Legislative Director
Office of Senator Steven Bradford
1021 O St. Building, Suite 7210
(916) 651-4035
[email protected]
CONTACT