1. (a) Biased conduct is 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 Penal Code Section 13101, which is motivated by bias toward any person's protected class or characteristic, as identified in Civil Code Section 51(b), whether actual or perceived. Biased conduct may result from implicit and explicit biases. 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 Civil Code Section 51(b). An officer need not admit biased or prejudiced intent for conduct to be determined to be biased conduct.

Note: Authority cited: Sections 13506 and 13510.6, Penal Code. Reference: Sections 13510.6 and 13519.4, Penal Code.

History

1. New section filed 1-22-2026; operative 1-22-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 4).