(1) “Act” means the provisions of the Racial and Identity Profiling Act of 2015, also known as “AB 953,” which are contained in Government Code section 12525.5, Penal Code section 13012, and Penal Code section 13519.4.

(2) “Consensual search” is a search that occurs when a person gives a peace officer consent or permission to search the person or the person's property. Consent can be given in writing or verbally, or may be implied by conduct.

(3) “Custodial setting” means correctional institutions, juvenile detention facilities, and jails, including parking lots and grounds within the perimeter of these enumerated facilities. “Custodial setting” also includes a courtroom or courthouse in the limited circumstance where a court orders a person remanded into custody. “Custodial setting” does not include home detention or any circumstances where persons are under house arrest outside of correctional institutions, juvenile detention facilities, or jails.

(4) “Data element” refers to a category of information the peace officer must report regarding a stop. For example, “perceived gender of person stopped” is a data element that must be collected under Government Code section 12525.5.

(5) “Data value” is a component or characteristic of a data element to be used in reporting each data element. For example, “Cisgender man/boy,” “Cisgender woman/girl,” “Transgender man/boy,” “Transgender woman/girl,” and “Nonbinary person” are each data values to use in reporting the data element “perceived gender of person stopped.” Reporting agencies shall ensure that the technical specifications for data values are consistent with these regulations and in doing so shall follow the data dictionary prepared by the Department.

(6) “Department” refers to the California Department of Justice or the California Attorney General.

(7) “Detention,” unless otherwise provided in these regulations, means a seizure of a person by an officer that results from physical restraint, unequivocal verbal commands, or words or conduct by an officer that would result in a reasonable person believing that they are not free to leave or otherwise disregard the officer.

(8) “Firearm” means a weapon that fires a shot by the force of an explosion, and includes all handguns, rifles, shotguns, and other such devices commonly referred to as firearms.

(9) “K-12 Public School” means “California state educational institution,” as defined in this chapter.

(10) “Matched suspect description” means the stopped person's physical appearance matches the description of the physical appearance of person suspected of having committed a crime.

(11) “Matched description of suspect's vehicle or vehicle observed at the scene of a crime” means the stopped person's vehicle matches the description of the suspect's vehicle or a vehicle observed at the scene of a crime.

(12) “Personally identifying information,” “personally identifiable information,” and “personal identifying information,” as referenced in these regulations have the same meaning as “personal identifying information” as set forth in Penal Code section 530.55, subdivision (b), and includes an officer's badge number.

(13) “Probation officer” means an adult probation officer authorized by Penal Code section 1203.5, or a juvenile probation officer authorized by Welfare and Institutions Code section 270, whose duties are defined in Penal Code section 830.5 or Welfare and Institutions Code sections 280 and 283, respectively.

(14) “Probable cause to arrest,” when used in the data value of “Probable cause to arrest or search” means a set of specific facts that would lead a reasonable person to objectively believe and strongly suspect that a crime was committed by the person to be arrested. “Probable cause to arrest” requires a higher standard of proof than “Reasonable suspicion.”

(15) “Probable cause to search,” when used in the data value of “Probable cause to arrest or search” means a specific set of facts that would lead a reasonable person to objectively believe and strongly suspect that contraband or evidence of a crime would be found. “Probable cause to search” requires a higher standard of proof than “Reasonable Suspicion.”

(16) “Reasonable suspicion” requires that there is a set of specific facts that would lead a reasonable person to believe that the stopped person is committing a crime, recently committed a crime, or is about to commit a crime. Reasonable suspicion cannot be based solely on a hunch or instinct. “Reasonable Suspicion” requires a lesser standard of proof than “Probable cause to arrest or search.”

(17) “Reporting agency” means:

(18) “School resource officer” includes, but is not limited to, “school resource officer” as defined by 42 U.S.C. § 3796dd-8(4).

(19) “Search,” unless otherwise provided, means a search of a person's body or property in the person's possession or under their control, and includes a pat-down search of a person's outer clothing as well as a consensual search, as defined in these regulations.

(20) “Stop” for purposes of these regulations means (1) any detention, as defined in these regulations, by a peace officer of a person; or (2) any peace officer interaction with a person in which the officer conducts a search, as defined in these regulations.

(21) “Stop data” refers collectively to the data elements and data values that must be reported to the Department.

(22) “Student” means any person who is enrolled in a K-12 Public School, or any person who is subject to California's compulsory education law as provided in Education Code section 48200. A “student” includes persons between 6 and 18 years of age who are not otherwise exempt from the compulsory education laws as provided in Education Code section 48200. “Student” also refers to persons up to 22 years of age who are being provided special education and services, as provided under Education Code section 56026. The reporting requirements of this chapter regarding “students” apply only to interactions between officers and students that take place in a K-12 Public School.

(23) “Unique Identifying Information” means personally identifying information, the release of which, either alone or in combination with other data reported, is reasonably likely to reveal the identity of the individual officer who collected the stop data information. It does not include the minimum information that is specified in Government Code section 12525.5, subdivision (b).

(24) “Vehicle” means motor vehicles as defined in Vehicle Code section 670; motorcycles, mopeds, and motorized scooters as defined in Vehicle Code sections 400, 406, and 407.5, respectively; and any motorized vehicles, including boats.

(25) “Welfare or wellness check or community caretaking function” relates to an officer's non-crime related duties that are not performed for the purpose of investigating a crime. A welfare or wellness check or the officer's community caretaking function cannot serve as a basis for initiating a detention or search.