BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                         AB 71|
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                                   THIRD READING 


          Bill No:  AB 71
          Author:   Rodriguez (D)
          Amended:  9/3/15 in Senate
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 7/14/15
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  6-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza
           NO VOTE RECORDED:  Nielsen

           ASSEMBLY FLOOR:  80-0, 6/1/15 - See last page for vote

           SUBJECT:   Criminal justice: reporting


          SOURCE:    Author

          DIGEST:   This bill requires law enforcement agencies to report  
          all instances when a peace officer is involved in: 1) an  
          incident involving the shooting of a civilian by a peace  
          officer; 2) an incident involving the shooting of a peace  
          officer by a civilian; 3) an incident in which the use of force  
          by a peace officer against a civilian results in serious bodily  
          injury or death; and, 4) an incident in which use of force by a  
          civilian against a peace officer results in serious bodily  
          injury or death, as specified.  

          Senate Floor Amendments of 9/3/15 make technical and clarifying  
          changes.  The amendments clarify that provisions of this bill do  
          not authorize the release to the public of the badge number or  
          other unique identifying information of the peace officer  








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          involved in the use of force, as specified. 

          ANALYSIS: 
          
          Existing law: 

          1)Provides, in Penal Code section 13020, that it is the duty of  
            each city marshal, chief of police, railroad and steamship  
            police, sheriff, coroner, district attorney, city attorney and  
            city prosecutor having criminal jurisdiction, as well as other  
            agencies or persons dealing with crimes and criminals or with  
            delinquency or delinquents, when requested by the Attorney  
            General (AG):

             a)   To install and maintain records needed for the correct  
               reporting of statistical data required by the AG; 

             b)   To report statistical data to the Department of Justice  
               (DOJ) at those times and in the manner that the AG  
               proscribes; and,

             c)   To give to the AG, or his or her accredited agent,  
               access to the statistical data for the purpose of carrying  
               out the purposes of carrying out the relevant law. 

          2)Requires each sheriff and chief of police to annually furnish  
            the DOJ, in the manner prescribed by the AG, a report of all  
            justifiable homicides committed in his or her jurisdiction. In  
            cases where both a sheriff and chief of police would be  
            required to report a justifiable homicide under this section,  
            only the chief of police shall report the homicide.  (Penal  
            Code § 13022.)

          3)States that, subject to the availability of adequate funding,  
            the AG shall direct local law enforcement agencies to report  
            to DOJ, in a manner to be prescribed by the AG, any  
            information that may be required relative to hate crimes, as  
            specified, and requires, on or before July 1 of each year, DOJ  
            to submit a report to the Legislature analyzing the results of  
            the information obtained from local law enforcement agencies.   
            (Penal Code § 13023(a) and (b).)

          4)Includes within DOJ's annual reporting requirements the number  
            of citizens' complaints received by law enforcement agencies.   







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            These statistics shall indicate the total number of these  
            complaints, the number alleging criminal conduct of either a  
            felony or misdemeanor, and the number sustained in each  
            category.  The report shall not contain a reference to any  
            individual agency but shall be by gross numbers only.  (Penal  
            Code § 13012(e).)

          5)Mandates in any case in which a person dies while in the  
            custody of any law enforcement agency or while in custody in a  
            local or state correctional facility in this state, the law  
            enforcement agency or the agency in charge of the correctional  
            facility shall report in writing to the AG, within 10 days  
            after the death, all facts in the possession of the law  
            enforcement agency or agency in charge of the correctional  
            facility concerning the death.  Proscribes that these writings  
            are public records within the meaning of the California Public  
            Records Act and are open to public inspection, except  
            confidential medical information.  (Government Code § 12525.)

          This bill:

          1)Requires, beginning 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:

             a)   An incident involving the shooting of a civilian by a  
               peace officer;

             b)   An incident involving the shooting of a peace officer by  
               a civilian;

             c)   An incident in which the use of force by a peace officer  
               against a civilian results in serious bodily injury or  
               death; or,

             d)   An incident in which use of force by a civilian against  
               a peace officer results in serious bodily injury or death.

          2)Requires, for each incident reported, law enforcement to  
            report, at a minimum: 

             a)   The gender, race, and age of each individual who was  







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               shot, injured, or killed;  

             b)   The date, time, and location of the incident; 

             c)   Whether the civilian was armed, and, if so, the type of  
               weapon the civilian had;

             d)   The type of force used against the officer, the  
               civilian, or both, including the types of weapons used; 

             e)   The number of officers involved in the incident; 

             f)   The number of civilians involved in the incident; and,

             g)   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.

          3)Requires DOJ to include a summary of information contained in  
            the reports received pursuant to this bill in its annual crime  
            report issued by the department pursuant to Section 13010.   
            This information shall be classified according to the  
            reporting law enforcement jurisdiction.  In cases involving a  
            peace officer who is injured or killed, the report must list  
            the officer's employing jurisdiction and the jurisdiction  
            where the injury or death occurred, if they are not the same.   
            States that this provision does not authorize the release to  
            the public of the badge number or other unique identifying  
            information of the peace officer involved in the use of force.

          4)Defines "serious bodily injury" as "bodily injury that  
            involves a substantial risk of death, unconsciousness,  
            protracted and obvious disfigurement, or protracted loss or  
            impairment of the function of a bodily member or organ."

          Background

          On June 2, 2015, U.S. Senators Barbara Boxer and Cory Booker  
          introduced the Police Reporting of Information, Data and  
          Evidence Act:

               This legislation that would bring transparency and  
               accountability to law enforcement agencies nationwide by  







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               requiring states to report to the Justice Department on any  
               incident in which a law enforcement officer is involved in  
               a shooting, and any other instance where use of force by or  
               against a law enforcement officer or civilian results in  
               serious bodily injury or death. This information would help  
               federal, state and local officials to better protect the  
               public and law enforcement officers.

               The PRIDE Act was introduced the same week that a  
               Washington Post report revealed that 385 people were shot  
               and killed by police nationwide since January - more than  
               two a day. That number is more than twice the rate of fatal  
               police shootings tallied by the federal government over the  
               past decade, because there are currently no comprehensive  
               federal programs to collect data on law  
               enforcement-involved shootings and use of force. The  
               Federal Bureau of Investigation (FBI) captures data on  
               justifiable homicides by law enforcement officers, but  
               reporting is voluntary and limited to instances in which a  
               civilian is killed while committing a felony.

               Similarly, there is no mandated reporting to the federal  
               government on law enforcement officers killed or injured in  
               the line of duty. So far, 54 officers have been killed in  
               the line of duty and 14 officers have been shot and killed  
               by suspects since January, according to data compiled by  
               the Officer Down Memorial Page.

               "Too many members of the public and police officers are  
               being killed, and we don't have reliable statistics to  
               track these tragic incidents," Senator Boxer said. "This  
               bill will ensure that we know the full extent of the  
               problem so we can save lives on all sides."

               "The first step in fixing a problem is understanding the  
               extent of the problem you have. Justice and accountability  
               go hand in hand -- but without reliable data it's difficult  
               to hold people accountable or create effective policies  
               that change the status quo," Senator Booker said. "Our  
               legislation is vital to ensuring we have the data required  
               to make good decisions and implement reform measures that  
               are balanced, objective, and protect the lives of police  
               officers and the public."








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               The Boxer-Booker measure would require states to report to  
               the Attorney General on use-of-force incidents involving  
               officers and the public that result in serious bodily  
               injury or death. The reports must include, at a minimum:

                     The gender, race, ethnicity, and age of each  
                 individual who was shot, injured, or killed;

                     The date, time, and location of the incident;

                     The number of officers and number of civilians  
                 involved in the incident;

                     Whether the civilian was armed with a weapon; and

                     The type of force used against the officer, the  
                 civilian, or both, including the types of weapons used.



               Additionally, the bill would provide grants for tip lines  
               and hotlines to gain information regarding shootings and  
               use of force incidents against the police.  Grants may also  
               support state efforts to develop use of force training for  
               law enforcement agencies and personnel, including  
               de-escalation and bias training.

               There is growing momentum for better data collection on the  
               use of force in police departments nationwide.

               (https://www.boxer.senate.gov/press/release/boxer-booker-int 
               roduce-bill-to-bring-transparency-and-accountability-to-poli 
               ce-departments-nationwide/.) 

          AB 71 requires local law enforcement to collect information that  
          is consistent with the information that would be required by the  
          federal legislation.  

          Comments 

          DOJ is statutorily required to collect and maintain data and  
          develop statistical reports related to crime and the criminal  
          justice process in California. Local agencies are also  
          statutorily required to maintain statistical data and provide  







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          those to DOJ.

          Under existing law, local law enforcement agencies are required  
          to report to DOJ all justifiable homicides committed in that  
          agency's jurisdiction.  (Penal Code § 13022.)  Local  
          jurisdictions must also report on the number of non-criminal and  
          criminal complaints reported by citizens against law enforcement  
          personnel and the number of complaints that were sustained.   
          (Penal Code § 13012.)  Arrest information from local agencies  
          must also be provided to DOJ in order to maintain its arrest and  
          citation database. (Penal Code §§ 13020 and 13021.)  This  
          database contains information including name, race/ethnicity,  
          date of birth, sex, date of arrest, offense level, offense type,  
          status of the offense, and law enforcement disposition.  (Office  
          of the Attorney General, Criminal Statistics Reporting  
          Requirements (April 2014), at 8.)  Using statistical data from  
          local jurisdictions, DOJ publishes an annual report on crime.   
          (Penal Code § 13010.)

          Local law enforcement is also required to, in any case in which  
          a person dies while in the custody of the law enforcement,  
          report in writing to DOJ, within 10 days after the death, all  
          facts in the possession of the law enforcement agency or agency  
          in charge of the correctional facility concerning the death.   
          (Government Code § 12525.)  This bill, additionally, requires  
          law enforcement agencies to report all instances when a peace  
          officer is involved in:

           Any incident involving the shooting of a civilian by a law  
            enforcement officer;


           Any incident involving the shooting of a law enforcement  
            officer by a civilian;


           Any incident in which use of force by a law enforcement  
            officer against a civilian results in serious bodily injury or  
            death.


           Any incident in which use of force by a civilian against a law  
            enforcement officer results in serious bodily injury or death.
           







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          DOJ will be required to provide this information in its annual  
          report on crime. 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee: 


           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  
            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,  
            Department of State Hospitals, Department of Corrections and  
            Rehabilitation, and the Department of Fish and Wildlife,  
            assuming the number of incidents to be reported is minimal. 


          SUPPORT:   (Verified9/3/15)


          American Civil Liberties Union of California
          American Federation of State, County and Municipal Employees,  
                    AFL-CIO
          California Police Chiefs Association
          California Public Defenders Association
          Legal Services for Prisoners with Children
          Los Angeles Urban League









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          OPPOSITION:   (Verified9/3/15)


          None received


          ARGUMENTS IN SUPPORT:     


          According to the California Police Chiefs Association: 


               AB 71 would provide much needed statewide date on officer  
               involved shootings and use of force where a civilian or a  
               peace officer is injured or killed.  This measure would  
               assist the California Department of Justice in tracking the  
               number of incidents of either uses of force direct[ed] at  
               peace officers or uses of force by police officers.   
               Furthermore, AB 71 is consistent with current efforts on  
               the Federal level by the United States Department of  
               Justice. 


               The loss of life is tragic.  AB 71 requires reporting for  
               the loss of life, or injury, resulting from a shooting or  
               use of force, for both peace officers and civilians.  We  
               believe that this balanced approach will increase law  
               enforcement transparency while also generating valuable  
               data on the number of tragic incidents resulting in the  
               loss or injury of an officer or civilian.  

          ASSEMBLY FLOOR:  80-0, 6/1/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins







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          Prepared by:Jessica  Devencenzi / PUB. S. / 
          9/4/15 18:23:34


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