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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.
(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)
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 de-identified, 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.
(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.
(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)