Stop Data Regulations, California Racial and Identity Profiling Act of 2015 (AB 953)

The revised proposed Stop Data Regulations were released for public comment on August 1, 2017. The Department of Justice will accept written comments on the proposed changes to the regulations from Tuesday, August 1, 2017 until Wednesday, August 16, 2017 at 5:00 p.m. The revised proposed Stop Data Regulations and supporting documents are posted below.

Submit Comment on the Revised Proposed Stop Data Regulations

Introduction

On October 3, 2015, Governor Brown signed Assembly Bill (AB) 953, the Racial and Identity Profiling Act of 2015. AB 953, among other things, enacted Government Code section 12525.5, which requires state and local law enforcement agencies, as specified, to collect data regarding stops of individuals, including perceived demographic information on the person stopped, and to report this data to the California Attorney General’s Office. AB 953 requires the Attorney General to issue regulations for the collection and reporting of this stop data. (Gov. Code, § 12525.5, subd. (e).)

Rulemaking Documents

The Department has drafted the following:

15-Day Public Comment Period August 1, 2017 – August 16, 2017

• Notice
• Modifications to Text as Originally Proposed
• Revised Proposed Regulations
• Addendum to the Initial Statement of Reasons
• Revised STD Form 399 (Economic and Fiscal Impact Statement) and Addendum

45-Day Public Comment Period December 9, 2016 – January 27, 2017

• Text of Proposed Regulations, pdf
• Notice of Proposed Rulemaking Action, pdf
• Initial Statement of Reasons, pdf

Documents Related to These Proposed Regulations:

• STD 399 Economic and Fiscal Impact Statement with Addendum, pdf
• STD 400 Notice Publication/Regulations Submission filed with OAL 11/20/16, pdf

Public Comments Submitted on the AB 953 Proposed Stop Data Regulations

Below please find the written and oral comments submitted by members of the public to the California Department of Justice on the proposed Stop Data Regulations during the first public comment period, which spanned from December 9, 2016 until January 27, 2017. The first document contains all written comments that were submitted, and the subsequent links provide the transcripts from the three public hearings held on the proposed regulations in Los Angeles, Oakland, and Fresno.

• Written Comments Submitted During the 45-Day Comment Period
• LA Hearing Transcription (Condensed), pdf
• Fresno Hearing Transcription (Condensed), pdf
• Oakland Hearing (Condensed), pdf
• Additional Comments Submitted After the Close of the 45-Day Comment Period

If you would like to receive notifications regarding these proposed regulations and on implementation of the Racial and Identity Profiling Act and activities of the Racial and Identity Profiling Advisory Board, please subscribe to the AB 953 Mailing List.

If you have general questions about the rulemaking process, please e-mail AB953@doj.ca.gov.

Please note that we will not respond via email to comments about the proposed regulations. Per Government Code section 11346.9, subdivision (a)(3), all timely and relevant comments to the proposed regulations will be addressed in the final statement of reasons submitted to the Office of Administrative Law at the close of the rulemaking process.  If this is a question about the rulemaking process, we will respond within three business days.

Regulations: Resource Documents

For more information about the Office of Administrative Law and California’s Rulemaking Process, see Office of Administrative Law - California Code of Regulations