California Penal Code 13510.6 – (a) The commission shall establish a definition of “biased …
(a) The commission shall establish a definition of “biased conduct” that, at a minimum, includes all of the following:
(1) Biased conduct includes any conduct, including, but not limited to, conduct online, such as social media use, engaged in by a peace officer in any encounter with the public, first responders, or employees of criminal justice agencies, as defined in Section 13101, motivated by bias toward any person‘s protected class or characteristic, whether actual or perceived, that is described in subdivision (b) of § 51 of the Civil Code.
Terms Used In California Penal Code 13510.6
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
- person: includes a corporation as well as a natural person. See California Penal Code 7
(2) Biased conduct may result from implicit and explicit biases.
(3) Conduct is biased if a reasonable person with the same training and experience would conclude, based upon the facts, that the officer’s conduct resulted from bias towards that person’s membership in a protected class described in paragraph (1).
(4) An officer need not admit biased or prejudiced intent for conduct to be determined to be biased conduct.
(b) When investigating any bias-related complaint or incident that involves possible indications of officer bias, a law enforcement agency shall determine whether the conduct being investigated constitutes “biased conduct,” using the definition developed by the commission in accordance with subdivision (a).
(c) The commission shall develop guidance for local law enforcement departments on performing effective internet and social media screenings of officer applicants. The guidance shall include, at minimum, strategies for identifying applicant social media profiles and for searching for, and identifying, content indicative of potential biases, such as affiliation with hate groups.
(d) In the investigation of any complaint involving any law enforcement activity described in subdivision (e) of Section 13519.4, the investigating law enforcement agency shall determine if racial profiling, as defined in that section, occurred.
(e) This section shall become operative on January 1, 2026.
(Added by Stats. 2023, Ch. 439, Sec. 1. (AB 443) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.)