IT'S NOT A CLOCK IN WAITING.
FOR ASSEMBLY PUBLIC SAFETY
COMMITTEE MEMBERS TO JOIN US SO
THAT WE CAN GET A QUORUM.
OF BOTH REPUBLICANS AND
DEMOCRATS WE NEED YOU.
COMMITTEE MEMBERS WE NEED YOU TO
GET TO THE COMMITTEE ROOM AS
SOON AS POSSIBLE.
IF NOT SOONER
.
YES -- GOOD
MORNING --
WELCOME TO THE ASSEMBLY
COMMITTEE ON PUBLIC SAFETY --
CAM SECRETARY CALL THE ROLL.
JONES SAWYER HERE LACKEY.
BARRICADE HAND.
DEEP.
KAMLAGER-DOVE OF QUIRK
[inaudible]
SANTIAGO [inaudible]
WICKS.
A QUORUM IS PRESENT --
WE HAVE A PROPOSED CONSENT
CALENDAR --
ITEM NUMBER THREE AB ONE SIX
FOUR CERVANTES FIREARMS
PROHIBITED PERSONS --
ITEM NUMBER SEVEN AB THREE OH
FOUR JONES SAWYER WIRE TAPPING
AUTHORIZATION --
ITEM NUMBER TWELVE AB FOUR ONE
FIVE MAIENSCHEIN --
VICTIMS COMPENSATION RELOCATION
PETS.
AND THEN ITEM NUMBER THIRTEEN AB
FOUR TO FIVE COOLEY FIREARMS
AMMUNITION SALES URGENCY
[inaudible]
SECOND.
ON THE CONSENT CALENDAR JONES
SAWYER AYE JONES SAWYER AYE
LACKEY.
LACKEY HI BARRICADE HAN.
DEEP.
KAMLAGER-DOVE UP QUIRK.
HERE ARE AYE QUIRK AYE SANTIAGO.
SANTIAGO AYE WICKS HI WICKS I
THE TICKET SAID CALENDAR IS
ADOPTED.
AND WE WILL GO TO TO READ THE
REGULAR AGENDA --
SINCE MISS IRWIN IS NOT HERE
WE'LL GO TO MR FLORA OF WHERE --
I I'M SORRY TO SEE YOU COME ON
UP.
I'M USED TO EVERYONE IN THE
FRONT ROW I'M SO SORRY.
MEMBERS HAVE PRIORITIES TO THE
FRONT ROW JUST SO YOU KNOW IN
THIS COMMITTEE.
SO -- I I
JUST WANTED TO CONFIRM THAT OF
AB TWELVE AND THREE FORTY WERE
PULLED.
YES OKAY.
SO GOOD MORNING HOW --
CHAIR JONES SAWYER AND MEMBERS
OF THE COMMITTEE I AM HAPPY TO
PRESENT TO AB THREE THREE NINE
TWO THIS MORNING WHICH WOULD
REQUIRE LOCAL LAW ENFORCEMENT
AGENCIES. TO HAVE POLICIES AND
STANDARDS RELATING TO GUN
VIOLENCE RESTRAINING ORDERS.
THIS IS ONE OF A PACKAGE OF
BILLS THIS SESSION IN RESPONSE
TO THE BORDERLINE SHOOTING IN MY
DISTRICT WHICH TOOK THE LIVES OF
TWELVE OF MY CONSTITUENTS.
OF LAST FALL I SPENT THE LAST
FEW MONTHS WORKING WITH LAW
ENFORCEMENT AND COMMUNITY
MEMBERS TO DEVELOP LEGISLATION.
THAT HOPEFULLY WILL HELP AVOID
ANOTHER TRAGEDY LIKE THE ONE
INFLICTED UPON.
OUR COMMUNITY GUN VIOLENCE
RESTRAINING ORDERS ARE OR G. V.
R. OWES AS MANY OF YOU KNOW OUR
A NEW TOOL.
THAT THE LEGISLATURE HAS CREATED
TO PRO ACTIVELY INTERVENE IN
DANGEROUS SITUATIONS IN OUR
COMMUNITIES.
ACHIEVE YARO ALLOWS A FAMILY
MEMBER OR LAW ENFORCEMENT TO
DEFUSE DANGEROUS SITUATION A
DANGEROUS SITUATION BY REMOVING
FIRE ARMS FROM THE EQUATION.
UNFORTUNATELY TOO MANY
JURISDICTIONS IN CALIFORNIA DO
NOT KNOW THAT THIS TOOL EXISTS.
AS THE COMMITTEES AND ALICE'S
SHOWS THE GROWTH OF G. OF EURO
ISSUANCE HAS BEEN SLOW WITH LAST
YEAR ONLY SEEING.
A FOUR HUNDRED AND TWENTY ISSUED
FURTHERMORE ONLY A HANDFUL OF
JURISDICTIONS ARE --
ISSUING THEM THE LINE SHARE WITH
OVER TWO HUNDRED IS FROM SAN
DIEGO.
AND TWENTY OF THE FIFTY EIGHT
COUNTIES HAVE NEVER ISSUED.
ONE AB THREE THREE NINE WOULD
PROVIDE A JUMPSTART TO LAW
ENFORCEMENT'S AWARENESS OF THIS
TOOL.
BY REQUIRING LOCAL DEPARTMENTS
TO WORK WITH GUN VIOLENCE
PREVENTION EXPERTS AND MENTAL
HEALTH PROFESSIONALS. TO DEVELOP
POLICIES AND STANDARDS THIS
PROCESS WILL RESULT IN BOTH
COMMAND STAFF A ON PATROL
OFFICERS WERE ACQUIRING THE
KNOWLEDGE NEEDED TO USE TV ARE
OWES.
AND TO BE PROACTIVE IN KEEPING
OUR COMMUNITIES.
I RESPECTFULLY ASK FOR YOUR I
FELT MEMBERS.
YES YOU HAVE WITNESSES A WITNESS
NO WITNESSES --
I'M SORRY I DIDN'T.
OKAY WE DO HAVE A WITNESS.
HI I'M AMANDA WILCOX HERE ON
BEHALF OF THE CALIFORNIA
CHAPTERS OF THE BRADY CAMPAIGN
TO PREVENT GUN VIOLENCE AND I
SHOULD ANNOUNCE THAT WE ARE NAME
CHANGING OUR NAME.
TO BRADY CALIFORNIA.
UNITED AGAINST GUN VIOLENCE SO
YOU'LL START SEEING THAT IN THE
FUTURE -- WE
HAVE BEEN INVOLVED IN THE
IMPLEMENTED IMPLEMENTATION OF
THE G. R. CALIFORNIA'S COMBINES
RESTRAINING ORDER LAW.
I SINCE AB TEN FOURTEEN WAS
ENACTED IN --
TWENTY FOURTEEN AS YOU'VE HEARD --
THE STATISTICS IT HAS NOT USED
AROUND CALIPHS ROUTE CALIFORNIA.
AND WE BELIEVE UNDER USE AND
THERE ARE A NUMBER OF REASONS
FOR THAT WE HAVE DONE SOME CLEAN
UP LEGISLATION IN THE PAST WILL
CONTINUE TO DO SO.
BUT CLEARLY ONE OF THE PROBLEMS
IS THAT --
LAW ENFORCEMENT IS EITHER NOT
BEEN AWARE OF THE LAW --
DO NOT UNDERSTAND HOW CAN FILL
GAPS IN EXISTING LAW
PARTICULARLY WHEN OF CHIEF EURO
WOULD BE USED INSTEAD OF A FIFTY
ONE FIFTY HOLD.
AND THEY LACK A PROCESS FOR
IMPLEMENTING THE LAW IN THEIR
OWN JURISDICTION AND I CERTAINLY
FOUND THIS TO BE THE CASE IN MY
COUNTY NEVADA COUNTY WHEN I
APPROACH LAW ENFORCEMENT ABOUT
IT.
FIRST THING THEY SAID WAS WELL
WE NEED TO FIGURE OUT A PROCESS
FOR OUR COUNTY THAT WORKS FOR
OUR COUNTY EACH COUNTIES
DIFFERENT PER TRICKLING FOR
RURAL COUNTIES WHERE I LIVE IN
URBAN COUNTIES --
THAT'S ON EVERYONE'S WISHLIST
ATTENDS NOT TO HAPPEN UNLESS
THERE IS LEGISLATION REQUIRING
IT -- AND WE
FEEL THAT THIS IS AN IMPORTANT
PIECE OF GETTING THIS LAW INCOME
FULLY IMPLEMENTED IN CALIFORNIA
IN REALIZING THE LIFESAVING
BENEFITS OF REMOVING FIREARMS
FROM PEOPLE.
WHO ARE ARE BRISK OF DANGEROUS
NOUS SO I WOULD URGE YOUR
SUPPORT THANK YOU?
THANK YOU ANY WITNESSES IN
SUPPORT NAME IN ORGANIZATION
PLEASE.
GOOD MORNING GOOD MORNING.
PUT WEIGHT.
GOOD MORNING DANIELLE CANDOR
BECAUSE OUR BEHALF OF THE
EFFORTS LAW CENTER TO PREVENT
GUN VIOLENCE IN STRONG SUPPORT.
THANK YOU.
DONNA SITES REPRESENTING LOS
ANGELES COUNTY BOARD OF
SUPERVISORS IN SUPPORT THANK YOU.
GOOD MORNING ELIZABETH ESPINOSA
HERE TODAY ON BEHALF OF THE
VENTURA COUNTY BOARD OF
SUPERVISORS OF COURSE THE SIDE
OF THE BORDER LINE SHOOTING AND
SUPPORT ALSO ON BEHALF OF THE
SANTA CRUZ COUNTY BOARD OF
SUPERVISORS THANK YOU THANK YOU.
CALVIN QUICK BAY AREA STUDENT
ACTIVISTS IN SUPPORT.
THANK YOU SIR [inaudible]
OKAY.
THANK YOU ARE ANY WITNESSES IN
OPPOSITION.
HAVE A SEAT.
GOOD MORNING MY FIRST APPEARANCE
THIS YEAR GOOD TO SEE EVERYONE --
CAPULETS REPRESENTING THE
NATIONAL SHOOTING SPORTS
FOUNDATION UP FIRST OF ALL I'D
LIKE TO SAY THE CERTAINLY WE
SUPPORT THE POLICY HERE AND
ACTUALLY I ACTUALLY.
AGREE WITH THE BRADY CAMPAIGN ON
THE PATCHWORK QUILT OUR CONCERN
INITIALLY --
REPRESENTING SPORTS MEN AND AND
SHOOTERS THAT TRAVEL TO AND FROM --
RANGES IS THAT YOU HAVE --
NOT STATE PREEMPTION HERE THAT
THE AMENDMENTS MAKE SOME
IMPROVEMENTS TO THE BILL BY
PUTTING IN WRITTEN POLICIES AND
STANDARDS --
TO PRIVATE PROVIDE SOME
CONSISTENCY HOWEVER IT REALLY
DOESN'T MANDATE THAT THE
COMMISSION DEVELOP THE COURSE
WORK ON OR THAT LAW ENFORCEMENT
TAKE THE COURTS WORK SO IF WE'RE
GOING TO HAVE SOME
STANDARDIZATION TO THOSE WE
WOULD ENCOURAGE --
THE BILL AND THE COMMITTEE --
TO CONSIDER THAT AS THE BILL
MOVES ALONG THANK YOU THANK YOU.
ARE THERE ANY OTHER WITNESSES IN
OPPOSITION.
ARE THERE ANY QUESTIONS FROM
COMMITTEE MEMBERS MISTER QUIRK --
IT'S ALL BE VOTING FOR YOUR BILL
TODAY I THINK IT'S A GOOD ONE I
THINK WE DO I THINK YOU'RE RIGHT
THAT.
PEOPLE NEED TO KNOW MORE --
BUT WE'RE ALSO WORRIED ABOUT
OFFICERS --
JUST HAVING SO MUCH TRAINING
THEY DON'T GET OUT ON THE
STREETS I THINK THIS IS A GOOD
COMPROMISE.
THAT YOU HAVE STANDARDS --
PEOPLE GET.
SEE THEM WITHOUT TAKING --
A VERY VERY LONG TIME TO TRAIN
IT CETERA SO.
HI -- DO YOU
HAVE ANY COMMENTS ABOUT
STANDARDIZATION IS THERE
ANYTHING ELSE THAT YOU WOULD TO
A PLAN TO DO --
OVER LOOK AT IF THEY YOU'VE GOT
SUGGESTIONS --
FROM THE OPPOSITION.
AS SO FIRST I IRA APPRECIATE
YOUR COMMENTS WE'VE WE'VE FOUND
THAT A LOT OF LAW ENFORCEMENT
WAS NOT AWARE AND BUT WE REALLY
WANT TO DO IS MAKE SURE THAT
EVERY.
COUNTY REACHES OUT TO THE
ACTIVISTS GROUPS.
AND MENTAL HEALTH PROFESSIONALS
IN THEIR COUNTY TO VISUAL
POLICIES OF THE ASSEMBLY MEMBER
GABRIEL HAS A BILL TO REQUIRE --
POST TRAINING WITH G. V. R. OWES
BUT EVEN WITHOUT THAT BILL WE
HAVE BEEN TOLD THAT THEY ARE
GOING TO START TO IMPLEMENT
TRAINING THROUGH POST ON TV ARE --
SO I DON'T THINK THAT'S MORE OF
THE STANDARDIZATION OUR CONCERN
IS THAT THAT THAT COULD TAKE UP
TO FIVE YEARS TO IMPLEMENT AND
RIGHT NOW.
WE THINK IT'S VERY PRESSING FOR
EACH DEPARTMENT --
TO DEVELOP POLICIES AS QUICKLY
AS POSSIBLE SO --
DO YOU THINK THERE'S ANYTHING
ELSE YOU CAN DO IN TERMS OF
STANDARDISATION THE OPPOSITION'S --
CONCERN [inaudible]
OF I THINK THAT'S THE I THINK
DEVELOPING TRAINING THROUGH POST
IS REALLY.
IS IS -- THE
BEST WAY TO ACHIEVE THAT AND
AGAIN EACH INDIVIDUAL COUNTY HAS --
YOU KNOW DIFFERENT CONSTITUENCY
AND AND WE THINK IT'S IMPORTANT
TO ALLOW THEM TO DEVELOP
POLICIES THAT WORK FOR THEIR
CONSTITUENCY.
OKAY -- I'LL
MOVE THE BILL THANK YOU.
THE SECOND IS BEEN MOVING STATE
OR ANY OTHER QUESTIONS FROM
COMMITTEE MEMBERS.
MISS KAMLAGER-DOVE.
THANK YOU MISTER CHAIR SO I TO
WILL BE SUPPORTING --
THIS BILL IN I THANK YOU --
FOR BRINGING IT FORWARD EIGHT A
I WOULD RECOGNIZING THAT THERE
ARE BOTH INCONSISTENCIES WITH
THE NUMBER AND TYPES OF AGENCIES
THAT ALREADY HAVE POLICIES LIKE
THIS IN EXISTENCE --
AND ALSO RECOGNIZE CHALLENGES
THAT SOME AGENCIES MAY HAVE IN
ACTUALLY DEVELOPING SOUND
POLICIES THAT THEY UNDERSTAND --
AND SO THAT IS MY HOPE WITH
THESE AND OTHER KINDS OF BILLS
THAT NOT ONLY ARE WE FOCUSING ON
HAVING POLICIES AND PRACTICES
THAT ARE DESIGNED.
BUT ALSO HELPING --
LAW ENFORCEMENT UNDERSTAND HOW
TO DESIGN.
GOOD POLICIES AND HELPING THEM
COMPREHEND WHAT IT IS BECAUSE
IT'S ONE THING TO JUST HAVE
SOMETHING ON THE BOOKS AND YOU
SAY HEY THIS IS THE PROTOCOL
THAT WE'RE GOING TO USE.
BUT IT'S ANOTHER THING TO HAVE
FOLKS ACTUALLY UNDERSTAND WHAT
THOSE POLICIES MEAN AND HOW TO
IMPLEMENT THEM AND HOW TO GET
HELP AND CONTINUING TO MAKE THE
RELEVANT SO I'M CERTAINLY HOPING
THAT THIS CAN BE A STEP IN THAT
DIRECTION.
I ALSO KIND OF CAUTION AGAINST
SB EXPEDIENCY ALWAYS WITHOUT
COMPREHENSION WE RUSHED TO KIND
OF GET THINGS IN PLACE WITHOUT
RECOGNIZING THAT THERE'S
TRAINING AND EDUCATION THAT HAS
TO HAPPEN ON THE FRONT AND SO
THANK YOU FOR THIS BILL.
THANK YOU.
ARE THERE ANY OTHER QUESTIONS OR
COMMENTS.
OKAY YOU MAY CLOSE MISSOURI --
JUST REQUEST AN AYE VOTE PLEASE
IN AND I WANT TO THANK YOU FOR
WORKING WITH THE COMMITTEE
MEMBERS AND CHAIRS RECOMMENDING
AND I CALL THE ROLL.
ON AB THREE THREE NINE THE
MOTION IS TO PASS TO THE
APPROPRIATIONS COMMITTEE JONES
SAWYER.
JONES SAWYER I LACKEY.
LACKEY AYE BARRICADE HAN
BARRICADE HAND I DEEP I DEEP I
KAMLAGER-DOVE UP.
KAMLAGER-DOVE I QUIRK.
AYE SANTIAGO.
SANTIAGO I'D WICKS HI WICKS I
THE MEASURE PASSES THANK YOU
VERY MUCH THANK YOU [inaudible]
AND NOW.
WE HAVE MISTER HE FLOOR AB FOUR
OH ONE ITEM NUMBER ELEVEN WITH
[inaudible]
PROPS.
A VERY VISUAL PERSON.
I ONLY TO IT MAYBE COULD BRING
IT A LITTLE CLOSER SO THAT.
ARE ON THAT SIDE SO THAT WAS THE
WHOLE COMMITTEE CAN SEE IT.
THIS IS MY ARE FOR REFERENCE OF
YEAH I JUST WANNA MAKE SURE YOU
YOU WENT TO A LOT OF X..
TROUBLE TO GET THAT DONE I WANNA
MAKE SURE EVERYONE SEES IT
[inaudible]
PERFECT.
WELL THANK YOU CHAIR AND MEMBERS
WERE HERE TO PRESENT AB.
FOUR OH ONE WHICH MAKE
SOMEBODY'S FIFTY YOU WHY A
FELONY.
AB FOR ONE STEM FROM A SHERIFF
DEPUTY IN MY DISTRICT WHO LOST
HIS LIFE IN PURSUIT OF A DRUNK
DRIVER.
WHO HAD FIVE PRIOR DO YOU EYES
IT ALSO STEMS FROM A STRING OF
THE I. RELATED?
TRAFFIC FELONIES FATALITIES
INJURIES IN THE CENTRAL VALLEY
OVER THE LAST SEVERAL YEARS.
TOUGHER SANCTIONS CAN BE HARD TO
VOTE I UNDERSTAND THAT THE
HISTORY SHOWN IS THAT SOMETIMES
THESE HARD VOTER EFFECTIVE
UNNECESSARY.
IN ORDER TO PROTECT OUR
CONSTITUENTS.
VIEW THE ARGUMENTS AGAINST FOUR
ONE HAVE BEEN FELONIES ARE MORE
EXPENSIVE THAN MISDEMEANORS
FELONIES HAVE SEVERE
CONSEQUENCES THE HARDSHIP OF
PENALTIES ON DEFENDANTS SHOULD
BE CONSIDERED.
AND WITH ALL DUE RESPECT THESE
ARGUMENTS A WIFE WHO HAS LOST
HER HUSBAND DOESN'T CARE HOW
EXPENSIVE IT IS TO PROSECUTE A
FELONY.
CHILDREN HAVE LOST THEIR MOTHER
DON'T CARE HOW SEVERE THE
CONSEQUENCES ARE.
YOU'VE LOST A CHILD DON'T CARED
TO CONSIDER THE HARDSHIPS ON OF
THE PENALTIES ON A DRUNK DRIVER.
WHAT'S MORE SOMEONE WHO WAS ON
THEIR FIFTY WHY DOESN'T CARE.
THEY DON'T CARE ABOUT THEMSELVES
DO NOT CARE ABOUT THE
MISDEMEANOR VIOLATION.
THEY CERTAINLY DON'T CARE ABOUT
THE INNOCENT MEN WOMEN AND
CHILDREN THAT SHARE THE ROAD
WITH THEM.
PARTS OF ALSO DISCUSSED REMOVAL
JUDICIAL DISCRETION IS BEING
UNNECESSARY.
DOES A FIFTY Y. WARRANTS A
FELONY CHARGE JUDGES WILL CHARGE
THEM THAT IF A FIFTY AND DO YOU
AYE WARRANTY FELONY CHARGE.
THE JUDGES WILL CHARGE IS A
FELONY IF NOT THEY WILL CHARGE
AS A MISDEMEANOR.
I WOULD ARGUE SOMEONE WHO IS
CHOSEN TO DRIVE DRUNK ON FIVE
SEPARATE OCCASIONS SHOULD NEVER
WARRANT A MISDEMEANOR CHARGE.
THE PERSON IS WILLFULLY AND
REPEATEDLY ENDANGERING OTHERS.
WE'RE NOT TALKING ABOUT THE
CONSEQUENCES FOR THE FIRST YOU
Y..
OR THE SECOND THE THIRD. FOR THE
FOURTH.
WE TALK ABOUT SOMEONE HAS MADE A
CONSCIOUS DECISION TO FIVE TIMES.
TO DRIVE AND DRIVE DRUNK.
CONSEQUENCE ON THE FIFTY WHY
SHOULD BE SEVERE AB FOUR ONE
TAKES COMMONSENSE STEPS TOWARDS
ENHANCING PENALTIES TO ESTABLISH%
SERIOUS REPERCUSSIONS FOR REPEAT
OFFENDERS TO A VERY SERIOUS
CRIME.
EVERY SINGLE TIME SOMEONE
CHOOSES TO DRIVE DRUNK VERY
MORTAL DANGER TO THEMSELVES AND
EVERY SINGLE AS A MAN WOMAN AND
CHILD ON THE ROAD WITH THEM.
THOUSANDS OF LIVES HAVE BEEN
LOST YOU CAN'T BRING THEM BACK.
AND I BELIEVE ENOUGH IS ENOUGH.
THIS BILL IS RECEIVED SUPPORT
FROM LOCAL LAW ENFORCEMENT
INCLUDING CALIFORNIA POLICE
CHIEFS ASSOCIATION. FOR PEACE
OFFICE ASSOCIATION CITY MANTECA
POLICE DEPARTMENT CITY OF
RICHMOND POLICE DEPARTMENT ESCON
POLICE DEPARTMENT RIVERSIDE
SHERIFF'S ASSOCIATION THE SAN
JOAQUIN COUNTY SHERIFF'S OFFICE.
AND STANISLAUS COUNTY SHERIFF'S
DEPARTMENT.
HERE TO TESTIFY WITH ME IS MY
COUNTY SHERIFF SO WE CAN COUNTY
SHERIFF PATRICK WITH REAL.
WELCOME SIR GOOD MORNING THANK
YOU VERY MUCH THIS IS MY FIRST
TIME EVER TESTIFYING IN FRONT OF
A A COMMITTEE AND I APPRECIATE
BEING HERE.
COURSE I'VE ONLY BEEN A SURE FOR
ABOUT TEN WEEKS.
SO HOPEFULLY I'LL BE BACK A LOT
OF TIMES --
THANK YOU FOR ALLOWING ME TO
COME TESTIFY THIS MORNING.
YOU KNOW IT'S IT'S IT'S
INTERESTING TO ME WHEN
ASSEMBLYMAN FLORA CONTACTED ME
ABOUT THIS IT.
IT KIND OF SEEMS LIKE A NO
BRAINER TO ME YOU KNOW AND AND
I'VE BEEN IN LAW ENFORCEMENT FOR
ALMOST THIRTY YEARS NOW.
AND AND I COME TO SPEAK NOT
NECESSARILY AS A GUY WHO'S DONE
A LOT OF THE U. I. ARRESTS
BECAUSE IN AS AS MOST OF YOU
MUST KNOW --
THE SHERIFF'S DON'T DO DO YOU
AYE ARREST WE PULL THEM OVER WE
WE CHECK IN IF WE THINK
SOMEBODY'S --
UNDER THE INFLUENCE WE PASSING
OVER TO TO C. H. P. THEY COME IN
AND HANDLE THAT FORCE BECAUSE
THEY'RE THE EXPERTS ON THAT --
BUT I HAVE BEEN TRAINED IN DO
YOU EYES BECAUSE I WORKED IN ONE
OF OUR CONTRACTS CITIES.
AND I'VE SEEN THE IMPACT THAT IT
HAD IS IS AS A DEPUTY CORONER.
I'M THE ONE WHO GOES IN THE
MIDDLE OF THE NIGHT AND KNOCKS
ON THE DOOR.
AND TELL THE FAMILY THEIR LOVED
ONES NOT COMING HOME.
AND I'VE DONE THAT MANY MANY
TIMES IN MY CAREER AND I CAN
TELL YOU I REMEMBER EVERY SINGLE
ONE OF THEM.
I'LL CARRY THOSE WITH ME FOREVER --
SO YOU CAN UNDERSTAND THE THE
THE PAIN THAT A FAMILY FEELS
WHEN THEY LOSE A LOVED ONE IN
ANY MANNER --
BUT TO HEAR THAT IT WAS FROM
SOMEBODY.
WHO WAS ON THEIR FIFTH OR MORE
DO YOU WHY BECAUSE WE HAVE TO
REMEMBER?
JUST BECAUSE SOMEBODY'S BEEN
ARRESTED FIVE TIMES FOR DRIVING
AND THEIR INFLUENCE THERE ARE
PROBABLY HUNDREDS IF NOT
THOUSANDS OF TIMES THEY'VE
DRIVEN.
AND GOTTEN AWAY WITH IT.
I BELIEVE THE STATISTIC IS ON A
FRIDAY OR SATURDAY NIGHT --
ONE IN EVERY TEN CARS AROUND YOU
HAS SOMEBODY UNDER THE INFLUENCE
DRIVING.
SO -- AFTER
FIVE TIMES IN A AND I'M IN FAVOR
OF REHABILITATION I USED TO RUN
OUR INTERNAL --
ARE ALTERNATIVE WORK PROGRAMS IN
OUR HOME DETENTION PROGRAMS I
WAS THE ONE TO PUT POLICIES IN
PLACE TO ALLOW PEOPLE TO COME
OUT OF JAIL.
AND I COULD MONITOR THEM BY
PUTTING ALCOHOL BRACELETS ON
THEM TO FREE UP THOSE PRISON
CELLS -- IN
JAIL CELLS FOR PEOPLE WHO ARE
OUT SHOOTING AND STABBING AND
AND THINGS LIKE THAT OUR
CITIZENS --
BUT WHEN YOU GET TO YOUR FIFTY
WHY EVEN THE GUYS THAT I PUT THE
ANKLE BRACELET ON THEY DRANK
THEY GO OUTAND DRINK KNOWING
THAT I'M GOING TO BE --
MEDIATE LEE NOTIFIED THAT THEY
HAVE HAD SOMETHING TO DRINK IT'S
A IT IS A SICKNESS IT'S AN
ILLNESS WE UNDERSTAND THAT WE
HAVE TO TREAT IT.
BUT AT SOME POINT WE HAVE A
RESPONSIBILITY TO DRAW THE LINE
AND SAY ANALYSIS ON NOT YOU HAVE
TO BE HELD ACCOUNTABLE IN WHEN
WE GET PEOPLE INTO CUSTODY.
THAT'S WHEN THEY HAVE THE
OPPORTUNITY TO DRY OUT TO CHANGE
THEIR LIFE TO MAKE THESE
DECISIONS A LOT OF THEM DO THAT
THEY'LL THEY'LL THEY'LL GET THE
HELP THEY NEED.
AND THEN THEY'LL RELAPSE AND
IT'LL HAPPEN AGAIN BUT AFTER
FIVE TIMES IT'S IT'S A POINT
WHERE WE JUST HAVE TO SAY AS
MUCH AS WE WANT TO HELP PEOPLE
AND AS MUCH AS WE WANT --
TO FREE UP CELLS AND NOT PEOPLE
IN THE PUT CUSTODY --
IN CUSTODY THAT DON'T NEED TO BE
THERE.
WE IS LAWMAKERS AND WE AS THE
PEOPLE IN A FORCE LAWS HAVE TO
DRAW THE LINE AND JUST SAY HEY
WE'VE TRIED EVERYTHING TO HELP
YOU THERE HAS TO BE A
CONSEQUENCE FOR THIS BEFORE WE
HAVE ONE MORE FAMILY MEMBER
KILLED.
SO THAT'S WHY I'M HERE IS A
ATTIC SHERIFF IN MY COUNTY CITY
NEXT TO MY V. REPUBLICAN FRIEND.
AND THIS IS NOT A PARTISAN ISSUE
THIS IS A COMMON SENSE ISSUE
THAT SAYS HEY LOOK WE ARE GOING
TO PROTECT THE CITIZENS OF
CALIFORNIA.
AND WE'LL DO EVERYTHING WE CAN
TO HELP THESE FOLKS ONCE WE GET
HIM IN CUSTODY TO GET HIM. TO
GET HIM THE HELP THEY NEED SO
THAT THEY DON'T DRINK ANYMORE.
BUT WE'RE NOT GOING TO ALLOW YOU
TO GO OUT AND SLAUGHTER FAMILIES
ANYMORE SO THANK YOU FOR MY TIME
HERE.
THANK YOU FOR YOUR COMMENTS ARE
THERE ANY OTHERS IN [inaudible]
SUPPORT.
OF AB.
FOUR ONE NAME AN ORGANIZATION.
SURE MEMBERS JONATHON FELDMAN
WITH THE CALIFORNIA POLICE
CHIEFS ASSOCIATION IN SUPPORT
[inaudible]
THANK YOU [inaudible]
THERE ANYONE.
ELSE IN SUPPORT MORE THE MORNING
MIST TERRAIN SHERMAN RIVERSIDE
SHERIFFS ASSOCIATION SUPPORT.
THANK YOU.
EITHER THERE ANYONE IN
OPPOSITION.
OF THE BILL.
GOOD MORNING I SEE THREE PEOPLE
HE'S.
YOU STILL.
IS.
STILL ONLY HAVE FIVE MINUTES YOU.
HOW YOU WANT TO DIVVY IT UP IS
[inaudible]
SURE OKAY.
GOOD MORNING --
KATHY SURE FOR THE ACLU OF
CALIFORNIA --
WE RESPECTFULLY MUST OPPOSE A
BEFORE A ONE WHICH WOULD DENY
JUDGES THE DISCRETION TO
DETERMINE WHETHER A PARTICULAR
DO YOU WHY WHEN THE DEFENDANT
HAS A RECORD.
PASSED YOU EYES WARRANTS
PUNISHMENT AS A FELONY.
THAT MEANS THAT THE PENALTIES
THIS BILL SEEKS TO IMPOSE ARE
AVAILABLE NOW IN THOSE CASES.
THE DISCRETION THAT EGG IS GIVEN
UNDER SIMPLY INSURES THAT THE
CIRCUMSTANCES OF THE CURRENT
OFFENSE AND THE DEFENDANT'S
HISTORY ARE TAKEN INTO ACCOUNT
WHEN SENTENCES IMPOSED.
A BEFORE A ONE MAKE SIMILAR
CHANGES.
DENYING COURT DISCRETION --
WITH REGARD TO WHETHER --
A VEHICLE USED IN CERTAIN
OFFENSES IS TO BE DECLARED A NEW
SENSE -- AND
SUBJECTS MANY MORE PEOPLE TO
HAVING THEIR CARS IMPOUNDED WHEN
THEY'VE GONE MORE THAN FIVE
YEARS WITHOUT A RELEVANT TO FANS.
THESE CHANGES WILL DO NOTHING TO
IMPROVE THE SAFETY OF OUR ROADS
BUT WILL IMPOSE COSTS THE COSTLY
AUTOMATED APPROACH TO PUNISHMENT.
CALIFORNIA HAS ONLY RECENTLY
BEGUN TO TURN AWAY FROM THE PATH
OF HARSH SENTENCES LEADING TO
OVER INCARCERATION AN
OVERCROWDED PRISON SYSTEM THE
LEGISLATURE SHOULD NOT TURN BACK
TOWARDS THOSE HARSH POLICIES.
AND ESPECIALLY NOT BY TYING
JUDGES HANDS AND KEEPING THEM
FROM CHOOSING THE MOST JUST
RESPONSE IN A GIVEN CASE.
WE RESPECTFULLY ASK FOR YOUR NO
VOTE.
THANK YOU.
GOOD MORNING MARGO GEORGE FROM
THE CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION --
I ECHO THE COMMENTS THAT MEASURE
MADE FROM THE ACLU AND I WANT TO
SAY THAT ON FIRST I UNDERSTAND
THE PAIN THAT YOU'RE TALKING
ABOUT THE OF DEALING WITH PEOPLE
WHO WERE IF ANA.
THE VICTIMS OF THE THE WISE.
AND BUT ALSO --
THIS AS YOU ACKNOWLEDGE IS A
SICKNESS ON ALCOHOLISM IS A
DISEASE.
AND HARSHER PUNISHMENT WILL NOT
PEOPLE WHO ARE SUFFERING FROM
ALCOHOL --
ABUSE.
WITH THAT I WOULD STAY ON TO SAY
THAT THE FAILED MODEL OF
INCREASED INCARCERATION.
REQUIRING THAT MORE DO YOU WISE
BE CHARGED AS A FELONY AS
FELONIES HAS NOT WORKED.
UNDER THE CURRENT ALL LAW THE
PROSECUTORS NOW HAVE THE ABILITY
TO DO THAT.
AND THEY EXERCISE THEIR
DISCRETION AS THEY SEE FIT.
ON THIS WOULD TAKE AWAY BOTH THE
DISCRETION OF THE PROSECUTORS
AND THE DISCRETION OF JUDGES TO
SENATE'S AND THE APPROPRIATE
CASE.
ON THE EFFECTS OF THE FELONY
CONVICTION AREN'T LIFELONG.
THEY AFFECT THE PERSON'S ABILITY
TO WORK THE PERSON'S ABILITY TO
HAVE HOUSING THEY AFFECT THE
COMMUNITY [inaudible]
THE OTHER ASPECTS OF THIS BILL
WHICH ARE REALLY HARMFUL ARE THE
MANDATORY HELMET --
THAT.
IMPOUNDING SOMEONE'S VEHICLE FOR
NINETY DAYS IN MANY CASES FOR
POOR PEOPLE AS THE EQUIVALENT OF
FORFEITURE.
AND THAT'S NOT EVEN DEALING WITH
THE FACT THAT THIS --
ON A PROPOSED BILL HAS
FORFEITURE THAT.
OF LOSING A CAR TO THE AVERAGE
FAMILY.
IS --
DEVASTATING IN MOST COMMUNITIES
YOU CANNOT GET TO WORK OR SCHOOL.
ON PUBLIC TRANSPORTATION OUTSIDE
OF THE OF FOR THOSE REASONS WE
RESPECTFULLY ASK FOR YOUR NO
VOTE THANK YOU [inaudibl]
THANK YOU.
SO YOU GOT.
THAT OKAY NEEDED TO HAVE A GREAT
THANK YOU MISTER CHAIRMAN
PROJECT NOT SIR HERNANDEZ ON
BEHALF OF THE CALIFORNIA TERMS
FOR CRIMINAL JUSTICE.
STATEWIDE SO EFFICIENT COALITION
SLURS BOTH IN PRIVATE PRACTICE
AND WORK IN A PUBLIC DEFENDER
OFFICES WE ARE ALSO RESPECTFULLY
ENOUGH --
OPPOSITION TO THE BILL UP REALLY
ARE OPPOSITION IS VERY NARROW.
WE ARE CONCERNED WITH
ELIMINATING THE DISCRETION THAT
EXISTS NOW CURRENT LAW.
THE EXPERIENCE OF OUR ATTORNEYS
THAT IT'S VERY RARE WHEN A JUDGE
REVIEW DA'S GOING TO TAKE.
EXCUSE ME CAN EXERCISE
DISCRETION NOT CHARGE A FELONY
IN WHEN YOU HAVE SOMEONE HAS YOU
KNOW I THINK WE TALK ABOUT FIVE
IN THE BILL PLACE A FOR MORE. TO
THE DISCRETION NOW IS IS REALLY
APPROPRIATE --
AND IT'S WORKING THE OTHER THING
IS THAT DO YOU EYES AND WE'RE
TALKING ABOUT.
SOMEONE WHO COMES TO COURT WHERE
THERE'S BEEN NO INJURY IN THE
PRIOR DO YOU EYES I THINK THAT'S
IMPORTANT TO POINT OUT --
BUT DO YOU AYE IS ONE OF THOSE
OFFENSES WERE DISCRETION IS ROOM
PROBABLY MOST APPROPRIATE.
BECAUSE THERE ARE A LOT OF DRIVE
THERE ARE A LOT OF CIRCUMSTANCES.
DIFFERENT CIRCUMSTANCES COMES DO
YOU AYE UNLIKE OTHER OFFENSES
YOU OFTENTIMES ARE DEALING WITH
SOMEONE WHO HAS ADDICTION
OFTENTIMES IT'S SOMEBODY WHO
GETS MULTIPLE DO YOU EYES IN A
VERY SHORT PERIOD OF TIME.
BECAUSE THEY HAVE AN ADDICTION
THEY GET YOUR SEVEN YEARS OF
SOBRIETY THEN THE RELAPSE AND
THEN THE YET ANOTHER DO YOU WHY --
BUT YOU ALSO HAVE OTHER FOLKS
WERE JUST OUT THERE.
OVER AND OVER AND OVER AND OVER
AGAIN AND NOT TAKING ADVANTAGE
OF THE OPPORTUNITIES ARE THERE
TO GET TREATMENT.
JUDGES HAVE THE DISCRETION NOW
DO YOU HAVE THE DISCRETION NOW
IN THE EXERCISE OF DISCRETION.
REALLY ACTUALLY THE VERY YOU
KNOW APPROPRIATELY MOST OF THE
TIME NOT ALWAYS BUT MOST OF THE
TIME -- AND
IT'S THIS KIND OF OFFENSE.
WHERE DISCRETION MAKES THE MOST
SENSE BECAUSE YOU HAVE SUCH A
WIDE VARIETY OF TYPES OF
DEFENDANTS SUCH OPEN COURT?
SO WE DO UNDERSTAND THERE ARE
CIRCUMSTANCES WHERE A FELONY
THIS CAN BE FOUND TO BE
APPROPRIATE AND HAPPENS ALL THE
TIME RIGHT NOW.
SO THERE'S NO SHORTAGE OF THAT
THE DISCUSSION BE NEWS SO FOR
THOSE REASONS.
WERE OPPOSED WE WE DON'T NOT DO
I THINK IT SHOULD BE MANDATORY
SHOULD REMAIN.
THE DIRECTION OF A LOCAL JUST
POLICY POLICIES BEING TO
INDIVIDUALIZE THE SENTENCE TO
LOOK AT THE CIRCUMSTANCES OF THE
CASE THE INDIVIDUAL AND IMPOSE A
SENSES AS THEY SHOULD APPLY.
SO FOR THOSE REASONS WERE
POSSIBLE.
THANK YOU.
ARE THERE ANY OTHER WITNESSES IN
OPPOSITION.
ARE THERE ANY QUESTIONS FROM
COMMITTEE MEMBERS [inaudible]
BOB.
TURNING AS MISTER CHAIR DON
CAPCURE MAP OF CRIME VICTIMS
UNITED OF CALIFORNIA IN SUPPORT
OF THE BILL MY APOLOGIES FOR THE
TARDINESS.
THANK YOU.
THE MOST COMMON REBEL.
THANK YOU MISTER FLORES SO I
HAVE A COUPLE OF QUESTIONS I AND
FORTUNATELY --
WILL NOT BE SUPPORTING THIS BILL
FOR SOME OF THE REASONS THAT
WERE STATED THINK UNDER CURRENT
LAW NOW --
AFTER THE THIRD SORT OF OFFENSE
THE FOURTH CAN BE CONSIDERED A
FELONY AND I THINK WITH THAT
THERE IS TIME WITH THEM AS P.
MANDATED STATE PRISON --
BUT I DO WANT TO GO BACK TO SOME
OF THE COMMENTS AROUND THE
EMPOWERMENT IN THE SEIZURES OF
THE CAR I ACTUALLY WONDER IF
THIS IN FACT IS CONSTITUTIONAL.
A RECENT SUPREME COURT HEARING
TIM'S V. INDIANA.
GREES WITH THE EIGHTH AMENDMENT
WHICH SAYS YOU CANNOT HAVE
EXCESSIVE SEIZURES --
AND THAT APPLIES TO FEDERAL LAW
BUT ALSO TO STATES AS WELL --
THERE'S NO SORT OF DISCRETION
AROUND.
HOW THAT TRANSPORTATION FITS
INTO -- YEAH
HOW FAMILIES ARE ABLE TO SURVIVE --
AND SO YOU KNOW SEIZING IT DOES
THE FAMILY HAVE ONE CAR IS THAT
THEIR ONLY MODE OF
TRANSPORTATION VERSES MULTIPLE
CARS -- BUT
MY CONCERN HAS TO BE AROUND
EXCESSIVE SEIZURES WE KNOW THAT
30% OF THE SEIZURES HAPPEN IN
BLACK AND BROWN COMMUNITIES
OFTENTIMES THEY'RE WORKING CLASS
AND POOR COMMUNITIES --
AND THIS IMPACT WOULD BE
DEVASTATING --
TO BE ABLE TO SURVIVE SO WITH
THAT -- I
JUST WANTED TO REGISTER MY
CONCERNS WITH THAT I DON'T KNOW
IF YOU HAVE ANY COMMENTS ABOUT
THE EXCESSIVE SEIZURE PORTION OF
THIS BILL.
SO YEAH WE'VE WE'VE LOOKED INTO
THAT THE CONSTITUTIONALITY OF IT
AND ALL OF OUR PEOPLE WE'VE
TALKED -- TO
IT IS CONSTITUTIONAL BECAUSE
PRIOR TO THIS THE SEIZURE OF THE
VEHICLE THEY WOULD HAVE TO GO
THROUGH A COURT OF LAW.
THIS IS SOMETHING SO THEY WOULD
HAVE THEIR DAY IN COURT AND ONCE
AGAIN WE'RE TALKING ABOUT
SOMEONE WHO'S ON THEIR FIFTY WHY
SO THIS IS NOT SOMETHING THAT
THEY COME INTO THE FIRST ONE AND
WE'RE SEIZING IT THIS IS
SOMETHING AFTER THE FIFTY WHY.
AFTER YOU'VE GONE THROUGH THE
JUDICIAL PROCESS THE JUDGE WOULD
HAVE DISCRETION AT THAT POINT.
SO BECAUSE OF THAT YOU KNOW WE
DO BELIEVE.
I'M SORRY JUDGE WOULD NOT HAVE
DISCRETION THAT POINT START
PRIOR TO IN THE CURRENTLY HOW IS
THE THE JUDGE WOULD HAVE
DISCRETION WITH THIS --
WE WOULD MAKE IT MANDATORY
ABSOLUTELY BUT WE DO BELIEVE IT
FALLS IN LINE WITH THE
CONSTITUTION IS.
THANK YOU ARE THERE ANY OTHER
QUESTIONS FROM COMMITTEE MEMBERS
I HAVE SOMETHING ELSE.
AS YOU MIGHT GUESS I HAVE A LOT
OF EMOTION RELATING TO THIS
ISSUE BEING A TWENTY YEAR TWENTY
EIGHT YEAR VETERAN THE HIGHWAY
PATROL AND I SPENT TWENTY OF
THOSE TWENTY EIGHT YEARS WORKING.
THE SHIFT WERE DO I FORCE IT WAS
THE FOCUS AND I'VE MADE.
MANY MANY MANY DEATH
NOTIFICATIONS RELATED TO THIS
TRAGEDY.
THE ARGUMENT AGAINST YOUR BILL
HELPS TO BE DISCRETION I'VE.
I HAVE TO SHAKE MYHEAD ABOUT
THAT I MEAN WHERE'S THE
DISCRETION ON NOT ONE NOT TWO
NOT THREE NOT EVEN FOR BUT FIVE
TIMES. FIVE TIMES YOU HAVE
ABUSED YOUR PRIVILEGE TO DRIVE
AND YOU THREATEN THE LIVES OF
EVERYONE AROUND YOU.
THIS IS DISGUSTING.
THAT WE TALK ABOUT DISCRETION.
A FIVE TIME OFFENDER.
I'M TELLING YET.
WHEN WE TALK ABOUT THE SECOND
AMENDMENT WE FOCUS ENTIRELY ON
THE INSTRUMENTALITY?
ENTIRELY.
THIS GETS NO CONSIDERATION ON
THE INSTRUMENTALITY WE'RE
WORRIED ABOUT.
SOMEBODY WHO'S PROVEN
[inaudible]
PROVE IT.
THAT THEY HAVE ABUSED THE
PRIVILEGE TO DRIVE AND THREATEN
THE LIVES OF ALL THOSE AROUND
THEM.
AND WE'RE WORRIED ABOUT
DISCRETION.
I'M TELLING YOU THIS IS.
NOT ONLY REASONABLE IT'S GREATLY
APPRECIATED BY SOMEONE WHO'S.
SEEING THE REALITY OF THIS
DISTRICT WHERE PUBLIC.
AND I THANK YOU FOR BRINGING IT
FORWARD.
THANK YOU MISTER LACKEY.
ANY OTHER COMMENTS OR QUESTIONS.
THANK YOU YOU MAY CLOSE.
I'LL AND I'LL JUST KEEP MY MY
COMMENTS --
SHORT BUT I WILL SAY YOU KNOW
I'VE I'VE HEARD IT --
AS WE LOOKED INTO THIS BILL THIS
IS NOT BEEN SOMETHING THAT WAS.
QUICKLY THOUGHT OUT I MEAN WE WE
PUT A LOT OF TIME AND AFTER
GOING THROUGH THE DMV DATA.
AND I HEAR THIS A LOT ABOUT YOU
KNOW THE LIFELONG HARDSHIPS FOR
THESE FOLKS THAT THAT HAVE HAD A
FELONY ON THEM AND HOW THAT IS A
LIFE CHANGING EVENT FOR THEM.
AND I CAN ACKNOWLEDGE THAT I AM
A TAKE A FEW MOMENTS TO TO TO
TELL STORY.
BECAUSE I SPEND IT SAYS TWO
THOUSAND AND ONE ASPECT OR
ANOTHER I'VE BEEN INVOLVED IN
THE FIRE SERVICE. TWO THOUSAND
AND EIGHT THE END OF TWO
THOUSAND A WE RESPONDED TO A
CALL.
ON ESKERS GAY COUPLE PEOPLE ARE
INJECTED.
COUPLE PEOPLE WERE PENDANT.
SO I SHOW UP ON SCENE WITH THE
CREW.
THERE'S A YOUNG LADY THAT'S
HANGING OUT OF THE SUN ROOF THE
CAR'S TILTED DOWN ON THE ENGINE
COMPARTMENT HANGING HALFWAY UP
THE SUN ROOF I CRAWL UNDERNEATH
THE BACK OF THE CAR TO KEEP YOUR
AIRWAY OPEN.
MY CAPTAIN ARRIVES ON SCENE.
THERE'S LIKE FLOOR IS THAT MY
DAUGHTER.
TAKE THE HAIR AWAY FROM HER FACE
AND IT WAS HIS DAUGHTER.
HIS DAUGHTER WAS DRIVING.
AT A PARTY THAT SHE WAS NOT
SUPPOSED TO BE OUT.
THE DRUNK DRIVER WAS EJECTED AND
NON INJURED SEVEN OVER THERE.
I DON'T KNOW HOW THE CAPTAIN
DIDN'T GO OVER THERE IS A FATHER
OF TWO GIRLS IN THIS HANDLE SOME
BUSINESS RIGHT THEN.
BECAUSE OF THE EMOTION HE WAS
FEELING WAS HUGE.
BUT THIS IS WHAT WE'RE TALKING
ABOUT THAT DAUGHTER WILL NEVER
BE THE SAME.
SHE'S GOT DRAMATIC BRAIN
INJURIES --
THEIR FAMILIES RIPPED APART AND
MOM AND DAD ARE DIVORCED NOW
BECAUSE OF THIS.
SO WHEN WE TALK ABOUT HARDSHIPS
I I WANT TO MAKE IT VERY VERY
CLEAR THAT I UNDERSTAND.
THAT WHAT WE'RE TALKING ABOUT IS
GOING TO CHANGE SOMEBODY'S LIFE
WITH A FELONY.
I DO NOT TAKE THAT LIGHTLY BUT
WE'RE TALKING ABOUT THE FIFTH
TIME THEY MADE TO SUGGEST
DECISION.
WHERE IS THAT IN THE DAUGHTER?
WHO'S GOT BRAIN INJURIES.
THE DAUGHTER WHO'S NOT COMING
HOME.
THAT IS ALSO A LIFELONG HARDSHIP
FOR THOSE FAMILIES THEY TO FOR
THE REST OF THEIR LIFE WE'RE
GONNA HAVE TO GRAPPLE WITH THIS.
SO WITH THAT I RESPECTFULLY ASK
RIGHT.
THANK YOU AND I AND AND I
UNDERSTAND BOTH YOUR PASSION AND
AND MY STEAM COLLEAGUE OF THE
BIKES CHAIR.
OF I JUST GOT BACK.
OF FROM NEW ORLEANS.
AND DURING MARDI GRAS TIME.
DOWN THE STREET FROM THE HOUSE --
STAYING --
THERE WAS INDIVIDUALS DRUNK.
AND RAN INTO A CROWD OF PEOPLE
KILLING TWO PEOPLE --
THE AFTER AMERICAN WOMAN THAT
WAS KILLED STARTED ONE IN A
MARDI GRAS PARADES THERE AND I
ACTUALLY PARTICIPATED IN DAY.
IN A MEMORIAL THAT DAY THEY HAVE
FOR HER AS THEY MARCHED TO NEW
ORLEANS.
AND I SAW THE GRIEF NOT ONLY OF
THE OF THE FAMILY --
BUT I ALSO SAW.
THIS YOUNG MAN AFTER AMERICAN
MALE.
WHO AT A MINUTE HE HAD A
DRINKING PROBLEM?
AND IT MAY NOT HAVE BEEN IS
SECOND OR THIRD TIME --
HE WAS DEFINITELY.
FROM BE AN ALCOHOLIC BUT THE THE
NOW IT WAS A FAMILY BUT REALLY
PAYING ME WAS THE FACT THAT HIS
FATHER.
WAS A MEMBER OF LAW ENFORCEMENT.
HIS FATHER WAS A MEMBER OF THE
NEW ORLEANS POLICE DEPARTMENT.
AND I SAW THE ANGUISH.
IN HIS FACE.
SO.
THIS BILL MISS AFFECTS.
BOTH SIDES AND BOTH FAMILIES TO
JUST TEARS APART.
AND THE FOR FOR ME THIS IS THIS
IS.
PRIMARY ILLNESS THAT WE HAVEN'T
REALLY NOT REALLY COME TO GRIPS
WITH ON HOW TO DEAL WITH IT --
I'VE VEN HAD THE OCCASION TO GO
TO NORTH DAKOTA LOOK AT SOME
PROGRAMS THAT WILL.
THEY USES ANKLE BRACELET AND
THINGS THAT PEOPLE ON THIS SIDE
OF THE TABLE WOULD PROBABLY
FIGHT ME ON THAT I FOUND COULD
BE VERY EFFECTIVE.
IN COMBATING THIS AND IN KEEPING
PEOPLE OUT OF THEIR THEIR CARS
OR RESTRAINING HIM FROM DRIVING
THOSE THE CARD AND WE GO BACK
AND FORTH.
ON THAT ALL THE TIME.
AND THEN AND ONE WHO'S.
GOING FROM THREE STRIKES TO FIVE
STRIKES AND AT THE END HOW THAT.
IMPACTED.
THE DID YOU KNOW JUSTICE IN
HOUSING PAINTER OUR JAIL SYSTEM
OUT IMPACT AT THE PRISON SYSTEM --
I THINK AND FOR ME MOST OF IT'S
BECAUSE WE REAL NOT REALLY NOT
HAVE ADDRESSED.
HOW WE --
CONTAINED IN A RADIC KATE THIS
ILLNESS.
AND THAT'S WHY DID THE AUDIT ON
REHABILITATION PROGRAMS BECAUSE
I WANTED MAY SEE WITH THEIR
AFFECTED WE HAVE TO DISCUSSION
ABOUT YOU GO THIS PROGRAM THAT
PROGRAM THAT PROGRAM WE DON'T
TALK ABOUT WE'RE NOT THERE A
THEY ARE EFFECTIVE.
AND SO I I'M MORE OF HOW DO WE
MAKE SURE THAT THESE PROGRAMS
THAT BEFORE TO GET THE FIVE THAT
THERE ACTUALLY WORKING.
I WOULD SUBMIT TO YOU THAT
UNFORTUNATELY SOMEONE IT GETS TO
THE FIFTH TIMER SEVEN TIME IS
BECAUSE THIS ILLNESS IS IN THE
CITY IS ILLNESS WHERE IT MAY
ACTUALLY TAKE THEM SEVEN TIMES.
TO GET OVER IT AND THIS INHIBITS
THAT.
ABILITY FOR JUDGE. TO LOOK AT
THAT PERSON AND AND TRY TO MAKE
A DETERMINATION.
AND UNFORTUNATELY THAT IS WHY
I'M RECOMMENDING A NO VOTE --
AND I WOULD LOVE TO WORK WITH
LAW ENFORCEMENT AND OTHERS TO
COME WHAT WITH BETTER REMEDIES
SO THAT WE CAN.
TAKE CARE OF THIS ILLNESS AND
AND I HOPE THAT WE WE UNDERSTAND
IT THERE A LOT OF ILLNESSES IN
THIS IN THIS COUNTRY.
BUT THIS ONE IS FOR ME IS WHEN
THAT WE HAVE BECAUSE A SELF
INFLICTED.
WE MAKE THAT DECISION ON WHETHER
OR NOT WE'RE GOING TO CONTINUE
TO DRINK THEM.
ONCE WE GO DOWN THAT ROAD OR ANY
VEHICLES ON A ROAD IT'S JUST IT
DOESN'T STOP.
AND SO OUT OF I I EIGHT
UNDERSTAND HOW YOU IN A VICE
CHAIR BILL AND STAND.
AND WELCOME IS YOUR FIRST TIME --
BUT UNFORTUNATELY --
CHAIRS CAN RECOMMEND A NO VOTE
[inaudible]
THE BILL.
OF THIS TERMINAL ONE SECOND THE
THE MOTION AND ALSO LIKE TO MAKE
A COMMENT.
WE CLOSE COMMENTS VOCAL SWITCH
YOUR FRESHMAN MEMBER.
I WILL ALLOW.
THIS ONE TIME BUT ONCE WE'VE.
WE'VE CLOSED AND THE CHAIRMAN
MAKES.
THE FINAL.
THAT'S THAT'S IT.
SO IF YOU MAKE IT YOU KNOW WHAT --
I I I DON'T WANT TO BREAK OF
PROCOL SO I'M JUST GONNA SECOND
THAT MOTION AND NOW.
OKAY THANK YOU.
THANK YOU --
MEANT SECTOR CALL THE ROLL ON
EIGHTY FOUR ONE THE MOTION IS TO
PASS TO THE APPROPRIATIONS
COMMITTEE JONES SAWYER.
JONES SAWYER NO LACKEY.
LACKEY AYE BARRICADE HAN.
BAUER-KAHAN NOT VOTING DEEP.
I DEEP I KAMLAGER-DOVE HAVE NO
KAMLAGER-DOVE NO QUIRK NO.
QUIRK KNOWS SANTIAGO.
SANTIAGO NO WICKS NO.
I'M SORRY THE MEASURE FAILS.
THANK YOU AGAIN THANK YOU.
THANK THE WITNESSES
.
WE NOW HAVE MR BONTA --
AB.
ONE THREE FIVE ITEM NUMBER.
TWO WHENEVER YOU'RE READY.
THANK YOU MISTER CHAIR AND
MEMBERS THANK YOU FOR ALLOWING
ME TO PRESENT ON ASSEMBLY BILL
ONE THIRTY FIVE TODAY.
THIS BILL IS A REINTRODUCTION OF
ASSEMBLY BILL EIGHTEEN EIGHTY
TWO FROM TWENTY EIGHTEEN THAT
THIS COMMITTEE APPROVED ON A
BIPARTISAN BASIS.
THIS IMPORTANT BILL WILL CLOSE A
LOOPHOLE THAT HAS EMERGED WITH
THE GROWING USE OF SOCIAL MEDIA
BY HUMAN TRAFFICKING RINGS.
ACCORDING TO LAW ENFORCEMENT
THERE ISN'T THERE IS AN ALARMING
TREND OF HUMAN TRAFFICKERS USING
THE INTERNET AND POPULAR SOCIAL
MEDIA SITES SUCH AS FACEBOOK AND
INSTAGRAM TO LEARN POTENTIAL
VICTIMS.
IN TWO THOUSAND EIGHTEEN A LAW
ENFORCEMENT TASK FORCE IN
SOUTHERN CALIFORNIA SET UP A DE
QUOI ACCOUNT. TO SOLICIT HUMAN
TRAFFICKING AS PART OF A STING
OPERATION.
THE LAW ENFORCEMENT OFFICERS
WERE TAKEN ABACK BY HOW MUCH
TRAFFIC IN INTERESTS WERE
GENERATED BY THESE ACCOUNTS.
THESE ATTEMPTS TO TRAFFIC USING
SOCIAL MEDIA AND A REAL HAVE A
REAL IMPACT ON THE LIVES OF OUR
CHILDREN.
A QUICK THINKING TICKET AGENT
WAS SUCCESSFULLY HAD
SUCCESSFULLY STOP TWO TEENAGE
GIRLS FROM BOARDING A FLIGHT OUT
SACRAMENTO INTERNATIONAL AIRPORT
IN AUGUST OF TWO THOUSAND
SEVENTEEN THE TWO TEENAGERS WERE
ATTEMPTING TO FLY TO GET THEM.
VIA INSTAGRAM PROMISING THEM
MODELING OPPORTUNITIES LAW
ENFORCEMENT OFFICERS BELIEVE
THAT THEY WOULD HAVE BEEN
TRAFFIC ID.
HAD THEY NOT INTERVENED.
THIS BILL IS NECESSARY BECAUSE
EXISTING LAW ONLY PENALIZES
HUMAN TRAFFICKERS WHO ACTUALLY
INDUCE OR PERSUADE A MINOR TO
ENGAGE IN A COMMERCIAL SEX ACT.
THERE ARE NO PENALTIES FOR THE
MIDDLE MAN IN THAT CHAIN THE
INDIVIDUALS WHO CONTACT THE
MINERS OVER SOCIAL MEDIA.
PUT THEM IN --
IN A SITUATION WHERE THERE ARE
AT RISK OF HUMAN TRAFFICKING.
IN SACRAMENTO AIRPORT EXAMPLE
THE INDIVIDUALS WHO CONTACTED
THE TWO TEENS MAY NOT HAVE BEEN
HELD CRIMINALLY LIABLE.
THEIR INVOLVEMENT SPECIFICALLY
ARRANGING THE FLIGHT TO NEW YORK
CITY MAY HAVE BEEN ATTENUATED
FROM THE INDUCEMENT OF
COMMITTING A COMMERCIAL SEX ACT
AS REQUIRED BY CURRENT LAW.
THIS BILL WILL CLOSE THIS
DANGEROUS LOOPHOLE AND PROTECT
OUR CHILDREN BY MAKING IT A
FELONY TO CONTACT A MINOR WITH
THE INTENT TO ENGAGE IN HUMAN
TRAFFICKING.
WITH ME TODAY O TESTIFY IN
SUPPORT.
IS ALAMEDA COUNTY DEPUTY
DISTRICT ATTORNEY DAN REISMAN.
GOOD MORNING CHAIR GOOD MORNING.
MEMBERS ASSEMBLY --
EXCUSE ME I AM A DEPUTY DISTRICT
ATTORNEY FOR ALAMEDA COUNTY I'M
HERE ON BEHALF OF DISTRICT
ATTORNEY NANCY O'MALLEY WHO IS A
SPONSOR.
AND HERE IN SUPPORT OF THE BILL.
I AM IN MY ELEVENTH YEAR AS A
DEPUTY DA AND AND MY THIRD YEAR --
CLOSING UP MY THIRD YEAR ON THE
HUMAN EXPLOITATION AND
TRAFFICKING UNIT WITH THE DA'S
OFFICE --
AND I I HANDLE ONLY CASES THAT
ARE BEING COMMITTED AGAINST --
AGAINST.
GIRLS AND YOUNG WOMEN WHO ARE
BEING PROSTITUTED BY PEOPLE
TRYING TO TAKE ADVANTAGE OF THEM
I TALKED TO THESE WOMEN EVERY
DAY I READ THESE PIMPS --
THE THE TEXT MESSAGES ON THE
PHONE AND POSTINGS OF THESE
BANDS EVERY DAY --
AND I WHAT WHAT I SEE IN MY WORK
IN A AND FORGIVE MY MY USE OF
THE OF THE GENDERED PRONOUNS
WHEN I DO BECAUSE THE VAST
MAJORITY MY CASES IT IS A MALE
PERPETRATOR AND A FEMALE VICTIM --
THE THE THE PIMPS CAST A VERY
WIDE NET.
AND THERE THERE'S A LOT OF
MENTION IN.
IN THEIR IN THEIR COMMUNICATIONS
OF HEY GIRL AND HEY IT'S ME FROM
WHATEVER --
SOCIAL MEDIA SAYING THEY FIRST
MADE THE CONNECTION.
AND SOMETIMES THEY GET A
RESPONSE AND SOMETIMES THEY
DON'T -- AND
THE WE SHOULD WHEN THOSE WHEN
WHEN THOSE MEN ARE REACHING OUT
WITH THE INTENT TO EXPLOIT A
VULNERABLE YOUNG WOMAN.
OF ALL THE REAL GIRL --
BECAUSE THAT'S WHAT THEY THAT'S
WHAT THEY'RE LOOKING OUT.
FOR WE SHOULD NOT HAVE TO WAIT
UNTIL THEY ACTUALLY CATCH THE
ONE WHO IS SO VULNERABLE AND
IT'S SUCH A HARD PLACE IN HER
LIFE THAT SHE'S WILLING.
TO BITE ON THAT HOOK THAT HE SET
FOR HER --
WHAT THIS CRIME DOES IT CLEARLY
INDICATES THAT?
THAT.
THE COMMUNICATION ITSELF WITH
EFFICIENT IT'S NOT --
UNDER CURRENT LAW.
A WHAT WHAT IN THE JURY
INSTRUCTION IS CALLED AN
IMMEDIATE STEP THAT PUTS THE
PLAN IN MOTION SO THAT THE PLAN
WOULD HAVE BEEN COMPLETED IF
SOME CIRCUMSTANCE OUTSIDE THE
PLAN.
HAD NOT INTERRUPTED THE ATTEMPT.
WE DON'T NEED TO ASK THE
QUESTION THE JURORS DON'T NEED
TO ASK THE QUESTION OF IS THIS.
AN IMMEDIATE STEP.
IS THIS SOMETHING THAT WOULD
HAVE.
ENDED IN HUMAN TRAFFICKING OF
THIS GIRL HAD THERE NOT BEEN AN
OUTSIDE INFLUENCE.
WHEN THE PIMP REACHES OUT AND IS
IS SETTING THAT HOOK AND TRYING
TO GET HER TO BUY?
IF SHE DOESN'T BITE HE'S STILL.
COMMITTED A GRAVE OFFENSE
AGAINST OUR SOCIETY HE SHOULD BE
PUNISHED. FOR TAKING THAT ACTION.
EVEN IF A JURY WOULD NOT FIND
THAT IT'S THE IMMEDIATE STEP
THAT WOULD QUALIFY AS AN ATTEMPT.
AND IT REMOVES THE AMBIGUITY
CURRENTLY UNDER THE LAW --
SO THAT PEOPLE ARE PUNISHED
UNIFORMLY FOR THE ACTS OF THEY
COMMIT.
THANK YOU.
ARE ARE THERE ANY OTHER
WITNESSES IN SUPPORT.
NAME AN ORGANIZATION.
ON BEHALF OF THE CALIFORNIA
DISTRICT ATTORNEYS ASSOCIATION
IN SUPPORT.
BRENDAN UP ON BEHALF OF LOS
ANGELES COUNTY SHERIFF'S
DEPARTMENTS WORK.
THàNH CAP KEY CRIME VICTIMS
UNITED CALIFORNIANS PART.
JONATHON FELDMAN CALIFORNIA
POLICE CHIEFS ASSOCIATION
SUPPORT.
GOOD MORNING MISSING CHAIR
MEMBERS WHO SHALL MUCH LOWER AND
YOU HAVE TO CALIFORNIA STATE
SHERIFFS ASSOCIATION SUPPORT.
SURE RYAN SHERMAN WITH THE
RIVERSIDE SHERIFF'S ASSOCIATION
IN SUPPORT.
ARE THERE ANY WITNESSES IN
OPPOSITION
.
MARCO GEORGE FOR THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION --
WITH GOES WITHOUT QUESTION THAT
WERE OPPOSED TO HUMAN
TRAFFICKING.
BUT WE ARE OPPOSED TO THIS BILL.
AND THIS BILL WAS VETOED LAST
YEAR BY GOVERNOR BROWN.
AND AS HE SAID IT'S IT'S WELL IN
THIS BILL IS NOT NECESSARY
AMERICA OF STATUTES PROVIDE
PUNISHMENT FOR COMMERCIAL SEX
ACTS AS WELL AS USING.
PAYING OR EMPLOYING MINORS TO
COMMIT COMMERCIAL SEX ACTS --
AS A FORMER ALAMEDA COUNTY
PUBLIC DEFENDER DEPUTY PUBLIC
DEFENDER FOR OVER THIRTY YEARS --
I WOULD SUBMIT THAT --
THE JUST THE SCENARIO THAT --
THE DEPUTY DISTRICT ATTORNEY
DESCRIBED IS IN FACT AN ATTEMPT.
AND THAT IS ALREADY COVERED IN
THE LAW --
SECTION TWO THIRTY SIX POINT ONE
MAKES IT A FELONY PUNISHABLE BY
FIVE TO FIFTEEN YEARS IN PRISON.
TO CAUSE A DEUCE OR PERSUASION
OR ATTEMPT TO CAUSE INDUCED OR
PERSUADED A MINOR TO ENGAGE IN A
COMMERCIAL SEX SEX ACT OR ANY OF
OF THEIR ENUMERATED LIST.
WHAT THIS ON BILL WOULD DO
HOWEVER THE --
UNINTENDED CONSEQUENCES IS THAT
IT WOULD CRIMINALIZE THE
BEHAVIOR OF THE VICTIMS AND
POTENTIAL VICTIMS.
OF FOR EXAMPLE IF --
TWO SISTERS AND AN ABUSED
SETTING ON THEIR FAMILIES
DYSFUNCTIONAL THEY START TALKING
ABOUT WE'RE GOING TO RUN AWAY
FROM HOME.
WELL HOW ARE WE GOING TO GET BY
WELL I GUESS WE'RE GONNA ON
WE'RE GONNA HAVE TO WORK AS ON
PROSTITUTES.
THE THE DISCUSSION BETWEEN THEM.
THIS IS THE AMBIT OF THIS BILL
IS SO BROAD IT WOULD BE COVERED.
IF THEY THEN --
TALK TO A BOYFRIEND WHO MIGHT
SAY WELL I'LL HELP YOU GET AWAY
THEN HE ALSO HIS BEHAVIOR WOULD
BE CRIMINALIZED --
ANOTHER SITUATION WOULD BE
SOMEBODY WHO WAS FRESH ON THE
STREETS.
AND SHE RUNS INTO ANOTHER.
YOUNG PERSON MALE OR FEMALE WHO
SENT THE HOMELESS SHELTER.
AND THEY WERE DISCUSSING THE
LIFE ON AND THE THE MINOR SAYS
I'M WORKING FOR JOAN MAYBE SHE
COULD HELP YOU OUT.
TO THAT ACT WOULD BE
CRIMINALIZED THIS IS TOO BROAD.
THE EXISTING LAW TWO THIRTY SIX
POINT ONE D. CAREFULLY CRUMB
AVOIDS CRIMINALIZING THESE
MINERS BUT TAKING.
IN.
THE STATUTE THE TOTALITY OF THE
CIRCUMSTANCES BETWEEN THE VICTIM
AND THE TRAFFIC OR SO.
WE WOULD.
ASK FOR YOUR NO VOTE BECAUSE WE
BELIEVE THAT VIOLATING PENAL
CODE SECTION TWO EIGHTY EIGHT
POINT.
THREE BY CONTACTING A MINOR --
DUPLICATES WHAT TWO THIRTY SIX
POINT ONE ALREADY PROHIBITS SO
THANK YOU VERY MUCH THANK YOU.
YES.
I'M GOOD MORNING CATHY SURE
ABOUT HALF OF THE ACLU OF
CALIFORNIA --
I'VE JUST --
JOINT IN THE COMMENTS OF MISS
GEORGE -- WE
ALSO OPPOSE AB ONE THIRTY FIVE
BECAUSE IT IS UNNECESSARY --
THE EXAMPLE WAS GIVEN A OF A
TRAFFIC OR WHO TAKES A STEP OF
CONTACTING A YOUNG PERSON BUT
THEN THERE'S NO RESPONSE --
IT IS OUR UNDERSTANDING --
ALREADY PUNISHABLE UNDER
EXISTING LAW --
POTENTIALLY AS HUMAN TRAFFICKING
OR POTENTIALLY AS AND AS
ATTEMPTED HUMAN TRAFFICKING.
HELP WE REALLY DON'T NEED TO
FURTHER COMPLICATE OUR CRIMINAL
LAWS BY CREATING A NEW CRIME.
THAT ADDRESSES BEHAVIOR THAT IS
ALREADY CRIMINAL UNDER EXISTING
LAW -- AB
ONE THIRTY FIVE DOES EXACTLY
THIS WILL IN NO WAY HELPING TO
ADDRESS THE PROBLEM OF HUMAN
TRAFFICKING.
WE ASK FOR YOUR NOSE
[inaudible]
THANK YOU.
OF ANY OTHER WITNESSES IN
OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS MR QUIRK.
YEAH AS I TOLD THE AUTHOR I
DON'T THINK I CAN VOTE FOR THIS
BILL FOR THE REASONS GIVEN BY
THE ACLU.
AND THE PUBLIC DEFENDER'S I'LL
BE VOTING NO TODAY BUT I DO
RESPECT.
THAT YOU'RE TRYING TO DO THE
RIGHT THING BUT BOTH ARE
ANALYSIS FROM THE STAFF HERE.
AND WHAT WE'VE HEARD IN
TESTIMONY SAY THAT THIS IS
ALREADY A CRIME.
AND I'M SORT OF LOOKING AT THIS
NOW DIFFERENTLY THAN I DID
HAVING SEEN THE GOVERNOR'S VETO
AND I THINK HE HAD A GOOD REASON
TO VETO IT.
THANK YOU.
ANY OTHER.
COMMENTS SHOULD.
ASSEMBLY MEMBERS AROUND IS I
WILL BE SUPPORTING THE BILL IN
PART IT'S BECAUSE MY DISTRICT
ATTORNEYS OFFICES ARE TELLING ME
ALL THE TIME THAT WE HAVE A
PROBLEM HERE AND THEY'RE LOSING.
WE HAVE VICTIMS OF TRAFFICKING
AND WE CANNOT DO ENOUGH TO STOP
IT AND WE NEED MORE TOOLS TO DO
SO AND SO I THINK YOU FOR
BRINGING THAT ADDITIONAL TOOL.
BUT I DO HEAR THE CONCERNS --
OF THE POTENTIAL OF THIS BILL --
TO CRIMINALIZE OTHER VICTIMS I
HOPE YOU'LL TAKE THAT INTO
CONSIDERATION AND MAKING
AMENDMENTS THAT THOSE PEOPLE ARE
NOT SUBJECT TO THIS LAW.
YES MISS KAMLAGER-DOVE
[inaudible]
WAKE [inaudible]
GO AHEAD.
THANK YOU MISTER CHAIRMAN MY
NAME IS JANICE BALLOU GM FROM
SACRAMENTO AND I OPPOSE THIS
BILL.
THANK YOU.
MY NAME IS SHERRY SACRAMENTO AND
I OPPOSE THIS BILL.
MIKE VIRGINIA FROM ELK GROVE
OPPOSE THIS BILL [inaudible]
THANK YOU.
FRANKLIN OR CNET RIVERSIDE
COUNTY I OPPOSE THIS BILL.
THANK YOU THEIR MIND SACRAMENTO
I OPPOSE THIS BILL.
DR -- IN THE
H. RETIRED COLLEGES CDC ARE AND
I OPPOSE THIS BILL.
ROGER ANY GOOD BUSINESSMAN FROM
MODESTO OPPOSE THIS BILL AS
DUPLICATE [inaudible]
YOU.
CHARLES LOPEZ OUT GROW BY OPPOSE.
IN A TO REGAIN A CEMETERY COUNTY
AN EDUCATOR I OPPOSE THIS BILL
THANK YOU.
I GUESS I NEED A COUNT OF FIVE
BEFORE I GO. TO NEXT.
OF THIS COME LOADED OF THANK YOU
SO I WANT TO THANK YOU --
FOR BRINGING THIS BILL BEFORE US
I AND GOING TO RELUCTANTLY
SUPPORT THIS BILL I HAVE SOME
CONCERNS WITH IT I THINK
EXACERBATED BY THE COMMENTS ARE
PROVIDED BY --
THE PUBLIC DEFENDER'S OFFICE IT
IS DUPLICATIVE.
I FEEL LIKE WE ARE FIND TRYING
TO JIGSAW LAWS ON TOP OF EACH
OTHER TO SQUEEZE OUT.
ANY KIND OF LIGHT POSSIBLE SO
THAT WE CAN CONTINUE DOWN THE
ROAD OF MASS INCARCERATION.
IN THE GOAL IS NOT TO CREATE A
NANNY STATE WHERE NO ONE HAS THE
ABILITY TO WALK OR LIVE FREE LEE
THE GOAL IS ACTUALLY TO SET
PARAMETERS SO PEOPLE ARE ABLE TO
DO THAT WITHOUT BEING AFRAID OF
LAW ENFORCEMENT WITHOUT BEING
AFRAID OF PROSECUTORS WITHOUT
BEING AFRAID.
OF THE D. A..
AND WE'RE ACTUALLY MOVING DOWN
THAT ROAD WHICH IS VERY
DANGEROUS I THINK THIS IS
DUPLICATIVE I THINK IT IS OVER
BURDENSOME I THINK IT
COMPLICATES THINGS DRASTICALLY
AND IT ALLOWS FOR FOLKS --
WHO ARE PROSECUTING TO FIND MORE
AND MORE WAYS TO PUT?
VICTIMS IN JAIL BUT ALSO JUST
PUT PEOPLE WHO THEY DON'T LIKE
OR DON'T UNDERSTAND INTO JAIL.
FURTHER EXACERBATED MY CONCERNS
BY SOME OF YOUR COMMENTS ARE
SPECIALLY JURORS NOT NEEDING TO
ASK THE QUESTION WHEN I HEAR
THINGS LIKE THAT.
THAT TRANSLATES TO ME THE
ERASURE OF DUE PROCESS --
AND IF PEOPLE ARE GOING TO BE
PUNISHED UNIFORMLY FOR THE
CRIMES THEY COMMIT.
THE REALITY IS IN THIS COUNTRY.
FOLKS ARE PROSECUTED.
BASED ON THE REPRESENTATION THAT
THEY'RE ABLE TO AFFORD IN SO WE
HAVE TO GET TO A POINT WHERE THE
BIAS AND THE PRIVILEGE IS TAKEN
OUT OF THE REPRESENTATION THAT
YOU'RE AFFORDED SO I HOPE THAT
IN THIS PROCESS.
THE AMENDMENTS ARE TAKEN AND
THAT THESE KINDS OF CONCERNS ARE
REALLY LISTEN TO BECAUSE WE'RE
CREATING A SITUATION WHERE.
THE FOLKS THAT HAVE BEEN
INCARCERATED ARE GOING TO
CONTINUE TO BE INCARCERATED THIS
IS NOT GOING TO CHANGE THE
COMPLEXION OF THE FOLKS THAT ARE
ARRESTED AND PUNISHED.
THANK YOU.
YES THANK YOU FOR BRINGING THIS
TODAY UP I WILL BE SUPPORTING
THE BILL AS WELL BUT I JUST WANT
TO ADD ON IN SUPPORT OF BOTH
REBEKAH BAUER-KAHAN AND AND I'M
CITIES COMMENTS AS MY MY
ESTEEMED COLLEAGUES OF THE TO
SOME WOMAN ON THE OTHER SIDE --
AND HOPE THAT YOU TAKE --
THEIR COMMENTS INTO
CONSIDERATION DURING --
THE AMENDMENTS PROCESS.
THANK YOU ANY OTHER COMMENT.
THANK YOU MISTER MISTER MEN --
I WANT TO COMMEND THE ASSEMBLY
MEMBER CERVANTES FOR OF BRINGING
THIS BILL --
BACK -- INTO
THE SESSIONS AYE AYE KNOWS.
OF THE GOVERNOR DEAN SUPPORTED
OF THIS IDEAL LAST TIME BUT WE
HAVE A NEW GOVERNOR AND I WOULD
ASK FOR THE OPPORTUNITY TO CO
SPONSOR.
OF HER BILL --
TO MAKE SURE THAT WE CLOSE AND
OF THOSE THAT.
WOULD TO A PERPETRATE OR ATTEMPT.
TO EXPLOIT OF THE PEOPLE THAT
ARE MOST VULNERABLE IN OUR
SOCIETY --
AND SO IF IF YOU BE OPEN TO THAT
I I WOULD I WOULD BE A WE HONOR.
TO SUPPORT HER BILL AND ALSO
MISTER CHAIRMAN I WANT TO ASK --
OUR TWO WITNESSES --
FROM THE ACLU IN.
THE THE PUBLIC DEFENDER'S OFFICE --
SMILEY SO ONLY MY SECOND HEARING
BUT WOULD.
WOULD YOU GUYS EVER SUPPORT A
TOUGH ON CRIME BILL OR IS IT
LIKE A LIKE AN AUTOMATICALLY
WHAT DID YOU.
STAY SPECIFICALLY TO THE MERITS
OF THIS BILL. FOR ARTS I MAYBE
THAT'S A RHETORICAL QUESTION
MISTER IT IS.
DID YOU EVER COME YEAH JUST REAL
QUICKLY I WANT TO THANK YOU FOR
HAVING THE VICTIM ORIENTED BILL.
IT IS VERY MUCH APPRECIATED AND
THIS IS A VERY HEINOUS CRIME.
THAN IMPACTS VICTIMS FOR A
LIFETIME SO THANK YOU FOR YOUR
CONCERN AND YOUR REMEDY THERE I
THINK IT'S VERY REASONABLE
APPRECIATED THANK YOU.
IT WAS THAT A SECOND MISTER
[inaudible]
YES [inaudible]
OKAY.
YES.
YOU MAY CLOSE AFTER IT OR ANY
OTHER.
OKAY YOU MAY CLOSE THANK YOU
CHAIR AND COMMITTEE MEMBERS
WHILE I CERTAINLY APPRECIATE.
THE COMMENTS MADE BY MY
COLLEAGUES IN.
OUR REMARKS I DO WANT TO JUST
HIGHLIGHT AGAIN GOING BACK TO
THE CASE AS WAS MENTIONED.
ARE WITH THE SACRAMENTO CASE AT
THE AIRPORT IT IS UNCLEAR AT
BEST WHETHER THAT INDIVIDUAL WHO
CONTACTED THESE TWO TEENS
INVITING THEM TO NEW YORK
PURCHASING THEIR PLANE TICKETS
WOULD ACTUALLY BE PROSECUTED
UNDER EXISTING LAW.
AND I CERTAINLY WANT TO ENSURE
THAT WE ARE TACKLING THIS ISSUE
AT ALL FRIENDS --
BOAT WAITED.
LIKE TO WORK WITH OTHERS WHO
ALSO WANT TO ADDRESS THIS ISSUE
AND WOULD ENCOURAGE A DIALOGUE
OUR STATE UNFORTUNATELY IS THE
HUB OF HUMAN TRAFFICKING IN THIS
COUNTRY AND THE STATUS QUO TO ME
IS AN ACCEPTABLE.
AND THIS IS WHY I BRING FOR THIS
BILL AGAIN THIS SESSION I
BELIEVE THERE'S MUCH MORE TO BE
DONE.
WITHOUT I RESPECTFULLY ASK YOUR
AYE VOTE.
THNK YOU --
IT SURE IS GONNA RECOMMEND I BUT
I I WOULD.
CAUTION YOU THAT IF IT GETS OUT
OF THIS COMMITTEE.
THAT YOU TAKE THE COMMENTS FROM
THE OPPOSITION VERY SERIOUSLY.
YOU TAKE THE COMMENTS FROM
MEMBERS OF THIS COMMITTEE VERY
SERIOUSLY.
BECAUSE IF IT GETS OUT YOU DON'T
WANNA LOSE BOTH AS YOU MOVE
FORWARD AS WE TRY TO GET TO THE
FLOOR -- THE
CALM AS THEY MADE ABOUT ENSURING
THAT WE DON'T OR PROSECUTOR WE
JUST DOESN'T TAKE US DOWN A
RABBIT HOLE OR VERY ABOUT.
AND WHAT THEY PUT THE PRODUCT
AND SO WORK THROUGH THAT PROCESS
I WOULD BE VERY VERY.
VERY HELPFUL --
AS YOU PROCEED ONWARD --
BECAUSE THAT WILL BE BROUGHT UP
HI I GUARANTEE YOU WILL BE
BROUGHT UP AGAIN.
AND AGAIN AGAIN AND MEMBERS
OUTSIDE THIS.
THIS COMMITTEE ARE VERY
SENSITIVE TO THAT AND SO --
HOW YOU WERE SUCCESSFUL BEFORE?
IT THIS IS A DIFFERENT ASSEMBLY
DIFFERENT MAKE UP AND YOU YOU
YOU REALLY NEED TO MAKE SURE --
YOU WORK THROUGH THE COMMENTS
THAT THE MEMBERS HERE --
MADE SO.
THANK YOU JACK WE CALL THE ROLL
ON AB ONE THIRTY FIVE THE MOTION
IS TO PASS TO THE APPROPRIATIONS
COMMITTEE JONES SAWYER AYE JONES
SAWYER AYE AYES LACKEY.
LACKEY AYE BARRICADE HAN
BARRICADE HAND I DEEP.
DEEP I KAMLAGER-DOVE.
KAMLAGER-DOVE I QUIRK YEAH QUIRK
NO SANTIAGO.
WICKS HI WICKS I THANK YOU.
WE NOW HAVE MR RODRIGUEZ AB.
TWO NINE FOUR ITEM NUMBER.
SIX CORRECTIONAL FACILITIES
GASSING [inaudible]
I'M [inaudible]
YES.
SIX NUMBER OF EVENTS.
UP MOVE THE BILL.
THERE'S A SAYING IN THIS
COMMITTEE.
WHICH IS DON'T TALK PASSED YES
BUT GO AHEAD.
I'LL MAKE IT SHORT.
THANK YOU MISTER CHAIRMAN WAS
I'M HERE TO PRESENT AB.
TWO NINETY FOUR EVERY DAY MEN
AND WOMEN WHO WORK IN OUR STATES
CORRECTIONAL FACILITIES ARE
SUBJECT TO TWO ATTACKS KNOWN AS
GASSING.
WHEN IN MAKE A SOAP THEM WITH
BODY FLUIDS THESE ATTACKS ARE
COMMON DANGERS AND CAN EXPOSE
THE VICTIM TOWARD COMMUNICATIVE
EASE?
AN CAUSE.
PSYCHOLOGICAL TRAUMA.
THE MEN AND WOMEN SAFEGUARDED
COMMUNITIES EVERY DAY WE MUST DO
WHAT WE CAN HELP THEM IN GOOD
HEALTH.
WITH ME TODAY PROVIDE TESTIMONY
BRIAN MORTGAGEE PRESIDENT OF THE
LA COUNTY PROFESSIONAL PEACE
OFFICERS ASSOCIATION AND DAVID
TEMPERAMENT A SOCIAL WORKER AND
MEMBER OF ASKED ME.
THANK YOU GERMAN YOUR FIVE
MINUTES ARE YOU SPLIT UP.
IT'S BASED ON OF A QUICK BRIAN.
GOOD MORNING.
I REPRESENT THE LA COUNTY
PROFESSIONAL PEACE OFFICERS
ASSOCIATION AND WE REPRESENT
ABOUT NINE THOUSAND LAW
ENFORCEMENT PROFESSIONALS IN LAS
SANDERS.
PRIMARY FROM PRIMARILY FROM THE
LA COUNTY SHERIFF'S DEPARTMENT.
THE LA COUNTY JAIL SYSTEM HOUSES
OVER FIFTEEN THOUSAND INMATES
AND THE INCIDENCE OF GASSING IS
INCREASING EVERY YEAR IT'S MORE
THAN DOUBLED SINCE.
TWO THOUSAND THIRTEEN THE
PRIMARY TYPE OF GAS IN OUR JAILS
OF IN YOUR AND AND EMPLOYEES.
THE INMATES MIX THE URINE AND
FECES AND A COP THEN THEY ADD TO
THE BASE TO IT SO THAT'LL STICK
TO THE SKIN.
OF THE EMPLOYEE THE TARGET THE
FACE SO THAT IT'LL GET IN THEIR
EYES.
A NOSE AND MOUTH.
IT IS INTENDED TO INFECT THE
EMPLOYEES WITH DISEASES THE
INMATES MAY HAVE INCLUDING
HEPATITIS AND H. I. V..
WE AVERAGE OVER TO ORDER CASES
OF GASSING EACH YEAR TRUST IN
THE LA COUNTY JAIL OF WHICH
AROUND FORTY ARE CONFIRMED TO
HAVE COMMUNICABLE DISEASES.
WE HAVE TO PROTECT THE EMPLOYEES
WHO WORK IN SUCH VIOLENT
SETTINGS.
CURRENTLY THEY HAVE NO
PROTECTIVE GEAR AGAINST THESE
ASSAULTS FIREFIGHTERS HAVE
PROTECTIVE --
JACKETS DOCTORS WEAR PROTECTIVE
GLOVES --
BUT CUSTODIAL OFFICERS HAVE NO
PROTECTION AT ALL FROM GASSING.
MOST EMPLOYEES HAVE NO IDEA OF
THEIR RIGHTS OR WHAT TO DO AFTER
GASSING ATTACK.
THEY FEEL LIKE THEY ARE ALONE
AND HAVE NO SUPPORT THEY SUFFER
FROM STRESS AND SLEEPLESS NIGHTS
NOT KNOWING IF THEY HAVE
CONTRACTED THE DISEASE.
AS IF HAVING FECES AND URINE
THROWN IN YOUR FACE ISN'T BAD
ENOUGH THESE EMPLOYEES FEEL AS
THOUGH NOBODY CARES ABOUT THEM.
WE HAVE TO ADDRESS THIS PROBLEM
ASSEMBLY BILL TWO NINETY FOUR IS
THE FIRST STEP TOWARDS
RECOGNIZING THE PROBLEM OF
GASSING AND DEVELOPING
PROTECTIONS AND RIGHTS FOR THE
CUSTODIAL OFFICERS WERE SUBJECT
TO THESE HORRIBLE ATTACKS.
THANK YOU THANK YOU.
MY NAME IS.
MY NAME IS DAVID TEPPERMAN.
I'M A SOCIAL WORKER AT CORCORAN
STATE PRISON IN THE MENTAL
HEALTH DEPARTMENT.
AND A MEMBER OF ASKS ME LOCAL
TWENTY SIX TWENTY I SUPPORT AB.
FOR STAFF. TO SAFELY MITIGATE
EXPOSURE TO HUMAN EXCREMENT AND
OTHER POTENTIALLY INFECTIOUS
BODILY FLUIDS INCLUDING SALIVA
AND SOMETIMES SEMEN [inaudible]
HELLO.
AND QUIRK GRIN WE HAVE THREE TO
FIVE GAS SINGS PER WEEK
[inaudible]
SACRAMENTO ALSO HAS A LOT OF THE
PRISON SACRAMENTO ALSO HAS A LOT
OF GAS THINGS.
EARLY IDENTIFICATION OF FLUIDS
ALLOWS FOR PROPHYLACTIC
TREATMENT OF THE STAFF.
TREATMENT IS EXTENSIVE FOR SOME
OF THESE DISEASES.
LOTS OF BAD SIDE EFFECTS --
MANY PEOPLE.
WHO GET GAST HAVE TO REFRAIN
FROM?
UNPROTECTED SEXUAL ACTIVITY FOR
UP TO A YEAR.
THIS REALLY IMPACTS OF FAMILY --
I WOULD ALSO LIKE TO ASK YOU TO
AMEND SECTION TWO TO REPLACE
CLOTHING NOT JUST OF
CORRECTIONAL OFFICERS BUT I'M
ALL STAFF WE WORK SIDE BY SIDE
WITH CORRECTIONAL OFFICERS.
ARE EXPOSURE IS THE SAME --
AND IT MAKES A DIFFERENCE FOR US.
I'VE PERSONALLY BEEN GASSED IT'S
VERY UNPLEASANT.
I WAS MORE LUCKY THAN MOST.
AND THAT THE FLUID ONLY HAD MY
ARM AND I DIDN'T HAVE ANY BREAKS
IN THE SKIN.
OUR OTHER OF MY COLLEAGUES.
HAVE HAD TO HAVE A EXTENSIVE
TREATMENT. FOR UP TO A YEAR.
THE EARLY IDENTIFICATION IS
REALLY IMPORTANT. TO BE ABLE TO
AT LEAST KNOW.
HAVE A BETTER IDEA.
OF YOUR LEVEL OF EXPOSURE PLEASE
SUPPORT THIS BILL [inaudible]
THANK YOU. ELEVEN JOHN LEVEL ON
BEHALF OF THE ASSOCIATION OF
DEPUTY DISTRICT ATTORNEYS
CALIFORNIA ASSOCIATION OF CODE
ENFORCEMENT OFFICERS.
CALIFORNIA COLLEGE AND
UNIVERSITY POLICE CHIEFS
ASSOCIATION CALIFORNIA
CORRECTIONAL SUPERVISORS
ORGANIZATION AND CALIFORNIA
NARCOTICS OFFICERS ASSOCIATION
ALL IN STRONG SUPPORT.
THANK YOU I DO IT --
SIX MISTER CHAIR MEMBERS MATTHEW
CYBER THAT WE HAVE THE
ASSOCIATION FOR LOS ANGELES
DEPUTY SHERIFFS IN THE LOS
ANGELES PROBATION OFFICERS UNION
ASK ME THAT WAS.
SIX EIGHTY FIVE BOTH IN STRONG
SUPPORT OF THIS CRITICAL --
RANK AND FILE BILL THANK YOU
[inaudible]
THANK YOU. ONE WAS CHAIR MEMBERS
JIM ON BAKER ON BEHALF
CALIFORNIA CORRECTIONAL PEACE
OFFICERS ASSOCIATION STRONG
SUPPORT [inaudible]
THANK YOU.
A BRANDED UP ON BEHALF OF THE
LOS ANGELES COUNTY SHERIFF IN
SUPPORT THANK YOU.
RANGER WITH THE RIVERSIDE
SHERIFF'S ASSOCIATION SUPPORT.
THANK YOU.
ARE THERE ANY WITNESSES IN
OPPOSITION.
COULD YOU ALLOW.
THE TO SEE.
FORTY GOOD MORNING TEAR THE
NUMBERS.
FISHER ON BEHALF OF THE ACLU OF
CALIFORNIA --
LET ME JUST START BY SAYING THAT --
WE HAVE NO ISSUE WITH THE MAIN
PURPOSE OF THIS BILL WHICH I
UNDERSTAND TO BE --
INFORMING OFFICERS OF THEIR
RIGHTS UNDER EXISTING LAW AND
MAKING SURE THEY GET WHAT
THEY'RE ENTITLED TO AND AND
FURTHER PROTECTIVE GEAR --
NONE OF THAT IS A NEW THING THAT
WE HAVE ANY CONCERN WITH --
I ALSO WANT TO THANK ASSEMBLY
MEMBER STAFF FOR TALKING TO US
AND WORKING WITH US ON OUR
CONCERNS.
UNFORTUNATELY THE CURRENT
AMENDMENTS TO THE BILL --
DO NOT RESOLVE THOSE CONCERNS
AND WE MUST RESPECTFULLY OPPOSE
AB.
TWO NINETY FOUR THE PROPOSED
CHANGES REGARDING WHEN SOMEBODY
IN CUSTODY CAN BE INVOLUNTARILY
TESTED FOR DISEASE ARE AT BEST
CONFUSING AND UNNECESSARY AND AT
WORST COULD POTENTIALLY RESULT
IN THE FAILURE TO PROVIDE.
IMPORTANT PART IMPORTANT DUE
PROCESS PROTECTIONS BEFORE A
PERSON IS SUBJECTED TO
INVOLUNTARY TESTING --
LET ME STEP BACK FOR A MINUTE
AND TALK ABOUT WHY IT'S
IMPORTANT TO HAVE FOR SEIZURES --
AS TO WHEN INVOLUNTARY TESTING
CAN BE IMPOSED.
A PERSON'S RIGHT TO DECIDE
WHETHER THAT PERSON WILL BE
TESTED FOR HIV OR ANY OTHER
DISEASE IS AN ESSENTIAL CIVIL
RIGHT AND NO ONE SHOULD BE
SUBJECTED TO INVOLUNTARY TESTING.
WITHOUT PROTECTIONS TO ENSURE
THAT THE TESTING IS TRULY
NECESSARY.
IN A CORRECTIONAL SETTING THE
CONCERNS ARE SURROUNDING
INVOLUNTARY TESTING ARE
HEIGHTENED.
AN INMATE MAY HAVE VERY GOOD
REASON TO REFUSE TESTING AS THE
IN MAY MAY BE SUBJECT TO STIGMA
AND INDEED IN PHYSICAL HARM.
SIMPLY ON THE BASIS HAVE BEEN
KNOWN TO HAVE BEEN TESTED.
EXISTING LAW BALANCES THESE
IMPORTANT CONCERNS WITH THE
RIGHTS OF CORRECTIONAL EMPLOYEES
TO DETERMINE WHETHER THEY NEED
MAY BE AT RISK OF DISEASE FROM A
GAS ATTACK OR OTHER CONTACT WITH
AN INMATE'S BODILY FLUIDS.
TITLE EIGHT OF PART THREE OF THE
PENAL CODE BEGINNING WITH
SECTION SEVENTY FIVE HUNDRED
REQUIRES REPORTING OF ANY
INCIDENT IN WHICH AN OFFICER OR
EMPLOYEE COMES INTO CONTACT WITH
AN INMATE'S BODILY FLUIDS.
ALLOWS THE OFFICER OR EMPLOYEE
TO REQUEST TESTING OF THE IN
MADE FOR HIV OR HEPATITIS B. OR
C..
AND SETS OUT THE PROCEDURES AND
STANDARDS BY WHICH THE DECISION
WHETHER OR NOT TO ORDER TESTING
MUST BE MADE.
THE CHANGES PROPOSED IN AB TWO
NINETY FOUR WITH REGARD TO
TESTING AND REQUESTS FOR TESTING
ARE SIMPLY NOT NECESSARY.
AS THE OFFICERS ALREADY HAVE THE
RIGHT TO TESTING UNDER EXISTING
LAW.
AND THEY WILL CREATE CONFUSION
ABOUT WHETHER AND HOW THE
EXISTING PROVISIONS OF LAW
REGARDING TESTING APPLY TO THE
THE REQUEST THAT SEEM TO BE
NEWLY AUTHORIZED UNDER.
THE LANGUAGE OF THE BILL.
WE WOULD ASK THAT THE BILL BE
AMENDED TO REMOVE THE LANGUAGE
OF SECTION TWO FORTY THREE POINT
NINE C. THREE WHICH THAT'S WHAT
WHICH STATES THE OFFICERS RIGHT
TO REQUEST TESTING AS WE BELIEVE
THAT IS DUPLICATIVE OF EXISTING
LAW. TO RESTORE THE EXISTING
LANGUAGE OF SECTION TWO FORTY
THREE POINT NINE C. TOO SO THAT
IT CONTINUES TO REFER TO
HEPATITIS AND TUBERCULOSIS
WITHOUT HIV BECAUSE HIV TESTING
IS COVERED UNDER SECTION SEVENTY
FIVE HUNDRED AND FALLING --
AND FINALLY SAID THAT THE NEW
NOTICES REQUIRED BY THE BILL
ACCURATELY DIVERSE DESCRIBE IN
EMPLOYEES RIGHT TO REQUEST
TESTING.
WE RESPECTFULLY ASK FOR YOUR NO
VOTE ON THE BILL IN ITS CURRENT
FORM.
THANK YOU ARE THERE ANY OTHER
WITNESSES IN OPPOSITION.
MARGOT GEORGE FOR THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION
WANNA THANK THE OFFER FOR THE
AMENDMENTS AND WE'RE WITHDRAWING
OUR OPPOSITION.
THANK YOU.
ARE THERE ANY QUESTIONS OR
COMMENTS FROM COMMITTEE MEMBERS
[inaudible]
MR QUIRK.
WHAT AT FIRST OF ALL I AM VOTING
FOR THE BELL BUT I DO WANT TO
KNOW?
WHAT'S DIFFERENT ABOUT THE
PROCEDURE.
AND WHY DO YOU HAVE CONCERNS
ABOUT IT.
SO I I WILL SAY THAT I THINK
THAT EVEN EXISTING LAW IS
SOMEWHAT CONFUSING BECAUSE THERE
IS A SECTION TWO FORTY THREE
POINT NINE WHICH THE BILL AMENDS
WHICH MAKES PROVISION FOR TAX
FOR INVOLUNTARY TESTING.
WHEN SOMEONE IS THE VICTIM OF A
GASSING ATTACK WITH TESTING FOR
HEPATITIS OR TUBERCULOSIS AND
SETS OUT WHAT THE PROCEDURES ARE --
FOR FOR MAKING THAT DECISION AND
AN IMPOSING THAT TESTING AND
THEN THERE'S THE SEPARATE FOR IT
AND THERE'S THE STATEMENT IN
THAT PROVISION THAT SAYS.
NOTHING IN THIS SUBDIVISION
SHALL BE CONSTRUED THE THE
OPERATION OF TITLE EIGHT
COMMENCING WITH SECTION. SEVENTY
FIVE HUNDRED I AM UNCERTAIN
FRANKLY HOW THOSE TWO PROVISIONS
OF LAW OPERATE NOW BUT I THINK
ADDING TO THAT.
HIV TESTING UNDER TO FORTY THREE
POINT.
NINE CREATES FURTHER CONFUSION
ABOUT WHAT HAPPENED SPECIFICALLY
IN THE CASE OF HIV TESTING AND
THEN ADDING THE THE STATEMENT OF
THAT THE OFFICER OR EMPLOYEE
SHALL HAVE THE RIGHT TO REQUEST
THE IN MAY BE TESTED --
IT IT LEAVES IT UNCLEAR AS TO
WHETHER THAT RIGHT TO REQUEST
TESTING IS SOMETHING OUTSIDE OF
THE EXISTING PROVISIONS --
REGARDING PROCEDURES FOR SUCH A
REQUEST OKAY SO I STRONGLY
SUPPORT YOUR BILL MISTER
RODRIGUEZ.
JUDGES CAN DO STRANGE THINGS.
SO IT'S PROBABLY BEST YOU WORK
WITH YOUR TECHNICAL EXPERTS
BECAUSE IF AREN'T THE ACLU SEES
THAT THERE'S SOME AMBIGUITY A
JUDGE MIGHT SEE IT.
AS FAR AS I'M CONCERNED IF YOU
GAS SOMEBODY YOU LOSE YOUR RIGHT
TO PRIVACY I DON'T KNOW THAT THE
ACLU WOULD SUPPORT ME ON THAT
BUT I THINK THAT'S VERY SIMPLE.
THERE MAY BE REASONS YOU CAN'T
PUT IT THAT WAY BECAUSE OF
SOMETHING OR OTHER IN OUR
CONSTITUTION BUT IT PROBABLY
HELPS TO SIMPLIFY.
ARE IN SOME WAY AND AS YOU GO ON
FOR THIS VERY IMPORTANT BELL I
JUST URGE YOU TO LOOK AT THAT
THANK YOU.
QUESTIONS MISS KAMLAGER-DOVE SO
I TO WILL BE SUPPORTING --
THE BILL I JUST HOPE THAT --
IN THE PROCESS OF HOPEFULLY THIS
AND MAYBE NOT OTHER BILLS MOVING
FORWARD THAT THERE'S ALSO SOME
CONSIDERATION GIVEN AROUND WHAT
HAPPENS AFTER TESTING HAPPENS
BECAUSE I WOULD CERTAINLY HAVE
CONCERNS OF FOLKS ARE TESTED FOR
HIV OR SOME OTHER --
DISEASE AND THEN THERE'S
RETALIATES THERE'S FURTHER
DISCRIMINATION OR STIGMATISATION
AS IT RELATES TO YOU KNOW SOME
OF THE THINGS THAT MIGHT BE
REVEALED FROM THE TESTING.
IF THEY'RE ALREADY VOLATILE
UNSTABLE.
FACILITIES AND EXACERBATING THAT
WITH SOME ADDITIONAL.
DRAMA BECAUSE OF SOME RESULTS OF
A TEST --
YOU KNOW COULD KIND OF
XCELERATED EXACERBATE AN ALREADY
UNSTABLE --
SITUATION SO WHY WOULD HER HOPE
THAT THERE WOULD BE SOME THOUGHT
GIVEN TO KIND OF THE AFTERMATH
OF TESTING BECAUSE YOU'RE
CERTAINLY TRYING TO PREVENT.
GAS THINGS FROM HAPPENING BUT
YOU KNOW.
SQUARELY THINGS HAPPEN IN THOSE
FACILITIES ONCE FOLKS HAVE
ADDITIONAL INFORMATION.
THE FEMALE LOOK AT AS WELL THANK
YOU THANK YOU.
MISTER CHAIR I THINK ONE OF THE
WITNESSES HAS --
CAN PERHAPS ELUCIDATE WHAT THE
CURRENT PROCEDURES ARE.
I MEAN.
FIRST OF ALL THE INVADERS
PROTECT FIRST OF ALL THE INMATE
IS PROTECTED BY.
THE RULES OF HIP.
SO IF THEY DO GET TESTED IT
BECOMES PART OF THEIR MEDICAL
RECORD.
AND HIS.
HELD CONFIDENTIAL.
WITHIN --
I'M NOT SURE HOW THAT RELATES TO
LEADING THE VICTIM NO.
BUT IT CERTAINLY --
IT CERTAINLY DOESN'T
[inaudible]
DOESN'T.
PUT THE VICTIMS AND HEALTH
RECORD.
OUT IN THE GENERAL POPULATION OF
THE INMATES IT DOESN'T.
I DON'T SEE THAT AS BEING AN
ADDED IMPAIRMENT TO THE IN MAY --
IT'S GENERALLY HELD
CONFIDENTIALLY AND RETALIATION.
BY THE INMATE POPULATION IS NOT
AN ISSUE.
RETALIATION BY.
LAW ENFORCEMENT IS SOMETHING
THAT WE TRAIN AGAINST ALL THE
TIME.
AND WOULD DO VERY WELL WITH THAT
IN CORCORAN STATE PRISON.
AND I'M CONFIDENT THAT IT'S NOT
AN ISSUE [inaudible]
YES.
ANY OTHER.
COMMENTS OR QUESTIONS.
YOU MAY CLOSE MISTER RODRIGUEZ
RESPECT RAIL FROM ABOUT THANK
YOU THANK YOU --
AND DIED THE TWO CHAIRS
RECOMMENDING ESPECIALLY AFTER
TODAY --
AFTER THE THE DESCRIPTION OF
GASSING TODAY.
WHICH I CAN'T ON HERE RIGHT NOW --
FOR EVER BE ABLE TO ON HERE --
I I KNOW HOW SERIOUS.
THIS IS --
ALSO THE THE DISCUSSION WHICH I
THOUGHT WOULD BE.
PART OF THE LABOR NEGOTIATION
THAT IF.
YOU'RE YOU'RE ABLE TO GET A NEW
UNIFORM THAT SEEM TO BE KIND OF
BASIC TO ME SO I DON'T KNOW IF
THAT'S SOMETHING YOU DO IN
COLLECTIVE BARGAINING.
BUT THAT.
I DID.
IT WAS MENTIONED TO ME EARLIER.
THAT THAT WAS IN THAT WAS AN
ISSUE WHICH IS UNFATHOMABLE TO
ME THAT YOU WOULD NOT WORK VERY
HARD TO GET.
SOMEONE WHO'S BEEN GAS --
A NEW UNIFORM AND MAYBE THERE'S
SOMETHING IN THERE THAT --
WE CAN WORK ON IT JUST MOVE
MOVES FORWARD AND I WOULD WANT
TO WORK WITH YOU ON THAT BECAUSE
THAT THAT ONE ACTUALLY DID MAKE
ANY SENSE TO ME WHICH IS WHY.
WE NEED.
TO MAKE SURE THAT THE PERSON
THAT'S GETS GAS THAT WE MAKE
SURE THAT THEY'RE SAFE.
THAT WE DO WHATEVER TESTING WE
NEED TO DO TO ENSURE THAT I
BELIEVE.
THAT THE THE MEMBERS AND THE
ACLU ARE CONCERNED NOT ONLY --
FROM RETALIATION FROM.
FROM PEOPLE THEIR INMATES BUT
THERE THE NINETY DAY.
SHOULD BE CONCERNED AT LAW
ENFORCEMENT RETALIATE BECAUSE
THEY'VE HEARD ONE OF THEIR OWN.
AND SO OF BLOOD.
LISTEN TO THE THE MEMBERS AND IF
THERE'S ANY WAY YOU CAN PROVIDE
MORE EVIDENCE WHERE IT THAT
WON'T.
OR WHATEVER STEPS YOU HAVE TO
ENSURE THAT THAT WON'T HAPPEN ON
BOTH SIDES --
I THINK WILL HELP WITH THE REST
OF THE MEMBERS HERE.
AND SO CHURCH RECOMMEND AN AYE
VOTE.
THANK YOU.
ON EIGHTY TO NINETY FOUR THE
MOTION IS TO PASS TO THE
APPROPRIATIONS COMMITTEE JONES
SAWYER.
HI JOHN SIR HI LACKEY.
LACKEY ALLY BARRICADE HAND.
BAUER-KAHAN I DEEP --
DEATH HI KAMLAGER-DOVE I QUIRK.
QUIRK AYE SANTIAGO.
WICKS HI WICKS I THE MEASURE
PASSES RIGHT.
ITEM NUMBER FIVE AB. TWO SEVEN
SEVEN ROLL REINTEGRATION
.
YES WHENEVER YOU'RE READY.
THANK YOU MISTER CHAIR THIS IS A
FAMILIAR BILL FOR SOME OF YOU
INCLUDING THE CHAIR.
THIS IS AB TWO SEVEN SEVEN
REINTEGRATION CREDITS SENSIBLE
GIVE PEOPLE ON PAROLE THE
OPPORTUNITY TO EARN RE
INTEGRATION CREDITS.
BOB TO REDUCE THEIR TERM ON
PAROLE.
WELL AS WE KNOW WHILE IN
CONFINEMENT INMATES HAVE ACCESS
TO EDUCATIONAL VOCATIONAL
PROGRAMS WHICH ARE CAUGHT UPON
COMPLETION CAN RATE CAN BE
REDEEM FOR SORTING THEIR
SENTENCE.
HOWEVER AND FOR ALL WE DON'T
HAVE THE SYSTEM AND THE CURRENT
SYSTEM OF PAROLE AS A PUNISHMENT
MODEL WHICH PUNISHES FAILURE AS
OPPOSED TO ENCOURAGING.
SUCCESS.
THIS BILL WOULD MERE THE
MILESTONE COMPLETION CREDITS
BASED APPROACH.
WHICH IS FROM PRESENT OF COURSE
SO INDIVIDUAL BE INCENTIVIZED TO
COMPLETE THEIR EDUCATION AND
COMMUNITY GOALS.
THE BILL LAYS OUT SPECIFICS AS
FAR AS HOW MUCH TIME SOMEBODY ON
PAROLE COULD EARN EACH YEAR FOR
COMPLETING AN EDUCATION DEGREE.
A COLLEGE COURSE OUR CLASS
COMMUNITY SERVICE HOURS GOOD
BEHAVIOR.
AND OR A SUBSTANCE ABUSE HOW
WILL ALSO HELP PUBLIC SAFETY BY
REDUCING CASELOADS FOR PAROLE
AGENTS WHO ARE OVERBURDENED.
ALLOWING THEM TO FOCUS THEIR
NEEDED TIME ON THOSE WHO NEED.
EXTRA GUIDANCE WHILE ALLOWING
THOSE WHO.
WHO ARE PURSUING A PATH IN
EDUCATION --
COMMUNITY SERVICE TO CONTINUE TO
THRIVE.
WITH ME TODAY.
IS DAVID MUHAMMAD EXECUTIVE
DIRECTOR OF THE NATIONAL
INSTITUTE FOR CRIMINAL JUSTICE
REFORM AND DANIELLE A MEDINA.
WHO IS AN UNDERGRADUATE SCHOLAR?
AT UC BERKELEY.
OUR WILL CHAIR MEMBERS OF THE
COMMITTEE THANK YOU FOR THE
OPPORTUNITY TO TESTIFY BEFORE
YOU TODAY IN SUPPORT OF AB.
TWO SEVENTY SEVEN MY NAME IS
DANIEL MEDINA I WORK WITH
UNDERGROUND SCHOLARS INITIATIVE
A PROGRAM THAT SUPPORTS
CURRENTLY AND FORMERLY
INCARCERATED AND SYSTEM IMPACTED
PEOPLE IN ACCESSING HIGHER
EDUCATION.
I AM ALSO FULL TIME STUDENT AT
UC BERKELEY.
IN MY ROLE AS A STUDENT
COORDINATOR I SEE FIRSTHAND HOW
EDUCATION HAS WORKED AS AN
EFFECTIVE RE ENTRY PLAN FOR
PEOPLE ON PAROLE.
OUR PROGRAM HAS A 1100%
GRADUATION RATE AND MANY OF THE
FORMERLY INCARCERATED STUDENTS
TO HAVE GRADUATED FROM OUR
PROGRAM ARE NOW PERSONALLY
MASTERS PIECE CHEESE.
PASTIES AND LAW DEGREES.
AS A FORMERLY INCARCERATED
STUDENT MYSELF I CAN ONLY SEE
SAY THAT ACCESS TO EDUCATION HAS
CHANGED THE COURSE OF MY LIFE.
I WAS INCARCERATED FOR TEN YEARS
AND IN HE AND THEN MY ASSOCIATES
DEGREE WITH THE HOPES OF
ATTENDING UC BERKELEY UPON MY
RELEASE.
I WANTED TO APPLY WHEN I WAS
RELEASED BUT WAS AFRAID THAT
BEING ON PAROLE WOULD AFFECT MY
ACCEPTANCE SO I WAITED UNTIL I
WAS OFF.
IN MAY I WILL BE GRADUATING FROM
UC BERKELEY WITH MY BACHELOR'S
DEGREE I RECENTLY FOUND OUT THAT
I WAS ACCEPTED INTO THE MASTERS
PROGRAM AT UC BERKELEY AS WELL.
EDUCATION WAS MY REENTRY PLAN.
MY EXPERIENCE ON PAROLE LIMITED
ME FROM GOALS.
THERE WERE MANY TIMES THAT I WAS
BARRED FROM BY PRO FROM ENGAGING
IN FAMILY REUNIFICATION EVENTS
BECAUSE THEY WERE OUTSIDE OF THE
FIFTY MILE RADIUS OF MY PAROLE
RESTRICTIONS.
AS WELL AS BEING DENIED
PERMISSION TO TRAVEL FOR WORK
RELATED MEETINGS DUE TO SIMILAR
PEARL RESTRICTIONS.
THESE RESTRICTIONS HINDER RATHER
THAN HELP MY RE ENTRY EXPERIENCE.
THIS BILL WOULD ALLOW FORMALLY
INCARCERATED STUDENTS EARN
CREDIT AND INCREASED TRAVEL
RADIUS BY SHOWING THAT THEY ARE
COMMITTED TO CHANGING THE
TRAJECTORY OF THEIR LIVES TO
EDUCATION.
HIGHER EDUCATION PERSONS ARE
VOLUNTARY LEN ACKERMAN OF PROP
FIFTY SEVEN CREATED INCENTIVES
ENCOURAGE INDIVIDUALS TO ENROLL
IN SCHOOL AND COMPLETE
REHABILITATION PROGRAMS WHILE
INCARCERATED.
I STRONGLY BELIEVE THE SAME
INCENTIVE SHOULD BE GIVEN TO
THOSE ON PAROLE FOR UNDER STATE
SUPERVISION AND UNDER NO
OBLIGATION TO CONTINUE SELF
BETTERMENT ASIDE FROM THEIR OWN
DESIRE FOR CHANGE.
IF HIGHER EDUCATION HAVE BEEN
INCENTIVIZE FOR ME DURING THE
TIME I WAS ON PAROLE AS THIS
BILL WOULD DO.
I WOULD HAVE BEEN MORE LIKELY TO
APPLY AND ROLL DESPITE MY FEARS.
THIS BILL WOULD NOT ONLY PROVIDE
FORMAL TO CONTINUE THEIR
EDUCATION BUT WITH SIGNAL TO
THEM THAT THE STATE AND THE
PAROLE SYSTEM VALUE THEIR EFFORT.
THIS BILL IS ALSO AN IMPORTANT
STEP IN REDUCING RECIDIVISM AND
INCREASING PUBLIC SAFETY.
RESEARCH RECENT RESEARCH
CONDUCTED BY DR HARDING A UC
BERKELEY PROFESSOR SHOWS A 51%
DECREASE IN RECIDIVISM FOR
STUDENTS TO ACCESS COLLEGE
PROGRAMS WHILE IN PRISON.
BASED ON MY PERSONAL EXPERIENCE
AND WHAT I'VE SEEN AS A STAFF
MEMBER UNDERGROUND SCHOLARS.
I WOULD SAY THAT PERCENTAGE MAY
BE EVEN HIGHER FOR FORMERLY
INCARCERATED STUDENTS.
THE PUBLIC SAFETY BENEFITS OF
THIS BILL ARE ARE CLEAR.
THE BILL REDUCE RECIDIVISM
IMPROVE RE ENTRY AND STRENGTH IN
THE PAST WAYS THAT ORGANIZATIONS
LIKE UNDERGROUND SCHOLARS AND
PROJECT REBOUND ARE CREATING TO
GET FORMALLY INCARCERATED
STUDENTS ENROLLED IN OUR
UNIVERSITIES. FOR THESE REASONS
I URGE YOU TO VOTE YES ON THIS
BILL THANK YOU.
THANK YOU YES SIR A GOOD MORNING
HAS CHAIRMAN A JONES SAWYER IN
THE MEMBERS OF THE COMMITTEE MY
NAME IS DAVID MUHAMMAD AND THE
EXECUTIVE DIRECTOR OF THE
NATIONAL INSTITUTE FOR CRIMINAL
JUSTICE REFORM.
I'M ALSO FORMER A CORRECTIONAL
FACILITY ADMINISTRATOR AND
WASHINGTON DC NEW YORK CITY AND
HERE IN CALIFORNIA RUSH SERVE AS
THE CHIEF PROBATION OFFICER OF
ALAMEDA COUNTY.
HI TESTIFIED TODAY IN STRONG
SUPPORT OF AB.
TWO SEVEN SEVEN A BILL THAT
WOULD IMPROVE THE OUTCOMES OF
PEOPLE ON PAROLE EASE THE BURDEN
OF OVERWORK PAROLE AGENTS AND
INCREASE PUBLIC SAFETY.
AB TWO SEVEN SEVEN WILL
INCENTIVIZE PAROLEES TO ACHIEVE
SUCCESS BY PROVIDING SIGNIFICANT
CREDITS FOR EDUCATIONAL
ACHIEVEMENTS AS WELL AS CREDITS
FOR COMPLETING TREATMENT
PROGRAMS OF VOLUNTEERING AND
CIVIC ENGAGEMENT.
THIS BILL WILL ENCOURAGE
PAROLEES TO FOCUS ACTIVITY.
BY PASSING AB TWO SEVEN SEVEN
CALIFORNIA WILL JOIN THIRTY SIX
OTHER STATES IN REFORMING THE
PAROLE SYSTEM TO SHORTEN AND
EFFECTIVE AN UNNECESSARILY LONG
PERIOD OF SUPERVISION.
THE CALIFORNIA WILL BECOME A
LEADER BY TAKING A STEP FURTHER
AND INCENTIVIZING ACHIEVEMENT.
THE EMPHASIS ON EDUCATION THIS
BILL IS CRITICAL IN EVIDENCE
BASED A TWO THOUSAND FOURTEEN
RAND CORPORATION STUDY REVEALED
THAT PEOPLE IN THE CRIMINAL
JUSTICE SYSTEM WHO COMPLETE AND
EDUCATION PROGRAM WERE 43% LESS
LIKELY TO BE SENT BACK TO PRISON
AND THOSE WHO DID NOT.
RESEARCH HAS ALSO SHOWN THAT
CIVIC ENGAGEMENT GIVES PAROLEES
GREATER CONNECTION TO THE
COMMUNITY PURPOSE AND BELONGING
AND THEREBY REDUCING RECIDIVISM.
PAROLEES OR TAKE ADVANTAGE OF
THESE INCENTIVES WILL INHERENTLY
BE AT LESS RISK TO THE PUBLIC
SAFETY TO BEGIN WITH AND WILL
ALSO REDUCE THEIR RISK AS THE
EARNED EDUCATION CREDITS AND
COMPLETE TREATMENT PROGRAMS.
AS LOWER RISK PAROLEES AREN'T
TIME OFF PAROLE THIS WILL ALLOW
PAROLE AGENTS TO FOCUS THEIR
LIMITED TIME AND RESOURCES ON
THE SMALL THE NUMBER OF PEOPLE
WHO POSE GREATER RISKS TO THE
PUBLIC SAFETY.
NUMEROUS STUDIES HAVE SHOWN THAT
CORRECTIONAL SUPERVISION OF
LOWER RISK PEOPLE IS AN
EFFECTIVE A WASTE OF RESOURCE
AND CAN EVEN LEAD TO WORSE
OUTCOMES. ONE STUDY BY THE PEW
CENTER ON THE STATE'S DETERMINE
THAT AFTER FIFTEEN MONTHS OF
SUPERVISION WITHOUT VIOLATION TO
OFFENSE THE LIKELIHOOD THAT A
PAROLE THE WILL COMMIT A NEW
CRIME DRAMATICALLY DECLINES.
RECENT DETAILED STUDIES OF
ARIZONA IN MISSOURI LEGISLATION
PROVIDES CORRECT THAT PROVIDES
CREDITS TO PRODUCE TO REDUCE
PAROLE SUPERVISION.
SHOW THAT NEW LAWS WERE
ACHIEVING THEIR INTENDED IMPACT.
PAROLE AGENTS CASE OLDER SMALLER
CORRECTIONAL SPENDING WAS
REDUCED AND THE RECIDIVISM RATE%
OF PEOPLE AREN'T EARLY RELEASE
NOT INCREASE.
CALIFORNIA HAS EVEN IMPLEMENT A
VERSION OF THIS UNDER AB ONE OH
NINE CRIMINAL JUSTICE
REALIGNMENT PEOPLE RELEASED FROM
PRISON OPPOSE RELEASE COMMUNITY
SUPERVISION WHO WOULD HAVE BEEN
ON PAROLE ARE NOW UNDER
PROBATION SUPERVISION.
THEY CAN HAVE THEIR TERM THEIR
SUPERVISION TERMINATED AFTER SIX
MONTHS AND MUST HAVE THEIR
PROBATION TERMINATED AFTER A
YEAR IF THEY'RE NO VIOLATIONS A
NEW OFFENSES ALTHOUGH THEIR
ORIGINAL TERM SUPERVISION WAS
THREE YEARS.
AND NOW CALIFORNIA CAN IMPROVE
UPON THIS OF THE TO REFRAIN FROM
CRIME BUT TO ACHIEVE SUCCESS.
AB TWO SEVEN SEVEN IS A WIN WIN
WIN.
ROLL THESE WILL IMPROVE THEIR
OUTCOMES PAROLE AGENTS WILL HAVE
IMPROVED WORKLOADS AND THE
COMMUNITY WILL BE SAFER I
STRONGLY URGE YES FALLS THANK
YOU ANY OTHER WITNESSES IN
SUPPORT NAME AN ORGANIZATION.
KATHY SURE FOR THE ACLU OF
CALIFORNIA IN STRONG SUPPORT.
MICHAEL MENDOZA FROM THE ANTI
RECIDIVISM COALITION IS STRONG
SUPPORT.
ERIC ANDERSON FROM INITIATE
JUSTICE PROD CO SPONSOR AND
SUPPORT.
MARGOT GEORGE FOR THE CALIFORNIA
PUBLIC DEFENDERS --
IN SUPPORT WE WOULD ASK FOR
FRIENDLY AMENDMENT THAT THIS
BILL INCLUDES SEX OFFENDERS AS
WELL THANK YOU.
I MEAN ELSTER ALL OF US FOR NINE
AN UNDERGROUND SCHOLARS AND I
STRONGLY URGE YOU TO SUPPORT
THIS BILL.
JESSICA GUNDERSEN CALIFORNIANS
FOR SAFETY AND JUSTICE IN STRONG
SUPPORT THIS BILL.
JIM LIMBURG ON BEHALF OF THE
FRIENDS COMMITTEE ONLEGISLATION
CALIFORNIA IN SUPPORT.
GOING BACK IS FOR ELLA BAKER
CENTER FOR HUMAN RIGHTS IN
STRONG SUPPORT.
HEY NAS YOUR HERNANDEZ ON BEHALF
THE CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE IN SUPPORT --
ESPANA IS POLICY CORNER FOR THE
ANTI RECIDIVISM COALITION IN
STRONG SUPPORT.
A PROGRESS IN LIFE COACH FOR THE
ANTI RECIDIVISM COALITION IN
SUPPORT.
EUGENE DAY WITH THE ANTI
RECIDIVISM COALITION IN STRONG
SUPPORT.
EDU WIN DIRECTOR PROJECT
REBOUNDS FROM EXPORT.
ROBERT NGUYEN OF ANTI RACISM
COALITION ARE STRONG SUPPORT.
THANK YOU ARE THERE ANY
WITNESSES IN OPPOSITION
.
THANK YOU MISTER CHAIRMAN AND
THANK YOU ARE VICE CHAIRMAN
LACKEY AND ALL THE MEMBERS OF
THE COMMITTEE I PURCHASED.
WE APPRECIATE THE OPPORTUNITY
TODAY TO EXPRESS OUR RESPECTFUL
OPPOSITION TO THIS BILL --
ALTHOUGH WE SUPPORT STRONGLY
REINTEGRATION CREDITS THE FACT
IS THAT THIS BILL --
EXCLUDES A LARGE GROUP OF P. AND
BEFORE I GO ON ME INTRODUCE
MYSELF ON JANICE BALUCHI I'M A
CIVIL RIGHTS ATTORNEY I'M ALSO
THE EXECUTIVE DIRECTOR OF THE
ALLIANCE FOR CONSTITUTIONAL SEX
OFFENSE LAWS.
AND WE'RE NONPROFIT ORGANIZATION
THAT'S DEDICATED TO PROTECTING
THE CONSTITUTION.
ABOUT THE STATE AND FEDERAL
CONSTITUTIONS AS SUCH WE
REPRESENT MORE THAN A HUNDRED
AND TEN THOUSAND FAMILIES HERE
IN CALIFORNIA --
AS A BILL AS CURRENTLY WRITTEN
ON THERE IS A VERY BROAD
EXCLUSION --
THAT BASICALLY SAYS THAT ANYBODY
WHO'S EVER BEEN CONVICTED OF A
SEX OFFENSE --
WOULD NOT QUALIFY FOR THESE
REINTEGRATION CREDITS --
WE BELIEVE THAT EXCLUSION AS
IMPROPER I'M AND THAT IN FACT --
THE BENEFITS TO PUBLIC SAFETY I
REINTEGRATION CREDITS IT MAKES
NO SENSE TO DENY --
IT DIDN'T.
IT MAKES NO SENSE --
TO BASICALLY --
CARVE OUT FROM THAT PUBLIC
SAFETY PEOPLE HAVE BEEN
CONVICTED OF A SEX OFFENSE I'M
AGAIN THE WAY THAT THE EXCLUSION
IS WRITTEN IT WOULD APPLY TO
EVERYBODY WHO WAS EVER BEEN
CONVICTED OF A SEX OFFENSE.
SO THIS COULD HAVE HAPPENED
DECADES AGO MAY IN FACT NOT BE
THE REASON THAT THEY'RE ON
PAROLE TODAY.
AND FOR THOSE OF YOU WHO DON'T
KNOW WHEN IT COMES TO SEX
OFFENSES IN CALIFORNIA MANY OF
THEM ARE NON CONTACT NONVIOLENT
OFFENSES SO AGAIN THE BECAUSE OF
THE BROAD LANGUAGE IT WOULD
APPLY TO EVERYBODY --
WE HAVEN'T CURRENTLY MORE THAN
FIVE THOUSAND PEOPLE ON PAROLE
WHO HAVE BEEN CONVICTED OF A SEX
OFFENSE.
MORE THAN FIVE THOUSAND OKAY --
AND NONE OF THESE INDIVIDUALS OF
FOR THE REINTEGRATION CREDITS AS
I SAID SOME OF THEM HAVE IN FACT
BEEN CONVICTED OF A NON CONTACT
NON VIOLENT OFFENSE.
IN ADDITION THERE ARE WELL OVER
ONE HUNDRED AND FIVE THOUSAND
INDIVIDUALS WHO ARE CURRENTLY
REQUIRED TO REGISTER AND WHO ARE
NOT ON PAROLE BUT WHO ARE ONE
STEP AWAY.
FROM A CONVICTION NOT FOR
ANOTHER SEX OFFENSE BECAUSE
THEY'RE RE OFFENSE RATE FOR
SOMEBODY TO COME ANOTHER SEX
OFFENSE WHILE ON PAROLE IS LESS
THAN 1%.
AND THAT IS A STATISTIC FROM CDC
ARE IT'S NOT MY PERSONAL OPINION
IT'S NOT THE PERSONAL OPINION OF
THE ORGANIZATION THIS IS CD CDC
OUR STATISTICS.
ARE THE CURRENT OUR BILL
LANGUAGE ALSO WE BELIEVE WOULD
NOT SURVIVE JUDICIAL SCRUTINY --
ANTACID STAFF HAS --
STATED VERY WELL A PAGE SEVEN OF
THE COMMITTEE ANALYSIS --
THERE'S A PROBLEM WITH EQUAL
PROTECTION CLAUSE SO AND UNDER
THE EQUAL PROTECTION CLAUSE --
IT DEMANDS THAT LIKE THINGS BE
TREATED ALIKE SO IN THIS
SITUATION PEARL THEY SHOULD BE
TREATED ALIKE AND IT DOESN'T
MAKE ANY DIFFERENCE WHETHER OR
NOT THEY'VE BEEN CONVICTED OF A
SEX OFFENSE AGAIN.
I MIGHT HAVE HAPPENED FIFTY
YEARS AGO WE HAVE PEOPLE ONOUR
SEX OFFENDER REGISTRY WHO'S BEEN
THERE FOR MORE THAN FIFTY YEARS
I PERSONALLY AWARE OF SOME OF
THOSE INDIVIDUALS.
SO THE ALSO THE LAWS --
NGUYEN.
THINGS ONE LIKE THINGS ARE NOT
BEING TREATED ALIKE THE WAY THE
pIS THERE A RATIONAL BASIS THE
FACT IS THERE IS NO RATIONAL
BASIS FOR THIS DISTINCTION --
BECAUSE AS I SAID THE RATE OF RE
OFFENSE FOR A SEX OFFENDER IS
LOW ON PAROLE IS LESS THAN 1%
AGAIN A CDC ARE STATISTIC AND
NOT MY PERSONAL OPINION.
I'M IN ADDITION TO THE FACT THAT
WE DON'T BELIEVE THIS BILL WOULD
SURVIVE JUDICIAL SCRUTINY WE
ALSO BELIEVE THAT WOULD NOT
SURVIVE THE TEST OF TIME.
WHAT DO I MEAN BY THAT WELL LET
ME ASK YOU THIS WHAT IF THE
REINTEGRATION CREDITS WERE NOT
MAIL INVALUABLE?
TO AFRICAN AMERICANS JAPANESE
OKAY MAN.
I TODAY SUCH EXCLUSIONS WOULD BE
SHOCKING AND CERTAINLY NOT
SUPPORTED BUT HOW HOWEVER IN
ANOTHER YEAR THEY WOULD HAVE
BEEN CATERED CONSIDERED ACCEPTED.
ABOUT THE ACCEPTABLE AND SUPPORT
USED A FOUR MINUTE SO I'VE IN
THE STATE HAS TO FIND.
WE LEFT BARELY IN.
THIS.
ALL.
OKAY.
WELL I DID NOT FEEL FIVE MINUTES
FROM NEW HUNDRED DIFFERENT WAYS
YOU SAY IT OKAY.
WELL LET ME WRAP IT UP THEN I
DIDN'T KNOW THERE'S ANYBODY ALSO
SIR A LOT I HAVE THE FULL FIVE
MINUTES --
AND SO WHAT I'M ASKING YOU
MEMBERS OF THE COMMITTEE IS THIS
TO BE ON THE RIGHT SIDE OF
HISTORY TODAY BE A LEADER NOT A
FOLLOWER AND THAT IS TO IN FACT
OPPOSED.
AB TWO SEVEN SEVEN AS IT'S
CURRENTLY WRITTEN THANK YOU
THANK YOU.
THANK YOU MR CHAIRMAN MEMBERS --
LARRY MORSE ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION RESPECTFULLY
OPPOSING ASSEMBLYMAN CARTES AB.
TWO SEVENTY SEVEN THIS BILL IS
ESSENTIALLY THE SAME AS LAST
YEAR'S A. B. NINETEEN FORTY
WHICH CD EIGHT ALSO OPPOSED.
AS WITH THAT BILL AMONG OUR
CONCERNS WITH THE LACK OF
DISQUALIFIER IS IN THE BILL.
THE ONLY TYPE OF PAROLE THE
EXCLUDED FROM ELIGIBILITY FOR
THESE XCELERATED REINTEGRATION
CREDITS WOULD BE THOSE WERE
REGISTERED SEX OFFENDERS.
UNLESS CDC R. AND B. P. H.
DISQUALIFY CERTAIN PAROLEES
EVERY OTHER TYPE OF PAROLE LEE
IS ELIGIBLE FOR REINTEGRATION
CREDITS.
INCLUDING MURDERERS HUMAN
TRAFFICKERS AND SCORES OF OTHER
VIOLENT OFFENDERS.
AND EVEN IF SUCH REGULATIONS ARE
DRAFTED THERE WILL CERTAINLY BE.
EQUAL PROTECTION LAWSUITS FILED
ON BEHALF OF THOSE DISQUALIFIED
JUST AS HAS HAPPENED WITH THE
REGULATIONS AT CDC ARE WROTE FOR
PROP.
FIFTY SEVEN PAROLE THAT EXCLUDE
SEX REGISTRANTS.
CDA A BELIEVES AB.
TWO SEVENTY SEVEN IS BAD POLICY.
ALL THESE NEED A SIGNIFICANT
PERIOD OF SUPERVISED PAROLE IN
ORDER TO IMPROVE THEIR CHANCES
OF SUCCESS.
AND TO ASSURE THE LAW ABIDING
PUBLIC THAT THEY ARE IN FACT
REHABILITATED.
WE KNOW FROM THE RECENT STUDY BY
THE STATE AUDITOR BUT CDC OUR
REHABILITATION PROGRAMS ARE
DEEPLY FLAWED AND THE CDC OR IS
NOT.
SUCCESSFULLY REHABILITATING
PRISONERS.
IN ONE PORTION OF THE REPORT IT
STATES THAT IT DID NOT FIND
QUOTE AN OVERALL RELATIONSHIP
BETWEEN INMATES COMPLETING
COGNITIVE BEHAVIORAL THERAPY
REHABILITATION PROGRAMS.
AND THEY'RE READ RECIDIVISM
RATES END QUOTE.
YET THIS BILL OFFERS TWO MONTHS
A REINTERPRET IT REINTEGRATION
CREDIT TO A FELON ON PAROLE FOR
HAVING COMPLETED A COGNITIVE
BEHAVIORAL TREATMENT PROGRAM.
APPARENTLY THE VERY PROGRAM
FOUND INEFFECTIVE BY THE STATE
AUDITOR.
IN VIEW OF THE ALARMING
CONCLUSIONS OF THE AUDITOR'S
REPORT.
IT SEEMS BOTH COUNTER INTUITIVE
AND A DANGER TO PUBLIC SAFETY TO
PROPOSE ACCELERATING THE TIME IN
WHICH PAROLEES MAY BE RELEASED.
FROM THE ONLY MEANINGFUL
SUPERVISION SEE. TO ENSURE THAT
THEY ARE ON A PRODUCTIVE PATH.
OR OVER SHORTENING ANY PERIOD OF
SUPERVISION HERTZ CRIME VICTIMS.
LAST TIME ON SUPERVISION MEANS
THAT IT IS LESS LIKELY THAT A
CRIME VICTIM WILL EVER COLLECT
THE RESTITUTION THE DEFENDANT
OWES BECAUSE A DEFENDANT WHO IS
NOT UNDER ANY SUPERVISION.
HAS ZERO INCENTIVE TO PAY.
OF EVEN GREATER CONCERNS IT
MEANS THAT ANY CONDITIONS OF
SUPERVISION THE PROTECT VICTIMS.
SUCH AS RESTRAINING ORDERS WILL
NOT BE IN EFFECT AS LONG AS THEY
SHOULD BE.
WE ALL AGREE.
THE PAROLEES BEST CHANCE TO
AVOID BECOMING A RECIDIVISM
STATISTIC IS TO PARTICIPATE IN.
AND SUCCESSFULLY COMPLETE A
SPECIFIED AMOUNT OF EDUCATION
JOB TRAINING COUNSELING AND OR
SUBSTANCE ABUSE COUNSELING.
NO.
ONE IS MORE INVESTED IN CDA IN
SUCCESSFUL PAROLE.
AS PAROLE FAILURES CREATE MORE
CRIME.
AND MORE VICTIMS IN OUR COUNTIES
AND ONLY OVERCROWDING PROBLEMS.
WE ARE CONCERNED THE PROVISIONS
OF THIS BILL WILL CREATE MORE
FAILURES THAN SUCCESS AND FOR
THESE REASONS WE RESPECTFULLY
OPPOSE AB.
TWO SEVENTY SEVEN THANK YOU ANY
OTHER WITNESSES IN OPPOSITION
NAME IN OR CAN IS ATION YES YOUR
YOUR UP.
NAME AN ORGANIZATION.
JOINING DOCTOR ALLIGATOR TIRES
HAS PSYCHOLOGIST CDC ARE AND A
SO SO SEASON WITH EXCEL.
OPPOSES BILL BASED SOLELY ON THE
SEX OFFENDER.
THANK YOU.
YOUR MIND SACRAMENTO I PULLED
THIS BILL THANK YOU SIR.
ROGER ANY CUT BUSINESSMAN FROM
MODESTO OPPOSE THIS BILL FOR
ANGELES LEE BLOCKING ALL SEX
OFFENSES.
THANK YOU.
CHARLES LOPEZ GROVE I OPPOSE
THIS BILL THANK YOU.
FRIDAY GLEE SANTA CLARA COUNTY I
OPPOSE THIS BILL THANK YOU.
FRANKLIN OR CNET RIVERSIDE
COUNTY I OPPOSE THIS BILL THANK
YOU SIR.
MICHAEL MEADOW ANYA ELK GROVE
CALIFORNIA I OPPOSE THIS BILL
BASED ON THE SEXUAL.
OF THE LEAVING OUT THE SEXUAL
OFFENDERS AND I THINK THAT
SHOULD BE INCLUDED THANK YOU.
JERRY SACRAMENTO FAMILY SAFETY
FOUNDATION MOTHER AN ABUSE
SURVIVOR I CURRENTLY OPPOSE THIS
BILL WITH THE KERN EXCLUSIONS
THANK YOU.
IN AN INTERVIEW CAN EDUCATED
FROM SAN MATEO COUNTY I OPPOSE
THIS BILL TO TO THE EXCLUSION OF
SEX OFFENDERS THANK YOU.
ARE THERE ANY A WITNESS IN
OPPOSITION.
ANY QUESTIONS FROM COMMITTEE
MEMBERS.
MR QUIRK --
SO I UNDERSTAND THE POSITION OF
THE ALLIANCE FOR CONSTITUTIONAL
SEX OFFENSE LAWS.
AND I I WOULD EMBRACE IT HOWEVER
I MAY BE THE ONLY ONE WHO HAS TO
VOTE WHO WOULD.
AND FOR THAT REASON I SUPPORT
THE BILL AS IS BECAUSE AGAIN I'M
UNUSUAL --
YOU MENTION SEX ANY KIND OF A
SEX CRIME ON THE FLOOR OF THE
SENATE OR THE ASSEMBLY.
AND IT JUST DOESN'T.
DOESN'T GO ANYWHERE SO THAT'S
THE REASON AND I THINK THAT.
WE HAVE TO BE REALISTIC --
PERHAPS IF THIS PROGRAM IS
SUCCESS IF WE ACTUALLY GET IT
PASSED WHICH WILL STILL BE
DIFFICULT --
AND SIGNED.
WE CAN LOOK AT SEX OFFENDERS
LATER ON BUT RIGHT NOW --
I MIGHT BE THE ONLY ONE VOTING.
FOR SO THAT BEING SAID --
I KNOW THE DISTRICT ATTORNEYS
HAVE SOME CONCERNS --
MR --
MCCARTY --
PERHAPS YOU COULD TALK TO THEM
ABOUT THE COGNITIVE BEHAVIOR ARE
MENTIONED IN YOUR CLOTHES AS TO
WHETHER OR NOT YOU THINK THAT IS
APPROPRIATE BUT I THINK ALL THE
OTHER.
I AND I DON'T KNOW ABOUT YOU CAN
MENTION THAT YOUR CLOTHES AND IF
THERE ANY OTHER CONCERNS YOU
HAVE.
THAT THE DISTRICT ATTORNEY'S
REYES -- I
WILL THEN MOVED TO BAIL
[inaudible]
SEC.
HEY MISS.
BARKIN.
AT SOMEWHERE MCCARTY ONE POINT
OF CLARIFICATION IT'S MY READING
OF THE BILL THAT IT WOULD BE
TWELVE MONTHS BEFORE THEY WOULD
BE CONSIDERED FOR THESE CREDITS
IS THAT RIGHT.
OKAY AND I'M.
AND I WOULD JUST ECHO ASSEMBLY
MEMBER QUIRKS COMMENTS REGARDING
THE COGNITIVE BEHAVIORAL
TREATMENT WHEN I HEAR FROM THE
DISTRICT ATTORNEY'S OFFICE
DISTRICT ATTORNEYS IS THAT.
EDUCATION JOB TRAINING SUBSTANCE
ABUSE ALL HELP US REDUCE
RECIDIVISM I WANT TO THANK YOU
BECAUSE I THINK WE NEED TO BE
DOING.
DOING MORE TO HELP REDUCE
RECIDIVISM AND THAT'S WHAT IT'S
WORK THAT IS IMPORTANT IN OUR
CHAMBERS BUT TO THE EXTENT THAT
WERE INCLUDING CREDITS FOR
THINGS.
THEY DON'T REDUCE RECIDIVISM I
THINK WE SHOULD CONSIDER
AMENDING THE BILL MOVING FORWARD
SO THAT WERE FOCUSED ON THE
THINGS THAT ARE REALLY MAKING AN
IMPACT ON PEOPLE.
I'LL CALL ADDRESSED THE IN THE
END OF INDIAN.
IF ANY OTHER COMMENTS COMMITTEE
MEMBER.
YOU MAY CLOSE WITH MCCARTY YEAH
THANK YOU YOU KNOW WE'RE TRYING
TO THREAD THE NEEDLE HERE AND OF
COURSE --
ADDRESS THIS ISSUE I DO WANT TO
NOTE THAT WE HAVE HAD SOME
CHANGES IN THAT TO NINETY LAW
WITH THE TEARS AS FAR AS PEOPLE
WHO ARE REGISTERED SEX OFFENDERS
AND SO.
I I HEAR THE ARGUMENT WE'RE
CONTINUING TO TO THE VALUE WOULD
THAT LOOK AT THAT AND IF THIS
GETS OUT HERE GOES TO
APPROPRIATIONS WILL.
WILL LOOK AT AS WELL --
AS THE ISSUES THAT YOU RAISED
MISTER QUIRK AND UNISTAR CAN --
THOSE ARE THIS IS THAT IDENTICAL
BILL FROM LAST YEAR AND THOSE
ARE TWO ISSUES THAT WE WENT BACK
AND FORTH WITH SOME CONCERN
PARTY'S LAST YEAR AND SO WILL.
LOOK AT THAT THIS IS THE
STRONGEST VERSION TODAY WERE
STARTING THE PROCESS --
I DID WANT TO ALLOW MY WITNESS
TO ADDRESS THAT SPECIFIC ISSUE
THEM A VERY QUICKLY SO THE CVT
COGNITIVE THERAPY THAT WAS
REFERENCED ABOVE THE ASSOCIATION
ABOUT BEING EFFECTIVE IS
SPECIFICALLY IT.
INSIDE OF THE PRISON SYSTEM AND
HOW IT WAS CONDUCTED INSIDE THE
PRISON SYSTEM NOT TO HOW THIS
WOULD BE CONDUCTED CD.
C. B. T. AS EXTRAORDINARY AMOUNT
OF RESEARCH ABOUT THE
EFFECTIVENESS REDUCE RECIDIVISM --
POSSIBLY BETTER THAN ANYTHING
ELSE -- AND
IT'S VERY DIFFERENT FROM GOING
TO A C. B. T. CLASS WHEN YOU'RE
OUTSIDE VERSES IN THE CHAOTIC
SYSTEM OF INSIDE OF A PRISON.
THANK YU THAT'S A GOOD
EXPLANATION.
AND JUST AYE LASTLY IN CLOSING
THANK YOU FOR THAT FOR THE
CONSIDERATION IN MOTION THE
SECOND.
I THINK IF YOU ASK PEOPLE ABOUT
PAROLE DO THEY WANT PEOPLE AND
FOR ALL TO BE GOING TO COMMUNITY
COLLEGE TO BE GOING TO A PROGRAM
TO WORKING FOR A COMMUNITY
SERVICE ORG --
PROGRAM TO DOING VOLUNTEER WORK
THEY SAY YEAH.
AND IF YOU ASK PEARL AGENTS WITH
A RATHER HAVE THEIR PAROLEES
DOING THAT THEY WOULD JUMP UP
AND SAY YES OF COURSE I THINK
IT'S POWERFUL THEY'RE NOT HERE
OPPOSING THIS BILL TODAY BECAUSE
THEY REALIZE.
THAT THE MORE PEOPLE THAT ARE
OFFER PAROLE DOING THIS TYPE A
GOOD ACTIVITY THE MORE TIME THEY
CAN FOCUS ON THE PEOPLE THAT
NEED THE HELP AND SO THIS IS.
A SMART POLICY TO REWARD GOOD
BEHAVIOR LIKE WE DO INSIDE.
THE WALLS OF PRISON ON THE
OUTSIDE AS WELL AS MAKING SURE
WE FOR YOUR PART TIME FOR ALL
OUR PAROLE PERSONNEL TO DO THE
WORK YOU NEED TO DO SO WITH THAT
I ASK FOR YOUR VOTE THANK YOU.
THANK YOU AN AT AND AS SOMEONE.
WHO I DON'T KNOW FLOOR?
BLOODIED ON THE FLOOR TRYING TO
GET THE SEX OFFENDER REGISTRY
BECAUSE I WAS ASKED BY JACKIE
LACEY.
THE DISTRICT ATTORNEY OF LOS
ANGELES TO LOOK AT THAT TO TO
TEAR IT DO MORE WITH IT --
I KNOW HOW DIFFICULT IT IS TO
GET SOMETHING HAS A REFERENCE A
SEX OFFENDER --
OUT OF THIS HOUSE --
IT'S EXTREMELY DIFFICULT --
AND SO I COMMEND YOU FOR FOR FOR
FOR UNDERSTANDING AND COULD IT
IS DIFFICULT AND ALSO WOOD
MISTER QUIRK SAID ABOUT --
TRYING TO DO THINGS IN A PERFECT
PASSION AND THEN HAVE.
THE BILL DIE AND WE DON'T HELP
ANYONE.
I MEAN THAT'S THAT BOTHERS ME TO
NO END WE WE GET A LOT OF HAT --
WITH OUR SPONSORS AND THEN
ADVOCATES OUT THERE IN BRAWL
WELL MEANING BUT SOMETIMES YOU
JUST GOT TO GET SOMETHING DONE
TO HELP.
AS MANY PEOPLE AS POSSIBLE WHICH
IS WHAT THIS DONE.
AND IN LASTLY --
I WANT TO SET THE RECORD
STRAIGHT.
AS THE ASSEMBLY MEMBER WHO ASKED
FOR THE AUDIT.
OF CDC OUR PROGRAMS LET'S MAKE
IT VERY CLEAR.
THE PURPOSE OF IT WAS ONE TO
FIND OUT OF CDC ARE.
COULD QUANTIFY HOW EFFECTIVE IT
IS.
DAY THEIR PROGRAMS ARE.
ONE MAYBE THE PROS ARE HAFTER
PROGRAMS DIDN'T HAVE A MECHANISM
TO TO DETERMINE WHETHER NOT THEY
WERE EFFECTIVE OR NOT AND THOSE
ARE ONCE THEY KIND OF SLAM.
BUT THE COGNITIVE BEHAVIOR IN
SOME OF THEY GOT HIGH MARKS ON
STILL NEEDS SOME WORK TO DO TO
BE ABLE TO SHOW THEIR
EFFECTIVENESS AND THAT WAS A
REAL PURPOSE.
OF THE AUDIT NOT TO SLAM CDC ARE
NOT.
TO SAY THAT THEY DON'T DO IT
CORRECTLY.
BUT AS WE MOVE FORWARD TO FIND
OUT WHICH PROGRAMS ACTUALLY WORK
AND WHICH ONES WE NEED TO
IMPROVE.
ME SAY THAT ONE MORE TIME.
IT WAS TO FIND OUT WHICH
PROGRAMS WORKED SO WE CAN
CONTINUE THOSE AND THEN WHICH
ONES NEEDED IMPROVEMENT SO WE
CONTINUE CONTINUE THOSE.
AND IF THERE WAS SOME THAT AFTER
ADDITIONAL RESOURCES AND MONEY.
THAT THEY DIDN'T WORK WE WOULD
LET THEM GO BY THE WAYSIDE AND
SO THIS THE WHOLE CONCEPT OF
REHABILITATION WE WANT TO MAKE
SURE THAT IS THE BEST NOT ONLY
CALIFORNIA BUT BEST IN THE
COUNTRY AND HOPE FOR THE BEST IN
THE WORLD.
THAT WAS THE PURPOSE OF THE
AUDIT NOT TO SLAM CDC ARE.
AND AND TO MOVE FORWARD THERE
WILL BE HUNDREDS OF MILLIONS OF
DOLLARS BE POURED INTO
REHABILITATION THIS IS WHY THIS
IS SO IMPORTANT.
BECAUSE THE REHABILITATION
PROGRAMS WILL IMPROVE AND CDC
ARC.
AND WE NEED TO BE ABLE TO
ADDRESS ALL THE CONCERNS.
EVEN PEOPLE WHO ARE IN STAN --
THEY HAVE A SPECIAL TREATMENT
THAT THEY NEED THAT'S DIFFERENT
FROM A REGULAR INMATE AND WE
NEED TO ADDRESS THAT ALSO
BECAUSE THAT'S WHY WHEN THEY
LEAVE THEY HAVE A DIFFERENT
PROBATION.
THEY CAN'T THEY CAN'T LIVE
ANYWHERE THEY WANT THERE'S JUST
DIFFERENT AND SO WE NEED TO TAKE
THAT ALL IN CONSIDERATION AS MR
QUIRK SAID IF WE MOVE FOR WITH
SOMETHING ELSE.
WE NEED TO TAKE ALL OF THAT IN
CONSIDERATION SO THAT WE CAN GET
IT PASSED.
NOT ONLY IN THIS ASSEMBLY THE
SENATE AND ULTIMATELY TO GET THE
GOVERNOR TO SIGN SO THE CHURCH
RECOMMEND AND I VOTE.
ON EIGHTY TWO SEVEN SEVEN BY
MCCARTY THE MOTION IS TO PASS TO
THE APPROPRIATIONS COMMITTEE
JONES SAWYER HI JOHN SIR I
LACKEY.
LACKEY NO BARRICADE HAN.
BAUER-KAHAN I DEEP.
HI.
DEEP I KAMLAGER-DOVE.
KAMLAGER-DOVE I QUIRK.
QUIRK I SAN DIEGO SAN DIEGO I
WEEKS FIVE WEEKS I THAT MEASURE
PASSES
--
JERRY JONES SAWYER YOU MAY BEGIN
I'LL MAKE A MOTION TO MOVE THE
RESOLUTION THANK YOU NOW GO
QUICKLY.
AND NOT TALK PASSED THE S. OKAY.
GOOD MORNING MEMBERS ASSEMBLY
JOINT RESOLUTION FIVE URGES THE
FEDERAL GOVERNMENT TO USE
CALIFORNIA IS A MODEL FOR
REASONABLE.
FIRE ARM SAFETY AS WE WORK TO
PASS NATIONWIDE FIREARM SAFETY
REGULATION.
DATA PROVIDED BY THE CENTER FOR
DISEASE CONTROL AND PREVENTION
SHOWS CALIFORNIA HAD SOME OF THE
WORST GUN HOMICIDES AND GUN
DEATH RATES TWENTY FIVE YEARS
AGO.
IN COMPARISON THE REST OF THE
NATION CALIFORNIA RANKED THIRD
IN GUN HOMICIDES AND SIXTEENTH
AND GUN DEATHS IN THE EARLY
NINETEEN NINETIES BUT BY TWENTY
SIXTEEN APPROVED TO TWENTY FIFTH.
AND GUN HOMICIDES.
PER CAPITA WITH EIGHTH LOWEST
RATE OF GUN RELATED DEATHS
NATIONWIDE CALVET CALIFORNIA'S
MADE AN EFFORT TO IMPROVE ITS
GUN VIOLENCE STATISTICS TO
MULTIPLE COMMON SENSE FIREARMS
LEGISLATION.
WHILE SOME MIGHT ARGUE THIS
RESOLUTION IS NOT NEEDED LET ME
POINT OUT.
POINT THEM TO AN FBI STUDY THAT
FOUND 75% OF PARENTS USE IN A
MASS YOU JUDY WERE PURCHASED IT
LEGALLY.
THIS IS WHY AJ ARE FIVE IS
NEEDED TO LET FEDERAL GOVERNMENT
NO IT IS IN THE BEST INTEREST OF
THE PUBLIC THAT THIS NATION
ADDRESSES IS GUN VIOLENCE BY
CREATING.
UNIVERSAL GUN.
SPIRAL I'M SAFETY STANDARDS THAT
ARE STRONG AND SENSIBLE
STANDARDS LIKE CALIFORNIA'S GUN
VIOLENCE COST THE AMERICAN
TAXPAYER ROUGHLY TWO HUNDRED AND
TWENTY NINE BILLION DOLLARS A
YEAR AND DIRECT INDIRECT COSTS
WHICH IS ROUGHLY ABOUT SEVEN
HUNDRED DOLLARS PER AMERICAN.
CONTINUE TO SUBJECT OUR
COMMUNITY SAID THE PAIN THE
PROVEN WAY REDUCING GUN VIOLENCE
THIS RESOLUTION MAKES IT CLEAR
THE FEDERAL GOVERNMENT NEEDS TO
TAKE ACTION BY CREATING STRONGER.
FIREARM SAFETY STANDARDS BEFORE
THE NEXT MASS SHOOTING HAPPENS
FOR THIS REASON I RESPECTFULLY
ASK FOR AN AYE VOTE HERE TO
TESTIFY AS AMANDA WILCOX.
FROM DO YOU CHANGE YOUR NAME
AGAIN CALIFORNIA BRADY UNITED
AGAINST GUN VIOLENCE.
AND DANNY CAN DO [inaudible]
CANADA [inaudible]
KAISER.
CANDOR SHE GET HYPHENATED NAMES
CAN THE KAISER FROM GIFFORD'S
LAW CENTER TO PREVENT GUN
VIOLENCE.
UGH GOOD MORNING STILL MOURNING --
YES AMANDA WILCOX FROM.
BRADY HEALTH BRADY CALIFORNIA.
GUN VIOLENCE DOESN'T ROLL OFF MY
TONGUE YET --
IN NINETEEN EIGHTY NINE THE
SCHOOLYARD SHOOTING HAPPENED AT
CLEVELAND ELEMENTARY SCHOOL IN
STOCKTON CALIFORNIA.
AND UNLIKE WHAT WE'VE BEEN
SEEING AT ON THE NATIONAL LEVEL.
THE STATE OF CALIFORNIA TOOK
ACTION IN A BIPARTISAN WAY.
AND CALIFORNIA PASSED THE FIRST
SINCE BàN WE IN ACTIVE
UNIVERSAL BACKGROUND CHECKS.
ARE A TEN DAY WAITING PERIOD
LATER ARE.
AND A NUMBER OF THE POLICIES ARE
MENTIONED IN THE RESOLUTION THAT
MY PREDECESSORS OR I PERSONALLY
WORKED ON CALIFORNIA --
AS YOU HEARD WAS DID NOT RANK
VERY WELL AMONG --
THE NATION IN TERMS OF GUN
DEATHS IN FARM DEATH RATE IN
CALIFORNIA.
IT TAKES A FEW YEARS FOR OUR
LAWS TO BE IMPACT --
IMPLEMENTED INTO START REALIZING
THE BENEFITS.
BUT WE WENT FROM HIGH IN
NINETEEN NINETY THREE TO WHERE
WE ARE NOW.
WITH THEIR GUN DEATH RATE A DROP
OF 55%.
THAT'S ALMOST FOUR TIMES GREATER
THAN THE DROPPING FIREARM DEATHS
FROM THE REST OF THE NATION SO I
CONTEND THAT OUR GUN LAWS ARE
WORKING --
WE ARE DOING A BETTER JOB OF
KEEPING GUNS OUT OF DANGER
STANDS AND I WOULD LIKE TO
MENTION THAT OUR GUN SALES IN
RECENT YEARS HAVE BEEN A RECORD
HIGH WE'RE NOT STOPPING LAW
ABIDING CITIZENS FROM PURCHASING
GUNS.
BUT WE'RE DOING A BETTER GUN OUT
OF THOSE ARE BETTER JOB KEEPING
GUNS OUT OF THE HANDS OF THOSE --
WHO ARE AT RISK OF FEW TRACKS
COME VIOLENCE?
I WOULD HOPE THAT OUR NATION
WOULD FOLLOW CALIFORNIA'S LEAD
ON THIS UP WE'VE COURSE ARE
IMPACTED BY WEEK GUN LAWS IN THE
REST OF THE NATION GUNS DO NOT
NECESSARILY STOP AT STATE
BORDERS --
MY TWO SONS LIVE IN COLORADO I
HAVE FAMILY MEMBERS MICHIGAN.
PENNSYLVANIA NEW JERSEY HOLLOW
OVER AND I SO THANK YOU FOR
MAKING THIS STATEMENT THAT ARE
CALIFORNIA IS TAKING THE LEAD
AND WE WANT THE NATION THE
FOLLOWING THEY NEED TO ACT.
WE SUPPORT THIS RESOLUTION.
GOOD MORNING DANIEL KENDO KAISER
ON BEHALF OF GIVE FOR ITS LAW
CENTER IN IT TO PREVENT GUN
VIOLENCE WE TOO ARE IN STRONG
SUPPORT OF THE RESOLUTION --
TO ADD TO THE CHAIRMAN'S.
STATISTICS THAT HE STATED --
CALIFORNIANS ARE NOW 21% LESS
LIKELY TO BE MURDERED WITH A GUN.
33% LESS LIKELY TO DIE IN AN
ACCIDENTAL SHOOTING AND 45% LESS
LIKELY TO DIE --
FROM A FIRE ARM RELATED SUICIDE.
WE SINCERELY HOPE THAT MEMBERS
OF THE COMMITTEE WILL VOTE TO
SUPPORT THIS RESOLUTION AND SEND
THE MESSAGE TO THE FEDERAL LAW
MAKERS.
THAT MUCH CAN BE LEARNED FROM
CALIFORNIA'S.
SUCCESSES THANK YOU.
ANY OTHER WITNESSES IN SUPPORT.
BACK BAY AREA STUDENT ACTIVISTS
IN SUPPORT.
THANK YOU I JIM LIMBURG ON
BEHALF OF THE FRIENDS COMMITTEE
ON LEGISLATION CALIFORNIA ALSO
IN SUPPORT.
THANK YOU WITNESSES OPPOSITION
[inaudible]
THEY BEGIN.
MR CHAIRMAN MEMBERS AND CHAIRMAN --
CHAMP READ AS REPRESENTING
GUNNERS CALIFORNIANS AND I
ACTUALLY HAD.
TO WRITE THIS ONE DOWN TO MAKE
SURE I AM IN OUR OUR POINTS --
WE WE OPPOSE A G. R. FIVE FOR
THE SAME REASON THAT --
WE OPPOSED A BIASED AND
POLITICIZED RESEARCH.
OFTEN IT'S ANOTHER NEITHER
FACTUAL OR SINCERE IN ITS
JUSTIFICATION CALIFORNIA HAS.
A G. R. FIVE NOTES HAS SOME OF
THE MOST EXTENSIVE AN INTRUSIVE
GUN CONTROL LAWS IN THE COUNTRY.
AND YET THOSE LAWS OF FAILED TO
PREVENT MASS MURDERS AND ACTS OF
TERRORISM COMMITTED BY EVIL
PEOPLE ASKING CONGRESS TO USE.
THE EXAMPLE OF CALIFORNIA GUN
LAWS AS A TEMPLATE FOR FEDERAL
LAWS WOULD GUARANTEE THE SAME
FAILURES ON A NATIONWIDE BASIS.
A JUROR FIVE DECLARES THAT THE
RATE OF GUN YEARS AT A RATE
FASTER THAN THE REST OF THE
COUNTRY.
AND ATTRIBUTES THAT TO GUN
CONTROL LAWS THE RESOLUTION
FAILS TO ACKNOWLEDGE THE CRIME
RATES BEGAN TO DROP.
WHEN CALIFORNIA INSTITUTED
STRONG PENALTIES FOR VIOLENT
CRIMES WITH LONGER SENTENCES NO
ONE DISPUTES THAT A SMALL
PERCENTAGE OF THE POPULATION?
ACCOUNT FOR MOST OF THE GUN
DEBTS IN THE STATE.
AFTER SUICIDE.
AND IT STANDS TO REASON THAT IF
YOU INCARCERATE THOSE WHO HAVE
COMMITTED VIOLENT CRIMES AND
KEEP THEM OFF THE STREETS.
THE VIOLENT CRIME WILL GO DOWN
IN RECENT YEARS CALIFORNIA HAS
UNFORTUNATELY RIZ REVERSED THAT
TREND OVER THE LAST TWO YEARS.
AND IS NOW REDUCING --
PENALTIES AND AND SENSES EVEN
FOR VIOLENT OFFENDERS WHO USE A
GUN TO COMMIT THEIR CRIMES NOT
SURPRISINGLY.
THE SAME CENTER FOR DISEASE
CONTROL REPORT QUOTED IN THE
RESOLUTION STATES THAT CRIMINAL
GUN DEBTS.
ARE ON THE RISE IN THE LAST TWO
YEARS HERE IN THE STATE OF
CALIFORNIA.
A SINCE THE LEGISLATURE
IMPLEMENTED EARLY RELEASE --
TYPE POLICIES SO IT'S FOR THESE
IN AN AND OTHER REASONS THAT WE
RESPECTFULLY OPPOSES THIS
RESEARCH --
A MEMBERS OF THE COMMITTEE FOR
THE RECORD AND RE WITH NATIONAL
RIGHT SO SEE XIN IN OPPOSITION --
I BROUGHT.
OUR CALIFORNIA GUN LAWS BOOK
HERE THIS WAS DRAFTED BUYER
ATTORNEYS IT'S OVER SIX HUNDRED
PAGES.
AND IT DOESN'T COVER EVERYTHING
BEING A GUN --
AND I GET CALLS AND I KNOW MY
COLLEAGUES HERE GET CALLS EVERY
WEEK. FOR PEOPLE WHO ARE
CONFUSED ON HOW TO COMPLY WITH
THE LAW THEY WANT TO COMPLY WITH
THE LAW.
AND THERE ARE TIMES WHERE I GET
PEOPLE THAT CALL ME WHO HAVE
SOMETHING THAT THEY MAY HAVE
LEARNED LEGALLY PURCHASE IN THE
STATE AT ONE TIME.
THAT'S NOW NO LONGER LEGAL AND
THERE THEY MIGHT BE FACING
CHARGES ARE THEY INADVERTENTLY
VIOLATED SOMETHING THAT'S REALLY
A NON VIOLENT ACT JUST BECAUSE
OF THIS JUST.
ONCE A LOT OF OF SO MANY LAWS ON
ON HOW YOU CAN CARRY HOW TO
STORE --
WHAT TO PURCHASE WHO YOU CAN
LONG TO WHO YOU CAN'T ACCEPT OR
ECCENTRIC CETERA?
AND I THINK THAT THE PENALTIES
REALLY SHOULD BE FOCUSED ON THE
CRIMINALS AND AND THESE ALSO
JUST SO ONEROUS ON THE LAW
ABIDING.
AND MEANWHILE WE HAVE THIS ACT
PROGRAM THAT HAS TEN THOUSAND
PLUS KNOWN PROHIBITED PERSONS ON
THERE.
THAT WE'RE JUST NOT DOING A
GREAT JOB OF CLEARING THE
BACKLOG AND SO I DON'T THINK THE
CALIFORNIA'S THE MODEL ON THAT I
THINK WE NEED TO GET TOUGHER ON
THOSE PROHIBITED PERSONS AND
THOUGHT WHEN OPPOSITION THANK
YOU.
MISTER CHAIRMAN ROY GRIFFIS
SPEAKING ON BEHALF THE
CALIFORNIA RIFLE ANDPISTOL
ASSOCIATION WERE ALSO IN STRONG
OPPOSITION TO THIS MARKET REPEAT
MY COLLEAGUES ALREADY SAID BUT
ONE THING THAT REALLY ANGERS ME
MANY OF YOU KNOW MY BACKGROUND
THIRTY TWO YEARS IN LAW
ENFORCEMENT POOR I TOOK THIS
POSITION.
KILLING CRIMINALS UNDERSTAND IS
TOUGH PENALTIE AND WHO WE ARE
MAKING MORE LAWS AGAINST LAW
ABIDING WHILE THE SAME.
COMMITTEE HERE ROLLED OUT SENATE
BILL SIX TWENTY A COUPLE YEARS
AGO WHICH JUST ROLLS BACK THE
FOLKS THAT CHOOSE IN THEIR MIND.
TO USE A FARM THE COMMISSION OF
A OF A CRIME AND WE'RE MAKE I'M
WE HAD ONE MORE BREAKING THE LAW
ABIDING WON'T WON'T FOR THOSE
REASONS.
WE OPPOSE THIS MEASURE CHAIRMAN
THANK YOU.
ANY OTHER WITNESSES IN
OPPOSITION.
MEMBERS ON DíAS.
WORKS I'LL BE SUPPORTING THE
BILL -- AND
REGARDING THE COMMENTS ABOUT HOW
DIFFICULT IT IS FOR LAW ABIDING
GUN OWNERS.
TO AND USE GUNS YOU KNOW MY
DAD'S A HUNTER.
HE GREW UP HUNTING I GREW UP IN
HUNTING FAMILY HE'S NOT A LAWYER
HE SOME AUS FIGURED OUT HOW TO
OWN GUNS LEGALLY DOES JUST FINE
SO I THINK MOST FOLKS.
CAN FIGURE IT OUT I THINK THIS
IS AN IMPORTANT MESSAGE THAT WE
HAVE TO SEND TO WASHINGTON DC --
THAT WE NEED STRICTER GUN BOUNCE
PREVENTION MEASURES TO PROTECT
OUR CITIZENS --
I THINK IT'S INCREDIBLY TIMELY
GIVEN THE FACT THAT HR EIGHT
JUST PASSED --
IN THE HOUSE WITHIN THE LAST
COUPLE WEEKS I WAS THE FIRST
TIME AND IT PASSED WITH
BIPARTISAN SUPPORT BY THE WAY
REPUBLICANS WERE ON THAT BILL.
IT WAS THE FIRST TIME WE'VE
ACTUALLY TAKEN SOME PROACTIVE
MEASURES AT FEDERALLY --
YOU KNOW AFTER TWENTY TWENTY
LITTLE KIDS FIVE YEAR OLDS WERE
KILLED --
DECEMBER OF TWO THOUSAND AND
TWELVE WE DIDN'T ACT AS A
COUNTRY AND HOW MANY MORE DUST
WE NEED TO HAVE BEFORE WE
ACTUALLY TAKE ACTION --
SO I THINK --
THIS BILL IS IMPORTANT I HOPE IT
SENDS A MESSAGE TO THE U. S.
SENATE HOPE WILL BE VOTING ON
THE BACKGROUND CHECKS BILL SOON.
THAT WE HAVE TO ACT AND WE HAVE
TO ACT NOW TO PROTECT FOLKS IN
OUR COMMUNITIES FROM GUNS AND TO
KEEP THEM OUT OF THE WRONG HANDS
SO I WILL PROBABLY SUPPORT THIS
AND THANK YOU FOR BRINGING THIS
UP.
THANK YOU.
YES --
MEMBER QUIRK --
I'M ALSO SUPPORTER --
I DO WORRY SOMETIMES THOUGH THAT
WE CAN GO TOO FAR IN THE US --
OBVIOUSLY I WAS CONCERNED ABOUT
MISTER TING SPELL A FEW WEEKS
AGO I JUST FELT IT WAS TOO BROAD
IN TERMS OF WHO COULD --
ASKED TO HAVE THE GUNS REMOVED
FROM SOMEONE'S POSSESSION.
WE'VE DONE A WHOLE LOT AS SHOWN
BY THE SIZE OF THAT BOOK.
IT WOULD BE GOOD TO SIMPLIFY
SOME OF THESE THINGS I MEAN.
THE GOVERNOR BROWN WAS SO WE
SAYING THAT.
YOU KNOW THE THE CODE ON WHO
SHOULD BE PUNISHED FOR WHAT DID
SORT OF GONE FROM THIS BIG TO
THAT MAY PROBABLY BIGGER THAN
THAT [inaudible]
AND I DO THINK WE HAVE TO BE
CAREFUL ABOUT --
WHEN WE LOOK SINCE WE'VE DONE SO
MUCH ARE READY WE HAVE TO BE
CAREFUL ABOUT WHAT WE LOOK AT IN
THE FUTURE?
AND PERHAPS WE CAN FIND SOME WAY
TO SIMPLIFY THE RULES WE HAVE
NOW THANK YOU.
ANY OTHER MEMBERS.
OKAY SHE CAN CLOSER THANK YOU
AND AND JUST LET ME MAKE IT
CLEAR THAT THE PURPOSE --
OF THIS HA ARE --
WAS SEEKING KNOWLEDGE TO TO WORK
WE'VE DONE.
IN THE WORK THAT WE'VE DONE IN
THIS COMMITTEE THE WORK TO BE
DONE IN THE LEGISLATURE.
AND NOT TO ADD MORE LOS.
BUT DID LEAST LOOK AT THE ONES
WE'VE ALREADY IMPLEMENTED
[inaudible]
AND SAY.
FEDERAL GOVERNMENT TAKE A LOOK
AT THESE THE ONES THAT YOU THINK
YOU CAN PASS YOU CAN USE.
HIS A TEMPLATE.
I'LL BE IT COULD BE A BIG
TEMPLATE BUT HERE'S A TEMPLATE
FOR OUR RIGHT NOW THEY'RE DOING
NOTHING.
IN CONGRESS.
ON A NATIONAL LEVEL AND THIS IS
TO SAY YOU DON'T HAVE TO
REINVENT THE WHEEL WE'LL.
CALIFORNIA HAS ALREADY STARTED
THE PROCESS AND SO YOU CAN
CHERRY PICK WHICH ONE YOU WANT.
BUT AT LEAST TAKE A LOOK AT WHAT
WE'RE DOING HERE IN CALIFORNIA
AND THEN.
MOVE FOR WITH THE LOSS YOU THINK
THE MOST APPROPRIATE NATION WHY.
THANK YOU THANK YOU.
YES READY CALL FOR THE QUESTION.
ON AG ARE FIVE THE MOTION IS TO
BE ADOPTED JONES SAWYER.
HI JIM SIR I LACKEY.
LACKEY NO BARRICADE HAND PARA
QUE HANNAH I DEEP.
KAMLAGER-DOVE KAMLAGER-DOVE HI
QUIRK.
QUIRK I SAN DIEGO SAN DIEGO I
WICKS I WICKS I MEASURE PASSES
THANK YOU MISTER [inaudible]
AND YES.
ITEM NUMBER ONE WAS PULLED BY
AUTHOR ITEM NUMBER TWO AB ONE
THIRTY FIVE SANTIAGO SANTIAGO I
ITEM.
FOR WITH ON CONSENT.
ITEM FIVE WAS PULLED.
ITEM FIVE WITH DISPENSED WITH.
ITEM SIX AB TWO NINETY FOUR
SANTIAGO SANTIAGO I I DON'T
NUMBER SEVEN WAS ON CONSENT.
ITEM NUMBER EIGHT WAS PULLED.
I THE NUMBER NINE HAS BEEN
DISPENSED WITH.
ITEM NUMBER TEN WAS PULLED.
ITEM NUMBER ELEVEN HAVE BEEN
DISPENSED WITH.
ITEM NUMBER TWELVE WAS ON
CONSENT.
AT A NUMBER THIRTEEN WAS ON
CONSENT.
ITEM NUMBER FOURTEEN HAS BEEN
DISPENSED WITH [inaudible]
MR.
I I THINK MISTER I DON'T KNOW IF
WE CAN I'D THEY THINK MR
SANTIAGO WANTED TO ADD ON TO SHE
GETS IT OKAY.
I WOULD ASK OKAY IT'S NOT A
CONTROVERSIAL THING SO.
WE WE'VE MARKED AS DEFENSE
THINGS YEAH.
OKAY.
THAT IS NO FOR THE BUSINESSES.
COMMITTEE STANDS ADJOURNED.
THE DOCTOR GOT THE BANK ISN'T