Chapter 96A — LAW ENFORCEMENT REPORTING REQUIREMENTS

Sec. 96A.1. Definitions.

Sec. 96A.2. Data Collection.

Sec. 96A.3. Quarterly Analysis and Reporting of Officer Activity.

Sec. 96A.4. Department of Justice Data Reporting.

Sec. 96A.5. Quarterly Crime Victim Data Reporting.

Sec. 96A.6. Undertaking for the General Welfare.

Sec. 96A.7. No Conflict with Federal or State Law.

Sec. 96A.8. Severability.

For purposes of this Chapter 96A:

“Aggravated Assault” means the crime defined in Section 220 of the California Penal Code.

“Assault” means the crime defined in Sections 240 and 245 of the California Penal Code.

“Battery” means the crime defined in Section 242 of the California Penal Code.

“Burglary” means the crime defined in Section 459 of the California Penal Code.

“Child Abuse” means the crime punishable under Section 273a of the California Penal Code.” [1]

"Detention" means an interaction between an Officer and an individual in which the Officer detains the individual.

“Domestic Violence” means the crime defined in Section 273.5 and the crimes punishable under Section 243(e)(1), of the California Penal Code.

“Elder Abuse” means the crime punishable under Section 368 of the California Penal Code, when committed against an elder adult.

"Encounter" means a Detention or Traffic Stop where the Officer initiates activity based solely on the Officer's own observations or the observations and direction of another Officer, rather than on information provided by dispatch or reported by a member of the public.

“First Degree Burglary” means the crime defined in Sections 459 and 460(a) of the California Penal Code.

"Gender Identity" means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth.

“Grand Theft” means the crime defined in Section 487 of the California Penal Code.

“Hate crime” means a crime defined in Section 422.55 of the California Penal Code.

“Location” means the city block where the Encounter or reported crime occurred, or the closest address or intersection thereto.

“Manslaughter” means the crimes defined in Section 192 of the California Penal Code.

“Motor Vehicle Theft” means the crime defined in Section 10851 of the California Penal Code.

“Murder” means the crime defined in Section 187 of the California Penal Code.

“Officer” means a peace officer as defined in Section 830 of the California Penal Code, employed by the Police Department or Sheriff’s Department.

“Personal Identifying Information” means any information that can, on its own or in combination with other information, be used to contact, track, locate, identify, or reasonably infer the identity of, a specific individual.

“Robbery” means the crime defined in Section 211 of the California Penal Code.

“Second Degree Burglary” means the crime defined in Sections 459 and 460(b) of the California Penal Code.

“Sexual Assault” means the crimes defined in Sections 261, 262, 264.1, 266c, 286, 287, 288, 288.1, 288.5, 288.7, and 289 of the California Penal Code.

“Theft” means the crime defined in Section 484 of the California Penal Code.

“Traffic Stop” means an interaction between an Officer and an individual driving a vehicle, in which the Officer orders the individual to stop the vehicle.

“Use of Force” means (a) for purposes of the Police Department, an Officer’s use of force on an individual that is required to be reported by department policy, and (b) for purposes of the Sheriff’s Department, an Officer’s use of force on an individual that results in a known injury.

“Vandalism” means the crime defined in Section 594 of the California Penal Code.

(Added by Ord. 166-15, File No. 150643, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/1/2016; amended by Ord. 40-20, File No. 191074, App. 3/13/2020, Eff. 4/13/2020)

CODIFICATION NOTE

1. So in Ord. 40-20.

(a) When an Officer conducts an Encounter, the Officer shall collect and record the following information:

(1) The date, time, and Location of the Encounter;

(2) The reason for the Encounter (e.g., the statutory or code provision(s) that the Officer believes the individual subject to the Encounter violated, the individual's behavior that justified the Officer's decision to engage in the Encounter, or any other legal basis the Officer relied on to justify the Encounter, etc.);

(3) If the Officer conducted a search during the Encounter, the type of search (e.g., pat search, vehicle search, full body search);

(4) The disposition of the Encounter (e.g., warning, citation, arrest, release with no further action or admonishment);

(5) The race or ethnicity, sex, and approximate age of (A) all individuals subject to the Detention, (B) the driver of a vehicle stopped during a Traffic Stop, and/or (C) the passengers of a vehicle stopped during a Traffic Stop, if the Officer has reasonable suspicion to detain such passengers. The Officer may collect information on age and sex by verbally asking the individual or by requesting to see identification. The Officer may collect information on race or ethnicity by verbally asking the individual. If the individual refuses to provide the information sought pursuant to this subsection (a)(5), the Officer will note that the individual refused the request;

(6) The name and star number of each Officer who participated in the Encounter;

(7) For Encounters conducted by Officers employed by the Police Department, the Officer shall record the police district to which the Officer is assigned, if any.

(b) If two or more Officers conduct an Encounter, the information required by subsection (a) need be recorded by only one of the Officers.

(c) The Officer shall promptly report the information recorded pursuant to subsection (a) to the Officer's employing agency in the manner specified by the agency. To the extent not already in place, the Police Department and the Sheriff's Department shall create systems for collecting and storing the information reported by Officers pursuant to this Section 96A.2.

(d) The Police Department and the Sheriff's Department shall retain the information reported by Officers pursuant to this Section 96A.2 for a minimum of five years after the fiscal year in which the Officer reported it.

(e) If during an Encounter, the Officer is required to interrupt the Encounter to respond to an emergency and the Officer is unable to collect the information required by this Section 96A.2, the Officer shall be exempt from reporting the information required by this Section 96A.2.

(f) This Section 96A.2 shall expire by operation of law on July 1, 2018.

(Added by Ord. 166-15, File No. 150643, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/1/2017; amended by Ord. 97-18, File No. 180188, App. 5/4/2018, Eff. 6/4/2018)

On a quarterly basis (the first Tuesday in February, May, August, and November), the Police Department and the Sheriff’s Department respectively shall send a written report to the Mayor, the Board of Supervisors, the Police Commission, and the Human Rights Commission, covering the previous quarter (quarters commencing January 1, April 1, July 1, and October 1). The reports shall contain the following information for the reporting period:

(a) For Encounters:

(1) The total number;

(2) The total number broken down by race or ethnicity, age, and sex;

(3) The total number of searches performed broken down by race or ethnicity, age, and sex;

(4) The total number of each type of search performed;

(5) For each type of search performed, the total number broken down by race or ethnicity, age, and sex;

(6) The total number of each type of disposition, and the total number for each disposition broken down by race or ethnicity, age, and sex; and

(7) The data for Encounters required to be reported by this subsection (a) shall be reported separately for Detentions and Traffic Stops;

(b) For Use of Force:

(1) The total number of Uses of Force;

(2) The total number of Uses of Force that resulted in death to the person on whom an Officer used force; and

(3) The total number of Uses of Force broken down by race or ethnicity, age, and gender identity;

(c) For arrests:

(1) The total number; and

(2) The total number broken down by race or ethnicity, age, and sex.

(d) The reports shall also include data regarding the reasons for Encounters and arrests. The departments shall develop categories to collect and report this information (e.g., for Detentions and arrests: reasonable suspicion or probable cause based on observation, known probationer or parolee,

consent, etc.; e.g., for Traffic Stops: moving violations, equipment violations, stops based on suspicion of other criminal conduct, etc.). The departments shall explain in the report each category, and shall report the number of Detentions, Traffic Stops, and arrests for each category. The departments shall also report the total number of each category broken down by race or ethnicity, age, and sex.

(e) For purposes of Use of Force reporting, the report shall include data for each time a Use of Force occurred during the reporting period, and shall not be limited to Use of Force during a Traffic Stop or Detention.

(f) The Police Department shall obtain from the Department of Police Accountability (“DPA”) and include in its report the total number of complaints for the reporting period received by DPA that DPA characterizes as allegations of bias based on race or ethnicity, gender, or Gender Identity. The Police Department shall also obtain from DPA and include in its report the total number of DPA complaints closed during the reporting period that DPA characterizes as allegations of bias based on race or ethnicity, gender, or Gender Identity, and the total number of each type of disposition for such complaints.

izes as allegations of bias based on race or ethnicity, gender, or Gender Identity. The Police Department shall also obtain from DPA and include in its report the total number of DPA complaints closed during the reporting period that DPA characterizes as allegations of bias based on race or ethnicity, gender, or Gender Identity, and the total number of each type of disposition for such complaints.

(g) The reports of the Sheriff's Department may separate data for the department's custody division and the department's field division.

(h) The department may include in the report any other information the department concludes will assist in understanding the information required by subsections (a)-(g) of this Section 96A.3. Where subsections (a)-(d) require that total numbers be broken down by race or ethnicity, or sex, the department shall also calculate and report the applicable percentages for each group.

(i) Notwithstanding any other provision of this Chapter 96A, including this Section 96A.3, subsections (a), (c), and (d) of this Section 96A.3 shall expire by operation of law immediately following the submission of the quarterly report due on August 7, 2018, for the quarter commencing April 1, 2018.

(Added by Ord. 166-15, File No. 150643, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/1/2016; amended by Ord. 232-17, File No. 170866, App. 12/8/2017, Eff. 12/8/2017; Ord. 97-18, File No. 180188, App. 5/4/2018, Eff. 6/4/2018; heading amended by Ord. 40-20, File No. 191074, App. 3/13/2020, Eff. 4/13/2020)

(a) The Police Department and the Sheriff’s Department respectively shall report the data required to be collected under California Government Code Section 12525.5 (“Section 12525.5”), for the period July 1, 2018, through December 31, 2018, to the Mayor, the Board of Supervisors, the Police Commission, and the Human Rights Commission, by May 7, 2019. The Police Department and the Sheriff’s Department respectively shall report the data required to be collected under Section 12525.5, for the period January 1, 2019, through June 30, 2019, to the Mayor, the Board of Supervisors, the Police Commission, and the Human Rights Commission, by August 6, 2019.

(b) Beginning on July 1, 2019, on a quarterly basis (the first Tuesday in February, May, August, and November), the Police Department and the Sheriff’s Department respectively shall report to the Mayor, the Board of Supervisors, the Police Commission, and the Human Rights Commission the data required to be collected under Section 12525.5, for the previous quarter (quarters commencing January 1, April 1, July 1, and October 1). The first report under this subsection (b) shall be due November 5, 2019.

(c) The reporting obligations under this Section 96A.4 are in addition to, and do not supplant, the reporting obligations to the Attorney General required by Section 12525.5.

(Added by Ord. 97-18, File No. 180188, App. 5/4/2018, Eff. 6/4/2018)

(Former Sec. 96A.4 added by Ord. 166-15, File No. 150643, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/1/2016; redesignated as Sec. 96A.5 by Ord. 97-18, File No. 180188, App. 5/4/2018, Eff. 6/4/2018; redesignated as Sec. 96A.6 by Ord. 40-20, File No. 191074, App. 3/13/2020, Eff. 4/13/2020)

This subsection 96A.5 shall be known as the Crime Victim Data Disclosure Ordinance.

On a quarterly basis (the first Tuesday in February, May, August, and November), the Police Department shall transmit a written report to the Mayor, the Board of Supervisors, the Office of Racial Equity, the Human Rights Commission, and the Police Commission, and post that report on the Police Department website, covering the previous quarter (quarters commencing January 1, April 1, July 1, and October 1). The report shall include deidentified, aggregate data covering the previous quarter and de-identified, aggregate data for the year to date. The report shall contain the following information:

(a) For each reported Assault, Aggravated Assault, Sexual Assault, First Degree Burglary, Second Degree Burglary (vehicle). Second Degree Burglary (commercial), Child Abuse incident, Elder Abuse incident, Theft, Grand Theft, Motor Vehicle Theft, Robbery, Battery, Vandalism, Domestic Violence incident, Manslaughter, and Murder:

(1) The Location of the crime or crimes;

(2) The reported crime or crimes;

(3) The race or ethnicity of each victim;

(4) The Gender Identity of each victim; and

(5) The age of each victim.

(b) For each Hate Crime reported, if the information has been or will be reported to the California Department of Justice under Penal Code Section 13023:

(1) The Location of the crime or crimes;

(2) The reported crime or crimes;

(3) The disability, if any, of each victim;

(4) The Gender Identity of each victim;

(5) The nationality of each victim;

(6) The race or ethnicity of each victim;

(7) The religion of each victim;

(8) The sexual orientation of each victim; and

(9) Association of the victim with a person or group with one or more of the actual or perceived characteristics listed above in subsections (b)(1)(8).

(c) The report shall include the information listed in subsections (a) and (b) grouped by police district, and also city-wide.

(d) The report shall include, for each crime listed in subsection (a), the total number of victims for that crime and the number and percentage of each of those totals regarding each of the following:

(1) each race or ethnicity reported under subsection (a)(3);

(2) each Gender Identity reported under subsection (a)(4); and

(3) each age reported under subsection (a)(5).

(e) The report shall include the total number of victims of Hate Crimes reported under subsection (b) and the number and percentage of that total regarding each of the following:

(1) each disability reported under subsection (b)(3);

(2) each Gender Identity reported under subsection (b)(4);

(3) each nationality reported under subsection (b)(5);

(4) each race or ethnicity reported under subsection (b)(6);

(5) each religion reported under subsection (b)(7), and

(6) each sexual orientation reported under subsection (b)(8).

(f) The report shall include a comparison of the information required under subsections (d) and (e) for:

(1) the current aggregate year-to-date data and the prior year’s data covering the same period; and

(2) the current quarter and the corresponding quarter for the immediate prior year.

(g) The report shall not include Personal Identifying Information.

(h) The reporting obligations under this Section 96A.5 are in addition to, and do not supplant, the reporting obligations to the Attorney General under Penal Code Section 13023.

(i) This Section 96A.5 shall not be interpreted to require the Police Department to collect data but instead requires only that the Police Department report available data.

(Added by Ord. 40-20, File No. 191074, App. 3/13/2020, Eff. 4/13/2020)

In enacting and implementing this Chapter 96A, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Added as Sec. 96A.4 by Ord. 166-15, File No. 150643, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/1/2016; redesignated as Sec. 96A.5 by Ord. 97-18, File No. 180188, App. 5/4/2018, Eff. 6/4/2018; redesignated by Ord. 40-20, File No. 191074, App. 3/13/2020, Eff. 4/13/2020)

(Former Sec. 96A.6 added as Sec. 96A.5 by Ord. 166-15, File No. 150643, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/1/2016; redesignated as Sec. 96A.6 by Ord. 97-18, File No. 180188, App. 5/4/2018, Eff. 6/4/2018; redesignated as Sec. 96A.7 by Ord. 40-20, File No. 191074, App. 3/13/2020, Eff. 4/13/2020)

(Former Sec. 96A.6 added by Ord. 166-15, File No. 150643, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/1/2016; amended by Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017; redesignated as Sec. 96A.7 by Ord. 97-18,, File No. 180188, App. 5/4/2018, Eff. 6/4/2018; redesignated as Sec. 96A.8 by Ord. 40-20, File No. 191074, App. 3/13/2020, Eff. 4/13/2020)

(a) Nothing in this Chapter 96A shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(b) No provision of this Chapter 96A is intended to abrogate or interfere with the constitutional and statutory power and duties of the Sheriff as interpreted under Government Code section 25303, or other applicable State law or judicial decision.

(Added as Sec. 96A.5 by Ord. 166-15, File No. 150643, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/1/2016; redesignated as Sec. 96A.6 by Ord. 97-18, File No. 180188, App. 5/4/2018, Eff. 6/4/2018; redesignated by Ord. 40-20, File No. 191074, App. 3/13/2020, Eff. 4/13/2020)

(Former Sec. 96A.7 added as Sec. 96A.6 by Ord. 166-15, File No. 150643, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/1/2016; amended by Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017; redesignated as Sec. 96A.7 by Ord. 97-18, File No. 180188, App. 5/4/2018, Eff. 6/4/2018; redesignated as Sec. 96A.8 by Ord. 40-20, File No. 191074, App. 3/13/2020, Eff. 4/13/2020)

If any section, subsection, sentence, clause, phrase, or word of this Chapter 96A, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

(Added as Sec. 96A.6 by Ord. 166-15, File No. 150643, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/1/2016; amended by Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017; redesignated as Sec. 96A.7 by Ord. 97-18, File No. 180188, App. 5/4/2018, Eff. 6/4/2018; redesignated by Ord. 40-20, File No. 191074, App. 3/13/2020, Eff. 4/13/2020)