GOOD MORNING.
WELCOME TO YOU SIMPLY COMMITTEE
ON PUBLIC SAFETY -- THE
FOLLOWING BILLS.
OUR OFF CALENDAR.
ITEM NUMBER TEN AB FOUR ONE ZERO
NECESSARY IN POLL BY THE
COMMITTEE -- ITEM NUMBER
THIRTEEN AB FIVE EIGHTY LACKEY
POLL BY AUTHOR.
ITEM NUMBER NINETEEN AB EIGHT
EIGHT ZERO OBERNOLTE WITH DRAWN
FROM COMMITTEE.
ITEM NUMBER TWENTY TWO AB TEN
TWENTY NINE POLL BY COMMITTEE.
ITEM NUMBER TWENTY FOUR AB
TWELVE TEN LOW POLL BY COMMITTEE.
ITEM NUMBER THIRTY ONE AB
FIFTEEN TEN THE RADIUS WITHDRAWN
FROM COMMITTEE.
ITEM NUMBER THIRTY THREE AB
FIFTEEN NINETY NINE CUNNINGHAM
PULL BY AUTHOR.
NOW WE'RE GOING TO DO THE QUORUM.
JONES SAWYER HERE LACKEY.
BARRICADE CAM [inaudible]
DEEP [inaudible]
KAMLAGER-DOVE.
WORK HERE SANTIAGO [inaudible]
WICKS.
QUORUM IS PRESENT -- NOW ON TO
THE PROPOSED CONSENT CALENDAR.
ITEM NUMBER THREE AB THREE OH
ONE CHIU HATE CRIME DATA
COLLECTION AND NOT REACH.
I DON'T NUMBER SIX AB THREE FIVE
EIGHT LOW.
SEXUAL ASSAULT FORENSIC
EXAMINATION KICKS DATABASES.
ITEM NUMBER FIVE I'M ITEM NUMBER
NINE AB.
THREE NINE FIVE OF RUBIO.
ABOUT CHILD ABUSE OR NEGLECT
FOSTER -- CHILDREN.
I DON'T NUMBER SEVENTEEN AB.
EIGHT ONE FOUR CHAO VEHICLES
UNLAWFUL ACCESS TO COMPUTER
SYSTEMS.
I REMEMBER TWENTY ONE AB ONE
ZERO ZERO NINE GABRIEL FIREARMS
REPORTS TO THE DEPARTMENT OF
JUSTICE.
ITEM NUMBER TWENTY NINE AB
FOURTEEN TWENTY ONE BY OUR QUE
HAN.
US SUPERVISED RELEASE REVOCATION
ITEM NUMBER THIRTY TWO A. B.
THIRTY SEVEN CUNNINGHAM.
A JUVENILE RECORDS INSPECTION
PROCESS.
TUTORIAL DISCOVERY I DON'T WITH --
THIRTY FIVE SIXTEEN FIFTY THREE
FRAZIER MISSING AND MURDERED
INDIGENOUS WOMEN TASK FORCE.
I DON'T NUMBER THIRTY SIX AB
SIXTEEN EIGHTY SEVEN JONES
SAWYER.
CORRECTIONS REHABILITATION
PROGRAMS REPORTING ITEM THIRTY
SEVEN AB SIXTEEN EIGHTY EIGHT
CALDERON OF REHABILITATION
PROGRAMS RECIDIVISM.
WHO MOVED IT?
SO I GUESS I'LL.
VOICES FROM ABOVE JONES SAWYER.
CALENDAR JONES SAWYER HI JOHN SO
YOUR IRAQI.
BAUER-KAHAN HI BARRICADE HAND I
DEEP.
KAMLAGER-DOVE HI KAMLAGER-DOVE I
QUIRK.
QUIRK I SANTIAGO.
WICKS.
WICKS I CONSENT TELL IT IS A
ADOPTED FIRST ON THE AGENDA.
I HAVE MISTER LOW [inaudible]
WHICH THAT.
SIX FIVE ZERO YOU.
YOU HAVE TO SUPPORT WITH NO
OPPOSITION.
THANK YOU VERY MUCH OF A CERTAIN.
ITEMS -- WITH RESPECT TO
PROTECTING LGBT INDIVIDUALS I
RESPECTFULLY ASK FIVE OWN HAVE
WOODS IS IN SUPPORT A VERY BRIEF
[inaudible]
THANK YOU.
WHENEVER YOU'RE READY.
CHAIR AND IF THE MEMBERS OF THE
COMMITTEE MY NAME IS SAM BRINTON
I SERVICE HEAD OF ADVOCACY IN
GOVERNMENT AFFAIRS FOR THE
TREVOR PROJECT WE WOULD LIKE TO
TESTIFY IN STRONG SUPPORT OF AB
SIX FIFTY WHICH WOULD EXPAND THE
EFFORTS TO COLLECT LGBT Q.
MORTALITY DATA.
AS WE KNOW IF THE TREVOR PROJECT
IS THE WORLD'S LARGEST SUICIDE
PREVENTION AND CRISIS
INTERVENTION PROGRAM FOR LG TO
YOUTH AND WE WORK EVERY DAY TO
SAVE LIVES BY PROVIDING SUPPORT.
TO OUR FREE AND CONFIDENTIAL
SUICIDE PREVENTION SERVICES.
UNFORTUNATELY DATA ON THE SEXUAL
ORIENTATION AND GENDER IDENTITY
OF INDIVIDUALS WHO SUFFER
VIOLENT DEATH SUCH AS HOMICIDE
AND SUICIDE IS RARELY COLLECTED
IN FACT WITH THE TREVOR PROJECT
RECENTLY COLLABORATE WITH THE
CDC AND THE NATIONAL VIOLENT
DEATH REPORTING SYSTEM.
WE FOUND ONLY EIGHT STATES
ACROSS THE COUNTRY EVEN
REPORTING ANY VIOLENT DEATH OF A
TRANSGENDER INDIVIDUAL OVER THE
LAST DECADE WITH ONLY TWELVE
TOTAL DEATHS RECORDED.
THIS IS CLEARLY AN ACCURATE NOT
CORRECTLY COUNTING THESE DEATHS
CONTRIBUTE TO THE ONGOING HEALTH
CRISIS OF VIOLENCE TOWARDS DRESS
TRANSGENDER PEOPLE ESPECIALLY
TRANSGENDER WOMEN OF COLOR.
AB SIX FIFTY WILL BUILD UPON
CALIFORNIA'S WORK AND
GUARANTEEING OF QUALITY FOR L.
TO KILL PEOPLE BY EXPANDING OUR
EFFORTS TO COLLECT THIS DATA.
THEREFORE FOR FOR THESE REASONS
THE TREVOR PROJECT STRONG
SUPPORT AB SIX FIFTY AND I WALK
MANY QUESTIONS THANK YOU.
ARE THERE ANY OTHER WITNESSES IN
SUPPORT.
ANY WITNESSES OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS.
YOU MAY CLOSE.
EXPECT THE S. RIGHT ABOUT THANK
YOU JEFF RECOMMEND AYE VOTE --
WE PICK THIS UP.
I'M AB SIX FIFTY THE MOTION IS
TO PASS TO THE APPROPRIATIONS
COMMITTEE JONES SAWYER --
ENGINES ARE AYE LACKEY.
BAUER-KAHAN.
BAUER-KAHAN I DEEP.
KAMLAGER-DOVE I KAMLAGER-DOVE I
QUIRK.
QUIRK I SAN DIEGO WICKS.
WICKS I THAT MEASURE PASSES AND
THANK YOU FOR SETTING THE TONE
MR Là.
THANK YOU THANK YOU THANK YOU.
NOW MR LEVINE YOU TO HAVE A
SUPPORT WOULD KNOW OPPOSITION.
AS YOU SEE FROM YOUR EXAMPLE
BEFORE YOU.
YES SIR WELL MISTER CHAIR AND
MEMBERS THE CALIFORNIA RACIAL
JUSTICE ACT WOULD PROHIBIT A
PERSON FROM BEING EXECUTED
PURSUANT TO A JUDGMENT.
THAT WAS EITHER SOUGHT OR
OBTAINED ON THE BASIS OF RACE
AND ALLOW THE CONDEMNED PRISONER
TO ALLOW THEIR CONVICTION AND
SENTENCE IF THERE IS EVIDENCE OF
RACIAL BIAS IN THE TRIAL.
OR SENTENCING CALIFORNIA'S DEATH
ROW IS THE LARGEST IN THE US
WITH SEVEN HUNDRED THIRTY SEVEN
CONDEMNED PRISONERS AFRICAN
AMERICANS AND LATINOS REPRESENTS
67% OF DEATH ROW.
WE KNOW THAT US ATTORNEYS HAVE
RECOMMENDED THE DEATH PENALTY IN
36% OF CASES WITH BLACK
DEFENDANTS AND BLACK AND WHITE
AND NON BLACK VICTIMS BUT ONLY
20% OF CASES WITH BLACK
DEFENDANTS AND BLACK VICTIMS.
THIS BILL SEEKS TO REALLY HAVE
JUSTICE IN -- THE SENTENCING I
ASK FOR AN AYE VOTE.
IF YOU MOVED AND SECONDED DO YOU
HAVE ANY OTHER WITNESSES IN
SUPPORT.
ANY WITNESSES IN SUPPORT.
ANY WITNESSES IN OPPOSITION.
ANY.
QUESTIONS FROM COMMITTEE MEMBERS
MR.
QUIRK -- I THINK IT'S IMPORTANT
AS THE BILL MOVES ALONG
PARTICULARLY -- IN JUDICIARY TO
TALK ABOUT HOW WOULD JOT WHAT
HOW.
HOW WOULD JUDGE WOULD USE WHAT
CRITERIA THEY MIGHT USE TO
FIGURE THIS OUT?
AND THAT'S CLEARLY GOING TO BE
THE MOST DIFFICULT PART GOING
FORWARD.
SO I'M HOPING THAT YOU CAN
FIGURE IT OUT I CAN'T BUT I'LL
BET YOU CAN.
THANK YOU SHARE [inaudible]
YOU READY.
THENYOU MAY CLOSE I
RESPECTFULLY ASK FOR AN AYE VOTE
THANK YOU.
CALL THE ROLL ON AB SEVENTEEN
EIGHTY EIGHT THE MOTION IS TO
PASS TO THE APPROPRIATIONS
COMMITTEE JONES SAWYER.
CHEN SIR HI LACKEY.
BAUER-KAHAN BAUER-KAHAN I DEEP.
KAMLAGER-DOVE.
I KAMLAGER-DOVE I QUIRK.
QUIRK I SAN DIEGO.
WICKS WICKS I THAT MEASURE
PASSES THANK YOU THANK YOU VERY
MUCH MISTER CHAIRMAN VERSE THANK
YOU.
WE ARE MOVING AT LIGHTNING SPEED.
N. MS BAUER QUE HANNAH IS WE
HAVE NO ONE HERE YOU MAY PRESENT.
ITEM.
TWENTY SIX AB TWELVE SIXTEEN
POWER QUE HAN IS COMING BACK TO
THE PODIUM.
MOVED TO BAIL TO HAVE A SUPPORT
SUPPORT OUT.
IT'S WE GET SUPPORT WOULD NO
FORMAL OPPOSITION THANK YOU.
I STAND CORRECTED [inaudible]
HELLO.
TODAY I AM HERE THANK YOU CHAIR
AND COMMITTEE WE ARE PRESENTING
ON A. B. TWELVE SIXTEEN WHICH
WILL CREATE A PILOT PROJECT
BROWNIE AND CONTRA COSTA
COUNTIES TO TACKLE THE ISSUE OF
ILLEGAL DUMPING.
WHICH IS PROVEN TO BE A HARD
CHALLENGE FOR THE COUNTIES AND
ONE IN WHICH THEY ARE SEEKING
OUR ASSISTANCE IN ENSURING WE
HAVE THE RESOURCES TO PREVENT.
SO I WILL TURN IT OVER TO MY
WITNESS AT LEAST SAM BACK WHO IS
WITH THE ALAMEDA COUNTY DISTRICT
ATTORNEY'S OFFICE TO SPEAK IN
SUPPORT OF THE BILL.
GOOD MORNING YES I'M WITH THE
DA'S OFFICE IN THE ENVIRONMENTAL
SECTION OF ALAMEDA COUNTY DA'S
OFFICE.
ON BEHALF OF NANCY O'MALLEY IN
SUPPORT OF TWELVE SIXTEEN I'VE
BEEN IN THE ENVIRONMENTAL UNIT
SINCE ABOUT TWO THOUSAND AND TWO
AND WE WERE COMMONLY WITH OUR
COLLEAGUES AROUND THE STATE SO I
HAVE SOME PERSPECTIVE ON THE
PROBLEM OF ILLEGAL DUMPING.
ABOUT A YEAR AGO OF ONE OF THE
WE STARTED TO FORM OF WORKING
GROUP AND ALAMEDA COUNTY
SUPERVISOR NATE MILEY SPEAR HEAD
SPEARHEADED THE EFFORT.
WE HAD PUBLIC WORKS AT THE TABLE --
CITY ATTORNEY'S OFFICES
SHERIFF'S DEPARTMENT MY OFFICE
AND OUR INSPECTORS START TO DO
SOME INVESTIGATIONS ON CAMERAS
CAMERA HITS EVIDENTIARY LEADS
FROM LOCAL MUNICIPALITIES AND WE
LEARNED SOME THINGS -- BUT ONE
OF THE THINGS WE LEARNED IS THAT
IN THE ENVIRONMENTAL DUMPING
COMMUNITY AND IT'S OFTEN FALLS
ON THE SHOULDERS OF A PUBLIC
WORKS IS THAT THE BIG PROBLEM.
IS THIS.
WHEN PEOPLE?
JUMP AND PUBLIC WORKS PICKS IT
UP THEY JUST KEEP DUMPING.
AND THAT THEY TALK ABOUT THE
THREE EASE AND THE ILLEGAL
DUMPING COMMUNITY THAT'S A
RATIFICATION.
EDUCATION AND ENFORCEMENT.
THERE'S PLENTY OF A RATIFICATION
WE'RE ALL PAYING FOR IT.
THERE'S PLENTY OF EDUCATION WE
ALL SEE THE YOU KNOW.
MESSAGING OUT THERE.
BUT THERE'S NOT A LOT OF
ENFORCEMENT.
LOCAL LAW ENFORCEMENT AGENCIES
OUR FOCUS ON VIOLENT CRIMES
SERIOUS CRIMES AND ILLEGAL
DUMPING CASES.
ARE SUPER EASY TO INVESTIGATE
YOU START OFF TYPICALLY WITH A
CAMERA LEAD IN THE LICENSE PLATE
THE PERSON DRIVING THE CAR MAY
NOT BE.
OFTEN IS NOT THE PERSON.
THAT THE RIGHT IS THE REGISTERED
OWNER.
SO ENFORCEMENT IS SERIOUSLY
LACKING SO WE'VE DEVELOPED.
AN INCIPIENT COMMUNITY REALLY
AND TALK TO OUR COLLEAGUES AND
WHAT WE ARE HOPING IS THAT THIS
PILOT PROGRAM WILL DEVELOP SOME
EXPERTISE HELP US DEVELOP THIS
COMMUNITY.
AND HELP US DEVELOP SOME CASES
THAT WE CAN PUBLICIZE SO THAT
THE PUBLIC DOESN'T THINK NOTHING
IS GOING TO HAPPEN -- AND IT IS
OUR HOPE THAT BASED ON THAT BET.
WE CAN RETURN TO COMMUNITIES
LIKE THIS ONE IN EAST OAKLAND
WHERE WE MET WITH.
DURING SCHOOL HOURS WE MET WITH
KIDS WITH SIGNS WE MET WITH
LITERALLY CRYING MOTHERS WHO ARE
SAYING DO SOMETHING BECAUSE IT
SEEMS LIKE NOBODY CARES.
AND WE D. A.'S ARE VERY
FRUSTRATED.
BECAUSE THE LACK OF
INVESTIGATIONS IS NOT BRINGING
US CASES AND WE WANT TO SHOW
THAT IF WE INVESTIGATE SOME
CASES I MEAN FOR SOME SORT TO
SOME DETERRENCE HERE.
THAT WE CAN ACTUALLY MAKE A
DIFFERENCE.
WHEN YOU HAVE A CITIZEN WILLING
TO STICK THEIR NECK OUT AND
VIDEOTAPE SOMEBODY ACTUALLY
DUMPING AND YOU LEARNED THAT
NOTHING HAPPENED WHEN THEY WERE
WILLING TO TAKE THAT RISK --
IT'S AS I SAID VERY FRUSTRATING
SO WE'RE HOPING TO LEARN SOME
LESSONS HERE -- OUR
INVESTIGATORS WHEN THEY WORKED
UP THESE CASES HAVE INTERVIEWED --
SUSPECTS.
WHY DID YOU DUMP WHAT WOULD
CHANGE YOUR MIND WHAT KIND OF
MESSAGING MIGHT AFFECT YOU -- SO.
IN BRIEF THAT'S WEBER SUPPORTING
THIS THANK YOU ARE THERE ANY
OTHER WITNESSES IN SUPPORT.
ANY WITNESSES IN OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS.
MR QUIRK AT THE WHICH FIRST AND
THEN MISTER ACT OKAY -- SO IT IS
VERY HARD TO DO SOMETHING ABOUT
THIS HAYWARD THE CITY I WAS ON
THE COUNCIL OF SPENDS MILLION
SPENT. TEN YEARS AGO MILLION
DOLLARS YEAR ON THIS IT'S
PROBABLY MORE NOW -- MY ONLY
CONCERN ABOUT THIS IS THAT I'M
NOT SURE IT'LL GET THROUGH
APPROPRIATIONS BECAUSE THE STATE
IS I READ THIS.
IS FUNDING THE POSITION.
AND IT WOULD BE MUCH BETTER IF
YOU COULD JUST HAND AROUND THE
CUP TO THE CITIES IN THE COUNTY
AND HAVE THEM.
PUT THE MONEY FORWARD MY MY
CONCERN IS IN APPROPRIATIONS TOP
EASILY GREAT POLICY IT'S HARD TO
GET GOOD POLICIES IN THIS.
I'VE TRIED -- SO THAT'S MY ONLY
SUGGESTION THANK YOU THANK YOU
THANK YOU BYE AND EDIT VOTE
MISTER LACKEY YEAH MY COMMENT
WAS SIMILAR I DON'T I DIDN'T
EVEN SEE AN APPROPRIATION IN
THIS BILL.
BUT IT SEEMS TO ME THAT -- LOCAL
GOVERNMENT HAS A HUGE
RESPONSIBILITY I COULD TAKE IT.
TO IT'S AN IMMENSE PROBLEM WHERE
I LIVE -- BECAUSE WE LIVE IN
DESERT AREA.
AND WE HAVE SOME PROFESSIONAL
NUMBERS.
IT REALLY IS THAT BIG OF A DEAL
I MEAN WE HAVE -- A REAL PROBLEM
WITH MEDICAL SUPPLIES BEING
DUMPED IN THE DESERT --
CONSTRUCTION OBVIOUSLY
PROFESSIONAL PEOPLE JUST DUMPING
IN THE MIDDLE OF NOWHERE SO THIS
IS A VERY SERIOUS STATEWIDE
PROBLEM HOWEVER.
I IT I AM A BIG BELIEVER THAT
LOCAL GOVERNMENTS.
UNDERSTANDS THE COMPLEXITY AND
THE UNIQUE NATURE IN EACH
SPECIFIC AREA AND I WORRY THAT
WE'RE OPENING.
A DOOR THAT WE REALLY.
I DON'T KNOW THAT IT SERVES THE
STATE WIDE INTEREST.
IN THE RELYING ON THE STATE TO
TO REMEDY THIS OF THAT THAT'S MY
HESITATION [inaudible]
THANK YOU [inaudible]
MAY I ADDRESS.
COM YOU CAN CALL ME LOW.
ANY OTHER QUESTIONS.
COMMENTS YOU MAY CLOSE THANK YOU
SO I'M JUST FOR CLARIFICATION
THE BILL IS -- YOU KNOW UPON
APPROPRIATION FROM BUDGET AND WE
DID DO A BUDGET ASK OF THE MONEY
NECESSARY TO DO.
THIS PROGRAM AND YOU KNOW I
CONCUR WITH THE DISTRICT
ATTORNEY'S OFFICE THAT HAVING
DONE ENVIRONMENTAL LAW WORK
MYSELF I'VE SEEN THIS AND ALSO
THE ENVIRONMENTAL IMPACT WHEN
YOU DUMP A FRIDGE FULL OF FREON
NEXT TO A CREEK THERE'S AN
ENVIRONMENTAL IMPACT OF THAT.
AND SO IT'S WE NEED TO TAKE THIS
SERIOUSLY BECAUSE IT'S HAPPENING
THROUGHOUT THE STATE IN OUR
COMMUNITIES AND TO THE EXTENT
THAT WE CAN PUT FORWARD A
PROGRAM.
THAT SHOWS BEST PRACTICES AND
REALLY ATTACKS THIS IT'S
IMPORTANT.
BOTH LOCALLY BUT ALSO ON A
STATEWIDE LEVEL AND SO WE HOPE
THAT YOU WILL SUPPORT THIS BILL
BECAUSE IT REALLY WILL HAVE
POSITIVE ENVIRONMENTAL IMPACTS
AND PUBLIC SAFETY IMPACTS OF
WITH THAT I ASK FOR YOUR AYE
THAT.
THANK YOU -- CHAIRS RECOMMENDED
I AND MORE SO NOW AFTER
LISTENING TO TO TO COMMENT FROM.
TWO MEMBERS OF THIS COMMITTEE
FROM TWO SEPARATE PARTS OF QUê
NHà.
THANK YOU PROBLEMS IT.
KIND OF SHOWS HOW THIS IS.
A STATEWIDE PROBLEM AND SO --
THANK YOU FOR BRINGING THIS
BOARD THANK YOU.
ON A. B. TWELVE SIXTEEN THE
MOTION IS TO PASS TO THE
APPROPRIATIONS COMMITTEE JONES
SAWYER HI JOHN SIR HI LACKEY.
LACKEY I BAUER-KAHAN I
BAUER-KAHAN I DEEP.
LONGER DOVE HI KAMLAGER-DOVE I A
QUIRK.
QUIRK I SAN DIEGO WICKS WICKS I
THAT MEASURE PASSES
CONGRATULATIONS [inaudible]
STILL.
WITH WHICH CAN GO.
WHAT WAS KAMLAGER-DOVE HERE?
TO NO IF YOU RAISE YOUR HAND
FIRST.
AND ITEM NUMBER THIRTY FOUR AB.
SIXTEEN FIFTY TWO MISS WIGGS
ALSO ENJOYS -- SUPPORT WITH NO.
NO FORMAL OPPOSITION.
THANK YOU.
THANK YOU CHAIR FELLOW COMMITTEE
MEMBERS EXISTING LAW PROHIBITS
LEADING LITTERING OR DUMPING
WASTE INTO A BODY OF WATER BEACH
OR SHORELINE A VIOLATION OF THIS.
PROHIBITION IS A MISDEMEANOR
PUNISHED PUNISHABLE BY A FINE IN
ADDITION TO A FINE OF MOVE THE
BILL.
THE COURT MAY ORDER A PERSON TO
PICK UP LITTER AS A CONDITION OF
THEIR PROBATION.
THIS BILL WOULD BASICALLY EXPAND
COURTS OPPORTUNITIES TO PROVIDE
OTHER TYPES OF COMMUNITY SERVICE
IN ADDITION TO PICKING UP LITTER --
WHICH COULD BE HELPFUL FOR
SOMEONE SAFE THERE IN A
WHEELCHAIR GIVEN THEM OTHER
OPTIONS SO JUST PROVIDES THE
COURTS OTHER OPTIONS.
THANK YOU.
ANY EVER LET ME ASK YOUR AYE
ABOUT ANY OTHER WITNESSES IN
SUPPORT.
OKAY ANY WITNESSES IN OPPOSITION.
ANY QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS.
YOU MAY CLOSE BACK FASTER AYE
VOTE.
RECOMMEND I YOU MAY CALL THE
ROLL.
ON AB SIXTEEN FIFTY TWO THE
MOTION IS TO PASS JONES SAWYER
CHEN SIR HI LACKEY.
LACKEY NOPE BAUER-KAHAN.
BAUER-KAHAN I DEEP.
KAMLAGER-DOVE HI KAMLAGER-DOVE I
QUIRK.
QUIRK I SANTIAGO.
WICKS HI WICKS I THE MEASURE
PASSES AND GRADUATE.
M..
MR TEAM.
WAIT AND MAKE SURE I GET IT
RIGHT.
MISTER RODRIGUEZ IS BEFORE YOU
I'M SORRY I DO LOOK AT AUTO
CHICHI.
ITEM NUMBER FIVE AB
.
THREE TWENTY NINE WHENEVER
YOU'RE.
YOU'RE READY THANK YOU MISTER
CHAIRMAN VERSE.
I'M HERE TO PRESENT AB THREE
TWENTY NINE WOULD ADDRESS
INCONSISTENCIES AND PENALTIES
FOR ASSAULTS VERSUS BATTERY
COMMITTED AGAINST ALL HEALTH
CARE WORKERS.
ON HOSPITAL PROPERTY.
UNDER CURRENT LAW BATTERY
AGAINST THE HEALTHCARE WORKER
RENDERING.
EIGHT ON HOSPITAL GROUNDS IS
PUNISHABLE BY A FINE OF UP.
TO TWO THOUSAND DOLLARS ONE YEAR
IN COUNTY JAIL OR BOTH HOWEVER
ASSAULT ON HOSPITAL GROUNDS
AGAINST A HEALTHCARE WORKER.
ARE NOT TREATED THE SAME THIS
BILL SIMPLY CREATING UNIFORMITY
IN THE PENAL CODE.
I CAN TELL YOU FROM MY THIRTY
YEARS EXPERIENCE AS A FIRST
RESPONDER VIOLENCE IN THE HOUSE
WAS MORE COMMON THAN WE THINK.
IN A SURVEY DONE BY THE AMERICAN
COLLEGE OF EMERGENCY PHYSICIANS
47% OF RESPONDING DOCTOR SAID
THEY HAVE BEEN PHYSICALLY
ASSAULTED.
AND 71% HAVE WITNESSED AN
ASSAULT.
MORE SPECIFICALLY INSIDE THE
MERGING APARTMENT WHERE THERE IS
A SIGNIFICANT SIGNIFICANT STRESS
BOTH STAFF AND PATIENTS ARE
BEING AFFECTED.
WHEN VIOLENCE OCCURS IN THE
MERGING APARTMENT PATIENTS CAN
BE INJURED OR TRAUMATIZED TO THE
POINT?
THAT THEY LEAVE AND DO NOT GET
SEEN.
THERE'S ALSO AN INCREASED WAIT
TIMES.
AND DISTRACT MERCY STAFF FROM
FOCUSING ON OTHER PATIENTS WHO
URGENTLY REQUIRE A MEDICAL
ASSISTANCE.
HERE TO TESTIFY ON BEHALF THE
CALIFORNIA STATE COUNCIL OF
EMERGING NURSE SO NURSES
ASSOCIATION.
ISM SHAR RIVERA AND FROM SCRIPTS
HEALTH MERRY.
HOLDEN.
MOVE THE BELL.
THANK YOU.
YOU HAVE. FIVE MINUTES WITH ALL
YOUR WITNESSES.
GOOD MORNING MISTER CHAIR AND
COMMITTEE MEMBERS MY NAME IS
MICHELLE EVER AND I'M HERE TO
SUPPORT AND TESTIFY FOR ASSEMBLY
BILL.
THREE TWENTY NINE I'VE BEEN
EMERGENCY ROOM NURSE FOR
FOURTEEN YEARS AND IS NEVER EASY
TO ADMIT THAT I'M A VICTIM.
OF ASSAULT AT WORK.
I WENT TO SCHOOL TO LEARN HOW TO
HELP PEOPLE AND ADVOCATE FOR MY
PATIENTS HOWEVER TODAY I'M HERE
TO ADVOCATE FOR MY PEERS AND
MYSELF. TO MAKE SURE OUR WORK
ENVIRONMENT IS SAFE.
I ONCE HAD A PATIENT THAT WANTED
TO GO OUTSIDE AND SMOKE I
EXPLAIN TO THEM THAT THAT WOULD
NOT BE POSSIBLE THEY CONTINUE TO
WALK PAST ME AND PUSHED.
MY SHOULDER AS I CONTINUED AS HE
CONTINUED TO PUSH ME HE THEN
GRABBED MY GLASSES AND PUSHED ME
IN AND PUNCH ME IN THE FACE
UNFORTUNATELY THE PLACE COULD
NOT ARREST HIM.
THEY SAID I HAD TO MAKE A
CITIZEN'S ARREST AND GUARANTEE I
WOULD SHOW UP IN COURT ONCE I
FOLLOW THEIR INSTRUCTIONS THEY
DETAINED HIM.
THIS WAS AN EXPERIENCE I WOULD
NEVER FORGET AND ONE I DID NOT
EXPECT THE SAME PATIENT THEN
CAME BACK TO THE E. R. SEVERAL
MONTHS LATER.
I NOTIFIED THE CHARGE NURSE AND
I THAT I COULD NOT CARE FOR HIM
AS HE HAD ASSAULTED ME IN THE
PAST AND THAT WE NEEDED TO BE
CAREFUL.
IN OUR EMERGENCY ROOM WE ARE
SEEING AN INCREASE OF PATIENTS
THAT ARE BECOMING ANGRY WHEN
DISCHARGED SOME PATIENTS WILL
EVEN THROW THINGS OFF THE
COUNTER AS THEY ARE LEAVING.
IN SEPARATE OCCASION I HAD A
DISCHARGED PATIENTS THAT DID NOT
WANT TO BE LEAVE BECAUSE HE WAS
HIDING FROM A GANG WHO WAS AFTER
HIM.
HE WAS ALSO IN ANOTHER GAME I
GAVE HIM.
ANA DISCHARGE INSTRUCTIONS HE
THEN LOOKED OVER AT THE NURSES
STATION.
ON AND SAID I AM GOING TO LET
BLOODY THAT BE.
AS I ADDRESSED HIM AS I
ADDRESSES WHAT THE OFFICER IN
OUR DEPARTMENT THE PATIENT WENT
TO THE BATHROOM AND STARTED
HITTING THE WALLS IN THE MAYOR.
SECURITY WAS CALLED THE POLICE
WALKED HIM OUT THE DOOR.
THEY THEN CONTINUED TO ASSAULTS
THE RESPONDING OFFICER AND A
FIREFIGHTER.
I WAS SO AFRAID THAT HE WOULD
COME BACK THAT DAY I REFUSED TO
LEAVE THE HOSPITAL FOR MY LUNCH
BREAK.
THE HOSPITAL HAVE INCREASED
VIOLENCE AWARENESS AND
PREVENTION PROTOCOLS WE HAVE
SAFETY EMERGENCY BUTTONS IN THE
PATIENT'S ROOM AND HAVE BEEN
GIVEN WESSELS.
BUT YET THE VIOLENCE CONTINUES
PATIENTS HAVE BEEN SO AFRAID
THAT THEY HAVE HAD TO PUSH THE
EMERGENCY BUTTONS MULTIPLE TIMES.
FIGHTS HAVE BROKEN OUT MORE
WAITING ROOMS WHICH IN TURN
BECAUSE PATIENTS AND VISITORS TO
LEAVE WHICH MEANS THAT THEY WILL
NOT RECEIVE THE MEDICAL SERVICES.
ON A THEY NEED WE ARE CONTINUING.
TO PUSH EFFORTS THAT WILL KEEP
MY COLLEAGUES.
ON AND I SAFE FOR THESE REASONS
I AM IN SUPPORT OF AB.
THREE TWENTY NINE GOOD MORNING
MISTER CHAIR AND TO THE
COMMITTEE MEMBERS MY NAME IS
MERRY PRE HOLDEN I'M A SECOND
GENERATION REGISTERED NURSE.
WHO WAS VICIOUSLY ASSAULTED BY A
PATIENT IN MY HOSPITAL ON AUGUST
NINTH?
TWO THOUSAND EIGHTEEN AS A
RESULT OF THIS ATTACK I NEARLY
LOST MY RIGHT EYE I HAVE
PERMANENT SCARRING ON MY RIGHT
BREAST IN MY LIFE IN PRACTICE OF
NURSING HAS BEEN FOREVER CHANGED.
MY PERPETRATOR WAS CHARGED WITH
A FELONY ASSAULT ONLY BECAUSE HE
THREW A CHAIR AT ME THAT WAY
TWENTY FIVE POUNDS.
THE CHAIR NEVER TOUCHED ME.
YET THIS WAS ENOUGH TO MAKE THIS
ATTACK ASSAULT AND BATTERY WITH
A DEADLY WEAPON INTENDED TO
CROSS GREAT BODILY HARM.
NOT BECAUSE HE PUNCHED ME KICKED
ME AND BIT ME.
I SUPPORT AB THREE TWENTY NINE
BECAUSE IT ALLOWS HOSPITALS TO
POST NOTICES ABOUT POSSIBLE
CRIMINAL PENALTIES TO DETERMINE
VIOLENT.
CONDUCT IN A LINE'S CURRENT
ENHANCED PENALTIES FOR BATTERIES
THAT OCCUR.
EXCUSE ME ON HOSPITAL PROPERTY
WITH PENALTIES FOR ASSAULTS THAT
OCCUR ON HOSPITAL PROPERTY FOR
THESE REASONS AND MANY MORE I
ASK FOR YOUR SUPPORT.
YOUR SUPPORT ON AB THREE TWENTY
NINE THANK YOU FOR YOUR TIME AND
YOUR ATTENTION TO THIS.
THANK YOU.
ANY OTHER WITNESS.
OKAY ANY OTHER WITNESSES.
NAME AN ORGANIZATION.
CALIFORNIA HOUSEHOLDS SOCIAL NOT
IN HOSPITALS SUCH FISHMAN SPORT.
THANK YOU SIR.
MR MEMBERS TO MAN REPS IN
WASHINGTON TOWNSHIP HEALTH CARE
DISTRICT IN FREMONT AND ALSO THE
CALIFORNIA CHAPTER THE MERRITT
COLLEGE OF EMERGENCY PHYSICIANS
IN SUPPORT.
THANK YOU SIR.
I AM WORKING WITH THE
ASSOCIATION OF CALIFORNIA
HEALTHCARE DISTRICTS IN SUPPORT.
YOU.
KIM STONE STONE ADVOCACY FOR THE
CALIFORNIA ORTHOPEDIC
ASSOCIATION IN SUPPORT
[inaudible]
THANK YOU.
GOOD MORNING IS CHAU MUCH
LEARNED HALF THE CALIFORNIA
STATE SHERIFFS ASSOCIATION IN
SUPPORT.
ANY WITNESSES IN OPPOSITION
[inaudible]
COULD YOU.
JUST MAKE ROOM FOR ONE MORE
THANK YOU [inaudible]
SURE.
A GOOD MORNING MARK -- GEORGE
FROM THE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION -- FIRST I
WANT TO THANK THE AUTHOR FOR THE
AMENDMENT OF THE BILL APPRECIATE
THAT -- ALSO I WANT TO SAY I AM
REALLY SORRY FOR THE INJURIES
THAT YOU SUFFERED I THINK OF
EMERGENCY ROOM STAFF AND NURSES.
AND DOCTORS IS BEING A CAN TO
PUBLIC DEFENDERS WHO WERE ALSO
DEALING WITH ANGRY AND
DISORIENTED AND SOMETIMES
MENTALLY ILL PEOPLE.
I DO WANT TO SAY THE JURY BROWN
SAID IN HIS VETO MESSAGE OF THE
FORMER VERSION OF THIS BILL.
THAT EMERGENCY ROOMS ARE
OVERCROWDED AND OFTEN CHAOTIC.
I HAVE GREAT RESPECT FOR THE
WORK DONE BY EMERGENCY ROOM
STAFF AND I RECOGNIZE THE
DAUNTING CHALLENGES THEY FACE
EVERY DAY.
THIS BILL IS UNNECESSARY --
SIMPLE ASSAULT OR BATTERY IS
CURRENTLY -- MYSTERY MISDEMEANOR
BUT THERE'S A BROAD SPECTRUM OF
THIS.
CONDUCT CAN'T THAT CAN AND
USUALLY IS CHARGED AS FELONIES
ALREADY.
IF OF AN ASSAULT WAS MADE WITH A
DEADLY WEAPON AS IT WAS IN YOUR
CASE WITH THE CHAIR OR IF YOU
KNOW YOU SUFFER INJURIES.
ON THE KIND OF INJURIES THAT --
LIKE ALMOST LOSING YOUR ON MY I
DON'T THINK THAT AB THREE TWENTY
NINE IS GONNA TO TEAR THE BIT
DETERRENT THE BEHAVIOR OR
ENHANCE SAFETY -- WE FREQUENTLY
WORK WITH INDIVIDUALS IN NEED OF
MEDICAL ASSISTANCE THAT ARE
TAKEN TO HEALTH CARE FACILITIES.
AND THERE ARE AS I SAID BEFORE
MENTALLY ILL MAY BE COMING DOWN
FROM BEING HIGH ON DRUGS OR
MEDICATION OR THEY MIGHT BE ON
THE VICTIMS OF VIOLENT ASSAULTS
THEMSELVES.
ON AND OFTEN DISTRESS FAMILY
MEMBERS COME TO SEE YOUR SUPPORT
THEM.
INDIVIDUALS WHO ARE TAKEN TO
PSYCHIATRIC EMERGENCY ROOMS
BECAUSE THEY ARE PSYCHOTIC OR
DANGER TO SELF OR OTHERS.
ARE NOT GOING TO BE DETERRED BY
READING A NOTICE ON THE WALL --
THE SAME WITH GERIATRIC PATIENTS --
SO YOU KNOW OUR BASIC PHILOSOPHY
IS MASS INCARCERATION IS NOT THE
ANSWER TO EVERY PROBLEM.
IN RESEARCHING THE OPPOSITION TO
THIS BILL -- I FOUND THAT THE
VETERANS ADMINISTRATION
HOSPITALS AND ACTUALLY COME UP
WITH THE BEHAVIORAL MANAGEMENT
TRAINING PROGRAM.
WHICH IT DOES REDUCE VIOLENCE
AGAINST MEDICAL STAFF.
AND IT STARTS WITH A
COMMUNICATION TRAINING TO DEAL
WITH VERBAL CONFLICTS WITH
PATIENTS. TO LEARN HOW TO ESCAPE
A PATIENT'S GROW UP WITHOUT
HURTING THE PATIENT OR BEING
HURT YOURSELF.
AND TO LEARN HOW TO WORK IN A
TEAM TO SAFELY CONTAIN A PATIENT.
SO WE BELIEVE THAT'S A BETTER
SOLUTION. TO THIS PROBLEM AND WE
RESPECTFULLY ASK FOR YOUR NO
VOTE.
THANK YOU.
KATHY SURE ON BEHALF OF THE ACLU
OF CALIFORNIA I ALSO WANT TO
THANK THE AUTHOR FOR TAKING ON
THE AMENDMENTS -- BUT WE WE
STILL MUST OPPOSE AB -- THREE
TWENTY NINE INCREASING THE
PENALTY FOR ASSAULTS WHEN
COMMITTED IN HOSPITALS.
SIMPLY WILL NOT LESSEN THE
FREQUENCY OF SUCH OF ASSAULTS --
IN MANY CASES AN ASSAULT IN THE
HOSPITAL IS CARRIED OUT BY
SOMEONE IN SEVERE DISTRESS.
AND THE POTENTIAL CRIMINAL
PENALTY WHICH IS ALREADY --
INCLUDES CHIP POTENTIAL JAIL
TIME WILL DO NOTHING TO DETER
THE PERSON WHO IS ACTING OUT OF
EXTREME EMOTION.
THERE ARE MORE EFFECTIVE WAYS TO
STOP SUCH INCIDENTS SUCH AS MY
COLLEAGUE JUST A SPEAKING ABOUT --
BUT ALSO INCLUDING JUST THE
PRESENCE OF ADEQUATE SECURITY
PERSONNEL WHO CAN INTERVENE IN A
SITUATION AND ALSO -- TRAINING
FOR HEALTH CARE WORKERS IN HOW
TO DEAL WITH PATIENTS WHEN THEY
BECOME AGITATED WE ASK FOR YOUR
NO VOTE.
THANK YOU ARE THERE.
ANY OTHER WITNESSES IN
OPPOSITION.
DANIEL TEARS ON BEHALF OF THE
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE AN OPPOSITION.
THANK YOU SIR.
ANYONE ELSE ANY QUESTIONS FROM
COMMITTEE MEMBERS ARE COMMON.
MR QUIRK -- I'M GOING TO VOTE
FOR THIS BILL ALTHOUGH I DON'T
THINK THIS IS THE RIGHT SOLUTION --
BUT I DO THINK IT'S A BIG
PROBLEM AND I HOPE YOU'LL THINK
ABOUT OTHER SOLUTIONS GOING
FORWARD -- BECAUSE IT'S SUCH A
BIG PROBLEM I WILL VOTE FOR THE
BILL BUT I THINK.
WHAT'S THE FRACTION OF PEOPLE IN
OUR JAILS WHO ARE MENTALLY
DERANGED IS IT HALF.
AND THE BEHAVIOR I HEARD FROM
THESE FOLKS.
SOUNDS LIKE IT'S MENTALLY
DERANGED I I DOUBT THAT A SIGN
IS GOING TO MATTER.
AND THAT IF SIX MONTHS IN JAIL
ISN'T ENOUGH THAT A YEAR WILL
MAKE A DIFFERENCE.
BUT I DO THINK THIS IS A VERY
IMPORTANT PROBLEM AND I HOPE
YOU'LL THINK ABOUT OF THE
SOLUTIONS AS IT MOVES FORWARD
BECAUSE I JUST DON'T THINK THIS
IS GOING TO WORK.
BUT AGAIN BECAUSE THE SEVERITY
OF THE PROBLEM I WILL BE VOTING
ON THANK YOU THANK YOU.
MISTER LACKEY.
YEAH I JUST WOULD LIKE -- TO SAY
THANKYOU FOR THIS -- IN MY
EXPERIENCE.
AS A A HI PATROL OFFICER IN
WORKING.
THE SHIP THAT I CHOSE TO WORK.
I SAW A NUMBER OF THESE VERY
TRAGIC CIRCUMSTANCES I HAVE TO
SAY.
THE RULES ALTHOUGH STATISTICS
INDICATE THAT.
MENTAL ILLNESS ATTRIBUTES TO A
SIGNIFICANT PERCENTAGE.
THERE ARE STILL.
A SIGNIFICANT PERCENTAGE WHO DO
NOT HAVE THIS CONDITION.
WHO ARE JUST? FOR SOME REASON OR
ANOTHER HAVE CHOSEN. TO BE
VIOLENT PEOPLE.
AND IT'S JUST COMPLETELY HURTFUL.
AND IT SHOULD BE DEALT WITH IN A
MATTER THROUGH THE COURT SYSTEM
MY OPINION I I DO BELIEVE.
THAT THIS IS AN IMPORTANT THING
TO US AND THE MESSAGE IT IS JUST.
NOT ACCEPTABLE THANKS.
THANK YOU ANY OTHER.
YOU MAY CLOSE MISS RODRIGUEZ.
WITHOUT HER SHORTLY AFTER I
WROTE THANK YOU THANK YOU END UP
I WOULD I'M VOTING YESTERDAY AND
I WOULD MAKE A SUGGESTION.
THAT THE HOSPITAL ASSOCIATION
AND THE OTHER.
NURSES OF YOU IN EVERY WAY THAT
WAS FOR THIS BILL.
TAKE TO HEART.
WHAT THE OPPONENT SAID ABOUT
TECHNIQUES TO DE ESCALATE?
A LOT OF THIS-- OBVIOUSLY WHEN
A BIG PRPONENT OF THE
ESCALATION -- AND IT SOUND LIKE --
SOME GOOD TECHNIQUES SO THAT
MAYBE WORK ON TWO FRONTS.
TECHNIQUES AND LEARNING HOW TO
DO IT TO SEE IF SOMETHING'S
GOING TO HAPPEN WE CAN WE CAN
TRAIN.
THE PROFESSIONALS TO TO MAKE
SURE NOT IN THOSE KINDS OF
SITUATION AND MAYBE USE SOME OF
THOSE TECHNIQUES.
AND ALONG WITH THIS LAW MAYBE WE
CAN REDUCE IT.
DOWN TO A METRIC NEGLIGIBLE --
NUMBER SO.
YOU MAY CALL THE ROLL.
ON AB THREE TWENTY NINE THE
MOTION IS TO PASS TO THE
APPROPRIATIONS COMMITTEE JONES
SAWYER HI GEN SIR I LACKEY.
LACKEY I BAUER-KAHAN.
BAUER-KAHAN I DEEP [inaudible]
KAMLAGER-DOVE.
KAMLAGER-DOVE NOT VOTING QUIRK.
QUIRK I SANTIAGO.
WICKS WICKS I THE MEASURE PASSES.
THANK YOU.
BOB WE JUST RECEIVED -- AND
AUTHORS POLL.
A. B. EIGHT FIVE FIVE MCCARTY.
ITEM NUMBER EIGHTEEN FOR THOSE
WHO ARE KEEPING TRACK AND SCORE.
I AM SO SORRY I MISSED YOU TING
MISTER GIPSON.
JUST JUMPED IN FRONT OF YOU.
AND YOU HAVE TO ITEMS. EIGHT AB
ONE EIGHTY ITEM NUMBER.
ONE AND THEN -- FOURTEEN TWENTY
TWO ITEM NUMBER. THIRTY TO WHICH
WOULD YOU LIKE TO BEGIN WITH --
MISTER CHAIR I WOULD LIKE TO
PRESENT AB. ONE EIGHTY ONE EIGHT
ZERO YES OKAY WHENEVER YOU'RE
READY.
ALL ALSO WHICH IS A NO COULD YOU
MAY NOT BEEN HERE EARLIER.
THIS IS SUPPORT WITH NO
OPPOSITION.
BUT NO FORMAL OPPOSITION.
THANK YOU VERY MUCH THAT'S A
GOOD THING IMAGINE A GO REALLY
REALLY FAST MOVE THE BELL
[inaudible]
THANK YOU.
UP A GOOD MORNING MISTER
CHAIRMAN AND MEMBERS THANK YOU
FOR ALLOWING ME TO PRESENT
ASSEMBLY BILL ONE EIGHTY I
RESPECTFULLY ASK WHAT I VOTE.
VERY GOOD MR GIPSON.
GOOD MORNING MEMBERS OF THE
COMMITTEE MY NAME'S ANDREW WHEN
A MEMBER OF DâN THIRTY SEVEN
COALITION A GRADUATE STUDENT
SEXUAL STATE UNIVERSITY.
I RECEIVING A HIGH QUALITY
DEGREE EDUCATION WAS ALWAYS MY
FUTURE.
I A PAROLE HOMELESS IN TWO
THOUSAND NINE SECURING HOUSING
IN A POINT BECAME A PRIORITY.
HOWEVER WHEN I NEED A BUS PASS
TO LOOK FOR WORK AND FOR
ENCOURAGED ME TO ROLL COMMUNITY
COLLEGE BECAUSE TRANSIT PASSES
WERE GIVEN.
TO ME COLLEGE STUDENTS FROM THAT
MOMENT I ENJOYED SCHOOL ALLOW ME
TO HAVE ANSWERS TO THE WORLD I
LIVED IN.
AND IN MANY WAYS THEY WERE
LIBERATED ME FROM EVER BEEN
INCARCERATED AGAIN.
TURNING EDUCATION PROVED TO HAVE
ITS OWN CHALLENGES THEY NEED
SUPPORT FOR LOOKING FOR
EMPLOYMENT WITH A CONVICTION
HISTORY OR HOW TO RESPOND TO THE
BOX WHEN PLAN TO GRADUATE
PROGRAMS IN OTHER STATES.
OR FIGURING OUT HOW TO PREVENT
THE STATE FRANCHISE TAX BOARD
FROM LIVING MY BANK ACCOUNT JUST
DAYS AFTER RECEIVING MY
FINANCIAL AID -- I LEARNED THESE
LESSONS THE HARD WAY EVEN AT THE
DETRIMENT MY MENTAL AND PHYSICAL
HEALTH.
AND JEOPARDIZING THE ABILITY TO
PAY FOR MY FAMILY'S HOUSING IT
WASN'T I BEGIN MENTORING AT A
UNIVERSITY THAT WAS ABLE TO GIVE
THE ABLE TO USE THE HARD LESSONS
IN HIGHER EDUCATION TO SUPPORT.
OTHER FALLING CURSORY STUDENTS
BEING ABLE TO PROVIDE STUDENTS
WERE CAREFULLY CRAFTED WORDS OF
ADVICE OR SHARING THE STORIES OF
MY MISSTEPS OR ASSISTING THEM
WITH THE EMPLOYMENT OR GRADUATE.
SCHOOL SEARCHES.
AB PROVES THAT THERE'S AN
INTRINSIC VALUE TO THE WORK
THAT'S BEING DONE BY THE PEOPLE
TRYING TO MAKE OUR COMMUNITIES A
BETTER PLACE THE VERY IDEA THAT
EDUCATION REDUCES RACISM.
IS SUPPORTED BY RESEARCH
RESEARCH THAT I AM INTIMATELY
FAMILIAR WORK IF YOU KNOW YOUR
WITH AS A SCHOLAR.
MORE INFORMATION.
ALLOWS PEOPLE TO MAKE BETTER
DECISIONS INFORMING HER TRADE
STUDENTS ARE TESTAMENT TO THESE
IDEAS SUPPORTING ONE EIGHTY WILL
MAKE OUR COMMITTEE SAFER
ALLOWING CURRENT AND FUTURE
STUDENTS THE OPPORTUNITY TO
DRIVE AT COLLEGE OR A UNIVERSITY.
ALL WHICH IS SUPPORTED WITH
EMPIRICAL EVIDENCE.
THANK YOU FOR HAVING ME HERE IN
THE PLATFORM TO SHARE MY
VULNERABILITIES WITH THIS
COMMITTEE.
THANK YOU SIR YES MR I'M HAPPY
TO READ THE ROOM SHAUN HENSCHEL
HERE ON BEHALF OF SOCIAL
COMPASSION AND LEGISLATION ALONG
WITH ONE OF THE CONSTANTES HERS
DR GARY MICHAELSON.
RESPECTFULLY ASK FOR YOUR
SUPPORT AND WANT TO THANK YOU
FOR YOUR SUPPORT AND THEN THE
EFFORTS OF THE AUTHOR THANK YOU.
THANK YOU ARE ANY OTHER
WITNESSES IN SUPPORT.
MARCO GEORGE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION IN SUPPORT.
THANK YOU MISTER GEORGE.
THANK YOU TERM MEMBERS MARK
MCDONALD ON BEHALF OF THE SAN
DIEGO KERN AND PERALTA COMMUNITY
COLLEGE DISTRICTS IN SUPPORT
[inaudible]
THANK YOU.
ARE THERE ANY.
OTHER WITNESSES SUPPORT.
ANY WITNESSES OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS I WANT YES SELECT.
YEAH.
UNDER THE PERPLEXED.
ALTHOUGH.
THE PREMISE TO YOUR BILL IS.
CLEARLY VERY SUPPORTABLE.
BUT WHAT I FIND TO BE.
PERPLEXING IS THE FACT THAT
YOU'RE BASICALLY HIJACKING THE
SOCIAL INNOVATION.
FINANCING PROGRAM.
IF IF MY NUMBERS ARE CORRECT --
JUST RECENTLY.
LA COUNTY FROM THAT PARTICULAR
GRANT RECEIVED. TWO MILLION
DOLLARS.
AND THIS BILL THAT YOU'RE
PROPOSING WOULD REDUCE THE
ELIGIBILITY TELLING COUNTY.
TO FIVE HUNDRED THOUSAND AND LA
COUNTY IS NOT.
AN EDUCATIONAL INSTITUTION.
SO THEY WOULDN'T BE ELIGIBLE
THEY WOULD LOSE THAT MONEY.
WHICH IS PRETTY CONSISTENT.
MY QUESTION IS WHY NOT JUST
ESTABLISH AN INDEPENDENT
PROGRAMS TO THE HIJACKING THIS.
ONE THANK YOU VERY MUCH --
MISSILE LACKEY -- WE DECIDED TO
USE THIS PROGRAM STRUCTURE FOR
THIS BILL BECAUSE THE CURRENT --
CURRENTLY THERE'S NO FINDING ALL
THE MONEY'S BEEN SPENT --
ASSOCIATED WITH A THREE COUNTY
SO THAT'S THE REASON WHY.
WE'RE IN THE SITUATION WE'RE IN
TODAY.
YEAH BUT BUT BUT MY POINT TO THE
POINTS THAT I SPOKE.
TO I'M NOT MISREADING THAT
CRACKED.
THAT IS CORRECT.
THANK YOU.
ANY OTHER QUESTIONS OR COMMENTS.
YOU MAY CLOSE MISTER GIBSON I
RESPECTFULLY ASK BUT I VOTES
GATE THANK YOU NIGHT.
I WOULD.
BUT FOR SOCIAL INNOVATION INSERT
SOCIALIZATION BONDS.
ESPECIALLY IF YOU GUYS COMMITTEE
A MOVE FOR TO THE OTHER SIDE
THERE ARE A LOT OF MEMBERS ON
THIS SIDE AND SPECIAL SENATE SO.
THEY REALLY DO BELIEVE IN SOCIAL
INNOVATION ESPECIALLY FUNDING IN
BONDS AND SO I WOULD.
THE HEART WHICH BUT MY COLLEAGUE
HAS SAID BECAUSE WHEN YOU GET TO
THE OTHER SIDE.
OF THE HOUSE THE SENATE SIDE THE
SMALLER HOUSE YOU MAY. ONE OF
HAVE THAT QUESTION.
KIND OF RESOLVED WE CAN MOVE
FORWARD TO THAT IT'S VERY
IMPORTANT TO ALL TO A LOT OF
PEOPLE.
THANK YOU VERY MUCH WITH THAT
TWO CHAIRS RECOMMENDING AN AYE
VOTE.
ON AB ONE EIGHTY THE MOTION IS
TO PASS TO THE APPROPRIATIONS
COMMITTEE JONES SAWYER.
JONES ARE AYE LACKEY.
LACKEY NO BARRICADE HAND I
BAUER-KAHAN I DEEP.
DEEP NOT VOTING KAMLAGER-DOVE
HAVE [inaudible]
QUIRK.
WORK I SANTIAGO.
WICKS WICKS I MEASURED ON CALL
WE NEED ONE MORE.
THANK YOU VERY MUCH YOU MAY DO
YOUR THE BILL NOW
.
AGAIN THANK YOU VERY MUCH MR
CHAIRMAN MEMBERS FOR ALLOWING ME
TO PRESENT -- A. B. -- FOURTEEN
TWENTY TWO MY VOICE A LITTLE
RASPY TRYING TO GET OVER A
LITTLE FLU -- AB FOR A FOURTEEN
TWENTY TWO SIX TO MAKE IT A HATE
CRIME TO COMMIT A CRIMINAL ACT.
IN WHOLE OR IN PART.
BECAUSE OF THE VICTIM'S ACTUAL
OR PERCEIVED HOMELESS STATUS.
THE INTENT OF THIS BILL IS TO
CURB THEY HATE CRIMES AGAINST
HOMELESS.
WHO ARE THE MOST VULNERABLE
POPULATION?
OF ANY.
GROUP IN OUR SOCIETY.
NATION WIDE BETWEEN NINETEEN
NINETY NINE AND TWO THOUSAND
FIFTEEN AT LEAST ONE THOUSAND
SIX HUNDRED AND FIFTY SEVEN
HOMELESS INDIVIDUALS WERE
VIOLENTLY ATTACKED.
IN MANY CASES BECAUSE THEIR
HOMELESS STATUS ACCORDING TO THE
REPORT BY THE NATIONAL COALITION
FOR THE HOMELESS.
THESE ACTS WERE LARGELY FUELED
BY -- HATEFUL IMPULSE TO AX.
TOWARDS THE HOMELESS. FOR
THRILLS.
THE GIGGLES. FOR OTHERS
ENJOYMENT.
AND BECAUSE IT IS KNOWN THAT THE
LACK OF PHYSICAL STRENGTH.
AND FINANCIAL RESOURCES. TO
PROTECT THE HOMELESS INDIVIDUALS.
NGUYEN ARGUING THAT HOMELESS
INDIVIDUALS DON'T DESERVE
HEIGHTENED LEGAL PROTECTION MANY
OBSERVE THAT HOUSING STATUS IS
CHANGEABLE [inaudible]
WHEREAS RACE [inaudible]
DISABILITY.
STATUS ARE NOT.
THIS IS CERTAINLY THE TRUTH.
BE THAT BEAT BECAUSE THE
RELIGIOUS IDENTITY.
IS STABLE.
BUT IT'S ABSOLUTELY INFLEXIBLE.
AN INDIVIDUAL'S RELIGIOUS
ASSOCIATION.
CAN CHANGE SEVERAL TIMES IN
ONE'S LIFETIME.
THE TRUTH IS THAT WHEN MOST
AMERICANS THINK ABOUT HOMELESS
INDIVIDUALS IT IS WITH MIXTURE.
OF DISCUSS [inaudible]
PITY [inaudible]
AND FEAR.
WE ALL BACK OUR COMPASSION
BECAUSE WE CAN NOT.
WE CAN'T WE CANNOT FATHOM THE
DEPTH [inaudible]
OTHER MISSOURI [inaudible]
HARDSHIP [inaudible]
OR SUFFERING.
WE MOVE OURSELVES FROM THE SAME
LEVEL OF EMPATHY.
THAT OF PORTS TO OUR COLLEAGUES
AND FAMILY MEMBERS.
WE BECOME COMPLACENT.
NATIONWIDE THE NUMBER OF ATTACKS
AGAINST THOSE EXPERIENCING
HOMELESS HAS INCREASED BUT
CRIMES AGAINST HOMELESS ARE
REPORTED AT LOW RATES IN
COMPARISON TO OTHER CRIMES.
FATAL ASSAULTS AGAINST PEOPLE
EXPERIENCING HOMELESSNESS
OUTNUMBER HATE CRIMES AGAINST
ALL PROTECTED [inaudible]
CLASSES COMBINE.
LET ME REPEAT THAT.
FATAL ASSAULTS AGAINST PEOPLE
EXPERIENCING HOMELESSNESS OUT
NUMBER HATE CRIMES AGAINST ALL
PROTECTED CLASS THIS COMBINED.
OVER THE LAST TWENTY YEARS MORE
DEATHS HAVE OCCURRED FROM
ATTACKS ON HOMELESS.
THEN OCCURRED AS A RESULT OF
HATE CRIMES OR THE BASIS OF RACE
[inaudible]
RELIGION [inaudible]
SEXUAL ORIENTATION.
ASK YOURSELF THIS QUESTION.
NOT JUST YOU BUT PEOPLE IN THIS
OUT OF MY VOICE.
WHAT HAPPENS IF YOU HAVE A LOVED?
ONE A FAMILY MEMBER AN EXTENDED
FAMILY MEMBER.
A FRIEND OUR NEXT DOOR NEIGHBOR
OR NEXT DOOR NEIGHBORS CHILDREN
WHO HAVE GROWN UP AND BY
THEMSELVES HOMELESS ON THE
STREETS.
WOULD YOU CARE ABOUT WHAT
HAPPENS TO THEM AND THEIR SAFETY.
LET ME PAUSE THERE FOR A MOMENT.
I FOR ONE JUST RECEIVED A TEXT
MESSAGE FROM MY GOD SON.
WHO IS HOMELESS?
HAVE SOME SUBSTANCE ABUSE AT THE
SAME TIME.
NEVER GOT TREATED FROM THE
TRAUMATIC EXPERIENCE OF LOSING
BOTH PARENTS AT SIX YEARS OLD TO
AIDS.
AND NOW WAS HOMELESS AND HE'S
REACHED OUT TO HIS GODFATHER NOW
BECAUSE HE DOESN'T WANT TO BE
HOMELESS ANY LONGER.
I CARE ABOUT HIS SAFETY.
AS A BODY TAKEN.
AS A BODY.
MAKING JUST LOS.
WHAT ARE WE REALLY DOING IF WE
CONTINUE TO OVERLOOK?
OUR STATE'S MOST VULNERABLE
POPULATION IN OCTOBER OF LAST
YEAR.
HOMELESS MAN AND WOMAN.
WAS SLEEPING ON THE STREETS AND
WERE ATTACKED.
THROWN BATTERY ACID AS THEY
SLEPT IN MISSION HILLS PARK.
THANK GOD THEY SURVIVED.
IN DECEMBER OF LAST YEAR.
A SUSPECT WEARING A DARK SUIT
WITH THE BEANIE WAS CAPTURED ON
VIDEOTAPE AND HOMELESS KICKING A
HOMELESS MAN.
AS HE SLEPT ON THE STREET THE
SAN FRANCISCO.
THAT BIG DEAL WAS FOUND.
IN HIS OWN BLOOD.
AND WAS RUSHED TO SAN FRANCISCO
GENERAL HOSPITAL THANK GOD HE
SURVIVED.
IN OTHER CASES LAST YEAR TWO
HOMELESS MEN WERE SLEEPING IN
THE LOS ANGELES FINANCIAL
DISTRICT.
WHERE THEY WERE PETE AT LEE
BEATEN WITH A BASEBALL BAT?
THOSE INDIVIDUALS BOTH DIED.
OF THEIR INJURIES.
SO WE NOT MAKE LAWS TO ANSWER
THE PROBLEMS IN OUR SOCIETY
TODAY OR ARE WE WORKING
BACKWARDS TO RESTRAIN OUR
AUTHORITY. TO MAKING A POSITIVE
DIFFERENCE SIMILAR [inaudible]
SIMPLE.
NOW PROTECT THOSE WHO ARE
HOMELESS.
THOSE WHO ARE VULNERABLE.
THOSE CANNOT DEFEND THEMSELVES.
LET ME SHOW YOU THE EXAMPLE
PROGRESS.
THE FIRST STATE.
OF HATE CRIMES.
BILLS WERE PASSED CALIFORNIA IN.
NINETEEN SEVENTY EIGHT AND
PROVIDED A PENALTY ENHANCEMENT
IN CASES WHERE MURDER WAS
MOTIVATED BY PREJUDICE AGAINST
PROTECTED STATUS.
THE CATEGORIES BEING RACE
RELIGION COLOR AND NATURAL
ORIGIN.
IN NINETEEN EIGHTY FOUR
CALIFORNIA LED THE WAY AND
INCLUDED SEXUAL ORIENTATION AND
HATE CRIMES STATUS.
WE AGAIN DID THIS WITH GENDER
IDENTITY IN.
NINETEEN NINETY EIGHT CURRENT
HATE CRIME LAWS NOW ALSO
INCLUDES.
A DISABILITY GENDER AND SEXUAL
ORIENTATION.
AND WE MAKE MATTERS WORSE.
ACCORDING TO THE OFFICE OF THE
LEGISLATIVE ANALYST'S THIS
PROBLEM IS GREATER IN CALIFORNIA
THE ANY OTHER STATE [inaudible]
IN AMERICA.
BUT ALAS GO.
FLORIDA MARYLAND UTAH AS WELL AS
WASHINGTON DC HAVE ALSO PASSED
TO EXPAND HOUSING.
THE HOMELESS AS A STATUS.
WITH ME TODAY ARE INDIVIDUALS
BLUE IN WASHINGTON DC WHO SPOKE
BEFORE CONGRESS ON THIS MATTER
REPRESENTING THE NATIONAL
COALITION FOR HOMELESS.
I WILL HAVE THEM TO ALSO SPEAK
IN SUPPORT OF FOURTEEN TWENTY
TWO AS A STILL PRODUCE RIGHT YOU%
HAVE FIVE MINUTES TOTAL WHATEVER
WAY YOU WANT TO SPLIT IT UP.
AND I AND I SEE MISTER GIBSON
YOU BUNCH OF VOICE [inaudible]
YEAH YEAH.
WHENEVER YOU'RE READY THANK YOU
CHAIR PERSONS JONES SAWYER AND
THE COMMITTEE THANK YOU SO MUCH
FOR HAVING ME HERE TODAY -- I AM
ONE OF THE MOST WIDELY CITED
CRIMINOLOGIST WITH RESPECT TO
HATE CRIMES AND I CAN TELL YOU
WE HAVE.
JUST ABOUT.
WILL YOU COMMITTEE WITHIN THE
CRIMINOLOGIST COMMUNITY THE
STUDY IS THE PEOPLE WHO THE MOST
WIDELY CITED.
ARM AND THAT IS BECAUSE LET'S
KEEP OUR EYE ON THE BALL WITH
RESPECT TO TWO THINGS.
FIRST AND BY THE WAY THANK YOU
SO MUCH.
I'M REPRESENTING THE CENTER FOR
THE STUDY OF HATE AND EXTREMISM
THE NATIONAL COALITION FOR THE
HOMELESS AND THE CALIFORNIA
ASSOCIATION.
OF HUMAN RELATIONS ORGANIZATIONS --
IN SUPPORT OF AB.
FOURTEEN TWENTY TWO LET'S KEEP
OUR EYES ON THE BALL HERE.
HE CRIME LEGISLATION WHEN IT
FIRST CAME ABOUT FIRST ACT WAS
IN IN NINETEEN SEVENTY NINE IN
MASSACHUSETTS.
JAMIE OVER TIME EXPAND.
WHEN I WROTE A COUPLE OF
BREACHING THE LANDMARK SUPREME
COURT CASE WHICH CONTROVERSIES
MITCHELL WHICH COVERED?
HATE CRIME THE QUESTION CAME UP.
HOW FAR DOES THIS GO?
AND THE JUSTICES ALL WITH REGARD
TO THE ORAL ORGAN SAID YOU KNOW.
WHAT EVER LEGISLATURE'S FINE
THAT THERE IS TARGET BORN WHAT
ABOUT FLATTER AUTHORS IF THERE
WAS A PROBLEM WITH REGARD TO
PREJUDICE RELATE TO THAT?
THEN LET'S DO IT WHAT WE HAVE
HERE LET'S KEEP OUR EYE ON THE
BALL HERE [inaudible]
IS.
A PERNICIOUS TYPE OF PREJUDICE
IT'S NOT JUST BECAUSE THEY ARE
VULNERABLE INDEED ANY CRIME THAT
THEM WITH THE REGIONAL WALKING
TO SCHOOL ON A WEEKEND.
OR WHETHER IT'S AN AFRICAN
AMERICAN.
WHO IS NOT FORMED IN A CHURCH IN
SOUTH CAROLINA?
OR VULNERABLE BECAUSE OF WHERE
THEY ARE.
BUT WE ALSO HAVE.
A DISTURBING ISSUE WITH REGARD
TO YOU YOUNG PEOPLE AND OTHERS
WHO HARD HOMELESS DOWN.
AND WE SEE THAT THE OFFENDERS OR
THE EXACT SAME TYPE TWENTY
INTRODUCED **** SKINHEADS THEY
SEE IF I CAN FIND AN AFRICAN
AMERICAN PERSON IF I CAN FIND A
GAY PERSON ALL TO STOP A
HOMELESS PERSON BECAUSE THEIR
FILTH.
MORE RESEARCH HAS SHOWN THAT I
WANT TO BE CAREFUL HERE WE FOUND
FOUR HUNDRED AND SEVENTY SIX
CASES.
WERE HOMELESS PEOPLE WERE
MURDERED WHEN THERE WASN'T AN
APPARENT MOTIVE SUCH A DRUG DEAL
GONE BAD PERSONAL DISPUTE
PECUNIARY GAIN BY DOMICILED
PEOPLE.
THEY REPRESENT THEY REPRESENT
THE MOST CRUELLY VICTIMIZED AND
JUST YESTERDAY THE KAISER FAMILY
FOUNDATION CAME OUT WITH
RESEARCH THAT SHOWED THAT IN
FOUR YEARS.
THERE WERE TWO HUNDRED AND
SEVENTY HOMELESS PEOPLE MURDERED
IN LA.
THAT IS A TREMENDOUS AMOUNT OF
VICTIMIZATION AND YES THE OR
DRIVEN BY PREJUDICE.
CLASS PLEASE PRAY JUST SOMETIMES
IS AN INTERSECTION ONLY WITH
RACE OR OR OTHER THINGS BUT WE
HAVE PEOPLE WHO ARE WHO ARE GAY
WHO FACE MEDICAL BILLS OR OTHER
THINGS WHICH LEAD THEM TO BE
HOMELESS.
I WOULD LIKE TO NOW YIELD THE
REST OF THE TIME TO BOB IRWIN
BUSH WHO IS REALLY AN ANGEL
AMONG US WITH REGARD TO BEING ON
THE STREETS HELPING OUT.
HOMELESS PEOPLE.
THANK YOU THANK YOU BRIAN
BARBARA BUSH I'M THE EXECUTIVE
DIRECTOR OF THE SACRAMENTO
REGIONAL COALITION AND
HOMELESSNESS AND I AM ON THE
BOARD OF DIRECTORS FOR THE
NATIONAL COALITION -- FOR IN DC
THE THIS IS MY THIRTY FIFTH YEAR
OF WORKING -- AS A HOMELESS
ADVOCATE I GAVE YOU A HAND OUT A
COUPLE OF POINTS VERY QUICKLY
NATIONALLY AS WAS REFERRED TO
THE NATIONAL COALITION.
HAS DOCUMENTED THAT FROM
1-999-220-0015 ONE THOUSAND SIX
HUNDRED AND THIRTY SIX ACTS OF
VIOLENCE AGAINST HOMELESS PEOPLE
26% OF WHICH OR OVER FOUR
HUNDRED WERE LETHAL [inaudible]
WERE LETHAL.
HATE CRIMES COMPARED AGAINST
HOMELESS PEOPLE COMPARED TO THAT
FBI DEFINITION OF HATE CRIMES.
ALMOST THREE TIMES HIGHER.
OVER SIXTEEN YEARS A HUNDRED AND
FIFTY NINE HATE CRIMES AS
DEFINED BY THE F. D. I. F. B. I..
BUT FATAL ATTACKS ON HOMELESS
PEOPLE IT'S FOUR HUNDRED AND
TWENTY EIGHT THREE TIMES HIGHER.
IN CALIFORNIA THREE HUNDRED AND
THIRTY FOUR ACTS OF VIOLENCE
AGAINST -- PEOPLE EXPERIENCING
HOMELESSNESS OR 20% OF THE
NATIONAL ATTACKS AGAINST PEOPLE
EXPERIENCING HOMELESSNESS AND IN
SACRAMENTO.
MY COALITION WE DO A HOMELESS
DOES REPORT EVERY YEAR AND YOU
HAVE THE STATISTICS IN FRONT OF
YOU.
OVER SEVENTEEN YEAR PERIOD TWO
HUNDRED AND FIFTY SEVEN OF THE
NINE HUNDRED DEATHS JUST IN OUR
COUNTY.
WERE VIOLENT DEATHS BLUNT FORCE
HEAD INJURIES HOMICIDES GUNSHOT
WOUNDS DRAMA.
STABBINGS HANGINGS AND
STRANGULATION WE'RE TALKING
ABOUT BRUTAL DEATHS PEOPLE BEING
SET ON FIRE.
BATTERY ACID POURED ON THEM BEAT
OF OVER THE HEAD WITH A BASEBALL
BAT EXCEPT ERIC CETERA.
AND IN CLOSING.
I ASKED THE SACRAMENTO A
DEPARTMENT OF HEALTH TO DO
APPLES TO APPLES.
THE HOMELESS DEATHS IN
SACRAMENTO COUNTY PER HUNDRED
THOUSAND HOW DOES THAT EQUATE TO
THE HOUSE OF DEATH.
IN SACRAMENTO COUNTY. SIX PEOPLE
DIE PER HUNDRED THOUSAND THE
HOUSE COMMUNITY IN SACRAMENTO
COUNTY A HUNDRED AND FIFTY EIGHT
HOMELESS PEOPLE PER ONE HUNDRED
THOUSAND IN SACRAMENTO COUNTY.
MANY OF THEM HATE CRIMES.
IN OTHER WORDS TWENTY FOUR TIMES
HIGHER.
IF YOU WERE SITTING HERE TODAY
AND ANY OTHER GROUP CAME BEFORE
YOU.
CAME BEFORE YOU AND WAS TWENTY
FOUR TIMES HIGHER HIGHER I WOULD
NOT BE SITTING HERE BECAUSE YOU
WOULD PASS THIS IN A HEART BEAT.
AB.
FOURTEEN TWENTY TWO ISN'T IT
SHOULD BE PASSED AGAINST. FOR IT
TO SUPPORT PEOPLE --
EXPERIENCING HOMELESS DOES AS A
PROTECTED CLASS NOT ONLY IN THE
STATE BUT IN THIS COUNTRY THANK
YOU FOR YOUR TIME.
THANK YOU SIR ANY OTHER
WITNESSES IN SUPPORT NAME AN
ORGANIZATION PLEASE.
HELP STEP UP TO THE MIKE NAME AN
ORGANIZATION RYAN BRACK ANNE I
BUT HOMELESS EIGHTY ONE TO
EIGHTY TWO BECAUSE I AND LIVE ON
A FIXED INCOME I'M.
PERCEIVED AS HOMELESS AND TO
HAVE.
FACED HARASSMENT I WOULD ALSO
LIKE.
TO THANK YOU SIR -- CARES WITH
DISABILITY RIGHTS CALIFORNIANS
SUPPORT.
THANK YOU SIR.
ANY OTHER WITNESSES IN SUPPORT.
ANY WITNESSES IN OPPOSITION.
COME THE DESK.
COULD YOU PLEASE MAKE A LITTLE
ROOM
.
FOR SO YOU HAVE FIVE MINUTES
[inaudible]
SURE.
THIS JEFF ROSEN I'M THE DISTRICT
ATTORNEY IN SANTA CLARA COUNTY --
THE HOMELESS ARE VULNERABLE
VICTIMS BUT NOT HATE CRIME
VICTIMS WE MUST BE STEADFAST
IMPRECISE AS WE APPLY THE LAW IN
ORDER TO BRING VULNERABLE
CLASSES.
OF CALIFORNIA RESIDENTS UNDER
OUR PROTECTIONS AGAINST CRIMES
OF HATE.
IS A TRAGICALLY BUT
PAINSTAKINGLY CHOSEN LAST THAT
IN A BETTER WORLD NO ONE WOULD
HAVE TO BELONG.
TO THUS I RESPECTFULLY SUBMIT MY
OPPOSITION TO A. B. FOURTEEN
TWENTY TWO AS IT IS CURRENTLY
WRITTEN WHICH HAD TO HOMELESS
STATUS TO THE LIST OF CATEGORIES.
PROTECTOR CALIFORNIA'S HATE
CRIME LAW LISTS ARE CLEARLY
VULNERABLE AS VICTIMS OF ALL
TYPES OF CRIME -- SADLY MOST OF
THE PERPETRATORS IN MY
EXPERIENCE OF WHO COMMIT CRIMES
AGAINST HOMELESS PEOPLE ARE
THEMSELVES HOMELESS.
I STAND WITH YOU IN MAKING SURE
THAT WE HAVE THE PROPER POWER OF
LAW TO BRING WHEN A HOMELESS
PERSON HAS BEEN ATTACKED.
HOWEVER I BELIEVE THAT THE HATE
CRIME LAWS NOT THE APPROPRIATE
VESSEL FOR THAT CRIME FOR
PHILOSOPHICAL AND PRACTICAL
REASONS I BELIEVE IT IS WHAT
MAKES MORE SENSE TO ADD
HOMELESSNESS. TO PENAL CODE
SECTION SIX SIX SEVEN POINT NINE
THE VULNERABLE VICTIM STATUTE AS
OPPOSED TO SECTION FOUR TWENTY
TWO POINT.
FIVE FIVE HATE CRIME LAWS ARE
DESIGNED TO ENHANCE PENALTIES
FOR CRIMES COMMITTED BECAUSE OF
THE VICTIMS FUNDAMENTAL PERSONAL
CHARACTERISTIC. FOR INSTANCE
RACE GENDER NATIONALITY
DISABILITY SEXUAL ORIENTATION
THESE ARE CORE PERSONAL TRAITS
WHICH AN INDIVIDUAL EITHER
CANNOT OR SHOULD NEVER HAVE TO
CHANGE YOUR HEIGHT TO BE FREE
FROM TARGETED IN VIOLENT BIGOTRY.
THE POWER OF THEIR STATUS AS
PROTECTED CLASSES LIES WITHIN
THEIR INTRINSIC NATURE.
HOMELESSNESS MY CONTRACT IS NOT
SUCH A STATUS IS A FLUID
SOCIOECONOMIC STATUS THAT
EVERYONE OF US SHOULD ASPIRE TO
CHANGE FOR THE BETTER. TO ADD
SUCH A CLASS WOULD WEAKEN THE
OTHERS MAKING IT EVEN HARDER TO
MEET THE HIGH BURDEN OF PROOF
REQUIRED BY THE LAW.
EVEN OUR LAW ENFORCEMENT
OFFICERS ARE BRAVEST AND FINEST
DESPITE THEIR VULNERABILITY DO
NOT FALL UNDER THE HATE CRIME
LAWS MODEST BUT CAREFULLY
CRAFTED EAVES.
PREVIOUSLY I OPPOSE THE WELL
INTENTIONED BUT MISGUIDED
EFFORTS TO ADD LAW ENFORCEMENT
OFFICERS TO THE HATE CRIME LAW.
AS A MORE SENSIBLE ALTERNATIVE I
ASK LAWMAKERS TO CONSIDER ADDING
HOMELESSNESS TO PENAL CODE
SECTION SIX SIX SEVEN POINT NINE
CALIFORNIA'S VULNERABLE VICTIM
STATUTE WHICH REQUIRES ONLY THAT
THE PERPETRATOR KNEW OR SHOULD
HAVE KNOWN OF THE EXISTENCE.
OF N ENUMERATED CONDITION OF
THE VICTIM [inaudible]
THANK YOU.
THANK YOU NEXT.
THANK YOU VERY MUCH EXCUSE ME
ACTUALLY I DON'T THINK I NEED
MUCH TIME I'M GOING TO GO MUCH
OF WHAT THE DA -- FROM SANTA
CLARA COUNTY JUST SAID MY NAME'S
NANCY AT PELHAM WITH THE ANTI
DEFAMATION LEAGUE I'VE HAD THE
PLEASURE AND HONOR OF TESTIFYING
BEFORE THIS.
COURT [inaudible]
I'LL CONTINUE.
ON MATTERS OF OF HATE CRIME AND
ADL ACTUALLY DRAFTED THE MODEL
HATE CRIMES STATUTE OF WAY WAY
WAY BACK AND IT HAS BEEN A CORE.
ISSUE FOR US AS WELL
[inaudible]
AT IF THEY WANT [inaudible]
YEAH.
WE AGREED THAT HOMELESS
INDIVIDUALS ARE IN NEED OF
HEIGHTENED PROTECTIONS IN THE
LAW THEY ARE QUITE VULNERABLE TO
CRIMES OF ALL SORTS.
THE HATE CRIME STATUTE --
DESPITE ITS NAME -- WAS WAS
CONCEIVED OF AND HAS BEEN THE
REASON WHY IT'S STILL HAS
INTEGRITY AND IT HAS BEEN ABLE
TO WITHSTAND.
A CONTINUED SPEECHES AND
POLITICAL ATTACKS ON THE NEED
FOR HATE CRIME LAW IS BECAUSE OF
THE INTEGRITY IT IS MEANT.
TO COVER THOSE CHARACTERISTICS
WHICH AGAIN OUR CORE AN
INTRINSIC TO AN INDIVIDUAL WHO
EITHER CANNOT OR SHOULD NOT HAVE
TO CHANGE IT -- THE CURRENT
CATEGORIES ALL FALL IN THAT THE
CURRENT SIX CATEGORIES IN
CALIFORNIA'S LAW.
DESPITE THE VULNERABILITY -- TO
CRIMES OF ALL SORTS THAT ARE
HOMELESS INDIVIDUALS I HAVE AND
WHICH IS CITED MULTIPLE TIMES AS
THE REASON.
FOR THIS THIS BILL -- BY THE
AUTHOR THE VULNERABLE VICTIM
STATUTE -- WE FEEL IT IS MORE
APPROPRIATE BECAUSE IT'S IT'S
ANALOGOUS -- TO EIGHTY TWO WHICH
WAS ANOTHER BILL THAT.
WE OPPOSE ALSO THAT WOULD HAVE
ADDED PEACE OFFICERS TO THE HATE
CRIME STATUTE THERE ARE THOSE
WHO TARGET PEACE PEACE OFFICERS
FOR VIOLENCE.
AND WE RIGHTLY CONDEMNED THAT
BUT IT WAS INAPPROPRIATE TO PUT
A PROFESSION I INTO EVEN EVEN
THAT TYPE OF PROFESSION INTO THE
HATE CRIMES STATUTE THERE ARE
OTHER STATUTES WHERE IT IS MORE
APPROPRIATE AND WE PUT TO YOU IS
THE SAME THING HERE.
THANK YOU [inaudible]
YES.
MARCO GEORGE FROM THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION WE
OPPOSE THIS BILL BUT I REALLY
APPRECIATE THE CONVERSATIONS I
HAD WITH THE MEMBER STAFF ABOUT
THE BILL.
AND THE INTENTIONS BEHIND IT --
CERTAINLY -- AS PUBLIC DEFENDERS
WERE VERY SYMPATHETIC TO THE
PLIGHT OF THE HOMELESS MANY OF
THEM ARE THEIR CLIENTS.
ON ALSO MY FATHER WAS HOMELESS
AS A TEENAGER AND THROUGHOUT
MUCH OF THE GREAT DEPRESSION.
AND ALTHOUGH PEOPLE WERE NOT
REVILED AT THAT TIME BECAUSE SO
MANY PEOPLE WERE HOMELESS.
WE BELIEVE VERY STRONGLY THAT
THIS RESOURCES.
THAT WOULD TAKE TO INCARCERATE
MORE PEOPLE UNDER THIS BILL
WOULD BE BETTER SPENT TO PROVIDE
SERVICES. FOR HOUSING MENTAL
HEALTH TREATMENT DRUG AND
EMPLOYMENT PROGRAMS FOR THE
HOMELESS INSTEAD OF LONGER
PRISON SENTENCES.
JUST THIS MORNING MANY OF YOU
MAY HAVE HEARD THE STORY ON THE
CALIFORNIA REPORT ABOUT THE PARK
RANGERS AND SACRAMENTO TICKETING
THE HOMELESS ENCAMPMENTS.
ALONG THE RIVER.
THIS IS THE SITUATION.
THIS BILL WILL NOT CHANGE THAT.
I AGREE WITH KEEPING THE
INTEGRITY OF THE HATE STE --
STATUTES THAT EXIST I DON'T
BELIEVE THAT YOU SHOULD INCLUDE
ON PUT THIS AND SOME OTHER
STATUTE SO THANK YOU AND THAT WE
ASK FOR YOUR NO VOTE.
THANK YOU ARE THERE ANY OTHER
WITNESSES IN OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS.
YES MITCHELL LACKEY.
YES CERTAINLY I'M.
I'M ALWAYS AN ADVOCATE. FOR
VICTIMS OF A CRIMINALITY.
AND I THINK THE DISTRICT
ATTORNEY -- EXPRESSED IT
PROBABLY IT PROBABLY THE BEST.
BY INDICATING THAT THERE IS
ANOTHER PATH THAT WE CAN
RECOGNIZE THIS THIS UNISEX.
AGAINST THESE VERY VULNERABLE
PEOPLE THEY ARE.
UNIQUELY VULNERABLE.
AND I THINK AT IN THEM TO THE
SIX SIX SEVEN POINT NINE OF THE
PENAL CODE.
IS THE BETTER PATHWAY BECAUSE
ABILITY IS A CRITICAL ASPECT OF
HATE CRIME.
AND I KNOW YOU USED THE THE
EXAMPLE OF RELIGION [inaudible]
BUT THE DIFFERENCE BETWEEN
RELIGION AND HOMELESSNESS THIS
IS NOT A GOAL. TO MOVE SOMEBODY
FROM RELIGIOUS TO NON RELIGIOUS
IT IS OUR GOAL TO REMOVE
SOMEBODY FROM HOMELESSNESS. TO
NON HOMELESSNESS AND THAT IS AN
IMMUTABILITY ARGUMENT THAT I
THINK IS VERY POWERFUL SO FOR
THAT REASON.
I I NOT ABLE TO SUPPORT THIS
PATHWAY AT THIS TIME
[inaudible]
ANYONE ELSE.
KAMLAGER-DOVE.
YEAH I WANT TO THANK THE AUTHOR
FOR BRINGING -- THIS BILL TO THE
COMMITTEE'S ATTENTION I WOMEN
GENERALLY I'M NOT ON THE SAME
SIDE AS THE DISTRICT ATTORNEY'S
SO -- IN MY EXPERIENCE ACTUALLY --
BEING ABLE TO PROSECUTE SOMEONE
FOR HATE CRIME IS VERY DIFFICULT
TO DO THE THRESHOLD.
AND THE BURDEN OF PROOF IS SO
HIGH AND WHEN FOLKS ARE
COMMITTING SUCH HEINOUS CRIMES
AS I'M SORRY ATTACKING OR
KILLING SOMEONE BECAUSE THEY'RE
POOR.
ESSENTIALLY ARE BECAUSE THEY'RE
HOMELESS THERE ARE SO MANY OTHER
TOOLS AT THE DISPOSAL OF THE
PENAL CODE WHERE YOU CAN GO
AFTER THEM I WOULD CERTAINLY NOT
ACTUALLY WANT TO MOVE SOMEONE
INTO A GROUP WHERE IT THEN
BECOMES INCREDIBLY DIFFICULT TO
PROSECUTE IN CHARGE.
AND HOLD PEOPLE RESPONSIBLE FOR
THESE ACTS -- WE'VE JUST SEEN IN
THE NEWS LET ALONE THE DATA.
THAT -- THAT JUST TALKS ABOUT
HOW CHALLENGING IT IS TO DO THAT
SO I DON'T KNOW IF YOU HAVE A
RESPONSE TO SOME OF THAT BECAUSE
I'M SURE YOU'VE SEEN THE DATA --
MY WITNESSES IN MY WINTERS CAN
COME BACK UP OF SOMEONE TO MOVE
FROM HERE SO MODES SURE.
THANK YOU VERY MUCH [inaudible]
BOB [inaudible]
RIGHT.
MAY I DRESS SOME OF THE FIRST OF
ALL YOU WOULD GIVE YOU.
AND I'M SURE MANY OF YOU HAVE
READ BY MY LOOK AT US FROM
STANFORD JOHN HART ELY ROAD A
FOOTNOTE FOR CAROLINE AND ALSO
ABOUT THE FOURTEENTH AMENDMENT.
THESE WERE LEFT EXPANSIVE FOR A
REASON AND THE ISSUE HERE.
KEEP YOUR EYE ON THE BALL HERE
THE CIVIL RIGHTS ACT OF NINETEEN
SIXTY FOUR WHEN THE NEW YORK
TIMES WRITING ABOUT IT SAID IT
WAS NOT ONLY SOMETHING.
THAT WAS GOING TO BE AN
ENFORCEABLE.
METRIC BUT ALSO WAS A MORAL
METRIC.
AND WHEN WE HAVE PREJUDICE WE
HAVE THE SAME TYPES OF OFFENDERS
FOR REAL OFFENDERS WHO DO IT FOR
EXCITEMENT.
DEFENSIVE REACTIVE OFFENDERS
WERE PROTECTING TURF TO THEIR
NEIGHBORHOOD AND NEO ****
SKINHEADS LIKE THE ONE WHO
MURDERED A HOMELESS BLACK MAN
PRETTY RENTON ON HITLER'S
BIRTHDAY.
SO IF WE'RE GOING TO SAY IT
MIGHT NOT BE AS EFFICIENT AS
PEOPLE LIKE THAT I THINK WE HAVE
TO LOOK AT THE FACT.
THAT WE HAVE A VARIETY OF GROUPS
WERE COVERED AND MANY EDL FIRST
CAME OUT WITH THEIR MODEL
LEGISLATION BACK IN.
NINETEEN EIGHTY ONE IT DIDN'T
COVER MANY OF THE GROUPS INDEED
IT HAS ALWAYS BEEN GRASSROOTS
ORGANIZATIONS THAT HAVE BEEN
KNOWLEDGEABLE ABOUT THIS WHEN
WE'RE TALKING ABOUT THE TYPES OF
HOMICIDE WE'RE SEEING.
WE'RE TALKING ABOUT THOSE THAT
ARE MOTIVATED BY NEGATIVE
STEREOTYPES BASED ON PREJUDICE
NO ONE HAS COME UP WITH A NEW
CONVOLUTED THING.
WHEN I WAS IN LAW SCHOOL I
ACTUALLY REPRESENTED THE SANTA
CLARA DISTRICT ATTORNEY'S OFFICE
AND HELP THEM WIN A VICTORY WITH
REGARD TO HOMELESS DEFINITION
THE STATE?
AND I AND I'VE CRAFTED THESE
THESE LEGISLATION.
HELP CRAPPIE LEGISLATION
THROUGHOUT THE COUNTRY THE
BOTTOM LINE IS DO WE HAVE A
PROBLEM TARGET VIOLENCE IS IT
AGAINST THE COMMUNITY THAT IS
NOT GETTING THE KIND OF SERVICES
FROM LAW ENFORCEMENT PREVIOUS
AND WE SEE THAT WITH A LOT OF
HATE CRIME.
AND IS IT MOTIVATED BY PREJUDICE
AND WHEN WE HAVE THE **** FIGHTS
VIDEOS AND PEOPLE FILMING THIS
STUFF.
AND THE KIND OF DERISION ABOUT
HOMELESS PEOPLE BEING FILLED.
THAT IS THE PREJUDICE THAT IS
DRIVING THIS IT'S NOT THE
VULNERABILITY WE DON'T HAVE
PEOPLE BEATING THE DAYLIGHTS OUT
OF CAMPERS.
WE HAD PEOPLE BEATING THE
DAYLIGHTS OUT OF THESE PEOPLE
AND JUST TO PARAPHRASE.
ST TERESA.
THEY VERY WELL MAY BE JESUS IN
THE SKIES IN A FIRE -- WHAT
GROUP IS MORE OF IS NOT IS MORE
VULNERABLE THAN THOSE WHO ARE
HOMELESS?
THIS IS A A BARBEL POPULATION
THAT EXISTS.
THESE ARE INDIVIDUALS FOR
WHATEVER REASON WHETHER IT'S
MENTAL ILLNESS WEATHER'S DRUGS.
CAN'T FIND A JOB.
OR WHATEVER THEY DESERVE TO BE
PROTECTED.
IN THIS STATE OF CALIFORNIA.
I WANT TO JUST QUOTE.
A FORMER AMERICAN BAPTIST
PREACHER.
A CIVIL RIGHTS LEADER BENJAMIN
ELIJAH MAYS.
WHO PAVE THE WAY FOR THE CIVIL
RIGHTS MOVEMENT [inaudible]
IN AMERICA.
AND I QUOTE THE TRAGEDY OF LIFE.
IS OFTEN NOT.
IN OUR FAILURE [inaudible]
BUT RATHER.
THE OUR COMPLACENCY.
NOT IN DOING TOO MUCH
[inaudible]
BUT RATHER.
DOING TOO LITTLE.
NOT IN OUR LIVING ABOVE OUR
ABILITIES BUT RATHER
[inaudible]
IN LIVING.
BELOW OUR CAPACITY.
HATE CRIMES ARE EXPRESSLY
DISGUSTING.
BECAUSE INDIVIDUALS ARE SINGLING
OUT THESE INDIVIDUALS.
WHO ARE HOMELESS?
THEY DIDN'T CHOOSE TO BE
HOMELESS.
PEOPLE ARE NOT SIMPLY.
LAYING ON THE STREETS JUST
BECAUSE THESE INDIVIDUALS HAVE
NOWHERE TO GO.
THESE INDIVIDUALS HAVE BEEN PEED
ON RAPED [inaudible]
BEACHWOOD BACKS.
PORT BATTERY ACID ON THEM.
LEFT FOR DEAD AND IN MOST CASES
THOSE INDIVIDUALS HAVE DIED FROM
INJURIES.
I REALIZE THAT WE DON'T WANT TO
DO SENTENCE ENHANCEMENT.
WHAT AT WHAT POINT WILL WE DO
THAT IN THE STATE?
IN.
NINETEEN SEVENTY EIGHT
CALIFORNIA LED THE WAY WAS THE
MODEL. FOR OTHER STATES IN
AMERICA [inaudible] TO RECOGNIZE.
BEING BLACK.
JUST BECAUSE YOU'RE TARGETING IN
THE BILL BECAUSE THEY'RE BLACK
OR GAY.
OR HAVE A DISABILITY.
SHOULD NOT HAPPEN.
IN AMERICA SHOULD NOT HAPPEN IN
THE STATE OF CALIFORNIA.
WHAT ABOUT THOSE WHO ARE
HOMELESS?
THOSE INDIVIDUALS DESERVE THE
SAME KIND OF PROTECTIONS.
IN THE STATE OF CALIFORNIA WE
LED THE WAY.
AND I'VE JUST DESCRIBED OTHER
STATES WERE ALREADY LEADING THE
WAY IN THIS SPACE [inaudible]
AGAIN.
WHO WILL STAND UP OF THOSE MOST
VULNERABLE IN OUR COMMUNITY I'M
ASKING YOU TODAY?
I KNOW THIS IS WOULD BE A UP
HE'LL FIGHT BUT I STILL TOOK
THIS FIGHT ON AND WILL CONTINUE
TO TAKE THIS FIGHT ON NO MATTER
WHAT THE OUTCOME WILL BE TODAY.
I WILL BE BACK.
WITH THE SAME VIGOR IN THE SAME
FIGHT.
BUT I PEELED EACH AND EVERYONE
OF YOU.
SO PLEASE SEARCH YOUR HEART.
REGARDING THOSE WHO ARE MOST
VULNERABLE INDIVIDUALS LIVING IN
THE STATE OF CALIFORNIA THEY
DESERVE PROTECTION I
RESPECTFULLY ASK WHEN I VOTE.
THANK YOU MISTER GIBSON -- I
WILL APPLAUD YOU -- YOU HAVE
MANAGED TO GET BOTH THE PUBLIC
DEFENDERS AND THE DA ON THE SAME
PAGE ALONG WITH.
OF CIVIL RIGHTS GROUPS.
AND I WANT TO MAKE SURE WE'RE
WE'RE TALKING ABOUT.
THE SAME THING.
NO ONE HERE.
IS SAYING THAT THERE IS THERE IS
THERE IS NO PROBLEM WITH THE
HOMES HERE -- INSANE HERE THAT
THERE AREN'T SOME HEINOUS THINGS
DONE THE HOMES AND NO ONE HEARS
THAT THEY SHOULD NOT.
BE PROTECTED.
THE DISCUSSION RIGHT NOW IS
WHETHER NOT THEY GO INTO JUST.
ONE CATEGORY.
AND THE OPPOSITION HAS GIVEN YOU.
A VEHICLE.
BOB VEHICLE TO MOVE IT INTO
[inaudible]
JUST BECAUSE YOU WANT TO BE IN A
PORTION STEP A MERCEDES.
THEY'VE GIVEN YOU A VEHICLE IN
WHICH YOU CAN MOVE THIS ALONG
AND PROVIDE.
PROTECTIONS TO THIS GROUP THAT
WE CAN THEN MOVE FORWARD AND
HOPEFULLY WHAT LOCAL LAW
ENFORCEMENT THE TO MOVE WILL.
FOR I WAS HERE WHEN WE HAD THIS
DISCUSSION.
ABOUT LAW ENFORCEMENT.
AND LAW ENFORCEMENT OFFICERS WHO
WERE TARGETED I THINK AT THAT
TIME WE HAD THE UNFORTUNATE
INCIDENT OF FIVE OFFICERS
GETTING KILLED IN DALLAS.
THAT WERE TARGETED -- IN ONE OF
THE MOST COWARDLY HEINOUS THINGS
YOU CAN IMAGINE IT WAS VERY
DIFFICULT FOR THIS COMMITTEE.
BECAUSE OF IT BEING A HATE CRIME
QUEST TO SAY NOT WITH VERY
DIFFICULT. FOR US TO SAY SAY NO
BECAUSE THERE.
THIS WHOLE CONCEPT OF AS WHEN
YOU'RE WITNESSES SAID.
AN AFRICAN AMERICAN HOMELESS
PERSON.
IT IS A HATE CRIME.
BECAUSE HE'S AFRICAN AMERICAN.
AND HE CAN'T CHANGE THAT.
AND SO THAT'S THE WHOLE CONCEPT
IF WE START GOING DOWN THE ROAD.
OF SINGLING OUT.
DIFFERENT GROUPS AND AND BY
PROFESSION IT BECOMES REALLY
PROBLEMATIC BECAUSE THAT THAT
LIST ONE COULD BE VERY.
VERY LARGE BUT ALSO -- DID THE
CONCEPT THAT YOU CAN YOU CAN
CHANGE THAT.
ARE YOU MADE A CONSCIOUS CHOICE
AS SOMEONE SAID. TO WHERE THE
RELIGIOUS WITH PROFESSIONAL
WHETHER IT'S WHAT WHATEVER --
VIEW YOU CAN'T CHANGE.
THE AFRICAN AMERICAN WHAT RACE
YOU ARE AND AND THE REASON THAT
WE'VE ADDED.
SEXUAL PREFERENCE BECAUSE WE NOW
HAVE NOW ACKNOWLEDGE THAT THAT
IS NOT A CHOICE IT IS.
SOMETHING THAT'S INHERENTLY IN
SOMEONE.
AND SO UNFORTUNATELY I'M GOING
TO RECOMMEND A NO.
AND I WANT YOU TO CONTINUE TO
FIGHT BUT I WANT YOU TO GET IN
THE RIGHT VEHICLE SO WE CAN MAKE
SURE THAT DIPONIBLE CLASS IS
ULTIMATELY PROTECTED.
SO CHAIRED RECOMMENDED.
IS THERE A MOTION [inaudible]
THANK YOU.
THANK YOU THANK YOU CALDERON.
HONEY BEE FOURTEEN TWENTY TO THE
MOTION IS TO PASS TO THE
APPROPRIATIONS COMMITTEE JONES
SAWYER.
JOHN SERRANO LACKEY.
LACKEY NO BAUER-KAHAN.
DEEP.
DEEP I KAMLAGER-DOVE
[inaudible]
QUIRK.
QUIRK NOTE SANTIAGO.
SANTIAGO NOT VOTING WICKS.
THE MEASURE FAILED I KNOW.
I'M SORRY ALONE WE'RE DOING
ACCOUNT AGAIN OKAY.
IF THE ROLE OPEN IT FAILS I'M
SORRY.
BEAU TO RECONSIDER.
DO WE WE CONCERN A YES YES A
GRANT UNANIMOUS CONSENT. FOR
RECONSIDERATION THANK YOU VERY
MUCH.
THE MIXTURE AND WITHOUT
OBJECTION.
WHAT WE CAN?
TO HELP -- GOES OUT WHEN THEY
WERE ON AND AB FOURTEEN TWENTY
TWO SANTIAGO NOT VOTING TO NOW
[inaudible]
MR BERMAN [inaudible]
EUROPE NEXT.
I DON'T NUMBER.
TWELVE FIVE TWO ONE THANK YOU
MISTER CHAIRMAN COLLEAGUES AND
YOU ALSO HAVE US PORT AND NO.
FORMAL OPPOSITION.
MOVE THOSE SATURDAY.
I WILL BE AS BRIEF AS POSSIBLE
MISTER CHAIR AB FIVE TWENTY ONE
WOULD TASK THE UNIVERSITY OF
CALIFORNIA FIREARM.
VIOLENCE RESEARCH CENTER WITH
RESEARCHING DEVELOPING
IMPLEMENTING AND EVALUATING
EDUCATION AND TRAINING PROGRAMS
FOR HEALTH CARE PROVIDERS ON
PREVENTING FARM RELATED HARLEM --
THE LAST YEAR THE AMERICAN
COLLEGE OF PHYSICIANS PUBLISHED
A POSITION PAPER THAT RECOMMENDS
A PUBLIC HEALTH APPROACH TO
FIREARMS RELATED VIOLENCE IN THE
PREVENTION OF FIREARM INJURIES
AND DEATHS WELL MANY HEALTH CARE
PROVIDERS RECOGNIZE A
RESPONSIBILITY TO HELP PREVENT
FARM RELATED INJURY AND DEATH.
MANY CITE LACK OF KNOWLEDGE
REGARDING WHEN AND HOW TO
COUNSEL PATIENTS AS A PRINCIPAL
BEAR TO ACTION.
AB FIVE TWENTY ONE RECOGNIZES
THAT HEALTH CARE PROVIDERS ARE
UNIQUELY POSITIONED TO HELP
PREVENT FARM RELATED HARLEM.
INTO THE UNIVERSITY OF
CALIFORNIA FARM VIOLENCE
RESEARCH CENTER IS UNIQUELY
QUALIFIED TO EQUIP THEM WITH THE
EDUCATION TRAINING AND RESOURCES
NEEDED TO IDENTIFY PATIENTS.
AT RISK FOR SUCH HARM TO PROVIDE
EVIDENCE BASED COUNSELING THAT
TO MITIGATE RISK IN INTERVENE IN
SITUATIONS OF IMMINENT DANGER
WITH ME TODAY IS DOCTOR GARREN
WITH A MUTE.
THE DIRECTOR OF THE UNIVERSITY
OF CALIFORNIA FARM VIOLENCE
RESEARCH CENTER RESPECTFULLY ASK
FOR AN AYE VOTE.
ISSUE IN MY QUEST I'M GOOD
MORNING -- MISTER CHAIR AND
MEMBERS THANKS FOR THE
OPPORTUNITY I'LL BE VERY BRIEF
AND JUST PROVIDE SOME NEW
INFORMATION.
OUR CENTER HAS JUST FINISHED A
SCIENTIFIC SURVEY RESEARCH STUDY
OF MANY TOPICS RELATED TO
FIREARM VIOLENCE IN CALIFORNIA.
ONE OF THE THINGS WE ASKED ABOUT
WAS SHOULD DOCTORS BE TALKING TO
PATIENTS ABOUT FIREARMS WHEN
RISK IS INVOLVED.
AND WE FOUND THAT SUPPORT FOR
SUCH.
A MESS IT AND INITIATIVE
EXCEEDED 90% IN THE GENERAL
POPULATION AND WAS WELL ABOVE
80% AMONG FIREARM OWNERS.
THANK YOU VERY MUCH.
THANK YOU ARE THERE ANY OTHER
WITNESSES IN SUPPORT.
THANK YOU YES TO CHAIR MEMBERS
TO MAD REPRESENT THE CALIFORNIA
CHAPTER OF AMERICAN CULTURE
MERGED FISSIONS IN STRONG
SUPPORT.
COLIN QUICK BAY AREA STUDENT
ACTIVISTS STRONG SUPPORT THANK
YOU.
ANY WITNESSES IN OPPOSITION.
HE WOULD STOP STATION SEEN NONE
ANY QUESTIONS FROM COMMITTEE
MEMBERS.
SEEING NONE YOU MAY CLOSE
DECEMBER.
RESPECT THAT FOREVER.
I GREW CHAIRS RECOMMEND AYE VOTE.
THE GERMAN UP.
YEAH WE DID GET A MOST.
AB FIVE TWENTY ONE THE MOTION IS
TO PASS TO THE APPROPRIATIONS
COMMITTEE JONES SAWYER CANCER I
LACKEY.
LACKEY I BAUER-KAHAN.
BAUER-KAHAN I DEEP [inaudible]
KAMLAGER-DOVE [inaudible]
QUIRK.
QUIRK I SANTIAGO.
SAN DIEGO I WICKS.
THE MEASURE PASSES THANK YOU
VERY MUCH YOU [inaudible]
I SAW.
MR.
REYES SAID.
AND THEN HE DISAPPEARS.
OTHERWISE MR SANTIAGO CAN GO.
DON'T YOU HAVE YOUR OWN
[inaudible]
YEAH.
AB.
THREE TEN I DON'T KNOW.
HE'S HERE.
ITEMS NINE TO EIGHT AND TWELVE
EIGHT NOT A ITEMS.
NUMBER TWENTY AND NUMBER.
TWENTY SEVEN BILL NUMBERS NINE
TWO EIGHT AND TWELVE EIGHTY
WHICHEVER ONE YOU WANT TO DO
FIRST. TWELVE A PLEASE.
SO THIS IS AB.
TWELVE EIGHTY MISTER CHAIR AND
MEMBERS.
THANK YOU FOR THE OPPORTUNITY TO
ALLOW ME TO PRESENT.
ON AB ONE TWELVE EIGHTY RELATING
TO DEFLATE VIDEOS.
BEFORE I GO INTO DETAILS ON THE
BILL.
I WOULD LIKE TO STATE CLEARLY
THAT I WILL BE STRIKING
PARAGRAPH SEE.
RELATED TO ELECTIONS.
WELL I FIRMLY BELIEVE THAT DEEP
MAKES HAVE A VERY REAL ABILITY
TO INFLUENCE OUR ELECTIONS.
A NUMBER OF ORGANIZATIONS --
RAISE CONCERNS WITH THIS
PROVISION AND I THINK MALICIOUS
PORNOGRAPHIC DEEP FAKES AND
DEPICTS INTENDED TO INTERFERE
WITH ELECTIONS SHOULD BE
DISCUSSED AND CONSIDERED
SEPARATELY.
THIS WOULD ALLOW FOR A CLEARER
MORE DIRECT CONSIDERATION OF
EACH CONCERNED.
THE TERM DEEP FAKE FIRST COINED
IN TWO THOUSAND SEVENTEEN REFERS
TO FORCED OR FATE VIDEOS CREATED
VIA MACHINE LEARNING WHERE A
PERSON'S LIKENESS INCLUDING
THEIR FACE AND VOICE.
CAN BE REALISTICALLY SWAPPED
WITH SOMEONE ELSE'S.
WHILE THE UNDERLYING TECHNOLOGY
A FORM OF ARTIFICIAL
INTELLIGENCE THAT DEEP BREAKS
ARE BASED ON WAS FIRST DEVELOPED
IN.
TWO THOUSAND TWELVE THIS
SPECIFIC APPLICATION FIRST
APPEARED IN NOVEMBER OF TWENTY
SEVENTEEN ON A REDDIT FORM.
AND HAS SINCE EXPLODED IN USE.
A NUMBER OF HIGH PROFILE DEEP
FAKE VIDEOS HAVE INCLUDED
PRESIDENT OBAMA.
STEVE LUCEY ME AND JENNIFER
LAWRENCE AND SCARLETT JOHANNSON
IN THE CASE OF SCHOLARSHIP
JOHANNSON THE VIDEO WAS
PORTRAYED AS AN AUTHENTIC LEAKED
SEXUALLY EXPLICIT VIDEO.
THAT WAS VIEWED OVER ONE POINT
FIVE MILLION TIMES.
IN MOST INSTANCES A TARGET IS
IDENTIFIED ANY FACIAL PROFILE IS
HARVESTED FROM EXISTING VIDEO
LIKE MOVIES OR POLITICAL
ADVERTISEMENTS.
THE FOOTAGE IS THEN ANALYZED BY
THE DEEP MAKE APPLICATION.
AFTER THE TARGETS FACES BEEN
SUFFICIENTLY ANALYZED THE
APPLICATION THEN ANALYZES THE
SOURCE VIDEO TO FIGURE OUT HOW
TO GRAPH THE TARGET SPACE ON TO
THE ORIGINAL VIDEO.
THE RESULTS ARE ASTOUNDING AND
INCLUDE FULL REPRESENTATION OF
FACIAL FEATURES GESTURES AND
EVEN SPEECH.
AS THE TECHNOLOGY IMPROVES LESS
SOURCE MATERIAL WILL BE REQUIRED
AND NOW BUT QUALITY WILL ALSO
IMPROVE.
AS SUCH THE BILL BEFORE YOU
TODAY FOCUSES EXCLUSIVELY ON THE
PRODUCTION AND DISTRIBUTION OF
MALICIOUS PORNOGRAPHIC DEEP FAKE
VIDEOS.
IN TWO THOUSAND FIFTEEN
RECOGNIZING THE DANGER OF SEVERE
MENTAL ANGUISH AND REPUTATIONAL
HARM THAT CAN BE CAUSED BY
SEXUALLY EXPLICIT CONTENT
RELEASED ON THE INTERNET WITHOUT
CONSENT.
THE LEGISLATURE UNANIMOUSLY
PASSED A PROHIBITION ON SO
CALLED REVENGE PORN.
AS AN ANALOG TO THE COMMENDABLE
LEGISLATION THIS BILL RESPONSE
TO A NEW WAY THAT TECHNOLOGY CAN
BE HARNESSED TO INFLICT
EMOTIONAL HARM OR DAMAGE ON A
PERSON'S REPUTATION.
NO LONGER DOES SOMEBODY HAVE TO
ACTUALLY -- ACTUALLY BE FILMED
IN A SEXUAL ACT NOW THERE ONLY
NEEDS TO BE A SOURCE VIDEO AND A
CONVINCING FAKE CAN BE GENERATED
TO MAKE IT APPEAR.
SOMEONE HAS PARTICIPATED IN A
SEXUAL ACT.
LET US BE CLEAR THAT REAL HARM
WILL BE DONE AND THIS PROBLEM
WILL BECOME WIDESPREAD ALREADY
STATISTICS FROM RECENT CYBER
ABUSE STUDIES SHOW.
THEY SHOW US THAT ONE IN TWENTY
FIVE AMERICANS ONLINE HAVE
EITHER HAD SENSITIVE EMISSION
IMAGES POSTED WITHOUT THEIR
PERMISSION OR HAD SOMEONE
THREATEN TO POST PHOTOS OF THEM.
THOSE STATISTICS ONLY GET WORSE
WHEN YOU LOOK AT YOUNG PEOPLE
ONE IN FOURTEEN YOUNG WOMEN ONE
IN TEN AND MEMBERS OF THE LGBT
COMMUNITY ONE IN.
SIX OF THESE VICTIMS A SICKENING
51% AGAIN THAT'S 51% INDICATED
THEY CONSIDERED SUICIDE WITH
DEBATE TECHNOLOGY THIS PROBLEM
WILL BECOME EVEN MORE PERVASIVE
AS ACTUAL MATERIAL CONSIDERED.
A SENSITIVE IS NO LONGER THAN
REQUIRED.
AS YOU CONSIDER A. B. TWELVE
EIGHTY I IMPLORE YOU TO CONSIDER
A FEW KEY POINTS WE KNOW THAT AS
TECHNOLOGY CHANGES SO DO OUR
LOSS.
THIS BILL IS NARROWLY TAILORED
TAILORED TO TARGET ONLY
MALICIOUS PORNOGRAPHIC DEEP
FAKES THAT ARE ACTUALLY
DISTRIBUTED AND THAT ARE
REASONABLE THAT ARE.
THAT A REASONABLE PERSON CANNOT
DIFFERENTIATE FROM REALITY
THOUSANDS OF THESE VIDEOS
ALREADY EXIST THAT ARE CAUSING
SIGNIFICANT MENTAL ANGUISH AND
REAL REPUTATIONAL HARM.
WE HAVE ACTED TO PROTECT
CALIFORNIANS FROM SUBSTANTIALLY
SIMILAR DANGER IN REVENGE PORN
JUST SIX YEARS AGO AND LASTLY WE
KNOW THIS PROBLEM IS ONLY GOING
TO GET WORSE.
IN ADDITION WE HAVE DEVELOPED A
AND AND PLAN TO INCORPORATE
LANGUAGE TO FURTHER REFINE AND
TAYLOR THE DEFINITION OF DEEP
BREAKS.
AND DEEPLY CREATION SO THAT WE
CAN ALL BE ABSOLUTELY CERTAIN
THAT THIS BILL ONLY TARGETS THE
INTENTIONAL CREATION OF
MALICIOUS PORNOGRAPHIC DEEP
BREAKS.
SO BECAUSE OF THESE PROMISED
AMENDMENTS YOU WILL HAVE ANOTHER
OPPORTUNITY TO REVIEW THIS
LEGISLATION SHOULD YOU ALLOW IT
TO PROCEED NOW.
AND WE BELIEVE GIVEN THE URGENCY
OF THE SITUATION AND THE CURRENT
LEVEL OF RISK.
THE PRUDENT COURSE IS TO
CONSIDER THE LEGISLATION FULLY
THIS YEAR.
I BELIEVE THE CALIFORNIA NEEDS
TO TAKE THE LEAD ON THIS ISSUE
WE MUST ACT BEFORE MALICIOUS
PORNOGRAPHIC DEPICTS BECOME A
COMMON OCCURRENCE IN OUR SCHOOLS
HOMES.
AND WORKPLACES THREATENING EVEN
MORE OF OUR COMMUNITIES ARE
FRIENDS AND YES OUR FAMILIES.
I AM COMMITTED TO CAN TURN
CONTINUING TO WORK WITH
OPPOSITION TO ADDRESS ANY
CONCERNS.
AND WITH THAT I WOULD LIKE TO
INTRODUCE OR HAVE MIGHT WITNESS
SELF INTRODUCE.
HELLO FIRST THANK YOU DETERMINE
JONES SAWYER VICE CHAIRMAN
LACKEY AND ALL THE MEMBERS OF
THE PUBLIC SAFETY COMMITTEE FOR
YOUR TIME AND CONSIDERATION OF
AB.
TWELVE EIGHTY MY NAME IS MARK
BERGMANN I AM THE EXECUTIVE
DIRECTOR OF THE ORGANIZATION FOR
SOCIAL MEDIA SAFETY.
WE ARE CONSUMER PROTECTION
ORGANIZATION FOCUSED ON SOCIAL
MEDIA PROTECTING AGAINST ALL
SOCIAL MEDIA RELATED DANGERS
INCLUDING SIDE REVELING
HARASSMENT AND PROPAGANDA.
WE ARE PROUD TO SPONSOR AB
TWELVE EIGHTY WHICH RESPONSE TO
THE NEW AND FRIGHTENING DANGER
CREATED BY DEEP FAKE TECHNOLOGY
SPECIFICALLY IN THIS CASE
MALICIOUS PORNOGRAPHIC DEEP FIX.
AS ASSEMBLY MEMBER GRAYSON
DISCUSSED DEEP FIX OUR FORD'S
VIDEOS CREATED VIA ARTIFICIAL
INTELLIGENCE WHERE PERSONS
LIKENESS INCLUDING THEIR FACE
AND VOICE IS REALISTICALLY
SWAPPED WITH SOMEONE ELSE'S. TO
BE CLEAR DEEP FAKES LOOK REAL.
THIS IS NOT AN ABILITY WE HAVE
EVER SEEN BEFORE AT LEAST
OUTSIDE OF HOLLYWOOD.
AND BECAUSE OF THIS HYPER
REALISM OF DEEP TAKE TECHNOLOGY
WE ARE DEEPLY CONCERNED BY ITS
POTENTIAL FOR CYBER BULLING IN
HARASSMENT AMONG OTHER CONCERNS.
AND THERE IS SUFFICIENT EVIDENCE
FOR THIS CONCERN.
SINCE THE INTRODUCTION OF DEEP
TAKE TECHNOLOGY IN LATE TWENTY
SEVENTEEN THEY'VE ALREADY BEEN
USED TO EXTENT THEY'VE ALREADY
BEEN USED EXTENSIVELY TO INSERT
WOMEN'S LIKENESSES INTO
PORNOGRAPHIC FILMS WITHOUT CAN
SENSE.
MANY OF THESE VICTIMS HAVE BEEN
CELEBRITIES BUT ALSO NON PUBLIC
PERSONS HAVE BEEN TARGETED FOR
EXAMPLE A CALIFORNIA WOMAN WITH
A YOUNG CHILD WAS TARGETED.
SHE BECAME WRACKED WITH FEAR AND
SEVERE ANGUISH OVER THE
POSSIBILITY OF LOSING CUSTODY --
CUSTODY OF HER CHILD TO OUR EX
SPOUSE BECAUSE OF THE VIDEOS.
A TEXAS WOMAN HAD PORNOGRAPHIC
DEEP TAKES ADDED TO OUR BUSINESS
PAGES.
CAUSING OUR SEVERE LOSS OF
INCOME AND SERIOUS REPUTATIONAL
DAMAGE.
INVESTIGATIVE REPORTER RON I YOU
WITH TARGETED WITH DEEP WITH
PORNOGRAPHIC DEEP FIX SIMPLY
BECAUSE FOR WORK AS A JOURNALIST.
THIS COMMITTEE IN TWENTY
THIRTEEN COMMENDABLY AND WISELY
APPROVED NEW LEGISLATION TO
PREVENT THE NON CONSENSUAL
DISTRIBUTION OF SENSITIVE IMAGES
AND VIDEOS SO CALLED REVENGE
PORN.
NOW WITH THIS NEW TECHNOLOGY WE
HAVE THE ABILITY TO CREATE
REVENGE PORN WITHOUT EVEN
NEEDING ACTUAL FOOTAGE.
AB TWELVE EIGHTY IS A NECESSARY
ADDITION TO THAT WORK.
IT IS A NARROWLY TAILORED
CONSTITUTIONALLY COMPLIANCE
RESPONSE TO A NEW DANGER THAT
WILL PROTECT VULNERABLE WOMEN
AND GIRLS ACROSS CALIFORNIA.
THE ORGANIZATION FOR SOCIAL
MEDIA SAFETY STANDS IN STRONG
SUPPORT.
THANK YOU ARE ANY OTHER
WITNESSES IN SUPPORT THANK YOU
MISTER CHAIR MEMBERS DON CAP KEY
ON BEHALF OF CRIME VICTIMS
UNITED CALIFORNIANS SUPPORT.
THANK YOU.
ARE THERE ANY OTHER WITNESSES IN
SUPPORT.
ANY WITNESSES IN UP POSITION
[inaudible]
IT [inaudible]
GOOD MORNING.
KATHY SURE FOR THE ACLU OF
CALIFORNIA.
AB TWELVE EIGHTY WOULD IMPOSE
CRIMINAL PENALTIES ON CERTAIN
FORMS OF SPEECH.
THE JUSTIFICATION FOR THIS IS
THAT THE TECHNOLOGY USED TO
CREATE THE SPEECH IS SO
DIFFERENT FROM PREVIOUS
TECHNOLOGIES AS TO MAKE THE
LIKELIHOOD THAT THE FALSE
REPRESENTATIONS WILL BE BELIEVED
MUCH GREATER.
THEREBY INCREASING THE HARM
CAUSED BY THOSE REPRESENTATIONS
TO A DEGREE THAT REQUIRES THE
STATE TO IMPOSE CRIMINAL
SANCTIONS.
BUT HUMAN BEINGS HAVE LONG BEEN
ABLE TO DEPICT THINGS THAT DID
NOT ACTUALLY OCCUR USING IMAGES
AND USING SPOKEN AND WRITTEN
LANGUAGE AS LONG AS WE'VE BEEN
DOING IT SOME PEOPLE HAVE BEEN
DECEIVED BY THESE DEPICTIONS.
AND SOME PEOPLE HAVE BEEN HURT
BY THOSE FALSEHOODS.
WHEN A DEEP FAKE VIDEOS
DISTRIBUTED ON THE INTERNET THE
LIKELIHOOD OF FOOLING PEOPLE IS
IS NOT GREATER IN THE NATURE OF
THE HARM IS NOT DIFFERENT THAN
ONE A FALSE STORY IS DISTRIBUTED
OR FAKED PHOTOGRAPH?
WE ALL UNDERSTAND THE DANGER OF
ALLOWING THE GOVERNMENT TO
CRIMINALLY PROECUTE INDIVIDUALS
FOR MAKING OR DISTRIBUTING FALSE
STATEMENTS THINK OF THE IMPACT
ON NEWS REPORTING.
IF THE DOWNSIDE OF A WRONG CALL
AS TO TO THE THE LEGITIMACY AND
AND TRUTHFULNESS OF SOME OF OF A
PIECE OF MEDIA.
IS A POTENTIAL FELONY CONVICTION.
EXISTING LAWS ALREADY ALLOW FOR
CRIMINAL PROSECUTION FOR MUCH OF
THE ACTIVITY COVERED IN THIS
BILL INCLUDING REAL OR FAKE
CHILD ****.
CIVIL REMEDIES ARE AVAILABLE FOR
OTHER TYPES OF BEHAVIOR SUCH AS
A FAKE PORNOGRAPHIC VIDEO THAT
IS DISTRIBUTED.
CALIFORNIA NEED NOT RESPOND TO
THIS NEW TECHNOLOGY BY
INFRINGING ON THE FREE SPEECH
RIGHTS OF ITS RESIDENTS IT CAN
PROTECT THOSE RIGHTS WHILE
CONTINUING TO PROTECT THOSE
HARMED BY FALSE AND HARMFUL
SPEECH IN ANY FORM.
WE RESPECTFULLY ASK FOR YOUR NO
VOTE [inaudible]
THANK YOU.
MARGOT GEORGE FOR THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION --
I WANNA THANK THE AUTHOR FOR
AMENDING THE BILL AND TAKING OUT
THE ELECTION PIECE UNFORTUNATELY
WE STILL NEED TO OPPOSE THE BILL.
AND ONE THING THAT I WOULD GO UP
IS ECHO THIS YEAR'S COMMENTS BUT
ALSO -- BRING TO YOUR ATTENTION
OF PENAL CODE SECTION.
FOUR TWENTY TWO BECAUSE WE FOR
SEE THAT EVEN THOUGH THIS HAS
LIMITS ONCE YOU PASS SOMETHING
LIKE THIS THE COURT THEN
INTERPRETED AS THEY WILL.
AND IT BECOMES -- SORT OF
CREEPING CRIMINALIZATION IN FOR
TWENTY TWO IT HAS SPECIFIC
LANGUAGE THE SAYS IMMEDIATE
THREAT.
ON ITS SAYS IT MUST BE
UNCONDITIONAL.
AND IN ORDER TO BE CRIMINAL --
THE COURTS HOWEVER AN
APPLICATION HAVE ELIMINATED
THESE REQUIREMENTS DESPITE THE
VERY PLAIN LANGUAGE OF THE
STATUTE.
AND THEY HAVE ALLOWED A
CONVICTION TO STAND EVEN IF THE
THREAT IS CONDITIONAL.
AND EVEN IF IT'S NOT IMMEDIATE
SO WE FOUR SEE THE SAME KIND OF
CREEP BEING.
A CRIMINALIZATION HERE.
AND I STE AGREE WITH THIS YEAR'S
COMMENTS THAT THEY'RE ALREADY
REMEDIES FOR THOSE -- PEOPLE CAN
SUE FOR DAMAGES MANY OF THE
THINGS THAT THEY TALKED ABOUT
WITH THE MOTIONAL DISTRESS.
ON THEM.
YOU KNOW LOSS OF INCOME DREW TO
BUSINESS LOSSES ALL OF THOSE
THINGS ARE DOT DEALT WITH EVERY
DAY IN THE CIVIL COURTS.
AND THAT THERE IS NO NEED TO
SEND PEOPLE TO JAIL OR PRISON
OVER SPEECH.
WE ASK FOR YOUR NO VOTE
RESPECTFULLY.
GOOD MORNING WOULD BE PROUD WITH
THE CALIFORNIA NEWS PUBLISHERS --
I UNDERSTAND YOU A FULL AGENDA
TODAY SO I'LL BE BRIEF SEE AN
PA'S OPPOSED UNLESS AMENDED TO
THIS BILL -- WE HAVE A NUMBER
SPECIFIC CONCERNS THAT ARE
DISCUSSED IN OUR LETTER OUR
OVERARCHING CONCERN IS -- OVER
BROUGHT THEM VAGUENESS ISSUES
WITH THIS BILL AND THAT AB TOLD
EIGHTY COULD NOT ONLY RESULTED
IN.
ACTUAL PUNISHMENT OF FORMS OF
EXPRESSION BUT THAT IT WOULD
ALSO HAVE A PROFOUND CHILLING
EFFECT ON SPEECH AND SO WE DO
APPRECIATE THE AUTHOR.
OF BEING WILLING TO WORK WITH US
ON THIS BILL AND WE LOOK FORWARD
TO CONTINUING TO HAVE THOSE
CONVERSATIONS TO MAKE SURE THE
BILL IS AS NARROWLY TAILORED AS
POSSIBLE [inaudible]
THE THE SECOND.
SO.
HE FINISHED AND FINISH.
ANY OTHER WITNESSES IN
[inaudible]
OPPOSITION.
DAN YOUR TEARS ON BEHALF OF THE
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE IN OPPOSITION
[inaudible]
THANK YOU.
ARE ANY QUESTIONS FROM COMMITTEE
MEMBERS.
JUST.
JUST A COMMENT I MEAN.
PORNOGRAPHIC DEEP FAKES ARE NOT
A FORM OF EXPRESSION THAT AT BY
ANY STRETCH ACCEPTABLE.
BY ANY STANDARD I WOULD HOPE NOT --
TO WE HAVE REALLY SUNK TO A NEW
LOW.
THANK YOU FOR BRINGING THIS
FORWARD.
YES.
BAUER-KAHAN THE COUPLE QUESTIONS
OF MR GRAYSON SO AS I READ IT
THE PART THAT CONCERNS ME THE
MOST OF THE EXPLOITATION OF
GIRLS AND BOYS UNDER EIGHTEEN
YEARS OLD BUT AS I READ IT WE
ALREADY HAVE A CRIMINAL STATUTE
THREE ELEVEN THAT DOES THAT.
WHY HAVE YOU FELT THE NEED TO DO
A SECONDARY STATUTE IS THERE?
LEUPOLD SOMETHING MISSING
ABSOLUTELY WITH NEW TECHNOLOGY
THAT HAS COME OUT WE DO FIND
THAT -- THERE ARE AREAS IN
STATUTE WHERE IT MAY BE
ADDRESSED BUT BECAUSE OF THE NEW
TECHNOLOGY.
IT TAKES IT TO A COMPLETELY
DIFFERENT LEVEL BY WHICH THE LAW
NEEDS TO BE UPDATED TO ADDRESS
THE NEW TECHNOLOGY I WILL ALLOW.
IT THROUGH THE CHAIR IF I MAY
HAVE MY EXPERT WITNESS BE ABLE
TO ADDRESS THAT AS WELL AS THE
THE FREE SPEECH -- THAT
OPPOSITION PRODUCT QUESTION NOW
MY SECOND QUESTION.
SO MY SECOND QUESTION IS ABOUT
FREE SPEECH BUT SO TWO THREE
ELEVEN I MEAN IT'S THREE ELEVEN
INCLUDE SIMULATING SEXUAL
CONTENT INCLUDING THAT THIS
COMPUTER GENERATED SO I GUESS I
DON'T UNDERSTAND HOW IT.
WOULD BE DIFFERENT SO IF I
UNDERSTAND CORRECTLY -- THE WAY
THE LAW IS WRITTEN RIGHT NOW THE
COURT ALREADY RULED IT ACTUALLY
REQUIRES THAT PERSON TO BE IN
THE ACT -- WHERE AS WITH DEEP
FAKE THE PERSON DOESN'T EVEN
HAVE TO KNOW OR BE INVOLVED IN
ANY ACT WHATSOEVER?
ARTIFICIAL INTELLIGENCE READS
IMAGES OF THAT PERSON AND TAKES
THOSE IMAGES AND M. PUTS IT INTO
A COMPLETELY DIFFERENT VIDEO TO
MAKE IT LOOK AS THOUGH THAT
PERSON IS PRESENT IN THAT VIDEO.
SO THE LAW RIGHT NOW IF I
UNDERSTAND CORRECTLY ONLY
ADDRESSES THOSE THAT ARE IN THE
ACTS.
AND THEN THE CAN DO SOMETHING
BUT THIS DOES NOT ADDRESS.
THE DEEP FAKE ISSUE WHERE THE
PERSON IS AN EVEN INVOLVED AT
ALL SO THE COURTS HAVE.
INTERPRETING HERE GENERATED IS
NOT.
DEEP THINKERS THAT.
AND I'D LIKE TO HEAR THESE
VALUES RESPONSE ACT THAT
SURPRISES ME BUT MAYBE THERE'S A
CASE IT'S NOT YES I WILL YES I'M
HAPPY TO HAVE HIM HE'S A LOT
MORE YEAH.
THERE IS A CASE ON SECTION THREE
ELEVEN POINT ELEVEN IT'S THE
GERBER CASE -- DECIDED IN -- TWO
THOUSAND ELEVEN THE COURT IN
THAT CASE HELD THAT THE PHRASE
THE MATTER DEPICTS A PERSON
UNDER THE AGE OF EIGHTEEN YEARS.
PERSONALLY ENGAGING IN OR
SIMULATED SEXUAL CONDUCT TO
REQUIRE REAL CHILD TO ACTUALLY
ENGAGE.
IN THESE SEXUAL CONDUCT DEPICTED.
OKAY SO IT WOULD NOT COVER.
DEPICTS AS DEFINED UNDER AB
TWELVE EIGHTY CAN I ASK THE
ACLU'S THAT YEAR DO YOU HAVE A
RESPONSE TO THAT THE LIKE.
TO I'M SORRY I'M NOT OKAY OKAY --
AND THEN YES MY SECOND QUESTION
IS I AM ACTUALLY I'M SORRY I
FORGOT YOUR NAME.
WHITNEY BUT I AM.
YOU KNOW I I AGREE WITH MR
LACKEY OF IT I'M NOT SUPER
CONCERNED ABOUT EXPLOITING
CHILDREN UNDER EIGHTEEN WHEN IT
COMES TO FREE SPEECH ESPECIALLY --
AND I THINK THAT THAT WOULD PASS
MUSTER AND SO I'M CURIOUS TO
KNOW WHAT YOUR FREE SPEECH
CONCERNS ARE BECAUSE THE FREEDOM
OF SPEECH IS OBVIOUSLY.
WE WOULD NEVER WANT TO CHILL IT
WHERE IT IS LEGITIMATE -- SHORE
AND AND CERTAINLY WE'RE NOT AT A
PROPONENT OF EXPLOITING.
REACH CHARTER AND I HOPE THAT
WOULD BE.
A VERY CLEAR TO EVERYONE HERE
BUT WAS THERE -- WE HAVE A
NUMBER OF CONCERNS ONE IS THE
BILL APPLIES NOT ONLY -- TO IT
APPLIES TO DISTRIBUTION AND I
UNDERSTAND THAT THERE HAVE BEEN
AMENDMENTS PUT IN TO TRY AND
CLARIFY THAT WE FEEL LIKE
THEY'RE STILL UNCLEAR THAT IF
THERE WAS SOMETHING THAT WAS --
EVEN JUST DISTRIBUTOR CLIPS THAT
THAT COULD BE INTERPRETED AS A
DEPICTED BECAUSE OF AWAY AN
ACTUAL EVENT ADDED -- ON THE THE
CHILDREN SPECIFIC PIECE OF THE
BILL.
IT'S AN ABSOLUTE PROHIBITION SO
IT COULD APPLY TO SITUATIONS
THAT ARE NOT JUST PORNOGRAPHIC
AND I THINK IF YOU LOOK AT THE
ASHCROFT CASE THAT THE UNITED
STATES SUPREME COURT HAS ISSUED
THEY TALK ABOUT.
WHAT ARE THE COMMUNITY STANDARDS
AND THAT THERE CAN BE SITUATIONS
IN WHICH -- THE DEPICTION OF A
MINOR ENGAGING IN SEXUAL
ACTIVITY LIKE IN A MOVIE OR
SOMETHING LIKE THAT MAYBE NOT ON
A PORNOGRAPHIC LEVEL NECESSARILY.
COULD BE PROTECTED SPEECH AND SO
THAT'S WHY WE THINK THE BILL
NEEDS TO BE NARROWLY TAILORED TO
MAKE SURE THAT THOSE CONCERNS
ARE ADDRESSED.
MR GRACING CAN ASK IF WE HAVE
YOUR COMMITMENT TO WORK TO
NARROW IT SO AS NOT TO CHILL
SUCH SO WE BELIEVE THAT THE BILL
IS VERY NARROWED ALREADY TO
PORNOGRAPHIC MATERIAL HOWEVER.
WE ARE MORE THAN WILLING TO WORK
WITH OPPOSITION TO MAKE EVEN
MORE CLARITY AS FAR.
AS THE UNDERSTANDING THE BILL BY
OPPOSITION AND THROUGH THE CHAIR
I JUST WANTED ALSO CLARIFY IT'S
NOT JUST DISTRIBUTION THE BILL
ACTUALLY IS ATTEMPTING.
WORKING AT LINKING BOTH CREATION
AND DISTRIBUTION TOGETHER SO --
SO THAT THERE'S NO LOOPHOLE LEFT
AND THERE'S ACTUALLY A CASE ON
THIS IF I MAY -- TO THE CHAIR I
HAVE MY WITNESS BE ABLE TO
ADDRESS HER ANSWER HER QUESTION.
BUDGET IF IT'S YOU HAVE ANOTHER
QUESTION.
AS FAR AS THE THE LINKAGE OF THE
FIRST COMMENT THAT WAS MADE BY
OPPOSITION AND THEIR ANSWER TO
THE MEMBER HER QUESTION IS A
OKAY.
WELL THEN MY MY ANSWER BACK TO
YOU IS THAT YES WE ARE WORKING
WITH OPPOSITION BUT WE ALSO
THROUGH THE CHAIR NEED TO MAKE
SURE THAT OPPOSITION -- WOULD
UNDERSTAND THAT THE BILL IS NOT
JUST LIMITED TO DISTRIBUTION
THAT ACTUALLY IN READING THE
BILL YOU FIND THAT IT'S THE
CREATION AND DISTRIBUTION THAT
IS BEING LINKED -- TO THOSE TWO
THAT ARE BEING LINKED TOGETHER.
SO YES WE WILL WORK WITH
OPPOSITION CONTINUE AND
COMMITTED THANK YOU.
OKAY ANY OTHER QUESTIONS FROM
COMMITTEE MEMBERS.
YOU MAY CLOSE MISSED
[inaudible]
GRAYSON.
THANK YOU FOR THE CLOSE
CONSIDERATION OF THIS MEASURE.
AT ITS HEART THIS BILL IS FAIRLY
STRAIGHTFORWARD AND NOTHING
REYES TODAY IS ABSOLUTELY
UNWORKABLE BUT THIS ISSUE
DEMANDS ACTION.
CYBER BULLYING IS HAPPENING IN
OUR COMMUNITIES AND NEW
TECHNOLOGY BRINGS NEW THREATS
THIS IS UNDENIABLE.
AS THE PARENT OF TWO CHILDREN
RATE -- AS THE PARENT OF TWO
CHILDREN RAISING THEM IN THE
DIGITAL AGE I'VE FIRST I'VE HAD
FIRST HAND EXPERIENCE OF THE
DANGERS OF SOCIAL MEDIA THE
INTERNET AND NEW TECHNOLOGIES.
IMAGINE IF YOUR CHILD WAS THE
VICTIM OF AN EXPLICIT DEEP FAKE.
WOULD YOU LIKE TO HAVE WOULD YOU
LIKE TO HAVE ACTUAL RECOURSE TO
BE ABLE TO ADDRESS THOSE -- AND
FOR THE UNFORTUNATE ISSUES OF
DEEP FAKES WOULD YOU BE ABLE TO
HAVE RECOURSE TO ENTITIES THAT
CAN ASSIST IN FINDING THE PERSON
WHO CREATED.
AND DISTRIBUTED THE VIDEO THAT
MORE LIKELY THAN NOT IS CAUSING
YOUR CHILD TO CONTEMPLATE
SUICIDE.
IMAGINE THE PAIN AND TRAUMA THIS
WOULD INFLICT ON YOUR ENTIRE
FAMILY I ASK THAT YOU PLEASE
HELP MOVE THIS BILL FORWARD.
AND I WILL CONTINUE TO ENGAGE
THE COMMITTEE TO ADDRESS
CONCERNS RAISED TODAY AS WELL AS
OPPOSITION THANK YOU VERY MUCH.
AND IT AND AGAIN I THANK YOU FOR
BRINGING THIS THIS -- ISSUE TO
THE FOREFRONT SO WE CAN HAVE A
ROBUST DISCUSSION -- AND I THINK
WE NEED TO HAVE MORE DISCUSSION
ARE THE CHALLENGES OF IF IT WERE
TO LEAVE THIS COMMITTEE THE ONLY
HAVE.
MAYBE TWO WEEKS OR THREE WEEKS
IN MAY I THINK THIS NEEDS A LOT
MORE DISCUSSION AND THAT'S WHY
WOULD A YOU KNOW -- I WAS I WAS
HOPING THAT YOU WOULD MAKE THIS
A TO YOUR BILL SO THAT YOU COULD.
WORK THROUGH ALL THE DIFFERENT
ISSUES I MEAN I EVEN HAVE PEOPLE
COMING TO ME ABOUT THE POLITICAL
PART ISN'T COMPLETELY RESOLVED.
EVEN WHICH AMENDMENTS THAT YOU
YOU'VE SUBMITTED THAT WE STILL
NEED SOME DISCUSSION ON THAT.
AND AGAIN THAT'S NOT SOMETHING I
THINK WE CAN.
WE CAN GET DONE IN A RELATIVELY
SHORT PERIOD OF TIME -- AND SO
I'M GONNA CHAIRS ARE RECOMMENDED
NO.
BUT MORE IMPORTANT OR RECOMMEND
THAT WE TAKE.
YOU ON YOUR WORD THAT YOU
CONTINUE TO WORK WITH BOTH SIDES.
ASK FOR RECONSIDERATION IF IT
DOESN'T GET OUT OF HERE.
AND WE WORK ON THIS SO THAT WE
SMOOTHED IT ALL OUT HERE'S
HERE'S HERE'S A POINT WE WE
CAN'T.
RUSH LOS.
BECAUSE THEY HAVE CONSEQUENCES.
AND JUST TO GET IT DONE FOR THE
SAKE OF GETTING IT DONE.
IT EXPRESSION PUBLIC SAFETY
BECAUSE IT HAS AN EFFECT ON SO
MANY DIFFERENT PEOPLE ESPECIALLY
UNINTENDED.
THINGS THAT WE KEEP HEARING FROM
THE OPPOSITION THE GOOD PART IS
YOU'RE WILLING. TO WORK THROUGH
THAT AND I AM LOOKING AT THE
OPPOSITION I THINK IT'S BECAUSE
THEY WERE EXTREMELY HAPPY THAT
YOU DID MAKE SOME AMENDMENTS.
AND SO I THINK THEY'RE WILLING
TO WORK WITH YOU AND SO -- TWO
CHAIRS RAKING IN A NO.
WELL HOPEFULLY THAT WE CAN
HOPEFULLY GET TO A RESOLUTION
LATER ON WE CAN.
PROBABLY MOVE IN SECOND ON AB
TWELVE EIGHTY THE MOTION IS TO
PASS TO THE APPROPRIATIONS
COMMITTEE JONES SAWYER.
JONES SAWYER NO LACKEY
[inaudible]
BARRICADE HAN [inaudible]
DEEP [inaudible]
KAMLAGER-DOVE.
QUIRK.
QUIRK NO SANTIAGO.
SANTIAGO NO WICKS.
WICKS NOW.
THAT MEASURE FAILED.
ARE YOU ASKING FOR ME I HAVE A
RECONSIDER -- NOTICE OF
RECONSIDERATION YES WITHOUT X.
[inaudible]
WELL.
THANK YOU WELL HAVEN'T WE HAVE
TO WAIT FOR QUORUM IT SHOULD GET.
THANK YOU VERY MUCH [inaudible]
NOW.
YES WILL ANNOUNCE IT WHEN WE GET
A QUORUM ON RECONSIDERATION.
NOW AB [inaudible]
NINE TWO EIGHT AT MISTER CHAIR
AND MEMBERS.
AB NINE TWENTY EIGHT PROTECTS
CHILDREN BY ALLOWING LAW
ENFORCEMENT TO QUICKLY OBTAIN
BASIC ACCOUNT INFORMATION FROM
ISPS.
IN CASES OF CHILD **** AND CHILD
SEX TRAFFICKING.
IN THESE CASES LOCAL LAW
ENFORCEMENT CAN RECEIVE AN I. P.
ADDRESS LINK TO INSTANCES.
OF CHILD **** AND CHILD SEX
TRAFFICKING FROM A
CONGRESSIONALLY ESTABLISHED AND
U. S. DOJ FUNDED CLEARING HOUSE.
THE NATIONAL CENTER OF MISSING
AND EXPLOITED CHILDREN.
OTHERWISE KNOWN AS NECK MAC. TO
BEGIN INVESTIGATING THE IP
ADDRESS RIGHT NOW LAW
ENFORCEMENT MUST SUBMIT TO
SEARCH WARRANTS THE FIRST ONE IS
TO OBTAIN BASIC ACCOUNT
INFORMATION LIKE SOMEONE'S NAME
ADDRESS TELEPHONE NUMBER AND
EMAIL ADDRESS.
THE SECOND ONE IS USED FOR
SITUATIONS THAT MOST OF US ARE
MORE FAMILIAR WITH.
THAT IS TO SEARCH A PERSON PLACE
SUCH AS A HOME OR THINGS SUCH AS
A COMPUTER.
AB NINE TWENTY EIGHT WILL
MAINTAIN THE SECOND WARRANT
REQUIREMENT IN ORDER TO SEARCH A
PERSON PLACE OR THING BUT CHANGE
THE FIRST TO AN ADMINISTRATIVE
SUBPOENA.
THIS CHANGE WILL ALLOW LOCAL LAW
ENFORCEMENT TO QUICKLY OBTAIN A
SUSPECT'S BASIC ACCOUNT
INFORMATION BEFORE THE SUSPECTS
CHANGE THEIR IP ADDRESSES WHICH
CAN BE DONE IN A MATTER OF
MINUTES.
BECAUSE 5285% OF PEOPLE WHO
VIEWED CHILD **** ALSO ABUSE A
CHILD IN THEIR LIVES THIS BILL
CAN PREVENT REAL TANGIBLE HARM
TO CHILDREN.
BY ALLOWING LOCAL LAW
ENFORCEMENT THE SAME
ADMINISTRATIVE SUBPOENA
AUTHORITY THAT ALREADY EXIST AND
FEDERAL LAW AND IN THREE STATES
AB NINE TWENTY EIGHT WILL
ULTIMATELY SAVE AND PROTECT
CHILDREN'S LIVES.
MY WITNESSES ARE HERE WITH ME
TODAY AND I WILL ALLOW THEM TO
SELF INTRODUCE [inaudible]
THANK YOU.
GOOD MORNING MY NAME IS
CHRISTINE MAGALY I'M A SERGEANT
WITH THE CONCORD POLICE
DEPARTMENT. FOR OVER TWENTY
YEARS I CURRENTLY SUPERVISOR
SPECIAL VICTIMS UNIT.
AND DEAL SPECIFICALLY WITH THIS
TOPIC ON A DAILY BASIS.
I THINK IT'S IMPORTANT TODAY
THAT YOU UNDERSTAND I'M HERE TO
TESTIFY IN STRONG SUPPORT OF AB.
NINE TWENTY EIGHT A BILL THAT
WOULD EASE THE BURDEN OF LOCAL
LAW ENFORCEMENT. TO CONDUCT
THOROUGH [inaudible]
INVESTIGATIONS [inaudible]
DURING.
ALLEGATIONS OF CHILD ABUSE
WHETHER IT BE SEXUAL
EXPLOITATION CHILD SEX
TRAFFICKING.
OR IN A SIMPLE FORM OF
POSSESSION OF CHILD **** AS
ASSEMBLY MEMBER -- ADDRESSED
THERE IS.
TESTIFIED TRUTH THAT
[inaudible]
RECIDIVISM.
IS ONE OF THE HIGHEST. FOR SEX
OFFENDERS.
AS WELL AS THE IMPORTANCE OF PRE
EXISTING LAW THAT WE'RE
CONSISTENT WITH WHAT EVERYBODY
ELSE IS DOING.
IT'S IMPORTANT -- THAT I EXPLAIN
A CYBER TIP PROCESS HOW DO WE
WHERE DOES THAT COME FROM WHAT
DOES IT MEAN A WHAT WE D WITH
THE NFORMATION -- IN.
TWENTY SIXTEEN NECK MAC THE
NATIONAL CENTER FOR EXPLOITED
AND MISSING CHILDREN THEY ARE
OUR FEDERAL CLEARING HOUSE THAT
IS RESPONSIBLE FOR COLLECTING.
ALL [inaudible]
INFORMATION [inaudible]
AND KEEPING STATS AND DATABASES
ON CHILD EXPLOITATION.
CHILD SEX TRAFFICKING CHILD
ABUSE AND MISSING AND ABDUCTED
CHILDREN.
SO THE FIRST POINT IN THE WORK
FLOW PROCESS SB CYBER TIP IN
WHICH ESSENTIALLY.
AT THE LAST POINT GOES TO YOUR
LOCAL LAW ENFORCEMENT ITS FIRST
REPORTED TO NECK MAC.
NECK NECK HOUSE ITS OWN INTERNAL
ABILITY TO DO SOME BASIC
INVESTIGATION AND THEIR JOB IS
TWO FOLD.
NUMBER -- ONE TWO EVALUATE THE
INFORMATION AND INCLUDED IN
THEIR DATABASE AND STATISTICS
AND THEN NUMBER TWO TO DETERMINE
THE CORRECT SURE SUBJECTION OF
WHO HAS AUTHORITY. TO
INVESTIGATE AND ULTIMATELY
CHARGE ANY SUSPECT WHOSE -- BEEN
DETERMINED TO BE A CRIMINAL
SPECIFICALLY FOR THOSE SEX
CRIMES AGAINST CHILDREN.
THAT INFORMATION GOES FROM NECK
MAC. TO THE STATE'S TASK FORCE
THAT NECK NECK DETERMINES WHERE.
A WHERE THE JURISDICTION IS SO
FOR INSTANCE [inaudible]
MICROSOFT MAY.
REPORT A TIP TO NECK MAC THAT
SAYS.
THIS ACCOUNT USER OF OURS WE
HAVE DETERMINED THERE'S POSSIBLE
CHILD **** ON THEIR EMAIL THAT
THEIR TRADING IT OR AND OR
SHARING IT.
BY FEDERAL STATUTE.
MICROSOFT HAVE JUST REPORTED TO
NECK NECK NECK MICHAEL ANALYZE
IT HAD IT DOWN TO THE STATE'S.
INTERNET CRIMES TASK FORCE THE
TASK FORCE WILL THEN EVALUATE
THE JURISDICTION THE LEVEL OF
POTENTIAL CRIME THE PRIORITY I
II IS THEIR CHILD IN IMMEDIATE
DANGER.
OR IS IT IS THERE NO EVIDENCE OF
THAT AND WE DID ITWILL BAN
REQUIRE ADDITIONAL --
INVESTIGATION BUT LOCAL EXCUSE
ME THAT THE STATE TASK FORCE
WILL THEN ASSIGN IT TO THE LOCAL
JURISDICTIONS.
BASED ON THAT I. S. P.
INFORMATION.
THAT IN ITSELF.
TYPICALLY NECK MAKE.
GOAL IS TO MAKE THAT INFORMATION
DOWN TO THE LOCAL LAW
ENFORCEMENT WITHIN SEVEN TO TEN
BUSINESS DAYS.
NOT NOT A WHOLE LOT OF TIME. FOR
US TO THEN FOLLOW THROUGH WITH
TODAY'S TECHNOLOGY THOSE I. S.
P. ADDRESSES CAN BE CHANGED
WITHIN HOURS.
THE CURRENT SEARCH WARRANT
PROCESS OFTEN REQUIRES AND TAKES
SIX TO EIGHT WEEKS.
ON AVERAGE AND THAT'S BEING VERY
CONSERVATIVE FOR US AT A LOCAL
LAW ENFORCEMENT LEVEL. TO OBTAIN
JUST BASIC ACCOUNT INFORMATION.
SO ALTHOUGH WE UNDERSTAND THAT
THE FOURTH AMENDMENT ISSUE AND
THE NEED.
THAT CALIFORNIA HAS SPECIFICALLY
SAID WE WANT MORE THAN JUST A
FOURTH AMENDMENT PROTECTION WE
WERE.
AT HENCE THE CREATION OF CAL
AQABA.
THE ISSUE IS WITH HOW ACT BUT
AND THIS WHOLE INVESTIGATIVE
PROCESS.
IS.
BASIC ACCOUNT INFORMATION IS
CONSIDERED.
BASED ON REASONABLE SUSPICION.
THE ENTIRE CAL F. BUT AND
CURRENT SEARCH WARRANT PROCESS
IS BASED ON PROBABLE CAUSE.
THOSE ARE NOT APPLES AND APPLES
THOSE ARE APPLES AND ORANGES AND
I THINK IT'S IMPORTANT THAT YOU
UNDERSTAND.
THE VERY FIRST STEPS.
OF INVESTIGATION TO THE CYBER
TIPS.
IS NOT INTRUSIVE.
IT'S COLLECTING BASIC
INFORMATION AND THE STATE OF
CALIFORNIA HAVE GIVENLOCAL LAW
ENFORCEMENT OFFICERS.
THE AUTHORITY TO CONDUCT BASIC
INVESTIGATIONS TO DEVELOP THEN A
PROBABLE CAUSE BASED ON
REASONABLE SUSPICION AND THE
FACT THAT WE GO THROUGH DURING
THE TYPICAL INVESTIGATION.
SO FOR INSTANCE [inaudible]
IF.
I WAS PATROLLING A STREET.
A SOMEONE WALKS ACROSS TO CLOCK
IN MORNING CARRYING A BIG TV.
YOU HAVE SAID.
IT'S MY A RESPONSIBILITY TO STOP
AND TALK TO THAT PERSON THAT IS
REASONABLE SUSPICION.
THAT IS HOW.
LOW ON THE TOTEM POLE INVASIVE
FOURTH AMENDMENT.
ISSUE IS AT THE SUBPOENA PROCESS
THAT WE'RE ASKING FOR MEETS THAT
LEVEL IT'S A VERY LOW WE
ABSOLUTELY WANT TO PROTECT OUR
CITIZENS.
AND WE ABIDE BY CAL EXPO.
BUT THIS IS WAY BELOW THOSE
PROBABLE CAUSE STANDARDS
[inaudible]
THANK YOU.
GOOD MORNING MY NAME IS JEFF
GORDON A DEPUTY DISTRICT
ATTORNEY FROM SAN DIEGO AND HERE
ARE PRESENTING THE ELECTED
SUMMER STAFF AND IN SUPPORT OF
THIS BILL -- I'VE BEEN A
PROSECUTOR FOR TWENTY EIGHT
YEARS AND HELPED START THE SANDY --
I CáC -- WHICH PROTECTS
CHILDREN THERE SIXTY ONE SETS
TASK FORCES AND WHAT THE
SERGEANT EXPLAINS IS TRUE SEEN A
MAN WALK ACROSS THE STREET WITH
A TV.
EVER ONE ONE A POLICE OFFICER TO
STOP THE MAN WALKING WITH A TV
AT TWO O'CLOCK IN THE MORNING
BECAUSE THAT IS REASONABLE
SUSPICION.
DOES THAT OFFICER AT THAT POINT
BELIEVE.
THAT A CRIME HAS BEEN COMMITTED
IS BEING COMMITTED OR WILL BE
COMMITTED AND THAT'S THE LEVEL
OF REASONABLE SUSPICION WE ALL
WANT THAT POLICE OFFICER TO STOP
THAT PERSON CARRYING THE TV.
THERE MAY BE AN INNOCENT THING
I'M MOVING OUT OF MY APARTMENT I
GOT TO BE OUT BY SIX O'CLOCK IN
THE MORNING IT'S MY TV THERE'S
MY CAR OKAY.
INVESTIGATION DONE BUT IF HE'S
GOT A NOT AS GOOD ANSWER THEN
THE OFFICER AT REASONABLE
SUSPICION HAS THE ABILITY TO
DETAIN THE PERSON AND DETERMINE
WHETHER OR NOT IT RISES TO THE
THE OFFICER IN HER MIND.
HAVE PROBABLE CAUSE TO BELIEVE
THAT THERE HAS BEEN A CRIME
COMMITTED TO THE LEVEL THAT SHE
CAN NOW ARREST HIM.
WHERE'D YOU GET THE TV I DON'T
KNOW WHERE'S THE BOX FOR THE TV
I DON'T KNOW WHERE TO GET THE TV
MY FRIEND.
THAT PERSON'S GOING TO BE NOW
DETAINED AND ARRESTED FOR
POSSESSION OF STOLEN PROPERTY
MOST LIKELY.
WHAT I'M HERE TO HELP EXPLAIN TO
THE COMMITTEE IS THAT FROM
READING THIS BELL AND WHEN I
LOOK THROUGH THIS THIS WILL HELP
CHILDREN IN CALIFORNIA?
THERE'S THREE STATES THAT DO
THIS AND THE FEDERAL GOVERNMENT
ALREADY DOES IT IN FACT.
THERE WAS A CASE IN TWENTY
TWELVE THAT THE FEDERAL
GOVERNMENT -- DEFENDANT WAS --
IT WAS THE CASE OF US VERSES
GOLDEN ELECTRIC AND THE D. E. A..
ISSUED AN ADMIN SUBPOENA FOR
INFORMATION AND THE DEFENDANT
WHO IS CHARGED IN THE CASE SAID
WHOA THAT'S A VIOLATION OF THE
FOURTH AMENDMENT WENT UP THE
NINTH CIRCUIT COURT OF APPEALS
SAID NO THAT IS NOT A VIOLATION.
BECAUSE YOU'VE GIVEN OVER THAT
INFORMATION ITS THIRD PARTY
PROPERTY RIGHTS IN THE SENSE OF
IN THIS CASE WHAT WE WOULD LIKE
THIS BILL TO DO IS LOWERED THE
STANDARD IN THE SENSE THAT IT
RIGHT NOW IS PROBABLE CAUSE.
BUT WE'RE STARTING OUT THE
INVESTIGATION IT'S LIKE IN THE
OLD DAYS.
AND SOME OF YOU WILL KNOW AND
SOME OF YOU ARE TOO YOUNG TO
KNOW YOU COULD PICK UP THE PHONE
AND SAY HEY -- WHAT IS THE PHONE
NUMBER OF JIM JACKSON AND THEY
WOULD GIVE YOU THE PHONE NUMBER
THAT'S ALL WE'RE ASKING IS IF A
POLICE OFFICER GETS INFORMATION
FROM THE NATIONAL CENTER FOR
MISSING EXPLOITED CHILDREN?
THERE IS AN EMAIL WITH SUSPECTED
CHILD ****.
THAT GOES TO AN I. CáC
SOMEWHERE IN SAN DIEGO SAN JOSE
SOMEWHERE AND THEY START.
THE INVESTIGATION AND ISSUE A
SUBPOENA TO VERIZON WE HAVE THIS
EMAIL ADDRESS WE HAVE THIS
POTENTIAL CRIME WE'D LIKE TO
KNOW WHO IS ATTACHED TO THIS
EMAIL ADDRESS.
MANY OF THOSE STEPS.
START WITH JUSTIN EMAIL ADDRESS
WE'RE NOT ASKING FOR CONTENT
THAT REQUIRES A SEARCH WARRANT
THAT REQUIRES PROBABLE CAUSE
WE'RE ASKING FOR NO CONTENT ALL
WE'RE ASKING FOR IS FOR NAME
ADDRESS AND YOU SAW THE LIST OF
SEVEN THINGS THAT WE REQUESTED.
IN FACT THE ANALYSIS WAS
EXCELLENT IN THAT PART BECAUSE
SAYS NOT TO DISCLOSE ANY OF THE
OTHER INFORMATION THAT'S
PROTECTED UNDER THE FOURTH
AMENDMENT.
SO WHAT I'D LIKE TO MAKE SURE
THAT THE COMMITTEE KNOWS AND
UNDERSTANDS IS THAT AS A CHILD
SEX CRIMES PROSECUTOR.
I WANT TO GIVE THE POLICE
OFFICERS THE ABILITY TO WORK ON
THEIR CASES IN THE BEST WAY
POSSIBLE I'M NOT INVOLVED.
AND WHAT I WANT TO DO IS BE ABLE
TO HELP THE COMMITTEE WITH ANY
QUESTIONS THAT YOU HAVE AS FAR
AS HOW THIS WILL HELP SUPPORT.
THE INVESTIGATIONS OF CHILD
SEXUAL ABUSE OKAY THANK YOU ANY
OTHER WITNESSES IN SUPPORT.
THANK YOU THANK YOU MISTER CHAIR
DON KHAKI ON BEHALF OF CRIME
VICTIMS UNITED OF CALIFORNIANS
STRONG SUPPORT [inaudible]
YES. TWENTY MISTER CHAIR MEMBERS
WHO SHALL MUCH FAR BEYOND THE
CALIFORNIA STATE SHERIFFS
ASSOCIATION SUPPORT THANK YOU.
ANYONE ELSE IN SUPPORT.
ANYONE IN OPPOSITION
[inaudible]
WE HAVE.
PEOPLE COMING FISCAL
.
GOOD MORNING MISTER CHAIR
NUMBERS KATHY SURE FOR THE ACLU
OF CALIFORNIA.
AB NINE TWENTY EIGHT WOULD GIVE
LAW ENFORCEMENT THE POWER TO GET
AN INTERNET USERS ACCOUNT
INFORMATION UPON REASONABLE
CAUSE TO BELIEVE THAT THE
ACCOUNT HAS BEEN USED IN THE
EXPLOITATION OF A CHILD.
THE LAW ENFORCEMENT SEEKING
AGENCY SEEKING THE INFORMATION
WOULD MAKE THE DETERMINATION OF
WHAT CONSTITUTES REASONABLE COST.
AND ALSO OF WHAT IS INCLUDED IN
EXPLOITATION OF A CHILD WHICH IS
NOT DEFINED IN THE BILL.
THERE WOULD BE NO COURT
OVERSIGHT AS TO WHETHER THERE
WAS SUFFICIENT BECAUSE EVEN THE
UNDEFINED REASONABLE BECAUSE
REQUIRED UNDER THE LANGUAGE OF
THE BILL TO LINK THE ACCOUNT OR
ACCOUNTS IN QUESTION TO THE
ALLEGED EXPLOITATION.
THERE WOULD BE NO COURT COURT
OVERSIGHT TO LIMIT THE
INFORMATION THAT COULD BE
DEMANDED.
AND THERE WOULD BE NO
REQUIREMENT THAT THE TARGET OF
THE INVESTIGATION EVER BE
NOTIFIED OR THAT INFORMATION
INAPPROPRIATELY OBTAINED BE
SEALED OR DELETED.
AS REQUIRED FOR A SEARCH OF
ELECTRONIC INFORMATION UNDER CAL
ACT.
ALL OF THIS IS SIMPLY
UNNECESSARY MODERN PROCEDURES
ALLOW LAW ENFORCEMENT TO GET
WARRANTS BY PHONE AND TO SEND
AND RECEIVE NEEDED DOCUMENTS BY
EMAIL WITH MINIMAL DELAY.
THIS BILL ISN'T JUST ABOUT LOT
ALLOWING LAW ENFORCEMENT TO GET
INFORMATION WITHOUT COMPLYING
WITH CAL ACT.
IT TENDS TO GET AROUND THE
FOURTH AMENDMENT ENTIRELY
ALLOWING INFORMATION TO BE
DEMANDED FROM INTERNET SERVICE
PROVIDERS WITHOUT COURT
OVERSIGHT.
CALIFORNIA HAS BEEN A LEADER IN
PROTECTING THE PRIVACY RIGHTS OF
ITS RESIDENTS IT SHOULD NOT TAKE
THIS HUGE STEP AWAY FROM THOSE
PROTECTIONS.
WE RESPECTFULLY ASK FOR YOUR
NOBLE [inaudible]
THANK YOU.
MARGOT GEORGE FOR THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION WE
ALSO OPPOSE THE BILL I
APPRECIATE CONVERSATIONS I HAD
WITH THE AUTHOR STAFF.
ABOUT THE BILL.
AND I WANT TO ECHO THE COMMENTS
THAT MEASURE IS MADE FROM THE
ACLU -- THIS BILL IS NOT
NECESSARY -- IN AN EMERGENCY CAL
UP A ALREADY PERMITS A WAR IT'S
LESS ACCESSIBLE LIKE TRONIC
DEVICE INFORMATION BY MEANS OF
EITHER PHYSICAL INTERACTION OR
ELECTRONIC COMMUNICATION WITH
THE DEVICE.
IN INVOLVING DANGER OF OF DEATH
OR SERIOUS PHYSICAL INJURY.
UNDER PENAL CODE SECTION FIFTEEN
FORTY SIX POINT ONE SUBDIVISION
C..
SIX IN CASE YOU WANT THE SITE --
BUT EVEN IN THE SITUATION THAT
THEY'RE SAYING IF THEY HAVE
PROBABLE CAUSE THEY CAN GET MORE.
AND ASTHMA YEAR SAID A YOU JUST
CALL UP.
AND THE MAGISTRATE SWEAR SHOOT
YOU.
AN USE RECITE THE FACTS THAT YOU
BELIEVE GIVE YOU PROBLEM.
WHAT THEY'RE ASKING FOR AND
THEY'VE BEEN CANDID ABOUT IT IS
THIS MUCH LOWER STANDARD OF --
REASONABLE SUSPICION THEY'RE
CALLING IT REASONABLE CAUSE
WHICH IS WHAT IT'S CALLED IN A
LOT OF FEDERAL LITIGATION BUT IT
THAT IS THE MERE.
YOU KNOW THE STANDARD JUSTICE
DETAIN SOMEONE BRIEFLY HERE
THEY'RE TRYING TO GO INTO YOUR
COMPUTER SYSTEM.
AND YOU SO WHAT I WANT TO SAY IS
THAT THIS BILL AB NINE TWENTY
EIGHT IS A SLIPPERY SLOPE --
THEY'RE ASKING THAT YOU.
CALIFORNIANS PRIVACY GIVE WAY TO
THE NEEDS OF SUCH CHILD SEXUAL
EXPLOITATION INVESTIGATIONS --
NEXT YEAR IT WILL BE ADULT HUMAN
TRAFFICKING THEN IT WILL BE THE
GANGS THEN IT WILL BE GUN
PURCHASERS.
FINALLY IF YOU MAKE ALL THESE
LOOPHOLES ALL THESE EXCEPTIONS
THERE IS NO -- CALIFORNIA
ELECTRONIC COMMUNICATIONS
PRIVACY ACT.
AND WE RESPECTFULLY ASK FOR YOUR
NO VOTE.
THANK YOU.
ARE THERE ANY OTHER WITNESSES IN
OPPOSITION.
CHAD INJURES WITH THE CALIFORNIA
CIVIL LIBERTIES ADVOCACY
OPPOSITION.
THANK YOU.
IT'S NOT YOUR HERNANDEZ -- HAVE
THE CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE IN OPPOSITION
THANK YOU.
ANY OTHER WITNESSES IN
OPPOSITION ANY QUESTIONS FROM
COMMITTEE MEMBERS [inaudible]
S..
BAUER-KAHAN THANK YOU MISTER
CHAIR -- SO.
I WOULD LIKE YOU TO HELP EDUCATE
ME ABOUT WHAT IT MEANS TO BE
ISSUED AN ADMINISTRATIVE
SUBPOENA I HAVEN'T HEARD
ANYTHING FROM.
YOU OR IF YOU'RE EXPERT TWENTY
SPEAK TO IT ON WHAT THAT LOOKS
LIKE AND WHAT THAT REQUIRES.
IF I MAY DIFFER TO MY WITNESS ON
THAT.
CHAIR.
WITH.
THE ADMINISTRATIVE SUBPOENA ON
THE FEDERAL LEVEL AS A ONE PAGE
SHEET FROM THE POLICE DEPARTMENT
TO THE I. S. P. R. E. S. P.
INTERNET SERVICE PROVIDER LET'S
SAY IT'S VERIZON.
CONCORD POLICE THEY RIGHT OUT
GET AN AUTHORIZATION FROM THE
DETECTIVE AND FROM SOMEONE
HIGHER UP -- THEY CAN'T DO THIS
AT THIS POINT SO IT HAS TO BE A
FEDERAL ADMINISTRATIVE SUBPOENA
THERE IS NO SUCH THING AS A
STATE ADMINISTRATIVE SUBPOENA AT
THIS POINT AND THAT'S WHAT WE'RE
TRYING.
TO CREATE TO MIRROR THE FEDERAL
ADMINISTRATIVE SUBPOENA IF
CONCORD PD WANTED TO DO IT TODAY
THEY WOULD GO OVER TO HOMELAND
SECURITY OR FBI THEY WOULD SWEAR
OUT AN ADMIN SUBPOENA.
THAT THERE IS REASONABLE
SUSPICION THAT THERE HAS BEEN
CHILD EXPLOITATION SEND IT TO
VERIZON VERIZON WOULD THEN GET
THAT INFORMATION AND THEN RETURN
THAT WITHIN.
A FEW WEEKS TO GIVE THEM THE
SUBSCRIBER INFORMATION THAT THE
LOWER LEVEL THE SUBSCRIBER
INFORMATION OF THE SUSPECT.
THIS IS THE FIRST OF ITS KIND.
AS I UNDERSTAND IT IN CALIFORNIA
STATE LAW.
YOU KNOW FEDERAL OUT BUT WE
DON'T HAVE ANY LAW WE DO NOT
HAVE THIS LOCK CURRENTLY IT'S IF
WE WERE TO DO IT THE MERE THE
PARALLEL WOULD BE A FEDERAL
ADMINISTRATIVE SUBPOENA.
KOTLI CAL ACT BUT SAYS WE HAVE
TO DO A BY A SEARCH WARRANT
RIGHT WHICH MEANS WE HAVE TO
HAVE PROBABLE CAUSE AND
SOMETIMES WE DON'T HAVE PROBABLE
CAUSE WE NEED TO START WITH WE
HAVE AN EMAIL ADDRESS.
SO WE DON'T KNOW IF A CRIME IS
BEING COMMITTED YET -- FIRST OF
ALL I WANT TO SAY TO THE
PROPONENTS OF THIS BILL IF IT IS
TAKING SIX TO EIGHT WEEKS TO GET
A SUBPOENA WHEN SOMEBODY'S LIFE
THE NATURE I HOPE YOU BRING US
BILLS THAT WILL ADDRESS THAT AS
WELL BECAUSE THIS ISN'T THE ONLY
SITUATION WHERE THAT'S A PUBLIC.
SAFETY ISSUE -- ON TO DEFEND
THAT PART OF IT THE EMERGENCY
PART WE DO GET RESPONSE IN THE
PHONE CAN BE PAYING THAN AN
EMERGENCY SITUATION WHERE A
CHILD HAS BEEN KIDNAPPED WE GET
RISE IN IN THE VARIOUS COMPANIES
WILL IMMEDIATELY RESPOND OKAY.
SO THAT IS NOT RIGHT THAT'S NOT
SIX WEEKS IT'S EITHER A MEDIA.
DANGER WHICH IS RIGHT NOW
THEY'LL THEY'LL DO IT --
SUBPOENAS TAKE WEEKS TO COME
BACK AND SO -- SEARCH WARRANTS
TAKE.
OUT TWO MONTHS TO COME BACK SIX
DAY WEEKS OKAY I'M SO.
NOW KNOWING THAT THIS IS THE
FIRST OF ITS KIND IN CALIFORNIA
READING THIS LAW IT'S NOT CLEAR
TO ME.
THAT.
THIS LAW SETS FORTH MUCH IF ANY
PROCEDURE AS TO WHAT IT WOULD
MEAN I ASSUME THERE WAS LOT
ELSEWHERE THAT WOULD SET OUT
WHAT THIS ADMINISTRATIVE
SUBPOENA PROCESS LOOK LIKE.
WHO WOULD HAVE TO SIGN IT WHAT
THE BURDEN WAS BUT?
KNOWING NOW THAT THERE ISN'T ANY
THIS LOSS SEEMS.
MY EBAY IN THAT REGARDS SEEING
AS I MEAN THE ONLY PARAGRAPH I
SEE IS THE OPENING PARAGRAPH
LEAVE.
YOU KNOW THEY'LL ISSUE IN
WRITING BECAUSE TO BE SERVED IN
A MAYOR STRATUS SUBPOENA AND
THEN WHAT CAN BE ASKED.
FOR SO I'M JUST WONDERING.
WHAT IF YOU'RE WANTING A
RESPONSE YES OKAY THANK YOU SO
WE WERE USING ANOTHER STATES --
KINDA TEMPLATE OKAY FOR THIS IN
PARTICULAR WYOMING -- HOWEVER IN
OUR OWN DISCUSSIONS AS WELL AS
DISCUSSIONS WITH OPPOSITION --
WE HAVE MADE COMMITMENTS TO
MAKING SURE THAT WE DO HAVE.
A SYSTEM OF CHECKS AND BALANCES
SO THAT YOU DON'T HAVE A FIRST
YEAR INVESTIGATOR RUNNING OUT
INTO AN ADMINISTRATIVE SUBPOENA
THAT THAT FIRST THAT -- THAT
INDIVIDUAL -- WITHOUT THAT
EXPERIENCE WOULD HAVE -- TO GET
THE SIGNATURE OF A COMMANDER IF
I UNDERSTAND CORRECTLY AS WELL
AS USING THE SYSTEMS THAT ARE
SET UP ON A FEDERAL LEVEL NECK
NECK AND CAL.
I CAN'T STAY AT THIS POINT IT
REQUIRES THE FAITH F. B. I.
OFFICER IN HIS A SACK HIS
ASSISTANT -- AREA COMMANDER TO
SIGN OFF ON THAT SO IT'S NOT
JUST.
A YOU KNOW A ONE SIGNATURE THING
IT DOES REQUIRE REASONABLE
SUSPICION OF A CRIME AND TWO
SIGNATURES BOTH THE DETECTIVE
AND THE THE NEXT LEVEL UP HIS OR
HER COMMANDER.
SO THAT WOULD BE SOMETHING THAT
WE WOULD CONTINUE TO WORK ON
WITH OPPOSITION AS WELL TO MAKE
SURE WE CLARIFIED THE THE
LANGUAGE OF THE BILL SO THAT
THERE WAS A VERY CLEAR PATHWAY --
TO AN ADMINISTRATIVE SUBPOENA.
THANK YOU.
OKAY THANK YOU [inaudible]
ACTIONS DURING.
YOU MAY CLOSE WAS GRAYSON.
MISTER CHAIR MEMBERS I DO HAVE A
FEW CLOSING STATEMENTS WE LIVE
IN A TIME OF STRONG FOURTH
AMENDMENT PROTECTIONS.
AND THAT'S ACTUALLY A VERY GOOD
THING.
AS WE LEARN HOW TO NAVIGATE
PRIVACY CONCERNS IN THE INTERNET
AGE.
I THINK OUR APPROACH SHOULD BE
VERY CAUTIOUS.
ONE BUT THE CONVERSATIONSWE
HAVE HAD WITH THOSE WHO HAVE
ANALYZE THIS BILL HAVE FOCUSED
SO WITH THE SOLELY ON PRIVACY
PROTECTIONS AND NOT ON THE HARM
OUR CURRENT LAW ALLOWS.
AGAINST ONE OF OUR MOST
VULNERABLE POPULATIONS AND
THAT'S OUR CHILDREN.
ADDITIONALLY IT IS WIDELY
RECOGNIZED IN THE LEGAL SYSTEM
THAT THE JOB OF THE LEGISLATURE
IS TO WORK ON TOUGH AND EMERGING
ISSUES ESPECIALLY IN TECHNOLOGY.
THAT'S WHY WE ARE DOING THAT'S
WHAT WE ARE DOING WITH AB.
NINE TWENTY EIGHT IF YOU THINK
THAT PROTECTING CHILDREN FROM
PHYSICAL HARM AND SEX
TRAFFICKING IS A PRIORITY.
THEN I ASK THAT YOU VOTE FOR
THIS BILL.
IF YOU THINK THAT THE
LEGISLATURE SHOULD HANDLE THESE
TOUGH AN EMERGING ISSUES.
THAT I ALSO ASK THAT YOU WOULD
VOTE FOR THIS BILL LET THIS
EXTREMELY IMPORTANT CONVERSATION
CONTINUE AND KNOW THAT WE ARE
HAPPY TO WORK WITH ANYONE.
WHO COMES TO US WITH ANY
CONCERNS THANK THANK YOU AND I
RESPECTFULLY ASK FOR AN AYE VOTE?
THANK YOU -- SO UP ON THEIR
RECOMMENDED NO.
AND AND I YOU KNOW.
AND I'M NOT CERTAIN.
THIS IS THE RIGHT VEHICLE TO GET
WHERE YOU WANT AND NEED I'VE.
LISTENED TO SOME MY COLLEAGUES
ABOUT.
YOU CAN GET A SUBPOENA YOU SEEM
LIKE YOU GET THIS STARTED.
BUT GETTING IT BACK FROM THE I.
S. P.'S WHERE SEEMS TO BE THE
PROBLEM THAT MAY BE MORE OF A
MAYBE NOT THIS COMMITTEE BUT OF
AN INTERNET.
TYPE OF THING AND WE PROBABLY
SHOULD WORK ON THAT ALTERNATE
BILL OF TO FIGURE THAT OUT. TO
SOMETIMES I TELL PEOPLE DON'T.
TALK TOO LONG WHAT MAKE
DESCRIPTIONS OF BECAUSE WHEN YOU.
YOU SAY SOMETHING ILL WILL.
TRIGGER SOMETHING SOMEONE SAID
THAT YOU DIDN'T MEAN FOR TO
TRIGGER SO WHEN YOU SAY.
I SEE SOMEONE WALKING ACROSS THE
STREET WITH A TELEVISION.
I HERE FIC AT BLACK MAN AFRICAN
AMERICAN WALKING ACROSS STREET
WITH A TELEVISION I GET.
TO CROSS EXAMINE THEM ARREST
DON'T CAUSE PROBABLE CAUSE IS OR
IF I LOOK BACK AT THE NUMBER OF
PEOPLE YOU ACTUALLY STOP IS
RACIAL PROFILING AND THEN ALL OF
US AND WE GO DOWN THE SLIPPERY
SLOPE OF NOT DEALING WITH.
PEOPLE WERE CHILD.
MOLESTERS ARE PROBLEMATIC PEOPLE
WERE DOING OTHER THINGS AND THAT.
WHERE MY MY ANGST IS AND HOW DO
YOU GET TO MAKE SURE AN S. THIS
IS WHAT I THINK THE OPPOSITION
IS HOW YOU GET TO MAKE SURE?
THAT THIS DOESN'T SLIDE INTO
SOMETHING ELSE THAT.
YOU REALLY DID WANT.
YOU ABSOLUTELY DIDN'T WANT TO
HAPPEN -- BUT NOW WE WE'VE
ALLOWED YOU TO GO INTO THAT
CYBERSPACE.
AND START TO GO AFTER
INDIVIDUALS BECAUSE YOU BELIEVE.
BUT MOST IMPORTANT YOU LEFT THE
CHECKS AND BALANCES OUT.
OF CHECKING WITH SOMEONE LIKE A
COURT -- JUDGE. TO KIND OF SAY.
I SEE WHAT YOU HAVE.
AND I'M GOING TO GIVE YOU A
SEARCH WARRANT.
AND THIS ADMINISTRATIVE
[inaudible]
PROCEDURES.
DATING IS IT'S SO SCARY TO ME
THAT WE JUST GIVE [inaudible]
CARTE BLANCHE. TO LAW
ENFORCEMENT WITHOUT ANY KIND OF
CHECKS AND BALANCES TO TO DO
ANYTHING AND UNFORTUNATELY
THAT'S WHY WE RECOMMEND A NO
VOTE AND WE REALLY SERIOUSLY
CONSIDER HOW TO GET THIS.
HOW YOU GET YOUR INFORMATION ON
HOW YOU GET ACCESS THOSE EYES
PEAS AND OTHERS THE VERIZON'S
WHOEVER YOU NEED TO GET? TO TO
GET IT.
FROM THEM FASTER BECAUSE THEY
SHOULDN'T TAKE [inaudible] THREE
WEEKS [inaudible] SIXTY EIGHT
WEEKS I'M GLAD TO HEAR YOU CAN
GET ON EMERGENCY BASIS THAT.
IS THEY GAVE ME SOME.
SOME RELIEF THAT YOU CAN GET
THAT -- BUT THE THE FOR TO TAKE
THAT LONG IS IS IN SOME WAYS IS
CRIMINAL MAYBE IT DOES BELONG
OVER HERE BUT WITH THAT I'M
RECOMMENDING A NO VOTE
[inaudible]
MR [inaudible]
WITHOUT [inaudible]
SEC.
AN EIGHTY NINE TWENTY EIGHT THE
MOTION IS TO PASTOR
APPROPRIATIONS JONES SAWYER.
JONES SAWYER NO LACKEY.
LACKEY NOT VOTING BAUER-KAHAN.
BAUER-KAHAN NOT VOTING DEEP.
KAMLAGER-DOVE HAVE QUIRK YEAH
QUIRK NO SANTIAGO.
WICKS.
WICKS NOW THAT MEASURE.
I'M SORRY THE MEASURE FAILED LOS
RECONSIDERATION PLEASE.
BY UNANIMOUS CONSENT.
THANK YOU SIR.
WE WILL GRANT RECONSIDERATION.
OKAY WE NOW HAVE A QUORUM FOR
TWELVE EIGHTY FOR
RECONSIDERATION THAT OBJECTIVE
WITHOUT OBJECTION.
SO BY UNANIMOUS CONSENT
[inaudible]
CARILLO.
ASSEMBLYMEMBER CARDIO UP NEXT.
AND I WANT YOU TO KNOW YOU HAVE.
YOU HAVE SUPPORT WOULD KNOW.
OF FORMAL OPPOSITION SO THEY
SHOULD GO FAIRLY QUICK.
I CAN'T REALLY COOL -- MAYBE YOU
CAN BE TO RECORD.
THE RECORD IS LESS THAN FIVE
MINUTES. ELEVEN EIGHTY SEVEN
EIGHT ALL RIGHT.
WHICH WOULD YOU LIKE TO START
WITH.
WHICH WOULD YOU LIKE AT WORST
WE'LL START OFF WITH.
ELEVEN EIGHTY TWO THAT'S OKAY.
ITEM NUMBER TEN TWENTY AB ELEVEN
EIGHTY TO BEGIN.
THANK YOU MISTER CHAIR AND
MEMBERS I'M HERE 2% ASSEMBLY
BILL.
ELEVEN EIGHTY TWO WHICH WILL
STRAIGHTEN AND EXPAND THE EARNED
THIS CHART PROCESS BY ALIGNING
DISCHARGE TERMS WITH EVIDENCE
BASED PRACTICES.
I WOULD LIKE TO START OFF BY
THINGS IN THERE AND THE THANK
YOU AND THE COMMITTEE STAFF FOR
THEIR WORK ON THIS BILL.
AB ELEVEN EIGHTY TWO AUTHORIZES
THE DISCHARGE OF PAROLEES WHO
SCORE EIGHT AS LOWER MODERATE
RISK FOR RECIDIVISM.
AFTER COMPLETING THE INITIAL ONE
HUNDRED AND EIGHTY DAYS OF
SUPERVISION BY A SUPERVISION
VIOLATION AND CARBON OUR CRIME
FREE. FOR CERTAIN ROWLY
POPULATIONS A CD THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION ON THE BOARD OF
PAROLE HEARINGS.
HAVE THE DISCRETION TO RETAIN
PAROLEES FOR GOOD CAUSE I'D LIKE
TO MAKE IT VERY VERY CLEAR.
THAT THIS BILL DOES NOT CHANGE
EXISTING LAW ON SEX OFFENDERS
AND LIFETIME PAROLEES.
ADDITIONALLY THIS BILL REQUIRES
INDIVIDUALS AND POST COMMUNITY
REALLY SUPERVISION P. R. C. S.
TO BE REVIEWED AND CONSIDERED
FOR EARLY DOES CHARGE IF THEY
ARE CONTINUOUSLY SUPERVISED. FOR
ONE HUNDRED AND EIGHTY DAYS
WITHOUT VIOLATIONS STUDIES
TRACKING PAROLE VIOLATION
VIOLATIONS TRENDS HAVE SHOWN
THAT A PAROLEES WHO REMAINS
VIOLATION AN OFFENSE FREE FOR
ONE HUNDRED AND EIGHTY DAYS OF
SUPERVISION.
ARE MUCH MORE LIKELY TO
SUCCESSFULLY RE INTEGRATE INTO
SOCIETY.
PRESENTLY THE DECISION TO
DISCHARGE A PAROLE YES PRIMARILY
DICTATE.
BY THEIR OFFENSE AND OPPOSED TO
THE BEST PRACTICES AS AN
INDIVIDUAL'S PUBLIC SAFETY RISK
SUPERVISION APPROACHES THAT
INCLUDE INCENTIVES LIKE THE
POSSIBILITY OF EARNED DISCHARGE.
HAVE BEEN SHOWN TO SIGNIFICANTLY
INCREASE THE LIKELIHOOD OF CRIME
FREE OUTCOMES.
AB ELEVEN EIGHTY TWO WILL
IMPROVE THE DISCHARGE PROCESS
AND ENHANCE PUBLIC SAFETY BY
REDUCING RECIDIVISM RATES AND
REDIRECTING SUPERVISION
RESOURCES TO THOSE PAROLEES WHO
POSE HIGHER PUBLIC SAFETY RISK.
DAY WITH ME HERE TO TESTIFY IS
WILL GONZALEZ WHO -- IS NOW WITH
HOMEBOY INDUSTRIES AND WE'LL
SHARE PERSONAL TESTIMONY AS WELL
AS THOMAS HOFFMAN.
THE FORMER DIRECTOR OF THE
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION
DIVISION OF ADULT PAROLE THE
OPERATIONS OR DA PEELED APPLE TO
TESTIFY ON BEHALF OF THIS BILL.
GOOD MORNING MY NAME'S TOM OFTEN
I COME TODAY TO THE BOARD WITH --
FORTY FOUR YEARS IN CALIFORNIA
PUBLIC SAFETY. THIRTY TWO OF IT
IN -- MUNICIPAL LAW ENFORCEMENT
LITTLE OVER TWENTY YEARS WITHIN
WOULD PD LITTLE OVER TEN YEARS
OF WAS SACRAMENTO OFFICER TO
CHIEF IN THAT PROCESS -- IN TWO
THOUSAND AND SIX LIFE CHANGING
EVENT OCCURRED NOT SO THE
SCHWARZENEGGER ADMINISTRATION
ASKED ME TO TAKE OVER A STATE
PAROLE -- I DID THAT.
I OPENING IN SO MANY WAYS IT'S
HARD TO DESCRIBE BUT AT LEAST OF
WHICH HAVING BEEN ON THE IMPORT
SIDE OF THE CRIMINAL JUSTICE
SYSTEM. FOR THIRTY YEARS AND NOT
OVERTLY CONTEMPLATING ALL THE
DOWNSTREAM IMPLICATIONS OF OF A
CARS RACE AND ALL THAT GOES WITH
IT.
ONCE THEY ASK YOU TO HEAD UP THE
OUTBOUND SIDE OF THE SYSTEM
PAROLE.
YOU CERTAINLY ARE A HAVE AN EYE
OPENING EXPERIENCE ABOUT THE
INEFFICIENCIES AND SOME OF THE
INEFFECTIVENESS.
OF THE SYSTEM OVERALL AND
CERTAINLY AS RELATES.
TO POST INCARCERATIONS
SUPERVISION AT PAROLE AND
PROBATION.
AND I DON'T WANT TO REPEAT WHAT
THE ASSEMBLY BOB PERSONS HAD TO
SAY BUT I ALSO I DO WANT. TO
POINT OUT THAT IS IMPORTANT
COMMITTED MEMBERS UNDERSTAND THE
LEGITIMACY OF A DESTROYED FROM
PAROLE SUPERVISION BASED ON
COMPLIANCE AN OFFENSE FREE
BEHAVIOR.
AND RECOGNIZING THE RELEVANCY OF
THE IMPORTANCE OF THE PERSON'S
BEHAVIOR IN THE CRITICAL INITIAL
HUNDRED EIGHTY DAYS IT ISN'T
JUST ANY HUNDRED EIGHTY DAYS IS.
THOSE FIRST SIX MONTHS WHEN THEY
COME OUT REALLY REALLY TELLING --
ARE BOTH ALREADY CODIFIED IN THE
PENAL CODE AT THREE THOUSAND ONE
FOR THE CORPORAL LEASE UNDER
DAPPLE CONTROL AND AT THREE FOUR
FIVE SIX FOR WHAT WE NOW CALL
THE POST RELEASE COMMUNITY
SUPERVISION POPULATION.
THEY BOTH ARE AUTHORIZED TO BE
DISCHARGED A HUNDRED EIGHTY DAYS --
IF THEY ARE COMPLYING IN THE
FIRST SIX MONTHS.
IT'S ALSO IMPORTANT UNDERSTAND
THAT THE CITY'S YOUR OFFICE OF
RESEARCH CURRENTLY CURRENT
PUBLISHED DATA DEFIES 48% OF THE
POPULATION BEHIND OUR GATES.
IS SUCKS SCORES AS LOW RISK
ANOTHER 24% AS MODERATE RISK.
IN A NUTSHELL OF WE'VE SUPERVISE
PEOPLE WHO ARE LOW LOW MODERATE
RISK WE TEND TO IMPROVE THE
LIKELIHOOD OR INCREASE THE
LIKELIHOOD THAT THEY'RE GOING TO
FAIL.
IT'S ANTI PRODUCTIVE AS A
GENERAL STATEMENT.
AND SO WHAT AB BUT EIGHT
ELIMINATE TO PROPOSES A IN A WE
ARE GOING TO MAKE OUR DISTORTS
DECISIONS BASED ON EVIDENCE AND
RISK ASSESSMENT NON ARBITRARILY
ASSIGNED.
TIME LINES WHICH IS CURRENTLY
THE CASE UNDER LAW USE USE OUR
BEHAVIOR A COUPLE YEARS IF
YOU'RE SIX SIX SEVEN WE LET YOU
GO.
WHAT DESTROYED YOU WITH NO
REGARD FOR HOW DANGERS THAT
PERSON MAY OR MAY NOT STILL BE
EVEN OLDER SERVE SOMETIME ON
PAROLE?
RISK ASSESSMENTS OF VIABLE
ADDITIONAL PIECE OF THE PUZZLE.
AB FIVE TO ELEVEN EIGHTY TWO OH
ALSO RECOGNIZES AND SUPPORTS THE
ZIP LEGITIMATE NEED IN THE
APPROPRIATE OF THE IMPORTANT
WISDOM OF THE AGES AND
SUPERVISORS WHO ARE RESPONSIBLE
FOR OVERSEEING THE PEARLY
POPULATION IN OUR STATE.
WHEN A DECISION TO RETAIN A
PAROLEES IS CONSTRAINED TO PLAY
IT?
HOWEVER THERE IS A CONCERN THAT
THE TERMS AND CONDITIONS OF
PAROLE CAN'T TO OFF TO BECOME A
PRESCRIPTION FOR PER UP FOR
FAILURE.
INSTEAD OF A ROAD MAP FOR
SUCCESS AS THEIR INTENDED TO BE.
WITH THESE THOUGHTS IN MIND AB
WILL ELIMINATE TO MAINTAINS ALSO
UNSUPERVISED DISCRETION WHILE
CONCURRENTLY REQUIRING THE
DECISION TO RETAIN.
AN OTHERWISE QUALIFIED FRAWLEY.
WITHIN THE CONFINES OF A NEW
MORE SPECIFIC MORE OBJECTIVE
DEFINITION OF GOOD COST.
AND FOR THESE AND OTHER REASONS
I STRONGLY SUPPORT -- AB ELEVEN
EIGHTY TWO THANK YOU.
THE USED UP A LOT OF YOUR TIME
SO YOU HAVE.
TO THANK YOU A MY NAME IS TO GO
GONZALEZ -- COME WITH HUMBLE
INDUSTRIES -- FIRST I WANT TO
SAY THAT I'M HUMBLED TO BE IN A
ROOM WHERE BIG DECISIONS ARE
MADE AND I KNOW THAT A LOT OF
THOSE DECISIONS ARE MADE.
OFF OF RESEARCH THAT INFECTION I
WANT TO THANK YOU GUYS FOR THIS
TIME -- I DID EIGHTEEN AND A
HALF YEARS IN PRISON I WAS I'VE
BEEN OUT FOR TEN MONTHS.
OF GOVERNOR BROWN COMMUTED MY
SENTENCE AND SINCE THEN.
I'VE BEEN HIRED AT HOME WE
INDUSTRIES OF ANA ANIMA UNDER A
GOVERNMENT RELATIONS.
AND I'VE HAD THE PRIVILEGE TO
NOT ONLY SIT WITH DINNERS WITH
GAVIN NEWSOM -- AND GOVERNOR
JERRY BROWN AND BE ABLE TO SPEAK
WITH STAFFERS ABOUT.
REAL ISSUES BUT MORE IMPORTANTLY
I'VE BEEN ABLE TO TRAVEL THE
UNITED STATES AND HAVE JOB
OFFERS IN NEW YORK CHICAGO TEXAS.
AND THE TRUTH OF THE MATTER IS
IS THAT NO MATTER HOW MUCH I'VE
APPRECIATED THE SERVICES THAT
PEROT HAS PROVIDED.
I ALSO HAVE.
COME TO A POINT WHERE I'VE
OUTGROWN THOSE SERVICES AND NOW
IF ANYTHING IT BECOMES MORE OF A
OF A OF A OF A NUISANCE NOT A
NUISANCE BUT OF A OF A OF AN
ILLUSION NO.
NEW STEP OR A LEASH HAS HOLDING
ME BACK.
ON AND I'M JUST HERE TO REALLY
EXPRESS THE FACT THAT AGAIN I
APPRECIATE ALL THE SERVICES THAT
HAVE BEEN GIVEN BUT I REALLY
HOPE THAT.
EVERYTHING IS BASED ON THE DATA
THAT'S COLLECTED TODAY AND NOT
ON OUTDATED DATA AND THE FRAME
OF THOUGHT OF YESTERDAY.
THANK YOU.
THANK YOU OR ANY OTHER WITNESSES
IN SUPPORT NAME AN ORGANIZATION.
MARGOT GEORGE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION IN SUPPORT.
THANK YOU.
JUST LIKE UNDER SOME OF
CALIFORNIANS FOR SAFETY AND JUST
AS THE SPONSOR AND STRONG
SUPPORT.
CAN YOU TEARS ON BEHALF OF THE
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE AND SUPPORT
[inaudible]
THANK YOU -- CARES WITH
DISABILITY RIGHTS CALIFORNIANS
SUPPORT.
THANK YOU.
GOOD MORNING DANIEL SANCHEZ WITH
THE CHIEF PROBATION OFFICERS OF
CALIFORNIA WE DON'T CURRENTLY
HAVE A POSITION BUT I DO WANT TO
THANK THE AUTHOR -- IN
CALIFORNIANS FOR SEEKING JUSTICE
FOR ENGAGING IN A EARLY
CONVERSATION WITH US -- WE'RE
WORKING WITH THEM RELATIVE TO
THE PIECES ON PIERCE YES WE LOOK
FOR TO THE CONVERSATION THANK
YOU.
GOOD MORNING COURTNEY HANSEN
WITH -- CALIFORNIA COALITION FOR
WOMEN PRISONERS AND SUPPORT
THANK YOU.
ORDER ANY WITNESSES IN
OPPOSITION.
ANY OPPOSITION.
OF MORNING MR CHAIRMAN MEMBERS
OF LAURIE MORE SOME BEHALF
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION -- WE ARE
REGRETFULLY OPPOSED AT THIS
POINT STILL TO TO THIS -- PIECE
OF LEGISLATION -- CURRENT LAW
ALREADY STRIKES A GOOD BALANCE
BETWEEN DISCHARGE FROM AND
RETENTION OF AN OFFENDER ON
SUPERVISION OF PAROLE THE MAY BE
RETAINED ON PAROLE.
PAST SIX MONTHS IF THERE IS GOOD
CAUSE AN OFFENDER.
ON P. R. C. S. MAY BE CONSIDERED
FOR JUST CHARGE AFTER SIX MONTHS
OF SUPERVISION.
AND IS REQUIRED TO BE DISCHARGED
FROM SUPERVISION AFTER ONE YEAR
IF THERE ARE NO VIOLATIONS THAT
RESULT IN A CUSTODIAL SANCTION.
PAROLE AGENTS PROBATION OFFICERS
AND SUPERVISING AGENCIES ARE IN
THE BEST POSITION TO KNOW
WHETHER AN OFFENDER SHOULD BE
RETAINED ON SUPERVISION.
REHABILITATION IS KEY IN
REDUCING RECIDIVISM AND HELPING
OFFENDERS TO LEAD PRODUCTIVE
LIVES AS WE HAVE DISCUSSED IN
THIS COMMITTEE THE RECENT
AUDITOR'S REPORT DID NOT PAINT A
VERY FLATTERING PORTRAIT OF THE
REHABILITATIVE WORK BEING DONE
RIGHT NOW IN THE CALIFORNIA
DEPARTMENT OF CORRECTIONS.
SHORTENING ALREADY SHORT
SUPERVISION PERIODS LESSONS AN
OFFENDER'S CHANCE OF SUCCESSFUL
REINTEGRATION INTO SOCIETY.
SUPERVISING AGENCIES MUST HAVE
THE ABILITY TO ASSESS EACH
OFFENDER INDIVIDUALLY AND
DETERMINE ON A CASE BY CASE
BASIS WHETHER AN OFFENDER NEEDS
TO BE REVIEWED.
NEEDS TO BE RETAINED ON
SUPERVISION FOR THESE REASONS WE
WOULD RESPECTFULLY ASK FOR A NO
VOTE [inaudible]
THANK YOU.
OTHER ANY OTHER WITNESSES IN
OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS.
THEN YOU MAKE CLOTHES IN A DRESS.
ANYTHING THT WAS SAID.
SURE.
THANK YOU MISTER CHAIR AND
MEMBERS AND THIS WELL TO THE
WITNESSES WHO ARE HERE BOTH IN
SUPPORT IN OPPOSITION WE HAVE
BEEN WORKING VERY HARD. TO MAKE
SURE THAT WE COME TO THE TABLE
TO A RESOLUTION AS TO WHAT'S
NEEDED FOR THE STATE OF
CALIFORNIA -- IN REGARDS TO SOME
OF THE OPPOSITION'S COMMENTS IN
FACT THE CDC ARE THE BORE PAROLE
HEARINGS STILL HAVE DISCRETION
THIS BILL DOES NOT CHANGE THAT.
WE WANT TO MAKE SURE WE DO IS
MAKE SURE THAT IN THE FIRST ONE
HUNDRED AND EIGHTY DAYS WHICH
ARE THE MOST IMPORTANT.
WHEN A PRO THE COMES OUT AND WE
INTEGRATE BACK INTO SOCIETY THAT
THEY ARE GIVING EVERY CHANCE AN
OPPORTUNITY TO MAKE SURE THAT WE
THEY ARE RE INTEGRATING IN A WAY
THAT?
FEASIBLE FOR THEM THAT'S
INSTRUCTIVE TO OUR COMMUNITY
THAT HELPS OUR COMMUNITY AND
PUBLIC SAFETY AND THAT REDUCES
CALIFORNIA'S RISK OF RECIDIVISM
WE ARE ALREADY OVERPOPULATED
WHEN IT COMES TO OUR INMATE
POPULATION BUT WE NEED TO MAKE
SURE THAT AS WE MOVE FORWARD
WITH CRIMINAL JUSTICE.
LAWS AND REFORMS THAT WE ARE
PROVIDING OPPORTUNITIES FOR
PEOPLE THAT ARE NOW.
WITHIN OUR COMMUNITY AND WITHIN
SOCIETY TO LEAD THEIR BEST LIVES
SO RESPECTFULLY ASK FOR AN AYE
VOTE.
THANK YOU AND I AND I KNOW WE
HAD SOMEONE FROM.
ACOSTA CHEE PROBATION OFFICERS
AT TO WANT TO WORK WITH YOU AND
WORK THROUGH THIS WHICH IS GOOD
BECAUSE THEY'RE THE ONES.
THAT THE MANAGED TO PEOPLE THAT
ARE IMPLEMENTING THIS.
AND IN JUST FOR THE ONLY FOR MY
OWN [inaudible]
PERSONAL.
MAKING SURE WE SET THE RECORD
STRAIGHT -- SPECIALLY SINCE I AM
THE ONE THAT COMMISSION OR ASK
FOR THE AUDIT FOR REHABILITATION
THE AUDIT ACTUALLY SAID.
THAT CDC ART DOES NOT DO AN
ADEQUATE DID NOT DO A GOOD JOB
AT ALL.
AT SHOWING HOW EFFECTIVE THESE
PROGRAMS ARE IT DIDN'T SAY THEY
WERE THE PROGRAMS ARE BAD SAID
THEY JUST DO THAT.
THEY DON'T DO A VERY GOOD JOB A
MEASURING THEIR SUCCESS RETURN
ON INVESTMENT FOR TAXPAYERS WHEN
IN.
DETERMINING HOW PEOPLE DO NOT
PERCENT OF AID WHAT WORKS AND
WHAT DOESN'T AND THAT'S WHAT
THEY'RE GOING TO WORK ON AND AND
MOVE FORWARD WITH.
AND SO -- HOPEFULLY AS WE FOLLOW
UP WILL GET BETTER NUMBERS AND
STATISTICS AND AND HOPE FOR THAT
CAN DOVETAILED INTO WHAT YOU'RE
TRYING TO DO.
AND I THINK HOPEFULLY WILL GIVE
THE OFTEN DA'S OF SOME COMFORT
LEVEL THAT IS PROGRAMS -- DO
ACTUALLY WORK WITH THAT I
RECOMMEND AYE VOTE.
MET MAVERICK WERE MORE COMMON.
I'M AB ELEVEN EIGHTY TO THE
MOTION IS TO PASS TO THE
APPROPRIATIONS COMMITTEE JONES
SAWYER CHEN SIR HI LACKEY.
LACKEY NO BARRICADE HAND I
BAUER-KAHAN I DEEP.
KAMLAGER-DOVE HI KAMLAGER-DOVE I
QUIRK [inaudible]
SANTIAGO.
WICKS HI WICKS I BADGES ON CALL
NEEDS ONE MORE [inaudible]
THAT'S A HOMELESSNESS.
NOW YOUR NEXT BILL.
THIS CALL WAS.
JUST PROPOSALS GLORIA. SEVENTEEN
SIXTY FOUR ITEM NUMBER -- THIRTY
EIGHT OKAY.
I'M SORRY THIS IS A WAR WITH
THOSE WITH.
SUPPORT WITH NO FORMAL
OPPOSITION THIS IS THE ONE I GOT
MY NUMBERS MIXED UP.
I WAS GONNA SAY ANYTHING.
I THOUGHT MAYBE YOU WERE RIGHT I
WAS HOPING PROBABLY [inaudible]
NO.
ONE AGAIN GOOD MORNING MISTER
CHAIR AND MEMBERS I AM HERE TO
PROUDLY PRESENT ASSEMBLY BILL.
SEVENTEEN SIXTY FOUR WHICH WILL
PROVIDE REDRESS TO PEOPLE WHO
WERE INVOLUNTARILY STERILIZED
UNDER CALIFORNIA'S PREVIOUS
EUGENICS LAWS.
THAT WERE IN EFFECT FROM
NINETEEN OH NINE TO NINETEEN
SEVENTY NINE THIS BILL PROVIDES
MATERIAL ACKNOWLEDGEMENT OF THIS
INJUSTICE BY CREATING THE FOR
STERILIZATION COMPENSATION
PROGRAM.
IN NINETEEN OH NINE THE
CALIFORNIA STATE LEGISLATORS
APPROVED LEGISLATION AUTHORIZING
MEDICAL SUPERINTENDENT.
OF STATE HOMES AND HOSPITALS TO
STERILIZE PATIENTS THEY DEEMED.
UNFIT FOR REPRODUCTION.
LET ME SAY THAT AGAIN.
ON FITS FOR REPRODUCTION.
CALIFORNIA WENT ON TO ADMINISTER
THE MOST ADVICE THE MOST.
ADVISED THE EUGENICS
STERILIZATION PROGRAM IN THE
NATION.
ADVANCED EUGENICS STERILIZATION
PROGRAM IN THE NATION
STERILIZING MORE THAN TWENTY
THOUSAND PEOPLE IN THE UNITED
STATES.
PEOPLE WITH DISABILITIES LATINOS
AND POOR PEOPLE WERE THE MOST
TARGETED AND HARM BY EUGENICS
STERILIZATION.
THE AVERAGE AGE OF STERILIZATION
WAS SEVENTEEN YEARS OLD.
THIS LAW WAS NOT REPEALED UNTIL.
NINETEEN SEVENTY NINE THE YEAR
BEFORE I WAS BORN.
EUGENICS STERILIZATION PROGRAMS
ARE NOW RECOGNIZED AS A MAJOR
HUMAN RIGHTS ABUSE.
IN TWO THOUSAND THREE GOVERNOR
GRAY DAVIS IN THE STATE OF AND
THE SENATE SEPARATELY APOLOGIZE
FOR CALIFORNIA'S EUGENICS
STERILIZATION PROGRAM ANY FORM
OF REDRESS HOWEVER DID NOT
ACCOMPANY.
THEIR APOLOGIES AB SEVENTEEN
SIXTY FOUR PROVIDES MONETARY
COMPENSATION OF SURVIVORS OF
STERILIZATION UNDER THE STATE'S
PREVIOUS EUGENICS LAWS.
THAT WERE IN EFFECT AGAIN FROM.
NINETEEN OH NINE TO NINETEEN
SEVENTY NINE REGRETTABLY THERE
ARE TWO ADDITIONAL KNOWN PERIODS
OF INVOLUNTARY STERILIZATIONS
WITH A BEAT -- SEVENTEEN SIXTY
FOUR WOULD ACKNOWLEDGE WOMEN OF
MEXICAN ORIGIN WHO DELIVERED
BABIES AT LA COUNTY USC MEDICAL
CENTER BETWEEN NINETEEN SIXTY
FIVE IN.
NINETEEN SEVENTY FIVE AND FEMALE
INMATES IN CALIFORNIA STATE
PRISONS WHO WERE STERILIZED
WITHOUT PROPER AUTHORIZATION.
FROM 200-062-00010.
THAT WAS DURING PRESIDENT
OBAMA'S ADMINISTRATION. TWO
THOUSAND SIX IN TWO THOUSAND TEN
HERE IN CALIFORNIA.
WE OFTEN TALK ABOUT A WOMEN'S
RIGHT TO CHOOSE.
A WOMAN'S RIGHT TO CHOOSE ALSO
INCLUDES THE CHOICE.
OF BEING MOTHERS.
THE CHOICE OF HAVING CHILDREN.
AND THAT HAS BEEN TAKEN AWAY.
AND WE NEED TO MAKE SURE THAT WE
RECTIFY THAT WRONG.
HEARING ME TO TESTIFY IS CAROLYN
MEYER'S WITH THE DISABILITY
RIGHTS EDUCATION AND DEFENSE
FUND AND KELLY DILLON WHO WILL
SPEAK ON THE IMPORTANCE OF THIS
BILL.
SALAS ANOTHER WITNESS.
AND YOU HAVE FIVE MINUTES YOU
CAN [inaudible]
PARTIAL OUT.
GOOD MORNING MY NAME IS CARLY
MYERS AND I'M A STAFF ATTORNEY
WITH THE DISABILITY RIGHTS
EDUCATION AND DEFENSE FUND A
NATIONAL DISABILITY LAW AND
POLICY CENTER THAT PROTECTS IN
ADVANCE IS THE CIVIL AND HUMAN
RIGHTS.
OF PEOPLE WITH DISABILITIES.
AS AN ORGANIZATION COMMITTED TO
PROMOTING A QUALITY IN ALL
ASPECTS OF LIFE WE STRONGLY
SUPPORT AB SEVENTEEN SIXTY FOUR
IN BELIEVE IT PLAYS A VITAL ROLE
IN ADVANCING DISABILITY AND
REPRODUCTIVE JUSTICE.
BETWEEN NINETEEN OH NINE IN
NINETEEN SEVENTY NINE AT LEAST
TWENTY THOUSAND PEOPLE WITH
DISABILITIES WERE INVOLUNTARILY
STERILIZED AT THE HANDS OF THE
STATE.
BASED ON IN ACCURATE IN
MISGUIDED ASSUMPTIONS ABOUT
DISABILITY PEOPLE WERE LABELLED
QUOTE MORON IN MISSILE OR
MENTALLY DEFECTIVE AND THEY WERE
SUMMARILY STERILIZED.
CALIFORNIA'S EUGENICS
STERILIZATION LAW WAS ONE OF
SEVERAL LAWS IN THE UNITED
STATES THAT ON ITS FACE TARGETED
PEOPLE WITH DISABILITIES AND IN
PRACTICE HAD A DISPARATE IMPACT
ON PEOPLE OF COLOR WOMEN AND
POOR PEOPLE.
THE U. S. SUPREME COURT'S
INFAMOUS DECISION AND BUCK V.
BELL PERHAPS BEST SUMMARIZES THE
HORRIFIC REASONING BEHIND THE
STERILIZATION LAWS.
IN THE SHAMEFUL WORDS OF JUSTICE
HOLMES QUOTE IT IS BETTER FOR
ALL THE WORLD IF INSTEAD OF
WAITING TO EXECUTE DEGENERATE
OFFSPRING FOR CRIME OR LET THEM
STARVE FOR THEIR IMBECILITY.
SOCIETY CAN PREVENT THOSE WHO
ARE MANIFESTLY UNFIT FROM
BREEDING THE KINDS. THREE
GENERATIONS OF IN THE SILENCE
ARE ENOUGH END QUOTE.
WHILE THE STATE OF CALIFORNIA
REPEALED ITS EUGENICS LAW INNINETEEN SEVENTY NINE ITS
STERILIZATION ABUSES CONTINUED.
AFTER NINETEEN SEVENTY NINE AND
AS RECENTLY AS TWENTY TEN AN
ADDITIONAL TWO HUNDRED AND FIFTY
WOMEN WERE STERILIZED WITHOUT
PROPER CONSENT IN CALIFORNIA
STATE PRISONS.
THESE WOMEN WERE
DISPROPORTIONATELY WOMEN OF
COLOR AND MONOLINGUAL SPANISH
SPEAKERS MANY DID NOT EVEN KNOW
THAT THEY WERE BEING STERILIZED.
CALIFORNIA NOW HAS THE
OPPORTUNITY TO DENOUNCE EUGENICS
AND COVERS A PRISON
STERILIZATIONS FOR WHAT THEY
WERE A FLAGRANT HUMAN RIGHTS
ABUSE.
IN RECOGNITION OF THE LASTING
HARMS THAT THOUSANDS OF
CALIFORNIANS INJURED AB
SEVENTEEN SIXTY FOUR WILL
PROVIDE SURVIVING INDIVIDUALS
WITH MONETARY COMPENSATION.
AND IT WILL RAISE PUBLIC
AWARENESS ABOUT THE
DISCRIMINATORY DISCRIMINATORY
HARMS THAT THESE INDIVIDUALS
FACED.
THROUGH THESE MATERIAL ACTIONS A
PIECE AB SEVENTEEN SIXTY FOUR
RECOGNIZES THE HUMAN RIGHTS OF
EVERY INDIVIDUAL TO CONTROL
THEIR OWN REPRODUCTIVE CAPACITY.
ID KNOWLEDGES THAT STEREO TYPES
AND ASSUMPTIONS ABOUT THE
QUALITY OF LIFE AND CAPACITIES
OF PEOPLE WITH DISABILITIES ARE
NEVER LEGITIMATE FACTORS IN
EVALUATING WHAT IS MEDICALLY
APPROPRIATE TREATMENT.
ENDS IT AFFIRMS THAT ALL PEOPLE
SHOULD BE TREATED WITH DIGNITY
AND RESPECT REGARDING THEIR
LIVES IN REPRODUCTION INCLUDING
PEOPLE WITH DISABILITIES PEOPLE
OF COLOR PEOPLE WITH CRIMINAL
RECORDS AND OTHERS WHO HAVE BEEN
FOR THESE REASONS THE DISABILITY
RIGHTS EDUCATION AND DEFENSE
FUND RESPECTFULLY ASKS FOR YOUR
AYE VOTE ON AB SEVENTEEN SIXTY
FOUR THANK YOU THANK YOU HAVE
TWO MINUTES LEFT GO.
HI COMMISSIONER KELLY DEALING
HERE.
WHEN I ASK FOR THE CITY OF LOS
ANGELES?
WHEN I WAS STERILIZED IN TWO
THOUSAND AND TWO I WAS W.?
SEVEN ONE ONE SIX ZERO I WAS NOT
AT THAT TIME CONSIDERED TO BE I
GUESS OF A STATUS -- EITHER
WORTHY OF THE QUALITY OF LIFE
THAT I COULD HAVE AFTER PAROLE.
SINCE PAROLE I'VE BECOME A
COMMISSIONER I'VE HAD MY OWN
NONPROFIT ORGANIZATION IN THE
CITY OF LOS ANGELES I'M GOING TO
GIVE BACK TO MY COMMUNITY.
BUT AT TWENTY FOUR I WAS LOOKED
AT AS VULNERABLE I DON'T HAVE.
AGAINST A CERTAIN STATUS I WAS
N OF WEALTH -- I WASN'T EVEN
EDUCATED AT THAT TIME TO EVEN --
REALLY UNDERSTAND WHAT WAS
HAPPENING TO ME.
AND IT WASN'T IN TWO YEARS LATER
WHERE I FOUND OUT WHAT HAPPENED
TO ME.
I JUST WANT TO SAY THAT IT WAS.
ARM IT WAS VERY PAINFUL IT WAS
HURTFUL.
ARM IN WHICH I'M STILL AT TIMES
TRYING TO UNDERSTAND THE FACT
THAT WOW I CAN HAVE CHILDREN.
IN THAT RIGHT AT TWENTY FOUR
YEARS OLD WAS TAKEN FROM ME.
I WANT TO ALSO SAY IN SUPPORT OF
THIS BILL DAD -- THAT YOU WOULD
REALLY LOOK AT THE IMPACT.
THAT IT HAS HAD WARNED PEOPLE OF
COLOR I OF THIS VULNERABLE
POPULATION AND ALSO THE MAIN
THING IS TO BRING AWARENESS THAT
FROM WHAT WE'RE HEARINGFROM MY
TIES WITH SOME OF MY SISTERS
THAT ARE STILL INCARCERATED IN
FIGHTING TO COME ALL.
THAT THESE THINGS ARE STILL
HAPPENING UNDER A DIFFERENT.
UMBRELLA SO.
I JUST ACTS FOR YOUR SUPPORT
THANK YOU.
DID YOU HAVE -- IF THE STOCK
OKAY THANK YOU [inaudible]
IF.
OF A MINUTE.
OKAY YEAH THANK YOU -- FOR
HEARING US -- MY NAME IS HOUSE
SALAD MEAN I'M A PROGRAM
COORDINATOR WITH CALIFORNIA
COALITION FOR WOMEN PRISONERS
I'VE BEEN VISITING WITH.
PEOPLE IN WOMEN'S PRISONS HERE
IN CALIFORNIA FOR ABOUT THE LAST
TEN YEARS AND I WILL JUST SAY --
THEY SAID EVERYTHING THERE IS TO
BE SAID OF THE BUT I JUST WANT
TO REITERATE THAT THIS BILL
WOULD RECOGNIZING AND JUSTICE.
THAT'S BEEN DONE TO THE WOMEN IN
WOMEN'S PRISONS IN ALL OF THE
VICTIMS OF FORCED.
ILLEGAL STERILIZATION AND
ACTUALLY IT PROVIDES A SMALL
REDRESS FOR THE WRONG THEY'VE
SUFFERED IN THE FORM OF A SMALL
AMOUNT OF COMPENSATION. TO OTHER
STATES NORTHERN NORTH CAROLINA
AND VIRGINIA HAVE ALREADY PASSED
BILLS TO COMPENSATE SURVIVORS OF
INVOLUNTARY STERILIZATION SO I
JUST CALL UPON THIS COMMITTEE TO
UPHOLD THE RIGHT OF EVERY
INDIVIDUAL REGARDLESS OF RACE.
GENDER SEXUAL ORIENTATION
DISABILITY OR IMPRISONMENT
STATUS TO CONTROL THEIR OWN
REPRODUCTIVE CAPACITY JUST
URGING YOU TO PLEASE INTEREST AB
SEVENTEEN SIXTY FOUR AND HELP
THE PROCESS OF ACCOUNTABILITY
MOVE FORWARD THANK YOU.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT NAME AN ORGANIZATION.
SINCE THE SORRY CYNTHIA TAYLOR
I'M AN ATTORNEY -- I'VE
DEDICATED THE LAST FIFTEEN YEARS
MY LIFE TO EXPOSING THIS ISSUE I
HAD THE MISFORTUNE OF TELLING
MISS DILLON THAT SHE WAS
STERILIZED.
THAT'S ACTUALLY HOW WE MATS --
I'M A PROFESSOR BERKELEY LAW AND
I URGE YOU TO VOTE YES STRONG
SUPPORT.
THANK YOU.
AND THAT'S A SAID WHERE THAT IS
I'M WITH CALIFORNIA LET THE NETS
REPRODUCTIVE JUSTICE BOMB WE ARE
CO SPONSORING THIS BILL AND I
ALSO -- TO STRONG I FOR THIS.
AB.
SEVENTY MORE SECONDS ALSO ME
HALF OF THE NATIONAL ASSOCIATION
OF SOCIAL WORKERS IN STRONG
SUPPORT THANK YOU.
GEN FLOOR IN BEHALF OF WESTERN
CENTER ON LAW AND POVERTY AND
SUPPORT.
PLEASE PUT THERE ARE NONE THIS
ON BEHALF OF THE LATINO
COALITION FOR HEALTHY CALIFORNIA
INSTRUCTS APART.
HER CHILD DISABILITY RIGHTS
CALIFORNIANS STRONG SUPPORT.
GOOD MORNING DEREK MORGAN FOR
THE L. BECAUSE THEY'RE CENTER
FOR HUMAN RIGHTS EXCUSE ME.
UP WITH RESPECT ON THE NAME --
I'M HERE FOR THE ELEVATOR CENTER
FOR HUMAN RIGHTS AND I'M HERE
SUPPORT THANK YOU THANK YOU.
CHALLENGERS FOR THE CALIFORNIA
CIVIL LIBERTIES ADVOCACY
[inaudible]
THANK YOU.
MARCO GEORGE FOR THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION IN
SUPPORT.
KATHY SURE FOR THE ACLU OF
CALIFORNIA IN SUPPORT.
COURTNEY HANSEN WITH CALIFORNIA
COALITION FOR WOMEN PRISONERS OF
COURSE AND ALSO CALIFORNIANS
UNITED FOR RESPONSIBLE BUDGET.
DANIEL SABINO ASSOCIATION OF
REGIONAL CENTER AGENCIES ALSO IN
SUPPORT.
JIM WINBERG ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
A CALIFORNIA AND SUPPORT.
YOU WANTED TO CLIMB ON BEHALF OF
EQUAL JUSTICE SOCIETY IN SUPPORT.
THANK YOU.
ARE THERE ANY OTHER WITNESS IN
SUPPORT ANY WITNESSES IN
OPPOSITION.
IT LOOKS LIKE I GOT IT RIGHT
THIS TIME -- ANY QUESTIONS FROM
COMMITTEE MEMBERS THE MOST
COMMON REDUCTION.
THANK YOU MISTER CHAIR -- SOME
IS CREEL I WANNA THANK YOU FOR
BRINGING THIS BILL FORWARD FOR
ME IT IS TANTAMOUNT TO THE
MODERN DAY TO SKI EXPERIMENT --
WE HAVE THERE ARE SO MANY
CONVERSATIONS THAT NEED TO BE
HAD TO UNPACK THIS -- I HOPE
THAT YOU WILL ALLOW ME TO SIGN
ON TO THIS BILL AS A CO AUTHOR.
AS CHAIR OF THE SELECT COMMITTEE
ON INCARCERATED WOMEN I HOPE
THAT YOU WILL WORK WITH ME. TO
BRING THIS TOPIC TO THAT SELECT
COMMITTEE SO THAT WE CAN
CONTINUE TO TALK ABOUT THIS.
IT IS.
INSULTING.
AS A WOMAN.
I WAS TRYING TO NOT GET MY BLOOD
PRESSURE UP IN THIS COMMITTEE
TODAY.
BUT HEARING THIS IS CERTAINLY
HAS GOT THE LEVELS GOING UP SO I
JUST WANT TO THANK YOU AND YOUR
WITNESSES FOR BRINGING THIS
FORWARD AND FOR REMINDING US.
OF THE WORK THAT WE STILL HAVE
TO DO [inaudible]
MR LACKEY.
I ALSO WANT TO THANK ASSEMBLY
MEMBER CARILLO FOR BRINGING THIS
BELL AND AS THE CHAIR OF THE
SELECT COMMITTEE ON REPRODUCTIVE
RIGHTS I HOPE I CAN.
CO CHAIR THAT HEARING WITH
ASSEMBLY MEMBER COM LONGER DIVE
BECAUSE YOU KNOW YOU SAID IN
YOUR OPENING REMARKS THAT THIS
THAT WE SHOULD RIGHT THIS WRONG
WE CAN NEVER RIGHT THIS WRONG.
THE THREE LIVE BIRTHS I
EXPERIENCE WITH THE MOST JOYOUS
MOMENTS IN MY LIFE WE CAN'T GIVE
THAT BACK TO THESE TWENTY
THOUSAND WOMEN.
AND I'M SORRY FOR THAT ABOUT
HALF THE STATE OF CALIFORNIA I'M
SORRY -- BUT THIS IS A STEP IN
RECOGNIZING THAT WRONG AND
TAKING A SMALL STEP IN THE
DIRECTION OF HOPING THESE WOMEN
KNOW.
THAT WE ARE GOING TO RECOGNIZE
THEM AND WE ARE GOING TO DO THE
LITTLE WE CAN.
AND THAT IS WHAT THIS IS IS A
LITTLE STEP IN THE DIRECTION OF
ACKNOWLEDGEMENT.
OF WHAT WE HAVE DONE IN THE PAST.
SO THANK YOU. FOR DOING THIS
THANK YOU OR TELLING YOUR
STORIES IT IS IMPORTANT FOR
EVERYONE TO HEAR IT -- AS WE IN
THE JEWISH TRADITION TALK ABOUT
WE NEED TO REMEMBER THE PAST SO
THAT WE DON'T REPEAT IT.
AND MAY WE NEVER REPEAT THESE
MISTAKES [inaudible]
MR LACKEY [inaudible]
YEAH -- AS A PERSON WHO -- WAS A
PARENT.
AND MARRIED TO SOMEBODY YOU HAD
WHAT IS CALLED IN EXPLAINED
INFERTILITY.
I CAN RELATE IN A SMALL WAY.
TO NOT BEING ABLE TO HAVE
CHILDREN NATURALLY -- THIS IS
CLEARLY A HORRENDOUS.
UNIMAGINABLE INJUSTICES TAKEN
PLACE.
HOWEVER I MEMBER.
LAST YEAR WE SUPPORTED -- CENTER
SCANNERS BILL OF NINETY SIMILAR.
AND ONE OF THE BIG IMPEDIMENTS
WAS THERE'S NO MENTION.
OF WHAT KIND OF LEVEL OF
COMPENSATION WERE CONSIDERING
WITH THIS BILL.
AND I'M CLEARLY GOING TO SUPPORT
THE BILL THAT YOU MIGHT REALLY
WANT TO TRY TO COME UP WITH AT
LEAST.
SOME TYPE OF PARAMETER SOME KIND
OF SUGGEST I KNOW IT'S
CONDITIONAL TO THE VICTIMS
COMPENSATION BOARD AWARD
[inaudible]
BUT SOME KIND OF PARAMETER WOULD
PROBABLY BE VERY VERY INSIGHTFUL
TO ALLOW IT TO PROCEED FROM THE
APPROPRIATIONS LEVEL SO.
ANYWAYS WE HAVE THANK YOU -- FOR
THE SENSITIVITY TO THIS VERY
POWERFUL DISCUSSION.
IN THIS WEEK'S [inaudible]
HORRIFIC.
I'M SO SORRY.
AND A COMPLETE IN JUSTICE.
AND I'M JUST SO SORRY AND I'M SO
THANKFUL THAT YOU PUT THIS HERE
TODAY.
A MOTHER FOR TWO YEAR OLD GIRL.
AND I JUST APPRECIATE --
ADVOCACY APPRECIATE YOU BEING
HER SHARE YOUR STORY WITH US
IT'S VERY IMPORTANT I'D LOVE TO
JOIN.
MY COLLEAGUES AS WELL ANYWAY I
CAN HELP I WANT TO COST THIS
BILL DO ANYTHING CAN SUPPORT
THANK YOU [inaudible]
THANK YOU.
YOU MAY CLOSE.
IF YOU CAN MAKE A MOTION WITH
THE BILL.
THANK YOU MISTER CHAIR AND
MEMBERS -- I THINK TO MISS COME
LONGER DOES POINT I WAS ALSO
TRYING TO NOT GET MY BLOOD
PRESSURE UP -- LA COUNTY USC
ISN'T MY DISTRICT.
THE WOMEN THAT WERE STERILIZED
IN NINETEEN SIXTY EIGHT ARE
DYING.
AND THEY'VE YET TO SEE ANY FORM
OF JUSTICE.
I'VE YET PERSONALLY. TO BE
BLESSED BY GOD BY THE ABILITY TO
BECOME A MOTHER MYSELF.
BUT I CANNOT IMAGINE.
ANYONE MAKING THE DECISION FOR
ME.
SO I WILL REITERATE AGAIN.
THAT A WOMAN'S.
A WOMAN'S RIGHT TO CHOOSE.
ALSO INCLUDES THE CHOICE OF
BECOMING A MOTHER.
WHICH WAS CLEARLY TAKEN AWAY BY
THE STATE.
AND WHILE WE ARE WORKING. TO
YOUR POINT MR LACKEY ON WHAT.
THAT FINANCIAL AMOUNT LOOKS LIKE
AND I LOOK FORWARD TO WORKING
WITH THEIR OFFICE AND ALL THE
MEMBERS THAT HAVE SAID THEY WANT
TO BE ENGAGED AND INVOLVED IN
THIS PROCESS TO FIGURE THAT OUT
ON BEHALF OF THE STATE.
BECAUSE THE NEEDS TO HAPPEN
[inaudible]
SO I THERE'S NOT MUCH ELSE THAT
CAN BE SAID.
THAT I CAN SAY OR THAT ANY OTHER
WITNESS CAN SAY OTHER THAN I
STRONGLY.
URGE SURE I VOTE ON THIS BILL
AND LET'S TRY TO FIND SOME KIND
OF JUSTICE DESPITE IT.
NEVER BEING FULLY AND JUSTICE.
OF WHAT THIS REALLY LOOKS LIKE
FOR PEOPLE THAT HAVE BEEN
AFFECTED AND IMPACTED.
BY LAWS THAT WERE CREATED TO
TAKE AWAY THE RIGHTS AND I
RESPECTFULLY REQUEST AN AYE VOTE.
THANK YOU AND CHAIRED RECOMMEND
I VOTE THE MOST IMPORTANT I I
WANT TO THANK THE WITNESSES.
IT'S NOT EASY. TO COME HERE FOR
ALL THESE PEOPLE CAMERAS -- AND
TO LET PEOPLE KNOW WHAT HAPPENED
TO YOU.
WE NEED TO TO KNOW WHAT HAPPENED.
TO THE SIDE THANK YOU FOR FOR
FOR BEING HERE TODAY -- AND I
WILL WORK WITH.
ANYONE MR LACKEY MYSELF I SAW ON
PUBLIC SAFETY.
EXCEPT BY BUDGET.
SO IF WE NEED TO KIND OF WORK.
HOW DO A?
FINANCIALLY COMPENSATE IT IS
WOMEN WHO'VE GONE THROUGH SO
MUCH.
THEN WE NEED TO PUT OUR HEADS
TOGETHER AND FIGURE IT OUT
[inaudible]
THAT.
ON AB SEVENTEEN SIXTY FOR THE
MOTION IS TO PASS TO THE
APPROPRIATIONS COMMITTEE JONES
SAWYER HI JONES ARE IRAQI.
LACKEY AYE BARRICADE HIM.
BAUER-KAHAN I DEEP.
KAMLAGER-DOVE.
KAMLAGER-DOVE I QUIRK
[inaudible]
SANTIAGO.
WICKS WICKS I A MEASURE PASSES
GRADUATION.
THE MODE OF THE WHEN JUMPED DOWN.
YOUR LAST TO TO SUPPORT WITH NO
[inaudible]
FOR FORMAL OPPOSITION.
WELL GOOD MORNING A STILL MISTER
CHAIR AND MEMBERS I AM
PRESENTING A. B. TWO FOUR THREE
WHICH WILL REQUIRE PEACE OFFICER
STANDARDS.
TRAINING ALSO KNOWN AS POST TO
TRAIN PEACE OFFICERS AVAIL.
SEC THANK YOU AN IMPLICIT BIAS
EVERY TWO YEARS RATHER THAN THE
CURRENT.
FIVE SUFFICE IT TO SAY EVERYONE
HAS IMPLICIT BIAS EVERYONE IS BY.
INCLUDING MYSELF AND LICENSE I'M
PART OF THE HUMAN RACE YES
UNCONSCIOUS AN IMPLICIT BIAS
THESE CAN AND DO AFFECT THE DAY
TO DAY DECISION MAKING PROCESS
THESE OF EVEN THE MOST FAIR
MINDED PEACE OFFICERS.
YET MORE AWARENESS CAN COME
THROUGH EDUCATION INTERACTION
AND CONVERSATION. TO BE CLEAR
IMPLICIT BIASES THE UNCONSCIOUS
OR UNINTENTIONAL MENTAL SHORTCUT
THAT HUMAN BEINGS DEVELOP IS
OFTEN THE SUBTLE ASSOCIATIONS WE
MAKE BETWEEN GROUPS OF PEOPLE
AND STEREO TYPES ABOUT THOSE
GROUPS.
DESPITE PEOPLE'S BEST INTENTIONS
RESEARCHERS HAVE FOUND THAT
SUBJECTSCAN CONSCIOUSLY EMBRACE
IDEAS OF FAIRNESS AND EQUALITY
AND YET ON TESTS THAT MEASURE
SUBCONSCIOUS TENDENCIES STILL
SHOW A STRONG PROPENSITY TO LEAN
ON STEREO TYPES TO FILL IN THE
BLANKS.
ABOUT PEOPLE THEY DON'T KNOW.
IT IS CRITICAL THAT PEACE
OFFICERS RECEIVE MORE TRAINING
ON A ROUTINE BASIS TO RECOGNIZE
THEIR IMPLICIT BIAS SEES AND TO
TAKE STEPS TO COUNTERACT THEIR
UNCONSCIOUS INFLUENCES.
LAW ENFORCEMENT OFFICERS WIELD
AUTHORITY AND THIS OBLIGATES
THEM TO BETTER COMBAT THERE BY
CITIES RESEARCHERS AT STANFORD
UNIVERSITY EXAMINED ALMOST ONE
HUNDRED MILLION TRAFFIC STOPS.
FROM TWENTY ELEVEN TO TWENTY
SEVENTEEN ACROSS TWENTY ONE
STATE PAROLE AGENCIES INCLUDING
HIGH THE CALIFORNIA HIGHWAY
PATROL AND MUNICIPAL.
POLICE DEPARTMENTS INCLUDING
BAKERSFIELD SAN FRANCISCO AND
SAN DIEGO AND FOUND THAT BLACK
AND LATINO DRIVERS WERE STOPPED
MORE OFTEN THAN WHITE DRIVERS
BASED ON LESS EVIDENCE OF
WRONGDOING.
THE DEPARTMENT OF JUSTICE HAS
RECOGNIZED THIS AND TAKEN IN
SUPPORT AND STEPS TO DEAL WITH
IMPLICIT BIAS THAT AFFECTS OUR
LAW ENFORCEMENT POLICIES AND
PROCEDURES.
I WOULD LIKE TO BUILD A CULTURE
THAT CONSTANTLY AND RESPECTFULLY
ADDRESSES BIAS TO STRENGTHEN THE
TRUST BETWEEN LAW ENFORCEMENT
AND OUR COMMUNITIES.
AB TWO FOUR THREE SIX TO AMPLIFY
THE DOJ'S WORK ON IMPLICIT BIAS
AND MANDATE THAT PEACE OFFICERS
MUST BE TRAINED EVERY TWO YEARS.
TODAY WITH ME AND SUPPORT IS
KIMBERLY PAPPY ON JUDICIAL
PROFESSOR AND LISA HOLDER EQUAL
JUSTICE SOCIETY LEGAL DIRECTOR
[inaudible]
THANK YOU.
GOOD AFTERNOON I'M LISA HOLDER
CIVIL RIGHTS ATTORNEY.
I ALSO TEACH A CONSTITUTIONAL
POLICING AT UCLA LAW SCHOOL.
AND I ADDRESSED YOU HERE TODAY
IN MY CAPACITY AS INTERIM LEGAL
DIRECTOR FOR THE EQUAL JUSTICE
SOCIETY AND OAKLAND OAKLAND
BASED RACIAL JUSTICE ADVOCACY
GROUP.
I AM VERY GRATEFUL TO BE HERE
ADDRESSING THIS AUGUST BODY OF
LAWMAKERS. FOR TWENTY YEARS
SINCE ITS INCEPTION THE EQUAL
JUSTICE SOCIETY HAS BEEN
INVESTIGATING ANALYZING AND
RESEARCHING IMPLICIT BIAS.
AND WHAT WE'VE LEARNED IS THAT
ALL PEOPLE HAVE IMPLICIT
UNCONSCIOUS BIAS.
AND THOSE BY ASSERTIVE DEVELOPED
DURING THE COURSE OF A LIFETIME
THROUGH EXPOSURE. TO STEREOTYPES.
IMPLICIT BIAS INFLUENCES OUR
JUDGMENTS.
OUR ATTITUDES AND OUR ACTIONS
TOWARD OTHER PEOPLE.
AND IT'S VERY HARD FOR PEOPLE TO
ACCEPT THAT THEY HAVE IMPLICIT
BIAS BECAUSE IT OFTEN RUNS
COUNTER TO THEIR CONSCIOUS
VALUES.
POLICE OFFICERS ARE NOT IMMUNE
FROM.
IMPLICIT BIAS.
STUDIES DATING BACK TO AT LEAST
TWO THOUSAND ONE WHEN PRIME TO
WITH PHOTOS OF BLACK FACES.
JUST LIKE CIVILIANS POLICE
OFFICERS ARE CONSISTENTLY MORE
LIKELY TO ASSOCIATE BLACK FACES
WITH CRIMINALITY. TO MISS
IDENTIFY COMMON OBJECTS AS
WEAPONS AFTER BEING SHOWN PHOTOS
OF BLACK FACES.
AND TO LABEL PHOTOS OF BLACK
PEOPLE AS THREATENING.
THE ASSEMBLY MEMBER JUST GAVE US
STATISTICS ABOUT HOW WHEN LEFT
UNDERAGE UNADDRESSED.
IMPLICIT BIASES OF POLICE
OFFICERS CONTRIBUTE TO STAGGER
STAGGERING RACIAL DISPARITIES IN
POLICING.
SINCE BIAS IS LEARNED OVER A
LIFETIME.
IT IS VERY DIFFICULT TO UNLEARN
OUR BIAS.
HOWEVER THE GOOD NEWS IS THAT
WITH INTENSIVE.
SYSTEMATIC INTERVENTIONS CHANGE
IS POSSIBLE.
ENTER BIAS TRAINING.
PROVIDES PRACTICAL TOOLS TO HELP
PARTICIPANTS RETRAIN THE BRAIN
TO DESTRUCT STEREO TYPE BASED.
IMPLICIT ASSOCIATIONS AND TO
MANAGE BIAS.
COUNTER BIAS TRAINING IN ORDER
TO BE EFFECTIVE MUST BE ONGOING
AND RE OCCURRING. ONE CRITICAL
COMPONENT OF AB.
TWO FORTY THREE IS THAT IT
REQUIRES EIGHT HOURS OF SYSTEMIC
REOCCURRING TRAINING EVERY TWO
YEARS.
AND THIS WOULD APPLY TO THE
TRAIN THE TRAINER PROGRAM IN
POST.
THE POLICE OFFICER TRAINING AS
WELL.
AND E. J. S. STRONGLY SUPPORT AB
TWO FORTY THREE AND RESPECTFULLY
REQUEST YOUR YES VOTE.
THANK YOU.
YES -- HELLO THANK YOU FOR
INVITING ME CHAIR IN A STAIN
MEMBERS MY NAME IS -- EIGHT
KIMBERLY POPPY OWN AND I AM A
JUDICIAL PROFESSOR -- I TEACH
NEUROSCIENCE THE LAW AND
DECISION MAKING -- AT WHAT WE
OFTEN TALK ABOUT WITH REGARD TO
IMPLICIT BIAS IS THE CON ARE THE
CONCEPTS AROUND PSYCHOLOGY BUT
TECHNOLOGY HAS GIVEN US A GREAT
DEAL OF INSIGHT INTO THE NEURAL
CORRELATES.
OF IMPLICIT BIAS -- WE ARE NOW
CLEARLY.
ABLE TO SAY THAT THERE ARE
INTERVENTIONS THAT CAN LOWER
ONCE LEVEL OF IMPLICIT BIAS.
IF TAUGHT PROPERLY IN A
CLASSROOM CAN CHANGE PROBLEMATIC
BRAIN REACTIONS THAT CAUSE
PEOPLE TO MAKE CERTAIN TYPES OF
DECISIONS.
AND CAN ACTUALLY ALTER DECISION
MAKING SO THAT PEOPLE MAKE BEER
AND ACCURATE DECISIONS -- THERE
ARE PARTS OF OUR BRAIN THAT
ACTUALLY WILL ACTIVATE WHEN WE
SEE A SPIDER OR SNAKE.
IF YOU HAVE A HIGH LEVEL OF
IMPLICIT BIAS FOR INSTANCE
TOWARDS AFRICAN AMERICANS THAT
SAME PART OF YOUR BRAIN WILL
ACTIVATE THAT SPIDER SNAKE LIKE
REACTION FOR FEAR.
DISTRUST THREAT EXCITING WILL
TURN ON MORE WHEN YOU SEE A FACE
THAT LOOKS FAR MORE LIKE
SHAQUILLE O'NEAL THAN MATT DAMON --
THAT'S PROBLEMATIC WE HAVE OUR
PEACE OFFICERS OUT THERE TRYING
TO ASSESS THREAT ON THE STREET.
THAT SAME NOTION OF IMPLICIT
BIAS ALSO AFFECTS THE
DETERMINATION TO SHOOT OR NOT
SHOOT WHEN TRYING TO ASSESS
WHAT'S IN SOMEONE'S HANDS.
A NUMBER OF STUDIES HAVE SHOWN
OVER AND OVER AGAIN THAT AN
AFRICAN AMERICAN TROOP AN
AFRICAN AMERICAN MAN HOLDING A
WALLET -- BUT WILL BE THREE
TIMES MORE LIKELY TO RECEIVE AN
A TEST ACTUALLY HAVE SOMEBODY
DECIDE DO I SHOULD THIS PERSON
OR NOT SHOULD THIS PERSON.
AND COMPUTERIZED SIMULATION THAT
AFRICAN AMERICAN MAN HOLDING A
WALLET WILL BE THREE TIMES MORE
LIKELY TO RECEIVE THE DECISION
OF SHOOT THAT IS AN ANGLO
AMERICAN COUNTERPART HOLDING A
GUN.
WE CAN CHANGE THAT REACTION IN
TRAINING.
FINALLY THE LEVEL OF IMPLICIT
BIAS IS DIRECTLY RELATED TO THE
LEVEL OF PHYSICAL PHYSIOLOGIC
PAIN EMPATHY.
THAT INDIVIDUALS FEEL.
THAT CAN HAVE A DIRECT EFFECT ON
HOW POLICE OFFICERS PURSUE
INVESTIGATIONS AND AND IDENTIFY
AND SPEAK TO WITNESSES.
SO WE KNOW THAT THE SCIENCE HAS
GIVEN US THE ANSWERS THAT WE
NEED TO ACTUALLY CHANGE THESE
BRAIN REACTIONS CHANGE THIS
DECISION MAKING PROCESS.
CHANGE THE LEVEL OF IMPLICIT
BIAS AND THEREBY CHANGE THE
AMOUNT OF EQUITY.
IN THE POLICING PROCESS.
A GOOD CLASS WILL DO MORE THAN
HOLD HANDS AND SING COME BY ALL.
A GOOD CLASS WILL ACTUALLY MAKE
A DIFFERENCE AND I BELIEVE THAT
THIS BILL WILL HELP MOVE THE
PROCESS FORWARD.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT NAME AN ORGANIZATION.
DANIEL SAVANNAH ASSOCIATION OF
REGIONAL CENTER AGENCIES ALSO IN
SUPPORT.
DANIEL TEARS ON BEHALF OF THE
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE IN SUPPORT.
MARGOT GEORGE FOR THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION AND
SUPPORT THANK YOU.
JIM WEINBERG ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
CALIFORNIA IN SUPPORT -- HAIRS
WITH DISABILITY RIGHTS
CALIFORNIANS SUPPORT.
THANK YOU.
SHARE RANGERS FOR THE CALIFORNIA
CIVIL LIBERTIES FC IN SUPPORT.
THANK YOU.
ANY WITNESSES IN OPPOSITION.
SHE NONE ANY QUESTIONS FROM
COMMITTEE MEMBERS.
IT'S REACHED WICKS I JUST WANT
TO THANK THE ASSEMBLY WOMAN FOR
ALLOWING ME TO CALL FOR THE BILL --
I THINK IT'S AN IMPORTANT ISSUE
I THINK AS NOTED YOU KNOW WE ALL
HAVE IMPLICIT BIAS -- AND WHEN
WE HAVE THAT IN THE HANDS OF LAW
ENFORCEMENT IT'S PARTICULARLY
PROBLEMATIC.
AND THE ONLY WAY WE CAN DEAL
WITH THIS IS TO DISCUSS SAID
ADDRESS IT PROVIDE TRAINING FOR
IT -- AND DEAL WITH IT HEAD ON
TO TRY TO REBUILD THAT TRUST SO
THANK YOU FOR ALLOWING ME TO TO
CALL FOR THIS AND I WILL
OBVIOUSLY.
PROBABLY BE VOTING FOR THIS.
THANK YOU YOU MAY CLOSE.
THANK YOU I JUST WANNA SAY THAT
WE'VE BEEN WORKING WITH THE
COMMITTEE -- TO EXCEPT ALL
AMENDMENTS IN THIS BILL IS ABOUT
PROTECTING COMMUNITIES AND LAW
ENFORCEMENT IN A WAY THAT'S
BALANCED AND COMPASSIONATE DIE
RESPECTFULLY.
ASK FOR YOUR AYE VOTE.
THANK YOU MAY CALL THE ROLL.
SHARES RECOMMENDATIONS I AM
EIGHTY TWO FORTY THREE THE
MOTION IS TO PASS TO THE
APPROPRIATIONS COMMITTEE JONES
SAWYER CHEN SIR HI LACKEY.
LACKEY I BAUER-KAHAN BAUER-KAHAN
I DEEP.
KAMLAGER-DOVE HI KAMLAGER-DOVE I
QUIRK.
SANTIAGO WICKS.
WICKS I THE MEASURE PASSES.
THANK YOU THANK YOU GESTURE CAME.
GIVE ME CHAIR BEFORE MR CHILD
GETS HERE.
THANK YOU THANK YOU MISTER --
WE'RE HERE PRESENT AB TWELVE
FIFTEEN WHICH WOULD BE ON LAW
ENFORCEMENT AGENCIES AND
OFFICIALS.
FROM USING -- INSTALLING OR
ACTIVATING FACIAL RECOGNITION
AND BIOMETRIC SCANNERS AND BODY
CAMERAS.
LET ME JUST FIRST THANK THE
CHAIR OF THE COMMITTEE -- FOR
THEIR SUPPORT AND ADVICE AND WE
ARE ACCEPTING THE COMMITTEE
AMENDMENTS TO REMOVE THE
PROVISION ON DAMAGES -- WE ARE --
PROACTIVELY RESPONDING TO THE
PUBLIC'S CONCERNS OVER -- POLICE
INVOLVED SHOOTINGS AGENCIES
ACROSS THE COUNTRY INSTALLING
BODY CAMERA -- PROGRAM.
WE WANT TO BE PRO ACTIVE SO THAT
WE DON'T HAVE OFFICIAL
RECOGNITION SOFTWARE INSTALLED.
IN THOSE CAMERAS AT THIS POINT --
RIGHT NOW THE SOFTWARE IS
ACTUALLY VERY FAULTY IN FACT --
AMAZON BREAK FAMILIES ON'S
RECOGNITION SYSTEM FALSE
IDENTIFIED TWENTY EIGHT SITTING
MEMBERS OF CONGRESS.
AS PEOPLE IN A MUGSHOT DATABASE.
WITH MEMBERS OF COLOR ARE
DISPROPORTIONATELY MISIDENTIFIED
ALONG ONE OF OUR FORMER
COLLEAGUES CONGRESS SHOULD BE
GOMEZ WAS OR ONE OF THOSE
INDIVIDUALS WRONGLY IDENTIFIED.
SO GET A. B. TWELVE FIFTEEN WE
SEEK.
UP FURTHER PRESENT MISTRUST
BETWEEN LAW ENFORCEMENT AND THE
PUBLIC BY PRO ACTIVELY ENSURING
THAT FACIAL RECOGNIZABLE CAN'T
BE INSTALLED AND BODY CAMERAS
WITH A WITH FEW WITNESSES IN
SUPPORT AT THIS TIME.
THANK YOU.
MEMBERS OF THE PUBLIC SAFETY
COMMITTEE MY NAME IS MATT CABLE
AND I'M AN ATTORNEY AT THE ACLU
OF NORTHERN CALIFORNIA -- WE
URGE YOU TO SUPPORT AB TWELVE
FIFTEEN THE BODY CAMERA
ACCOUNTABILITY ACT.
OF THIS BILL SUPPORTED BY A
BROAD CIVIL RIGHTS COALITION.
THIS BILL CODIFIES
CONSTITUTIONAL PRIVACY
PROTECTIONS FOR CALIFORNIANS BY
PREVENTING THE USE OF FACIAL
RECOGNITION AND OTHER BIOMETRIC
SURVEILLANCE WITH OFFICER.
BODY CAMERAS ADDING FACE
RECOGNITION TO A BODY CAMERA
WOULD BE LIKE REQUIRING EVERYONE
TO CONSTANTLY SHOW A PHOTO ID TO
POLICE WITHOUT ANY SUSPICION.
OF WRONGDOING WHATSOEVER AND IN
THE FACE RECOGNITION DATABASES
BREACHED WE CANNOT RESET OUR
FACES LIKE WE CAN'T A PASSWORD
ON AN ONLINE ACCOUNT.
THIS BILL RECOGNIZES THAT
CALIFORNIANS WERE PROMISED BODY
CAMERAS AS A TOOL TO PROTECT THE
PUBLIC NOT AS AN ADDITIONAL
PROSECUTORIAL SYSTEM FOR THE
POLICE TO IDENTIFY.
AND TRACK CALIFORNIANS 62% OF
LIKELY TWENTY TWENTY VOTERS
AGREE THAT BODY CAMERA SHOULD BE
USED SOLELY TO RECORD HOW POLICE
TREAT THE PUBLIC AND PROVIDE A
TOOL OF ACCOUNTABILITY.
NOT FOR SURVEILLANCE.
THIS BILL ALSO RECOGNIZES THAT
RESEARCH BY -- FOLKS AT MIT
SHOWING THAT FACIAL RECOGNITION
SOFTWARE IS LESS ACCURATE AND
ACTUALLY BIASED AGAINST WOMEN
AND PEOPLE OF COLOR.
BODY MAKE CAMERA MAKER AXON HAS
ACKNOWLEDGED THE SHORTCOMINGS
AND JUST LAST WEEK WE HEARD THAT
MICROSOFT REFUSED TO SELL FACIAL
RECOGNITION TO A CALIFORNIA LAW
ENFORCEMENT AGENCY.
BECAUSE OF HUMAN RIGHTS CONCERNS
AND ACCURACY ISSUES.
SO IF A FACE SURVEILLANCE -- IS
PUT ONTO A BODY CAMERA POLICE
MAIN GAUGE OR USE FORCE WITH
POTENTIALLY TRAGIC CONSEQUENCES.
FEAR OF MISIDENTIFICATION WILL
ALSO DISCOURAGE PEOPLE FROM
SEEKING HELP FROM LAW
ENFORCEMENT OR OFFERING
ASSISTANCE -- FACE SURROUNDS A
BODY CAMERAS TO MAKE US LESS
SAFE.
AND COMPANIES ARE RUSHING TO DO
IT THE PLAY THIS RIGHT NOW.
AND THAT'S WHY THIS LEGISLATION
IS TIMELY AND NECESSARY TO
PROTECT PUBLIC SAFETY.
THIS LEGISLATION ALSO PRESERVES
THE STATUS QUO.
AS WE ARE NOT AWARE OF A
CALIFORNIA AGENCY CURRENTLY
USING THE TECHNOLOGY IN THIS
DANGEROUS WAY CURRENTLY IN
CALIFORNIA.
WE URGE YOU TO VOTE HI ON TWELVE
FIFTEEN AND THANK YOU.
YES.
THANK YOU UP MEMBERS OF THE
PUBLIC SAFETY COMMITTEE MY NAME
IS STEVEN ANDTHAT -- SO I'M THE
SENIOR CAMPAIGNS DIRECTOR AT THE
CENTER FOR MEDIA JUSTICE WHERE A
DIGITAL CIVIL RIGHTS
ORGANIZATION BASED IN OAKLAND
CALIFORNIA -- WE ARE HERE
SPEAKING IN SUPPORT OF AB TWELVE
FIFTY THE BODY CAMERA
ACCOUNTABILITY ACT.
THIS SENSIBLE PIECE OF
LEGISLATION RECOGNIZES THAT THE
RIGHT TO FEEL SAFE SHOULDN'T
COME AT THE EXPENSE OF ON CHECK
SURVEILLANCE.
CALIFORNIANS FROM SACRAMENTO TO
SAN DIEGO -- HAD BEEN DEMANDING
GREATER ACCOUNTABILITY AND
TRANSPARENCY FROM ITS LOCAL
POLICE ARE COMMUNITIES WERE SOLD
ON THE IDEA THAT BODY CAMERAS
WOULD DELIVER SAFETY FOR
EVERYONE.
AND WHILE WE CAN DEBATE WHETHER
THESE DEVICES HAVE LIVED UP TO
THEIR PROMISE ONE THING IS CLEAR.
FACIAL RECOGNITION WOULD TURN
THESE INSTRUMENTS INTO CAMP
THESE CAMERAS INTO INSTRUMENTS
OF INJUSTICE.
HERE THREE REASONS THAT WE
BELIEVE THIS BILL IS NECESSARY
ONE FACIAL RECOGNITION WOULD
EXPAND THE REACH AND POWER OF
POLICE DEPARTMENTS TURNING THE
CURRENT BODY ONE CAMERAS OUT IN
OUR COMMUNITIES AND TO ROVING
SURVEILLANCE NETWORKS.
THIS TECH WOULD INCREASE
MISTRUST BETWEEN LAW ENFORCEMENT
COMMUNITIES THAT ARE ALREADY
OVER POLICED AND THREE RESEARCH
HAS SHOWN THE TECHNOLOGY TO BE
AN ACCURATE AND BIAS
PARTICULARLY TOWARDS PEOPLE OF
COLOR.
AND WOMEN.
ALLEN BY JUST QUOTING BELL HOOKS
YOU SAID THAT WHEN YOU ARE
THIRSTY YOU WANT WATER IT DOES
NOT MATTER IN THAT MOMENT
WHETHER IT'S DIRTY OR CLEAN
SAFETY IS THAT WATER THAT OUR
COMMUNITIES ARE THIRSTY FOR AS
LEADERS IN THE STATE UNITS TO
CHOOSE BETWEEN A DRINK FOR
THIRST.
THIS LEGISLATION IS A COMMON
SENSE APPROACH TO PUBLIC SAFETY
THAT WORKS FOR ALL OF US AND WE
URGE YOU TO VOTE I ON A. B.
TWELVE FIFTEEN THANK YOU.
THANK YOU.
CAN STONE STONE ADVOCACY FOR THE
ACLU IN SUPPORT THANK YOU.
THE OTHER OF WITNESSES IN
SUPPORT.
NAME AN ORGANIZATION.
PUBLIC DEFENDERS ASSOCIATION IN
SUPPORT THANK YOU.
CAN YOU TEARS ON BEHALF OF THE
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE IN SUPPORT.
CHALLENGERS FOR THE CALIFORNIA
CIVIL LIBERTIES ADVOCACY AND
SUPPORT.
BRIAN HOW FOR SECURE JUST A
STRONG SUPPORT THANK YOU ARE ANY
WITNESSES IN OPPOSITION --
NUMBER.
GOOD MORNING MISTER CHAIR
MEMBERS WHO SHALL MUCH LOWER ON
BEHALF THE CALIFORNIA STATE
SHERIFFS ASSOCIATION
RESPECTFULLY OPPOSING AB --
TWELVE FIFTEEN FROM A POLICY
PERSPECTIVE WE ARE OF AB VERY
CONCERNED ABOUT THE LEGISLATURE
REMOVING -- TOOLS THAT COULD
POTENTIALLY PROTECT THE PUBLIC
SAFETY AND EIGHT INVESTIGATIONS
IF THERE ARE JUSTIFIABLE
CONCERNS ABOUT PARTICULAR
TECHNOLOGIES AND THEIR USAGE
DISCUSSIONS AMONG LOCAL
COMMUNITIES.
AND AGENCIES EVEN STAKEHOLDERS
CAN BE HAD HOWEVER TO IMPOSE A
BLANKET BAN ON PARTICULAR
TECHNOLOGY LIMITS LAW
ENFORCEMENT EFFICACY AND
RESTRICT HIS ABILITY TO MEET
THIS INVESTIGATOR TERRY AND
CRIME PREVENTION AND SOLVING MAN
DAYS. FOR THESE REASONS WE
REQUEST THAT YOU VOTE NO ON A.
B. TWELVE FIFTEEN THANK YOU.
THANK YOU.%
OR ANY OTHER WITNESSES IN
OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS.
YOU MAY CLOSE MISTREATING JUST
RESPECT FOR US FIVE UP THANK YOU
CHAIRS RECOMMENDED I VOTE.
WHO WHO?
I NEED A MOTION.
ON AB TWELVE FIFTEEN THE MISSION
IS TO PASS AS AMENDED JONES
SAWYER.
JOHN SIR HI LACKEY.
BARRICADE HAN.
BAUER-KAHAN I DEEP [inaudible]
KAMLAGER-DOVE [inaudible]
QUIRK [inaudible]
SANTIAGO WICKS.
WICKS I MEASURES ON CALL NEED TO
MORE THANK YOU.
NOW MR BONTA A. B. THIRTEEN
THIRTY ONE ITEM NUMBER.
TWENTY EIGHT THANK YOU MISTER
CHAIR.
THANK YOU MISTER CHAIR AND
COLLEAGUES FOR THE OPPORTUNITY
TO PRESENT A. B. THIRTEEN THIRTY
ONE TODAY THIS BILL WORKS TO
ADDRESS.
DATA GAPS AND IMPROVE ACCESS TO
CRIMINAL JUSTICE DATA BY
ESTABLISHING REPORTING
REQUIREMENTS AND INCREASING DATA
TRANSPARENCY CURRENTLY
CALIFORNIA'S CRIMINAL RECORDS DO
NOT PAINT THE WHOLE PICTURE
MISSING INFORMATION.
AND INACCURACIES IN DATA
UNDERMINE THE AFFAIR
ADMINISTRATION OF JUSTICE AND
OUR ABILITY AS LAWMAKERS TO MAKE
EFFECTIVE POLICIES.
A. B. THIRTEEN THIRTY ONE WAS
SET CLEAR REPORTING REQUIREMENTS
FOR LOCAL AND STATE LAW
ENFORCEMENT AGENCIES AND COURTS
AMONG OTHER CRITERIA THIS
INCLUDES A PERSON'S IDENTIFYING
INFORMATION CRIMINAL
INVESTIGATION AND IDENTIFICATION
NUMBER.
ARREST CHARGE DISPOSITION
PROBATION PAROLE SENSING
INFORMATION AT SUCH UP WITH
THESE MULTIPLE DATA POINTS WE
WILL BETTER BE ABLE. TO
IMPLEMENT A FAIR AND SAFE
CRIMINAL JUSTICE SYSTEM AND BE
ABLE TO COMPARE CRIMINAL JUSTICE
DATA TO EVALUATE THE
EFFECTIVENESS OF OUR PROGRAMS
AND TO CONSIDER NEW ONES.
IF WE DO NOT HAVE ACCURATE AND
RELIABLE DATA ON WHAT A PERSON
HAS BEEN ACCUSED OF OR WHAT
HAPPENED IN THE CASE THEN WE
CAN'T.
MAKE APPROPRIATE DECISIONS
REGARDING BAYLOR DIVERSION
PROGRAMS OR CREATE ACCURATE
CRIMINAL RECORDS THAT WILL
IMPACT IN THE AN INDIVIDUAL'S
ABILITY TO OBTAIN EMPLOYMENT OR
SECURE HOUSING. FOR SERIOUS
ABOUT FIXING ARE FUNDAMENTALLY
BROKEN CRIMINAL JUSTICE SYSTEM
WE MUST START AT THE
FOUNDATIONAL LEVA LEVEL.
IN THIS CASE WITH GOOD DATA A.
B. THIRTEEN THIRTY ONE IS THE
FIRST STEP IN ENSURING WE HAVE
RELIABLE AND COMPLETE CRIMINAL
JUSTICE.
DATA I RESPECTFULLY ASK YOUR AYE
VOTE WITH ME TODAY I HAVE MARIA
MCKEE SAM JUST GO DISTRICT
ATTORNEY'S OFFICE MAKAYLA
RABINOWITZ NATIONAL ENGAGEMENT.
AND FIELD OPERATIONS AND ALICIA
AKAN TODD SAM CISCO PRE TRIAL
DIVERSION PROJECT.
JUST AS A FRIENDLY REMINDER WILL
GIVE YOU FIVE MINUTES YOU CAN
DIVIDE THAT UP AS YOU SEE FIT.
GOOD MORNING MY NAME IS MARIA
CAM THE PRINCIPAL ANALYST AT THE
SAN FRANCISCO DISTRICT
ATTORNEY'S OFFICE FIRST I'D LIKE
TO THINK THE ASSEMBLY MEMBER FOR
HIS ADVOCACY ON THIS IMPORTANT
AND OFTEN OVERLOOKED ISSUE.
AND THANK YOU ALSO TO THE
COMMITTEE FOR YOUR TIME AND
CONSIDERATION.
INCREASINGLY IN THE DIGITAL AGE
THE COLLECTION REPORTING
ANALYSIS AND TRANSPARENCY OF
DATA ARE CENTRAL TO GOOD
GOVERNANCE.
AND THAT'S WHAT AB THIRTEEN
THIRTY ONE IS ALL ABOUT GOOD
GOVERNANCE SINCE NINETEEN
SEVENTY THREE THE LEGISLATURE
HAS RECOGNIZED THE IMPORTANCE OF
ENSURING THE UNIFORMITY FISHING
COLLECTION AND DISSEMINATION OF
CRIMINAL JUSTICE DATA.
UNFORTUNATELY WE HAVE YET TO
ACHIEVE THAT VISION AND
CALIFORNIA'S CRIMINAL JUSTICE
DATA IS WOEFULLY INADEQUATE.
THIS HAS MAJOR CONSEQUENCES FOR
OUR STATE FIRST THE CRIMINAL
JUSTICE DATA GAP IS BAD FOR
PUBLIC SAFETY FOR EXAMPLE THE
BUREAU OF FIREARMS DEPENDS ON
THE TIMELY REPORTING OF CAMP OF
CONVICTION INFORMATION. TO
ENSURE THAT PROHIBITED PERSONS
SUCH AS DOMESTIC OF DOMESTIC
VIOLENCE OFFENDERS DO NOT
POSSESS OR ACQUIRE GUNS.
SECOND THE CRIMINAL JUSTICE DATA
GAP IS BAD FOR GOVERNMENT
TRANSPARENCY IN GOVERNMENT
TRANSPARENCY IS ACCOUNTABILITY
CURRENTLY TOO MANY ASPECTS OF
THE CRIMINAL PROCESS ARE HIDDEN
FROM VIEW FROM VIEW WHICH BREEDS
DISTRESSED.
THIRD THE CRIMINAL JUSTICE DATA
GAP IS BAD FOR PUBLIC POLICY.
I WOULD CONTEND THAT EVERY BILL
BEFORE THIS COMMITTEE SUFFERS
FROM A LACK OF SUFFICIENT DATA
TO PROJECT ITS IMPACT AND
ESTIMATE THE COST.
IN TRYING TO MEASURE RACIAL
DISPARITIES ASSOCIATED WITH
DEATH SENTENCES WE ARE LIMITED
BY THE DATA GAP.
IN ASSESSING THE IMPACT OF EARLY
DISCHARGE FROM POST RELEASE
COMMUNITY SUPERVISION WE ARE
LIMITED BY THE DATA GAP.
IN MEASURING RECIDIVISM
ASSOCIATED WITH CDC OUR
PROGRAMMING WE ARE LIMITED BY
THE DATA GAP.
AB THIRTEEN THIRTY ONE WILL
ADDRESS THESE GAPS HE CLARIFIES
WHAT HOW AND BY WHOM CRIMINAL
JUSTICE DATA SHOULD BE REPORTED
TO THE STATE.
IT ENSURES THAT RAPSHEETS HAVE
TIMELY INCOMPLETE INFORMATION SO
THAT LAW ENFORCEMENT AGENCIES
CAN DO THEIR JOBS.
AND ENSURES THAT THIS DATA IS
AVAILABLE TO GOVERNMENT
STAKEHOLDERS INDEPENDENT
RESEARCHERS AND THE PUBLIC SO
THAT WE CAN ALL MAKE INFORMED
DECISIONS ABOUT THE CRIMINAL
JUSTICE SYSTEM. FOR THESE
REASONS I URGE YOU TO SUPPORT
THE CRIMINAL JUSTICE DATA
IMPROVEMENT ACT THANK YOU.
GOOD MORNING MY NAME IS MAKAYLA
RABINOWITZ I'M THE DIRECTOR OF
NATIONAL ENGAGEMENT AND FIELD
OPERATIONS AT MEASURES FOR
JUSTICE A NON PARTISAN NATIONAL
CRIMINAL JUSTICE RESEARCH
ORGANIZATION.
I'M ALSO THE LEAD AUTHOR IN
PARTNERSHIP WITH STANFORD LAW
SCHOOL OF A REPORT CALLED THE
CALIFORNIA CRIMINAL JUSTICE DATA
GAP THE DETAILS MANY OF THE
ISSUES THAT THIS BILL SEEKS TO
ADDRESS.
I WOULD LIKE TO START BY
THANKING THE ASSEMBLY MEMBER.
FOR CHAMPIONING FOR CHAMPIONING
THIS IMPORTANT ISSUE AND THE
COMMITTEE FOR TAKING THE TIME TO
CONSIDER TODAY.
ON ITS FACE THIS ISSUE IS MUCH
LESS COMPELLING THAN MANY OF THE
OF MANY OF THE OTHER IMPORTANT
PUBLIC SAFETY ISSUES THAT THE
LEGISLATURE TAKES UP.
BUT I WOULD ARGUE THAT HIGH
QUALITY CRIMINAL JUSTICE DATA IS
ACTUALLY THE LYNCH PIN THAT IS
NECESSARY FOR THE SUCCESS ALL OF
THESE OTHER INITIATIVES.
IF THE STATE DOES NOT EXIST IF
IT IS NOT AVAILABLE TO POLICY
MAKERS PRACTITIONERS RESEARCHERS
AND THE GENERAL PUBLIC THERE'S
NO WAY TO IDENTIFY OUR MOST
CRIMINAL JUSTICE ISSUES.
NOR TO MONITOR OR EVALUATE OUR
RESPONSES.
OVER THE PAST DECADE CALIFORNIA
HAS PASSED AN UNPRECEDENTED
NUMBER OF LAWS THAT HAVE
CRITICALLY ALTERED CRIMINAL
JUSTICE POLICY AND PRACTICE.
LEGISLATION LIKE AB ONE OH NINE
SB TEN AND SB FOURTEEN THIRTY
SEVEN COUPLED WITH BALLOT
INITIATIVE LIKE PROP 47-57 ARE
SHIFTING THE FACE OF CRIMINAL
JUSTICE AND PUBLIC SAFETY IN
CALIFORNIA.
AND YET ALMOST A DECADE AFTER
PUBLIC SAFETY REALIGNMENT
SPARKED THIS ONGOING SERIES OF
REFORMS WE LACK THE DATA
NECESSARY TO TRACK THE
IMPLEMENTATION OF THESE CHANGES
WERE TO MEASURE THEIR IMPACT.
THIS IS ESPECIALLY CONCERNING
GIVEN THAT MANY OF THESE NEW
LAWS ARE STILL BEING CONTESTED
WITH BALLOT INITIATIVES PENDING
A TO ROLL BACK BOTH BILL REFORM
AND PROP.
FORTY SEVEN BECAUSE BOTH
PROPONENTS AND AND AND OPPONENTS
OF THESE LAWS LACK THE DATA TO
ASSESS THEIR IMPLEMENTATION
WE'RE IN SAID FORCED TO MAKE
CRITICAL CHOICES BASED ON
ANECDOTE OFTEN WITH EXTREME
EXAMPLES THAT DON'T REFLECT
PREVAILING PATTERNS.
SIMILARLY YOU AS LEGISLATORS ARE
FORCED TO TAKE UP POSITIONS AND
VOTE ON CRITICAL PUBLIC SAFETY
ISSUES AFFECTING OUR STATE
WITHOUT THE REQUISITE
INFORMATION NECESSARY TO MAKE AN
INFORMED DECISION.
WITHOUT HIGH QUALITY CRIMINAL
JUSTICE DATA THAT IS ACCESSIBLE
TO POLICY MAKERS PRACTITIONERS
RESEARCHERS AND THE GENERAL
PUBLIC WE CANNOT ANSWER THESE
QUESTIONS AND WE CANNOT MAKE
INFORMED POLICY.
GOOD AFTERNOON MY NAME IS A
LEASE HELPING TERATOMA VIC I'M
CHIEF PROGRAMME OFFICER SAN
FRANCISCO PRE TRIAL DIVERSION
PROJECT.
WE ARE AN INDEPENDENT NONPROFIT
ORGANIZATION THAT HAS PROVIDED
PRE TRIAL SERVICES TO THE CITY
AND COUNTY OF SAN FRANCISCO
SINCE.
NINETEEN SEVENTY SIX AND WHILE
WE PROVIDE A SPECTRUM OF PRE
TRIAL SERVICES ONE OF OUR MAIN
ROLES IS TO PROVIDE TO THE COURT
TIMELY AND ACCURATE PROCESSING.
OF CRIMINAL HISTORY DATA FOR PRE
TRIAL RELEASE DECISION MAKING.
A IN CONJUNCTION WITH THE
DISTRICT ATTORNEY'S OFFICE
ANOTHER LOCAL CRIMINAL JUSTICE
STAKEHOLDERS AS A PRE TRIAL
IMPLEMENTED THE PUBLIC SAFETY
ASSESSMENT OR THE PSA TOOL IN.
TWO THOUSAND SIXTEEN THE PSA
USES AN ALGORITHM THAT DERIVES A
RIFF SCORE FROM BOTH STATIC AND
DYNAMIC FACTORS INCLUDING THE
INDIVIDUALS AGE INFORMATION
ABOUT THE CURRENT CHARGING
INFORMATION ABOUT CONVICTIONS
AND COURT APPEARANCE FOUND IN
THE INDIVIDUAL'S CRIMINAL
HISTORY.
WELL AS A PRE TRIAL HAS
CONSISTENTLY SCORED OVER 90%
ACCURACY RATES ON THE PSA
VALUATIONS CONDUCTED BY OUR
CRIMINAL JUSTICE PARTNERS.
WE HAVE FOUND THAT RAPSHEETS IN
CALIFORNIA ARE CONSISTENTLY
MISSING DATA INTEGRAL TO THE
ACCURATE COMPLETION OF THE PSA
INFORMATION SUCH AS CASE
DISPOSITION OR CONVICTIONS
FAILURES TO APPEAR AND
SENTENCING INFORMATION.
BECAUSE OF THESE GAPS IN THE
DATA OUR TEAM UTILIZE A SYSTEM
OF PHONE FAX AN ONLINE
INVESTIGATIONS REACHING OUT TO
OTHER COUNTIES TO COLLECT DATA
MISSING FROM THE CALIFORNIA RAP
SHEET.
THIS WORK AROUND IS NOT ONLY
INEFFICIENT BUT IT CAN LEAD TO
DISPARATE OUTCOMES IF SOME
AGENCIES ARE COUNTIES ARE MORE
OR LESS LIKELY TO REPORT
ESSENTIAL DATA POINTS.
THIS IS BECAUSE EACH DATA POINT
AFFECTS THE RISK ASSESSMENT TOOL
AND MAY INCREASE OR DECREASE IN
INDIVIDUALS LIKELIHOOD OF
RELEASED DEPENDING ON THE DATA
REPORTED.
SO CONSISTENT AND RELIABLE
CRIMINAL HISTORY REPORTING
PRACTICES ENHANCE PUBLIC SAFETY
BY ENSURING EQUITABLE AND FAIR
ACCESS TO JUSTICE.
PROCEDURAL JUSTICE THEORY TELLS
US THAT THE PERCEPTION OF
FAIRNESS OF PROCESS THROUGH
TRANSPARENCY AND COMMUNICATION
LEADS TO INCREASED ACCEPTANCE OF
OUTCOMES EVEN NOW COMES NOT
NECESSARILY FAVORABLE TO THE
DEFENDANT.
THIS ACCEPTANCE MEANS MORE
COMPLIANCE WITH COURT ORDERS AND
LESS INSTANCES OF RECIDIVISM.
WE SUPPORT BROAD REFORM IN PRE
TRIAL RELEASE PRACTICES AND
BELIEVE THE INDEPENDENT SAN
FRANCISCO MODEL TO BE A
BENCHMARK FOR EQUITABLE AND FAIR
PRE TRIAL SYSTEMS.
BUT IF THE USE OF RISK
ASSESSMENT TOOLS WILL BE
REQUIRED TO PROVIDE GUIDANCE TO
PRE TRIAL RELEASE DECISION
MAKING OR AS A DETERMINANT IN
IMMEDIATE ATTENTION DECISIONS AS
OUTLINED IN SB.
TEN THEN WE NEED COMPARABLE
MACHINE READABLE AND COMPLETE
BEGINNER.
PERMISSION YES TO INCREASE
EFFICIENCY AND ACCURACY IN THE
PRE TRIAL PROCESS BY PROVIDING A
POTENTIAL FOR AUTOMATION AND
REDUCING THE NEED FOR SOME
PERSON WORKER.
THE BILL.
IS THERE ANYONE ELSE IN.
SUPPORT.
NAME AN ORGANIZATION.
AND WOOD LITTLE WITH
CALIFORNIA'S FOR SAFETY AND
JUSTICE IN SUPPORT THANK YOU.
IT WASN'T SUPPORT ANYONE IN
OPPOSITION.
COULD YOU MAKE ROOM FOR THE
SHARE.
MIKE THANK YOU I'M ON BEHALF OF
THE CALIFORNIA ASSOCIATION OF
RECORD SUPERVISORS WITNESS
RESPECTFULLY.
OPPOSE THIS MEASURE -- I HAVE
SPOKEN TO THE AUTHORS OFFICE AND
DOWN -- WE BELIEVE THAT THE
GOALS OF THE PROPOSED
LEGISLATION ALREADY CALM PLACE
BY REQUIREMENTS UNDER EXISTING
LAW -- CURRENTLY UNDER --
DIRECTION OF THE DOJ LOCAL LAW
ENFORCEMENT AGENCY ARE ARE YOU
REQUIRED TO FILL OUT ITEMIZED
REPORTS AND SUBMIT THE DATA TO
THE MONTHLY ARRESTS AND CITATION
REGISTER.
AND WE'RE NOT SURE WHAT IT
DITION ALL AB RELEVANT OR USEFUL
CRIMINAL JUSTICE DATA WOULD BE
GAINED BY REQUIRING ANOTHER
WEEKLY ITEMIZED REPORT I WOULD
SAY THAT -- WE ARE AT AS THEY
MENTIONED IT IS GREAT TO GET
DATA AND HOW WE ARE AS GOOD AS
THE DATA THAT WE RECEIVE SO WHY
NOT -- ACTUALLY EXPEND A
RESOURCES AND ENERGY ON MAKING
SURE THAT DO THOSE WHO HAVE TO
REPORT TO STATE A HAVE THE
RESOURCES TO DO IT PROPERLY SO
THAT WE GET THE APPROPRIATE DATA
SO WE CAN MAKE APPROPRIATE
DECISIONS SO I THINK I WE SHOULD
ACTUALLY START FROM THE
BEGINNING.
INSTEAD OF TRYING TO CREATE MORE
AND MANDATES AND PROCESSES
OFFERED HIS REASONS RESPECTFULLY
REQUEST YOU KNOW VOTE THANK YOU.
THANK YOU [inaudible]
ANY OTHER.
IN OPPOSITION ANY QUESTIONS FROM
COMMITTEE MEMBERS.
AND YOU MAY CLOSE MISTER BONTA
AND HOPE FOR YOU CAN ADDRESS.
WHAT THE OPPOSITION SURE?
WELL THE I MEAN THERE'S A REPORT
THAT JUST CAME OUT CALL THE
CALIFORNIA CRIMINAL JUSTICE DATA
GAP WHAT'S IRATE MY STAFF AT LAW
SCHOOL AND MISTER BENNETT MUCH
RIGHT HERE THAT.
SAYS THE EXACT OPPOSITE THAT THE
DATA IS NOT COMPLETE IT'S NOT
THOROUGH IT'S NOT COMPREHENSIVE
IT'S INADEQUATE THERE'S GAPS IN
IT.
THAT LEAD TO PUBLIC SAFETY
CHALLENGES THAT LEAD. TO IN
JUSTICE FOR INDIVIDUALS BECAUSE
DATA IS OLDER NOT UPDATED OR
INCOMPLETE.
AND THIS IS SOMETHING THAT I'VE
HEARD FROM ALL.
OF VOICES IN IN THE DISCUSSION
HERE FROM LAW ENFORCEMENT TO
REFORMERS AND EVERYONE IN
BETWEEN THAT THAT WE NEED TO
HAVE A FOUNDATIONAL STARTING
PLACE THAT STARTS WITH WITH GOOD
DATA -- SO IT I RESPECTFULLY
DISAGREE THAT WE ALREADY HAVE
ENOUGH DATA IF IF WE DID -- THEN
WE WOULDN'T HAVE SOME OF THE
PROBLEMS THAT WE HAVE WITH WITH
APPS -- AB.
THE PROJECT THE PAPER PERSONS
LISTA FORCE MEANT -- NOTE GAPS
THAT WE HAVE FOR A AS WE
IMPLEMENT SB TEN WE NEED TO MAKE
SURE WE HAVE THAT AS COMPLETE
COMPREHENSIVE DATA.
AS AS WE CAN -- AND THE LIST
GOES ON SO -- I JUST
RESPECTFULLY DISAGREE AND I
THINK THE REPORTS AND AND THE
AND THE INFORMATION AND EVIDENCE
SHOWS THAT WE CAN REALLY BENEFIT
HERE IN CALIFORNIA FROM MORE
COMPREHENSIVE MORE COMPLETE
[inaudible]
DATA.
THANK YOU -- BUT IT THE CHAIRS
RECOMMENDING I'D MOVE THE BILL
HAS MOVED TO SECOND IT LEADS TO
THE VOTE.
ON AB THIRTEEN THIRTY ONE THE
MOTION IS TO PASS TO THE
APPROPRIATIONS COMMITTEE JONES
SAWYER.
GEN SIR HI LACKEY.
BARRICADE HAN [inaudible]
DEEP KAMLAGER-DOVE.
I KAMLAGER-DOVE I QUIRK
[inaudible]
SANTIAGO [inaudible]
WICKS.
WICKS I BILLS ARE CALLED ME TO
MARK.
THANK YOU MISTER CHAIR THANK YOU
COLLEAGUES THANK YOU STAFF AND
IF YOU SEE THEM.
TELL ME GET DOWN HERE.
I GOT AROUND [inaudible]
MR LOPEZ.
AB THREE NINE ONE ITEM NUMBER.
EIGHT CHAIR COLLEAGUES I WOULD
LIKE TO PRESENT TO YOU AB THREE
NINETY ONE THAT ENABLES VEHICLE
RENTAL COMPANIES TO REPORT
THEFTS AS VEHICLES BECOME OVER
DO.
RATHER THAN BEING REQUIRED TO
WAIT FIVE DAYS AFTER THE VEHICLE
RETURN DATE.
VEHICLE THEFT IS UNIQUE IN THE
SENSE THAT ANY WASTED TIME AND
REPORTING PROCESS ALLOWS THE
CRIMINAL TO GEOGRAPHICALLY
DISCONNECT FROM THE SCENE.
MOTIVATION FOR AUTOMOBILE THEFT
IS HIGHER WHEN THERE'S A FIVE
DAY GRACE PERIOD GIVEN.
LEAVING PLENTY OF TIME TO FLEE
THE SCENEDISABLE THE GPS
DISMEMBER THE VEHICLE FOR SALE
WHEN FRAUD IS DISCOVERED IT IS
IMPORTANT AT THE LAW ENFORCEMENT
IS NOTIFIED IMMEDIATELY RATHER
THAN WAITING UNTIL THE FIVE DAYS
EXPIRE.
AT THE EXPIRATION OF THE RENTAL
CAR LEASE.
UNDER THIS BILL THE FIVE DAY
WAITING PERIOD WILL BE MINIMIZED
THE FORTY EIGHT HOURS IN ORDER
TO ENSURE THAT PROPER PROCEDURES
ARE CONDUCTED. TO ENSURE BOTH
SAFETY AND UNDERSTANDING BETWEEN
THE RENTAL CAR AGENCY AND THE
RENTER OF THE VEHICLE.
I ACCEPT THE COMMITTEE
AMENDMENTS AND WITH THIS SAID
COLLEAGUES I ASK YOU TODAY TO
SUPPORT THIS BILL THAT SIMPLY
EXPEDITES IMPROVES THE SYSTEM OF
TRACKING DOWN STOLEN CARS.
THANK YOU ARCTIC ANY OTHER
WITNESSES IN SUPPORT.
ANY WITNESSES OPPOSITION.
MARGOT GEORGE FOR THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION IN
OPPOSITION I WANT TO THANK THE
AUTHORS AND THE AUTHOR STAFF FOR
THE DISCUSSIONS WE HAD ABOUT THE
BILL -- THE REASON WE'RE
OPPOSING THIS IS BECAUSE THAT IT
WILL LEAD TO MORE REST OF
INNOCENT PEOPLE -- MINOR DELAYS
AND RETURNING RENTAL CARS OR IN
A FAIRLY COMMON OCCURRENCE AND
HAVE HISTORICALLY BEEN DEALT
WITH BY ADDITIONAL RENTAL
CHARGES.
AND LATE FEES AND AB THREE
NINETY ONE WOULD TURN THESE
DELAYS AND TO A CRIMINAL LAW
EVENT -- IN IT WILL
EXPONENTIALLY INCREASE THE RISK
BAD HONEST CONSUMERS WILL BE
SUBJECT TO DANGEROUS
INTERACTIONS WITH THE POLICE
OFFICERS.
WHO WOULD THEN BE BASICALLY
REQUIRED TO ACT AS REP REPO MEN
FOR THE CAR RENTAL INDUSTRY --
THIS IS NOT A SORT OF
SPECULATIVE RISK THERE HAS BEEN
A VERY -- THERE WAS AN ARTICLE
LAST YEAR ABOUT HERTZ I AND
THEIR RENTAL CAR.
COMPUTER SYSTEM MALFUNCTIONING
WHICH LED TO THE ARREST OF AT
LEAST SIX PEOPLE.
IN -- WISCONSIN PENNSYLVANIA
KENTUCKY TEXAS IN INDIANA EVEN
THOUGH ALL OF THOSE CUSTOMERS
WERE CURRENT ON THEIR PAYMENTS.
IN ONE OCCASION A WOMAN WHO WAS
DRIVING HER RENTED CHEVY YUKON
WHEN SHE WAS STOPPED IN ORDERED
OUT OF THE CAR IN PENNSYLVANIA
AT GUNPOINT.
BY TROOPERS.
THE CAR RENTAL CAR COMPANY HURTS
HAD REPORTED THE CAR STOLEN.
WHEN THE TROOPERS CALLED THE ONE
EIGHT HUNDRED HERTZ NUMBER THE
COMPANY ADMITTED ITS MISTAKE?
BUT BECAUSE OF THE STATE POLICE
POLICY.
ARE THEY HAD TO IMPOUND THE
VEHICLE AND THEY LEFT HER IN HER
PASSENGERS STRANDED.
AT A FAST FOOD RESTAURANT --
THIS WAS NOT THE END OF HER
ORDEAL.
A MONTH LATER SHE WAS PULLED
OVER IN A DIFFERENT CAR.
IN NEW JERSEY -- AN ORDERED OUT
OF HER CAR AND ARRESTED FOR
GRAND THEFT AUTO OF THE SAME
HURTS CHEVY YUKON THEY HAD NOT
TAKEN IT OUT OF THE COMPUTER
SYSTEM.
SHE WAS HELD IN JAIL FOR TWELVE
DAYS WHERE SHE WAS SEXUALLY
ASSAULTED AND BEATEN.
UP FINALLY THE JUDGE THROUGH THE
CHARGES AGAINST HER OUT AND A
CIVIL JURY RETURNED A VERDICT
AGAINST HURT.
AND AWARDED THE WOMAN DAMAGES
SHE CLAIMS SHE REMAINS
TRAUMATIZED FROM EXPERIENCE
ACCORDING TO THE NEWS ARTICLE
FROM A BLUE IS ABC -- THERE WERE
SEVERAL OTHER INCIDENTS THAT
WERE DETAILED WITH PEOPLE
ACTUALLY BEING ARRESTED.
AND EVEN WITHOUT COMPUTER
GLITCHES -- A CONSUMER A RENTAL
CAR CUSTOMER WHO MIGHT REACH
PLAN TO RETURN THE CAR ON FRIDAY
BUT WAS UNABLE TO DO SO BECAUSE
OF ILLNESS OR SOME OTHER
EMERGENCY.
WOULD IMMEDIATELY FACE ARRESTS
CRIMINAL CHARGES AND
PROSECUTIONS SINCE SIMPLY WHEN
THEY RETURN THE CAR ON SUNDAY
AFTERNOON.
WE ASK FOR YOUR NO VOTE BECAUSE
AB THREE NINETY ONE WOULD
CRIMINALIZE INNOCENT CONDUCT.
THREATENS THE SAFETY OF
CALIFORNIAN CONSUMERS.
AND FORCES LAW ENFORCEMENT TO
ACT AS ENFORCERS FOR THE RENTAL
CAR INDUSTRY THANK YOU
[inaudible]
THANK YOU.
ARE THERE ANY OTHER WITNESSES IN
OPPOSITION ANY QUESTIONS FROM.
COMMITMENT.
SYDNEY HI.
GOV THANK YOU MISTER CHAIR I
JUST HAVE A QUESTION -- THE YOU
KNOW MANY OF US PROBABLY TAKE --
RENTAL CARS OR RENT RENTAL CARS
WITH WHEN WE'RE ON VACATION
FAMILY VACATIONS ETCETERA SO I
GUESS MY QUESTION IS.
IF I AM RENTING A CAR AND I'M
DRIVING.
TO JAZZ STAR WHEREVER TO
VACATION WITH MY FAMILY AND LIKE
ALL THINGS DISCUSSIONS HAPPENING
YOU END UP EXTENDING YOUR STAY.
AND YOU DON'T NECESSARILY CALL
THE RENTAL COMPANY BECAUSE
YOU'RE THINKING ABOUT THE HOTEL
THE FOOD THAT KIDS THE LAUNDRY
EXCITER ACCENT OR A BUT YOU KNOW
THAT YOU HAVE YOUR CREDIT CARD
ON FILE AND OF COURSE YOU ARE
INTENDING TO BRING IT BACK -- IF.
THIS BILL WERE A LOT AND I DID
NOT RETURN THE CAR WHEN I SAID I
WOULD BECAUSE I WAS GOING TO
EXTEND MY VACATION -- WHAT I
THEN SORT OF POTENTIALLY
[inaudible]
BE CRIMINALIZED.
IN ANSWER IN TO THAT.
MOST OF YOUR RENTAL AGENCIES ON
WILL NOT.
USE THIS [inaudible]
UNLESS THEY COMPLETELY BELIEVE
THAT THIS CAR'S BEEN STOLEN.
BECAUSE IT WOULD BE RIDICULOUS
FOR THEM.
TO USE THIS HEAVY HANDEDLY
BECAUSE YOU WOULD BASICALLY
ALIENATE YOUR CUSTOMER BASE SO
THE PURPOSE OF THIS BILL.
IS FOR THOSE CARS THAT ARE
STOLEN [inaudible]
AND IF YOU ARE A CUSTOMER OF A
RENTAL CAR AGENCY USUALLY YOU'RE
A REPEAT CUSTOMER UNLESS YOU'RE
A NEW.
ONE MANY TIMES NEW CUSTOMERS.
WOULD BE MOTIVATED TO STEAL A
CAR OR IT COULD BE STOLEN OUT OF
YOUR HOTEL.
PARKING SPOT IN WHICH CASE YOU
WOULD REPORTED.
ON IN TODAY'S WORLD OF INSTANT
COMMUNICATION THE RENTAL CAR
COMPANIES GOING TO TEXT YOU CALL
YOU.
AND BASICALLY KNOW WHERE YOU'RE
AT WHAT YOU'RE DOING SO IF YOU
DID FORGET.
TRUST ME THEY'LL BE REMINDING
YOU BECAUSE THEY DON'T WANT TO
USE THIS -- IN A HEAVY HANDED
WAY.
ANY OTHER QUESTIONS WILL.
YOU MAY CLOSE.
I RESPECTFULLY REQUEST A YES
VOTE.
OKAY INSIDE I'M RECOMMENDING A
AYE BECAUSE I'VE.
A PERSONAL EXPERIENCE WITH A CAR
RENTAL GROUP WHOSE NAME I WON'T
MENTION ENTERPRISE WILL NEVER
USE AGAIN [inaudible]
I WENT. TO MY DAUGHTER'S
GRADUATION VIRGINIA.
THEN DROVE TO NEW YORK TO RETURN
THE CAR ON BUSINESS.
SOMEHOW THEY COULDN'T FIND A CAR
IN NEW YORK THREE MONTHS LATER.
AFTER ENJOYING CHARGING ME.
EVERY MONTH I HAD A TWO THOUSAND
FIVE HUNDRED DOLLAR BILL.
INTO YOUR POINT.
THEY WERE MORE INTERESTED IN
CHARGE YOU MEAN EVERY DAY UNTIL
I FOUND THAT CAR SINCE AND A LOT
IN NEW YORK SOMEBODY HAD A MIX
UP.
BUT THE RENTAL CAR COMPANY DEBT
I'M NOT GONNA MENTION ENTERPRISE
KEPT CHARGING ME.
EVERY DAY -- MISSING MIGHT BE
MORE THEY WERE MORE CONCERNED
ABOUT.
RACKING UP MONEY ON MY CREDIT
CARD THEN ANY BAND.
THE CAR WAS STOLEN -- SO AND SO
OF THE CHURCH RECOMMEND I VOTE.
BUT CERTAINLY IT CAN WE HAVE A
MOTION BUT I'M AB THREE NINETY
ONE THE MOTION IS TO PASS TO THE
APPROPRIATIONS COMMITTEE JONES
SAWYER.
GEN SIR HI LACKEY [inaudible]
BAUER-KAHAN [inaudible]
DEEP [inaudible]
KAMLAGER-DOVE.
KAMLAGER-DOVE NOT VOTING QUIRK
[inaudible]
SANTIAGO [inaudible]
WICKS [inaudible]
WICKS I MEASURE ON CALL WE NEED.
SOME MORE MEMBERS HERE.
ITEM NUMBER SEVEN AB THREE SIX
TWO EGGMAN.
EVERY YEAR IT GOOD AFTERNOON YES
MISTER CHAIR AND MEMBERS -- I'M
HERE TODAY TO PRESENT AB THREE
SIXTY TWO WHICH WILL BE A
FAMILIAR ISSUE FOR MOST OF YOU
AND I'D LIKE TO START OFF BY.
ACCEPTING THE COMMITTEE
AMENDMENTS -- THIS BILL WILL
ALLOW SAN FRANCISCO TO PILOT AN
OVERDOSE PREVENTION PROGRAM --
WHICH WILL BE VERY DIFFERENT
FROM THE DEROGATORY NAMES SOME
THAT YOU MAY HEAR FROM SOME OF
THE OPPONENTS.
PROGRAMS PILOTED UNDER THIS BILL
WILL ALLOW ADULTS TO CONSUME
CONTROLLED SUBSTANCES IN THE
CLINICAL SETTING AND UNDER THE
DIRECT SUPERVISION OF STAFF
TRYING TO PREVENT AND TREAT DRUG
OVERDOSE.
PROVIDE MATERIAL TO PREVENT THE
TRANSMISSION OF COMMUNICABLE
DISEASES INCLUDING HIV AND
HEPATITIS C..
N. TO RIDE ACCESS TO DRUG
TREATMENT HOUSING MEDICAL CARE
AND OTHER SERVICES -- THIS BILL
HAS A SIX YEAR SUNSET AND
REQUIRES ANNUAL REPORTING TO THE
LOCAL GOVERNMENT ON IMPACTS OF
THE NUMBER OF PEOPLE IN THE
PROGRAM.
NUMBER PEOPLE REFER TO DRUG
TREATMENT AND OTHER MEASURES --
BUT I'M ASKING YOU TODAY IS TO
VOTE FOR POLICY THAT HAS BEEN
PROVEN OVER DECADES TO SAVE
LIVES ELIMINATE THE RISK OF
OVERDOSE REDUCE THE SPREAD OF
HIV AND HEPATITIS C..
A POLICY THAT RESEARCH AND
EVIDENCE SHOWS GETS PEOPLE INTO
TREATMENT GET SOME CONNECTED
WITH HEALTH AND SOCIAL SERVICES
AND GET SOME OFF DRUGS ENTIRELY.
PROGRAMS LIKE THIS HELP.
WE WE ALL OF US HAVE AN ISSUE
WHEN WE WALK AROUND WE SEE
PEOPLE ON THE STREETS OPENLY
USING WE SEE OVERDOSES HAPPENING
WE GO TO THE EMERGENCY ROOMS AND
THEY'RE OVERLOADED -- PEOPLE ARE
LOCKED UP IN JAIL THERE IS A
BETTER MORE HUMANE WAY.
THIS BILL IN NO WAY CONDONES
DRUG ABUSE BUT WE ACKNOWLEDGE
THE REALITY OF WHAT IS HAPPENING
AROUND US WE NEED EVERY TOOL IN
OUR TOOLBOX TO COMBAT THE DRUG
ADDICTION CRISIS THAT WE HAVE IN
FRONT OF US.
THIS IS A HUMANE STEP TOWARDS.
AND RESURGENT EVIDENCE BASE
TOWARDS GIVING PEOPLE ONE MORE
OPTION ON THE STREET EVERY LIFE
DESERVES RESPECT AND DIGNITY AND
WE THINK THIS BILL DOES THAT --
WITH ME HERE TODAY IS OUR TO OUR
DOCTOR DAVID KAHN AND WE CUT
EASTON ICE AN A AND R. THOMAS IS
ALSO HERE FOR THE DRUG POLICY
ALLIANCE IF THERE ARE ANY
QUESTIONS THAT SHE CAN ANSWER.
THANK YOU.
LOW UP MY NAME IS DOCTOR DAVID
KAHNEMAN ADDICTION PSYCHIATRIST
I HAPPEN TO WORK FOR THE CITY
AND COUNTY OF SAN FRANCISCO AND
I'M HERE ON BEHALF OF THE
CALIFORNIA SOCIETY OF ADDICTION
MEDICINE.
WHICH IS THE STATE CHAPTER OF
THE AMERICAN SOCIETY OF
ADDICTION MEDICINE.
SEE SAM FOR SHORT IS A CO
SPONSOR THIS BILL AND WE
STRONGLY SUPPORTED -- CCM
REPRESENTS OVER FIVE HUNDRED AND
FIFTY PHYSICIAN AND ALLIED
HEALTH PROFESSIONAL MEMBERS --
DEDICATED TO BEING THE VOICE FOR
TREATMENT.
AB THREE SIXTY TWO WILL IMPROVE
ACCESS TO CARE ONE OF THE
DEMONSTRATED A FAX OF SAY
CONSUMPTION SIGHTSEERS HARM
REDUCTION FACILITIES THAT MORE
AND MORE PEOPLE GET INTO
TREATMENT AS A RESULT OF A
HEALTHY INTERACTION WITH A
HEALTHCARE PROFESSIONAL.
NOBODY IS EVER OVERDOSED IN A
HARM REDUCTION SITES SUCH AS
THIS.
IMPORTANTLY WE ALSO SEE NO
INCREASES IN CRIME OR DRUG
DEALING AS A RESULT OF THESE
TYPES OF PROGRAMS AND BECAUSE
THIS IS THE SAFETY COMMITTEE
WHAT I WANTED TO SPEAK TO SAFETY
SPECIFICALLY.
WE SEE A SIGNIFICANT DECREASE
AND CARELESSLY DISCARDED --
NEEDLES ON THE STREET SO THAT
PEOPLE CANNOT BE THAT -- THE
VICTIM OF AN ACCIDENTAL NEEDLE
STICK.
AND WHAT WE SEE IS THAT MORE
PEOPLE STOP USING DRUGS IN AN
OUTDOOR SETTING WHICH NOBODY
WANTS EITHER THE DRUG USER THE
PUBLIC THE POLICE.
OR THE GOVERNMENT.
LET ME BE CLEAR THAT THIS BILL
IS VERY SPECIFIC IT IS SELECTED
TO SAN FRANCISCO AND SAN
FRANCISCO ONLY.
AND THERE WILL BE OTHER
WITNESSES SPEAKING TO THE WILL
OF THE CITY IN SUPPORT OF THIS
BILL.
SAVE CONSUMPTION SITES WILL
REDUCE LITTER IT WILL INCREASE
ACCESS TO TREATMENT AND BE A
BENEFIT AND MOST IMPORTANTLY AS
AN ADDICTION PSYCHIATRIST THIS
IS AN OPPORTUNITY TO REACH THE
PEOPLE WHO NEED THE SERVICE MOST.
I WORRY MUCH MORE ABOUT THE
PATIENT WHO IS NOT IN CARE THEN
THE PERSON WHO IS IN CARE.
THIS BILL PROVIDES THE
OPPORTUNITY FOR PEOPLE WHO NEED
IT THE MOST TO GET INTO CARE.
THANK YOU FOR TAKING LISTEN TO
ME.
GOOD AFTERNOON MY NAME IS VICTOR
EYES IN ON THE C. E. O. FOR
HEALTH RIGHT -- THREE SIXTY WARY
OF ONE OF THE LARGEST SUBSTANCE
USE DISORDER TREATMENT
ORGANIZATIONS IN CALIFORNIA
SERVING LOW INCOME POPULATION.
WERE BASED IN SAN FRANCISCO BUT
WE HAVE PROGRAMS IN MANY OF YOUR
DISTRICTS -- AND WE'RE A CO
SPONSOR OF THIS BILL I'M ALSO ON
THE BOARD OF CAN'T BE WHICH IS
THE STATE ASSOCIATION OF
ADDICTION TREATMENT PROVIDERS.
FINALLY I AM A PERSON -- IN LONG
TERM RECOVERY I'M A FORMER
INJECTION HER WHEN USER FORMALLY
HOMELESS I DID PROBABLY A LITTLE
TOO MUCH RESEARCH FOR MY JOB.
BUT AT THAT AT ANY RATE I WANT
TO DRESS IN SPECIFIC -- THREE
MINUTES THAT ARE THAT ARE COMMON
ABOUT THIS BILL AND SOME OF
WHICH WERE IN GOVERNOR BROWN TO
VETO MESSAGE FOR THE LAST
ITERATION OF THIS BILL.
AND THE FIRST IS THAT PROGRAM
SUCH AS THIS ENABLE DRUG USE --
AND I THINK IN HIS.
IN THE GOVERNOR'S VETO MESSAGE
HE SAID THESE WERE ALL
CHARACTERISTIC -- AS I WANT TO
TALK A LITTLE BIT ABOUT WHAT WE
UNDERSTAND ABOUT ADDICTION AND
PEOPLE IN WHO THIS BILL IS
TARGETING SERVICES -- FOR THE
PEOPLE THERE IS A BELIEF THAT IF
WE MAKE PEOPLE REALLY REALLY
MISERABLE OR WE LOCK THEM UP
THAT'S GOING TO GET THEM INTO
TREATMENT THAT SOME MYTH AROUND
HITTING BOTTOM.
IS WHAT DRIVES PEOPLE TO
TREATMENT THEY WILL TELL YOU
FROM LITERALLY DECADES OF
EXPERIENCE -- THAT THAT --
DESPAIR AND MISERY DOES NOT
DRIVE PEOPLE INTO TREATMENT.
ALL IT EVER HAS DONE USING
COERCION IS EXPLODER CRIMINAL
JUSTICE SYSTEM BILL OF OUR
PRISONS PARTICULARLY.
WHICH IS HAD DEVASTATING IMPACT
ON COMMUNITIES OF COLOR IN
PARTICULAR.
IT'S REALLY HOPE.
AND PERSONAL RELATIONSHIPS
ENGAGEMENT THAT MOVE PEOPLE INTO
TREATMENT AND SO SITES SUCH AS
THE OVERDOSE PREVENTION SITES
SUCH AS THIS ALLOWS US TO ENGAGE
PEOPLE TO REALLY EARLY LEVEL AND
THEN BE ABLE TO MOVE THEM ALONG.
INTO A CONTINUUM OF CARE.
THE SECOND MYTH IS THAT SITES
SUCH AS THIS ATTRACT A CRIMINAL
ELEMENT.
OR A CREATE KIND OF CRIME OR
MIGHT LEAD TO DO YOU A D. WEISS.
AND SO I WILL TELL YOU FOR ONE
THING THERE ARE PEOPLE PUBLICLY
USING DRUGS IN AN UNSUPERVISED
WAY IN OUR COMMUNITIES AND AND
SO THERE ARE ALWAYS CONCERNS
THAT PEOPLE -- MADE MAYBE MAY
OPERATE VEHICLES WITH OR WITHOUT
THE SITES WITH THESE SITES OFFER
THESE OVERDOSE PREVENTION SITES.
IS THE ABILITY TO OBSERVE PEOPLE
PRIOR TO THEM LEAVING AND GOING
BACK OUT INTO THE COMMUNITY
WHICH PUBLIC DRUG USE DOES NOT
ALLOW -- FOR THE TREATMENT
PROGRAMS THAT WE OPERATE
TYPICALLY HAVE VERY VULNERABLE
PEOPLE WHO COME TO THEM WERE
VERY.
AMBIVALENT ABOUT BEING IN
TREATMENT.
SOMETIMES THEY WANT TO BE THERE
AND SOMETIMES THEY DON'T.
SO YOU WOULD THINK WE WOULD
ATTRACT A WHOLE LOT OF DRUG
DEALERS WILL BE LIKE A RIGHT
PLACE TO RECRUIT DRUG USE.
BUT IN FACT IN EVERY INSTANCE WE
IMPROVE THE COMMUNITIES WHERE WE
OPERATE -- BOTH DIFFICULT THE
JUDGE GENERAL QUALITY OF LIFE I
THINK THAT IS NOT EVER BEEN
PROVEN TO BE TRUE AND FINALLY.
OF THIS IS PRESENTED THE
OPPONENTS TO THIS BILL PRESENTED
IS A FALSE CHOICE WE SHOULD
SUPPORT TREATMENT.
AND NOT THIS AS A SUPPORTING
THIS IS ANTI TREATMENT BUT THOSE
OF US WHO WORK IN THE TREATMENT
FIELD.
UNANIMOUSLY SEE THIS AS A EARLY
ENGAGEMENT AND PART OF TREATMENT
WE DO NOT SEE THIS IS SOMETHING
THAT IS SEPARATE FROM -- AND SO
I ASK THAT WE CONSIDER -- TAKING
A BOLD MOVE IN THE FACE OF A OF
A NATIONAL CRISIS AND SUPPORT
THIS BILL.
THANK YOU [inaudible]
ANY [inaudible]
YOUR I'M HAPPY TO ANSWER
QUESTIONS IF THERE ARE ANY BUT
OTHERWISE LARA THOMAS OF THE
DRUG POLICY ALLIANCE WE'RE PROUD
TO BE A SPONSOR OF THIS BILL.
THANK YOU.
NAME AN ORGANIZATION.
CATTY BURKE WITH THE HEALTH
OFFICER'S ASSOCIATION OF
CALIFORNIANS STRONG SUPPORT.
MARCO GEORGE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION IN SUPPORT.
JIM LIMBURG ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
CALIFORNIANS STRONG SUPPORT.
AS CHAIR MEMBERS ROBERT HARRIS
ON BEHALF MESSY YEAH YOU'RE
CALIFORNIA OUR PUBLIC HEALTH
WORKERS.
AND MOST IMPORTANTLY THE SEVEN
HUNDRED THOUSAND FAMILIES THAT
WE REPRESENT.
IN SUPPORT.
REMEMBER KATHY MUST WITH THE SAN
FRANCISCO AIDS FOUNDATION IN
SUPPORT.
HI ERIN MCCAFFREY FROM MAYOR
LONDON BREEDS OFFICE SITTING
COUNTY SERVICES CO IN SUPPORT
AND REALLY APPRECIATE THE AUTHOR
ASSEMBLYMEMBER ADMINS LEADERSHIP
ON THIS IMPORTANT BILL THANKS
MUCH THANK YOU.
RESIDENTS ALSO MAY HAVE A THE
NATIONAL ASSOCIATION OF SOCIAL
WORKERS IN STRONG SUPPORT THANK
YOU THANK YOU.
GOOD AFTERNOON GOING BACK IS FOR
ELLA BAKER CENTER FOR HUMAN
RIGHTS IN STRONG SUPPORT THANK
YOU.
GOOD AFTERNOON MARIA MCKEE FROM
THE SAN FRANCISCO DISTRICT
ATTORNEY'S OFFICE IN STRONG
SUPPORT THANK YOU.
KATHY SURE FOR THE ACLU OF
CALIFORNIANS STRONG SUPPORT
THANK YOU.
UP AND NOW A WIN IN OPPOSITION
TO THE BILL.
DO NOT LET ANYONE TELL YOU.
GOOD AFTERNOON MISTER CHAIRMAN
RESOLUTION MUCH LOBBY HAVE THE
CALIFORNIA STATE SHERIFFS
ASSOCIATION IN OPPOSITION I'M
JUST SAD REARING WHAT -- HOW
GOVERNOR I BROWN TO VETO THE
BILL LAST YEAR AND HIS REMARKS
IN HIS VETO MESSAGE THANK YOU
[inaudible]
THANK YOU.
I'M WAITING IN.
HOW MANY TODAY?
JOHN LEVEL ON BEHALF OF THE
CALIFORNIA NARCOTICS OFFICERS
ASSOCIATION.
THE ASSOCIATION OF DEPUTY
DISTRICT ATTORNEYS CALIFORNIA
ASSOCIATION CODE ENFORCEMENT
OFFICERS CALIFORNIA COLLEGE AND
UNIVERSITY POLICE CHIEFS
ASSOCIATION.
AND THE LA COUNTY PROFESSIONAL
PEACE OFFICERS ALL THE AND
OPPOSITION.
WE WOULD COMMAND TO EACH OF YOU.
THE VERY FOUGHT FULL VETO
MESSAGE OF GOVERNOR BROWN.
BECAUSE THAT MESSAGE REALLY
HIGHLIGHTS.
THE DEFICIENCIES IN THIS VERY
WELL INTENDED BILL.
MISSING FROM THIS BILL.
IS A COG NICE DOUBLE TREATMENT
STRATEGY [inaudible]
AND TO IT. TO ACCEPT THE NOTION
THAT.
AN ABSENCE OF A TREATMENT
STRATEGY WILL SOMEHOW BE OKAY IS
IT IS A TRAGIC MISTAKE -- I HAVE
PERMISSION TO SAY THIS -- MY
WIFE IS RECOVERING ADDICT AN
ALCOHOLIC ON APRIL FOURTH SHE
CELEBRATED FOR THIRTY FOUR YEARS
GRADUALLY SOBRIETY -- WE'VE
TALKED ABOUT THIS BILL A LOT --
AND A NUMBER OF THINGS THAT SHE
IS SAID FIRST OF ALL SHE DID
SOME RESEARCH ON INSIGHT IN
CANADA -- SINCE INSIDE HAS BEEN
IN PLACE.
THE NUMBER OF OVERDOSE DAY --
OVERDOSE.
DOES DEATHS IN VANCOUVER HAVE
ACTUALLY GONE UP.
AND THE REASON FOR THAT IS THAT.
ALEX DON'T EXCLUSIVELY USE
INSIDE THERE ALSO SHOOTING UP --
IN THE ADJACENT AREA IF YOU LOOK
AT THE ADJACENT AREA IT HAS
BECOME A MAGNET. FOR SOCIAL
DYSFUNCTION -- AND YES DEALERS
DO SHOW UP IN THAT AREA BECAUSE
THAT'S WHERE THEIR CUSTOMER BASE
IS.
MISSING FROM THIS BILL HE IS ANY
DISCUSSION OF METHADONE
REPLACEMENT THERAPY.
MISSING FROM THIS BILL IS ANY
REAL TRACK TO GET PEOPLE TO
TREATMENT THIS.
BY NINE WELL THERE'S TREATMENT
AVAILABLE SOMEWHERE HAVE A NICE
DAY.
IT IS AS MY WIFE SAID. TO
SUGGEST TO THAT.
THIS WILL GET PEOPLE TO
TREATMENT.
WOULD BE LIKE SUGGESTING THAT WE
BEGIN AN A A MEETING WITH THE
HAPPY HOUR -- IT'S JUST NOT
GOING TO WORK -- METHADONE
TREATMENT AS AN ALTERNATIVE
THERE ISN'T EVEN ANYTHING IN
THIS BILL.
THAT PROVIDES FOR MAKING SURE
WHEN SOMEONE HAS SHOT UP.
THAT THEY AS THEY LEAVE ART SO
IMPAIRED THAT THEY'LL HURT
THEMSELVES OR HEARD OTHERS.
THIS BILL WILL ENABLE -- AND WE
WOULD SUGGEST THAT WE LOOK
SERIOUSLY ALL OF US IN A PROBLEM
SOLVING WAY.
AMENDING THIS BILL TO REFLECT
THE FONTS IN GOVERNOR BROWN'S
VERY THOUGHTFUL.
OF VETO OF THIS -- WE OPPOSE
THIS BILL AND WE HOPE THAT.
AS IT.
CONTINUES TO PROCEED THROUGH THE
PROCESS THAT THAT DISCUSSION
BEGINS TO TAKE PLACE BECAUSE
IT'S ABSENT FROM THE BILL RIGHT
NOW.
THANK YOU.
ANY OTHER WITNESSES IN
OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS.
YES KAMLAGER-DOVE I THANK YOU
FOR BRINGING THIS BILL FORWARD
AND THANK YOU FOR YOUR COMMENTS --
ABOUT THE CHALLENGES BUT SINCE
IT IS. FOR JUST THE CITY AND
COUNTY OF SAN FRANCISCO I MEAN
MY ASSUMPTION IS THAT IF IT'S
IMPLEMENTED AND IT DOESN'T WORK
THEN THEY CAN BE STOPPED I MEAN
I CAN ALWAYS RIGHT NOW I TRY TO
LOOK FOR PERFECTION OR A SILVER
BULLET.
SOMETIMES YOU HAVE TO HAVE SOME
MRS IN ORDER TO FIGURE OUT A
BETTER WAY TO GET TO THE SUCCESS
SO AM I MISS UNDERSTAND THAT
THAT IS CORRECT IS.
CURRENTLY WHAT WE'RE I MEAN WHAT
WE'RE DOING RIGHT NOW WE KNOW
THERE ARE MAJOR GAPS AND THINGS
AREN'T WORKING -- THIS IS A HAS
A SECURE SUNSET ON IT IT
REQUIRES AN ANNUAL REPORT BACK
TO SAY HOW IT'S WORKING SO WE
CAN CONTINUE TO DO ASSESSMENTS
AND ADJUSTMENTS AS NEEDED.
AND IF THE COURT YEAH -- I
BELIEVE A NUMBER OF THE THANKS
REYES BY THE OPPOSITION.
WELL FIRST OF ALL I'M VOTING FOR
THE BELL A NUMBER OF THINGS
REYES BY THE OPPOSITION OR
GENUINE CONCERNS BUT FOR EXAMPLE.
I REALLY THINK THAT THE CITY AND
COUNTY OF SAN FRANCISCO WILL IN
FACT CHECK THAT AS PEOPLE LEAVE
THAT THEY'RE ABLE.
TO NOT BE A PROBLEM FOR
THEMSELVES OR OTHERS SO I'M VERY
MUCH IN SUPPORT AND I'D LIKE TO
MOVE THE BELL.
MET MET MR QUIRK THE ONE COMMENT
ABOUT NUMBER COMMENT I'M SORRY.
THANK YOU -- ANYMORE QUESTIONS
FROM COMMITTEE MEMBERS.
YOU MAY CLOSE.
THANK YOU VERY MUCH COMMITTEE
AND AND I APPLAUD MR LEVELS
WIFE'S LONG TERM SOBRIETY BUT
WHAT WE CALL THAT IS ANECDOTAL
INFORMATION AND ANECDOTAL
RESEARCH THAT SHE HAS CONDUCTED
WHICH IS WHICH IS WHICH IS GOOD.
BUT WE'VE HAD PROFESSIONAL
SITTING HERE WITH A LIFETIME OF
LOOKING AT THIS FROM A MULTITUDE
OF ANGLES AND THEY HAD STRONG
RESEARCH TO BACK IT UP -- SO I
RESPECTFULLY ASK FOR YOUR AYE
VOTE AGAIN WE SEE THIS AS HARM
REDUCTION WE SEE THIS AS THE
FIRST CONTINUUM OF CARE -- AND
THIS IS THE WAY IT.
WORKS IN RESPECTFULLY ASK FOR
YOUR I WORK THANK YOU AND A NEW
NO LIFE.
A PROBABLY GUILTY OF LABELING
THIS PROGRAM IN A SARCASTIC
MANNER RIGHT I WON'T REPEAT ANY
OF ANY OF THAT -- BUT ONE OF THE
THINGS THAT I HI AND I'LL SAY IT
AGAIN.
YOU HAVE TO GET OUT FRONT.
THE REHABILITATION PART OF THIS
AND THAT ONCE YOU WALK ME
THROUGH.
THAT THEY JUST DON'T WALK IN THE
DOOR AND DO ACTS.
THEIR SOCIAL WORKERS.
DRUG REHABILITATION TO DATE
THERE'S A THERE'S A WHOLE MYRIAD
OF PEOPLE THAT I DON'T SAY
POUNCE ON HIM BUT THEY CAN THEY
CAN ACCESS WHEN THEY WALK IN
IT'S NOT JUST ABOUT.
HAVING.
ACCESS.
TO A CLEAN EXPERIENCE DEALING
WITH A SO THEY DON'T DIE.
THAT'S PART OF IT BUT I I GET
THE FEELING IS A SMALL PART OF
IT AND WHAT YOU'RE REALLY DOING
IS.
HOPEFULLY DOING SOMETHING --
LOOKING AT SOME OF THE
INCORPORATING SOME OF THE THINGS
THAT ON THE OPPONENTS ARE
TALKING ABOUT WHERE IT'S
APPROPRIATE BECAUSE YOU CAN'T
JUST HAVE. ONE ONE SIZE FITS ALL
SO -- THE CHURCH RECOMMENDING
AYE VOTE.
LETTING YOU MAKING SURE THAT.
WHEN YOU AS YOU GO FOR IT YOU
TALK ABOUT ALL THE
REHABILITATIVE THINGS THAT YOU
YOU DO OFFER INSIDE?
ON AB THREE SIXTY TO THE MOTION
IS TO PASS AS AMENDED JONES
SAWYER GEN SIR I LACKEY.
LACKEY NO BARRICADE HAND.
DEEP.
KAMLAGER-DOVE HI KAMLAGER-DOVE I
QUIRK.
QUIRK I SANTIAGO.
WICKS HI WICKS I MEASURES ON
CALL NEEDS ONE MORE [inaudible]
THANK YOU [inaudible]
AND I BELIEVE MISTER BURROUGHS
IN THE HOUSE.
AB.
SIX TWENTY FIVE ITEM NUMBER.
FOURTEEN THANK YOU MISTER CHAIR
MEMBERS.
AB SIX ONE FIVE WOULD INCREASE
PENALTIES FOR PATIENT BROKERING
IN TWO THOUSAND SIXTEEN OVER
NINETEEN HUNDRED CALIFORNIANS DI
DID OPIOIDS.
DRUG OPIATE OVERDOSE IS ARE
CURRENTLY IN A TOP ALL TOP
TWENTY CAUSES OF DEATH STATEWIDE.
TAKE PATIENT BROKERS AS SEEN
THIS EPIDEMIC AS AN OPPORTUNITY
TO TAKE ADVANTAGE OF A
VULNERABLE POPULATION.
IN MY HOME COUNTY OF ORANGE WE
SEE A DALY TOLD THIS TAKES ON
THE COMMUNITIES AND LIVES
AFFECTED BY THE CRISIS.
HAITIAN BROKER OCCURS WHEN A
REHAB CENTER PAYS PATIENTS TO
STAY AT THEIR FACILITIES OR PAY
A THIRD PARTY FOR BRINGING
PATIENTS TO THEIR STAB WHICH
MEANT.
WHILE THE STATE OUTLAWED THIS
PRACTICE AND REQUIRE THE
DEPARTMENT OF HEALTH CARE
SERVICES TO INVESTIGATE
ALLEGATIONS OF VIOLATIONS
ASSESSED PENALTIES AND SUSPEND
OR REVOKE A LICENSE.
DH CS IS ALREADY STATED THEY
WILL FINALLY UP TO TWO THOUSAND
DOLLARS FOR THIS VIOLATION.
PATIENT BROKERS CAN MAKE
ANYWHERE FROM FIVE TO TEN
THOUSAND PER PATIENT WHICH MAKES
THIS FIND LESS OF A WORRY FOR
SOMEONE WHO STILL MAKE A LARGE
PROFIT.
THESE WOEFULLY INADEQUATE
POLICIES WILL NOT DETER PATIENT
BROKERING IN OUR STATE
ESPECIALLY WHEN OTHER STATES
LIKE FLORIDA DEAL SIMILAR --
HARSHER PENALTIES WITH THE BASE
PUNISHMENT OF FELONY OF THE
THIRD DEGREE AND A FINE OF UP TO
FIFTY THOUSAND DOLLARS.
CALIFORNIA HAS MORE THAN TWO
THOUSAND LICENSED FACILITIES IN
AND WE HAVE MANY MANY MORE ON
LICENSE. 50% OF THESE FACILITIES
ARE LOCATED IN MY HOME COUNTY OF
ORANGE THERE'S AN ASCENDED TO
FILL THESE HOMES OF PEOPLE AND
HE'S PATIENT BROKERS AS A MIDDLE
MAN IF WE CONTINUE TO HAVE IN
SIGNIFICANT PENALTIES.
THESE BROKERS EVEN FROM OUT OF
STATE WILL CONTINUE TO TAKE
ADVANTAGE OF OUR PEOPLE THIS IS
A LUCRATIVE BUSINESS THAT WILL
CONTINUE TO HIRE PEOPLE WHO ARE
STRUGGLING WITH ADDICTION.
IT'S TIME WE PUT AN END TO THIS
PREDATORY PRACTICE TO PROTECT
THE WELL BEING OF INDIVIDUALS
WHO ARE SEEKING RECOVERY.
WITH ME TODAY IS NICOLE WATERMAN
WHO REPRESENTS THE COUNTY OF
ORANGE.
THANK YOU.
MISTER CHAIRMAN AND MEMBERS
NICOLE ORNAMENT ON BEHALF OF THE
ORANGE COUNTY BOARD OF
SUPERVISORS IN SUPPORT OF AB.
SIX FIFTEEN ORANGE COUNTY IS
HOME TO ONE HUNDRED FORTY
LICENSED OUTPATIENT DRUG AND
ALCOHOL ADDICTION TREATMENT AND
RECOVERY CENTERS AND THREE
HUNDRED TWENTY THREE HALFWAY
HOUSES.
BECAUSE THE COUNTY HAS BECOME A
BIT OF A DESTINATION FOR DRUG
AND ALCOHOL RECOVERY PROGRAMS WE
ARE ALSO DISPROPORTIONATELY
IMPACTED BY THE ABUSES OF
PATIENT BROKERS EXPLOITING
VULNERABLE PATIENTS.
AS A RESULT OF OPPORTUNISTS
ABUSING THE SYSTEM THE ORANGE
COUNTY DISTRICT ATTORNEY'S
OFFICE MAINTAINS A SOBER LIVING
HOME INVESTIGATION PROSECUTION
TEAM. TO INVESTIGATE REPORTS OF
CRIMINAL AND CIVIL VIOLATIONS
RELATED TO SOBER LIVING HOMES
AND ADDICTION AND TREATMENT OR
RECOVERY CENTERS.
LAST FALL INVESTIGATIONS BY THIS
TASK FORCE LED TO THE ARRESTS OF
TWO GROUPS OF FREE HAVE
OPERATORS PHYSICIANS AND STAFF
FROM DRUG TESTING CENTERS.
PATIENT BROKERING IS AIMED AT
PROFITING OFF OF ADDICTION BY
PRIORITIZING PROVIDER REVENUES
OVER PATIENTS MEDICAL NEEDS.
IN MANY CASES THE NEEDS OF
PATIENTS ARE IGNORED OR
IMPROPERLY ADDRESSED LEADING TO
A REVOLVING DOOR FACILITIES FOR
THE PATIENTS AND INCREASED
INCOME FOR OPERATORS.
ALL THE RECOVERY SERVICES ARE IN
HIGH DEMAND THE OVERALL RATE OF
OVERDOSES IN THE COUNTY HAS
INCREASED BY 80% OVER THE LAST
TWENTY YEARS.
ORANGE COUNTY IS COMMITTED TO
COMBATING THE DANGEROUS
SCRUPULOUS PRACTICE OF PATIENT
BROKERING AND AB SIX FIFTEEN
WILL IMPLEMENT APPROPRIATE
CONSEQUENCES FOR THE SERIOUS
CRIME.
WE THEREFORE URGE AN AYE VOTE ON
THE MEASURE.
THANK YOU ANY OTHER WITNESSES IN
SUPPORT.
DISABILITY OR CALIFORNIA AND
SUPPORT.
THANK YOU.
ANY WITNESSES IN OPPOSITION.
MISTER CHAIR AND MEMBERS --
KATHY SURE ON BEHALF OF THE ACLU
OF CALIFORNIA.
JUST LAST YEAR CALIFORNIA
ENACTED A LAW PROHIBITING OUT
THE ALCOHOL AND DRUG ABUSE
TREATMENT CENTERS COUNSELORS AND
LICENSED PROFESSIONALS FROM
GIVING OR RECEIVING ANY
REMUNERATION FOR REFERRALS.
THAT LOG JUST WENT INTO EFFECT
ON JANUARY FIRST OF THIS YEAR
LESS THAN FOUR MONTHS AGO.
IT ALLOWS DH CS TO ASSESS
PENALTIES TO SUSPEND OR REVOKE
THE LICENSE OF A TREATMENT
FACILITY OR TO TAKE ACTION
AGAINST THE LICENSE OR
CERTIFICATION OF A TREATMENT
PROFESSIONAL ON THE BASIS OF OF
A VIOLATION OF THIS LAW.
YET WITHOUT GIVING THE DH CS THE
CHANCE TO IMPLEMENT THE NEW LAW
AND ASSESS ITS EFFECTIVENESS
EIGHTY SIX FIFTEEN WOULD JUMP
IMMEDIATELY TO THE IMPOSITION OF
FELONY PENALTIES FOR THIS
CONDUCT -- THERE IS NO RASON TO
CREATE A NEW CRIME MUST MUCH
LESS A FELONY WHEN SEVERAL CIVIL
PENALTIES FOR THE CONDUCT HAVE
JUST GONE INTO A FACT.
THE NEW LAW SHOULD BE GIVEN THE
CHANCE TO WORK BEFORE CHANGES
ARE PROPOSED WE RESPECTFULLY ASK
FOR YOUR NO VOTE.
THANK YOU THERE ANYONE ELSE IN
OPPOSITION.
ARE ANY QUESTIONS FROM COMMITTEE
MEMBERS.
CNN YOU MAY CLOSE THANK YOU
MISTER CHAIR -- WE'RE JUST
TRYING.
TO GIVE A LITTLE MORE TEETH INTO
THE BILL THAT WE SUPPORT LAST
YEAR BECAUSE IF YOU'RE AN
OPERATOR AND YOU'RE MAKING
BETWEEN -- THIRTY AND SIXTY
THOUSAND DOLLARS PER SOBER
LIVING HOME.
FACING A TWO THOUSAND DOLLARS
CIVIL FINE.
AND WALKING AWAY WITH TWENTY
EIGHT OR FIFTY EIGHT THOUSAND
DOLLARS ISN'T ISN'T MUCH OF A
DETERRENT TO CONTINUE THESE
PRACTICES SO WE OUR GOAL IS JUST
BELOW MORE TEETH IN THE BILL SO
WITH THAT I ASK FOR YOUR VOTE.
THANK YOU OF AN EYE I WOULD LIKE
FOR TO HAVE A LITTLE MORE TIME
TO MARINATE SO WE CAN SEE
WHETHER OR NOT.
AS YOU WERE SAYING THE TWO
THOUSAND IT'S NOT ENOUGH -- IN
FACT IF THAT WAS A A MAJOR
CONCERN WE PROBABLY SHOULD OF IN
THE LARA BILL THAT EARLY WAS
DONE THAT KIND OF SET ALL OF
THIS -- WE PROBABLY SHOULD HAVE
HAD IT.
OR REYES STATED THE AMOUNT OR
DID SOME OF THAT STUFF THEN.
BUT TO MAKE IT A FELONY BEFORE
WE'VE WHAT REALLY DONE THIS
ABOUT A FEW MONTHS AND UNTIL WE
CAN GET SOME MAYBE CREDIBLE
INFORMATION WE MIGHT BE AT WHERE
YOU'RE AT BUT I WANT.
TO GET MORE.
MORE STUDY MORE INFORMATION LET
THAT MONDAY BILL RUN ITS COURSE
A LITTLE BIT BEFORE -- WE START
MAKING MAJOR CHANGES TO IT.
WITH THE AT THE CHURCH RECOMMEND
A NO VOTE [inaudible]
THE BILL.
SO I DON'T GET MISTER DEEP IN
TROUBLE.
I'LL GIVE IT A SECOND.
HE'S IN TROUBLE DAY.
I'LL GIVE YOU A SECOND BUT I AM
VOTING NOBODY GETS SICK IT
APPRECIATE CARS.
STORY MORE CONTROVERSY OVER
THERE.
AND AB SIX FIFTEEN THE MOTION IS
TO PASS TO THE APPROPRIATIONS
COMMITTEE JONES SAWYER NO JONES
SAWYER NO LACKEY.
LACKEY AYE BARRICADE HAND
[inaudible]
DEEP.
KAMLAGER-DOVE.
QUIRK.
QUIRK NOW SANTIAGO [inaudible]
WICKS.
MEASURES ON CALL THANK YOU VERY
MUCH FOR SHARE MEMBERS.
CHART RECONSIDERATION PLEASE.
I HAVE TO WAIT TILL.
MORE MEMBERS ARE HERE
[inaudible]
SO MISS WHERE DID YOU GO.
DID YOU PRESENT YOUR EX OKAY.
YOU YOU.
MISTER REPP LACKEYS READY SO.
ONE SIX NINE SIX ITEM NUMBER
.
SIXTEEN RIGHT WELL THANK YOU
CHAIR AND COMMITTEE MEMBERS.
APPRECIATE THE OPPORTUNITY
PRESENT AB SIX NINETY SIX OF THE
BILL.
THANK YOU WHAT TO PROVIDE AN
OBJECTIVE APPROACH TO
UNDERSTANDING THE APPLICATION OF
OC SPRAY JUVENILE INSTITUTIONAL
FACILITIES I'M NOT GOING TO GO
ON AND I'M GOING TO LET MY
WITNESS -- DANIELLE SUCH AS ON
BEHALF OF OUR SPONSOR THE CHIEF
PROBATION OFFICERS SPEAK TO THIS
ISSUE.
CERTAINLY.
GOOD AFTERNOON MISTER CHAIR
NUMBERS DANIEL SANCHEZ WITH THE
CHIEF PROBATION OFFICERS OF
CALIFORNIA A PLEASED TO BE A
SPONSOR OF THIS MEASURE I WILL
KEEP MY COMMENTS BRIEF BUT TO
JUST WANT TO MAKE A FEW COMMENTS --
OUR OUR FIRST AND FOREMOST GOAL
IS ALWAYS -- TO WORK IN THE BEST
INTEREST OF THE MINERS THAT WE
SERVE IN AND DO WHAT IS BEST.
FOR THE YOUTH AND THE STAFF KIND
OF AN ARC OUR CARE AND CUSTODY
AND THIS REALLY IS AN EFFORT
BORN OUT OF THAT WE WANT TO
ENSURE THAT AS A PROFESSION THAT
WE ARE TAKING A LOOK AT POLICIES
AS IT PERTAINS TO YOUTH IN OUR
COUNTY JUVENILE FACILITIES FROM.
THE PERSPECTIVE OF WHAT --
RESEARCH AND DATA GUIDES TO BE
THE BEST PRACTICES -- AND LOOK
AT ALL OF THE FACTORS INVOLVED
IN THE USE OF OC SPRAY RIGHT NOW
OC SPRAY -- IS USED AS A MATTER
OF POLICY AND PRACTICE AND IT'S
A LOCAL DETERMINATION BUT THERE
ARE EXTENSIVE -- TITLE FIFTEEN
REGULATIONS THAT GOVERN ITS USE
TRAINING -- DECONTAMINATION AND
A WHOLE HOST OF THINGS -- IN
LIGHT OF ALL OF THAT AGAIN AS A
PROFESSION WE WANT TO MAKE SURE
AND RECOGNIZING THAT BOTH OF
THIS COMMITTEE AND THE
LEGISLATURE HAS HAD AN INTEREST
IN LOOKING AT THE USE OF
CHEMICAL.
SPRAYS IN JUVENILE FACILITIES
THAT WE WANT -- TO TAKE AN
INDEPENDENT UNBIASED LOOK AT
THAT REALLY HAVE A THIRD PARTY
ENTITY DELVE INTO THIS ISSUE TO
LOOK AT ALL OF THE FACTORS
INVOLVED IN INCLUDING --
POTENTIAL THAT IT'S USED AS A
HARM REDUCTION AGENT -- FOR
PHYSICAL ALTERCATIONS AND WITH
THAT AGAIN GUIDE THIS COMMITTEE
IN THE LEGISLATURE AND POLICY
DECISIONS GOING FORWARD SO WITH
THAT WE ASK FOR YOUR SUPPORT
TODAY AND I APPRECIATE IT.
THANK YOU FOR ANY OF THE
WITNESSES IN SUPPORT.
ANY WITNESSES IN OPPOSITION.
HONORABLE CHAIR MEMBERS OF THE
COMMITTEE MY NAME IS VIRGINIA
CORRIGAN I'M A STAFF ATTORNEY AT
THE USE LAWCENTER -- WE
APPRECIATE CONVERSATIONS WE'VE
HAD WITH STAFF AND IN MEN IN THE
MEMBERS OFFICE AND WITH C. POCK
ON THIS ISSUE BUT WE ARE
PROPOSING TODAY -- THE USE OF
CHEMICAL AGENTS IN CALIFORNIA
JUVENILE FACILITIES OBVIOUSLY.
YOUR CLOTHES SORRY ABOUT THAT.
IS OBVIOUSLY AN ISSUE THAT
DESERVES CAREFUL THOUGHTFUL AND
BALANCED STUDY IT'S VITAL THAT
CALIFORNIA'S POLICYMAKERS AND
PUBLIC HAVE ACCESS TO
INFORMATION ABOUT HOW CHEMICAL
AGENTS ARE CURRENTLY USED IN
CALIFORNIA.
AND ABOUT THE BEST PRACTICES
THAT EXIST HERE AND NATIONALLY
ON THE ISSUE BUT UNFORTUNATELY
EIGHTY SIX NINETY SIX DOES NOT
PROVIDE THIS INFORMATION THAT'S
NECESSARY TO MAKE THOUGHTFUL
POLICY DECISIONS -- AB SIX
NINETY SIX CALLS FOR RESEARCH ON
THE IMPACTS AND EFFICACY OF
USING PEPPER SPRAY ON YOUNG
PEOPLE.
BUT THE RESEARCH ON THOSE ISSUES
IS ALREADY CLEAR THE USE OF
CHEMICAL AGENTS IS HARMFUL TO
YOUNG PEOPLE BOTH PHYSICALLY AND
PSYCHOLOGICALLY AND IT IMPEDES
REHABILITATION BY HARMING THE
TRUSTING RELATIONSHIP BETWEEN
SEVEN YOUTH THAT IS CRITICAL TO
CHANGING YOUNG PEOPLE'S BEHAVIOR.
MOREOVER AB SIX NINETY SIX WOULD
NOT REQUIRE ANY AN ANALYSIS OF
HOW CHEMICAL AGENTS ARE USED IN
CALIFORNIA OR CONSIDERATION OF
BEST PRACTICES IN CALIFORNIA AND
NATIONALLY THAT MAY SELECT SERVE
AS ALTERNATIVES TO THE USE OF
PEPPER SPRAY.
NOR WOULD AB SIX NINETY SIX
REQUIRE THAT EITHER THE
RESULTING STUDY OR ENTER ANY
UNDERLYING DATA ON THE USE OF
CHEMICAL AGENTS BE MADE PUBLIC.
EIGHTY SIX NINETY SIX WOULD ALSO
VAST THE BOARD OF STATE IN
COMMUNITY CORRECTIONS RATHER
THAN A NEUTRAL BODY WITH SOLE
RESPONSIBILITY FOR CHOOSING A
RESEARCH ENTITY TO CONDUCT THE
STUDY.
IN ADDITION THE BILL WOULD
REQUIRE THE STUDY TO BE
CONDUCTED BY RESEARCH AGENCY
WITH A FOCUS ON INSTITUTIONAL
CARE FOR YOUTH BUT WAS WHICH IS
ALSO NEUTRAL WITH REGARD TO THE
USE OF CHEMICAL SPRING ON YOUTH.
THE REALITY IS THAT RESEARCH AND
AGENCIES WITH A FOCUS ON
INSTITUTIONAL CARE FOR YOUTH
ALREADY HAVE A POSITION ON
CHEMICAL SPRAY USE THAT THE BEST
PRACTICES TO BAN IT.
ALTHOUGH ADDITIONAL INFORMATION
ON THE USE OF CHEMICAL AGENTS IN
CALIFORNIA ACROSS THE COUNTRY IS
NECESSARY.
THE STUDY EIGHTY SIX NINETY SIX
WOULD CREATE WOULD NOT MEET THIS
NEED.
UNLIKE AB THIRTEEN TWENTY ONE A
MEASURE THAT WAS RECENTLY PASSED
BY THIS COMMITTEE. EIGHTY SIX
NINETY SIX DOES NOT CREATE THE
NATIONAL NECESSARY TRANSPARENCY
OR PROVIDE POLICYMAKERS WITH THE
INFORMATION THAT IS NEEDED.
TO HAVE OBJECTIVE POLICY
GUIDANCE TO MOVE FORWARD ON THIS
ISSUE. FOR THESE REASONS WE
RESPECTFULLY REQUEST YOUR NO WAY
OUT THANK YOU NEXT.
MARCO GEORGE FROM THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION I
WOULD ECHO ON THE COMMENTS OF MY
COLLEAGUE BUT I WOULD ALSO SAY
THAT SB SIX NINE SIX IS
UNNECESSARY.
STUDIES ON THE DETRIMENTAL
EFFECTS OF PEPPER SPRAY ON
NEWMAN CERTAINLY CHEN.
IN FACT THE CALIFORNIA BOARD OF
STATE AND COMMUNITY CORRECTIONS
HAS A FACTSHEET ON THEIR WEBSITE
LISTING SEVERAL OF THE STUDIES
RIGHT NOW ONE OF THEM IS THE
COUNCIL OF JUVENILE CORRECTION
CORRECTIONAL ADMINISTRATORS MAY.
TWENTY ELEVEN ISSUE BRIEF PEPPER
SPRAY IN JUVENILE FACILITIES
ANOTHER ONE IS THE CENTER FOR
CHILDREN'S ONE POLICY MAY
FOURTEENTH TWENTY TWELVE
FACTSHEET.
CHEMICAL AGENTS IN JUVENILE
FACILITIES SO THAT THE STATE
BOARD ALREADY HAS THESE STUDIES
AND THEY'RE PUTTING THEY SEE FIT
TO PUT THEM ON THEIR OWN WEBSITE --
THIRTY FIVE STATES NOW DETENTION
HALLS -- AND I THINK THAT IT'S
TIME FOR CALIFORNIA TO JOIN
THOSE STATES.
AB SIX NINE SIX IS CALLING FOR A
BELATED AND RE DONE TO TWO AND A
HALF YOUR STUDY REGARDING THE
EFFECTS OF PEPPER SPRAY SO WE
RESPECTFULLY ASK FOR YOUR NO
VOTE ON AB SIX NINE SIX THANK
YOU.
THANK YOU ARENA WITNESSES IN
OPPOSITION. FOR ELLA BAKER
CENTER FOR HUMAN RIGHTS IN
OPPOSITION WE SUPPORT MISTER%
GIBSON'S BILL THIRTEEN TWENTY
ONE FOR BETTER DATA COLLECTION
THANK YOU THANK YOU.
ANY OTHER WITNESSES IN
OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS.
YOU MAY CLOSE WERE SELECTED I'M
GONNA HAVE MISSED SUCH AS ANSWER
SOME OF THE ISSUES AND SHE'LL BE
MY CLOTHES.
APPRECIATE THAT I THINK -- AT A
THROUGH THE CHAIR -- YOU KNOW I
THINK I THINK FOR US WE
RECOGNIZE THAT THERE'S
DISCUSSIONS LAST YEAR AND BOTH
PREVIOUSLY IN THIS COMMITTEE ON
ON BILLS RELATED TO THIS ISSUE
AND I THINK IT'S REALLY
IMPORTANT. TO TO SEE PARK IN AND
TO THE CHIEFS THAT WERE ENGAGING
IN THIS CONVERSATION NOT HAVE
ALREADY ANSWERED THE QUESTION OF
WHAT TO DO THAT WE REALLY ARE
OPEN TO SAYING LET'S LOOK AT ALL
OF THE DYNAMICS INVOLVED IN THE
USE OF A SEA SPRAY -- WE
RECOGNIZE THAT CERTAINLY THERE
HAVE BEEN -- SOME RESEARCH AND
FOCUS ON THE USE OF OC SPRAY IN
CERTAIN CONTEXTS -- AND AND HOW
IT PERTAINS TO THE YOUTH BUT I
THINK IT'S ALSO IMPORTANT THAT
WE'RE LOOKING AT ALL OF THE
FACTORS INVOLVED.
THAT THIS COMMITTEE TALKED ABOUT
LAST YEAR AS IT PERTAINS -- TO
WHAT WHAT ARE THE POTENTIAL
IMPACTS -- OF NOT HAVING TO
INTERVENE IN A PHYSICAL MANNER
BETWEEN -- STAFFING YOUTH BY
USING OC SPRAY -- AND NOT BEING
A TACTIC TO DE ESCALATE AGAIN
VERSUS HAVING TO KIND OF THE USE
OF PHYSICAL INTERVENTION AND SO
I THINK -- FOR US WE WANT TO
MAKE SURE THEY WERE ASKING THE
QUESTION IN GETTING THE ANSWER
THROUGH INDEPENDENT RESEARCH
PART OF THE REASON THE REASON
THIS WAS STRUCTURED AS IT KIND
OF INDEPENDENT THIRD PARTY
ENTITY THAT HASN'T YET -- LOOKED
AT THIS ISSUE OR MADE A POLICY
DETERMINATION AS WE WANT TO
AGAIN MAKE SURE IT IS A AN
INDEPENDENT -- OF FOCUS ON THIS
THAT IT ISN'T FROM EITHER
RESEARCH ENTITY THAT HASN'T
ALREADY -- OPINED ON ELIMINATION
OR OR NOT AGAIN WE WANT TO MAKE
SURE THAT THIS IS IS -- FRAMED
AS AS A RESEARCH DRIVEN AND DATA
DRIVEN AS POSSIBLE SEE POCKETS
FULLY COMMITTED -- TO WORKING
OBVIOUSLY WITH -- THE DATA
ELEMENTS THAT WOULD BE NEEDED TO
CARRY OUT THIS STUDY -- AND AND
THE REASON WE STRUCTURED IN THE
WAY OF NOT DEFINING WHO THAT
ENTITY WOULD BE IS THAT AGAIN WE
ARE OPEN TO HEARING IN ONE WOULD
WANT TO SEE FROM THE
LEGISLATURE'S PERSPECTIVE AND
FROM THE STAKEHOLDERS ABOUT WHO
THAT ENTITY SHOULD BE THAT IS --
YOU KNOW KIND OF BEST SITUATED --
TO MANAGE THESE -- SO ALL THAT
TO SAY WE WE CERTAINLY ASK FOR
YOUR SUPPORT AND AND IT'S OUR
FOCUS WITH THIS BILL TO DO WHAT
IS IS BEST IN OUR JUVENILE
FACILITIES AND AND ALWAYS LET
OUR RESEARCH AND DATA GUIDE
THOSE DECISION [inaudible]
THANK YOU -- NOTED.
AS SOMEONEWHO DIDN'T AN AUDIT
REHABILITATION AND KNOWING THAT
IT WAS DIFFERENT PEOPLE LOOK AT
THAT ARE WITH DIFFERENT
PERSPECTIVES EVEN.
QUESTIONING MY MARK WAS NOT I
BELIEVE THE REAL BILL TATIAN --
I WISH I MAYBE CAN HAPPEN IN
APPROPRIATIONS BY REALLY DO WISH.
THAT WE COULD MAKE BOTH THE
GIPSON THEN THE LACKEY OUGHT TO
COME TOGETHER YOU CHOOSE AN
INDEPENDENT.
RESEARCHER OR WHATEVER -- TO DO
THE AUDIT AUDITOR AND THEN.
THE CHAIR APPROACH DID DECIDE
HOW IT'S GOING TO GET PAID FOR
IT ALL TO ME HE'S GOING TO GO
INTO APPROACH AND SOMEBODY'S
GOING TO BE HOPEFULLY BE
APPROPRIATED FOR A STUDY ON THIS --
I WOULD RATHER HAVE BOTH SIDES
WHO HAVE PROBABLY DIFFERENT
PERSPECTIVES LOOKING AT IT AND
AS THE LAWYERS WILL TELL YOU SEE
YOU YOU.
YOU HAVE TO LOOK AT ALL SIDES OF
THE ISSUE -- BEFORE YOU MAKE A
FINAL DECISION AND SO -- I'M
GOING TO GO AHEAD AND ASK
EVERYONE TO GO AHEAD VOTE THIS
OUT SO THAT.
WE CAN GO OVER TO APPROACH AND
HOPEFULLY.
SHE CAN.
FIGURE OUT.
HOW TO MAKE SURE WE GET THE BEST
DATA BACK NOT ONE THAT FAVORS
ONE SIDE OR THE OTHER?
BUT CAN GET TO THE ACTUAL TRUTH
GOOD THAT'S THE MOST IMPORTANT
BUT YOUR BIGGEST PROBLEM WILL BE
JUST GETTING MONEY.
GET THIS DONE.
AB SIXTY SIX THE MOTION IS TO
PASTOR APPROPRIATIONS JONES
SAWYER HI JOHN SIR IRAQI.
LACKEY I BAUER-KAHAN BAUER-KAHAN
I DEEP.
KAMLAGER-DOVE AND I FOR THE
NEWLYWEDS.
IN ORDER TO HAVE AYE QUIRK
[inaudible]
SANTIAGO.
WICKS WICKS I THE MEASURE PASSES
THANK YOU.
I NUMBER THIRTY NINE AB
SEVENTEEN SEVENTY TWO MR CHOW.
THANK YOU VERY MUCH -- MISTER
CHAIR AND MEMBERS OF THE
COMMITTEE.
HI.
AB SEVENTEEN SEVENTY TWO WOULD
HELP ADDRESS ONE OF THE
UNINTENDED CONSEQUENCES OF
RECENT CRIMINAL JUSTICE REFORMS.
SUCH AS PROPOSITION FORTY SEVEN
BY CODIFYING TO COURT CASES
WHICH CLARIFIED THE MULTIPLE
INCIDENTS OF THEFT.
CAN BE AGGREGATED INTO A CHARGE
OF GRAND THEFT IN ORDER TO
PREVENT CRIMINALS FROM GETTING
AWAY WITH THE COMMITTING MORE
FREQUENT SMALLER CRIMES.
IN THE CASE PEOPLE VERSUS BAILEY
THE CALIFORNIA SUPREME COURT
ESTABLISHED THAT REPEATED ACTS
OF THEFT.
CAN BE AGGREGATED AND PROSECUTED
AS A FELONY IF IT IS FOUND OUT
THE THEFTS WERE CONDUCTED
PURSUANT TO ONE INTENTION ONE
GENERAL IMPULSE AND ONE PLAN.
ADDITIONALLY IN THE CASE PEOPLE
VERSUS COLUMBIA RESEARCH
CORPORATION.
THE COURT FOUND THAT AN
INDIVIDUAL CAN BE CHARGED WITH
GRAND THEFT BASED ON A SERIES OF
PETTY THEFTS.
IF THEY WERE CONDUCTED PURSUANT
TO A SINGLE PLAN AND INTENT AND
ALSO INVOLVE MULTIPLE VICTIMS.
IN TWENTY FOURTEEN PROPOSITION
FORTY SEVEN RE CLASSIFY CERTAIN
THEFT.
AND DRUG POSSESSION OFFENSES TWO
MISDEMEANORS SUCH AS PETTY THEFT
WHICH IS DEFINED AS OBTAINING
ANY PROPERTY BY SELF.
OR THE VALUE OF THE MONEY LABOR
REAL OR PERSONAL PROPERTY TAKEN
DOES NOT EXCEED DONE NINE
HUNDRED AND FIFTY DOLLARS.
SINCE THE PASSAGE OF PROP FORTY
SEVEN NUMEROUS A COMMUNITIES
THROUGHOUT THE STATE HAVE
EXPRESSED CONCERNS OVER ANY
INCREASE IN PETTY THEFT CRIMES.
COMMITTED BY INDIVIDUALS TAKING
ADVANTAGE OF THE SYSTEM BY
ATTEMPTING TO KEEP THEIR
THOUSAND UNDER THE NINE HUNDRED
FIFTY DOLLAR THRESHOLD. FOR
EXAMPLE PROPERTY CRIMES IN MY
DISTRICT THE FORTY NINE TO SOME
A DISTRICT OUT HAVE.
A HAVE A REASON TWENTY ONE POINT
8% SINCE TWENTY FOURTEEN WHEN
PROP FORTY SEVEN WAS PASSED.
THERE HAS BEEN SOME CONFUSION AS
TO WHETHER MULTIPLE THOUSAND
COULD BE AGGREGATED IN ORDER TO
EQUAL OF GRAND THEFT.
NOW BY CODIFYING THESE CASES AB
SEVENTEEN SEVENTY TWO WILL MAKE
IT CLEAR THAT MULTIPLE TO STING.
BUT YET RELATED INCIDENTS OF
THEFT WHETHER COMMITTED AGAINST
ONE OR MORE VICTIMS CAN BE
AGGREGATED TO A CHARGE OF GRAND
THEFT.
I UNDERSTAND THAT THE COMMITTEE
HAD HAS RAISED SOME CONCERNS
ABOUT WHETHER THIS BILL WILL IN
FACT AMENDED PROP.
FORTY SEVEN YESTERDAY I RECEIVED
THE LEGISLATIVE COUNSEL OR
OPINION THAT CONCLUDED THAT
PROPOSITION FORTY SEVEN DID NOT
REPEAL BAILEY THAT IS THE CASE
EXPRESSLY OR IMPLIEDLY.
ACCORDINGLY BECAUSE BAILEY IS
STILL IS COMMON LAW AND WAS NOT
REPEALED A STATUE THAT CODIFIES
BAILEY IS NOT AN AMENDMENT TO
PROP.
FORTY SEVEN ADDITIONALLY
COMMITTEE HAS RAISED CONCERNS
AND STATED THAT IT IS UNCLEAR
WHETHER THE LANGUAGE OF THE BILL
IS DECLARATORY OF THE EXISTING
LAW BECAUSE THERE ARE.
THERE ARE A NUMBER OF CASES THAT
PROVIDE DIFFERENT PERSPECTIVES
ON THE STATE OF THE CASE LAW.
IT IS IMPORTANT TO NOTE THAT
NONE OF THE CASES CITED OVERRULE
BAILEY.
OR COLUMBIA.
THESE TWO CASES ARE STILL VALID
CASE LAW AS SUCH I BELIEVE IT IS
ENTIRELY APPROPRIATE TO CODIFY
THESE CASES VIA AB SEVENTEEN
SEVENTY TWO AND PROVIDE CLARITY
TO THE STATUE.
IN FACT.
IN THE RECENT CASE TWENTY
FOURTEEN CASE WHAT MAR THE
CALIFORNIA SUPREME COURT ALSO
STATED IN ITS CONCURRENT OPINION.
QUOTE IF THE DEFENDANT HAS
ENGAGE IN MULTIPLE RELATED
TAKINGS A PROSECUTOR IS NOT
PROHIBITED FROM CHARGING THE
DEFENDANT BOTH WITH ONE COUNT OF
A LARGER AGGREGATED SOUTH.
END WITH SEVERAL AMOUNTS OF
SMALL INDIVIDUAL PHELPS.
A PROSECUTOR MAY CHARGE A
DEFENDANT UNDER BOTH THEORIES
SINCE IT MAY NOT BE EVIDENT AT
THE TIME OF CHARGING WHETHER THE
TAKINGS WORK IN FACT COMMITTED
PURSUANT TO ONE INTENTION ONE
GENERAL IN PAUL'S.
AND ONE PLAN.
FINALLY LEGISLATIVE COUNSEL IS
HERE WITH US TODAY -- TO ANSWER
ANY TECHNICAL QUESTIONS THAT THE
COMMITTEE MAY HAVE A WAS -- WITH
THAT I RESPECTFULLY ASK FOR YOUR
IBM [inaudible]
YES.
MISTER CHAIR MEMBERS CHASING
GUNS ALL THIS REPRESENT THE CITY
OF ROSEMEAD WE ALSO REPRESENT
NUMBERS CITIES THROUGHOUT THE
STATE.
THAT HAVE BEEN GRAPPLING WITH
THIS ISSUE THEY WERE SUPPORTIVE
OF YOUR LEGISLATION MISTER CHAIR
LEADERSHIP LAST YEAR ON A. B.
TEN SIXTY FIVE ON THEFT RINGS --
WE SEE THIS AS THE DIFFERENCE
BETWEEN A POOR DECISION VERSUS A
PATTERN OF DECISIONS AND WE
APPRECIATE THE ANALYSIS
REFERENCING THE LA TIMES ARTICLE
WHERE INDIVIDUALS WERE.
BOASTING ABOUT THE ABILITY.
TO COMMIT A SERIES OF CRIMES AS
LONG AS THEY WERE UNDER THE
THRESHOLD AND FOR THAT REASON WE
RESPECTFULLY REQUEST FOR SUPPORT.
THANK YOU.
MR MEMBERS RYAN SHERMAN WITH THE
RIVERSIDE SHERIFF'S ASSOCIATION
LIKE TACKLE COMMENTS OF THE
ASSEMBLY MEMBER -- MIGHTY
COVERED PRETTY MUCH ALL THE
POINTS -- INRIVERSIDE COUNTY
PROPERTY CRIMES HAVE GONE UP
SIGNIFICANTLY OVER THE LAST FEW
YEARS AND THAT WERE EXPERIENCING
THE SAME THINGS THAT I THINK A
LOT OF THE OTHER CITIES AND
COUNTIES AROUND THE STATE ARE
EXPERIENCING.
THAT CRIMINALS MANY OF THEM NOT
ALL OF THEM MANY OF THEM I
FIGURED OUT THE NINE FIFTY LIMIT.
AND ARE BEING VERY CAREFUL TO
NOT EXCEED THAT -- AND BASED ON
THEIR BELIEF THAT AS LONG AS IT
DOESN'T OVER NINE FIFTY EVEN IF
THEY GO BACK THERE EVERY SINGLE
DAY.
THAT DEAL IT'S NEVER GOING TO BE
A FELONY AND THEY'LL JUST GIVE
BASELESS SLAP ON THE WRIST SO
FOR THOSE REASONS OTHER SIDE
SURE CESSATION.
SUPPORT THIS BILL [inaudible]
THANK YOU.
OF ANY OTHER [inaudible]
IN SUPPORT.
OF THE BILL.
ANYONE IN OPPOSITION
[inaudible]
YEAH
.
MARGOT GEORGE THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION --
WERE OPPOSED TO THIS BILL THAT
WOULD ALLOW PROSECUTORS TO
AGGREGATE SMALL A SEPARATE PETTY
STEP SO THEY CAN CHARGE FELONY
GRAND UP.
THE CALIFORNIA VOTERS HAVE TWICE
SPOKEN ON THE SUBJECT -- AND
PROP FORTY SEVEN WHICH WAS
PASSED ON NOVEMBER FOURTH OF
TWENTY FOURTEEN AND PROPOSITION
SIXTY THREE WHICH WAS PASSED ON
NOVEMBER EIGHTH OF TWENTY
SIXTEEN AB.
SEVENTEEN SEVENTY TWO ACTUALLY
PROPOSES TO AMEND PROP FORTY
SEVEN IN A MANNER THAT IS NOT
INTENDED BY THE VOTERS.
AND EVEN IF THAT WERE SO
INTENDED A TWO THIRDS VOTE OF
THE LEGISLATURE IS REQUIRED --
WE BELIEVE THAT AB SEVENTEEN
SEVENTY TWO TWICE TO AVOID THIS
REQUIREMENT BY STATING THAT IS
DECLARATORY.
OF EXISTING LAW AND THE CASE
THAT THEY WERE RELYING ON PEOPLE
V. WITH MERCK -- BACK CASE
INTERESTINGLY ENOUGH WAS DECIDED
ON JULY TWENTY FOURTH OF TWENTY
FOURTEEN SO IT WAS DECIDED IN
JULY.
AND THEN IN NOVEMBER THE VOTERS
PASSED PROP.
FORTY SEVEN SO THE CASE LAW
PASSED BY THE COURT BEFORE --
THE PROP FORTY SEVEN WAS PASSED
IN BEFORE PROP.
SIXTY THREE IT'S NOT REALLY
DETERMINED OF OF THIS ISSUE
UNTIL THE COURT ADDRESSES SAID
AGAIN.
PROP FORTY SOMEONE MADE IT CLEAR
THAT A THEFT OF LESS THAN NINE
HUNDRED AND FIFTY DOLLARS SHOULD
BE TREATED AS PETTY THEFT AND
SHALL BE PUNISHED AS A
MISDEMEANOR -- PROP FORTY SEVEN
PROVIDED.
THAT IT WOULD WANTED IT WOULD BE
BROADLY CONSTRUED TO ACCOMPLISH
THAT PURPOSE AND THAT ONE OF THE
PURPOSES WAS TO REQUIRE
MISDEMEANORS.
INSTEAD OF FELONIES FOR NON
SERIOUS NON THE ONLY VIOLENT
CRIMES LIKE PETTY THEFT AND DRUG
POSSESSION.
AND LESSEN THE CALL THE UP WAS --
UNLESS THE DEFENDANT HAD PRIOR
CONVICTIONS WERE SPECIFIED
VIOLENT OR SEX OFFENSES.
PROP FORTY SEVEN STATED.
ON ITS FACE THAT IT MAY BE
AMENDED BY A TWO THIRDS VOTE OF
THE MEMBERS OF EACH HOUSE OF THE
LEGISLATURE AND SIGNED BY THE
GOVERNOR.
SO LONG AS THE AMENDMENTS ARE
CONSISTENT WITH AND FURTHER THE
INTENT OF THE ACT.
THE LEGISLATURE'S MIGHT MAY BY
MAJORITY VOTE TO AMEND AB --
REPEAL PROVISIONS TO FURTHER
REDUCE THE PENALTIES FOR ANY OF
THE OFFENSES ADDRESSED BY THIS
ACT.
WE BELIEVE.
THAT IF THIS IS A PROBLEM THIS
IT SHOULD BE ADDRESSED IN A
MANNER SUCH AS THE CHEERS BILL
OF ORGANIZED RETAIL THEFT.
THAT THIS ATTEMPT TO JUST
AGGRAVATE AGGREGATE NOT
AGGRAVATE START -- AGGRAVATING
BUT BUT AGGREGATE SMALL SEPARATE
PETTY THEFTS THAT COULD BE AT
THE STORE OVER HERE AT THAT
STORE OVER THERE AND AND IS --
IS NOT.
IN LINE WITH WHAT THE VOTERS
INTENDED AND PROP FORTY SEVEN SO
WE RESPECTFULLY ASK FOR YOUR NO
VOTE.
THANK YOU.
GOOD AFTERNOON MISTER CHAIR
MEMBERS MIKE A DOCTOR OFF ON
BEHALF OF THE ACLU OF CALIFORNIA
HERE AND RESPECTFUL OPPOSITION
TO AB -- SEVENTEEN SEVENTY TWO
IN ADDITION TO THE BILL USURPING
THE WELL AND THE INTENT OF THE
VOTERS WHO OVERWHELMINGLY
APPROVED PROPOSITION FORTY SEVEN
AS MY COLLEAGUE HAS STATED -- WE
ALSO DON'T BELIEVE THIS BILL IS
NECESSARY AND IN LIGHT OF
EXISTING LAW CURRENT LAW ALREADY
PROVIDES COURTS WITH SUFFICIENT
POWER TO PUNISH MULTIPLE FACTS
OF PROPERTY UNDER CURRENT LAW.
AS ESTABLISHED BY PROPOSITION
FORTY SEVEN THE COURT MAY IMPOSE
A SANCTION OF UP TO ONE YEAR IN
COUNTY JAIL FOR ANY PETTY THEFT.
A PERSON WHO COMMITS MULTIPLE
PETTY THEFT DEFENDS SAYS IN A
SHORT AMOUNT OF TIME CAN ALREADY
BE PUNISHED WITH SIGNIFICANT
JAIL TIME.
PETTY THEFT OFFENSES ARE OFTEN
CRIMES OF POVERTY EVEN WHEN
THEY'RE COMMITTED ON MORE THAN
ONE OCCASION BY THE SAME PERSON.
DECADES OF EXPERIENCE IN
CALIFORNIA SHOWS THAT INCREASING
AT THE PENAL CONSEQUENCES FOR
PETTY OFFENSES TO INCLUDE A
FELONY CONVICTION WILL NOT LEAD
TO LESS RECIDIVISM IT WILL ONLY
MAKE IT MORE DIFFICULT FOR
PEOPLE TO GET THEIR LIVES BACK
ON TRACK AND WE'LL WASTE
TAXPAYER DOLLARS.
IT IS EXACTLY THIS PUNITIVE
APPROACH TO LOW LEVEL NONVIOLENT
OFFENSES THAT THE VOTERS
REJECTED WHEN THEY APPROVED
PROPOSITION FORTY SEVEN AND SO
FOR ALL THESE REASONS WE
RESPECTFULLY OPPOSE THE BILL
THANK YOU.
THANK YOU ARE THERE ANY OTHER.
IN OPPOSITION.
JANUARY TEARS ON BEHALF OF THE
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE AN OPPOSITION
THANK YOU.
ANY QUESTIONS FROM COMMITTEE
MEMBERS [inaudible]
CAN.
NONE.
WHO COME?
ONE ALL RIGHT AT IT ON A
QUESTION BUT JUST COMMENT
WHENEVER YOU'RE READY QUESTIONS
OR COMMENTS BUT THIS IS YOUR
THANK YOU WAS CHAIRMAN -- I
WASN'T US -- SEINING FOR THIS
BUT BUT I I FEEL LIKE I HAVE TO
SAY SOMETHING BECAUSE COMING
FROM -- A LOCAL GOVERNMENT
BACKGROUND.
WHERE ARE DOING MY TIME ON THE
CITY COUNCIL WE RECEIVE NUMEROUS
CALL -- AFTER THE PASSAGE OF
PROP FORTY SEVEN WHERE -- SHOP
OWNERS WOULD KHôNG COMPLAINT.
AND THE POLICE BASICALLY JUST
TOLD HANDS UP AND SAID YOU KNOW
THAT IF IT IS A IT IS A PETTY
THEFT AND AND IS UNDER NINE
HUNDRED AND FIFTY DOLLARS IS
NOTHING WE CAN DO -- NOW TO SOME
PEOPLE NINE HUNDRED FIFTY
DOLLARS IS NOT A LOT OF MONEY.
FOR A SMALL SHOP OWNER -- IT IS
AND AND AND AND AND I I DISAGREE
WITH THE PREMISE THAT THAT --
PETTY THEFT IS BASED ON POVERTY
BECAUSE HOW DO YOU HOW DO YOU
DEFINE THAT.
IS ONE THING. TO STEAL FOOD TO
FEED YOUR YOUNG CHILDREN IS
NOTHING TO GO TO WALMART OR LIKE
A STORE AND RUN OUT WITH -- TWO
BOTTLES OF JACK DANIEL'S.
AS LONG AS UNDER HUNT NINE
HUNDRED FIFTY BUCKS.
I DON'T THINK THAT'S STEALING
FOR POVERTY IS USED TO STEALING
BECAUSE YOU YOU HAVE A SICKNESS.
AND I'D SIT SO I THINK THAT IF
WE CAN WE SHOULD AT LEAST GIVE.
LOCAL LAW ENFORCEMENT -- SOME
MEANS OF PROTECTING SMALL
BUSINESS OWNERS IN THEIR
COMMUNITIES OF PEOPLE WHO.
WILL MAKE OR BREAK THEIR THEIR
THEIR PAYROLL THAT MONTH
SOMETIME BASED ON JUST NINE
HUNDRED BUCKS AND AND AND YES I
KNOW THAT THE CHAIR.
HAD A TRY TO TACKLE THIS PROBLEM
THROUGH EIGHT AND ORGANIZED
CRIME.
BUT ORGANIZED CRIME COULD MEAN
LIKE A LOT OF PEOPLE HERE ONE
PERSON IF IF THAT IF THAT
CRIMINAL IS SOPHISTICATED ENOUGH
TO KNOW THAT OKAY.
I JUST NEED TO HIT A DIFFERENT
STORE EVERY DAY AND AND STATE
UNDER NINE HUNDRED BUCKS
[inaudible]
I'M KINDA.
ON AT LIBERTY FROM THE RULE
PENALTY OF LAW SO I I THINK.
OF MY COLLEAGUE OF MR CHOW FOR
BRING THIS BILL BACK AND AND I'M
GLAD THAT A HE ASKED ME TO COME
BACK TO A TO TAKE A LOOK AT THIS.
THANK YOU MISTER CHAIRMAN.
YEAH SO I AM.
MY COLLEAGUES POINT YOU KNOW I
APPRECIATE THE BILL THAT WAS
PASSED THROUGH LEGISLATURE LAST
YEAR THAT DEALS WITH THE THEFT
RINGS ASSOCIATED WITH AFTER THE
STORES THAT WE KNOW ALSO IN MY
COMMUNITY IS A LARGE ISSUE
HITTING MULTIPLE STORES UNDER
NINE HUNDRED NOW.
YOU CAN CHARGE THIS WAY.
A SPECIFIC PROBLEM WAS BROUGHT
TO US WE ADDRESSED IT AND NOW
THAT IS.
NO LONGER AN ISSUE -- SO THIS IS
TRYING TO BROADEN THAT AS I
UNDERSTAND IT NOW WHEN I READ.
BAILEY IN BAILEY SHE HAD ONE
MISS REPRESENTATION RIGHT ONE
ACTED THEN BROUGHT IN SEVERAL
FUNDS RATE THAT FEELS DISTINCT
TO ME FROM WHAT WE'RE TALKING
ABOUT HERE TODAY WHICH IS
MULTIPLE ACTS.
THAT ARE DISTINCT AND IN THE LOT
INTENTION IMPULSE IN PLAN FEELS.
VAGUE TO BE HONEST WITH YOU I
MEAN.
YOU KNOW I'VE BEEN TENSION THAT
I WANT TO EAT AND SO I STEAL
OVER YOU.
ARE SIR WHAT IT RATING HOW ARE
WE DEFINING THIS SUCH THAT IT'S
CLEAR THAT IT WAS IN THE WAY
THAT THE CHAIRS BILL.
AGGREGATED A VERY CLEAR
SITUATION WHERE IT WAS AN
ORGANIZED CRIME RING WE'RE
TRYING TO ADDRESS THAT PROBLEM
THIS FEELS LIKE IT CAN BE
BROADENED IN SUCH A WAY THAT YOU
HAVE CRIMES COMMITTED.
OVER LONG PERIODS OF TIME THAT
ARE ALL PETTY THEFT AND NOW WE
HAVE THE ABILITY TO AGGREGATE.
ALL THANK YOU FOR YOUR QUESTION
AND I THINK -- THE DISTINCTION
IS THAT THE CHAIRS BILL FROM
LAST YEAR BASICALLY TARGETED OUR
RETAILERS FOR EXAMPLE
SHOPLIFTING AT THE RETAIL STORES
AND MARSHALL SETTINGS WILD ON
THE OTHER HAND THIS PARTICULAR
BILL DEALS WITH RESIDENTIAL.
ALL PROPERTY CRIME FOR EXAMPLE
SO THEY EACH ACTUALLY COMPLEMENT
THE OTHER ARE FROM THAT ANGLE
NOW AS TO YOUR QUESTION ABOUT
THE DEFINITION OF ONE IMPOSE ONE
INTENTION.
THAT IS GIVEN AS A JURY
INSTRUCTION BY THE JUDGE AND DOT
PARTICULARLY -- COULD IN FACT BE
PARTED DID THE LAW AS WELL WE'RE
NOT TRYING TO EXPAND THE LAW IN
ANYWAYS WE ARE JUST SIMPLY
TRYING TO CODIFY THE TWO CASES.
THAT ARE STILL GOOD LAW AND I
HAVE NOT HEARD ANYTHING THAT
SAYS THAT THESE TWO CASES HAVE
BEEN OVERRULE THE PRIMARILY OFF
PRIMARILY ARGUMENT RAISED BY THE
OPPOSITION IS AT ALL I AM TRYING.
TO A BASICALLY -- ACTED.
AGAINST TO WILL OF THE VOTERS
BUT WE'RE NOT AMENDING PROP
FORTY SEVEN WHATSOEVER AND I
THINK THAT IS TO FIND THE
STATION AND THAT'S THE REASON
WHY LET'S COUNCIL IS HERE AS
WELL.
I HAVE YET TO SEE ANY LANGUAGE
IN ANY CASE OR EITHER IN CASE
LAW OR IN PROPOSITION FOR FORTY
SEVEN THAT SPECIFICALLY OVERRULE
ALL BAILEY OR A COLUMBIA
RESEARCH CORPORATION.
SO YOU KNOW THE THE LAW IS STILL
GOOD I THINK YOU KNOW WE'RE NOT
ATTEMPTING TO AMEND PROP FORTY
SEVEN EIGHT I THINK I INVITE THE
CHAIR TO MAYBE INVITE THE
OUTLETS COUNCIL COME UP TO
ANSWER ANY TECHNICAL QUESTIONS
IF YOU SO DESIRE.
AND I THINK YOU KNOW I THINK WE
ARE SIMPLY SAYING THAT IS WHAT
THE LAW CURRENTLY IS WHAT TRYING
TO CODIFY THAT THOSE WHO CASES
TO ALLOW THE PROSECUTORS THE
ADDITIONAL ABILITY TO AGGREGATE.
ARE ALL THE CELEBRITY CRIMES AND
IT'S NOT THAT ARE YOU KNOW WE'RE
NOT INVENTING NEW LAW WOULD NOT
EXPANDING UPON PROP FORTY SEVEN
OR THE CHAIRS LAW LAST YEAR.
BECAUSE HIS BASICALLY DEALT WITH
THE COMMERCIAL CITING
[inaudible]
OKAY NICK.
GET YOUR DATA MISTER LACKEY
SUPER FAST CAN I ASK SORRY I
JUST SO I GUESS I'M I'M LOOKING
AT THE LAW AND I DON'T SEE IT AS
IT APPLIES ONLY TO RESIDENTIAL
SETTINGS AS YOU'VE DESCRIBED IS
THAT YOUR INTENTION IS AN ACTOR
THAT IS IN THERE.
RIGHT.
YES THAT THAT IS THE INTENTION
OF BECAUSE AS FAR AS THE
COMMERCIAL SETTING DOT SHOULD BE
CAPTURE ALL BY THE CHAIRS UP LAW
FROM LAST YEAR.
OKAY SO IT'S ALL SETTINGS
BESIDES COMMERCIAL I GUESS WOULD
BE HOW I WOULD THEN INTERPRET
BEST.
THAT MY MY UNDERSTANDING FROM
LET'S KELSO IS THAT THEY REALLY
COULD DO NOT CONFLICT WITH ONE
ANOTHER.
AND THEN UP THIS BILL DOESN'T
REALLY OVER OVERRIDE A RECEIPT
PROP FORTY SEVEN OR ANY OTHER
CASE LAW SO ALWAYS WE DOING IS
TRYING TO CODIFY TWO PIECES.
ARE STILL GOOD LAW I MEAN OKAY
SHOW ME ONE CASE OR ONE
STATEMENT THAT OVERSEE OVERRIDE
OR OVER RULES -- ANY OF THE TWO
CASES THAT I'M TRYING TO CODIFY
THEN I'LL BE I'LL BE I'LL GO
AWAY.
ALL RIGHT ANY OTHER.
QUESTIONS.
YOU MAY CLOSE I RESPECTFULLY ASK
FOR IAGO THANK YOU VERY MUCH
GOOD ACTUALLY IS IT INTERESTING
DEBATE.
BETWEEN ALL THE LAWYERS AND ALL
THE TECHNICAL STUFF THAT'S JUST
FINE.
BUT AB TEN SIXTY FIVE RESULTS
ALL THIS IF LAW ENFORCEMENT
WOULD JUST.
DO THE LAW.
WHERE THEY JUST GO AHEAD ARREST
PEOPLE ON A MISDEMEANOR CAN EVER
GET IT UP IT'S IN MY BILL?
THAT'S BEEN PASSED IN SIGN THE
PROBLEM IS LAW ENFORCEMENT DON'T
WANT TO DO THEIR JOB.
THEY'RE SUPPOSED TO REST THESE
PEOPLE AND THEY CAN GET TO WHERE
THEY WANT BUT NO -- THEY WANT TO
DO IT A DIFFERENT WAY THEY WANT
TO COME BACK AND PUT.
BLACK BROWN FOR HOMELESS PEOPLE
IN JAIL BECAUSE THAT'S THE ONLY
WAY THEY UNDERSTAND HOW YOU DO
WHAT.
REHABILITATION WHICH THEY DON'T
BELIEVE IN THAT'S HOW YOU DO
WHAT DO WHAT DO WHAT FAMILIES
THERE AND DEPRESSED.
THIS THE SITUATIONS IT IS
DRIVING ME CRAZY WE'RE ONLY IN
JANUARY FEBRUARY MARCH.
GIVE MY BILL A CHANCE ONLY BEEN
THREE MONTHS TALK TO ME A YEAR
FROM NOW ABOUT THE NUMBER OF
DEATHS.
THAT HAVE HAPPENED OVER THE LAST
FIVE YEARS THAT'S FINE BUT LET'S
GIVE ME BY MONTHS TEN MONTHS OF
OF DATA THAT SHOWS THAT MY BILL
ACTUALLY WORK WHICH YOU
SUPPORTED.
GIVEN THE CHANCE YOU WERE TRYING
TO DO AN END RUN. TO IT NOW
FORGET ABOUT I DON'T NEED TO
HAVE A DISCUSSION ABOUT WHETHER
OR NOT.
IT GETS RID OF PROP FORTY SEVEN
I UNDERSTAND WHAT IT IN RUN IS.
AND IT DOESN'T IN RUN ON PROP.
FORTY SEVEN AND THAT'S WHY I AM
A NO THAT'S WHY I'M A LITTLE
UPSET THAT WE I'D I GOT A LOOK
AT ALL THESE IN RUNS OFF.
FIFTY SEVEN FORTY SEVEN STOP.
THIS TIME TO TRY OUT SOMETHING
NEW LIKE.
REHABILITATING PEOPLE WHO ARE ON
DRUGS THAT STEEL.
HELPING PEOPLE MOTHERS WHO HAD
TO STEAL FOR FOOD THERE ARE
HOMELESS.
PUT THEM IN A HOMELESS SHELTER
FIGURE OUT HOW TO FIND HIM HOME
FROM GETTING FOOD LET'S GIVE
THAT'S WHAT MY BILL.
ALSO TAKES CARE OF AND ALSO
TAKES CARE TO PEOPLE
INDIVIDUALLY DOING SOME COULD
YOU IDENTIFY WHO THEY ARE.
I WAS TOLD BY EVERYBODY DEBTS IN
ESPECIALLY YOURS SPONSORS THAT
WAS ORGANIZED DEATH THAT WAS THE
NUMBER ONE REASON THAT'S WHY
DIDN'T ORGANIZED BETH BILL.
BECAUSE YOU SAID THE MAJORITY OF
THE DEATHS WERE ABROGATED
ORGANIZE STAFF AND THAT'S WHO
YOU WANTED.
NOW YOU'RE BACK IN HERE THIS
YEAR.
TELLING ME IT'S THE OTHER FOLK
[inaudible]
WITHIN [inaudible]
JANUARY.
FEBRUARY.
MARCH SO YOU GOT THREE MONTHS
WITH THE DATA THAT NOW YOU CAN
SAY.
YOU KNOW WHAT REALLY WHEN YOU
ORGANIZED DEAF PEOPLE.
IT WAS EVERYBODY ELSE.
SO THE CHAIRS AND NO OBVIOUS OF
A NO BECAUSE IT MESSES WITH TEN
SIXTY FIVE TO JONES SAWYER BILL
AND I KINDA LIKE THAT BILL
[inaudible]
SO.
IS THERE A MOTION [inaudible]
SEC.
ON AB SEVENTEEN SEVENTY TWO THE
MOTION IS TO PASS JONES SAWYER
NO JOHN SO YOU'RE NO LACKEY.
LACKEY I BAUER-KAHAN KNOW
BAUER-KAHAN NO DEEP.
DEEP I KAMLAGER-DOVE.
KAMLAGER-DOVE NO QUIRK.
QUIRK KNOWS SANTIAGO.
SAN DIEGO NO WICKS WICKS NOW.
I'M SORRY BEHAVE MYSELF THANK
YOU VERY MUCH BETTER LATER
MISTER MISTER TO WHICH SHOP
[inaudible]
MR SANTIAGO.
YOU ARE UP [inaudible]
YEAH.
THIS WAS NOT EVEN NOT EVEN.
SO MOVE DIRE SECOND SECOND.
WITH IT SHOULD BE OKAY WITH
BREVITY YES.
AB THREE TEN WHAT EXIT PROBATION
OFFICE PAROLE ROLLING CORRECTION
OFFICERS IN JURY DUTY AND
CRIMINAL CASES -- THIS POOR THEM
THIS BILL THAN BEFORE YOU.
BE FOR YOU IN THE PAST.
AND PASSED OUT BIPARTISAN
SUPPORT WOULDN'T -- HOUSE FOR AN
AYE VOTE.
WITH A RECOGNIZE OUT REAL SOON
ALBERTO TO RECALLBALBOA ST
CHELICERATES ORGANIZATION
SPONSORS IN SUPPORT OF THE BILL
THANK YOU.
M. REAL QUICK.
GOOD AFTERNOON MISTER CHAIR
MEMBERS ARE CAME A CALM IS VERY
BRIEF MY NAME IS JOHN KING AMITY
PROBATION OFFICER SAN MATTEO
COUNTY.
AS WELL AS A LEGISLATIVE CHAIR
FOR THE CHIU PROBATION OFFICES
CALIFORNIA.
AS YOU HAVE HEARD AB T. SB THREE
TEN WHICH CHANGE CURRENT
STATUTES EXAMPLE BASIN OFFICES
FROM JURY DUTY IN CRIMINAL
MATTERS.
THIS IS IMPORTANT BECAUSE AS AN
ARM OF THE COURT PROBATION
OFFICERS HAVE PRE CONVICTION
RESPONSIBILITIES SUCH AS
OPERATING PRE TRIAL PROGRAM TO
CONDUCTING RISK ASSESSMENTS.
AS WELL AS PREPARE REPORTS IN
MAKING RECOMMENDATIONS TO THE
BENCH UNSUITABILITY AN
ELIGIBILITY OF PROBATION.
THIS MAY ALSO INVOLVE TALKING
TODAY DEFENDED THE VICTIM
ANOTHER IMPACTED PARTIES.
FURTHER PROBATION OFFICERS WHO
HAVE BEEN SIGNIFICANT POST
CONVICTION RESPONSIBILITY
INCLUDING SUPERVISION OF
PROGRAMMING PERSONS OF PROBATION
MANDATORY SUPERVISION AS WELL AS
POST WITH THESE COMMUNITY.
SUPERVISION OF OFFENDERS AND AS
WELL AS SERVING THIRTY NINE
THOUSAND YOUTH A VARIETY OF
LEVELS OF THE SYSTEM.
THIS ROLE PUT.
YOU'RE ABOUT TO TALK PASS YES
ALL.
THANK YOU THAT.
ANY OTHER.
MANY OTHER WITNESSES IN SUPPORT.
SO WE WANT TO CALL FOR A BUT
THAT'S THE ONLY ISSUE.
BOB DISRESPECTFUL [inaudible]
SUPPORT.
THE PUBLIC DEFENDER'S
ASSOCIATION IN SUPPORT.
GAVIN MCCUE ON BEHALF OF THE
CALIFORNIA CORRECTIONAL PEACE
OFFICERS ASSOCIATION THANK.
RAIN SHERMAN WITH THE RIVERSIDE
SHERIFF'S ASSOCIATION WE ALSO
REPRESENT PROBATION OFFICERS AND
RIVERSIDE COUNTY WE SUPPORT THE
BILL THANK YOU.
ANYONE IN OPPOSITION.
GOOD AFTERNOON CHAIR AND
COMMITTEE MEMBERS.
I WILL BE BRIEF -- THE JUDICIAL
COUNCIL IS AND RESPECTFUL
OPPOSITION. TO THIS BILL IN
ACCORDANCE WITH OUR LONG
STANDING POLICY.
OF OPPOSING LEGISLATION.
OPPOSE THE LEGISLATION THAT
WOULD -- REDUCE THE JURY POOL.
THE JUDICIAL BRANCH HAS AN
OBLIGATION TO ENSURE THAT
THERE'S A REPRESENTATIVE.
GROUP OF PEOPLE AVAILABLE FOR
JURY SERVICE IN ANY -- ATTEMPTS
TO EXCLUDE PEOPLE OBVIOUSLY WILL
IMPACT THAT RESPONSIBILITY
MOREOVER WE BELIEVE THAT -- THE
CALIFORNIA RULES OF COURT --
MAKE SUCH CATEGORICAL EXCEPTIONS
UNNECESSARY -- AS THE AUTHORIZED
COURTS TO GRANT HARDSHIP EXCUSES.
MAKE SCHEDULING OF
ACCOMMODATIONS AND THE HARDSHIPS.
ALSO INCLUDED.
A PERSPECTIVE JUROR SERVICES ARE
IMMEDIATELY NEEDED FOR THE
PROTECTION OF PUBLIC HEALTH AND
SAFETY.
SO FOR ALL THOSE REASONS THE
JUDICIAL COUNCIL IS IN
OPPOSITION.
THANK YOU IS ANYONE ELSE IN
OPPOSITION.
QUESTIONS FROM COMMITTEE MEMBERS.
MISSY NINE YOU MAY CLOSE BUT
LAST NIGHT OF CHAIRS RECOMMENDED
I DON'T KNOW WHY YOU WANT TO BE
OFF BUT OKAY.
WE MOVE THE BILL HELLO.
I MOVED IT YEAH.
SELECT THE SECOND.
ON AB THREE TEN THE MISSION IS
TO PASS APPROPRIATIONS JONES
SAWYER OPTIONS ARE I LACKEY.
LACKEY I'VE BAUER-KAHAN
BAUER-KAHAN I DEEP.
DEEP I KAMLAGER-DOVE
KAMLAGER-DOVE I QUIRK.
QUIRK NOT VOTING SANTIAGO AYE
AYE SANTIAGO AYE WICKS WICKS I
THE MEASURE PASSES.
NO.
ONE QUESTION BUT IF YOU.
MOVE THE BELL SECOND.
AB.
FOR OVERALL HEALTH.
AB FOR THIRTEEN CHANGES
REFERENCE ARE AT RISK TO A
PROMISE IN EDUCATION PENAL CODES
ARE AT RISK IS A STIGMATIZED
LABOR TO CREATE AN EXPECTATION
OF BAIL.
AND FOCUSES ON A LIKE YOU'RE
USED BECOMING ANOTHER STATISTIC.
THIS IS A MINDSET THAT IS ALL
TOO PERSUASIVE IN SCHOOL WITH UP.
AB FOR THIRTEEN TRANSITION
CALIFORNIA TO THE STRENGTH BATES
APPROACH UP AT PROMISE AND
RECOGNIZE THE POTENTIAL EVERY
YOU TO SUCCEED FOR THESE REASONS
I RESPECTFULLY ASK THREE AYE
VOTE WITH ME TODAY TO PROVIDE
ADDITIONAL.
TESTIMONY ERNIE SOBRE FROM SIDE
TECH AND PAM GIVES FROM THE LA
COUNTY OFFICE OF EDUCATION THIS
SUMMER.
I'M ANY SILVER I'M IN EDUCATION
LOBBYISTS UNITED SEEM IN THIS
COMMITTEE BUT FOR THIRTEEN
RECOGNIZES HOW LANGUAGE IMPACTS
THE SCHOOLS TO PRISON PIPELINE.
A BEFORE THIRTEEN SUPPORTS
CALIFORNIA'S WORK AT ADDRESSING
TRAUMA BUILDING MEANINGFUL
COMMUNITY RELATIONSHIPS AND
RECOGNIZING THE CHALLENGES AND
VALUES OF YOUNG PEOPLE IN THEIR
COMMUNITIES ASK FOR AN AYE VOTE
AND I'VE CAN ANSWER ANY OTHER
QUESTIONS.
HELLO PAMELA GIVES REPRESENTING
THE LOS ANGELES COUNTY OFFICE OF
EDUCATION WE WANT TO THANK
MISTER JONES SAWYER FOR THE BILL
AND I ALSO REPRESENT THE
SUPERINTENDENT EVER EDUARDO --
WHO IS ALSO -- THE CO SPONSOR OF
THIS BILL WE KNOW THAT USING
LANGUAGE IS VERY IMPORTANT --
ESPECIALLY WHEN WE'RE DEALING
WITH YOUTH WE THINK THE MOST
IMPORTANT THING ABOUT THIS BILL
IS HAVE A USE SEE THEMSELVES AND
CHANGING THE LANGUAGE IN THE LAW
WILL HELP THEM.
REALIZE THAT WE VALUE THEM AND
FOR THESE REASONS WE ARE JUST
SUPPORT.
THE OTHER WITNESSES IN SUPPORT
[inaudible]
OPPOSITION.
MIKLOS OH SORRY.
ANYBODY GOT ANY QUESTIONS.
NOW YOU MOVE BACK TO THE AFTER I
VOTE.
AND DO IT.
AB FOUR TO THIRTEEN THE MOTION
IS TO PASS JONES SAWYER CHEN SIR
I LACKEY VOTING LACKEY NOT
VOTING BY BAUER-KAHAN.
BAUER-KAHAN I DEEP.
I KAMLAGER-DOVE KAMLAGER-DOVE I
QUIRK.
QUIRK AYE SANTIAGO.
SANTIAGO HI WICKS WICKS I
MEASURE PASSES.
WAY TO GO.
LET'S CALL THE ABSENT.
ON THE ON CALL -- BUT DUE TO
VOTE ONLY RIGHT NOW.
WHICH MOVIE YEAH I CAN'T THE
BILL'S IS.
FORTY ONE ITEM FORTY ONE AB
SIXTY ONE TEAM.
WE ARE MOTION MOVED LET'S GO.
I NAY BE SIXTY ONE THE MOTION IS
TO DO PASSED JONES SAWYER LIVE
JONES SAWYER AYE LACKEY.
LACKEY NOPE BAUER-KAHAN
BAUER-KAHAN I DEEP BILL DEEP NO
KAMLAGER-DOVE HI KAMLAGER-DOVE
HI QUIRK.
QUIRK AYE SANTIAGO.
SANTIAGO I WICKS WICKS I THAT
MEASURE PASSES.
ITEM NUMBER ONE THIS MEASURE WAS
ON CALL AB ONE EIGHTY COM LONGER
TO HAVE.
I KAMLAGER-DOVE I SANTIAGO
SANTIAGO BY THAT MEASURE PASSES.
ITEM NUMBER TWO EIGHTY TWO FORTY
THREE DEEP.
I DEEP AYE QUIRK AYE QUIRK AYE
SANTIAGO [inaudible]
SANTIAGO I ITEM NUMBER THREE WAS
ON CONSENT.
ITEM NUMBER FOR WAS JUST
DISPENSED WITH.
ITEM NUMBER FIVE EIGHTY THREE
TWENTY NINE DEEP I DEEP I
SANTIAGO SANTIAGO I I DON'T
NUMBER SIX WAS ON CONSENT.
ITEM NUMBER SEVEN THIS MEASURE
WAS ON CALL AB THREE SIXTY TWO
BAUER-KAHAN.
BAUER-KAHAN I'D DEEP.
DEEP NO SANTIAGO.
SANTIAGO BY THAT MEASURE PASSES.
ITEM NUMBER EIGHT AB THREE
NINETY ONE THIS MEASURE WAS ON
CALL LACKEY.
LACKEY I BAUER-KAHAN HI
BAUER-KAHAN I DEEP.
DEEP I QUIRK.
HI QUIRK I SAN DIEGO SAN DIEGO I
THAT MEASURE PASSES.
ITEM NUMBER NINE ON CONSENT ITEM
NUMBER TEN WAS PULLED BY
COMMITTEE.
ITEM NUMBER ELEVEN HAS BEEN
DISPENSED WITH.
ITEM NUMBER TWELVE AB.
FIVE TWENTY ONE DEEP.
I VOTING DEEP NOT VOTING
KAMLAGER-DOVE HI KAMLAGER-DOVE I
WICKS WICKS I ITEM NUMBER
THIRTEEN WAS PULLED BY THE
AUTHOR.
ITEM NUMBER FOURTEEN EIGHTY SIX
FIFTEEN THIS MEASURE WAS ON CALL
BARRICADE CAM NO BARRICADE HAD
NO DEEP.
I KAMLAGER-DOVE NO KAMLAGER-DOVE
NO SANTIAGO.
SUN BUT SANTIAGO NO WICKS WICKS
KNOW THAT MEASURE FAILS.
YES.
BY UNANIMOUS CONSENT.
BRANSON RECONSIDERATION WE
APPROVED RECONSIDERATION.
ITEM NUMBER FIFTEEN EIGHTY SIX
FIFTY LACKEY.
HI.
LACKEY I DEEP.
THIS IS FILE NUMBER.
FIFTY ITEM NUMBER FIFTEEN EIGHTY
SIX FIFTY BY MR LOEB.
DEEP AYE SANTIAGO SANTIAGO I I
DON'T NUMBER SIXTEEN EIGHTY SIX
NINETY SIX DEEP.
DEEP I QUIRK QUIRK I SANTIAGO
[inaudible]
SANTIAGO I I DON'T NUMBER
SEVENTEEN WAS ON CONSENT.
I THE NUMBER EIGHTEEN WAS PULLED
BY THE AUTHOR ITEM NUMBER
NINETEEN WAS WITHDRAWN FROM
COMMITTEE.
ITEM NUMBER [inaudible]
TWENTY EIGHTY NINE TWENTY EIGHT
DEEP.
DEEP I KAMLAGER-DOVE.
KAMLAGER-DOVE NOT VOTING
SANTIAGO.
SOMEDAY BUT NOT VOTING.
ON RECONSIDERATION DEEP. FOR THE
BILL START RECONSIDERATION ON
YOUR HERE WHEN WE GRANTED IT.
FROM GRAYSON.
I DEEP HI KAMLAGER-DOVE ON
RECONSIDERATION.
KAMLAGER-DOVE I SANTIAGO.
RECONSIDERATION RECONSIDERATION
GRAYSON.
AGO I ROGER ITEM TWENTY ONE WITH
ON CONSENT ITEM TWENTY TWO WAS
PULLED BY COMMITTEE ITEM NUMBER
TWENTY THREE THIS MEASURE WAS ON
CALL AB ELEVEN EIGHTY TWO DEEP.
NO.
DEEP NO QUIRK.
HI QUIRK AYE SANTIAGO.
SANTIAGO BY THAT MEASURE PASSES.
ITEM TWENTY FOUR WAS PULLED BY
COMMITTEE.
ITEM TWENTY FIVE EIGHTY TWELVE
FIFTEEN THIS MEASURE WAS ON CALL
LACKEY NO LACKEY NODE DEEP
[inaudible]
YES DEEP I KAMLAGER-DOVE HI%
KAMLAGER-DOVE HI QUIRK HI QUIRK
AYE SANTIAGO SANTIAGO BY THAT
MEASURE PASSES.
ITEM TWENTY SIX AB TWELVE
SIXTEEN DEEP [inaudible]
NO.
NO SANTIAGO WELL I'M I'M SORRY --
IT'S IT'S IT'S HI THIS IS THE
ILLEGAL DUMPING.
YES SIR I HOUGHT AB AB.
TWELVE SIXTEEN ON AB TWELVE
SIXTEEN DEEP NO DAI [inaudible]
SANTIAGO [inaudible]
SANTIAGO I I DON'T NUMBER TWENTY
SEVEN AB TWELVE EIGHTY BY MR
GRAYSON LACKEY.
NOT VOTING LACKEY NOT VOTING BY
BAUER-KAHAN.
BARRICADE HAD NOT VOTING DEEP HI.
DEEP I KAMLAGER-DOVE OF MARGARET
OF NOT VOTING.
ENRIQUE CONSIDERATION FOR THIS
BILL DEEP.
DEEP I KAMLAGER-DOVE OF
KAMLAGER-DOVE I SANTIAGO
[inaudible] FOR RECONSIDERATION.
SAN DIEGO I ITEM TWENTY EIGHT AB
THIRTEEN THIRTY ONE THIS MEASURE
WAS ON CALL LACKEY.
LACKEY NO BARRICADE HAND HI
BAUER-KAHAN HI DEEP.
WHAT WHAT I'M SORRY WHAT WHAT
PHONE NUMBER WE AB THIRTEEN
THIRTY ONE ITEM NUMBER TWENTY
EIGHT BY MISTER BONTA HI?
DEEP I QUIRK AYE QUIRK AYE
SANTIAGO.
SANTIAGO BY THAT MEASURE PASSES.
ITEM TWENTY NINE WITHIN CONSENT.
ITEM NUMBER THIRTY AB FOURTEEN
TWENTY TWO BY MISTER GIBSON.
BARRY CAM NO BAUER-KAHAN NO
KAMLAGER-DOVE.
KAMLAGER-DOVE NOT VOTING WICKS.
WICKS NOT VOTING ON
RECONSIDERATION BARRICADE CAM.
I ABOUT BARRICADE HAND I'D
KAMLAGER-DOVE.
KAMLAGER-DOVE I WICKS WICKS I ON
ITEM NUMBER THIRTY ONE WAS
WITHDRAWN FROM COMMITTEE ITEM
NUMBER THIRTY TWO WAS ON CONSENT.
ITEM NUMBER THIRTY THREE WAS
PULLED BY THE AUTHOR.
ITEM THIRTY FOUR A. B. SIXTEEN
FIFTY TWO DEEP.
HI DEEP I SANTIAGO.
SANTIAGO I ITEM THIRTY FIVE WAS
ON CONSENT ITEM THIRTY SIX WAS
ON CONSENT.
ITEM THIRTY SEVEN WAS ON CONSENT.
ITEM THIRTY EIGHT AB SEVENTEEN
SIXTY FOUR BY MISS CARILLO DEEP.
HI.
DEEP I QUIRK.
HI QUIRK AYE SANTIAGO SANTIAGO I
I AM THIRTY NINE WAS JUST
DISPENSED WITH.
ITEM NUMBER FORTY AB SEVENTEEN
NINETY EIGHT BY MISTER LEVINE
LACKEY.
LACKEY NO DEEP VOTING DID NOT
VOTING SANTIAGO SANTIAGO AYE.
AN ITEM FORTY ONE WAS JUST
DISPENSED WITH. TWENTY SEVEN TO
ON ITEM NUMBER TWENTY SEVEN AB
TWELVE EIGHTY LACKEY NOT VOTING
TO I ARE WE DONE.
THE THE PUBLIC SAFETY COMMITTEE
NOW STANDS ADJOURNED.
WE