California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 19 - Racial and Identity Profiling Act of 2015 Regulations › Article 1 - Definitions › Section 999.224

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
				  Government Code section
				  12525.5
				  and this chapter only, the following definitions shall apply:
(1) "Act" means the provisions of the Racial and
				  Identity Profiling Act of 2015, also known as "AB 953," which are contained in
				  Government Code section
				  12525.5,
				  Penal Code section
				  13012,
				  and Penal Code section
				  13519.4.
(2) "Consensual search" is a search that occurs
				  when a person gives a peace officer consent or permission to search the person or
				  the person's property. Consent can be given in writing or verbally, or may be
				  implied by conduct.
(3) "Custodial
				  setting" means correctional institutions, juvenile detention facilities, and jails,
				  including parking lots and grounds within the perimeter of these enumerated
				  facilities. "Custodial setting" also includes a courtroom or courthouse in the
				  limited circumstance where a court orders a person remanded into custody. "Custodial
				  setting" does not include home detention or any circumstances where persons are
				  under house arrest outside of correctional institutions, juvenile detention
				  facilities, or jails.
(4) "Data element"
				  refers to a category of information the peace officer must report regarding a stop.
				  For example, "perceived gender of person stopped" is a data element that must be
				  collected under Government Code section
				  12525.5.
(5) "Data value" is a component or characteristic
				  of a data element to be used in reporting each data element. For example, "Cisgender
				  man/boy," "Cisgender woman/girl," "Transgender man/boy," "Transgender woman/girl,"
				  and "Nonbinary person" are each data values to use in reporting the data element
				  "perceived gender of person stopped." Reporting agencies shall ensure that the
				  technical specifications for data values are consistent with these regulations and
				  in doing so shall follow the data dictionary prepared by the Department.
(6) "Department" refers to the California
				  Department of Justice or the California Attorney General.
(7) "Detention," unless otherwise provided in
				  these regulations, means a seizure of a person by an officer that results from
				  physical restraint, unequivocal verbal commands, or words or conduct by an officer
				  that would result in a reasonable person believing that they are not free to leave
				  or otherwise disregard the officer.
(8)
				  "Firearm" means a weapon that fires a shot by the force of an explosion, and
				  includes all handguns, rifles, shotguns, and other such devices commonly referred to
				  as firearms.
(9) "K-12 Public School"
				  means "California state educational institution," as defined in this
				  chapter.
(10) "Matched suspect
				  description" means the stopped person's physical appearance matches the description
				  of the physical appearance of person suspected of having committed a
				  crime.
(11) "Matched description of
				  suspect's vehicle or vehicle observed at the scene of a crime" means the stopped
				  person's vehicle matches the description of the suspect's vehicle or a vehicle
				  observed at the scene of a crime.
(12)
				  "Personally identifying information," "personally identifiable information," and
				  "personal identifying information," as referenced in these regulations have the same
				  meaning as "personal identifying information" as set forth in Penal Code section
				  530.55,
				  subdivision (b), and includes an officer's badge number.
(13) "Probation officer" means an adult probation
				  officer authorized by Penal Code section
				  1203.5,
				  or a juvenile probation officer authorized by Welfare and Institutions Code section
				  270, whose duties
				  are defined in Penal Code section
				  830.5
				  or Welfare and Institutions Code sections
				  280
				  and
				  283,
				  respectively.
(14) "Probable cause to
				  arrest," when used in the data value of "Probable cause to arrest or search" means a
				  set of specific facts that would lead a reasonable person to objectively believe and
				  strongly suspect that a crime was committed by the person to be arrested. "Probable
				  cause to arrest" requires a higher standard of proof than "Reasonable
				  suspicion."
(15) "Probable cause to
				  search," when used in the data value of "Probable cause to arrest or search" means a
				  specific set of facts that would lead a reasonable person to objectively believe and
				  strongly suspect that contraband or evidence of a crime would be found. "Probable
				  cause to search" requires a higher standard of proof than "Reasonable
				  Suspicion."
(16) "Reasonable suspicion"
				  requires that there is a set of specific facts that would lead a reasonable person
				  to believe that the stopped person is committing a crime, recently committed a
				  crime, or is about to commit a crime. Reasonable suspicion cannot be based solely on
				  a hunch or instinct. "Reasonable Suspicion" requires a lesser standard of proof than
				  "Probable cause to arrest or search."
(17) "Reporting agency" means:
(A) Any city or county law enforcement agency that
				  employs peace officers.
1. "Reporting agency"
				  includes any city or county law enforcement agency that employs peace officers,
				  including officers who are contracted to work at other government agencies or
				  private entities. This includes, but is not limited to, peace officers assigned to
				  work in cities or other jurisdictions that are not within the original jurisdiction
				  of the city or county law enforcement agency; peace officers of city or county law
				  enforcement agencies assigned to or contracted to work at housing or transit
				  agencies; and school resource officers assigned to work in California state
				  educational institutions.
(B)
				  The California Highway Patrol.
(C) The
				  law enforcement agencies of any California state or university educational
				  institutions.
1. "California state educational
				  institution" means any public elementary or secondary school; the governing board of
				  a school district; or any combination of school districts or counties recognized as
				  the administrative agency for public elementary or secondary schools.
a. "The law enforcement agencies of California
				  state educational institutions" refers to any police department established by a
				  public school district pursuant to Education Code section
				  38000,
				  subdivision (b).
2.
				  "California university educational institution" means the University of California,
				  the California State University, and any college of the California Community
				  Colleges.
a. "The law enforcement agencies of
				  California university educational institutions" refers to the following:
(1) Police departments of all campuses of the
				  California State University established pursuant to Education Code section
				  89560;
(2) Police departments of all campuses of the
				  University of California established pursuant to Education Code section
				  92600; and
(3) Police departments of all California community
				  colleges established pursuant to Education Code section
				  72330.
(18)
				  "School resource officer" includes, but is not limited to, "school resource officer"
				  as defined by
				  42 U.S.C.
				  §
												3796dd-8(4).
(19) "Search," unless otherwise provided, means a
				  search of a person's body or property in the person's possession or under their
				  control, and includes a pat-down search of a person's outer clothing as well as a
				  consensual search, as defined in these regulations.
(20) "Stop" for purposes of these regulations
				  means
(1) any detention, as defined in these
				  regulations, by a peace officer of a person; or
(2) any peace officer interaction with a person in
				  which the officer conducts a search, as defined in these regulations.
(21) "Stop data" refers collectively to
				  the data elements and data values that must be reported to the Department.
(22) "Student" means any person who is enrolled in
				  a K-12 Public School, or any person who is subject to California's compulsory
				  education law as provided in Education Code section
				  48200.
				  A "student" includes persons between 6 and 18 years of age who are not otherwise
				  exempt from the compulsory education laws as provided in Education Code section
				  48200.
				  "Student" also refers to persons up to 22 years of age who are being provided
				  special education and services, as provided under Education Code section
				  56026.
				  The reporting requirements of this chapter regarding "students" apply only to
				  interactions between officers and students that take place in a K-12 Public School.
(A) Example: A person between the ages of 6 and 18
				  who is not enrolled in a K-12 Public School because they have been expelled or is
				  temporarily suspended from school is a student for purposes of these
				  regulations.
(B) Example: A person
				  between the ages of 6 and 18 who is enrolled as a student at one K-12 Public School
				  but who is stopped by an officer at another school is a student for purposes of
				  these regulations.
(C) Example: A
				  19-year old person who is enrolled in a K-12 Public School is a student for purposes
				  of these regulations.
(D) Example: A
				  21-year old special education student enrolled in a K-12 Public School is a student
				  for purposes of these regulations.
(E)
				  Example: An interaction between an officer and a student that takes place at a mall
				  must be reported pursuant to the general reporting requirements set forth in §
												999.227, subdivision (a) of these
				  regulations, and not the reporting requirements set forth at §
												999.227, subdivision (e)(3) - (4) for
				  interactions that take place between a student and an officer in a K-12 Public
				  School.
(23) "Unique
				  Identifying Information" means personally identifying information, the release of
				  which, either alone or in combination with other data reported, is reasonably likely
				  to reveal the identity of the individual officer who collected the stop data
				  information. It does not include the minimum information that is specified in
				  Government Code section
				  12525.5,
				  subdivision (b).
(24) "Vehicle" means
				  motor vehicles as defined in Vehicle Code section
				  670;
				  motorcycles, mopeds, and motorized scooters as defined in Vehicle Code sections
				  400,
				  406,
				  and
				  407.5,
				  respectively; and any motorized vehicles, including boats.
(25) "Welfare or wellness check or community
				  caretaking function" relates to an officer's non-crime related duties that are not
				  performed for the purpose of investigating a crime. A welfare or wellness check or
				  the officer's community caretaking function cannot serve as a basis for initiating a
				  detention or search.
(A) Example: An officer
				  responds to a call for service from a caller who requested someone check on a
				  neighbor whom the caller had not seen in several days and whose newspapers had piled
				  up outside their residence.
(B) Example:
				  An officer observes a person lying down on the street and not breathing. The officer
				  interacts with the person to see if they need medical attention.
(C) Example: An officer arrives at the scene of an
				  automobile collision to render aid.