BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 71| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 71 Page 2 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. AB 71 Page 3 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 AB 71 Page 4 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 AB 71 Page 5 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." AB 71 Page 6 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 AB 71 Page 7 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. AB 71 Page 8 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 AB 71 Page 9 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 AB 71 Page 10 Prepared by:Jessica Devencenzi / PUB. S. / 9/4/15 18:23:34 **** END ****