BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 71 (Rodriguez) - Criminal justice:  reporting
          
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          |Version: July 6, 2015           |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 17, 2015   |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File.




          Bill  
          Summary:  AB 71 would require law enforcement agencies to  
          annually report to the Department of Justice (DOJ) incidents  
          involving the use of force by and against peace officers, and  
          incidents of peace officer-involved shootings, as specified. 


          Fiscal  
          Impact:  
           Potentially significant one-time and ongoing  
            state-reimbursable local costs in the hundreds of thousands of  
            dollars (General Fund) annually to track and report the  
            detailed information for each type of incident. Initial costs  
            would be dependent on the tool prescribed for data reporting  
            by the DOJ. Annual costs would be dependent on the number of  
            incidents subject to the reporting requirements and the  
            associated workload to collect and report this data.  
           One-time significant costs potentially in the hundreds of  







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            thousands of dollars (General Fund) to the DOJ to develop the  
            database and complete programming to enable reporting of the  
            specified data by law enforcement agencies. Minor ongoing  
            costs for DOJ to report the specified incident data for its  
            own officers.
           Minor, absorbable impact to the California Highway Patrol  
            (CHP), Department of State Hospitals (DSH), Department of  
            Corrections and Rehabilitation (CDCR), and the Department of  
            Fish and Wildlife (DFW), assuming the number of incidents to  
            be reported is minimal. 


          Background:  In response to the rash of highly publicized deaths of  
          civilians by peace officers, and amid protests in numerous  
          cities across the nation, President Barack Obama signed an  
          Executive Order on December 18, 2014, creating the Task Force on  
          21st Century Policing in an effort to strengthen community  
          policing and trust among law enforcement officers and the  
          communities they serve. In its Final Report of the President's  
          Task Force on 21st Century Policing, dated May 18, 2015, with  
          respect to policy and oversight, the Task Force recommended the  
          following:

              To achieve this end, law enforcement agencies should  
              have clear and comprehensive policies on the use of  
              force (including training on the importance of  
              de-escalation), mass demonstrations (including the  
              appropriate use of equipment, particularly rifles and  
              armored personnel carriers), consent before searches,  
              gender identification, racial profiling, and  
              performance measures - among others such as external  
              and independent investigations and prosecutions of  
              officer-involved shootings and other use of force  
              situations and in-custody deaths. These policies  
              should also include provisions for the collection of  
              demographic data on all parties involved. All  
              policies and aggregate data should be made publicly  
              available to ensure transparency.

          Additionally, U.S. Senators Boxer and Booker recently introduced  
          S. 1476, the Police Reporting Information, Data and Evidence Act  
          of 2015 (PRIDE Act) on June 2, 2015. This bill would authorize  
          federal grants to eligible states to report annually to the U.S.  
          DOJ on any incident in which a law enforcement officer is  








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          involved in a shooting, and any other instance in which use of  
          force by or against a law enforcement officer or civilian  
          results in serious bodily injury or death. This bill was  
          recently referred to the U.S. Senate Committee on the Judiciary.

          This bill seeks to enact state statute requiring data collection  
          and reporting by state and local law enforcement agencies  
          consistent with the data reporting requirement included in the  
          pending federal legislation.


          Proposed Law:  
           This bill would require, commencing January 1, 2017, each law  
          enforcement agency to annually furnish to the DOJ in a manner  
          defined and prescribed by the AG, a report of all instances when  
          a peace officer employed by that agency is involved in any of  
          the following:
                 An incident involving the shooting of a civilian by a  
               peace officer.
                 An incident involving the shooting of a peace officer by  
               a civilian.
                 An incident in which the use of force by a peace officer  
               against a civilian results in serious bodily injury or  
               death.
                 An incident in which the use of force by a civilian  
               against a peace officer results in serious bodily injury or  
               death.

          For each incident reported above, this bill requires the  
          information reported to the DOJ to include the following  
          information:
                 The gender, race, and age of each individual who was  
               shot, injured, or killed.
                 The date, time, and location of the incident.
                 Whether the civilian was armed, and if so, the type of  
               weapon.
                 The type of force used against the officer, the  
               civilian, or both, including the types of weapons used.
                 The number of officers involved in the incident.
                 The number of civilians involved in the incident.
                 A brief description regarding the circumstances  
               surrounding the incident, which may include the nature of  
               injuries to officers and civilians and perceptions on  
               behavior or mental disorders.








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          This bill requires the DOJ to annually include a summary of  
          information contained in the reports in its annual crime report,  
          as specified, classified according to the law enforcement  
          jurisdiction. In cases involving a peace officer who is injured  
          or killed, this bill requires the report to list the officer's  
          employing jurisdiction and the jurisdiction where the injury or  
          death occurred, if different.


          Related  
          Legislation:  S. 1476 (Boxer and Booker) 2015, The Police  
          Reporting Information, Data and Evidence Act of 2015 (PRIDE  
          Act), was introduced on June 2, 2015, and would authorize  
          federal grants to eligible states to report annually to the U.S.  
          DOJ on any incident in which a law enforcement officer is  
          involved in a shooting, and any other instance in which use of  
          force by or against a law enforcement officer or civilian  
          results in serious bodily injury or death. This bill has been  
          referred to the U.S. Senate Committee on the Judiciary.
          AB 953 (Weber) 2015 would require each state and local agency  
          that employs peace officers to annually report data to the AG on  
          all "stops," as defined, conducted by the agency's peace  
          officers, and require that data to include specified  
          information. The bill would also require the AG to analyze the  
          data collected, report its findings from the first analysis by  
          January 1, 2019, issue reports each January 1, thereafter, and  
          make the reports available to the public by posting them on the  
          DOJ website. This bill is scheduled to be heard today by this  
          Committee.




          Staff  
          Comments:  The DOJ could potentially incur one-time moderate  
          costs in the mid- to high hundreds of thousands of dollars  
          (General Fund) to develop the database and complete programming  
          to enable reporting of the specified data by law enforcement  
          agencies. 
          This bill requires each state and local law enforcement agency  
          report specified data to the DOJ on an annual basis. There are  
          currently 482 cities and 58 counties in the State. While  
          statewide costs cannot be estimated with certainty, given the  








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          large number of local agencies and the types of data required to  
          be collected and reported, these activities could result in  
          significant one-time and ongoing costs, potentially in excess of  
          hundreds of thousands of dollars annually. To the extent local  
          agency expenditures qualify as a reimbursable state mandate,  
          agencies could claim reimbursement of those costs (General  
          Fund). For context, the Commission on State Mandates' statewide  
          cost estimate for Crime Statistics Reports for the DOJ reflects  
          eligible reimbursement of over $13.6 million per year for  
          slightly over 50 percent of local agencies reporting.  

          The costs to individual agencies would vary widely and depend on  
          various factors, including but not limited to the size of the  
          agency, the number of incidents to be reported, the method of  
          collecting the data (which is not specified in the bill), the  
          workload involved to collect and report the data as prescribed  
          by the DOJ, and any potential training conducted by each agency.  



          The CHP has indicated the costs associated with meeting the  
          reporting requirements of this bill would be absorbable.  
          Although the bill increases workload associated with the  
          reporting of specified incidents, the CHP has indicated these  
          types of incidents are infrequent, and the reporting  
          requirements are not anticipated to create a significant burden  
          on existing resources. 




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