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§ 999.227.

11 CA ADC § 999.227Barclays Official California Code of RegulationsEffective: January 1, 2024

Barclays California Code of Regulations
Title 11. Law
Division 1. Attorney General
Chapter 19. Racial and Identity Profiling Act of 2015 Regulations
Article 4. Reporting Requirements
Effective: January 1, 2024
11 CCR § 999.227
§ 999.227.
Currentness
(a) General Reporting Requirements.
(1) Peace officers subject to the reporting requirements of this chapter shall submit the data elements described in section 999.226, subdivision (a) for every person stopped by the officer, except as provided in subdivisions (b), (c), (d) and (e) of this section.
(2) The data elements described in section 999.226, subdivision (a) are the minimum that a reporting agency shall collect and report. Nothing in this section prohibits a reporting agency from voluntarily collecting additional data.
(3) Nothing in this section prohibits an agency not subject to these regulations from submitting stop data voluntarily to the Department.
(4) When two or more reporting agencies are involved in a stop, only the primary agency shall submit a report. The primary agency is the agency with investigative jurisdiction based on local, county, or state law or applicable interagency agreement or memoranda of understanding. If there is uncertainty as to the primary agency, the agencies shall agree on which agency is the primary agency for reporting purposes. If a stop is done in conjunction with a reporting agency and an agency that is not subject to the reporting requirements of this chapter, the reporting agency is required to submit data on the stop, even if it is not the primary agency responsible for the stop. An officer must indicate, where relevant, if they work with the non-primary agency.
(A) Example: Deputy A works at a Sheriff's Office as part of a joint task force with the federal Drug Enforcement Administration (DEA). As part of the joint task force, DEA officers and Deputy A stopped, searched, and arrested one person outside of a residence. Although the DEA was the primary agency for this stop, Deputy A is required to report the stop and their perceptions of the stopped person's race, gender, sexual orientation, among other data elements in Section 999.226, at the time Deputy A formed those perceptions.
(5) If more than one peace officer of a reporting agency conducts a stop, only one officer shall collect and report the information required to be reported in this chapter. The officer with the highest level of engagement with the person stopped shall submit the full report for all data elements, regardless of whether that officer performed the specific action(s) reported.
(A) Example: If Officer A stops a person, questions them, and conducts a subsequent consensual search that results in the discovery of narcotics, but Officer B handcuffs the person and takes the person into custody, Officer A would complete the stop report and include all relevant actions of both Officer A and B in that stop report.
(6) If multiple persons are stopped during one incident, then applicable stop data shall be submitted for each person within a single report, except that passengers in a vehicle that is stopped shall be reported only as set forth in subdivision (b) of this section.
(7) Nothing prohibits agencies subject to this chapter from providing information to the Department earlier than the deadlines set forth in Government Code section 12525.5, subdivision (a).
(8) On January 1 of each year until the agency begins reporting data to the Department, each reporting agency shall count the number of peace officers it employs who are subject to this chapter to determine the date that agency must start collecting stop data and reporting to the Department pursuant to Government Code section 12525.5, subdivisions (a)(1) and (a)(2).
(9) An officer shall complete all stop reports for stops made during their shift by the end of that shift, unless exigent circumstances preclude doing so. In such circumstances, the data shall be completed as soon as practicable.
(10) In order to ensure compliance with these regulations, a reporting agency, its officers, or both may review the stop data to correct errors before submitting the stop data to the Department. Once the stop data is submitted to the Department, however, an agency can only revise stop data through the Department's error resolution process.
(11) Reporting agencies shall create the Officer's I.D. Number defined at section 999.226, subdivision (a)(19) for each officer required to report stops under these regulations. Stop reports submitted to the Department shall include the Officer's I.D. Number, but shall not include the officer's name or badge number. However, each reporting agency shall maintain a system to match an individual officer to their Officer's I.D. Number.
(b) Reporting Requirements for Passengers in Vehicle Stops.
(1) Peace officers shall not submit the data elements described in section 999.226, subdivision (a) for passengers in vehicles subject to a stop unless either of the following applies:
(A) The passenger is observed or suspected of violating the Vehicle Code or any other applicable law or ordinance.
1. Example: An officer pulls over a vehicle because they observe the passenger of a vehicle throw a cigarette outside of the vehicle. The “Reason for Stop” is that the passenger was suspected of violating the Vehicle Code.
(B) The passenger is subjected to any of the actions identified as data values in section 999.226, subdivision (a)(16)(B), excluding “Vehicle impounded” and “None.” as well as actions identified as data values in section 999.226, subdivision (a)(17)(A), excluding “None.”
1. Example: An officer stops a speeding SUV containing an adult and their two small children. During the stop, the officer learns that the adult's license has been revoked. The officer then orders the family to exit the vehicle and sit on the curb while they question the adult. The officer shall submit stop data for each person, because ordering persons to sit on the curb is a data value in section 999.226, subdivision (a)(16)(B).
2. Example: An officer stops a speeding truck containing an adult and their two teenage children. During the stop, the officer learns that the vehicle is stolen, and must impound the vehicle. The officer arrests the adult, and then asks the teenage children to exit the car so that the officer can impound the vehicle. The officer shall not submit stop data for the two children because “Vehicle impounded” is excluded from the data values under section 999.226, subdivision (a)(16)(B) that trigger the reporting of stop data regarding passengers.
(c) Peace Officer Interactions that Are Not Reportable. The following interactions, even if they otherwise meet the definition of “detention” set forth in this chapter, shall not be construed to be “detentions” and shall not be reported as stops.
(1) Stops during public safety mass evacuations, including bomb threats, gas leaks, flooding, earthquakes and other similar critical incidents, are not subject to the reporting requirements of this chapter.
(2) Stops during an active shooter incident, meaning an individual is actively engaged in killing or attempting to kill people in a populated area, are not subject to the reporting requirements of this chapter.
(3) Stops that occur during or as a result of routine security screenings required of all persons to enter a building or special event, including metal detector screenings, including any secondary searches that result from that screening, are not subject to the reporting requirements of this chapter.
(d) Peace Officer Interactions that Are Reportable Only if the Officer Takes Additional Specified Actions
(1) Interactions that take place during the following circumstances shall be reported if the person is detained based upon individualized suspicion or personal characteristics and/or the officer engages in any of the actions described in the data values set forth in section 999.226, subdivision (a)(16)(B), excluding “None.” and as well as actions identified as data values in section 999.226, subdivision (a)(17)(A), excluding “None.”:
(A) Traffic control of vehicles due to a traffic accident or emergency situation that requires that vehicles are stopped for public safety purposes.
(B) Any type of crowd control in which pedestrians are made to remain in a location or routed to a different location for public safety purposes.
(C) Interactions during which persons are detained at a residence only so that officers may check for proof of age for purposes of investigating underage drinking.
1. Example: An officer is dispatched to a residence to investigate a noise complaint. Upon arrival, the officer suspects that some of the persons at the house party are engaged in underage drinking and they detain the persons to request identification to verify proof of age. Because the only action the officer takes is to detain the persons for the sole purpose of verifying proof of age, these interactions are not reportable.
2. Example: At that same party, the officer, in addition to detaining a person to question them, also asks to search the person. Regardless of whether the person consents to the search or is actually searched, that interaction is reportable because asking for consent to search and/or conducting a search are data values under section 999.226, subdivision (a)(16)(B) that trigger reporting of stop data in these settings.
(D) Checkpoints or roadblocks in which an officer detains a person as the result of a blanket regulatory activity or neutral formula that is not based on individualized suspicion or personal characteristics.
1. Example: A checkpoint or roadblock, including a DUI sobriety checkpoint, that stops all vehicles or stops randomly selected vehicles using a neutral formula, i.e., not based on individualized suspicion or personal characteristics, is not subject to the reporting requirements of this chapter.
(E) Any type of transit sweep where all transit passengers are detained for the purpose of determining whether they have paid transit fare.
1. Example: An officer orders all passengers in a Los Angeles County Metro Rail car to stay in place until the officer had the opportunity to check that all passengers have valid tickets. Because the officer checked all passengers and took no other actions, these interactions are not subject to the reporting requirements of this chapter.
(2) Interactions that take place with a person in their residence who is the subject of an arrest warrant, search warrant or search condition are not subject to the reporting requirements of this chapter. A peace officer shall, however, report any interaction with a person who is the subject of an arrest or search warrant or search condition that takes place anywhere other than the person's residence. A peace officer shall also report any interactions with persons in the residence who are not the subject of the warrant or search condition, if the officer takes any of the following actions: handcuffs or flex cuffs the person; arrests the person; points a firearm, electronic control device, or impact projectile weapon at the person; discharges or uses a firearm, electronic control device, impact projectile, baton or other impact weapon, or chemical spray on the person; or if a canine bit/held the person.
1. Example: Officer A goes to a residence to execute a search warrant, which includes language to detain all occupants suspected or believed to have participated in the illegal activity cited in the warrant. At the residence, Officer A encounters a person named in the warrant and three other people not named in the warrant. Officer A handcuffs all four people in the residence. Officer A must complete stop data entries for the three people not named in the warrant.
2. Example: Officer B drives to a residence to conduct a search pursuant to a person's post-release community supervision (PRCS). Officer B spots the person on PRCS on the sidewalk outside his house. At some point during their interaction, Officer B handcuffs the person. Officer B must complete a stop data entry for this interaction.
(3) Interactions that take place with a person in their residence who is the subject of home detention or house arrest while an officer is on home detention or house arrest assignment, are not subject to the reporting requirements of this chapter. A peace officer shall, however, report any interaction with a person who is the subject of an arrest or search warrant or search condition that takes place anywhere other than the person's residence. A peace officer shall also report any interactions with persons in the home who are not the subject of the home detention or house arrest, if the officer takes any of the following actions: handcuffs or flex cuffs the person; arrests the person; points a firearm, electronic control device, or impact projectile weapon at the person; discharges or uses a firearm, electronic control device, impact projectile, baton or other impact weapon, or chemical spray on the person; or if a canine bit/held the person.
1. Example: Officer A goes to a residence to conduct a compliance check on a person on home detention. Officer A arrives at the residence and encounters four relatives of the person on home detention. At some point during the compliance check, Office A points his firearm at one of the relatives. Officer A must complete stop data entry for the person at whom they pointed their firearm.
2. Example: Officer B goes to a residence to conduct a compliance check on a person on home detention. At the residence, Officer B encounters two other people and asks them to step outside the house. Officer B takes no other action towards the two other people. Officer B need not complete a stop data entry for this interaction.
(e) Reporting Requirements for Stops of Students at a K-12 Public School.
(1) Stops of persons who are not students are subject to the reporting requirements set forth in section 999.227, subdivision (a)-(d), even if the stop takes place at a K-12 Public School.
(2) The exceptions to reporting set forth at section 999.227, subdivision (b), (c), and (d) shall apply to stops in K-12 Public School, regardless of whether the stops are of students or non-students.
(3) In addition, in a K-12 Public School, an officer shall report only the following interactions with students as stops:
(A) Any interaction that results in a temporary custody under Welfare and Institutions Code section 625, citation, arrest, permanent seizure of property as evidence of a criminal offense, or referral to a school administrator because of suspected criminal activity.
(B) Any interaction in which the student is questioned for the purpose of investigating whether the student committed a violation of law, including violations of Education Code sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7, or to determine whether the student is truant.
(C) Any interaction in which an officer engages in one or more of the data values set forth in section 999.226, subdivision (a)(16)(B), excluding “None,” as well as actions identified as data values in section 999.226, subdivision (a)(17)(A), excluding “None.” This does not include a detention or search that is conducted of all persons as part of a neutrally applied formula that is not based upon personal characteristics. This includes searches conducted at the entries and exits of school facilities by screening devices, and secondary screenings that result from that initial screening.
1. Example: All students entering a school are required to pass through a metal detector. A school police officer searches a student's person or belongings because a metal detector is activated. The interaction shall not be reported.
2. Example: An officer searches a student's backpack because they suspect the backpack contains narcotics. The interaction is reportable.
(4) In reporting interactions with students at a K-12 Public School, the officer shall utilize the data elements and corresponding data values set forth in section 999.226, with the addition of the following data values, which the officer shall select if applicable:
(A) “Location of Stop.” In addition to reporting the data values in section 999.226, subdivision (a)(3)(A) and (B) above, the officer shall provide the name of the school where the stop took place. To ensure uniformity, the Department of Justice shall provide a list of the names of K-12 Public Schools, using information obtained from the Department of Education. The officer shall also indicate that the stop is of a student.
(B) “Perceived or Known Disability.” If the stop of a student takes place at a K-12 Public School, in addition to selecting all applicable data values in section 999.226, subdivision (a)(9) above, the officer shall also select the following data value if applicable:
1. Disability related to hyperactivity or impulsive behavior
(C) “Reason for Stop.” When reporting this data element, the officer shall select the primary reason for the stop from among the data values in section 999.226, subdivision (a)(14) as well as the additional data values provided below. “Student violated school policy” should only be selected if other options related to violations of law (e.g., Penal Code or Education Code) do not apply.
1. Possible conduct warranting discipline under Education Code sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7. When selecting this data value, the officer shall identify the primary code section and subdivision from the following options: 48900(a) through 48900(r); 48900.2; 48900.3; 48900.4; and 48900.7(a).
2. Determine whether the student violated school policy
(D) “Non-Force-Related Actions Taken by Officer During Stop” and “Force-Related Actions Taken by Officer During Stop.” When reporting these data elements, in addition to selecting the applicable data values in section 999.226, subdivision (a)(16)(B) and (17)(A) above, the officer shall also select the following data value if applicable:
1. Admission or written statement obtained from student
(E) “Basis for Search.” When reporting this data element, in addition to selecting the applicable data values in section 999.226, subdivision (a)(16)(C) above, the officer shall also select the following data value if applicable:
1. Suspected violation of school policy
(F) “Basis for Property Seizure.” When reporting this data element, in addition to selecting the applicable data values in section 999.226, subdivision (a)(16)(E)1. above, the officer shall also select the following data value if applicable:
1. Suspected violation of school policy
(G) “Result of Stop.” When reporting this data element, in addition to selecting the applicable data values in section 999.226, subdivision (a)(18) above, the officer shall also select the following data values if applicable:
1. Referral to school administrator
2. Referral to school counselor or other support staff

Credits

Note: Authority cited: Section 12525.5, Government Code. Reference: Section 12525.5, Government Code.
History
1. New article 4 (section 999.227) and section filed 11-7-2017; operative 11-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 45).
2. Amendment filed 8-5-2022; operative 1-1-2024 pursuant to Government Code section 11343.4(b)(2) (Register 2022, No. 31).
3. Amendment of subsections (a)(11), (b)(1)(B)-(b)(1)(B)2., (d)(1), (d)(1)(C)2., (e)(3)(C), (e)(4)(D), (e)(4)(E), (e)(4)(F) and (e)(4)(G) filed 10-11-2023; operative 1-1-2024 (Register 2023, No. 41).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 11, § 999.227, 11 CA ADC § 999.227
End of Document