GOOD. MORNING. WELCOME TO THE
ASSEMBLY PUBLIC SAFETY
COMMITTEE. BEFORE WE BEGIN. ALL
WITNESSES WILL BE IN PERSON.
THERE WILL BE NO PHONE TESTIMONY
OPTION FOR THIS HEARING. YOU CAN
FIND INFORMATION ON THE
COMMITTEE'S WEBSITE, UH AT
ASSEMBLY DOT C, A THAT GOV BACKS
LAST COMMITTEES. I GUESS WE HAVE
TO BEGIN WITH THE SUBCOMMITTEE.
UM BUT I THINK I CAN TELL THOSE
OFF OFF CALENDAR THE FOLLOWING
BILLS. UM ITEM NUMBER FOUR. A. B
5 TO 3 VINCE FOUND WITH THE FULL
BODY AUTHOR. ITEM NUMBER SIX A B
642. TILTING CALLED BY THE
AUTHOR. ITEM NUMBER SEVEN A. B
667 MAIENSCHEIN PULLED BY THE
AUTHOR. ITEM NUMBER 9 89 77
RODRIGUEZ PULL BUDDY AUTHOR.
ITEM NUMBER 12 A B 10 47
MAIENSCHEIN PULLED BY THE
AUTHOR. SO WE WILL BEGIN AS A
SUBCOMMITTEE BECAUSE WE HAVE
QUITE A FEW TO GO THROUGH. AND
THE FIRST ON THE AGENDA IT BILL
NUMBER 10 34 AND ITEM NUMBER 11
WILSON MAY TAKE A SEAT.
SO WE DO THESE IN IN, UH SIGN IN
ORDER. SO ALL THE FRESHMAN
BECAUSE YOU MAKE SURE YOU SIGN
IN AT THE DEATH. OTHERWISE
YOU'LL BE WAITING HERE REALLY,
REALLY LONG TIME. WHENEVER
YOU'RE READY, MISS WILSON. I'M
SO GOOD AT READING. MAKE SURE
YOUR NAME ACCIDENTALLY READ IT.
JUST GIVE ME ONE SECOND. I CAN'T
SEE YOU HAVE TO GET YOUR PENS.
OKAY? THANK YOU. ALRIGHTY. GOOD
MORNING. GOOD MORNING CHAIR
MEMBERS. I AM PLEASED TO PRESENT
A B 10 30 FOR THE FREEDOM FROM
FACE SURVEILLANCE ACT WOULD
PROHIBIT A LAW ENFORCEMENT
AGENCY OR OFFICER FROM
INSTALLING, ACTIVATING OR USING
ANY BIOMETRIC SURVEILLANCE
SYSTEM AND CONNECTION WITH AN
OFFICER, CAMERA OR DATA
COLLECTED BY AN OFFICER FOR 10
YEARS. POLICE BODY CAMERAS WERE
INTENDED TO GUARD AGAINST
POLICEMEN CONDUCT. NOT TO GRANT
POLICE OFFICERS THE POWER TO
IDENTIFY AND TRACK US WHENEVER
WE'RE IN PUBLIC, ADDING FACE
RECOGNITION TECHNOLOGY TO BODY
CAMERAS WOULD TRANSFORM A DEVICE
MEANT FOR ACCOUNTABILITY AND TO
A POWERFUL MASS SURVEILLANCE
NETWORK THAT WOULD EXACERBATE
RACIAL PROFILING AND A ROAD. OUR
CIVIL RIGHTS. FOR THREE YEARS
NOW AND NOW EXPIRED STATE LAW
PROHIBITING BODY CAMERA FACE
SURVEILLANCE SUCCESSFULLY HELPED
PREVENT THE MISIDENTIFICATION
AND WRONGFUL IMPRISONMENT OF
CALIFORNIANS SAFEGUARD OUR
FREEDOM OF SPEECH IMPEDED
CREATION OF DANGEROUS BIOMETRIC
DATABASE AND PROTECTED OUR
PRIVACY. A B 10 34 WOULD RESTORE
THESE CRITICAL PROTECTIONS. WHY
DOES THAT MATTER? I PUT BEFORE
YOU EACH OF YOU THIS SHEET. AND
IT NOTES AT THE TOP. THIS
DOCUMENT IS NOT A POSITIVE
IDENTIFICATION. IT DOESN'T
INVESTIGATIVE LEAD ONLY, AND
IT'S NOT PROBABLE CAUSE TO
ARREST. FURTHER INVESTIGATION IS
NEEDED TO DEVELOP PROBABLE CAUSE
TO ARREST. THEY HAVE A BLOWN UP
VERSION OF THIS PICTURE. THIS IS
THE PICTURE THAT THEY USED AND
IT'S NOTED THERE ON HERE. THIS
IS THE PICTURE. OF A MAN. WHO
WAS ARRESTED IN HIS HOME IN
FRONT OF HIS CHILDREN. NOT
FOLLOWING WHAT THE DOCUMENT
SAID. AND WAS HELD FOR OVER 30
HOURS IN PRISON, EVEN GIVEN THAT
THE DOCUMENT SAID THAT IT WAS
NOT SUPPOSED TO LEAD TO ARREST
AND HE WAS ACTUALLY ON HIS WAY
HOME FROM WORK DURING THE TIME
AND A 40 HOUR COMMUTE. SORRY, 40
MINUTE COMMUTE. THAT IS WHAT
HAPPENED IN 2019. AND SO THAT'S
WHY THIS BAN AS SO IMPORTANT. WE
NEED TO DO ALL THAT WE CAN TO
AVOID WORSENING RACIAL
DISPARITIES AND POLICING,
REPRESSING FREEDOM OF SPEECH,
UNDERMINING THE RIGHT TO PROTEST
AND VIOLATING OUR PRIVACY. WITH
ME TODAY. IS CARMEN NICOLE COX
FROM A C L U AND CHILD JUNE LIN
FROM THE ELECTRONIC FRONTIER.
FOUNDATION. THANK YOU. GOOD
MORNING. GOOD MORNING. MY NAME
IS CARMEN NICOLE COX. I'M
DIRECTOR OF GOVERNMENT AFFAIRS
FOR A C L U CALIFORNIA ACTION
AND I AM HEARING PROUD SUPPORT
AND AS A CO SPONSOR OF HB 10 34.
FACIAL RECOGNITION TECHNOLOGY
HAS NO PLACE ON BODY CAMERAS.
BODY CAMERAS WERE INTENDED TO
GUARD INITIALLY AND PRIMARILY
AGAINST POLICE MISCONDUCT, NOT
AS A SURVEILLANCE SYSTEM. FOR
THE POLICE TO IDENTIFY AND TRACK
CALIFORNIANS. MAYBE 10 34 WILL
PREVENT FLAWED FACE AND BODY
TRACKING SYSTEMS FROM BEING USED
AGAINST CALIFORNIANS. FEDERAL
RESEARCH HAS SHOWN US THAT
FACIAL RECOGNITION SOFTWARE IS
INACCURATE AND BIASED,
GENERATING UP TO 100 TIMES MORE
FALSE POSITIVES FOR WOMEN AND
PEOPLE OF COLOR. RESEARCH ALSO
SHOWS THAT THE SKEWED AND
CONSTANT MOVEMENT INHERENT AND
BODY CAMERA FOOTAGE RAISES THE
RISK OF THESE FALSE POSITIVES.
THIS IS A PROBLEM IN ANY CONTEXT
, BUT IT'S ESPECIALLY FRAUGHT IF
ADDED TO THE THOUSANDS OF BODY
CAMS IN THE FIELD. I THINK ABOUT
MY LITTLE BROTHER AND I WORRY
ABOUT HIM BEING STOPPED
WRONGFULLY IDENTIFIED AS SOMEONE
WITH A VIOLENT RECORD AND
BECAUSE OF THE WRONGFUL I D. THE
POLICE DRAW THEIR WEAPONS.
PEOPLE WHO LOOK LIKE MY BROTHER
OR ME. ARE STILL 2 TO 3 TIMES
MORE LIKELY TO BE KILLED BY
POLICE THAN WHITE PEOPLE, AND
MANY OF THESE KILLINGS OCCUR
DURING DAY TO DAY INTERACTIONS,
WITH POLICE, ADDING FACE
SURVEILLANCE TO BODY CAMERAS
RISK INCREASING THESE DANGEROUS
INTERACTIONS, PUTTING PEOPLE
LIKE MY BROTHER AT EVEN GREATER
RISK, ADDING FACE SCANNING TO
BODY CAMERAS WOULD ALSO
FACILITATE THE CREATION OF
DATABASES OF IMMIGRANT FACES.
DATABASES THAT ICE HAS ALREADY
DEMANDED ACCESS TO IN OTHER
STATES. ALL CALIFORNIANS SHOULD
BE WORRIED ABOUT FACIAL
RECOGNITION ON BODY CAMERAS. BUT
THE RISKS ARE PARTICULARLY ACUTE
IN COMMUNITIES WHERE POLICE
MISCONDUCT REGULARLY THREATENS
THE SAFETY OF BLACK PEOPLE,
LATINOS AND IMMIGRANTS. THIS
BILL RAN STATES PROTECTIONS OF
CIVIL RIGHTS FOR THESE
COMMUNITIES AND ALL CALIFORNIANS
. MAYBE 10 34 BRINGS BACK AN
ESSENTIAL CIVIL RIGHTS LAW THAT
PROTECTED CALIFORNIANS UNTIL
THIS JANUARY. FOR NEARLY THREE
YEARS. EXISTING LAW SUCCESSFULLY
PREVENTED THE HARMS OF BODY
CAMERA FACE SURVEILLANCE BY
PROTECTING PRIVACY, SAFEGUARDING
OUR FREEDOM OF SPEECH, HELPING
PREVENT MISIDENTIFICATION AND
WRONGFUL IMPRISONMENT OF
CALIFORNIA'S HELPING IN THE
CREATION OF VULNERABLE BIOMETRIC
DATABASES. THESE IMPORTANT
PROTECTION SUNSET AT THE
BEGINNING OF THIS YEAR. MAYBE 10
34 WOULD BRING THEM BACK. I
RESPECTFULLY ASK THAT THE
COMMITTEE VOTE I TODAY. THANK
YOU. THANK YOU. MAYBE WE CAN
GOOD MORNING. MY NAME IS CHARLES
LIU ON BEHALF OF THE ELECTRONIC
FRONTIER FOUNDATION. WE SUPPORT
MAYBE 10 34, WHICH WOULD BAN
FACE RECOGNITION TECHNOLOGY AND
BODY CAMPS BECAUSE LAW
ENFORCEMENT CANNOT USE THIS
TECHNOLOGY WITHOUT ERODING
FUNDAMENTAL RIGHTS AND WORSENING
RACIAL DISPARITIES IN POLICING.
WE ALL DESERVE A LEVEL ANONYMITY
IN OUR DAILY LIVES AND CIVIC
EXPRESSION. FACE RECOGNITION
TECHNOLOGY AND BODY COUNTS MAKES
IT SO ANYTIME SOMEONE WALKS BY
POLICE OFFICER THEY COULD BE
RECORDED AND IDENTIFIED WITHOUT
REASON AND WITHOUT EVEN KNOWING
IT. IT'S YOU, YOUR FRIENDS, YOUR
LOVED ONES, YOUR CHILDREN. ARE
YOU OKAY WITH THAT? IN DAILY
LIFE. THIS IS UNSETTLING, LET
ALONE THEIR SENSITIVE PLACES
LIKE HOUSES OF WORSHIP OR
HEALTHCARE FACILITIES FOR
ABORTION ACCESS. FACE
RECOGNITION CHILLS OUR ABILITY
TO MOVE AND SPEAK FREELY AND
ANONYMOUSLY. SECOND FACE
RECOGNITION IS NOTORIOUSLY
INACCURATE, AS CARMEN NOTED,
EVEN WHEN GIVEN A CLEAR IMAGE,
THERE ARE 100 TIMES MORE FALSE
POSITIVE FOR WOMEN AND PEOPLE OF
COLOR. FACES LIKE YOURS AND
MINE. THIS IS ALREADY LEAD TO
WRONGFUL ARRESTS AND SHOULD
TECHNOLOGY BE DEPLOYED. IT WILL
ONLY LEAD TO MORE WRONGFUL
ARREST AND TRAGEDIES. AND THIRD
EVEN IF IT WERE 100% ACCURATE
100% OF THE TIME. FACE
RECOGNITION CANNOT AND WILL NOT
SOLVE THE PROBLEM OF RACIALIZED
POLICING IN AMERICA. THE
TECHNOLOGY WILL ONLY PERPETUATE
OVER POLICING RACIAL PROFILING,
PUTTING BLACK AND BROWN FACES
AND TWO DATABASES AND ULTIMATELY
, THE INCARCERATION OF PEOPLE OF
COLOR. A BAN ON THE USE OF FACE
RECOGNITION. TECHNOLOGY IS THE
ONLY PRINCIPLE PATH THIS
COMMITTEE CAN TAKE TO PROTECT
THE RIGHTS OF CALIFORNIANS. AND
THE SAFETY ALREADY MARGINALIZED
COMMUNITIES. I RESPECTFULLY AS A
COMMUNITY TO VOTE. AYE ON MAYBE
10 30 FOR TODAY. THANK YOU.
THANK YOU. ARE THERE ANY OTHERS
IN FAVOR? 10 34 NAME AND
ORGANIZATION, PLEASE. COME ON.
YES GOOD MORNING. TRACY
ROSENBERG, SPEAKING ON BEHALF OF
OAKLAND PRIVACY IN STRONG
SUPPORT OF MAYBE 10 34. DANICA
ROAD, ARMEL ON BEHALF OF THE SAN
FRANCISCO PUBLIC DEFENDER AND
SUPPORT. NORMA ROSCOE WITH THE
L. A BAKER CENTER AND SUPPORT.
LIKE A CREAMER MATTER. I'VE BEEN
ASKED TO SPEAK IN SUPPORT FOR
MEDIA, JUSTICE, SECURE JUSTICE
AND THE SAN FRANCISCO PUBLIC
DEFENDERS. RACIAL JUSTICE
COMMITTEE. THANK YOU. THANK YOU.
MORNING MR CHAIR ARMAND
FELICIANO ON BEHALF OF ASIAN LAW
CAUCUS AND SUPPORT. THANK YOU.
LESLIE CALDWELL, HOUSTON FOR THE
CALIFORNIA PUBLIC DEFENDER'S
OFFICE. AND ASSOCIATION IN
SUPPORT. THANK YOU. I AM ALI
RUSTIC ARE FROM THE BAY AREA.
CALIFORNIA I'M WITHIN CO
JUSTICE, A YOUTH LED
ORGANIZATION FIGHTING FOR CIVIL
RIGHTS AND ACCOUNTABILITY UNDER
A I AND I SUPPORT THANK YOU. MR
WILSON, IF YOU JUST EXCUSE US
FOR A MINUTE, WILL ESTABLISH A
QUORUM AND THEN GET RIGHT BACK.
UH TODAY WE HAVE
ASSEMBLYMEMBER'S COREY JACKSON,
WHO WILL BE SUBSTITUTING FOR
ASSEMBLYMEMBER'S LIZ OR TAKEN.
JOHN SAWYER HERE. ELONIS BONTA
HERE, BRIAN LACKEY, JACKSON
SANTIAGO. ZIPPER. QUARANTINE
PRESENT. THANK YOU. WELL, NOW DO
THE MICHAEL CONSENT CALENDAR.
ITEM NUMBER ONE A. B. 44 RAMOS
PEACE OFFICERS, TRIBAL POLICE.
ITEM NUMBER THREE, MAYBE FOUR.
58 JOAN SAWYER. PEACE OFFICERS.
I DON'T NUMBER 5 85 6 17
CRIMINAL RECORDS RELIEF. I DON'T
NUMBER 16 A B 11 18 CHOLERA
CRIMINAL JEFF CRIMINAL PROCEDURE
DISCRIMINATION NUMBER 17 A B 11
49 GRACEN HUMAN TRAFFICKING ACT
CALIFORNIA MULTIDISCIPLINARY
ALLIANCE TO STOP TRAFFICKING.
CALIFORNIA MAST. I DON'T
REMEMBER. 18 A B 11 77 KENNER.
PAROLE HEARING RECORDS ITEM
NUMBER 20 A B 12 26 ANY
CORRECTION REPLACEMENT OF
INCARCERATED PERSONS. AND LAST.
I DON'T NUMBER 23 A B 13 51
HANEY CORONERS AND MEDICAL
EXAMINERS REPORTING DRUG
OVERDOSE DEATHS AND. YOUR MOTION
TO APPROVE THE CONSENT.
SECONDED. CALL THE ROLL. JOHN
SAWYER. SAWYER I ELONIS FELONIES
BONTA WANT I BRIAN LACKEY. LUCKY
I. JACKSON JACKSON EYES
SANTIAGO. ZIPPER. CONSENT
CALORIES ADOPTED WILL NOW GO TO
WITNESSES AND OPPOSITION. ARE
THERE ANY WITNESSES AND
OPPOSITION?
HI. WELCOME. THANK YOU. MR CHAIR
MEMBERS BRANDED. I'M GOING TO
MAKE THIS VERY BRIEF ON BEHALF
OF THE LOS ANGELES COUNTY
SHERIFF IN OPPOSITION AND WE'RE
HOSTING THE OLYMPICS. IT'S GOING
TO BE HERE BEFORE WE KNOW IT
2028 ENFORCEMENT NEEDS,
ESPECIALLY DOWN IN LOS ANGELES
COUNTY. WE NEED EVERY TOOL
AVAILABLE OR DISPOSAL. TO
PROTECT THE PROBABLY CLOSE TO A
MILLION PEOPLE, PEOPLE THAT WILL
BE COMING TO LOS ANGELES COUNTY.
SO RESPECTFULLY ASK FOR YOUR NO
VOTE ON 10 34. THANK YOU. THANK
YOU. OR ANY OTHER WITNESSES AND
OPPOSITION. ANY OTHER WITNESSES
IN OPPOSITION. WE'LL BRING IT
BACK TO COMMITTEE MEMBERS FOR
ANY QUESTIONS, COMMENTS OR
CONCERNS. YEAH. GOOD MORNING. SO
THE GENTLEMAN WHO WAS
UNFORTUNATELY ARRESTED AND SPENT
TIME IN PRISON. DO WE KNOW WHAT
HAPPENED WITH THAT CASE
AFTERWARDS? FOR HIM? IT WAS
DROPPED. HE WASN'T THE
PERPETRATOR OF THE CRIME. HE DID
HE DID HE DO ANY LEGAL ACTION ON
THE DEPARTMENT OR ANYTHING LIKE
THAT? I'M NOT SURE WE HOPE TO BE
ABLE TO HAVE HIS TESTIMONY HERE
TODAY. WE ARE NOT ABLE TO DO TO
HIS SCHEDULE, BUT HE WILL BE. IF
WE GET OUT OF THIS COMMITTEE, HE
WILL BE AH, HERE IN SACRAMENTO
SHORTLY TO PROVIDE TESTIMONY AND
ANOTHER COMMITTEE. OKAY? AND,
UH, MA'AM. YOU MENTIONED HOW THE
BODY CAMERAS WERE TO HELP.
BASICALLY MONITOR THE
PERFORMANCE OF POLICE OFFICERS.
I IT'S ALSO MY OPINION THAT IT'S
ALSO TO BASICALLY CAPTURE WHAT
HAPPENED IN THAT MOMENT AND,
UNFORTUNATELY, YES. BODY CAMERAS
DO GET FACES THAT COME AROUND OR
IN CONTACT WITH THEM. AH THIS IS
AN INVESTIGATIVE TOOL. THIS THIS
ACTUALLY RIGHT HERE IS ACTUALLY
A SENT POLICE SENSITIVE PIECE OF
PAPERWORK THAT USUALLY ONLY
DEPARTMENTS ARE ALLOWED TO HAVE.
AND, UH, AGAIN, AS IT DOES SAY,
WE DON'T NEED PROBABLE CAUSE AND
THAT'S THAT'S SOMETHING THAT
AGENCY SHOULD HAVE BEEN DOING. I
KNOW SOMETHING THAT MY AGENCY
DEFINITELY WOULD BE DOING
BECAUSE WE WOULD HAVE TO FIND
OUT EVERYTHING THAT GOES ON WITH
THAT. BUT I GET THE POINT THAT
YOU GUYS ARE BRINGING UP BUT DO
WE KNOW EXACTLY HOW MANY PEOPLE
HAVE ACTUALLY BEEN MISIDENTIFIED
IS WHAT I'M WONDERING. I KNOW
YOU SAID HUNDREDS OF PEOPLE. BUT
DO WE ACTUALLY HAVE A NUMBER?
PEOPLE. EXACT QUESTION FOR ME.
YES WE ARE AWARE RIGHT NOW OF
FIVE PEOPLE. BLACK MEN
SPECIFICALLY, I'M NOT. WE ARE,
OF COURSE OF THE BELIEF THAT ONE
WRONGFUL MISIDENTIFICATION
APPREHENSION DETENTION SET OF
CHARGES PROSECUTION NO MATTER
THE OUTCOME IS TRAUMATIC. IT IS
PROBLEMATIC. IT IS AN INVASION
OF PRIVACY. IT IS AN ABUSE AND
MISUSE OF GOVERNMENT RESOURCES.
AND OF COURSE IT IS FOR BLACK
MEN, ESPECIALLY IT IS FRAUGHT
WITH TENSION AND THE RISK OF
POLICE VIOLENCE FROM WHICH
PEOPLE DON'T COME BACK FROM.
OKAY SO HOW MANY PEOPLE ARE
ACTUALLY IDENTIFIED THAT WERE
ACTUALLY CAPTURED THAT WERE
PERPETRATORS THAT WE'RE
MURDERERS, RAPISTS. KIDNAPPERS
MISSING PERSONS MISSING PEOPLE.
HOW MANY OF THOSE DO WE KNOW OF
. THOSE THAT TESTIMONY IS
CONSPICUOUSLY ABSENT HERE TODAY
, WHICH WE WOULD HAVE EXPECTED,
IF ANY TO BE HERE IN OPPOSITION.
OKAY WELL, I WOULD LIKE TO KNOW
WHO WHO AND HOW MANY. IT'S
ACTUALLY HELP BECAUSE AGAIN,
THIS IS AN INVESTIGATIVE TOOL
AND AS THE OPPOSITION DID BRING
UP THAT WILL BE HOSTING THE
OLYMPICS AND THAT THAT WILL BE
HELPING AS WELL. YEAH.
ASSEMBLYMEMBER'S HONEST IF I CAN
SPEAK TO WHAT YOU JUST STATED,
UM, IT IS AN ACCOUNTABILITY
TOOL. IS WHAT IT WAS INTENDED
FOR. AND THROUGH THAT
ACCOUNTABILITY TO INVESTIGATIONS
CAN HAPPEN. IT WAS NOT INTENDED
WHEN BODY CAMERAS WERE ASKED
WHICH THE MOST LAW ENFORCEMENT
FOUGHT, GETTING BOUGHT OF BODY
WORN CAMERAS BECAUSE THEY DIDN'T
WANT, UM THE ABILITY TO BE HELD
ACCOUNTABLE TO THOSE ACTIONS.
THEY SAW A BENEFIT EVENTUALLY
THAT IT ALSO COULD CLEAR THEM OF
WRONGDOING IN A PARTICULAR
SITUATION, AND NOW THEY'RE
TAKING IT ONE STEP FORWARD TO
USE IT. ONE STEP FORWARD TWO USE
IT AS A SURVEILLANCE TOOL, WHICH
WAS NEVER INTENDED PURPOSE, AS
WAS NOTED FROM BOTH OF THE
TESTIFIER XYZ THAT THERE SHOULD
BE A LEVEL OF ANONYMITY WHEN
YOU'RE IN PUBLIC. AND IT
SHOULDN'T BE ASSUMED THAT YOU
WILL BE SURVEILLED. AND THEN IF
THE SURVEILLANCE TECHNIQUE THE
RESOURCE OR TOOL THAT YOU'RE
USING, MISS IDENTIFIES PEOPLE
THAT IS EVEN MORE PROBLEMATIC.
AND AS WAS NOTED, YES. YOU KNOW
L A IS GETTING READY TO HOST THE
OLYMPICS AND EVERY SINGLE PERSON
IN OUR COUNTRY IS EXCITED ABOUT
THAT. WE ALL GET EXCITED ABOUT
THE OLYMPICS BECAUSE AMERICA
ALWAYS DOES WELL AND SHOWS WELL
AND, YES, TOOLS SHOULD BE
AVAILABLE TO ALLOW US TO KEEP UM
, AMERICAN SAFE AND THOSE
VISITING OUR COUNTRY SAFE. BUT
AT THE SAME TIME, NOT EVERY TOOL
IS A GOOD TOOL, AND WE HAVE TO
HAVE SAFEGUARDS AROUND EVERY
SINGLE TOUR THAT WE USE AND
OUTSIDE OF ONE MAJOR INCIDENT,
UM AND THE OLYMPICS IN THE U. S
WE HAVE MANAGED TO HAVE SAFE
GAMES HERE IN OUR COUNTRY AND IN
OTHER COUNTRIES WITHOUT HAVING
MASSIVE SURVEILLANCE TOOLS, SO I
THINK WE'RE USING THE OLYMPICS.
UM AND THE FACT THAT WE WANT TO
KEEP MURDERERS AND RAPISTS ALL
THOSE OFF THE STREETS. WE DO
THAT. BUT THERE ARE OTHER TOOLS
THAT ALLOW US TO USE THAT
WITHOUT GIVING UP OUR RIGHTS AND
FREEDOMS OF JUST REGULAR
CITIZENS THAT ARE NOT DOING THE
WRONG THING AND SHOW SOMETIMES
WHEN IT COMES TO AN
INVESTIGATIVE TOOL. YOU WANT TO
ENSURE THAT YOU'RE NOT CASTING
TOO BROAD OF A NET. THAT THAT'S
REGULAR AMERICANS THAT ARE JUST
LEAVING THEIR HOME GOING TO WORK
GO INTO PLACES OF WORSHIP, GOING
TO THEIR ECONOMIC CENTERS OR
RETAIL OR RECREATION CENTERS.
NOT HAVING THEM GET CAUGHT UP IN
THE SYSTEM, AND THIS ALLOWS US
TO HAVING THIS MORATORIUM. ORBAN
ALLOWS US TO BE SAFE, UM AND
TELL THE PROPER SAFEGUARDS IN
PLACE AND POTENTIALLY, UM,
ADDITIONAL LEGISLATION
SURROUNDING, UM WHAT DOES IT
MEAN TO BE SURVEILLED AND
TODAY'S SOCIETY WITH THE SYSTEMS
WITH THE TOOL? AND RESOURCES
THAT ARE AVAILABLE TO US. CATCH
YOU. SO I KNOW THE MWC DID WANT
BODY CAMERAS IN THE BEGINNING OF
THIS, AND LAW ENFORCEMENT DID
FIGHT IT. AND FROM WHAT I HAVE
FOUND IN MY CAREER, THAT IT IT
WAS HELPING I AS A SERGEANT, I
HAD MANY OF MY INTERNAL AFFAIRS
INVESTIGATIONS CLEARED ONCE THE
PERSON WHO CAME IN MAKING THE
COMPLAINT ACTUALLY SAW THE VIDEO
AND SAW THAT FOR THE MOST PART,
THEY WERE IN THE WRONG WHEN THEY
CAME TO MAKE THOSE COMPLAINTS.
AND SO, FROM WHAT I UNDERSTAND
THE OTHER MWC DOES NOT WANT THE
CAMERAS NOW BECAUSE IT IS
SHOWING JUST THE OPPOSITE OF
WHAT THEY THOUGHT IT WAS GOING
TO DO. BUT I DON'T THINK TAKING
AND GETTING RID OF THIS TOOL
COMPLETELY IS HELPING. I DO
AGREE THAT THERE NEEDS TO BE
SOME, UH, SOME KIND OF RULES OR
POLICIES ON THAT THAT NEEDS TO
STRICT THAT. BUT TAKING AWAY
THIS TOOL IS A TERRIBLE IDEA
WITH TECHNOLOGY THE WAY IT IS.
WE HAVE CARS THAT ARE DOING
SURVEILLANCE THAT ARE CONSTANTLY
I SEE THINGS ON YOUTUBE OF
CRASHES THAT HAVE HAPPENED.
THOSE PEOPLE WERE RECORDED AND
YEAH, THEY WERE OUT IN PUBLIC.
YOU'RE A T M'S ARE RECORDING
YOU. WE HAVE CAMERAS UP ON ON
OUR HOUSES. WE HAVE CAMERAS AT
THE BANKS AT THE ATMS. CAMERAS
ARE EVERYWHERE NOW, PRETTY MUCH.
EVERYBODY SHOULD ASSUME THAT
THEY'RE BEING VIDEOED WERE BEING
VIDEOED RIGHT NOW AS I SPEAK, SO
THOSE ARE THINGS THAT SHOULD
COME UP AS WELL. BUT I THINK
GETTING RID OF THIS TOOL WOULD
BE A WRONG THING TO DO WOULD BE
GOING IN THE WRONG DIRECTION AND
I'LL LEAVE IT AT THAT. AND I
CAN'T SUPPORT THIS. I'M SORRY,
UNDERSTOOD, UNDERSTOOD ANY OTHER
QUESTIONS? MR. LIKE I DON'T
REALLY HAVE A QUESTION. I JUST
HAVE A COMMENT THAT YOU KNOW,
PERFECTION COULD BE THE ENEMY
TOO GOOD, AND THERE'S A LOT MORE
GOOD. THAT COMES FROM,
ESPECIALLY FROM THE PUBLIC
SAFETY ASPECT. THIS IS THE
PUBLIC SAFETY COMMITTEE. AND WE
SHOULD BE LOOKING ON. AH THE
BALANCE BETWEEN THE CHALLENGE
ASSOCIATED WITH THIS TECHNOLOGY
AND WITH THE GOOD THAT IT
ACCOMPLISHES AND I THINK THERE'S
QUITE AN IMBALANCE AND I DO
THINK THAT THE POINTS OF
MISTAKEN IDENTITY NEED TO BE
TAKEN VERY SERIOUSLY. BUT IN THE
SAME RIGHT, THAT DOESN'T MEAN
YOU ELIMINATE THE TECHNOLOGY. IT
MEANS YOU PERFECTED AND YOU WORK
WITH THE TECHNOLOGY BECAUSE OF
SO MUCH GOOD THAT IS
ACCOMPLISHED THAT WAS JUST
SHARED BY UH, MY GOOD FRIEND
THERE TO MY RIGHT. I WOULD JUST
TELL YOU THAT THIS WOULD BE
SHAMEFUL IF WE, UH FOLLOW THE
COURSE OF THIS PARTICULAR
PROPOSAL AND I HOPE THAT WE GET
SMARTER ON HOW WE AMEND THIS. I
CAN'T SUPPORT THIS PATH. THANK
YOU. THANK YOU. WHAT ELSE? OKAY?
DID YOU, MR BRYANT? YOU MAY
CLOSE. THANK YOU. I WOULD JUST
LIKE TO NOTE THAT MICHAEL'S
FIRST THANK YOU TO, UM, THE
CHAIR AND THE MEMBERS FOR
LISTENING AND HEARING THIS BILL
AND THE LIVELY DISCUSSION, UM,
WITH SOME MEMBERS OF THE
COMMITTEE, I APPRECIATE THAT,
AND THAT IS PART OF THE
DEMOCRACY, THE DEMOCRATIC
PROCESS. I APPRECIATE MY, UM THE
VOTES I BROUGHT IN TESTIMONY WHO
SHARED THEIR POINTS OF VIEW AS
WELL AS THOSE WHO ARE IN SUPPORT
AND OPPOSITION OF THIS BILL. I
JUST LIKE TO NOTE THAT THERE IS
A DISTINCT DIFFERENCE BETWEEN
BEING RECORDED AND BEING
SURVEILLED AND PUBLIC SAFETY IS
NOT ONLY KEEPING US SAFE FROM
CRIME, BUT ALSO KEEPING US SAFE
FROM GOVERNMENT ABUSE THAT I
RESPECTFULLY ASK FOR YOUR VOTE.
OKAY THANK YOU. THIS IS AN
IMPORTANT TOPIC. UM I WAS SHOWN
THE SURVEILLANCE UM AT THE
COLISEUM USING DRONES, AND I
THOUGHT AT THAT TIME THAT IT WAS
REALLY IMPORTANT. THEY HAVE THIS
TECHNOLOGY SINCE THE OLYMPICS IS
COMING. AND LARGE PORTION WILL
BE IN MY DISTRICT AT THE
COLISEUM. I COULD SEE THE
BENEFITS OF IT. THEN A LITTLE
WHILE LATER, UM BACKED WITH MR
TING. THERE WAS SOME WORK DONE
BY THE HULU, WHICH SHOWED SOME
FACIAL RECOGNITION, WHICH
DESCRIBED ME AS A CRIMINAL. AND
SEVERAL OTHER MEMBERS OF THE
ASSEMBLY. AH! WE DIDN'T HAVE
HEARINGS THAT BILL. WELL, WE
DIDN'T HAVE HEARINGS IN THE
MORATORIUM. WE DIDN'T HAVE
HEARINGS ON IT. AND IN THIS ROOM
THERE WAS A LOT ENFORCEMENT
OFFICERS SITTING WITH THE A C L
U IS SITTING THERE. AND I
MENTIONED THAT AND THAT LAW
PERSON OFFICER TOLD ME I THINK
MR LACKEY WILL REMEMBER THAT I
WAS WRONG. THAT NEVER HAPPENED.
AND FOR THE FIRST TIME AS A
BLACK MAN, I REALIZED HOW
DEVASTATING IT IS FOR LAW
ENFORCEMENT TO ACCUSE YOU OF
SOMETHING THAT YOU DID NOT DO.
HE BASICALLY CALLED ME A LIAR.
IN THIS COMMITTEE. TO MY FACE.
EVERYBODY IN THE ROOM. UM I'M
GETTING A LITTLE UPSET NOW, BUT
I WAS VERY UPSET. THEN I THINK
EVEN ONE OF THE MEMBERS HERE
TRIED TO TELL THEM THAT HE WAS
MISTAKEN THAT THAT DID IN FACT,
HAPPEN. THE FACT THAT ONE PERSON
COULD BE MISIDENTIFIED. AND
BROUGHT INTO THE CRIMINAL
JUSTICE SYSTEM. IT'S JUST ONE
PERSON TOO MANY. WE SHOULD NOT
BE. WILLY NILLY WITH THIS IDEA
THAT, YOU KNOW YEAH, WE CAPTURED
A WHOLE LOT OF CRIMINALS, BUT WE
PUT A FEW PEOPLE IN JAIL BY
ACCIDENT. LET'S SIT DOWN AND
FIGURE OUT HOW TO PERFECT THIS
TECHNOLOGY. I THINK THIS
TECHNOLOGY COULD BE VERY
EFFECTIVE ONCE IT'S PERFECTED,
AND I THINK EVEN THE AUTHOR SHE
MAY NOT SAY IN PUBLIC, BUT I
THINK SHE WOULD AGREE WITH ME.
PART OF THE DISCUSSION WE REALLY
SHOULD BE HAVING IS. HOW DO WE
PERFECT THIS OR HOW DO WE PUT
SAFEGUARDS TO ENSURE THAT IF
SOMEONE IS MISIDENTIFIED, IT
DOESN'T GET TO A POINT WHERE
THEY END UP IN PRISON OR IN
JAIL. AND SO UNTIL WE GET TO
THAT CHAIRS RECOMMENDED I VOTE.
UM I'M PRETTY SURE THAT THE
OTHER DISCUSSIONS ON HOW WE CAN
WE CAN MOVE FORWARD WITH THIS,
BUT I WANT TO MAKE SURE YOU
UNDERSTAND THE CONTEXT OF WHAT
WE'RE REALLY TRYING TO DO.
HOPEFULLY WE REALLY TRYING TO
MAKE SURE THAT THIS TECHNOLOGY
ULTIMATELY IS PERFECTED IN THE
WAY WE'RE INNOCENT PEOPLE. DON'T
END UP ON THE WRONG SIDE OF THE
CRIMINAL JUSTICE SYSTEM LIKE I
WAS WITH THAT? IS THERE A MOTION
SOME OF. MAYBE 10 34 BY OSAMA
MEMBER WILSON. THE MOTION IS DUE
PASS TO THE PRIVACY AND CONSUMER
PROTECTION COMMITTEE. JOHN
SAWYER. I ELONIS. BONTA I BRIAN
, BRIAN, I LACKEY NO JACKSON
JACKSON. I SANTIAGO. SUBURB
ZIPPER I, THAT MEASURE PASSES.
THANK YOU. WOW. MR PATTERSON IS
GONNA LET MR PART SILVER GO
NEXT. QUIRK-SILVA. BILL NUMBER A
B 455 ITEM NUMBER TWO.
WHENEVER YOU'RE READY. GOOD
MORNING, MR CHAIR AND MEMBERS
AND IT IS A GOOD MORNING. THE
LITTLE RAIN HERE FIRST. WE'D
LIKE TO THANK YOUR COMMITTEE AND
CONSULTANT FOR WORKING WITH US.
AND UH, THIS BILL, WE KNOW THAT
THERE'S BEEN SEVERAL VARIATIONS
. WE WILL CONTINUE TO WORK WITH
YOUR OFFICE ON A B FOUR FOR 84
55 AND ACCEPT THE COMMITTEE
AMENDMENTS AND 2018, CALIFORNIA
PENAL CODE. 1036 ESTABLISHED THE
STATE'S MENTAL HEALTH DIVERSION
PROGRAM. MENTAL HEALTH DIVERSION
ALLOWS INDIVIDUALS WITH
DIAGNOSED MENTAL HEALTH
DISORDERS TO PARTICIPATE IN A
MENTAL HEALTH TREATMENT PROGRAM
FOR UP TO TWO YEARS IN LIEU OF
CRIMINAL PROSECUTION. CALIFORNIA
HAS LONG IMPOSED GUN
RESTRICTIONS ON INDIVIDUALS
CONVICTED OF FELONIES AND
CERTAIN MISDEMEANOR CRIMES. I
WANT TO BE VERY CLEAR. I
UNDERSTAND THE VAST NUMBER OF
PEOPLE WHO SUFFER FROM MENTAL
ILLNESS DO NOT ACT OUT VIOLENTLY
OR COMMIT CRIMES. EXCUSE ME.
COULD YOU CLOSE THE DOOR,
PLEASE? SORRY ABOUT THAT.
HOWEVER INDIVIDUALS WHO HAVE
BEEN CHARGED WITH A SPECIFIED
CRIMINAL OFFENSES AND CHOOSE TO
PARTICIPATE IN A MENTAL HEALTH
DIVERSION PROGRAM SHOULD ADHERE
TO GUN RESTRICTIONS WELL IN THE
PROGRAM. WITH US TODAY WE HAVE
MY JOINT AUTHOR, NEW ASSEMBLY
MEMBER DIANE POPPEN. GOOD
MORNING, MR CHAIR AND MEMBERS. I
WANT TO ECHO THE COMMENTS OF, UM
ASSEMBLYMEMBER'S QUIRK-SILVA.
OUR STATE HAS A HISTORY OF
PROTECTING INDIVIDUALS WHO MAYBE
A DANGER TO THEMSELVES OR OTHERS
BY PLACING FIREARM RESTRICTIONS
ON SUCH INDIVIDUALS WHO HAVE
CONVICTED HAVE BEEN CONVICTED OF
SERIOUS CRIMES. A BEFORE 55 IS
STRAIGHTFORWARD AND NARROW IN
ITS SCOPE. AS MOST DIVERSION
PROGRAMS ALREADY PROHIBIT
PARTICIPANTS FROM POSSESSING
FIREARMS UNTIL SUCCESSFUL
COMPLETION. 84 55 IS A STEP
TOWARDS PARITY AMONG
RESTRICTIONS IMPOSED DURING
DIVERSION PROGRAMS, AND I LOOK
FORWARD TO CONTINUING TO WORK
WITH YOU AND YOUR STAFF ON THIS
MEASURE WITH ME TODAY, I'M VERY
HONORED TO HAVE THE DISTRICT
ATTORNEY FROM MY COUNTY, STEVE
WAGSTAFFE WAGSTAFF TO TESTIFY
AND SUPPORTED THE BILL. WELCOME
STEVE. THANK YOU, MR CHAIRMAN.
GOOD MORNING, GOOD MORNING TO
MEMBERS OF THE COMMITTEE. I AM
STEVE WAGSTAFFE. I'M THE
DISTRICT ATTORNEY OF SAN MATEO
COUNTY IS JUST NOTED. I HAVE
BEEN A PROSECUTOR FOR 46 YEARS,
ALL IN SAN MATEO COUNTY. AND
DURING AND I SHOULD START, OF
COURSE, BY SAYING THAT I SUPPORT
THE BILL AS PROPOSED AMENDED.
AND URGED THE COMMITTEE TO DO
SO. DURING THOSE 46 YEARS I HAVE
SEEN ON ENDING VIOLENCE WITH
FIREARMS. JUST UNENDING. I HAVE
SPENT SO MUCH TIME WITH FAMILIES
OF VICTIMS WHO HAVE SUFFERED I
NEVER THOUGHT MASS SHOOTINGS
WOULD BE AN ISSUE IN MY COUNTY,
AND IN JANUARY IT WAS IN HALF
MOON BAY OR SEVEN PEOPLE WERE
GUNNED DOWN AND MY OFFICE IS NOW
PROSECUTING THAT CASE. IT JUST
ENHANCED. MY FEELING ABOUT THE
NEED TO TAKE WHATEVER STEPS WE
CAN TO DO WHAT AMERICA WANTS.
WHICH WE GOT REMINDED ABOUT
AGAIN YESTERDAY ABOUT THE
SHOOTING IN NASHVILLE. THAT WAS
VERY PERSONAL TO ME. SOON AS I
HEARD IT. I IMMEDIATELY GOT ON
THE PHONE BECAUSE MY SON,
DAUGHTER IN LAW AND SIX AND
THREE YEAR OLD GRANDDAUGHTERS
LIVE IN NASHVILLE. AND I WAS
WORRIED. COULD IT HAVE BEEN THEM
SO 2500 MILES I HAD FEAR GRIPPED
ME. THAT HAPPENS CONSTANTLY.
9000 OVER 9700 PEOPLE AND THIS
COUNTRY HAVE BEEN KILLED WITH
GUNS THIS YEAR. THERE HAVE BEEN
AT THE END OF FEBRUARY, WE
CROSSED THE 100. MARK FROM MASS
SHOOTINGS THREE OR MORE PEOPLE
KILLED IN ONE SHOOTING. I SEE
THIS AS A SMALL STEP TRYING TO
REMEDY WHAT WE'RE DOING. I THINK
THE AMENDMENTS AS DID, UM
BALANCE THE SECOND AMENDMENT
RIGHTS OF INDIVIDUALS. AGAINST.
THE NEED TO PROTECT THE PUBLIC
BECAUSE SO MANY PEOPLE INVOLVED
IN THE MASS SHOOTINGS DO
INVOLVED, INCLUDING THE ONE IN
MY COUNTY MENTAL HEALTH
ILLNESSES INVOLVED. I THINK THIS
IS A SMALL STEP TO TAKE. AND I
ASKED YOU TO DO SO. SO THAT WHAT
I'VE SEEN FOR 46 YEARS IN SAN
MATEO COUNTY AND ACROSS OUR
STATE AND NATION, PERHAPS WE CAN
TAKE A SMALL STEP. 400 YEARS
AGO. THIS YEAR, WILLIAM
SHAKESPEARE WROTE. THAT TO CLIMB
A STEEP HILL. IT TAKES A SLOW
START. WE'VE BEEN DOING A SLOW
START FOR SO LONG IN THIS
COUNTRY. I HOPE THIS SMALL STEP
WOULD MOVE YOU TO WANT TO PASS
THIS BILL SO WE CAN PROTECT OUR
COMMUNITY. I THANK YOU FOR
LISTENING. I WILL CONTINUE TO
WORK VERY GRATEFUL TO BOTH
ASSEMBLYMEMBER'S FOR WHAT THEY
HAVE CARRYING THIS BECAUSE IT'S
SO IMPORTANT TO ALL THE PEOPLE
THAT ALL OF US KNOW WHO HAVE
BEEN AFFECTED BY THIS. THANK YOU
. THANK YOU. AND YOU RECITED
SHAKESPEARE. SO YOU UP THE
QUALITY OF TESTIMONY IN THE
COMMITTEE SO, BUT ANYONE ELSE
AND SUPPORT. ANYONE ELSE IN
SUPPORT OF THE BILL? IS THERE
ANYONE IN OPPOSITION? YOU MUST
SHOOT. I DON'T I DON'T NEED TO
HAVE A SHAKESPEAREAN QUOTE YOUR
TROUBLE. LESLIE CALDWELL,
HOUSTON FOR CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION. WELL, WE
THINK THE AUTHOR AND THE
COMMITTEE FOR WORKING WITH US ON
AMENDMENTS. WE MUST REMAIN
OPPOSED UNLESS AMENDED. WE ARE
HOPEFUL THAT WE WILL BE ABLE TO
WORK. WITH THE AUTHOR AND
WORKING OUT THE REMAINING
ISSUES. THANK YOU. THANK YOU.
ANYONE ELSE IN OUR PETITION?
WE'LL BRING IT BACK TO COMMITTEE
MEMBERS FOR THE BIRD. UM, THANK
YOU. BOTH OF MY COLLEAGUES FOR I
THINK A REALLY WELL THOUGHT OUT
AND NARROW AND IMPORTANT, BILL,
I THINK SAFETY AS WE SEE EVERY
DAY IN THE NEWS IS ONE OF THE
THINGS WE REALLY NEED TO FOCUS
ON. YOU KNOW, I LOOKED AT THE
BILL CAREFULLY. AND I THINK IT
HAS, UM YOU KNOW, VERY CLEAR
PROTECTIONS FOR THE PUBLIC BY
MAKING SURE THAT THE EVIDENCE IS
PRESENTED IS CLEAR AND
CONVINCING. UM, THAT THE
RESTRICTION SHOULD GO INTO PLACE
. SO I THINK IT'S A REALLY GREAT
BILL AND I WANT TO THANK YOU FOR
BRINGING SUPPORTING IT. QUÊ MR
LACKEY. YEAH. I'M VERY THANKFUL
FOR THIS, UH, PROPOSAL BECAUSE
IT'S A GUN SAFETY MEASURE THAT'S
ASSOCIATED WITH BEHAVIOR. AND
THOSE WHO ARE PRONE TO DIFFICULT
CIRCUMSTANCES IN THEIR LIVES AND
ARE MORE PRONE TO THE TYPES OF
BEHAVIOR THAT MAY THREATEN.
THEIR OWN LIVES AND THE LIVES OF
OTHERS, AND SO THE FACT THAT
IT'S ASSOCIATED WITH BEHAVIOR.
I'M VERY THANKFUL FOR AND HAPPY
TO SUPPORT IT. THANK YOU GROWTH,
YOU MAKE CLOTHES. ESPECIALLY
WHEN I VOTE. THANK YOU ALL. AND
I WANT TO THANK YOU FOR WORKING
COMMITTEE. I APOLOGIZE FOR ANY
CONFUSION. UM IT WAS MY FAULT,
NOT YOURS. AND SO I'M GLAD TO
YOU ACCEPTED THE. THE AMENDMENTS
AND CHAIRS RECOMMENDING IPHONE.
THANK YOU. MAYBE 455 BY SEVEN
MEMBER QUIRK-SILVA. THE MOTION
IS DUE PASS AS A MINUTE TO THE
APPROPRIATIONS COMMITTEE. JOHN
SAWYER. JOHN SAWYER. I ELONIS
BANTA. I BRIAN BRIAN, I LACKEY I
JACKSON JACKSON EYES SANTIAGO.
SUBIR SUBIR? AYE. THAT METRIC
PASSAGE. THANK THANK YOU
MEMBERS. THANK YOU. NOW, MR
PATTERSON. VICE CHAIR WAITING
FOR THE VICE CHAIR. OKAY,
COMMITTEE, AND WE'LL BE BACK
SOON. SO NEXT IS MR GIBSON HERE?
THEN IT WILL BE MISS MAKIN, ER.
ITEM NUMBER 10. A B 10 28.
REPORTING OF CRIMES, MANDATORY
REPORTERS.
GOOD MORNING. BUT GOOD MORNING
CHAIRMAN MEMBER. I'M SORRY. AND
YOU ALSO HAVE 13 10. I'M SORRY.
YOU HAVE TO HAVE TO NUMBER 22
AFTER UM GOOD MORNING, CHAIR AND
MEMBERS. I'M HERE TO PRESENT A B
10 28 A BILL TO CENTER, SURVIVOR
HEALTH AND SAFETY. A B 10 28
WILL DO TWO IMPORTANT THINGS.
FIRST IT WILL REQUIRE HEALTH
CARE PROVIDERS TO PROVIDE A
REFERRAL AND WARM HANDOFF TO
CONNECT SURVIVORS OF DOMESTIC
VIOLENCE AND LOCAL VICTIM
SERVICE PROVIDERS SO THAT THEY
CAN RECEIVE THE SERVICES SUPPORT
AND SAFETY PLANNING. THEY NEED
SECOND. THE BILL ELIMINATES THE
MANDATE THAT HEALTHCARE
PROVIDERS REPORT TO LAW
ENFORCEMENT WHEN A SURVIVOR OF
VIOLENCE OR ABUSE SIX MEDICAL
CARE FOR INJURIES RELATED TO THE
ABUSE. THIS BILL MAINTAINS THE
REQUIREMENT FOR MANDATED REPORTS
IN THE CASE OF FIREARMS INJURIES
BUT ELIMINATES THE MANDATE
MANDATED REPORTING FOR OTHER
ASSAD, UM, ABUSIVE CONDUCT
EXISTING MANDATED REPORTING
REQUIREMENTS AND MEDICINE DETER
SURVIVORS OF DOMESTIC AND SEXUAL
VIOLENCE FROM SECRET SEEKING
MEDICAL CARE OUT OF FEAR. OF
BEING REPORTED THROUGH NON
CONSTITUENTS REPORTING
REQUIREMENTS. THIS ISSUE CREATES
DISTRUST BETWEEN PATIENTS AND
THEIR PROVIDERS. MARGINALIZED
COMMUNITIES ARE
DISPROPORTIONATELY IMPACTED BY
MEDICAL MANDATORY REPORTING. L G
B T Q BLACK, INDIGENOUS AND
IMMIGRANT SURVIVORS HAVE BEEN
BEEN FOUND TO BE MORE NEGATIVELY
IMPACTED BY MEDICAL MANDATORY
REPORTING LAWS THAN ANY OTHER
DEMOGRAPHICS. IMMIGRANT
SURVIVORS MAY BE RELUCTANT TO
ENGAGE WITH LAW ENFORCEMENT DUE
TO FEAR THAT LAW ENFORCEMENT
INVOLVEMENT COULD LEAD TO
DETENTION OR DEPORTATION FOR
THEMSELVES OR THEIR FAMILY.
ADDITIONALLY, DATA SHOWS THAT
MEDICAL MANDATED REPORTING
REQUIREMENTS REQUIREMENTS MAKE
PLACE PEOPLE OF COLOR,
PARTICULARLY BLACK WOMEN. UM, AT
RISK OF INCREASED VIOLENCE. L G
B T Q SURVIVORS MAY BE AFRAID TO
SEEK CRITICAL MEDICAL CARE FOR
FEAR OF MANDATORY REPORTING TO
THE PREVAILING OF DISCRIMINATION
HARASSMENT FROM LAW ENFORCEMENT
AGAINST THE LGBTQ COMMUNITY.
THESE DISPROPORTIONATELY
IMPACTED GROUPS OF SURVIVORS
DESERVE INCREASED ACCESS TO
HEALTHCARE. IT WOULD BENEFIT
FROM BEING CONNECTED TO TRAIN
ADVOCATES WHO COULD DEVELOP
SAFETY PLANS AND SUPPORT
CONNECTIONS TO LEGAL RESOURCES.
WHEN PROVIDERS ARE ABLE TO HAVE
OPEN TRAUMA, INFORMED
CONVERSATIONS WITH PATIENTS
ABOUT ABUSE SURVIVORS A FOUR
TIMES MORE LIKELY TO EXCESS AND
INTERVENTIONS SUCH AS THE MIXED
DOMESTIC VIOLENCE. ADVOCACY TO
BE VERY CLEAR. THIS BILL IS
ABOUT REMOVING BARRIERS TO
CRUCIAL HEALTHCARE SERVICES AND
ALLOWING SURVIVORS TO MAKE THE
CHOICE ABOUT WHEN OR IF TO
CONTACT LAW ENFORCEMENT
SURVIVORS WHO WISH TO CONTACT
LAW ENFORCEMENT WOULD STILL BE
ABLE TO DO SO AT ANY TIME AND A
HEALTHCARE PROVIDER COULD STILL
CONTACT LAW ENFORCEMENT ON
BEHALF OF THE SURVIVOR. IF THE
SURVIVOR REQUEST THIS, MAYBE 10
28 SIMPLY ELIMINATES THE
REQUIREMENT FOR A REPORT TO
OCCUR WITHOUT THE SURVIVORS
BECAUSE CONSENT BY ELIMINATING
THE MANDATED REPORTING AND ALSO
REQUIRE AN OFFER TO CONNECT
SURVIVORS WITH VICTIM SERVICES.
WE CAN INCREASE SURVIVOR ACCESS
TO HEALTHCARE AND CREATE GREATER
TRUST AND OPENNESS BETWEEN
SURVIVORS AND THEIR HEALTH CARE
PROVIDER, THEN, IF A SURVIVOR
CHOOSES TO MAKE A POLICE REPORT
AND ADVOCATE CAN SUPPORT THE
SURVIVOR IN MAKING SHARE. A
STRONG SAFETY PLAN IS IN PLACE.
THIS BILL IS SUPPORTED BY
HEALTHCARE ASSOCIATIONS,
INCLUDING THE AMERICAN COLLEGE
OF OBSTETRICIANS AND
GYNECOLOGISTS DISTRICT NINE AND
HEALTH FOCUSED ORGANIZATIONS
SERVING TRADITIONALLY
MARGINALIZED COMMUNITY,
INCLUDING THE LOS ANGELES LGBT Q
CENTER AND THE HEALTH ALLIANCE
FOR VIOLENCE INTERVENTION. I
HAVE TWO WITNESSES HERE TODAY.
KAREN EARL, CHIEF EXECUTIVE
OFFICER OF GENESIS CENTER, AND
CAITLIN COLLINS, CLINICAL FELLOW
SURGICAL CRITICAL CARE, U C S F
GENERAL HOSPITAL. THANK YOU.
THANK YOU BOTH HAVE A TOTAL OF
FIVE MINUTES. YOU CAN SPLIT UP
ANYWHERE. YOU WANT THE THOROUGH
CHAIR JOAN SAWYER. AND MEMBERS.
I'M KAREN EARL, CEO OF GENESIS
CENTER, A DOMESTIC BALANCE
INTERVENTION AND PREVENTION
PROGRAM IN SOFT LOS ANGELES. I
AM ALSO CO LEAD OF THE
CULTURALLY RESPONSIVE DOMESTIC
BALANCE NETWORK CONSISTING OF 20
STATEWIDE DEVI ORGANIZATIONS,
INCLUDING GENESEE THAT UPLIFT
SURVIVOR CENTERED AND CULTURALLY
SPECIFIC SERVICES. I AM HERE
TODAY TO STRONGLY SUPPORT MAYBE
10 28 IS SIGNIFICANT STEP
FORWARD AND RECOGNIZE MY ZING
THAT MANDATED REPORTING IS NOT A
SURVIVOR CENTERED OR TRAUMA,
INFORMED RESPONSE WHEN A VICTIM
COMES FORWARD TO SEEK HEALTH
CARE. PUBLISHED PEER REVIEWED
RESEARCH LOOKING AT OUTCOMES OF
MANDATED REPORTING SHOW THAT
THESE REQUIREMENTS OFTEN PUT
VICTIMS IN GREATER DANGER. THEY
MAY ALSO DISPROPORTIONATELY HARM
MARGINALIZED COMMUNITIES THAT
HAVE COMPLICATED RELATIONSHIPS
WITH LAW ENFORCEMENT, LIKE
DOMESTIC VIOLENCE ITSELF.
MANDATORY REPORTING REMOVES
SURVIVOR AUTONOMY AND SELF
DETERMINATION IN DETERMINING
WHAT IS BEST AND SAFEST FOR
THEM, FOR EXAMPLE. APPLE GENESEE
CLIENT EXPERIENCED HORRIFIC ACTS
OF DOMESTIC VIOLENCE AND ENTERED
THE PROGRAM WITH MULTIPLE
UNTREATED INJURIES BECAUSE SHE
WAS AFRAID TO GO TO THE HOSPITAL
FOR FEAR OF LOSING HER CHILDREN.
BECAUSE HEALTH CARE WAS SO
DELIGHTED DELAYED, DOCTORS
FEARED SHE COULD LOSE HER LEG.
ANOTHER ORGANIZATION IN OUR
NETWORK WORK WITH THE CLIENT WHO
DID SEEK HEALTH CARE BUT END UP
BEING ARRESTED AND PUT IT RISK
OF DEPORTATION WHEN LAW
ENFORCEMENT WAS CONTACTED
INSTEAD OF MANDATED REPORTING, A
B 10 28 FOCUSES ON SUPPORT AND
REQUIRES REFERRALS TO COMMUNITY
BASED PARTNERS FOR SERVICES.
THAT VICTIMS CHOOSE TO ACCESS
MEDICAL PROVIDERS CAN BE
POWERFUL ALLIES FOR DOMESTIC
VIOLENCE AND SEXUAL VIOLENCE
VICTIMS. WE BELIEVE THAT
SURVIVORS WOULD HAVE ACTS SHOULD
HAVE ACCESS TO HEALTHCARE
SEPARATELY FROM CRIMINAL LEGAL
SYSTEMS. I RESPECTFULLY ASK FOR
YOUR SUPPORT OF MAYBE 10 28.
THANK YOU. THANK YOU. CHAIR
JOINTS, JOHN SAWYER AND
COMMITTEE MEMBERS. THANK YOU FOR
THE OPPORTUNITY TO SPEAK WITH
YOU TODAY. MY NAME IS DR CAITLIN
COLLINS. I'M A TRAUMA SURGERY
AND CRITICAL CARE FELLOW AT SAN
FRANCISCO GENERAL HOSPITAL, OUR
SAFETY NET AND ONLY MAJOR TRAUMA
HOSPITAL IN SAN FRANCISCO. I
TREAT PATIENTS WHO HAVE SUFFERED
FROM YOUR SEVERE INJURY FROM
INTIMATE PARTNER VIOLENCE. I'D
LIKE TO SHARE MY CONCERNS ABOUT
THE CURRENT LAW AND HIGHLIGHT
HOW ABBY 10 28 WHAT A LINE ARE
LEGAL MANDATE BUT THE NEEDS OF
OUR PATIENTS. OUR CURRENT
MANDATORY REPORTING LAW FORCES
PHYSICIANS TO VIOLATE THEIR
HIPPOCRATIC OATH TO DO NO HARM.
POSITIONING THE HEALTHCARE
PROVIDER BETWEEN THEIR LEGAL
RESPONSIBILITY TO REPORT TO LAW
ENFORCEMENT AND THE PATIENTS
EXPRESSED WITH NOT TO INVOLVE
LAW ENFORCEMENT COERCES THE
PROVIDER INTO BREACHING THEIR
ETHICAL DUTY TO DO NO HARM. THIS
CONFLICT RE TRAUMATIZES PATIENTS
AND CAUSES MORAL DISTRESS FOR
PROVIDERS. COUNTLESS TIMES I WAS
WITNESSED THE TERROR THAT COMES
ACROSS THE VICTIM'S FACE WHEN A
POLICE OFFICER ENTERS THE ROOM.
THE FEAR IS PALPABLE AND
UNFORGETTABLE. ESPECIALLY FOR
BLACK AND BROWN PATIENTS. I
RECENTLY CARED FOR LATIN X MAN
WITH A STAB WOUND WHO WE
STRONGLY SUSPECTED HAD BEEN
ASSAULTED BY HIS PARTNER. DURING
MY EVALUATION OF POLICE OFFICER
ENTERED HIS ROOM IN THE
EMERGENCY DEPARTMENT TO QUESTION
HIM. TEARS WELLED UP IN THE
YOUNG MAN'S FACE, AND HE
TREMBLED AS HE STUTTERED TO
ANSWER THE OFFICER'S QUESTIONS.
THIS PATIENT SUBSEQUENTLY
REFUSED ADMISSION TO THE
HOSPITAL, CITING HIS FEAR OF
FURTHER INTERROGATION. AS HE
DEPARTED HASTILY. WE WERE UNABLE
TO PROVIDE QUALITY CARE FOR HIS
STAB WOUND, NOR CONNECT HIM WITH
ADVOCACY SERVICES TO IMPROVE HIS
SAFETY. UNDER A V 10 28. THIS
PATIENT MIGHT HAVE FELT SAFER SO
YOU CAN CARE BEFORE THE VIOLENCE
ESCALATED. HE WOULD HAVE
RECEIVED APPROPRIATE CARE IN THE
HOSPITAL AND A WARM HANDOFF TO
COMMUNITY BASED DOMESTIC AND
SEXUAL VIOLENCE ADVOCACY
SERVICES. THIS BILL IS EVIDENCE
BASED. IT'S CONSISTENT WITH
TRAUMA INFORMED CARE. IT HONORS
PATIENT AUTONOMY AND DOES NOT
RESTRICT THE PROVIDER FROM
HELPING A PATIENT ENGAGED LAW
ENFORCEMENT SHOULD THEY CHOOSE
IT. WITH MY TESTIMONY TODAY. I
ALSO BRING INDIVIDUAL LETTERS OF
SUPPORT FOR ABT 10 28 FROM EVERY
SINGLE TRAUMA SURGEON AT UCSF.
THANK YOU. THANK YOU. THANK YOU
WITNESSES AND SUPPORT. DANA
GORDON ON BEHALF OF THE SAN
FRANCISCO PUBLIC DEFENDER AND
SUPPORT HISTORY IS WITH YOUNG
WOMEN'S FREEDOM CENTER AND
SUPPORT. ONE GOOD REPRESENTING
THE ELLA BAKER CENTER FOR HUMAN
RIGHTS IN SUPPORT. ALICIA LEWIS
ON BEHALF ALLIANCE OF WISE MEN
OF COLOR AND PROUD SUPPORT AND
CO SPONSOR. ABIGAIL ALVAREZ WITH
THE CULTURE RESPONSE OF DOMESTIC
VIOLENCE NETWORK CO SPONSOR AND
SUPPORT, ALSO EXPRESSING SUPPORT
ON BEHALF OF CHAN BOF FOR PEACE,
COLLABORATIVE, EAST LOS ANGELES
WOMEN'S CENTER, KOREAN AMERICAN
FAMILY SERVICES. DEAF HOPE
GENESEE CENTER, MY SISTER'S
HOUSE CEASELESS CENTER FOR
PACIFIC ASIAN FAMILIES. THANK
YOU. EIGHT MANNER TIG HERE
EXPRESSING SUPPORT FROM FUTURES
WITHOUT VIOLENCE AND ALSO ON
BEHALF OF THE BAY AREA. WOMEN
AGAINST RAPE. THEY WERE YOUNG
WOMEN'S FREEDOM CENTER SHADY
CONSULTING LLC, CALIFORNIA L G B
T Q HEALTH AND HUMAN SERVICES
NETWORK SONITA JANE INITIATIVE
AT LOYAL LAW SCHOOL, CALIFORNIA
MENTAL HEALTH CONNECTION.
CITIZENS FOR CHOICE, THE HEALTH
ALLIANCE FOR VIOLENCE
INTERVENTION. DUFF AND HARD OF
HEARING SERVICE CENTER. BLACK
WOMEN FOR WELLNESS ACTION
PROJECT GRAZE TRAUMA, INFORMED
CARE SERVICES CORE ANTI POLICE
CHAIR PROJECT JUSTICE TEAMS
NETWORKS SHEEDY CONSULTING LLC
MIRROR MEMOIRS. DEFENSA
CALIFORNIA HEALTH ADVOCATES
YOUTH LEADERSHIP INSTITUTE. LA
DEFENSA, HE'LL TRAFFICKING
THANKS. THANK YOU. REBECA
GONZALEZ NATIONAL ASSOCIATION OF
SOCIAL WORKERS CALIFORNIA
CHAPTER AND SUPPORT. CHRISTINE
SMITH, THE CALIFORNIA
PARTNERSHIPS AND DOMESTIC
VIOLENCE AND SUPPORT, UM,
ACTUALLY SPONSOR AND THEN ALSO
EXPRESSING SUPPORT FOR NOW. ORCA
FAMILY VIOLENCE. LAWCENTER
COMMUNITY SOLUTIONS LTD.
ALLIANCE WOMEN INC. NEXT DOOR
SOLUTIONS TO DOMESTIC VIOLENCE
SO MOST FAMILIAR VALUE FREE FROM
LAST AND FAMILY SERVICES,
EMPOWER YELLOW AND THE
COLLECTIVE HEALING AND
TRANSFORMATION PROJECT. GOOD
MORNING, GREGORY. FIDDLE WITH
INITIATE JUSTICE. STRONG
SUPPORT. THANK YOU. GOOD
MORNING, ANTHONY DI MARTINO ON
BEHALF OF CALIFORNIANS FOR
SAFETY AND JUSTICE AND CRIME,
SURPRISES FOR SAFETY AND JUSTICE
AND SUPPORT. GOOD MORNING,
MELISSA GOING ON ALSO ON BEHALF
OF THE CULTURALLY RESPONSIVE
DOMESTIC VIOLENCE NETWORK, PROUD
CO SPONSOR AND SUPPORT. THANK
YOU. GOOD MORNING, ARABELLA
GUEVARA WITH THE YOUNG WOMAN'S
FREEDOM CENTER AND SUPPORT.
GERONIMO CUAUHTEMOC OCULAR HERE
ON BEHALF OF LEGAL SERVICES FOR
PRISONERS WITH CHILDREN AND
STRONG SUPPORT. GOOD MORNING,
TATIANA LOUIS WITH ALL OF US OR
NONE AND STRONG SUPPORT. SONIA
THOMASON, CASTELLANO WITH
COMMUNITIES UNITED FOR START OF
YOUTH JUSTICE HERE IN STRONG
SUPPORT. THANK YOU. THANK YOU.
ANY WITNESSES AND OPPOSITION.
PICK A SEAT. ANY SEAT. CLEARLY I
HAVE MY WORK CUT OUT FOR ME.
IT'S OKAY IF I GO FIRST, OKAY?
MY NAME IS HILLARY LARKIN. I'M A
PHYSICIAN ASSISTANT CLOSER. I'M
A PHYSICIAN, ASSISTANT OF
FORENSIC EXAMINER AND I'VE SPENT
THE LAST 30 YEARS WORKING IN A
LEVEL ONE TRAUMA CENTER AND
SAFETY NET HOSPITAL IN OAKLAND.
I AM ALSO THE CHAIRMAN OF THE
ALAMEDA COUNTY DOMESTIC VIOLENCE
FATALITY REVIEW TEAM. AND I HAVE
SEEN FIRSTHAND HOW LETHAL
DOMESTIC VIOLENCE CAN BE. I'M
HERE REPRESENTING THE CALIFORNIA
SEXUAL ASSAULT FORENSIC
EXAMINERS ASSOCIATION. WE
REPRESENT 300 FORENSIC EXAMINERS
, DOCTORS PAS AND HE'S A NURSES
FROM ACROSS THE STATE. LAST YEAR
ALONE. WE PRIVATE WE PROVIDE
OVER 14,000 MEDICAL FORENSIC
EXAMS TO CHILDREN, ADOLESCENTS
AND ADULTS. ALL OF THESE PEOPLE
WERE CONSENTING A GREEN AND
WANTING TO REPORT TO LAW
ENFORCEMENT. UM OUR GOAL IN THE
STATUS TO PROVIDE STATE OF THE
ART ACUTE TRAUMA INFORMED
EVIDENCE BASED MEDICAL FORENSIC
EXAMS NOT TO DISCOURAGE VICTIMS
FROM SEEKING HEALTHCARE OR TO
TAKE AWAY THEIR AUTONOMY. HOW
SAFE AGREES THAT THE CURRENT
DOMESTIC SCIENCE LANGUAGE COULD
BE HARDENED AND COULD BE MADE
MORE SPECIFIC, AND WE'VE
SUBMITTED AMENDMENTS TO THE
AUTHORS, TOO. COME TO SOME
COMPROMISE AROUND THIS. UM. WHAT
WE'RE CONCERNED ABOUT IS
REPEALING CODE 11160 WOULD
REPEAL ALL OF, UH, MANDATORY
REPORTING, WHICH INCLUDES SEXUAL
ASSAULT, DOMESTIC VIOLENCE,
SUSPICIOUS INJURY, WHICH TRACKS
GUN VIOLENCE AND VIOLENCE
AGAINST CRIMES AGAINST HOMELESS
PEOPLE. UM ALL SORTS L D L G B T
Q, UM AND THE INFRASTRUCTURE OF
THE SYSTEM WOULD BE COMPLETELY
IN CHAOS. SO THE WAY THAT WE
TRIGGER EXAMS AND HOW WE
PRIORITIZE VICTIMS OF CRIMES IS
BASED ON THE MANDATE THAT THE
HOSPITALS AND HEALTH CARE
PROVIDERS ARE SUBJECT TO WHAT WE
PROPOSE IS WHAT WE'VE BEEN DOING
IN SEXUAL ASSAULT FOUR YEARS,
WHICH IS AN OPT OUT. WHAT?
REPEALING PETE ON CODE 116 HERE
IS AN OPT IN MEANING NOBODY GETS
REPORTED, UNLESS THEY ASK TO BE
REPORTED AND WITHOUT CREATING
THE PRIORITY AND MANDATE WITHIN
THE HOSPITALS AND EMERGENCY
DEPARTMENTS. THIS WILL GO AWAY.
SEXUAL ASSAULT. WE HAVE BEEN
USING THE N I R, WHICH IS THE
NON INVESTIGATIVE REPORT, WHICH
MEANS WE MAKE A REPORT TO LAW
ENFORCEMENT, BUT THE VICTIM IS
NOT OBLIGATED TO SPEAK TO LAW
ENFORCEMENT. WE GO AHEAD AND DO
THAT MEDICAL MANDATED REPORT.
AND BASICALLY IT IS SET ASIDE.
SO WHEN A VICTIM WHO COMES THE
EMERGENCY DEPARTMENT IS
UNDECIDED, OR WHO DOES NOT WANT
TO REPORT AT THE TIME OF EXAM IS
GIVEN TIME. UM THE REPORTERS
HELD SEPARATELY, AND THEY ARE
ABLE TO GET THEIR INFORMATION
THAT THEY NEED, GET THEIR
ADVOCACY AND MAKE A CLEAR
DECISION ABOUT WHETHER OR NOT
THEY WANT TO REPORT BY
CONTINUING TO, UM, MANDATE
MEDICAL DOCUMENTATION OF
INJURIES WERE GIVING PATIENTS AN
OPPORTUNITY TO HAVE THAT
DOCUMENTATION THAT THEY CAN USE
LATER FOR CRIMINAL OR CIVIL
MATTERS. AND THE ONE THING THAT
CIVIL LAWYERS TELL US IS THAT
THERE IS NOT ENOUGH MEDICAL
DOCUMENTATION, SO REMOVING
MEDICAL DOCUMENTATION. THE
MANDATE TO REPORT IS GOING TO
MAKE IT HARDER. FOR THOSE
PATIENTS WHO WANT TO REPORT WHO
WANT TO GET HELP. I THINK THE
OTHER END, MOST IMPORTANT THING
THAT WE CAN DO HERE IS ADVOCATE
BEDSIDE ADVOCACY. WE NEED IN
PERSON. ADVOCACY NOW HAS BEEN
THE GOLD STANDARD FOR VOTES,
SUBSTANCE ABUSE AND SEXUAL
ASSAULT FOR THE LAST 20 YEARS.
I'M GOING TO CONCLUDE THERE AND
THEY'LL LET YOU GO AHEAD AND
TALK. BUT THANK YOU FOR YOUR
TIME. I URGE YOU TO OPPOSE AND
LET US WORK WITH AUTHORS TO
AMEND. THANK YOU. THANK YOU.
THANK YOU MEMBERS, MR MORTON ON
BEHALF OF STONE ADVOCACY HERE
FOR THE CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION IN
OPPOSITION. MANDATED REPORTING
BY HEALTHCARE WORKERS PROTECTS
VICTIMS WHO ARE TOO FRIGHTENED
TO REPORT WHO'VE BEEN
BRAINWASHED BY THEIR ABUSERS AND
TRAFFICKERS, AND THUS DO NOT
BELIEVE THEY ARE VICTIMS AND WHO
UNDERESTIMATE THE DANGERS. THEIR
INJURIES SUGGEST THAT THEY ARE
IN HEALTHCARE SETTING MAY BE THE
ONLY PLACE MANY INDIVIDUALS EVER
PRESENT WHERE THEIR INJURIES ARE
DETECTABLE. WE APPRECIATE THE
CONCERNS RAISED HERE ABOUT THE
DISCOURAGING VICTIMS FROM
SEEKING HEALTHCARE. WE BELIEVE
FAR MORE PEOPLE WILL SUFFER
NEEDLESSLY IF LAW ENFORCEMENT IS
NOT NOTIFIED SO THEY CAN
INTERVENE EARLY. THANK YOU.
THANK YOU. ARE THERE ANY OTHER
WITNESSES AND OPPOSITION? GOOD
MORNING, PATRICK ESPINOSA ON
BEHALF OF THE CENTRAL COUNTY
DISTRICT ATTORNEY'S OFFICE. AND
IN OPPOSITION. THANK YOU. I'LL
BRING IT BACK TO COMMITTEE FOR
QUESTIONS OR COMMENTS. MR
LACKEY. MHM. WHAT A DELICATE
TOPIC THIS IS, UM THIS IS REALLY
IMPORTANT THAT WE UNDERSTAND.
THE DELICATE NATURE OF THIS ON
FROM ALL ASPECTS. HOWEVER, I. I
KNOW THIS IS NOT THE INTENT, BUT
I THINK THAT THIS IS THE
UNINTENDED CONSEQUENCES OF C
SOMETHING, SAY NOTHING. I THINK
THAT'S A MIXED MESSAGE, AND I
THINK IT'S VERY DANGEROUS THAT
WERE ALSO, UM CHANGING THE
IMPORTANCE OF ASSAULTIVE AND
ABUSIVE CONDUCT. UM, IN THIS NEW
MEASURE, I THINK THAT'S A VERY
DANGEROUS PATHWAY. AND I CAN'T
SUPPORT IT BECAUSE I THINK
SEXUAL ASSAULT. DOMESTIC
VIOLENCE IS SUCH A TOXIN IN OUR
SOCIETY THAT WE NEED TO USE ALL
TOOLS AVAILABLE TO US TO, UH
PREVENT IT. AND SO I THINK. IN
MY ESTIMATION THAT TO MINIMIZING
THE IMPORTANCE OF REPORTING.
IT'S NOT THE PATHWAY SO I CAN'T
SUPPORT THIS PARTICULAR MEASURE.
SORRY. I'LL KEEP THIS SHORT. TO
BE DOMESTIC PLANTS, DETECTIVE
AND A LOT OF OUR CASES WERE
BROUGHT UPON BY PEOPLE BRINGING
THAT TO OUR ATTENTION, THE
ABUSERS AND DOMESTIC VIOLENCE DO
THEIR BEST TO MAKE SURE THAT THE
VICTIMS DO NOT HAVE A VOICE. AND
THIS WAS ONE WAY I FOUND FOR
THEM TO HAVE A VOICE. AND, UH, I
SEE THE INTENT I DO WITH WITH
WHAT YOU'RE DOING THE BILL, BUT
RIGHT NOW, I CAN'T. I CAN'T
SUPPORT THIS. THANK YOU. THANK
YOU ANY MORE COMMENTS ABOUT TO
YEAH. I KNOW THAT THIS IS AND
INCREDIBLY THOUGHTFUL BILL. WE
SAW A VERSION OF THIS ACTUALLY
LAST YEAR, SO I APPRECIATE THE
COMMITTEE WORKING WITH THE
AUTHOR TO GET TO THIS POINT.
FRANKLY, I HAD RESERVATIONS
ABOUT THE BILL AS PRESENTED LAST
YEAR, AND YOU FEEL LIKE THIS IS
MOVING IN THE DIRECTION OF
PUTTING THE POWER OF BEING ABLE
TO HAVE AGENCY FULL AGENCY IN
THE HANDS OF THE SURVIVORS. AH!
WE KNOW ALL TOO WELL THAT ONCE
PEOPLE REPORT IF THEY DO UH,
THIS MAY NOT BE SOMETHING THAT
THEY BEYOND THAT THEY DON'T
NECESSARILY HAVE TO HAVE CONTROL
AT THE POINT OF EVEN REPORTING
TO HEALTHCARE PRACTITIONER OR
DISCLOSING ANY INFORMATION TO
HEALTHCARE PRACTITIONER THAT CAN
BE USED ESSENTIALLY AGAINST THEM
IN, UH, IN A JUSTICE SYSTEM THAT
IS NOT THERE YET IN TERMS OF
ADEQUATELY PROVIDING SUPPORT TO
SURVIVORS, PARTICULARLY OF
SEXUAL ASSAULT. UM AND
INTERPERSONAL ASSAULT. SO FOR
THOSE REASONS, I KNOW THAT YOU
WILL CONTINUE TO WORK WITH THE
OPPOSITION TO GET THIS TO A
PLACE WHERE WE CAN HAVE THE
WEIGHT AND THE HEART OF AGENCY
BE IN THE HANDS OF THOSE
SURVIVORS. I WILL BE SUPPORTING
THIS BILL AND THANK YOU FOR
WORKING ON THAT. ANY OTHER.
COME. OKAY. YOU MAY CLOSE. I
WOULD LIKE TO CLARIFY THAT THIS
BILL DOES NOT CHANGE REPORTING
REQUIREMENTS FOR ELDER ABUSE,
CHILD ABUSE OR OTHER TYPES OF
CRIMES. THIS BILL DOES NOT
ELIMINATE THE ABILITY OF ANY
VICTIM TO CONTACT LAW
ENFORCEMENT IF THEY CHOOSE TO DO
SO. THE INTENT OF THIS BILL IS
THAT SURVIVORS SHOULD HAVE THE
ABILITY TO CHOOSE FOR THEMSELVES
IF IT WENT TO ENGAGE WITH THE
CRIMINAL LEGAL SYSTEM, VICTIMS
WILL STILL HAVE ACCESS TO
VICTIMS COMPENSATION AS IT IS
NOT A REQUIREMENT FOR VICTIMS TO
PROVIDE A POLICE REPORT TO
ACCESS COMPENSATION. I'M
COMMITTED TO CONTINUING
CONVERSATION WITH THE
OPPOSITION. TO ADDRESS THEIR
CONCERNS ABOUT THE IMPACT ON
CHILD AND ELDER ABUSE REPORTING
DATA COLLECTION AND OTHER
CONCERNS WHILE STILL MAINTAINING
THE GOAL OF THIS BILL TO
ELIMINATE THE POTENTIALLY
HARMFUL MANDATED REPORT REPORT
TO LAW ENFORCEMENT, I
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU, AND I PERSONALLY KNOW
YOUR YOUR SPONSORS, SO I KNOW UM
HER WORK. LET'S SEE HOW LONG
BECAUSE HE EMBARRASSED THE BOTH
OF US. UH OH. WE'VE BEEN WORKING
AT THIS FOR QUITE SOME TIME, SO
I KNOW YOU WOULDN'T LET
ANYTHING. HAPPENED BECAUSE I
KNOW YOUR HEART IS GENUINE. SO
THANK YOU FOR IT FOR COMING
BEFORE US AND TESTIFYING. AND SO
WITH THAT CHAIR IS RECOMMENDED.
I VOTE THEIR EMOTIONS. SECOND SO
MOVED. CALDERON. MAYBE 10 28 BY
SOME REMEMBER MAKIN ER THE
MOTION IS PASSED TO THE
APPROPRIATIONS COMMITTEE JOHN
SAWYER ELONIS. MELANIE SNOW
BONTA BANTA I BRIAN! BRIAN I
LACKEY LACKEY NO, JACKSON.
SANTIAGO. ZIPPER THAT MEASURES
ON CALL THESE TWO MORE THANK
YOU. THE NEXT ITEM. ITEM. 22 13
10. SENTENCING RECALL AND RE
SENTENCING. SHE HAD TO MR
PATTERSON. SORRY, YES. YOU WANT
ME TO START WHENEVER YOU'RE
READY?
CHAIR AND MEMBERS OF THE
COMMITTEE. I WANT TO FIRST SAY
THAT I ACCEPT THE COMMITTEE'S
AMENDMENTS. FIREARM ENHANCEMENTS
ARE ONE OF THE MOST COMMONLY
USED ENHANCEMENTS THAT ADD EXTRA
YEARS TO A SENTENCE. THE LATEST
AVAILABLE DATA SHOWS THAT 37,237
PEOPLE IN C D. C R CUSTODY HAD
SOME FORM OF GUN ENHANCEMENT AS
PART OF THEIR SENTENCING. 89% OF
THESE PEOPLE WERE PEOPLE OF
COLOR. THERE IS NO COMPELLING
EVIDENCE THAT ENHANCEMENTS
IMPROVE PUBLIC SAFETY. IN FACT,
THE OPPOSITE MAY BE TRUE, WHILE
INITIAL INCARCERATION PREVENTS
CRIME THROUGH CAP AND CAP
CAPITATION STUDIES SHOW THAT
ADDITIONAL CITIZEN YEAR CAUSES A
4 TO 7% INCREASE IN RECIDIVISM
ENHANCEMENTS DO NOT INCREASE
PUBLIC SAFETY, AND THERE IS NO
DATA TO SUPPORT THAT ENHANCEMENT
D TIER CRIME. RESEARCH HAS
CUSSED CONSISTENTLY SHOWN THAT
PEOPLE AGED OUT OF CRIME, SO BY
THE TIME THE STATE HAS SENTENCED
SOMEONE TO AN EXTREMELY LONG
SENTENCE, THEY HAVE REACHED AN
AGE WHERE THEY NO LONGER POSE A
THREAT TO PUBLIC SAFETY. A B 13
10 WILL ENSURE PEOPLE RECEIVE
EQUAL TREATMENT UNDER THE LAW BY
ALLOWING PASSED LEGISLATION TO
BE APPLIED. RETROACTIVELY PASSED
IN 2017 SB 6 20 BRADFORD GIVES
JUDGES THE DISCRETION TO STRIKE
OR DISMISSED FIREARM
ENHANCEMENTS AT SENTENCING, BUT
THIS CHANGE IN LAW WAS NOT MADE
AVAILABLE TO ANYONE CURRENTLY
INCARCERATED. MAYBE 13 10 WILL
ALLOW CURRENTLY INCARCERATED
PEOPLE. WITH A FIREARM
ENHANCEMENTS TO FILE A CORPORATE
FISHIN FOR RE SENTENCING. JUDGES
WILL REMAIN FULL DISCRETION AND
PROSECUTORS WILL HAVE THE
OPPORTUNITY TO PROVE THAT
SOMEONE IS AN UNREASONABLE RISK
TO PUBLIC SAFETY AND UNFIT TO BE
RESENTENCED. THEREFORE PUBLIC
SAFETY WILL NOT BE JEOPARDIZED
AND THERE WILL BE SIGNIFICANT
STATE SAVINGS. I HAVE TWO
WITNESSES WITH ME, GREG, THE
DELL POLICY DIRECTOR AT INITIATE
JUSTICE AND LEAH GILLES,
CRIMINAL DEFENSE ATTORNEY. THANK
YOU. GOOD MORNING CHAIR AND
MEMBERS. MY NAME IS GREGORY
FIDEL. AND I'M THE POLICY
DIRECTOR WITH INITIATE JUSTICE.
I APPRECIATE THE OPPORTUNITY TO
SPEAK WITH YOU ALL TODAY. GUN
VIOLENCE IS AN EPIDEMIC IN OUR
COMMUNITIES, BUT WE KNOW THAT
LOCKING PEOPLE UP FOREVER HASN'T
SOLVED THE PROBLEM. THIS
APPROACH HAS COST THE STATE
BILLIONS OF DOLLARS AND HAS
GREATLY INCREASED RACIAL
DISPARITIES IN THE CRIMINAL
LEGAL SYSTEM. WE NEED SAFE, WELL
BALANCED MEASURES THAT ARE
DRIVEN BY WHAT THE DATA IS
TELLING US TO SOLVE THESE
PROBLEMS. MAYBE 13 10 IS JUST
THAT. TO BE VERY CLEAR. THIS
BILL IS NOT A GET OUT OF JAIL
FREE CARD. NOR IS IT A ONE SIZE
FITS ALL APPROACH INCARCERATED
PERSONS WITH A FIREARM
ENHANCEMENT WILL HAVE TO SUBMIT
A COURT PETITION TO GET RE
SENTENCED AND EVEN IF A JUDGE
DECIDES TO REDUCE OR REMOVE THE
ENHANCEMENT, THE BASE TERM WILL
NOT BE TOUCHED IN A LENGTHY
SENTENCE MAY STILL REMAIN SO AS
AN EXAMPLE, SOMEONE CONVICTED OF
SECOND DEGREE MURDER MAY RECEIVE
A 25 YEAR SENTENCE AND THEN A 25
YEAR FIREARM HANDS ON TOP OF
THAT, FOR TOTAL TERM OF 50
YEARS. SO JUST REMOVING OR
REDUCING THE 25 YEAR FIRE.
FIREARM ENHANCEMENT STILL LEAVES
THE BASE TERM OF 25 YEARS, THE
PERSON WOULD HAVE TO SERVE AND
YOU KNOW AGAIN TO BE CLEAR. MANY
OTHER COUNTRIES IN THE WORLD DO
NOT APPLY SENTENCES THAT LONG.
RIGHT AND WE DO JUST AS A
MECHANISM TO EXTEND SENTENCES.
SO I'D LIKE TO QUICKLY HIGHLIGHT
JUST ONE STORY TODAY OF SOMEONE
WHO MAY BENEFIT IF THIS BILL
BECOMES LAW SILAS IS A VETERAN
WHO IS SERVING A SENTENCE THAT
INCLUDES A 10 YEAR GUN
ENHANCEMENT. UPON RETURNING FROM
HIS SERVICE OVERSEAS. HE
EXPERIENCED PTSD AND BEGAN SELF
MEDICATING TO COPE. HE STARTED
COMMITTING BURGLARIES TO FUND
HIS HABIT AND WAS EVENTUALLY
ARRESTED IN CHARGE OF THE GUN
ENHANCEMENT. SINCE BEING
INCARCERATED. HE HAS COMPLETELY
TRANSFORMED HIS LIFE AND WAS
RECENTLY ACCEPTED INTO èC
BERKELEY AS A TRANSFER STUDENT.
IF HE WERE TO GET RE SENTENCED
DIDN'T HAVE TO DO THIS EXTRA
ENHANCEMENT TIME. HE WOULD
PAROLE IMMEDIATELY. BèC BERKELEY
AND STUDY SOCIAL WELFARE WITH
THE GOAL OF BUILDING WHERE HE
WANTS DESTROYED. THERE ARE MANY,
MANY PEOPLE LIKE SILAS, WHO
WOULD BE ELIGIBLE TO GET BACK TO
COURT IF THIS BILL PASSES SO IN
CLOSING, WE NEED TO RE INVEST
THESE FUNDS INTO VIOLENCE
PREVENTION PROGRAMS AND USE A
PUBLIC HEALTH APPROACH. SOLVE
THIS ENDURING PROBLEM IN
SOCIETY. THANK YOU. THANK YOU.
GOOD MORNING CHAIR AND MEMBERS.
MY NAME IS LEAH GILLIS AND I'M A
CRIMINAL DEFENSE ATTORNEY. I
HAVE PRACTICED FOR THE LAST 14
YEARS IN SAN JOAQUIN AND SANTA
CLARA COUNTY. UM I'M VERY
GRATEFUL TO BE HERE TO SPEAK IN
SUPPORT OF THIS BILL EVERYDAY. I
REPRESENT CLIENTS. INDIGENT
DEFENDANTS WHO ARE FACING THE
PROSPECT OF EXTREME SENTENCING,
THE VAST MAJORITY OF WHICH ARE
YOUNG MEN OF COLOR. JUDICIAL
DISCRETION IS KEY TO COMBATING
MANY OF THE PROBLEMS THAT WE
HAVE IN THE CRIMINAL JUSTICE
SYSTEM. BUT FOR FAR TOO LONG
JUDGES HAVE HAD VERY LITTLE, IF
ANY DISCRETION WHEN IT COMES TO
SENTENCING OVER THE PAST 14
YEARS OF MY PRACTICE, I HAVE HAD
MANY CLIENTS WHO DID NOT RECEIVE
SENTENCES THAT WERE JUST WHERE
THE LACK OF DISCRETION PREVENTED
THE COURT FROM DOING WHAT THEY
FELT WAS JUST AND RESULTED IN
EXTREME SENTENCES WITH NO
RECOURSE FOR ANYONE INVOLVED. I
HAVE SEEN JUDICIAL OFFICERS
FORCED TO IMPOSE SENTENCES THAT
THEY FELT WERE TOO HARSH, AND
THAT LEFT THEM IN TEARS BECAUSE
OF THE LACK OF OPPORTUNITY THAT
THEY HAD TO MAKE A DIFFERENT
CHOICE. THE GOOD NEWS IS THAT
THIS LEGISLATURE IN 2017 MADE A
DECISION. THAT ONE OF THE MAIN
PATHS TOWARDS COMBAT TEAM RACIAL
DISPARITIES IN SENTENCING AS
WELL AS EXTREME SENTENCES IS TOO
BREATHE LIFE INTO JUDICIAL
DISCRETION. AND IT MAKES SENSE
BECAUSE JUDICIAL OFFICERS ARE
THE PEOPLE WHO SIT AND LISTEN TO
THE EVIDENCE. THEY ARE NEUTRAL
FACT FINDERS WHO HAVE AN
OPPORTUNITY TO LISTEN TO BOTH
SIDES AND TWO VICTIMS AND TO THE
DEFENSE AND TO THE PEOPLE. THE
PROBLEM IS THAT THOSE BILLS UM
SB 6 20 SB 81. WE'RE NOT
RETROACTIVE. SO UNFORTUNATELY,
WHAT WE HAVE NOW IS A CRIMINAL
JUSTICE SYSTEM THAT IS THAT HAS
BEEN FRACTURED. WE HAVE THE
PEOPLE WHO I CURRENTLY REPRESENT
, WHO HAVE JUDGES THAT HAVE THE
OPPORTUNITY TO ACTUALLY MAKE
THESE DECISIONS AND TO DO WHAT
THEY THINK IS RIGHT. AND THEN WE
HAVE ALL OF THEM MANY, MANY,
MANY YOUNG MEN OF COLOR WHO ARE
LANGUISHING IN PRISON BECAUSE
THE JUDICIAL OFFICERS THAT SAT
BEFORE THEM DID NOT HAVE THIS
CHOICE IS NOT A JUST SYSTEM.
WHEN WE HAVE TWO SEPARATE
SYSTEMS WE HAVE AS A SOCIETY
DECIDED THAT WE ARE MOVING
FORWARD AND WE ARE DOING BETTER
AND THE ONLY WAY IN ORDER FOR US
TO ACTUALLY DO THAT IS THEN TO
GO BACK AND APPLY THESE LAWS
RETROACTIVELY SO THAT THE PEOPLE
WHO HAVE SUFFERED UNDER THE ODD
DRACONIAN NONDISCRETIONARY
SENTENCING ENHANCEMENTS COULD BE
PROVIDED AN OPPORTUNITY IF THEY
HAVE EARNED IT. TO GET RELIEF.
SO UM, WITH THAT I WOULD OPEN UP
TO ANY TECHNICAL QUESTIONS THAT
MIGHT ARISE AND REITERATE MY
STRONG SUPPORT FOR THIS BILL.
THANK YOU OR ANY OTHER. IN
SUPPORT. NAME AND ORGANIZATION,
PLEASE. OKAY? DANICA ROAD ARM ON
BEHALF OF THE SAN FRANCISCO
PUBLIC DEFENDER AND SMART
JUSTICE, CALIFORNIA. LESLIE
CALDWELL, HOUSTON FOR CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION IN
SUPPORT. ANTHONY DI MARTINO ON
BEHALF OF CALIFORNIANS FOR
SAFETY AND JUSTICE AND SUPPORT.
JAMES KING WITH THE L. A. BAKER
CENTER FOR HUMAN RIGHTS AND
SUPPORT. CARMEN NICOLE COX CEO,
YOU CAL ACTION AND STRONG
SUPPORT. KELLY WALTERS ON BEHALF
OF LEGAL SERVICES FOR PRISONERS
WITH THE CHILDREN AND STRONG
SUPPORT. MORITZ COCKS. ALL OF US
ARE NONE STRONG SUPPORT. JIM
LINDBERG ON BEHALF OF THE
FRIENDS COMMITTEE AND
LEGISLATION IN CALIFORNIA IN
SUPPORT. ROY BALLARD ADVOCACY
FELLOW FOR CENTER FOR EMPLOYMENT
OPPORTUNITIES AND MEMBER OF
INITIATING JUSTICE IN STRONG
SUPPORT. ARABELLA GUEVARA, THE
YOUNG WOMAN'S FREEDOM CENTER AND
STRONGLY SUPPORT. STEPHANIE
CHARGES AND A YOUNG WOMAN'S
FAMOUS CIDER AND I SUPPORT KEN
HARTMAN FOR THE TRANSFORMATIVE,
IMPRISON WORKGROUP AND STRONG
SUPPORT. MARRY YOU, ALEJANDRA
SAID CHRIS BODIES AND NEEDLES
AND STRONG SUPPORT. THANK YOU
ARE THERE ANY WITNESSES AND
OPPOSITION?
OKAY? YOU READY, MR CHAIR AND
MEMBERS MIRA MORTON WITH STONE
ADVOCACY ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION AND OPPOSITION. WE
ARE OPPOSED TO THE BLANKET RE
SENTENCING, REGARDLESS OF THE
UNDERLYING CRIME COMMITTED BY
THE DEFENDANT FOR FIREARM
ENHANCEMENTS. THIS IS VERY
DIFFERENT TO GIVE DISCRETION TO
JUDGES GOING FORWARD AS CASES
ARISE AS TO WHETHER THEY WANT TO
USE THE FIREARM ENHANCEMENT OR
REDUCE IT. VERSUS GOING BACK AND
REVIEWING POTENTIALLY TENS OF
THOUSANDS OF CASES, THIS BROAD
STROKE APPROACH WILL POSE AN
ENORMOUS BURDEN ON THE SYSTEM
AND ALSO DREDGE UP LOTS OF
PAINFUL MEMORIES AND FOR
FAMILIES AND FOR VICTIMS WHO
WILL HAVE TO COME BACK IN AND
TESTIFY AGAIN AND RELIVE THE
EXPERIENCE IS THAT THAT HAPPENED
TO THEM IN THE PAST, AND WE ALSO
THINK JUST LOOKING AT THE DATA,
AND THE ANALYSIS FROM CDC ART
SUGGESTS THAT VERY FEW. IF ANY
OF THESE FIREMEN, HANSE MINTS
WOULD BE OVERTURNED. THE DATA
HAS SHOWN THAT NOT A LOT IS
DIFFERENT FROM THE FOR THE
BRADFORD WILL VERSUS ADD
AFTERWARDS, WHICH MEANS THAT YOU
HAVE ALL OF THIS BURDEN AND ALL
OF THIS SPRING THIS BACK UP FOR
VICTIMS AND THEIR FAMILIES WITH
POTENTIALLY VERY LITTLE CHANGE
IN THE ACTUAL ISSUANCE OF THESE
ENHANCEMENTS. THANK YOU. GOOD
MORNING. MY NAME IS PATRICK
ESPINOZA. I'M A PROSECUTOR OR A
DEPUTY DISTRICT ATTORNEY IN SAN
DIEGO COUNTY AND THE CHIEF
DEPUTY THERE, AND I COME HERE TO
TESTIFY BEFORE YOU TO OFFER SOME
PERSPECTIVES ON THE GROUND. WHAT
WILL HAPPEN AND WHAT WILL HAPPEN
IS YOU WILL PROVIDE THE
OPPORTUNITY OF RE SENTENCED SOME
OF OUR CRIMINAL OFFENDERS WHO
COMMITTED MASS SHOOTINGS. AND I
PERSONALLY ALONG WITH OUR
ELECTED DISTRICT ATTORNEY,
SUMMER STEP AND PROSECUTED CASE
WHERE A SHOOTER WENT ON TO A
SCHOOL GROUND IN ELEMENTARY
SCHOOL, KELLY ELEMENTARY SCHOOL
IN CARLSBAD AND SHOT AT TWO
SECOND GRADE GIRLS AND HIT THEM
WITH LORDS IN OUR COUNTY. WE'VE
ALSO SEEN SHOOTERS GO ON GRANITE
HILLS, HIGH SCHOOL AND ALCOHOL
AND SHOOT AND KILL STUDENTS AT
THE HIGH SCHOOL AND RECENTLY IN
THE CITY OF PALAIS IN SAMUEL
COUNTY. WE HAD A SHOOTER. GO ON
INTO A SYNAGOGUE AND SHOOTING
KILL. PEOPLE WHO WERE WORSHIPING
. THOSE ARE THE TYPES OF
INDIVIDUALS YOU WILL BE OFFERING
RETROACTIVE. REACH SENTENCING
BENEFITS TO AND I THINK THIS IS
FOR PUBLIC POLICY, PARTICULARLY
AT THIS POINT IN TIME WHEN
EARLIER IN 2023 WE SAW OVER A
SPAN. I THINK IT WAS 34 OR 44
HOURS, THREE SEPARATE INSTANCES
OF MASS SHOOTINGS. AND WE SAW A
SHOOTING YESTERDAY IN THE STATE
OF TENNESSEE, WHERE WE SAW
ELEMENTARY SCHOOL CHILDREN
KILLED BY FIREARMS, AND THERE IS
PEOPLE LOOK TO CALIFORNIA TO SAY
YOU KNOW WHAT CALIFORNIA THINK
THAT THEY HAVE IT RIGHT ON GUNS
AND WITH RESPECT TO TRYING TO
LIMIT THE ABILITY TO HAVE BAD
PEOPLE DO BAD THINGS WITH GUNS,
AND THAT'S WHY WE HAVE
SENTENCING ENHANCEMENTS WHERE WE
CAN HAVE TOOLS IN THE HANDS OF
JUDGES TO MAKE SURE THAT SERIOUS
CRIMES LIKE MASS SHOOTINGS CAN
HAVE SERIOUS PUNISHMENT. AND
WHAT THIS WILL DO. THIS WILL
GIVE RETROACTIVE. LEN ITTY. TO
SOME OF THOSE FOLKS WHO WE'VE
SENTENCED AND WE HAVE SENTENCED
TO LONG PRISON SENTENCES BECAUSE
THAT WAS A PUBLIC POLICY
STATEMENT FROM THE STATE OF
CALIFORNIA SAY YOU KNOW WHAT?
WHEN BAD PEOPLE GO ONTO OUR
SCHOOLS GO ONTO OUR ELEMENTARY
SCHOOLS ARE HIGH SCHOOLS OR GO
TO OUR PLACES OF WORSHIP AND
SHOOT PEOPLE. THERE SHOULD BE
PUNISHMENT. THAT'S OKAY BECAUSE
FOLKS LIKE THAT DESERVE
PUNISHMENT, AND THEY DESERVE
SERIOUS PUNISHMENT. THAT'S WHAT
THESE SENTENCING ENHANCEMENTS
THESE PARTICULAR ENHANCEMENTS
Dð. AND WE KNOW THE WRITING'S ON
THE WALL. BUT WE'D ASK YOU TO
TAKE A SECOND LOOK AND SAY, CAN
WE MAKE THIS BILL BETTER? WE
KNOW WHICH IS LIKE IT'S LIKELY
GONNA PASS. BUT PLEASE SOMEONE
TAKE A LOOK IN LIGHT OF RECENT
ADVANCE AND SAY, CAN WE NARROW
THIS A LITTLE BIT BETTER SO WE
CAN ENSURE CALIFORNIANS ARE A
LITTLE BIT SAFER AND THE
PUNISHMENT FITS THE CRIME. THANK
YOU. THANK YOU, ANY OTHERS IN
THE OPPOSITION? ANY OTHERS IN
OPPOSITION. CNN WILL BRING IT
BACK TO COMMITTEE MEMBERS FOR
ANY COMMENTS. NO. OH, MR LACKEY.
WHAT? YOU GONNA HAVE GREAT
RESPECT FOR THE AUTHOR. BUT, UH
. YOU KNOW THE SENSITIVITY OF
TALKING ABOUT THIS, UM THIS
BEHAVIOR IN THIS COUNTRY. AND
MISCONDUCT WITH WITH WEAPONS. IS
INTOLERABLE. UM. TOO OFTEN WE GO
AFTER THE WEAPON ITSELF. INSTEAD
OF THE BEHAVIOR WITH THE WEAPON.
AND HERE IS A CHANCE FOR US TO
MESSAGE ONCE AGAIN. THE
BEHAVIOR. AND MISBEHAVIOR WITH
THE WEAPON. DESERVES SPECIAL
CONSIDERATION. UM. AND THIS GETS
AWAY FROM AND SENDS THE OPPOSITE
MESSAGE. SO I THINK IT'S A
DANGEROUS, UH, DIRECTION. FOR
OUR PUBLIC SAFETY COMMITTEE TO
EMBRACE AND SO I CAN'T EMBRACE.
THE FACT THAT THAT'S IRRELEVANT.
THAT THIS MISCONDUCT WITH THE
WEAPON IT'S NOT ONLY IT'S JUST
HURTFUL IN EVERY ASPECT. AND SO
WE NEED TO SEND THAT MESSAGE IS
POWERFUL AS WE CAN, AND THIS
GOES THE OTHER DIRECTION, SO I
CAN'T SUPPORT THIS. ANY OTHERS.
AND YET SENTENCING ENHANCEMENTS
DID NOT STOP POWAY OR OAKLAND OR
MONTEREY PARK OR THE NEW YEAR
SHOOTINGS OR ANY OF THE MASS
SHOOTINGS. THAT WE HAVE BEEN A
VICTIM TO IN OUR SOCIETY. MOST
RECENTLY SINCE THE EXISTENCE OF
THE SENTENCING ENHANCEMENTS. AS
I UNDERSTAND IT, THIS
LEGISLATION IS ABOUT ENSURING
THAT THERE IS PARODY IN THE
APPLICATION OF SENTENCING FROM
WHAT IS CURRENT LAW TO WHAT IS
EXISTING IN PRIOR LAW, AND THAT
THERE ARE PEOPLE WHO ARE SITTING
IN OUR PERSONAL SYSTEM. TODAY WE
DO NOT HAVE THE ABILITY TO AVAIL
THEMSELVES OF THE CURRENT LAW AS
IT STANDS RIGHT NOW. AND I
APPRECIATE THE AUTHOR FOR
BRINGING FORWARD THIS
LEGISLATION. UM TO BE ABLE TO
OFFER US AN OPPORTUNITY FOR A
BALANCED APPROACH. OUR AT LEAST
AN APPROACH OF PARITY WITHIN OUR
EXISTING CAR SOURCE SYSTEM. ANY
OTHERS. YOU MAKE CLOTHES. I
WOULD LIKE TO REITERATE THAT
INDIVIDUALS THAT POSE A THREAT
TO PUBLIC SAFETY WILL NOT GET
THEIR GUN ENHANCEMENT STRICKEN.
WE ARE TRYING TO APPLY THE LAW
EQUALLY WITH THIS BILL, AND JUST
AND TRUST JUDGES TO MAKE THE
RIGHT DECISION. I RESPECTFULLY
ASK FOR AN I VOTE. THANK YOU DO
WE CAN GET A MOTION? SOME OF
CALL THE ROLL. AND MAYBE 13 10
BY SEVEN MEMBER MAKIN ER. THE
MOTION IS DUE PAST AS AMENDED TO
THE APPROPRIATIONS COMMITTEE.
JOHN SAWYER. JOHN SAWYER. I
COLONIES ANY SNOW BONTA BANTA,
I, BRIAN. BLACKIE BLACKIE NOTE.
JACKSON. SANTIAGO SANTIAGO ISA
BURR. THE MEASURES DON'T CALL
NEEDS TWO MORE VOTES. THANK YOU.
SO, MR PATTERSON.
THANK YOU, MR CHAIR, 13 A B 10
67. THANK YOU, MR CHAIR AND
MEMBERS. OF THE CHAIR. UM MR
SANTIAGO. WILL. I REMEMBER
SEEING THIS A COUPLE OF TIMES.
IT IS IDENTICAL TO UH, WHAT CAME
BEFORE? UM. JUST FOR THE NEW
MEMBERS OF THIS BILL IS NAMED
AFTER GAVIN GLADDING. HE WAS A
BELOVED VICE PRINCIPAL FROM
CLOVIS, CALIFORNIA. WAS
TRAGICALLY HIT AND KILLED IN THE
EARLY MORNING HOURS WHILE HE WAS
OUT FOR A RUN IN 2018. THE
DRIVER WHO KILLED GAVIN DID NOT
STOP DID NOT HELP. AS GAVIN LAY
THERE, CLINGING TO LIFE THAT
DRIVER FLED THE SCENE. RIGHT
NOW. THERE IS A PERVERSE
LOOPHOLE IN THE LAW, WHICH
ENCOURAGES DRIVERS UNDER THE
INFLUENCE. TO FLEE THE SCENE OF
AN ACCIDENT NOT TO STAY AND TO
HELP. BY FLEEING, THEY CAN
PURPOSEFULLY AVOID ADDITIONAL
CHARGES FOR D¯ÚI, CAUSING INJURY
OR DEATH. MAYBE 10 67 ATTEMPTS
TO CLOSE TO SOME DEGREE THAT
LOOPHOLE BY REDUCING AND
INCENTIVE TO FOR A DRIVER TO
FLEE THE SCENE AND HELP PREVENT
FUTURE. TRAGEDIES. UM HERE TO
TELL GAVIN'S STORY. AND TO
TESTIFY IN SUPPORT OF THE BILL
IS GAVIN. GLADDENS MOTHER, RITA
AND FOLLOWING RITA. WE'LL HEAR
FROM MIKE SEGURA, WHO WILL SHARE
HIS STORY OF COURTNEY KAGUTA.
THANK YOU. WHENEVER YOU'RE READY
. YOU BOTH HAVE FIVE MINUTES
ALTOGETHER. ALRIGHTY. GOOD
MORNING, CHAIRMAN. MEMBERS I'M
GAVIN'S MOTHER. THIS IS THE
FOURTH TIME SINCE 2019.
ASSEMBLY. PATTERSON HAS BROUGHT
US DISAPPEAR BEFORE YOU. I'M A
FIGHTER. A TWO TIME BREAST
CANCER SURVIVOR AND SINCE
SEPTEMBER 16TH 2018, A GRIEVING
MOTHER. I FORWARDED EACH OF YOU
A BOOK. THIS IS A BOOK THAT I
WROTE FOR OUR FOUNDATION. UM
IT'S A SHORT BOOK AS GAVIN HAD A
SHORT LIFE. MY SON POSSESSED A
GRAVITATIONAL SPHERE FOR DRAWING
PEOPLE TO HIM. 2000 PERSONS
ATTENDED HIS FUNERAL. HE WAS AN
EXCEPTIONAL MAN THIS AUGUST 2.1
MILES OF THE ROAD, KILL GAVIN
WAS RUNNING ON WILL BE DEDICATED
IN HIS NAME. GAVIN WAS ONE OF
978 PEDESTRIANS KILLED IN
CALIFORNIA IN 2018. NATIONALLY
ONE IN FOUR PEDESTRIANS ARE
KILLED BY HIT AND RUN DRIVERS
EACH DAY. THE UNLICENSED DRIVER
WHO STRUCK GAVIN FROM BEHIND,
CHOSE TO LEAVE THE BLOODY SCENE.
GAVIN WAS STILL ALIVE WHEN ROE
HELIO ALLAH VERA'S MEMORABILIA
SPED AWAY. THIS KILLER HIT OUT
FOR FIVE DAYS. READ HIS SYSTEMS
SYSTEM OF ANY ABUSIVE SUBSTANCES
, THEN TURNED HIMSELF INTO
AUTHORITIES. PLEADING NO
CONTEST. YOU GOTTA GET OUT OF
JAIL FREE CARD AND SPENT THE
NIGHT AT HOME IN THEIR OWN BED.
LATER AS A CONVICTED FELON AFTER
BEING SENTENCED TO THREE YEARS.
HE WAS FREE AFTER THAT 13 MONTHS
, 13 MONTHS FOR TAKING A LIFE. A
LOOPHOLE EXISTS IN OUR
CALIFORNIA LAW THAT SENTENCES A
DRIVER WHO HAS FLED THE SCENE TO
A 2 TO 4 YEAR SENTENCE AS
ASSEMBLYMAN PATTERSON HAS JUST
TOLD YOU WE ARE LOOKING TO
INCREASE THAT SENTENCE TO 4 TO 6
YEARS ARE VERY IMPORTANT TO
YEARS. IN AN EFFORT TO HEAL AND
HELP OTHER CALIFORNIA FAMILIES
AND CARRY ON OUR SON'S LEGACY.
OUR FAMILY HAS FOUNDED THE GAVIN
GLIDING FOUNDATION. WE FIND
RIVER CAMP. TO SEND CHILDREN TO
CAMP WE FIND STUDENTS IN HIGH
SCHOOL GOING ON TO STUDY
ENVIRONMENTAL SCIENCES GAVIN
DEAD AND, UH, WE'VE ALSO
PARTNERED WITH ANOTHER NONPROFIT
IN THE GAMBIA, AFRICA. MY SON
SERVED AND VOLUNTEERED FOR HIS
COUNTRY AS A PEACE CORPS
VOLUNTEER AND SPENT TWO YEARS
THERE. THIS HELP WILL HELP SEND
THE GIRLS TO SCHOOL FOR HIGH
SCHOOL. SO OUR FAMILY IS SO MANY
OTHERS HAVE BECOME COLLATERAL
DAMAGE LEFT BEHIND BY THE ACTS
OF HARD HEARTED, CALLOUS DRIVERS
WHO HIT AND RUN AND PLAY. MY TWO
GRANDCHILDREN. UM YOU MIGHT HAVE
ASKED HOW THEY HAVE FELT FOR THE
PAST FOUR YEARS. SIX MONTHS,
SEVEN DAYS HAVING THEIR FATHER,
NOT AT THEIR SIDES. I SURE YOU
THEIR ANSWERS WILL BREAK YOUR
HEART. A B 10 67 WILL STRENGTHEN
THE PENALTY AND AWARENESS OF
DRIVING DRUNK. AN APPEAL WRITTEN
BY GAVIN. WHILE AT THE RIVER
PARKWAY STATED TOGETHER WE CAN
TURN OUR HOPES INTO REALITIES.
PLEASE LET THIS WORK BEGIN IN
THIS ROOM TODAY. PLEASE VOTE IN
FAVOR OF GAVIN SAW 80 10 67.
THANK YOU. YES, SIR. HMM THANK
YOU, RITA. UM I'M MY COSSIGA.
I'M SPEAKING TO YOU TODAY ON
BEHALF OF MY SISTER KOURTNEY
OSSA GOTTA AND IN SUPPORT OF
GAVIN'S LAW, A B 10 67. THIS IS
MY SECOND TIME TALKING TO THIS
COMMITTEE, AND TODAY I'M ASKING
YOU CARE ABOUT COURTNEY TO CARE
ABOUT GAVIN GLADDING TO CARE
ABOUT THE OTHER VICTIMS THAT
THIS KIND OF CRIME HAPPENS TO IT
WAS A BIT OVER TWO YEARS AGO.
FEBRUARY 25TH 2021. WHEN MY
SISTER COURTNEY DIED, SHE HAD
JUST LEFT HER JOB AT A NURSING
FACILITY IN OAKLAND. SHE WAS
ABOUT TO GET INTO HER CAR WHEN
SHE WAS STRUCK SO HARD BY A CAR
SPEEDING ON THE WRONG SIDE OF
THE ROAD THAT SHE FLEW OUT OF
HER SHOES. IT'S BAFFLING. AGAIN.
THE CAR WAS DRIVING ON THE WRONG
SIDE OF THE ROAD. THEY DRIVEN
AROUND A LINE OF STOPPED, CARS
SPED UP AND HIT MY SISTER AS SHE
WAS TRYING TO GET INTO HER CAR.
SO WHAT DID THE DRIVER DO?
CERTAINLY NOT THE HUMANE THING.
SHE DIDN'T STOP. SHE DIDN'T SEE
IF MY SISTER WAS OKAY. SHE JUST
KEPT DRIVING AND LEFT HER THERE
TO DIE. MY SISTER DID NOTHING
WRONG THAT DAY, SHE WAS SIMPLY
WALKING TO HER CAR AFTER
FINISHING HER DAY AT WORK. SHE
WAS GETTING READY TO GO HOME TO
HER SEVEN YEAR OLD DAUGHTER. SHE
WAS DOING THINGS THAT WE ALL DO
EVERY SINGLE DAY. THE LAST TIME
I WAS HERE TO TESTIFY ON BEHALF
OF GAVIN'S LÀ. I DIDN'T
UNDERSTAND WHY THE DISCOURSE
REVOLVED MORE AROUND THE VICTIM
. I MEAN ABOUT BUT AROUND THE
CRIMINAL THAN THAN THE VICTIM,
UM. WHY NOT? COURTNEY'S DAUGHTER
WENT OUT OUR FAMILY. ONE OF MY
FATHER WENT OUT OF THE TWO
SISTERS, UM WE'RE LEFT WONDERING
EVERY DAY HOW WE CAN GET JUSTICE
FOR COURTNEY. WHY IS IT WHEN A
YOUNG MOTHER WHO DID NOTHING
WRONG? GET SENSELESSLY KILLED BY
A PERSON WHO LITERALLY DID
EVERYTHING WRONG? THE PERSON WHO
TOOK A LIFE CAN ONLY GET A
MAXIMUM SENTENCE OF FOUR YEARS.
HOW IS MY SISTER'S LIFE WORTH A
MAXIMUM OF FOUR YEARS IN JAIL?
IT JUST DOESN'T SEEM JUST I'M
HERE TODAY BECAUSE I WANT
SOMEONE TO CARE ABOUT MY SISTER
ABOUT GAVIN ABOUT THE OTHER
VICTIMS AND CRIMES LIKE THIS.
NOW THAT I'M IN THIS WORLD, I
REALIZED HOW OFTEN IT HAPPENS
AND TRUST ME. IT HAPPENS A LOT.
UM, THERE'S ALL KINDS OF HIT AND
RUN VICTIMS ON THE NEWS ALL THE
TIME. I'VE BEEN TOLD ANONYMOUSLY
ANONYMOUSLY ON SOCIAL MEDIA BY
ONE OF HER FRIENDS THAT THE
WOMAN WHO HIT MY SISTER WAS
DRUNK THAT DAY. UM THAT WOULD
MAKE HER PUNISHMENT GREATER. OF
COURSE. WE DON'T KNOW THAT FOR
SURE. UM, IT CAN'T BE PROVEN.
BECAUSE SHE LEFT SO WE HAVE NO
IDEA. UM AND THAT'S A LOOPHOLE
AND THAT'S WHAT A B 10 67 WILL
FIX. WE KNOW JUSTICE WASN'T
SERVED FOR GAVIN'S FAMILY. UM
THE WOMAN WHO KILLED MY SISTER
IS STILL OUT ON BAIL AND
AWAITING TRIAL. IT'S BEEN MORE
THAN TWO YEARS AND COUNTLESS
COURT HEARINGS AND FOR TWO YEARS
NOW I'VE I JUST FELT LIKE NOBODY
CARES. BUT I CAN'T ACCEPT THAT.
AND I DON'T THINK WE AS A
SOCIETY SHOULD ACCEPT THAT.
THAT'S WHY I'M HERE TODAY ASKING
FOR YOUR SUPPORT OF THIS BILL.
SO PLEASE SIT IN FRONT OF YOU
TODAY AND ASK YOU TO CARE ABOUT
THESE VICTIMS BECAUSE THIS IS
GOING TO KEEP HAPPENING, SO WE
HAVE TO DO IT FOR THE FUTURE
VICTIMS. WE HAVE TO DO IT FOR
COURTNEY AND WE HAVE TO DO IT
FOR GAVIN. THANK YOU. ANY OTHER
WITNESSES AND SUPPORT. MORTON
WITH STONE ADVOCACY ON BEHALF OF
THE CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION AND
SUPPORT ANY WITNESSES. IN
OPPOSITION. DANICA RIGHT ARM ON
BEHALF OF THE SAN FRANCISCO
PUBLIC DEFENDER AND RESPECTFUL
OPPOSITION. ANY OTHER WITNESSES
AND OPPOSITION. SEEING NONE,
BRINGING IT BACK TO COMMITTEE
MEMBERS FOR ANY COMMENTS OR
CHAIR FOR A MOMENT. UM, I THINK
FOR THE NEW MEMBERS IT WOULD BE
APPROPRIATE IF I QUICKLY
OUTLINED THE LOOPHOLE AND THE
SPECIFICS OF WHAT YOU CAN DO
THAT IN YOUR CLOTHES. OKAY,
OKAY, OKAY. YEAH I THINK IT
COMES AS NO SURPRISE THAT MOST
PEOPLE KNOW THAT I SPENT A LOT
OF TIME DEALING WITH THIS
PARTICULAR CHALLENGE. WORKING
FOR THE HIGH PATROL FOR ALMOST
30 YEARS AND WORKING DURING THE
HOURS. 20 MY 28 YEARS WAS
WORKING. WHEN MOST PEOPLE WERE
ASLEEP. AND SO. I SAW A LOT OF,
UH, A LOT. I'VE HIT AND RUN
CIRCUMSTANCES. FOR A LOT OF
DIFFERENT REASONS. PEOPLE RUN.
FEAR FOR ANY KIND OF OUTCOME.
BUT WHEN THERE'S LOTS OF LIFE IT
BECOMES ESPECIALLY EGREGIOUS. UM
. AND ALL YOU'RE ASKING FOR IN
THIS PARTICULAR MEASURE. AS THE
VIEW YOUR PRIDE PROVIDE A
DISINCENTIVE. TO RUN. UM AND I
WILL TELL YOU THAT, UH, THERE'S
A SIGNIFICANT AMOUNT OF PEOPLE
THAT RUN BECAUSE THEY KNOW
THEY'RE UNDER THE INFLUENCE. I
DON'T KNOW WHAT THOSE NUMBERS
ARE. WE'LL NEVER KNOW BECAUSE
THEY IT'S NOT PROVEN. BUT I
WOULD I WOULD HOPE THAT WE WOULD
TRY TO SEND THE MESSAGE THAT
ACCOUNTABILITY IS IMPORTANT. AND
THE PEOPLE SHOULD ONCE THEY'VE
ENGAGED IN. AND AN INTENTIONAL
ACT OR EVEN AN INTENTIONAL ACT
THAT THEY SHOULD BE NOT REWARDED
FOR RUNNING. AND THAT'S WHAT THE
CURRENT SYSTEM DOES THAT REWARDS
YOU FOR RUNNING. AND SO I'M
HOPING THAT WE WILL SEE THAT
THAT UNFAIRNESS AND SUPPORT THIS
BILL BECAUSE I CERTAINLY WILL.
THANK YOU. YOU MAY NOW CLOSE.
THANK YOU, MR MR CHAIR. BY WAY
OF A BIT OF HISTORY. UH THIS
BILL DID RECEIVE SUPPORT FROM
THIS. COMMITTEE IT DID GO TO THE
FLOOR OF THE ASSEMBLY. UM, IT
WAS PASSED. IT WENT TO THE
SENATE AND BY ONE VOTE, THE
SENATE PUBLIC SAFETY COMMITTEE
DENIED IT TO GO FORWARD. I
WANTED TO GIVE THAT HISTORY
BECAUSE WE HAVE WORKED WITH THIS
COMMITTEE AND WITH THE CHAIR THE
PRODUCT THAT IS HERE THE SIX
YEARS THAT JUDICIAL REVIEW
INTACT UH, IN ADDRESSING WHAT.
HAS BEEN DESCRIBED AS THIS
LOOPHOLE WE THINK IS A
REASONABLE AND IT WILL BE FAIRLY
. JUDI KATE ID AND JUDGES WILL
USE THEIR DISCRETION ON THIS,
BUT GIVEN HISTORICAL BACKS OF
SOME CASES. WHICH SEEMED TO ME
THAT JUDGES MAY VERY WELL WANT
TO LOOK AT AT A SIX YEAR MAXIMUM
USING JUDICIAL UM, REVIEW. UH,
REMEMBER THIS? THIS IS ABOUT
THOSE WHO RUN. UH, IN THE CASE
OF THE PERSON THAT STRUCK GAVIN.
UM. IMMEDIATELY ATTEMPTED TO
HIDE THE EVIDENCE. AH! REACHED
OUT TO INDIVIDUALS TO TRY TO
COVER UP THE DAMAGE ON THE CAR.
UM AND, AS WAS REPORTED HERE BY
THE MOTHER, UM YEAH. HE WAS
ALIVE AT THE TIME HE WAS HIT AND
WAS LEFT TO DIE. UM AND SO I
THINK THAT WHAT WE'VE TRIED TO
DO AND FRANKLY, WITH THE HELP OF
THE COMMITTEE THAT WE WERE
LOOKING AT DIFFERENT, UH,
PENALTY NUMBERS, AND ALL OF THAT
WE ACCEPTED. AMENDMENTS AND
ADVICE FROM THE COMMITTEE. AND
SO WE MADE IT TO SIX YEAR. AND
OBVIOUSLY, JUDICIAL DISCRETION
REMAINS. AND WE HOPE THAT YOU'LL
CONSIDER THIS AS A REASONABLE
EFFORT TO SORT OF MOVE THE, UH,
PENALTY A LITTLE CLOSER TO THE
EGREGIOUS NATURE OF THE ACT. AND
I APPRECIATE YOUR CONSIDERATION
AND HOPE THAT YOU CAN VOTE THIS
THROUGH. THANK YOU. IS THERE A
MOTION? OCEAN. IS YOUR SECOND?
YEAH, YES, YES, WE CAN DO THAT.
ALSO. THANK YOU. GO AHEAD, CALL
THE ROLL. MAYBE 10 67 BY SOME
REMEMBER JIM PATTERSON. THE
MOTION IS PASSED TO THE
APPROPRIATIONS COMMITTEE. JOAN
SAWYER. YOU'RE NOT VOTING ELONIS
. DENISE. I BANTA BANTA NOT
VOTING, BRIAN. BLACKIE BLACKIE.
I JACKSON. SANTIAGO. AYE,
SANTIAGO. I ZIPPER. ZIPPER? AYE.
YOU NEED ONE MORE. THE MEASURES
DON'T CALL. APPRECIATE THAT.
THANK YOU VERY MUCH MEMBERS.
NEXT, MR GIBSON. UH, 10. 85 80.
MAYBE 10 89. I'M SORRY. ITEM
NUMBER 14. THANK YOU VERY MUCH.
MR CHAIRMAN AND MEMBERS. THANK
YOU FOR ALLOWING ME TO PRESENT
AH, I'M VERY GRATEFUL TO BABY TO
PRESENT TO YOU. ASSEMBLY BILL 10
89, WHICH AIMS TO CLOSE AN
ADDITIONAL ANY ADDITIONAL
LOOPHOLE SURROUNDING GHOST GUNS
SPECIFICALLY TO LIMIT THOSE WHO
KEEP FINDING WAYS TO BREAK THE
LAW IN THIS STATE BEFORE I
START. I WANT TO THANK THE
COMMITTEE. THE COMMITTEE, THE
CHAIRMAN AS WELL AS THE
COMMITTEE STAFF, WORKING CLOSELY
WITH MY TEAM, AND I WILL BE
ACCEPTING THE AMENDMENTS OFFERED
BY THE COMMITTEE. UM TODAY
ASSEMBLY BILL 10 89 WILL
STRENGTHEN OUR STATE LAWS
REGULATING THE SALE AND USE OF
GHOST GUNS, MANUFACTURING
MANUFACTURING MACHINES. AH THIS
BILL BUILDS UPON AND MANY OF YOU
WHO WAS HERE LAST YEAR OF
SUPPORTED IN BOTH HOUSES.
ASSEMBLY, BILL. UM UM 8 79,
WHICH SEEKS TO REQUIRE STATE
BACKGROUND CHECKS, UM, OF
INDIVIDUALS SEEKING TO PURCHASE
FIREARMS FRAMES AND RECEIVERS,
AND ALSO WE WENT FURTHER. AND
THIS BUILDING BOTH HOUSES
SUPPORTED ASSEMBLY BILL 16 21,
WHICH BANDS GHOST GUNS, KIDS.
WE'RE VERY GRATEFUL TO OUR
GOVERNOR, GAVIN NEWSOM FOR
SIGNING BOTH BILLS INTO LAW
ASSEMBLY BILL 10 89, WHICH MAKES
IT CLEAR THAT ONLY STATE
LICENSED FIREARM MANUFACTURERS
ARE THE ONLY ONES ALLOWED TO USE
THESE THREE D PRINTERS AND THE C
N C MEAL MACHINES TO PRODUCE
FIREARMS. IT WOULD ENSURE THAT
COMPANIES SELLING THESE MACHINES
CAN BE SUED BY THE VICTIM'S
HARMED BY THE THEIR CONDUCT AS
WELL AS THEIR PRODUCTS. LASTLY
THIS BILL WILL ALLOW IN AN
INDIVIDUAL TO BRING CIVIL ACTION
WHEN THESE HARMS ARE BY SOMEONE
WHO DISTRIBUTE THE DIGITAL CODE
USED TO PROGRAM THESE MACHINES
TO PRINT THE PRODUCTS. UM
FIREARMS THAT'S BEFORE YOU TODAY
THERE'S SOME BODY INTO 10 89. I
WANT TO TELL YOU A STORY. A
STORY THAT THIS COMMITTEE HEARD
BEFORE, BUT YOU WAS HERE LAST
YEAR. YOU KNOW THIS STORY VERY
WELL. IT'S ABOUT A FATHER WHO
HAD A DOMESTIC VIOLENCE DISPUTE
WITH HIS WIFE. A DIVORCE TOOK
PLACE AND BECAUSE OF THE WORK
THAT THIS BODY HAS DONE, THERE
WAS A REGISTERED OWNER BY THE
HUSBAND. THE FAR ARM WAS TAKEN
OUT OF THE HOME. BUT THIS
FATHER, DAVID MORA, UM, MADE AN
A R 15 AND GHOST GUN. HE HAD
SUPERVISED VISITATION TO SEE HIS
BEAUTIFUL THREE VIVACIOUS, UH
DAUGHTERS. WITH A SUPER
UNSUPERVISED CHAPERONE. WELL HE
WENT AND MADE RESIDENT MADE
ARRANGEMENTS TO MEET HIS THREE
DAUGHTERS AT CHURCH. HE WENT TO
THAT CHURCH. IN SACRAMENTO THAT
I DID, SAY SACRAMENTO. IN
SACRAMENTO. AND HE USED THE R 15
AND KILLED HIS THREE DAUGHTERS
AT CHURCH. THEY THE SUPERVISED
CHAPERONE, WHICH IS A SOCIAL
WORKER. AND THEN HE KILLED
HIMSELF. AND LAW ENFORCEMENT.
DON'T KNOW HOW HE GOT THIS GUN.
HE MADE THIS GUN. IT WAS A R 15.
IT WAS IN FACT, A GHOST GUN, AND
THIS HAPPENED LAST YEAR MARCH
MADE ONE YEAR AGO SINCE APRIL
2021 MR MORALS, UM, WAS UNDER A
RESTRAINING ORDER AND THAT
PROHIBIT HIM FROM POSSESSING
FIREARMS, AND AUTHORITIES STILL
DON'T KNOW HOW HE GOT HIS HANDS
ON MAKING, UM, THIS ILLEGAL GUN,
BUT HE DID. AND HE TOOK HIS LIFE
AS WELL AS HIS DAUGHTER AND THE
SOCIAL WORKER. AS A LAWMAKER. WE
HAVE RESPONSIBILITY AND
OPPORTUNITY TO INFLUENCE
POSITIVE CHANGE IN OUR
COMMUNITIES IN WHICH WE
REPRESENT AND SO TODAY, I HAVE
THE PLEASURE OF HAVING WITNESSES
IN SUPPORT OF ASSEMBLY BILL 10
89 WITH ME, REBECCA. MARCUS AND
ALSO JAMIE MINOR REPRESENTING
GIFFORD, WHO WILL SPEAK IN
SUPPORT OF ASSEMBLY BILL 10 89.
THANK YOU. GOOD MORNING, JAMIE
MINOR ON BEHALF OF OH, THANK
YOU. ON BEHALF OF THE GIPPER'S
LOSS CENTER TO PREVENT GUN
VIOLENCE, THE PROUD CO SPONSOR
OF HB 10 89 IN RECENT YEARS, AS
MENTIONED BY THE ASSEMBLY MEMBER
IN A SPECIALLY SINCE THE START
OF THE PANDEMIC, CALIFORNIA
SUFFERED AN EXPLOSION IN THE
MARKET FOR DO IT YOURSELF GHOST
GUN, BUILD KITS AND RELATED
PRODUCTS THAT ALLOW PEOPLE TO
EASILY ASSEMBLE THEIR OWN
FIREARMS WITHOUT ANY BACKGROUND
CHECKS. OR OTHER PROTECTIONS.
THE GHOST GUN INDUSTRY SOLD ITS
GUN KIT PRODUCTS DIRECTLY
IMMEDIATELY AND OFTEN
ANONYMOUSLY OVER THE INTERNET TO
BUYERS, INCLUDING CHILDREN AND
TEENS WHO NEVER PASSED THE
BACKGROUND CHECK OR GUN SAFETY
TESTS AND NEVER SHOWED I D
VERIFYING THEIR AGE OR IDENTITY
. OUR ORGANIZATION IS PROUD TO
HAVE PARTNERED WITH
ASSEMBLYMEMBER'S GIBSON, THIS
COMMITTEE AND THE LEGISLATURE TO
INTRODUCE THE NATION'S FIRST AND
MOST COMPREHENSIVE GHOST GUN
BILL. REFORM BILL BACK IN 20.
THE 16 AS WELL AS THE NATION'S
STRONGEST GHOST GUN REFORM
LEGISLATION LAST YEAR. EARLY
INDICATIONS SUGGEST THAT NEW
REFORMS HAVE HAD ENORMOUS
SUCCESS IN DRIVING, LEADING
GHOST GUN SELLERS AND
MANUFACTURERS TO CHANGE THEIR
BUSINESS PRACTICES OR STOP
SELLING GHOST GUN PRODUCTS IN
CALIFORNIA. HOWEVER WE HAVE ALSO
SEEN HOW SOME COMPANIES HAVE
SOUGHT TO CIRCUMVENT THESE
REFORMS BY OPENLY SELLING AND
MARKETING DIGITALLY PROGRAMMABLE
MACHINES, INCLUDING GHOST GUNS,
PRINTING THREE D PRINTERS THAT
ENCOURAGED UNLICENSED
MANUFACTURERS TO PRODUCE KEY
FIREARM PARTS. WITH THE PRESS OF
A BUTTON. THESE COMPANIES ARE
ENCOURAGED UNLICENSED
MANUFACTURERS TO BREAK THE LAW
AND PRINT THEIR OWN FIREARMS
WITHOUT ANY BACKGROUND CHECK OR
SERIAL NUMBER. MAYBE 10 89 WILL
BUILD ON CALIFORNIA'S RECENT
GHOST GUN REFORMS AND STRENGTHEN
OUR LAWS TO PROACTIVELY STOP
THESE ABUSIVE AND DANGEROUS
PRACTICES AND STOP THE SALE AND
PURCHASE OF GHOST GUN
MANUFACTURING MACHINES.
SPECIFICALLY THIS BILL WOULD
CLARIFY AND STRENGTHEN
CALIFORNIA'S LIMITATIONS ON THE
SALE OF GHOST GUN MANUFACTURING
MACHINES AND HOLD INDIVIDUALS
ACCOUNTABLE FOR HARMS CAUSED BY
THEIR DISTRIBUTION. WE WANT TO
THANK THE COMMITTEE FOR
CONTINUING TO DISCUSS. HOW DO WE
REFINE THE BILLS? KEY FOCUS OF
STRENGTHENING MECHANISMS OF
ACCOUNTABILITY AND LIABILITY FOR
COMPANIES THAT ARE KNOWINGLY AND
RECKLESSLY CAUSING OR
ENCOURAGING UNLICENSED
MANUFACTURERS IN CALIFORNIA TO
VIOLATE CALIFORNIA LAW. THIS
BILL WILL URGENTLY ADDRESS
DANGEROUS ATTEMPTS TO UNDERMINE
CALIFORNIA'S LIFESAVING GHOST
GUN REFORMS BEFORE THEY CAN TAKE
ROOT AND FUEL THE NEXT
GENERATION OF PURPLE EIGHT
PERIPHERAL ELATION OF
UNREGULATED GHOST GUNS IN OUR
COMMUNITIES FOR THESE REASONS,
GIFFORD STRONGLY SUPPORTS MAYBE
10 89 AND ASK FOR YOUR VOTE.
THANK YOU. YES. GOOD MORNING
CHAIR AND MEMBERS REBECCA
MARCUS, REPRESENTING CO SPONSOR
BRADY CAMPAIGN AND STRONG
SUPPORT OF MAYBE 10 89. GHOST
GUNS CIRCUMVENT ER UNDERMINED
ALMOST EVERY STATE AND FEDERAL
GUN VIOLENCE PREVENTION LAW.
THEY INCLUDE THEY CAN CIRCUMVENT
WAITING PERIODS. ASSAULT WEAPONS
BANS AGE RESTRICTIONS ON PURPOSE
AND, MOST IMPORTANTLY,
BACKGROUND CHECKS, WHETHER
ASSEMBLED FROM UNREGULATED PARTS
OR PARTS PRINTED FROM A THREE D
PRINTER, GHOST KINDS OF CAUSED
HAVOC AND COMMUNITIES ALL OVER
THE STATE LAST YEAR, YOU ALL SET
ENOUGH AND PAST TWO OF THE
STRONGEST LAWS REGULATING GHOST
GUNS. HOWEVER DESPITE THE
IMMEDIATE AND LIFE SAVING IMPACT
OF THE PASSAGE AND
IMPLEMENTATION OF THESE BILLS,
CERTAIN GHOST GUN INDUSTRY
MEMBERS HAVE WORKED DILIGENTLY
TO FIND A WAY AROUND THE LAW AND
SUBSEQUENTLY CONTINUE TO SELL
GHOST CAN MANUFACTURING MACHINES
. THESE MACHINES ARE
SPECIFICALLY DESIGNED AND
INTENDED TO ALLOW ANYONE TO
PRODUCE FIREARMS OR FIREARM
FRAMES OR RECEIVERS WITH LITTLE
MORE THAN A BUTTON. PRESS OF A
BUTTON. THESE INDUSTRY MEMBERS
ARE INTENTIONALLY CIRCUMVENTING
THE INTENDED PURPOSE OF BOTH A B
16 21 AND 18 21 56 AT THE RISK
OF PUBLIC HEALTH AND SAFETY. A B
10 89 CAN PREVENT THESE
BUSINESSES FROM UNDERMINING YOUR
WORK FOR THEIR PROFIT. FOR THESE
REASONS, THE BRADY CAMPAIGN
URGES YOUR SUPPORT OF A B 10 89
. THANK YOU ARE DOING THE OTHERS
IN THAT POSITION IN SUPPORT.
SORRY. MARY LOU ROSETTE O YOLO
COUNTY BOMBS DEMAND ACTION
VOLUNTEER IN SUPPORT. HI MY NAME
IS BECKY ARENA, AND I'M A MOMS
DEMAND ACTION VOLUNTEER IN MARIN
AND I ASKED FOR AREAS FOOD. GOOD
MORNING. THANK YOU FOR HAVING
US. MY NAME IS ROMEO WEB FROM
OAKLAND, CALIFORNIA GUN VIOLENCE
SURVIVOR AND PROUD TO BE IN
SUPPORT OF MAYBE 10 28 V 10 89.
AND WAS RUSSELL FROM NAPA. I AM
A GUN VIOLENCE, SURVIVOR AND
MOMS DEMAND VOLUNTEER AND I ALSO
ASK YOUR SUPPORT FOR THIS BILL.
GOOD MORNING. I'M CHERYL DAVIS
AND WITH FULSOME FROM FOLSOM. UM
AND MOMS DEMAND ACTION VOLUNTEER
AND I URGE YOUR YES. VOTE ON
THIS BILL. THANK YOU. THANK YOU,
ARTIE, ANY WITNESSES AND
OPPOSITION? NO LAST TIME YOU HAD
A BULLETPROOF VEST. DON'T HAVE A
GHOST GUN ON YOU, DUDE. I DID
SEE I TOLD HIM TO LEAVE THE
PROPS AT HOME. MR CHAIRMAN,
MEMBERS OF THE COMMITTEE FOR THE
RECORD, DAN REED WITH NATIONAL
RIFLE ASSOCIATION, ALSO HERE FOR
NATIONAL SHOOTING SPORTS
FOUNDATION TODAY. IN OPPOSITION
TO MAYBE 10 89. AMERICANS HAVE A
RICH HISTORY AND TRADITION OF
SELF MANUFACTURING FIREARMS,
WHETHER IT BE HOBBYISTS GOING
BACK BEFORE THE REVOLUTIONARY
WAR, RIGHT? AND WITH THE RECENT
SUPREME COURT DECISION IN BRUIN
, ONE OF THE KEY THINGS THAT
YOU'RE LOOKING AT IS A
HISTORICAL ANALOG TO THE TYPES
OF RESTRICTIONS. UM AND WITH
THIS TYPE OF LEGISLATION IT'S
JUST NOT GOING TO GET TO THE
CRIMINAL ELEMENT. WHEN YOU THINK
ABOUT IT. WE HAVE LAWS REGARDING
THE SELF MANUFACTURING OF
FIREARMS WHERE YOU'RE SUPPOSED
TO GO THROUGH. GET A SERIAL
NUMBER ETCETERA, AND THE LAW
ABIDING PEOPLE ARE OUT THERE
DOING THAT, AND THE CRIMINALS
ARE JUST THEY'RE NOT GOING TO
COMPLY WHETHER WE CONTINUE TO
TACK ON AN ATTACK ON UM, THIS IS
DUBIOUS WHEN IT COMES TO
SURVIVING A COURT CHALLENGE.
THERE'S NOT ONLY THE SECOND
AMENDMENT ISSUES, BUT ALSO SOME
TAKING HIS ISSUES WHERE YOU HAVE
MACHINES THAT MAYBE NOT MARKETED
IN A SIMILAR WAY ARE GOING TO BE
NOT FAZED, WHEREAS OTHERS SO IT
COMES DOWN TO SOME WORDS, BUT AT
THE END OF THE DAY, I THINK THAT
WE REALLY NEED TO JUST FOCUS ON
THE CRIMINAL ELEMENT OUT THERE
AND JUST NOT CONTINUE TO PILE
ONTO THE LAW ABIDING CITIZENS.
AND WITH THAT WERE IN
OPPOSITION. THANK YOU. MR
CHAIRMAN AND MEMBERS. THANK YOU
FOR ALLOWING US TO BE HERE AND
TESTIFY. SAM PAREDES,
REPRESENTING GOVERNMENTS,
CALIFORNIA AND THE CALIFORNIA
RIFLE AND PISTOL ASSOCIATION.
LAST TIME I WAS HERE, THERE WAS
SOME MEMBERS WHO ALLUDED THAT
YOU KNOW THEY'RE USED TO HEARING
OUR ARGUMENTS WELL, THAT'S
BECAUSE THEY'RE TRUE. IN FACT,
THIS BILL, UM WILL AFFECT YOU
HAVE TO UNDERSTAND IT. EVERY
THREE D PRINTER AND EVERY CNC
MACHINE IN THE STATE OF
CALIFORNIA IS CAPABLE OF MAKING
THESE KINDS OF PARTS, EVERYONE
SO YOU KNOW, YOU'RE SAYING WELL,
THESE ARE BEING MARKETED AS
SPECIFIC. YEAH BUT THE GUY CAN
MAKE TOYS OR CANDLES. WHATEVER
HE WANTS TO DO OUT OF THAT SAME
THREE D PRINTER AS WELL. SO UM,
I DON'T KNOW HOW THIS IS GONNA
BE ENFORCED. LORD I'M SORRY
ABOUT THAT FOR FORGIVENESS RIGHT
NOW, UM SO IT'S IT IMPACTS
POTENTIALLY THREE D PRINTERS AND
CNC MACHINES. ACROSS THE BOARD.
UM WE THINK THAT'S THAT'S A
LITTLE BIT OF A PROBLEM. AND AS
MY COLLEAGUE POINTED OUT THAT,
UM, THE NEW YORK STATE RIFLE AND
PISTOL ASSOCIATION VERSUS BRUIN
DECISION HELD THAT YES, THERE
WERE LEGISLATURES ACROSS THE
COUNTRY CAN CONSIDER GUN CONTROL
LAWS. IT'S NOT A STRAITJACKET
AGAINST DOING THAT. BUT IT'S
ALSO NOT A BLANK CHECK. AND THEN
LET US GIVE YOU THE STANDARD BY
WHICH TO EVALUATE YOUR
CONSIDERATION OF THESE BILLS. UM
YOU KNOW WHETHER THEY AFFECT THE
SECOND AMENDMENT AND IN THIS
CASE, IT ALSO AFFECTS THE FIRST
AMENDMENT BECAUSE FEDERAL COURTS
HAVE ALREADY DEEMED THAT IT IS
UNCONSTITUTIONAL TO PREVENT THE
DATA FOR PROGRAMMING. THREE D
PRINTERS AND, UM CNC MACHINES.
IS PROTECTED BY THE FIRST
AMENDMENT, BUT IT SAYS THAT IF
THERE IS NO HISTORICAL ANALOG
FOR THIS TYPE OF LAW, AND IT
DOESN'T HAVE TO BE A TWIN, BUT
IF THERE IS NO HISTORICAL ANALOG
GOING BACK TO 17 91 NOT POST
RECONSTRUCTION. AH YOU KNOW,
AFTER THE CIVIL WAR WHEN THE, UH
ONE PARTICULAR PARTY WAS AFTER
GUN CONTROL LAWS IN ORDER TO
PREVENT FORMER SLAVES FROM FROM
ACQUIRING GUNS TO PROTECT
THEMSELVES THAT WERE NOT THAT
PERIOD OF TIME. DOESN'T IT GOES
ALL THE WAY TO 17 91 IF THERE IS
NO HISTORICAL ANALOG THEN IT'S
BY DEFINITION UNCONSTITUTIONAL
AND THE BURDEN OF PROOF GOES TO
THE GOVERNMENT TO PROVE THAT
THERE IS A HISTORICAL AND LOCK
THIS IS GOING TO GO TO COURT.
UM, THE MANUFACTURERS OF ALL
KINDS OF THREE D AND, UM, CNC
MACHINE. APPARATUSES ARE
CERTAINLY GOING TO CHALLENGE
THIS IN COURT, AND THEY WILL
CERTAINLY WIN AND AGAIN, THE
TAXPAYERS OF THE STATE OF
CALIFORNIA WILL BE GOING TO PAY
THE ATTORNEY'S FEES OF ARE
FOLKS, SO THAT'S THE REALITY
LIKE IT OR NOT, IF YOU DOUBT US
TECH CHECK THE TRACK RECORD OF
WHAT'S HAPPENING AND LAWSUITS
FROM CEDAR SHINING SEA WHERE
WINNING LIKE ALL OF THEM BASED
ON THE LOGIC THAT WE ARE PUTTING
FORTH HERE. ALL OF THEM. SO
THANK YOU FOR THE OPPORTUNITY TO
SHARE WITH YOU. I'M SURE THERE
WILL BE SOME PITY COMMENTS IN
RESPONSE TO WHAT WE SAID. THANK
YOU. THANK YOU. ARE THERE ANY
OTHER WITNESSES AND OPPOSITION?
SEEING NONE WILL BRING IT BACK
TO COMMITTEE, BILL. THANK YOU.
ANY OTHER. COMMENTS WELCOME THIS
IS THE BIRD. SO I MEAN, I HAVE A
HARD TIME SEEING HOW QUOTE, LAW
ABIDING CITIZENS, UM, ARE SORT
OF USING. THIS TO BASICALLY MAKE
WEAPONS OF WAR. IT SEEMS TO ME
LIKE IT'S A CLEAR UM, STRATEGY
TO GET AROUND BACKGROUND CHECKS
AND ALL OF THE THINGS THAT WE
NEED TO PROTECT OUR KIDS AND OUR
FAMILIES AND PEOPLE IN SCHOOLS
AND SHOPPING CENTERS AND EVERY
PLACE ELSE. I JUST DON'T WANT TO
SEE A WORLD WHERE BASICALLY
WE'VE GOT THESE WEAPONS OF WAR
IN THE STREET. WE NEED TO CLOSE
EVERY LOOPHOLE. I WANT TO THANK
THE AUTHOR AND I WANT TO THANK
THE BRADY CAMPAIGN AND EVERY
TOWN AND MOMS DEMAND ACTION. AND
EVERYONE WHO'S HERE TODAY FOR
SUPPORTING THIS BILL. I THINK
IT'S A GOOD BILL. UM, YOU KNOW I
ALSO, YOU KNOW, NO, THE FOLKS
THAT ARE ADVOCATES FOR THIS, AND
FRANKLY, I AM COMFORTABLE THAT,
UM UH, THAT THEY'VE GOT GOOD
FOLKS WITH LEGAL STRATEGIES IN
PLACE, AND OF COURSE WE'LL WE'LL
DO EVERYTHING POSSIBLE TO DEFEND
THIS. AND AS IT MAKES ITS WAY
THROUGH THE COURTS, AND FRANKLY,
I THINK WE AT THIS POINT, JUST
NEED TO DO EVERYTHING WE CAN,
YOU KNOW, DESPITE THE FACT THAT
THERE MAY BE RISKS OUT THERE, SO
I WILL BE SUPPORTING THE BILL,
AND I JUST WANT TO THANK ALL OF
YOU FOR BRINGING IT IN FOR THE
AUTHOR. THANK YOU DOING IT
TODAY. THANK YOU. NO OTHER
COMMENTS. YOU MAKE CLOTHES.
THANK YOU VERY MUCH. MR CHAIRMAN
AND COMMITTEE AND THANK YOU VERY
MUCH FOR, UM THE COMMENTS OF THE
MADE BY THE COMMITTEE
SPECIFICALLY. UM I WANT TO SAY,
UH, WHAT SHOULD WE DO? SHOULD WE
JUST SIT AROUND AND DO NOTHING?
SHOULD YOU KNOW? SHOULD THE
FAMILIES WHO LOST THEIR LOVED
ONES AND SANDY HOOK, NOT
ADVOCATE. POWER AWAY.
MISSISSIPPI TEXAS, GEORGIA.
MISSOURI SACRAMENTO, GEORGIA.
PENNSYLVANIA. AYE. WISCONSIN SHE
WOULD JUST SIT AROUND, DO
NOTHING. I WOULD SAY WE SHOULD
CONTINUE TO MOVE AHEAD. WE
CONTINUE TO CLOSE EVERY LOOPHOLE
THAT'S OUT THERE TO MAKING SURE
THAT WE THAT OUR CHURCHES, OUR
SYNAGOGUES AT OUR PLACE OF
WORSHIP, OUR DANCE HALLS ARE
SAFE. UM WHEN IS ENOUGH IS
ENOUGH WHEN WE'RE WHEN WE'RE NO
LONGER TURNING ON THE NEWS? UM
AND THE NEWS REPORTING IS
SHOWING THAT THERE IS NO MORE
MASS SHOOTINGS. THAT'S WHEN I
THINK WE'VE DONE ENOUGH, BUT
RIGHT NOW WE JUST HAD SIX PEOPLE
LOSE THEIR LIVES. UH SIX PEOPLE
, UH, THREE CHILDREN AND THREE
ADULTS JUST IN TENNESSEE ALONE.
UH WHEN IS WHEN DO WHEN CAN WE
GET ON THE SAME PAGE? THAT LIFE
IS MORE PRECIOUS THAN THE GUNS
THAT WE COLLECT AND USE TO GO
INTO A MOVIE THEATERS AND SHOOT
UP PEOPLE. WHEN WHEN, WHEN? WHEN
IS ENOUGH IS ENOUGH. AND I YOU
KNOW, I'VE HEARD YOU KNOW THIS,
UM FROM THOSE WHO ARE WHO ARE
OPPOSITION TO THIS BILL, AND I
UNDERSTAND, UH, THAT YOU MADE,
YOU KNOW, PEOPLE IN GLASS HOUSES
SHOULD NOT THROW STONES, BUT UM
, FOR ME, AND FOR THE COMMUNITY
IN WHICH I REPRESENT. I WILL
CONTINUE TO BRING FORTH GOOD
POLICY, SENSIBLE POLICY AND LAW
ABIDING CITIZENS WILL DO JUST
THAT THEY WILL OBEY THE LAW IS
THE ONES THAT REFUSED TO BAIL
THE BAY. THE LAW IS THE ONES
THAT THESE KINDS OF POLICIES ARE
SEEKING TO MAKING SURE THAT OUR
OUR GUNS ARE RESTRICTED. DAVID
MOORE, HE TOOK THREE OF HIS
BEAUTIFUL DAUGHTERS AND THE
SOCIAL WORKER RIGHT HERE IN
SACRAMENTO AT CHURCH, A PLACE OF
WORSHIP. HE TOOK THEIR LIVES
AFTER BEING HIS WEAPON BEING
TAKEN AWAY. HE MADE A THREE HE
MADE A R 15 USING A THREE D
PRINTER. AND A KID TO TAKE HIS
DAUGHTER'S LIVES AWAY, AND I
SIMPLY WANT TO THANK GIFFORD
BRADY. EVERY TOWN MOMS DEMAND
ACTION AND EVERYONE WHO'S
TESTIFIED IN SUPPORT OF THIS
BILL. I BELIEVE WE ARE MOVING
INTO THE RIGHT DIRECTION, AND I
RESPECTFULLY ASKED WHAT I VOTE
TO CLOSE THIS LOOPHOLE IN 10 89.
THANK YOU. THANK YOU. UH, HERE'S
RECOMMEND I VOTE. LET'S THE
EMOTION. OKAY. OKAY, LET'S CALL
FOR THE VOTE. MAYBE 10 89 BY
SOME MEMBER GIBSON. THE MOTION
IS DUE PASS AS AMENDED TO THE
JUDICIARY COMMITTEE. JOAN SAWYER
I COLONIES. BANTA. BRIAN ALL
RIGHT, BRIAN, I LACKEY JACKSON.
SANTIAGO. ZIPPER. AYE. MEASURES
ON THE CALL NEEDS TO MORE. THANK
YOU. UM WHOM. THE WAY VOLUNTEER
OLD WOULD DO COLLAR. MR BRYAN.
VOLUNTEERS YOU K¾T.
21. ITEMS 21 80 12 66
INFRACTIONS WARRANT AND
PENALTIES. GOOD MORNING, MR
CHAIR AND COLLEAGUES. I COME
BEFORE YOU TODAY ON BEHALF OF
ASSEMBLYMEMBER'S KALRA TO
PRESENT A B 12 66, WHICH
ADDRESSES THE DISPARITY OR THE
DESPERATE PUNISHMENT OF LOW
INCOME PEOPLE. THAT IS A THAT
HAS DONE LITTLE TO FURTHER
PUBLIC SAFETY BY PROHIBITING THE
ISSUANCE OF A BENCH WARRANT.
UNDERLYING CHARGE IS MERELY AN
INFRACTION. EACH YEAR, THREE
MILLION LOW LEVEL INFRACTIONS
ARE PROCESSED IN CALIFORNIA
COURTS. THESE MINOR OFFENSES CAN
INCLUDE TRAFFIC VIOLATIONS THAT
ARE PUNISHABLE BY A FINE AND DO
NOT REQUIRE COURT APPEARANCE AS
LONG AS THE TICKET IS PAID.
HOWEVER DESPITE RECENT REFORMS,
JUDGES CAN STILL ISSUE BENCH
WARRANTS FOR ARREST IN CASES
WHERE A PERSON FAILS TO APPEAR
IN COURT OR PAY A CITATION.
ARRESTING A PERSON UNABLE TO PAY
A FINE NOT ONLY FURTHER DRIVES
THEM INTO POVERTY, BUT CAN HAVE
ADVERSE LONG TERM AND IMMEDIATE
IMPACT ON THEIR ABILITY TO
SECURE HOUSING EMPLOYMENT. AND
HIGHER EDUCATION OPPORTUNITIES
FOR THE MORE 2016 REPORT
SHOWCASED THAT BENCH WARRANTS
HAVE DISPROPORTIONATELY TARGETED
LOW INCOME PEOPLE OF COLOR. FOR
EXAMPLE, IN SAN FRANCISCO,
DESPITE BEING ONLY 5.8% OF THE
POPULATION, BLACK PEOPLE MADE UP
ALMOST 49% OF THOSE ARRESTED FOR
FAILURE TO APPEAR. OR TRAFFIC
FINES, AND MOST OF THESE ARRESTS
OCCURRED IN NEIGHBORHOODS WITH
HIGH POVERTY AND UNEMPLOYMENT
RATES. INFRACTION BENCH WARRANTS
HAVE FUNCTIONED AS A DEBTOR'S
PRISON, CREATING A SYSTEM WHERE
PEOPLE WHO HAVE MONEY FOR FINES
NEVER EVEN HAVE TO APPEAR IN
COURT, WHILE THOSE WERE UNABLE
TO PAY CAN BE ARRESTED FOR MINOR
TICKETS. AND INCARCERATED FOR
COST EVEN GREATER THAN THE
INFRACTION THEMSELVES. WITH ME
TO TESTIFY. AND SUPPORT
STEPHANIE COMPOST, BUOYANT,
ASSISTANT CLINICAL PROFESSOR AT
UC BERKELEY SCHOOL OF LAW, AND
TIMOTHY MEYER, WHO HAS BEEN
DIRECTLY IMPACTED BY THESE KINDS
OF POLICIES. THANK YOU. HI MY
NAME IS TIMOTHY MYLAR AND I HAVE
BEEN IMPACTED BY THIS. I LIVE
HERE IN SACRAMENTO. OVER THE
LAST DECADE, I'VE BEEN ISSUED
MULTIPLE BENCH WARRANTS FOR NOT
NOT BEING ABLE TO PAY A FINE TO
BE HONEST WITH YOU. MY FIRST
TICKET WAS NOT USING MY BLINKER.
SINCE THEN. IT'S JUST BEEN
DOWNHILL. UM THAT'S CRAZY TO ME.
THAT'S JUST CRAZY HAVING A
WARRANT OUT FOR MY ARREST
BECAUSE I DO NOT BECAUSE I DON'T
HAVE THE MONEY TO PAY THE FINE.
DOESN'T MAKE ANY SENSE TO ME. UM
I KNOW THAT WHAT WHATEVER THE
TICKET WAS FOR. I REALIZED THAT
IF THAT WAS MY BAD, MY WRONG I
SHOULD HAVE, YOU KNOW, SORT OF
USING MY BLINKER. UM I DON'T
THINK IT'S FAIR THAT THEY
CONTINUE NOT ONLY TO ARREST ME
FOR THIS ONE TICKET BECAUSE I
HAVEN'T BEEN ABLE TO PAY THE
FINE, BUT THEY CONTINUE ON AND
ON AND ON A BENCH WARRANT AND
BECOMES A FAILURE TO APPEAR, AND
IT'S MORE MONEY THAN IT'S MORE
AND MORE AND MORE IT JUST TAX
THEM. WHAT'S AT WORK MORE MONEY
THAT I CAN AFFORD. I'VE ALWAYS
HAD A JOB. I ALWAYS TRIED TO
WORK, BUT I'M LOOKING OVER MY
SHOULDER DAILY. IT'S INSANE.
IT'S CRAZY, SO IT'S IN A MENTAL
THING TO ME WHERE I DON'T THE
POLICE ARE AROUND AND I GET
NERVOUS. I GET SCARED AND I GOT
TO GO BACK TO JAIL. BECAUSE OF
THIS WARRANT. IT'S JUST IT'S NOT
RIGHT. IT'S NOT FAIR. AND TO
THIS DAY, I'M STILL WORKING TO
PAY OFF YEARS OF TICKETS THAT
PREVENTION WARRANTS THAT I CAN'T
AFFORD. SO IT'S LIKE EVERY JOB I
HAVE. I CAN'T GET A REAL GOOD,
GOOD JOB. BECAUSE I CAN'T
BECAUSE IF I DO, I'M AFRAID I'M
GOING TO GO TO JAIL. IF THE
POLICE COME IN THERE, YOU KNOW,
IT'S JUST IT'S CRAZY. IT'S NOT
FAIR. IT'S NOT RIGHT. GOOD
MORNING CHAIR, JOINT CIDER, JOHN
SAWYER AND MEMBERS OF THE
COMMITTEE. MY NAME IS STEPHANIE
CAMPUS BOY AND I'M ASSISTANT
PROFESSOR AT UC BERKELEY SCHOOL
OF LAW. I THINK WE CAN AGREE
THAT NO PERSON SHOULD END UP IN
JAIL SIMPLY BECAUSE THEY CANNOT
PAY A FINE YET UNDER CURRENT
CALIFORNIA LAW, A PERSON CAN BE
ARRESTED FOR FAILING TO PAY A
FINE FOR AN INFRACTION. AN
INFRACTION IS A TYPE OF LOW
LEVEL OFFENSE, INCLUDING FOR
THINGS LIKE LOITERING, SITTING
IN PUBLIC PLAYING LOUD MUSIC
THAT ARE NOT CRIMES BUT
CONSIDERED VIOLATIONS OF THE LAW
. IN OTHER WORDS, THEY'RE NOT
PUNISHABLE WITH JAIL TIME.
INSTEAD PEOPLE ARE ORDERED TO
PAY CITATIONS OR FINES. BUT WHEN
SOMEONE DOESN'T PAY THEIR
CITATION, COURTS CAN ISSUE A
BENCH WARRANT FOR THEIR ARREST.
SO THE PUNISHMENT FOR FAILING TO
PAY ENDS UP BEING MUCH MORE
SEVERE THAN THE INITIAL TICKET
OR THE FINE ITSELF. WHILE SOME
COUNTIES HAVE STOPPED ISSUING
BENCH WARRANTS FOR INFRACTIONS,
MANY COUNTIES INCLUDING LOS
ANGELES, SACRAMENTO, AND
STANISLAUS COUNTY'S STILL ISSUE
WARRANTS FOR PEOPLE WHO DO NOT
PAY CITATIONS AND PARTICULARLY
FOR NON TRAFFIC INFRACTIONS. IN
FISCAL YEAR, 2020 21, THE
JUDICIAL COUNCIL REPORTED OVER
107,000 NON TRAFFIC INFRACTION
CASES FILED ACROSS THE STATE.
BUT AS ASSEMBLYMEMBER'S BRIAN
SAID, WE ALL KNOW THAT GIVEN
TARGETED POLICING PRACTICES WE,
THE VAST MAJORITY ARE CHARGED TO
LOW INCOME PEOPLE IN BLACK AND
BROWN CALIFORNIANS. DATA FROM L.
A COUNTY SHOWED THAT NEARLY 90%
OF THE THOUSANDS OF PEOPLE
ARRESTED ON BENCH WARRANTS EACH
YEAR ARE BLACK AND BROWN
RESIDENTS. THERE'S NO EVIDENCE
THAT BENCH WARRANTS ENCOURAGED
TIMELY COURT PAYMENTS OR
APPEARANCES, IT ONLY MAKES IT
HARDER FOR PEOPLE TO PAY AND
WASTE LAW ENFORCEMENT IN COURT
RESOURCES. REMOVING THE
AUTHORITY TO ISSUE BENCH
WARRANTS WILL NOT IMPACT THE
UNDERLYING INFRACTION. PEOPLE
WILL STILL HAVE TO PAY THEIR
FINES IN COURTS WILL STILL BE
ABLE TO USE EXISTING MECHANISMS
TO COLLECT ON THE DEBT,
INCLUDING REFERRING DEBT TO THE
FRANCHISE TAX BOARD, WHICH CAN
GARNISH WAGES AND INTERCEPT TAX
REFUNDS. CALIFORNIA HAS THE
OPPORTUNITY TO END THIS OUTDATED
PRACTICE WITH A B 12 66 AND
ENSURE THAT WE ARE NO LONGER IN
THE BUSINESS OF CRIMINALIZING
POVERTY. THANK YOU FOR YOUR
TIME. THANK YOU. ARE THERE ANY
OTHER WITNESSES IN SUPPORT?
DANICA ROAD ARM ON BEHALF OF
LAWYERS COMMITTEE FOR CIVIL
RIGHTS, PROUD CO SPONSOR AND
SUPPORT, ALSO DELIVERING SUPPORT
FOR SMART JUSTICE CALIFORNIA AND
THE PROSECUTORS ALLIANCE OF
CALIFORNIA. GOOD MORNING,
ANALYZE SYRIZA, THE YOUNG MAN'S
FREEDOM CENTER AND STRONG
SUPPORT. LESLIE CALDWELL,
HOUSTON FOR THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION AND
SUPPORT. ARABELLA DAVAR WITH THE
ENORMOUS FREEDOM CENTER AND
STRONGLY SUPPORT. KARMA NICOLE
COX CEO, YOU CAL ACTION AND
STRONG SUPPORT. ANTHONY DI
MARTINO, CALIFORNIANS FOR SAFETY
AND JUSTICE, STRONG SUPPORT.
CHRISTOPHER SANCHEZ, WITH THE
WESTERN, CENTRAL AND POVERTY
PROUD TO BE A COSPONSOR. REBECCA
GONZALES, NATIONALIST
ASSOCIATION OF SOCIAL WORKERS,
CALIFORNIA CHAPTER AND SUPPORT.
KELLY WALTERS, STAFF ATTORNEY
FOR LEGAL SERVICES FOR PRISONERS
WITH THE CHILDREN, STRONG
SUPPORT. MICHAEL MENDOZA, WITH
THE ANTI RECIDIVISM COALITION IS
STRONG SUPPORT. NORMAL ROSCOE
ELLA BAKER CENTER FOR HUMAN
RIGHTS, STRONG SUPPORT. GREGORY
FIDDLE WITH INITIATE JUSTICE,
STRONG SUPPORT. JIM LINDBERG
FRIENDS COMMITTEE AND
LEGISLATION OF CALIFORNIA IN
SUPPORT. ROY BALLARD CENTER FOR
EMPLOYMENT OPPORTUNITIES AND
INITIATE JUSTICE AND STRONG
SUPPORT. LAURENCE COX. ALL OF US
ARE NON STRONG SUPPORT. VERY
LONELY. ANDREWS BODIES UNIDOS
STRONG SUPPORT. TYREE'S BOSWELL
FOR IMPACT THE YOUTH ARE STRONG
SUPPORT. THANK YOU. 30 WITNESSES
AND OPPOSITION. MARY MARTIN WAS
STONE ADVOCACY ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION AND OPPOSITION.
WE'VE BEEN WORKING TO SCHEDULE A
MEETING WITH THE AUTHOR STAFF TO
DISCUSS OUR CONCERNS AND ISSUES
ON OUR END. IT HASN'T HAPPENED
YET. SO WE LOOK FORWARD TO
HAVING THAT CONVERSATION
ASSUMING THE BILL MOVES FORWARD
TODAY. THANKS THANK YOU. ANY
OTHER WITNESSES AND OPPOSITION
BRING IT BACK TO COMMITTEE
MEMBERS. BILL BEEN MOVED. OUR
SECOND. ANY OTHER COMMENTS. THAT
QUESTION. HMM. IF THERE'S NO
BENCH WARRANT ISSUED FOR FAILING
TO APPEAR WHERE DOES THE
CONSEQUENCE FOR FAILING TO
APPEAR? WHAT IS THE CONSEQUENCES
FOR FAILING TO? WELL YOU
WOULDN'T HAVE A FAILURE TO
APPEAR WITHOUT THE BENCH BORN.
YOU WOULD STILL OWE THE CITATION
AND INFRACTION THAT YOU'VE
ALREADY BEEN LEVIED IN THE
FRANCHISE TAX BOARD IN NUMEROUS
ON THE RECORD IS, UH YOU DIDN'T
PICK IT. NO NO, YOU YOU CAN BE
IMPACTED BY A WHOLE BUNCH OF
OTHER MECHANISMS BY WHICH WE USE
TO COLLECT DEBT EXAMPLE. PLEASE.
OKAY OKAY. ACTUALLY, WHEN I WHEN
I HAD GOTTEN MY TICKET, I DON'T
MEAN TO BE RUDE AND INTERRUPT,
BUT WHEN I GOT MY TICKET, I
ACTUALLY GOT ARRESTED AND DID 32
DAYS IN JAIL FOR IT. AND I WAS
TOLD THAT MY DAYS DOING MY TIME
DONE IN JAIL WAS GOING TO PAY
OFF MY FINES AND I WOULDN'T HAVE
TO PAY THE FINES BECAUSE I DID
THE TIME IN JAIL. THAT DIDN'T
HAPPEN. THEY TOLD ME ALSO, IF I
TURN MYSELF IN ON A CERTAIN
DATE, A CERTAIN TIME THAT IT
WOULD GIVE ME A GOOD TIME, WHICH
WOULD ALSO GO TOWARDS THE FINDS
THAT I OWED IT DIDN'T THEY ADDED
ANOTHER TWO WEEKS. AND HERE I
WAS OUT OF WORK FOR 32 DAYS AND
MY SON WAS STUCK WITH MY MOM OR
WHOEVER IT WAS, I THINK, BELIEVE
IT WAS MY MOTHER AT THE TIME WAS
WATCHING HIM. SO NOT ONLY
AFFECTS THE PHYSICAL AND MENTAL
PART OF US BUT IT ALSO MY MONEY
MIGHT. I COULDN'T MAKE NO MONEY.
AT THAT TIME I WAS IN JAIL. BUT
THEN AGAIN, I WAS THINKING,
OKAY, WELL, I AM MAKING MONEY
BECAUSE I'M PAYING THESE FINES
WHILE I'M DOING THIS TIME. IT'S
NOT LIKE THAT. I'M STILL PAYING
FOR HIM. EVEN AFTER I DID THE
TIME. I STILL HAVE TO PAY THE
MONEY FOR THEM, SO IT MAKES NO
SENSE TO ME. I'M BEING PUNISHED
LIKE TWO OR THREE TIMES FOR THE
SAME THING. I'M SORRY TO HEAR
THAT. BUT THAT REALLY DOESN'T
ANSWER THE QUESTION THAT I'M
TRYING TO GET OUT. MAYBE THERE
IS NO REAL SATISFYING ANSWER,
BUT EXAMPLE I HAD HALF DOZEN
PARKING TICKETS THAT U C L A.
BUT I COULDN'T BECAUSE I WAS
STRUGGLING COLLEGE STUDENT THE
NEXT TIME I FILED MY TAXES WHEN
I WAS DOING A REFUND, I DIDN'T
GET THE REFUND. YOU STILL GOT
THE REFUND. THE STATE HAS A
NUMBER OF MECHANISMS TO TRY TO
COLLECT THIS DEBT. BUT AGAIN
YOU'RE YOU'RE YOU'RE RIGHT. YOU
WILL NEVER COLLECT FROM PEOPLE
WHO HAVE NOTHING. RIGHT AND
SPENDING TENS OF THOUSANDS OF
DOLLARS. IN HER CASE. 32 DAYS IS
OVER. 10 GRAND. IF IT'S AN L, A
COUNTY JAIL IS SIGNIFICANTLY
MORE THAN THE COST OF THE
CITATION TO BEGIN WITH. WE COULD
HAVE PAID HER CITATION AND SAVED
MONEY AS OPPOSED TO THIS
CRIMINALIZING APPROACH TO CLEAR
POVERTY. YEAH, I DO. EXCUSE ME.
I JUST WORRY THAT WE'RE WE'RE
CREATING DISINCENTIVE TO ATTEND
COURT. I JUST REALLY BELIEVE
THAT THAT'S GOING TO BE A
REALITY. I DON'T THINK THAT'S
THE INTENT, BUT I THINK THAT'S
WHAT'S GOING TO HAPPEN. SO I
CLEARLY CAN'T SUPPORT THAT
BECAUSE I HAVING BEEN AN
ENFORCER OF THE LAW. I CAN JUST
TELL YOU THAT, AND I DO THINK
OUR FINDS ARE OUTRAGEOUS.
TRUTHFULLY, I THINK THAT'S PART
OF THE PROBLEM. UM BUT THAT'S
THE PROBLEM. WE SHOULD BE
ADDRESSING. NOT NOT PENALIZING
PEOPLE FOR NOT SHOWING UP. SO
SORRY. I CAN'T WEIGH IN ON THIS
ONE. THANK YOU. AND THE OTHERS.
YOU MAKE CLOTHES. I THINK ONE OF
THE BEST THINGS ABOUT THIS BILL.
IS THAT IT UNDER DOZEN
OVERBURDEN ON OUR COURT SYSTEM,
IT REDUCES THE NEED TO DRAG
PEOPLE INTO COURT SIMPLY BECAUSE
THEY COULDN'T AFFORD TO PAY A
FINE OR A CITATION. IT'S A
DECRIMINALIZING POVERTY
INITIATIVE AND ITS GOVERNMENT
AFFECTIVE. WE WASTE MONEY EVERY
TIME WE INCARCERATE SOMEBODY
BECAUSE THEY WERE TOO POOR TO
PAY THEIR INITIAL CITATION OR
INFRACTION. THIS IS SMART
GOVERNANCE. IT'S GOOD GOVERNANCE
AND IT'S JUSTICE. ON BEHALF OF
ASSEMBLYMEMBER'S OSH, CHOLERA,
AND NOW IT'S HIS PRINCIPAL CO
AUTHOR OF THIS BILL. WE
RESPECTFULLY ASK FOR I VOTE.
THANK YOU. CHAIR IS RECOMMENDED
THAT I. ON A B 12 66 BY A CEMENT
MEMBER CHOLERA. THE MOTION IS
DUE PASSED TO THE APPROPRIATIONS
COMMITTEE, JOHN SAWYER. JOHN
SAWYER. I ELONIS. BANTA. BRIAN
BRIAN. I LACKEY LUCKY NO
JACKSON. SANTIAGO. SIPPER. SUPER
AYE. THE MEASURES ON CALL NEEDS
TO MORE. MR LACKEY, WOULD YOU
LIKE TO GO? YOU'RE THE ONLY
AUTHOR IN THE ROOM RIGHT OTHER
THAN ME.
I WAS SUPPOSED TO HAVE HAD TWO
WITNESSES THAT FLEW IN FROM OUT
OF STATE, BUT I DON'T SEE THEM
HERE. BUT I'LL STILL MOVE
FORWARD, OKAY? SO THANK YOU FOR
ALLOWING ME TO PRESENT THIS
PARTICULAR BILL. IT'S A B 13 68.
AND THIS LEGISLATION PROVIDES A
TIMELINE FOR TESTING SEXUAL
ASSAULT EVIDENCE KITS COLLECTED
BEFORE 2016. THESE KIDS DO NOT
FALL UNDER THE SAME STATUTORY
TESTING REQUIREMENTS AS NEWLY
COLLECTED KITS. THE TIMELINE IN
THIS BILL IS THE PRODUCT OF
WORKING WITH RELEVANT
STAKEHOLDERS ON THIS MATTER.
SEXUAL ASSAULT IS ONE OF THE
MOST TRAUMATIC CRIMES THAT
VICTIM CAN ENDURE. IN THE
AFTERMATH. SURVIVORS ARE OFTEN
EXPERIENCED DIFFICULTY
READJUSTING TO EVERYDAY LIFE.
THE ESTIMATED LIFETIME COST OF
BEING RAPED IS OVER $120,000 PER
VICTIM. ACCUMULATE THE ECONOMIC
BURDEN OF NEARLY 3.1 TRILLION IN
THE ENTIRE COUNTRY. APATHY FOR
VICTIMS OF SEXUAL ASSAULT IN OUR
POLICY IS THE REASON WHY THIS
FELONY CHARGES SO UNDER REPORTED
THE RAPE AND INCEST NATIONAL
NETWORK. USED AN AMALGAMATION OF
FEDERAL DATA TO ESTIMATE THAT
230. OUT OF 1000 RAPES ARE
REPORTED. OF THOSE 46 LEAD TO AN
ARREST. NINE TO A PROSECUTION.
AND 52 FELONY CONVICTIONS. ONLY
4% OF ALL REPORTED RAPE CASES
EVER SEE THE INSIDE OF A QUARTER
COURTROOM. TRANSLATING INTO 1%
OF EVERY 1000 RAPES COMMITTED.
AS A STATE. WE SHOULD SHOW
SURVIVORS. THEIR SUFFERING IS OF
GREAT IMPORTANCE TO US BY
INVESTING IN VICTIM RESPONSE. IF
THIS WERE OUR POLICY, WE COULD
EXPEDITE HEALING THROUGH A
TRAUMA RECOVERY PROCESS AND
MINIMIZE THE STAGNATION FELT BY
VICTIMS SURVIVORS. CALIFORNIA
HAS MADE MONUMENTAL PROGRESS
FORTIFYING A PATH FOR VICTIMS
SURVIVORS TO SEEK JUSTICE AND
HILL. HOWEVER WE CONTINUE TO
ALLOW THOUSANDS OF KITS TO
DEGRADE OVER TIME AS THEY'VE
BEEN TOTALLY FORGOTTEN. EACH AND
EVERY ONE OF THESE KITS
REPRESENTS A VICTIM. WHO WAS
SUBJECTED TO HOURS LONG INVASIVE
EXAMINATION FOLLOWING THE WORST
EXPERIENCE OF THEIR LIFE. THESE
ARE HORRIFIC STORIES THAT SHOULD
NOT END WITH AN EXCUSE FOR WHY
THE KIT WAS UNDER PRIORITIZED OR
WORSE, LOST. WE OWE IT TO OUR
VICTIMS TO ENSURE THAT THEIR
KIDS ARE TESTED. THE DEPARTMENT
OF JUSTICE HAS $4 MILLION TO
DISPERSE TO LOCAL LAW
ENFORCEMENT AGENCIES AND THE
CRIME LABORATORIES FOR
ASSISTANCE WITH THE COSTS
INCURRED. PREVIOUSLY APPROVED
BUDGET. THAT I WAS ACTUALLY ABLE
TO SUPPORT AND CHAMPION.
ADDITIONALLY ITS
ASSEMBLYMEMBER'S LOWS VOLUNTARY
TAX FUND TO BRING THIS GOAL TO
FRUITION HAS COLLECTED MORE THAN
$2 MILLION AND IT IS YET TO BE
SENT OUT. WE SHOULD PRIORITIZE
VICTIMS BY CREATING POLICIES
THAT EMPOWER THEIR SELF
ADVOCACY. THIS BILL A B 13 68
PROVIDES EACH VICTIM IS TREATED
WITH ECUADOR EQUITABLY. I'M
SORRY IT'S TREATED EQUITABLY BY
TESTING THEIR SEXUAL ASSAULT
EVIDENCE KITS DESPITE WHEN THE
INCIDENT OCCURRED. IT IS TIME
THAT WE FINALLY END THE BACKLOG
OF UNTESTED KITS AND I ASK FOR
YOUR SUPPORT. THANK YOU. MY
WITNESSES AREN'T HERE. THEY WERE
FROM OUT OF STATE, TOO. SO IT'S
KIND OF A BIG DEAL. SORRY THERE
ON THE OTHER WITNESSES IN
SUPPORT. MARTIN WITH STONE
ADVOCACY ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION AND SUPPORT THANK
YOU. PATRICK ESPINOSA ON BEHALF
OF THE SAMUEL COUNTY DISTRICT
ATTORNEY'S OFFICE AND SUPPORT
THANK YOU. ARE THERE ANY
WITNESSES AND OPPOSITION?
GOOD MORNING. GOOD MORNING. MY
NAME IS LESLIE CALDWELL, HOUSTON
. I'M APPEARING ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND RESPECTFUL
OPPOSITION. I'M A RAPE SURVIVOR.
MY DAUGHTER IS A RAPE SURVIVOR
TWICE OVER. TO AT LEAST TWO OF
MY FOUR BROTHERS WERE MOLESTED
BY OUR PARISH PRIESTS. SO I KNOW
THE AGONY OF THIS TYPE OF
ASSAULT. I HAVE FULL EXPERIENCE.
WITH THE ISSUES OF SEXUAL
ASSAULT, BOTH AS A VICTIM
SURVIVOR AND AS A DEFENSE
ATTORNEY. NO ONE WAS BROUGHT TO
FACE CRIMINAL INVESTIGATION ON
ANY OF THE ASSAULTS THAT I JUST
REFERRED TO HOWEVER, WE ARE
OPPOSED AS AN ORGANIZATION AND
I'M OPPOSED PERSONALLY AS A
SURVIVOR TO THE POLICY PRESENTED
BY THIS BILL, NOT THE INTENTION
OF BRINGING ABUSERS TO OUR
JUSTICE SYSTEM. FIRST IT'S OUR
UNDERSTANDING. FROM ASSEMBLY
MEMBER LACKEY THAT THERE ARE $6
MILLION CURRENTLY AVAILABLE FOR
THIS TYPE OF TESTING. THERE'S
NOTHING STOPPING THE TESTING
RIGHT NOW. THIS BILL REQUIRES
THAT ALL SEXUAL ASSAULT KITS
RECEIVED BEFORE JANUARY 1ST 2016
BE ANALYZED, REGARDLESS OF
WHETHER THE TESTING IS NECESSARY
TO A PROSECUTION, REGARDLESS OF
WHETHER THE SUSPECT HAS ALREADY
PLED GUILTY, AND REGARDLESS OF
WHETHER THERE ARE ITEMS OF
EVIDENCE FROM OTHER TYPES OF
CASES. MURDERS ROBBERIES, OTHER
ASSAULTS. THE RESULTS OF WHICH
ARE NECESSARY FOR A SUCCESSFUL
PROSECUTION. THERE WILL NOT BE
TESTED BECAUSE THE LABS
RESOURCES WILL BE DEVOTED TO THE
TESTING OF SEXUAL ASSAULT
EVIDENCE. WELL WELL INTENTIONED
. THIS IS NOT A WELL CONCEIVED
BILL. THE LEGISLATURE SHOULD NOT
BE IN THE BUSINESS OF
PRIORITIZING A CRIME'S CRIME
LABORATORIES WORKLOAD. THE CRIME
LAB'S MUST BE ABLE TO PRIORITIZE
THEIR WORK WITH THE GUIDANCE OF
PROSECUTORS. FURTHER THE STATE
SHOULD NOT BE THROWING MONEY AT
ENSURING EVIDENCE IS TESTED IN
ONE TYPE OF CASE FIRST,
REGARDLESS OF THE IMPORT OF THE
EVIDENCE TO A CRIMINAL
PROSECUTION. WE RESPECTFULLY
REQUEST YOUR NO VOTE. THANK YOU.
ANY OTHER WITNESSES AND
OPPOSITION. YEAH, THE SUPPORTING
MR. LIKE, ER, THESE ARE
WITNESSES. I THINK SO. ENJOYING
IT. GO AHEAD. YOU HAVE FIVE
MINUTES TOTAL. THANK YOU. HELLO
MY NAME IS NATASHA ALEXANDER. OH
AGAIN. I'M REALLY GRATEFUL FOR
THE OPPORTUNITY TO BE HERE AND
SPEAK. UM I AM A SURVIVOR OF
SEXUAL ASSAULT. I WAS RAPED AND
ROBBED AT GUNPOINT BY AN UNKNOWN
ASSAILANT. UM TO SAY THAT IT
CHANGED MY LIFE FOREVER IS AN
UNDERSTATEMENT. BUT WHAT
HAPPENED NEXT CHANGED MY LIFE
FURTHER AND MY RAPE KIT WAS NOT
PROCESSED FOR NEARLY A DECADE.
IN THE INTERIM, THE MAN THAT
RAPED AND ROBBED ME WAS ON A
NATIONWIDE CRIME SPREE. CREATING
OTHER VICTIMS. PLACING A BURDEN
ON LAW ENFORCEMENT AND YES,
PLACING A BURDEN ON THE
LABORATORIES AS WELL. UM I AM A
LIVING BREATHING EXAMPLE OF THE
NECESSITY OF THIS LEGISLATIVE
MEASURE. UM AND I CERTAINLY HOPE
YOU CONSIDER ALL THE SURVIVORS
IN CALIFORNIA WHEN YOU'RE
CONSIDERING THIS LEGISLATION AND
PUBLIC SAFETY OF CALIFORNIANS IN
GENERAL, UM EACH KIT REPRESENTS
. A VICTIM OF SURVIVOR AND THEIR
FAMILY. THE VICTIM WHOSE BODY
WAS A CRIME SCENE. AND I WILL
TELL YOU FROM EXPERIENCE. WE
NEVER FORGET, NO MATTER HOW MANY
YEARS GO BY. WE NEVER FORGET
THOSE THAT SUPPORT US AND WE
NEVER FORGET WHEN OUR RAPE KIT
AS MINDED LANGUISHES FOR
DECADES. SO I THANK YOU FOR THIS
OPPORTUNITY TO SPEAK WITH YOU.
THANK YOU. YES, YOU I'M ALSO
CONNECTING THE POLICY AND
ADVOCACY DIRECTOR FOR THE JOYFUL
HEART FOUNDATION. HEART
FOUNDATION WAS FOUNDED IN 2004
BY LAW AND ORDER ACTRESS AND
ADVOCATE BY AN ORDER S V U
ACTRESS AND ADVOCATE MARISKA
HARGITAY TO HELP SURVIVORS HEAL
AND RECLAIM JOY IN THEIR LIVES.
AND IN 2010 WE MADE ENDING THE
RAPE KIT BACKLOG OUR TOP
PRIORITY. WE'RE HONORED TO BE A
SPONSOR OF THIS BILL WITH
NATASHA'S JUSTICE PROJECT. THIS
BILL WOULD END THE RAPE KIT
BACKLOG IN CALIFORNIA. DNA
EVIDENCE CONTAINED AND RAPE KIDS
IS A POWERFUL LAW ENFORCEMENT
TOOL TO SOLVE AND PREVENT CRIME.
TOO OFTEN, HOWEVER, AS YOU HEARD
FROM NATASHA, THESE KIDS
LANGUISH IN LAW ENFORCEMENT
FACILITIES AND SOMETIMES
HOSPITALS AND CRIME LABS WITHOUT
BEING TESTED. FOR DECADES
SOMETIMES, AND ESTIMATES ARE
THAT THERE ARE 13,000 OF THESE
KIDS IN CALIFORNIA RIGHT NOW.
THE FOLLOWING CASE FROM
CALIFORNIA ILLUSTRATES AFFECT
THAT DNA IS A POWERFUL TOOL. TO
TAKE THESE DANGEROUS OFFENDERS
OFF THE STREETS, AND THEY'RE
OFTEN REPEAT OFFENDERS. KEITH
ASBURY JUNIOR OF ANTIOCH,
CALIFORNIA KIDNAPPED AND RAPED
TWO YOUNG WOMEN IN 2008 15 AND A
19 YEAR OLD THE RAPE KITS
COLLECTED IN THIS CASE SET AND
TESTED FOR YEARS. MEANWHILE, HE
HAD LATER ATTEMPTED RAPE OF A 46
YEAR OLD WOMAN. AND A FEW WEEKS
LATER IN 2018, BURGLARIZED A
HOME AND RAPED AND MURDERED A
STUDENT. SEVERAL OF THESE CRIMES
, INCLUDING MURDER COULD HAVE
BEEN PREVENTED WITH THE TIMELY
TESTING OF A SINGLE RAPE KIT IN
2008. SO HE AVOIDED DECADES. HE
AVOIDED UM COMING TO
RESPONSIBILITY FOR DECADES, WELL
KEEPING ON DESTROYING LIVES. IN
DETROIT, THE TESTING OF MORE
THAN 11,000 PREVIOUSLY UNTESTED
KITS HAS RESULTED IN THE
IDENTIFICATION OF 800 SERIAL
RAPISTS. THESE RAPISTS HAVE BEEN
LINKED THROUGH DNA ON THE DNA
DATABASES TO CRIMES AND 40 OTHER
STATES AND WASHINGTON D. C THESE
GUYS DON'T STOP. THEY MOVE
AROUND AND THEY COMMIT ALL KINDS
OF CRIMES. TESTING RAPE KITS
ALSO SAVES COMMUNITIES MILLIONS
OF DOLLARS BECAUSE I KNOW YOUR
QUESTION OFTEN IS, HOW ARE WE
GOING TO PAY FOR THIS? IT'S
IMPORTANT TO KNOW THAT CASE
WESTERN UNIVERSITY IN OHIO HAS
CONDUCTED RESEARCH ON THE 4000
UNTESTED KITS IN CLEVELAND THAT
WE'RE FINALLY TESTED, AND IT
FOUND THAT THE COMMUNITY SAVED
$48.2 MILLION ALMOST $9000 PER
RAPE KIT IN FUTURE AVERTED COSTS
TO THE COMMUNITY. AND DR
LAWRENCE WINE OF STANFORD
UNIVERSITY, ESTIMATES THAT
TESTING EVERY RAPE COULD COULD
SAVE COMMUNITIES. $4000 POOR,
PERVERTED ASSAULT. SO. IT'S
IMPORTANT TO KNOW THAT THIS ALSO
CAN BE DONE. IT HAS BEEN DONE
ACROSS THE COUNTRY, 16 STATES
HAVE ELIMINATED THEIR BACK LEG.
IT'S TIME FOR CALIFORNIA TO GET
ON BOARD WITH THAT. I THINK THIS
WILL BE ONE OF THE MOST
IMPORTANT PUBLIC SAFETY VOTES
YOU'LL TAKE IN THIS COMMITTEE
AND I URGE YOU TO PASS THIS
BILL. THANK YOU SO MUCH. THANK
YOU. ANY OTHER. WHAT'S IS WE
DON'T WE'LL BRING IT BACK TO
COMMITTEE. QUESTIONS. COMMENTS
CONCERNED. OH THIS IS THE BIRD.
UM SO I THINK THERE'S A PRETTY
COMPELLING BILL. UM AND I GUESS
THE QUESTION I HAD THE WITNESS
AND, YOU KNOW, JUST HORRIFIED
HEARING YOUR EXPERIENCE, BUT WHY
WAS IT THAT THE RATE IT WAS
NEVER TESTED. DID THEY EXPLAIN
THAT TO YOU? UM YEAH. THANK YOU
FOR THAT QUESTION. YES VERY
SIMILAR TO OTHER JURISDICTIONS
ACROSS THE COUNTRY. UM MY RAPE
KIT WAS ONE OF THOUSANDS. UM
THAT REMAINED UNTESTED AND IT
WAS ACTUALLY IN THE HANDS OF LAW
ENFORCEMENT. IT WAS NOT AT A
LABORATORY. IT JUST HAD NOT
GOTTEN THERE YET, AND THAT SEEMS
TO BE VERY SIMILAR CASES ACROSS
THE COUNTRY DOWN TO YOUR
QUESTION. A LOT OF IT IS
PRIORITY. THERE'S JUST A THERE'S
A TREMENDOUS AMOUNT OF WORKLOAD
. UM THAT'S ASSOCIATED WITH THIS
AND WHEN IT DOESN'T RISE TO THE
LEVEL OF PRIORITY FOR A NUMBER
OF REASONS, IT JUST GETS
OVERLOOKED. SO I ENDED AS I
UNDERSTAND THE BILL.
REQUIREMENTS CAME IN PLACE IN
2016 TO TEST THESE RAPE KITS
WITHIN A CERTAIN AMOUNT OF TIME,
RIGHT AMOUNT OF TIME AND SO WITH
THIS IS GETTING, TOO ARE THE
RAPE KITS THAT WERE NEVER TESTED
PRIOR TO 2016 IS THAT THAT'S
CORRECT. UM AND THEY WHAT IS THE
COST OF TESTING A RAPE KIT
AMOUNT TO ROUGHLY I'M NOT SURE I
CAN SPEAK TO THAT. IF YOU WANT
ME TO. IT DEPENDS ON THE ACTUAL
CASE, BUT GENERALLY IT CAN BE
BETWEEN 1000 TO ABOUT $3000. BUT
RIGHT NOW, ACTUALLY THERE SO
MANY KIDS THAT HAVE BEEN SITTING
ON SHELVES ACROSS THE COUNTRY.
AT ONE POINT IT WAS 400,000 THAT
THE PRIVATE CRIME LABS HAVE BEEN
HELPING. UM WITH THE PUBLIC
CRIME LAB, SO A LOT OF STATES
ARE OUTSOURCING TO PRIVATE LABS
TO HELP GET RID OF THE BACKLOG
WHILE THEY KEEP UP WITH WHAT'S
COMING IN THE DOOR TODAY. AND
THEY CAN CAN TEST THESE KIDS AT
ABOUT $500 PER KIT. THANK YOU. I
THINK IT'S A GOOD BILL AND I'LL
BE SUPPORTING IT. I'LL MOVE THE
BILL. THANK YOU. THANK YOU. JUST
REAL QUICK. I'M SORRY. I'M I
SHOWED UP LATE AND I KNOW YOU
WERE JUST AT ANSWERING THE
QUESTION, BUT WAS THAT ON OLDER
KIDS OR IS IT CURRENT KIDS? BOTH
ACTUALLY, UM, THE STATE OF
MASSACHUSETTS HAS A 30 DAY
TURNAROUND FOR RAPE KITS, AND
THEY OUTSOURCE SOME OF THEIR NEW
KIDS TO HELP KEEP, UM AND YOU
KNOW THEM UNDER THE TURNAROUND
TIME, AS REQUIRED BY LAW PRICE
ACROSS THE BOARD, THEN OH,
YOU'RE SAYING BECAUSE SOME OF
THEM MIGHT BE MORE COMPLICATED
CASES. I MEAN, THAT'S THAT'S A
LITTLE BIT OF A CASE BY CASE
BASIS. BUT FOR EXAMPLE, WHEN A
CITY LIKE MEMPHIS YOU KNOW WHO
HAD ABOUT 21,000 OR DETROIT, UM
GO INTO A CONTRACT WITH THIS
PRIVATE LABS. THEY GIVE THEM
KIND OF A BULK DISCOUNT. I MEAN,
FOR LACK OF A BETTER WAY TO PUT
IT. SO IT USUALLY IS SORT OF
LIKE, WELL, IF YOU'RE GOING TO
SEND US 10,000 KIDS WILL SAY.
OVER THE WHOLE COURSE. YOU KNOW
YOU'RE GONNA PAY PROBABLY, YOU
KNOW 506 50 A KIT. SOMETHING
LIKE THAT. THANK YOU. THANK YOU.
AND THE OTHERS. YOU MAKE
CLOTHES. FIRST OFF. I'D LIKE TO
THANK MY WITNESSES FOR COMING,
MAKING THE SACRIFICE TO COME
FROM OUT OF STATE TO TESTIFY ON
THIS VERY IMPORTANT MEASURE AND
I THINK ENOUGH HAS BEEN SAID,
AND I LET THEIR TESTIMONY
STANDARDS MY CLOTHES AND I ASK
FOR YOUR SUPPORT. AND THANK YOU,
UM YOU AND I HAVE BEEN GOING AT
THIS FOR QUITE SOME TIME. UM AND
TO TIP. REALLY THE PROBLEM IS
THIS HAS NOT BEEN A PRIORITY.
UM, AS FAR AS TESTING. AND. AS
MORE CASES COME IN WITH
DIFFERENT OTHER CRIMES. THE RATE
KEEPS GETTING PUSHED DOWN AND
DOWN AND GET LOWER IN PRIORITY.
AND, UH I MEAN, I COMMEND YOU
STUCK WITH THIS FOR QUITE
SOMETIMES A LOT COMMEND YOU FOR
DOING IT, ESPECIALLY FOR THE
MEMBERS. THIS IS YOUR FIRST TIME
HERE. THIS IS NOT MR LACKEYS
FIRST TRY AT THIS, AND HE'S
HEARD OF MARY THAT DIFFERENT
REASONS WHY WE CAN'T GET TO
THIS, BUT HE'S PUSHED DOWN BELOW
POPE A LOT FURTHER. AND THERE
ARE A LOT OF PEOPLE VICTIMS THAT
OWE YOU A DEBT OF GRATITUDE FOR
STICKING WITH IT. SO
RECOMMENDING, AYE. AND MAYBE 13
68 BY SOME REMEMBER LACKEY. THE
MOTION IS DUE PASSED THE
APPROPRIATIONS COMMITTEE SAWYER
JOHNSON, I ELONIS BONTA. I BRIAN
, BRIAN, I LACKEY. OF COURSE I
LACKEY JACKSON JACKSON. I
SANTIAGO ZIPPER. ZIPPER I THANK
YOU. EVERYBODY MEASURE PASSES.
THANK YOU, MARTA. YOU HAVE TWO
ITEMS. A B. 11 86 JUVENILE
RESTITUTION AND PONTA A. B 11.
OH, FOUR. CORRECTION FOR
REHABILITATION AND SENTENCING.
MOVE THE BILL. SECOND WHICH. ONE
11 04, STARTING WITH 11 86. YEAH
. Dð 11 86 1ST. GOOD BEFORE
LUNCH. MR CHAIR AND MEMBERS. I
WOULD LIKE TO EXPRESS MY
APPRECIATION TO THE COMMITTEE
STAFF FOR THEIR TIME WORKING ON
THIS BILL AUTHORED THIS BILL
BECAUSE OUR CURRENT YOUTH
RESTITUTION SYSTEM IS BROKEN
RESTITUTION WAS MEANT TO MAKE
CRIME SURVIVORS HOLE, BUT IN
REALITY, IT JUST CREATES A
PERPETUAL CYCLE OF DEBT.
ESPECIALLY FOR POOR BLACK AND
BROWN FAMILIES, YOUNG PEOPLE AND
THEIR FAMILIES CANNOT AFFORD TO
PAY RESTITUTION AND FACE
SIGNIFICANT FINANCIAL BURDENS
FROM THESE ORDERS. THE INABILITY
TO PAY RESTITUTION OFTEN CREATES
LONGSTANDING FINANCIAL HARM AND
INSTABILITY THAT PREVENTS YOUNG
PEOPLE FROM MOVING FORWARD IN
THEIR LIVES. PARENTS CAN ALSO BE
LIABLE FOR THEIR CHILD'S
RESTITUTION AND SUBJECT TO
UNFORGIVING COLLECTION PRACTICES
AND THE COLLATERAL CONSEQUENCES
OF COURT ORDERED DEBT, INCLUDING
NEGATIVE CREDIT IMPACTS, BANK
LEVIES AND EVEN PROPERTY LANES.
THE SYSTEM ISN'T WORKING FOR
CRIME SURVIVORS, EITHER EACH
YEAR AROUND 12,000 YOUTH IN
CALIFORNIA ARE ORDERED TO PAY
RESTITUTION. THE AVERAGE AMOUNT
OF RESTITUTION ORDERED IS $1559
, HOWEVER, BECAUSE MOST YOUTH
CANNOT PAY ONLY A FRACTION OF
CAMPS, CRIME SURVIVORS EVER
RECEIVED ANY COMPENSATION,
PUBLIC RECORDS DATA RECEIVED BY
THE BERKELEY LAW POLICY ADVOCACY
CLINIC SHOWS THAT STATEWIDE ONLY
ABOUT 20% OF YOUTH RESTITUTION
ORDERED SINCE 2010 HAS BEEN
COLLECTED. MUCH OF THE
OUTSTANDING YOUTH RESTITUTION
OWED IS YEARS OLD AND UNLIKELY
EVER TO BE PAID. TO ADD TO ALL
OF THIS MANY YOUNG PEOPLE WHO
CAUSE HARM OUR CRIME SURVIVORS
THEMSELVES OR HAVE HISTORIES OF
TRAUMA AND COMMUNITIES
EXPERIENCING PAIN. A B 11 86 THE
REPAIR REALIZING EQUITY WHILE
PROMOTING ACCOUNTABILITY AND
IMPACTFUL RELIEF ACT. FIXES THIS
BROKEN SYSTEM. MAYBE 11 86
ELIMINATES THE EXISTING SYSTEM
OF DIRECT RESTITUTION FOR YOUTH
AND MAKES CRIME SURVIVORS HARMED
BY YOUTH ELIGIBLE FROM FINANCIAL
ASSISTANCE THROUGH THE
CALIFORNIA VICTIM COMPENSATION
BOARD. YOUTH WILL BE ORDERED TO
PARTICIPATE IN NON MONETARY
ALTERNATIVES TO ENCOURAGE
REFLECTION ON THE IMPACT OF
THEIR ACTIONS, INCLUDING
RESTORATIVE JUSTICE CONFERENCES
, COMMUNITY SERVICE PROGRAMS,
SKILL BUILDING AND JOB
OPPORTUNITIES. A B 11 86 MAKES
OUR YOUTH RESTITUTION WORK
BETTER FOR EVERYONE, BOTH FOR
CRIME SURVIVORS AND YOUTH WHO
OWE RESTITUTION BY PROVIDING
CRIME SURVIVORS WITH MORE
EQUITABLE, TIMELY AND STABLE
COMPENSATION AND SETTING BOTH
THE YOUNG PERSON AND THE HARMED
PERSON ON A STRONG PATH TOWARDS
ACCOUNTABILITY, TRANSFORMATION,
REHABILITATION AND HEALING.
THANK YOU. AND AS WITNESSES
TODAY, I HAVE ARABELLA RIVERA
WITH YOUNG WOMEN'S FREEDOM
CENTER AND ANTHONY DE MARTINO.
WITH CALIFORNIANS FOR SAFETY AND
JUSTICE. THANK YOU HAVE FIVE
MINUTES ALTOGETHER WHENEVER
YOU'RE READY. YEAH. GOOD MORNING
CHAIR AND MEMBERS. MY NAME IS
ANTHONY DI MARTINO, AND I'M, THE
GOVERNMENT AFFAIRS DIRECTOR FOR
CALIFORNIANS FOR SAFETY AND
JUSTICE, AS WELL AS A SOCIAL
WORKER. WE ARE A MEMBER OF THE
DEBT FREE JUSTICE COALITION AND
CO SPONSOR OF THIS LEGISLATION.
OUR ORGANIZATION FOUNDED IN 2012
HAS WORKED TO ORGANIZE VICTIMS
OF CRIME. AND PEOPLE THAT ARE
FORMING INCARCERATED THROUGHOUT
CALIFORNIA. WE HAVE OVER 52,000
CRIME SURVIVORS IN OUR
CALIFORNIA NETWORK AND OVER
120,000 CRIME SURVIVORS
NATIONWIDE. ONE OF THE MANY
REASONS WERE COAST BONDS.
SPONSORING THIS LEGISLATION IS
BECAUSE WE KNOW THAT THE CURRENT
RESTITUTION PROCESS DOES NOT
WORK FOR ANYONE INVOLVED. WHEN
WE SURVEY OUR CRIME SURVIVORS,
THEY CONSISTENTLY SHARE THAT
THEY WANT ALTERNATIVE FORMS OF
ACCOUNTABILITY FOR THOSE THAT DO
HARM. AND THEY THEMSELVES NEED
IMMEDIATE RESOURCES FOR SUPPORT.
IN FACT, IN OUR 2022 NATIONWIDE
SURVEY OF OVER 1500 CRIME
SURVIVORS, WE FOUND THAT 87% OF
VICTIMS DID NOT RECEIVE
FINANCIAL OR ECONOMIC ASSISTANCE
TO HELP RECOVER. ONLY ONE IN
FOUR VICTIMS FOUND THE JUSTICE
SYSTEM HELPFUL AND PROVIDING
INFORMATION ABOUT RECOVERING
FROM CRIME OR REFERRALS FOR
SUPPORT SERVICES AND BY NEARLY 2
TO 1 MARGIN VICTIMS PREFER THE
JUSTICE SYSTEM FOCUS MORE ON
REHABILITATING PEOPLE WHO COMMIT
CRIMES, THEN PUNISHING THEM.
THAT IS WHY WE, ALONG WITH OTHER
ADVOCATES HAVE BEEN SUCCESSFUL
IN ADVOCATING FOR $39 MILLION
YEARLY TO THE VICTIM
COMPENSATION FUND, AS WELL AS
CREATING A $50 MILLION FLEXIBLE
CASH ASSISTANCE GRANT GRANT
PROGRAM FOR VICTIMS JUST LAST
YEAR. IN ADDITION, IN JUST THE
LAST FOUR YEARS, WE HAVE
EXPANDED OUR TRAUMA RECOVERY
CENTERS FROM 14 TO 23 THROUGHOUT
THE STATE WITH SUPPORT FROM THE
STATE AS WELL. SAVINGS FROM PROP
47. WE KNOW THAT THIS BILL WILL
ACTUALLY RESULT IN VICTIMS
RECEIVING THE SUPPORT THEY NEED.
AND YOUTH AND THEIR FAMILIES
WILL HAVE MEANINGFUL
OPPORTUNITIES FOR
REHABILITATION. THIS BILL WILL
MAKE US ALL SAFER AND RESPONDS
TO THE NEEDS OF VICTIMS AND
YOUTH AND THEIR FAMILIES. THANK
YOU ASSEMBLYMEMBER'S BONTA FOR
YOUR WORK ON THIS AND THANK YOU
TO ALL OF THE OTHER CO SPONSORS
AND SUPPORTERS. WE RESPECTFULLY
REQUEST YOUR I VOTE. THANK YOU.
GOOD MORNING, EVERYONE. MY NAME
IS ARABELLA GABARRA, AND I'M, A
LEAD ORGANIZER FOR THE YOUNG
WOMAN'S FREEDOM CENTER, WHERE
PRACTICAL SPONSORS OF A B 11 86.
AT THE AGE OF 13. I WAS PLACED
ON JUVENILE PROBATION AND SPENT
THE NEXT FIVE YEARS IN AND OUT
OF INCARCERATION. MOST OF THESE
WERE TECHNICAL VIOLATIONS, SOME
EVEN BECAUSE THE JUDGE FELT
INCARCERATION WAS UNNECESSARY
ANSWER TO MY OWN MENTAL HEALTH
NEEDS. BEING ON JUVENILE
PROBATION OFTEN MEANS CONTINUOUS
COURT DATES, WHICH PARENTS ARE
MANDATED AND SOMETIMES
SUBPOENAED TO ATTEND. THIS MEANT
MY MOTHER WAS FORCED TO COME
INTO COURT, EVEN IF IT MEANT SHE
WAS AT RISK OF LOSING HER JOB.
AT ONE POINT SHE DID LOSE HER
JOB. AND BECAUSE WE WERE UNABLE
TO PAY THE RENT, WE WERE
EVICTED. 15 YEARS OLD. I WAS
SENTENCED TO THE GIRLS RANCH IN
SANTA CLARA COUNTY. WHILE I
SHOULD HAVE ONLY BEEN THERE FOR
6 TO 8 MONTHS, I DIDN'T GET
RELEASED UNTIL 17 YEARS OLD
DURING THE COVID 19 PANDEMIC. AS
AN ADULT. I NOW REFLECT ON WHAT
SUPPORT COULD HAVE BEEN IN PLACE
TO PROVIDE MY MENTAL AND
EMOTIONAL HEALTH NEEDS, WHICH
DIDN'T INCLUDE THE ADDED STRESS
OF $60,000 OF DEBT. BY THE TIME
I WAS 18 UPON MY RELEASE. I SOON
FELL INTO HOMELESSNESS AND
ADDICTION DUE TO UNMET MENTAL
HEALTH NEEDS OF NOT JUST MYSELF,
BUT MY ENTIRE FAMILY WAS ALSO A
VICTIM TO STREET VIOLENCE AND
EXPLOITATION. DURING THE TIME I
WAS HOMELESS. I NOTIFIED MY
RESTITUTION CASEWORKER THAT WAS
CURRENTLY STRUGGLING TO SURVIVE
WITH MY OWN DAILY NEEDS AND WAS
UNABLE TO MAKE MY 300 TO $600
MONTHLY PAYMENTS. MY MOTHER AND
I CONTINUE TO RECEIVE DAILY
THREATS. SOME I MISSED PAYMENTS
WOULD BE GARNISHED AND WE WOULD
BE TAKEN TO COURT IN ADDITION TO
THE MONEY THAT WAS ALREADY
GARNISHED WHEN I WAS RELEASED
FROM THE RANCH. THIS WAS MONEY
THAT WAS MEANT TO READ TO FUND
ME FOR MY REENTRY NEEDS AS WELL
AS SUPPORT. MY MARVEL IS ONLY
MAKING $1500 A MONTH AND
EXPECTED TO MAKE $300 A MONTH OF
RENT PAYMENTS. IF IT WEREN'T FOR
COVID, UM RENSING REGULATIONS,
SHE WOULD HAVE BEEN EVICTED A
LOT SOONER. I'M NOT 20 YEARS OLD
, A MOTHER OF FIANCE BUT MOST
IMPORTANTLY, A COMMUNITY LEADER
AND A SURVIVOR. I SERVE AS A
ROLE MODEL TO SHOW OUR YOUNG
FOLKS THAT EVEN THE MOST
IMPACTED HAVE THE POTENTIAL TO
USE THEIR EXPERIENCES TO CHANGE
THE WAY THE SOCIETY AND EVEN WE
VIEW OURSELVES. I'VE MENTORED
SYSTEM IMPACTED YOUTH. I'VE LED
LEGISLATIVE CHANGE IN YOUTH
JUSTICE AND MOST OF ALL, I'VE
LED HEALING AND TRANSFORMATIVE
JUSTICE CIRCLES TO SUPPORT YOUTH
LIKE MYSELF AND UNDERSTANDING
AND WORKING THROUGH HARM THEY
MAY HAVE CAUSED OR EVEN
EXPERIENCED. I'M ONE OF VERY FEW
FOLKS WHO HAD SUPPORT FROM OTHER
YOUTH LEADERS AND ORGANIZERS WHO
SAW MY VOICE AS IMPORTANT AND MY
STORY IS SACRED. I STAND HERE
TODAY IN MUCH DIFFERENT THAN THE
YOUNG WOMAN WHO ENTERED THE
SYSTEM AND WHO WAS A VICTIM OF
EXPLOITATION AND VIOLENCE THERE
ADDED STRESS AND CONTINUED
CYCLES OF POVERTY, THE PEOPLE
AND THE RESTORATIVE JUSTICE
SPACES THAT PROVIDED LOVE
SUPPORT AND PATIENTS WERE WHAT
MADE ME HOT ENOUGH TO SEE OTHERS
AS HUGE AS WHOLE BEINGS. A B 11
86 HAS THE POTENTIAL TO DO THE
SAME. URGE YOU TO PASS HB 11 86
TO ENSURE THAT YOU ARE GIVEN THE
OPPORTUNITY TO GROW INTO THEIR
POTENTIAL AS THEY LEARNED THE
IMPACT OF HARM. YOUNG PEOPLE DO
NOT DESERVE TO BE TREATED AS
UNWORTHY OF THESE OPPORTUNITIES
BUT DESERVE TO BE EMPOWERED AND
GIVEN APPROPRIATE SUPPORT WITH
EXTRA BARRIERS. THANK YOU. YES,
AND THE OTHER WITNESSES IN
SUPPORT. DANICA ROAD, ARMEL ON
BEHALF OF LAWYERS COMMITTEE FOR
CIVIL RIGHTS, THE SAN FRANCISCO
PUBLIC DEFENDER SMART JUSTICE
CALIFORNIA AND PROSECUTORS
ALLIANCE OF CALIFORNIA. ANALYSTS
ARRAYS WITH YOUNG MEN'S FREEDOM
CENTER AS WELL AS SISTER
WARRIORS FREEDOM COALITION'S
DOWN AS A CHAPTER IN STRONG
SUPPORT. STEPHANIE CHAVEZ, THE
YOUNG WOMAN'S FREEDOM CENTER
STRONGLY SUPPORT. LESLIE
CALDWELL, HOUSTON FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND SUPPORT. NORMAL
ROSCOE ELLA BAKER CENTER FOR
HUMAN RIGHTS, STRONG SUPPORT.
REBECA GONZALEZ NATIONAL
ASSOCIATION OF SOCIAL WORKERS
CALIFORNIA CHAPTER AND SUPPORT.
I AGREE FIDDLE WITH INITIATE
JUSTICE, PROUD CO SPONSOR STRONG
SUPPORT. IS HE SWINDLER ON
BEHALF OF THE CITY AND COUNTY OF
SAN FRANCISCO AND SUPPORT AS
LONG AS WELL AS SAN FRANCISCO
TREASURER, TAX COLLECTOR JOSE
SINCE ARROWS AND SUPPORT THANK
YOU. LINDA WATER WITH THE
CALIFORNIA CATHOLIC CONFERENCE
AND STRONG SUPPORT. HELLO SONYA,
THOMAS AND CASTELLANO ON BEHALF
OF COMMUNITIES UNITED, RESTORED
FOR RESTORATIVE JUSTICE,
COSPONSOR AND STRONG SUPPORTER
OF THE BILL. THANK YOU. ARLENE
ROSS SALAS FOR DREAM BEYOND
FELLOW STRONGLY SUPPORT. KELLY
WALTERS, STAFF ATTORNEY WITH
LEGAL SERVICES FOR PRISONERS
WITH CHILDREN, PROUD CO SPONSOR
AND STRONG SUPPORT. TYRANTS
BOSWELL SYSTEM IMPACTED. I
SUPPORT. TATIANA LOUIS WITH ALL
OF US OR NONE PROUD CO SPONSORS
AND STRONG SUPPORT. SOCHI.
LARIOS SYSTEM IMPACTED. I'M IN
STRONG SUPPORT. CHRISTOPHER
SANCHEZ WITH THE WESTERN CENTER
IN LONG POVERTY AND STRONG
SUPPORT. JIM LINDBERG, ON BEHALF
OF THE FRIENDS COMMITTEE ON
LEGISLATION IN CALIFORNIA IN
SUPPORT. RIGHT BALLARD CENTER
FOR EMPLOYMENT OPPORTUNITIES AND
A MEMBER OF INITIATE JUSTICE AND
STRONG SUPPORT. CAN HARTMAN ON
BEHALF OF THE TRANSFORMATIVE IN
PRISON WORKGROUP AND STRONG
SUPPORT. THANK YOU. ARE THERE
ANY WITNESSES IN OPPOSITION?
MARY MORTON WITH STONE ADVOCACY
ON BEHALF OF THE CALIFORNIA
DISTRICT ATTORNEYS ASSOCIATION.
WE ARE IN OPPOSITION, HOWEVER,
WE THINK THE AUTHOR AND SPONSORS
FOR THEIR WILLINGNESS TO WORK
WITH US AND WE LOOK FORWARD TO
CONTINUING CONVERSATIONS TO
ADDRESS OUR CONCERNS. IF THE
BILL MOVES FORWARD TODAY. THANK
YOU. THANK YOU. ANY OTHER
WITNESSES AND OPPOSITION. ANY
BRING IT BACK TO COMMITTEE, MR
BOND. BRIAN THANK YOU, UM I WANT
TO THANK. THE AUTHOR FOR
BRINGING THIS BILL FORWARD. THE
YOUTH JUSTICE COALITION JUST
CELEBRATED 20 YEARS IN LOS
ANGELES THIS PAST WEEKEND, AND
I'M THINKING OF ALL THE YOUNG
PEOPLE. J BOLIN PITA ANTHONY.
OTHER STORIES OF THE WAY THAT
RESTITUTION HAS STIFLED THEIR
ABILITY TO BUILD ANY KIND OF
ECONOMIC BASE, HAVING COME FROM
CONDITIONS THAT ALREADY DID THAT
IN A WHOLE COMMUNITY, SINCE
THERE ARE PLENTY OF WAYS THAT
ACCOUNTABILITY IS ALREADY
RENDERED THROUGH THE JUVENILE
JUSTICE SYSTEM, THERE ARE PLENTY
OF WAYS THAT VICTIMS CAN BE
COMPENSATED, SUCH AS THE
VICTIM'S COMPENSATION FUND.
PUTTING THESE BARRIERS ON YOUNG
PEOPLE, UH ONLY INCREASES THE
LIKELIHOOD THAT THEY ENCOUNTERED
THE ADULT PENAL SYSTEM. THIS IS
SMART LEGISLATION. IT'S
COMPASSIONATE LEGISLATION. IT'S
FISCALLY RESPONSIBLE LEGISLATION
. AND IF YOU ARE LOOKING FOR CO
AUTHORS, I'M HAPPY TO JOIN YOU.
ANY OTHER COMMENTS. YOU MAKE
CLOTHES. THANK YOU IN CLOSING.
I'LL JUST SAY THAT IT'S TIME WE
CREATE A YOUTH RESTITUTION
SYSTEM THAT BETTER SUPPORTS
CRIME SURVIVORS BY ENSURING THAT
THEY GET IMMEDIATE RELIEF.
WITHOUT SADDLING YOUTH AND THEIR
FAMILIES WITH LONG LASTING DEBT
. I RESPECTFULLY REQUEST YOUR I
VOTE AND I ALSO WANT TO THANK
YOU. WE'VE GOT TO GET TO A PART.
WE STOP CRIMINALIZING POVERTY,
ESPECIALLY OUR YOUNG PEOPLE. SO
THANK YOU FOR BRINGING THIS
FORWARD. CHEERS. RECOMMEND THE
AYE. ON A B 11 86 BYS REMEMBER
BOND TO THE MOTION IS PASSED TO
THE APPROPRIATIONS COMMITTEE.
JOHN SAWYER, JOHN SER ELONIS.
BANTER BANTER. I BRIAN, BRIAN, I
BLACKIE BLACKIE, NOT VOTING.
JACKSON JACKSON. I SANTIAGO
ZIPPER ZIPPER? AYE. PASSES THE
MEASURE PASSES. THANK YOU. NEXT.
MAYBE 11 04 BONTA CORRECTIONS
AND REHABILITATION SENTENCING.
GOOD AFTERNOON, MR CHAIR AND
MEMBERS. THANK YOU FOR LETTING
US GET SET UP. I WOULD LIKE TO
EXPRESS MY APPRECIATION TO THE
COMMITTEE STAFF FOR THEIR TIME
WORKING ON THIS BILL. GIVEN THE
DEEP COMMITMENT I HAVE TO
EXPANDING IN PRISON PROGRAMMING
. I'M EXCITED TO AUTHOR THIS
LEGISLATION IN THE 2015 2016
SESSION, THE LEGISLATURE DECIDED
TO MOVE AWAY FROM PUNITIVE
JUSTICE TOWARDS A MORE
RESTORATIVE JUSTICE APPROACH AND
DIRECTED THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION TO CREATE A
MISSION STATEMENT IN LINE WITH
THOSE STATED GOALS. CDCR S
MISSION STATEMENT NOW READS AS
FOLLOWS. TO FACILITATE THE
SUCCESSFUL REINTEGRATION OF THE
INDIVIDUALS IN OUR CARE BACK TO
THEIR COMMUNITIES EQUIPPED WITH
THE TOOLS TO BE DRUG FREE,
HEALTHY AND EMPLOYABLE MEMBERS
OF SOCIETY BY PROVIDING
EDUCATION TREATMENT,
REHABILITATIVE AND RESTORATIVE
JUSTICE PROGRAMS, ALL IN A SAFE
AND HUMANE ENVIRONMENT. DESPITE
THE PROGRESS, THE PENAL CODE HAS
NOT BEEN UPDATED TO REFLECT THIS
CHANGE IN APPROACH. MY BILL
ALIGNS PENAL CODE 11 70 WITH
CDCR S STATED MISSION BY MAKING
TWO CRITICAL CHANGES FIRST A B
11. OH, FOUR MAKES CLEAR THAT
ONCE A PERSON HAS BEEN SENTENCED
TO A TERM OF INCARCERATION THE
PUNISHMENT GOAL OF SENTENCING IS
SATISFIED. MEANING THAT A
PERSON'S INCARCERATION ALONE IS
PUNISHMENT. SECONDLY, MY BILL
CLARIFIES THAT THE PURPOSE OF
INCARCERATION IS REHABILITATION
AND PREPARING FOR REENTRY AND
HIGHLIGHTS THE CRITICAL ROLE
THAT COMMUNITY BASED
ORGANIZATIONS PLAY IN HAVING
PROVIDING THIS TYPING TYPE OF
PROGRAMMING. ALL INCARCERATED.
PEOPLE SHOULD HAVE ACCESS TO
REHABILITATIVE PROGRAMMING.
PEOPLE IN PRISON SHOULD HAVE
ACCESS TO QUALITY IMPACTFUL
PROGRAMS. PROGRAMS RUN BY
COMMUNITY BASED ORGANIZATIONS
ARE BEST POSITIONED TO PROVIDE
QUALITY SERVICES TO INCARCERATED
PEOPLE. I WANT TO BE VERY CLEAR
THAT THIS BILL DOES NOT MANDATE
CDCR TO DO ANYTHING. WHILE THE
LANGUAGE CHANGES MANY MACY WHILE
THE LANGUAGE CHANGES MAY SEEM
MINOR, THIS BILL IS CREATING A
FOOTHOLD FOR FURTHER CHANGE. THE
CLARIFICATION AROUND PUNISHMENT
AND REHABILITATION IS NECESSARY
TO SHIFT THE CULTURE OF OUR
SYSTEM THAT HAS FOR YEARS
FOCUSED ON LOCK THEM UP AND
THROW AWAY THE KEY APPROACH, AND
RATHER, WE WANT TO MOVE TOWARDS
RECOGNIZING THAT THE GOAL IS TO
BE REHABILITATIVE AND SEEK
ACCOUNTABILITY AND EVENTUALLY
RELEASE THANK YOU. AND AS
WITNESSES TODAY I HAVE BEEN
HARTMAN WITH THE TRANSFORMATIVE
IN PRISON WORKGROUP AND MARY LOU
ALEJANDRO REYES WITH SANTA CRUZ
BARRIERS UNIDOS. UM. HI MY NAME
IS MARY LOU ALEJANDRA IS AND I
WORK FOR SANTA CRUZ BODY TO NEED
US IN SANTA CRUZ, CALIFORNIA. WE
ARE A MULTICULTURAL, NONPROFIT
ORGANIZATION. OUR MISSION IS TO
REDUCE FINANCE IN OUR COMMUNITY
AND WE ADVOCATE FOR PRISON
POLICY REFORM AND PROGRAMS THAT
REDUCE THROUGH CITIZENS. UM,
SUPPORT REENTRY AND UNIFIED
FAMILIES. TODAY I COME HERE AS A
SURVIVOR OF SOMEONE WHO'S BEEN
HARMED. AND AS AN ADVOCATE OF
PRESIDENT POLICY REFORM. AS A RE
ENTRY PROGRAM COORDINATOR. I'VE
WORKED IN THE CALIFORNIA PRISONS
WITH THE INCARCERATED POPULATION
FOR OVER 30 YEARS. OVER THOSE 30
YEARS I HAVE WITNESSED AND
INCARCERATED INDIVIDUALS
TRANSFORM IN MAKING POSITIVE
LIFE AFFIRMING CHANGES AND
BECOMING BETTER PEOPLE. MANY OF
THESE INDIVIDUALS NOW ARE
RUNNING THEIR OWN NONPROFITS,
PRIVATE BUSINESSES AND GIVING
BACK TO THEIR COMMUNITIES. THEY
HAVE TOLD ME THAT THIS COULD NOT
HAVE HAPPENED WITHOUT THEM
HAVING THE OPPORTUNITIES TO TAKE
ADVANTAGE OF DIFFERENT PROGRAMS
THAT COMMUNITY BASED
ORGANIZATIONS PROVIDE WITHIN THE
PRISONS. THIS SAD I HAVE ALSO
WITNESSED INSTITUTIONS WITH
WITHOUT ANY OR VERY LIMITED
PROGRAMMING AVAILABILITY, IN
WHICH IN TURN LTD. PERSON'S
OPPORTUNITY FOR HEALING AND THE
ABILITY TO ACQUIRE THE NECESSARY
SKILLS NEEDED, MAKING THEM
THROUGH NO FAULT OF THEIR OWN
ILL PREPARED FOR RE ENTRY BACK
INTO SOCIETY. THIS BILL 11 OR
FOUR WAS SUPPORT COMMUNITY BASED
ORGANIZATIONS WHO ARE BEST
EQUIPPED AND PROVIDING THE
NECESSARY PROGRAMS TO EXPAND
THROUGHOUT THE CALIFORNIA
PRISONS. AND THAT WILL HELP
REDUCE FOR CITIZENS IS, UM AND
INCREASE HEALTHIER ENTRY FOR
ALL. I BROUGHT WITH ME A WHOLE
BUNCH OF LETTERS WITH ME OF
PEOPLE REQUESTING PROGRAMMING
FROM THROUGHOUT THE STATE OF
CALIFORNIA. JUST AS A SHOW. UM
WE GET THESE LETTERS PROBABLY 10
TO 15 LETTERS A DAY FROM MY
ORGANIZATION. IN CLOSING. I
REALLY WOULD LIKE TO THANK
ASSEMBLY BOLT OUT FOR CONTINUED
TO PUSH FOR A BETTER
CONDITIONING AND PROGRAMMING AND
ALL THE CALIFORNIA PRISONS ARE
URGED YOU TO VOTE. YES FOR THIS
BILL TO MOVE FORWARD, AND I
THANK YOU ALL FOR YOUR TIME.
THANK YOU. YES, SIR. I'M KEN
HARTMAN FROM THE TRANSFORMATIVE
IN PRISON WORK GROUP. WE ARE A
COALITION OF 85 COMMUNITY BASED
ORGANIZATIONS THAT PROVIDE
REHABILITATIVE PROGRAMS, TRAUMA
, HEALING, RESTORATIVE JUSTICE
PROGRAMS AND COLLECTIVELY AND
ALL OF CALIFORNIA'S PRISONS. WE
ARE PROUD ONCE AGAIN TO BE
WORKING WITH ASSEMBLYMEMBER'S
WANTED TO CONTINUE TO PUSH TO
MAKE POSITIVE CHANGE TO KITCHEN
CONDITIONS INSIDE THE PRISONS,
WHICH ULTIMATELY IMPROVES
OUTCOMES FOR ALL CALIFORNIANS.
BY CLEARLY DEFINING INTO LAW
THAT THE PURPOSE OF
INCARCERATION IS REHABILITATION
, EDUCATION, RESTORATIVE JUSTICE
AND HEALING. THIS BILL RESETS
EXPECTATIONS. AND IT SIGNALS THE
DEFINITIVE END TO THE FAILED
PURELY PUNITIVE APPROACH THAT
PROPELLED MASS INCARCERATION IN
OUR STATE. THIS BILL ALSO
RECOGNIZES THE CENTRAL ROLE OF
COMMUNITY BASED ORGANIZATIONS IN
THE REMAKING OF OUR PRISONS AS A
FORMERLY INCARCERATED PERSON. I
KNOW HOW IMPORTANT IT IS TO
PROVIDE OPPORTUNITIES FOR GROWTH
AND TRANSFORMATION, INCLUDING
THE VOICES AND PRESENCE OF
PEOPLE WITH MOST IMPACTED BY
INCARCERATION. PARTICULARLY THE
FORMERLY INCARCERATED. INCREASES
THE LIKELIHOOD OF SUCCESS FOR
OUR FUTURE FELLOW COMMUNITY
MEMBERS COMING HOME. I WOULD NOT
BE LIVING THE LIFE. I AM LIVING
NOW WITHOUT THE CARE AND SUPPORT
OF COMMUNITY BASED ORGANIZATIONS
INSIDE AND OUTSIDE. UM
DOSTOYEVSKY SAID. THAT THE WAY
YOU JUDGE ANY CIVILIZATION IS BY
ENTERING ITS PRISONS. AND IN
THAT LIGHT, I JUST WANT TO
ENCOURAGE EVERYONE AROUND THIS
TABLE TWO. PLEASE GO INSIDE OUR
PRISONS AND VISIT OUR MEMBER
ORGANIZATIONS PROGRAMS. I AM
VERY CONFIDENT. YOU WILL BE
EXTREMELY IMPRESSED AS MR LACKEY
RECENTLY WAS, UH AND WITH THAT,
I JUST WANT TO SAY THANK YOU
VERY MUCH ASSEMBLYMEMBER'S BONDS
AGAIN AND ASK FOR A YES VOTE.
THANK YOU. ARE THERE ANY OTHER
WITNESSES IN SUPPORT? DANICA
ROAD, ARMEL ON BEHALF OF GRIP
TRAINING INSTITUTE IN SAN
FRANCISCO PUBLIC DEFENDER.
ANTHONY DI MARTINO ON BEHALF OF
CALIFORNIA'S FOR SAFETY AND
JUSTICE AND STRONG SUPPORT.
ANALYSTS ARIES WITH YOUNG
WOMAN'S FREEDOM CENTER AND
SUPPORT THAT WOULD INITIATE
JUSTICE AND SUPPORT. LESLIE
CALDWELL, HOUSTON FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND SUPPORT. LINDA
WATER WITH THE CALIFORNIA
CATHOLIC CONFERENCE AND STRONG
SUPPORT. GERONIMO CUAUHTEMOC
ARGYLL, OUR LEGAL SERVICES FOR
PRISONERS WITH CHILDREN AND
STRONG SUPPORT. TATYANA LOUIS
WITH ALL OF US OR NONE AND
STRONG SUPPORT. THANK YOU. JIM
LINDBERG ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
CALIFORNIA IN SUPPORT. STEPHANIE
CHAIRS AT THE YOUNG WOMAN'S
FREEDOM CENTER AS STRONGLY
SUPPORT. SONYA THOMAS AND
CASTELLANO ON BEHALF OF
COMMUNITIES UNITED FOR A START
OF YOUTH JUSTICE AND SUPPORT.
THANK YOU, DOCTOR, ANY WITNESSES
AND OPPOSITION. ANY WITNESSES
AND OPPOSITION CNN BRING IT BACK
TO THE COMMITTEE FOR ANY COMMON
. THE MOVE THE SECOND YOU MAKE
CLOTHES. THANK YOU. CHAIR AND
MEMBERS. I LEAVE YOU WITH THIS
THOUGHT THAT I'VE SHARED
PREVIOUSLY 95% OF INCARCERATED
PEOPLE WILL BE RELEASED FROM
PRISON BACK INTO OUR COMMUNITIES
. LET'S CONTINUE TO FOCUS ON
REHABILITATION AND RE ENTRY
SERVICES THAT PROVIDE PEOPLE
WITH THE TOOLS THEY NEED TO BE
SUCCESSFUL IN THEIR REENTRY
JOURNEYS BY SUPPORTING CDCR IN
DOING SO, AND CODIFYING THIS
INTO CALIFORNIA LAW. SO THAT
EMISSION CAN BE OUR DIRECTION IN
LEGISLATION. THANK YOU. CHEERS
RECOMMENDED. I CALLED THE BOAT
CALLED THE WORLD. ON A B 11. OH,
FOUR BISON. REMEMBER BONTA. THE
MOTION IS DUE PASS. JOAN SAWYER.
JUMP SIR. I ELONIS BONTA. I
BRIAN. BRIAN I LÀ K¾T NOT VOTING
. JACKSON JACKSON I SANTIAGO
SUPER SUPER. AYE. THAT MEASURE
PASSES. THANK YOU.
YOU MAY BEGIN. THANK YOU, MR
CHAIR. TODAY I PRESENT A B 852,
WHICH WOULD DECLARE THE
LEGISLATURE'S INTENT TO CORRECT
THE RACIAL BIAS WITHIN OUR
CRIMINAL JUSTICE SYSTEM AND
REQUIRE COURTS TO CONSIDER THAT
DISPARATE IMPACT ON HISTORICALLY
DISENFRANCHISED POPULATIONS WHEN
IMPOSING SENTENCES. LAST YEAR,
THE CALIFORNIA REPARATIONS TASK
FORCE RELEASED ITS INTERIM
REPORT. AS SCHEDULED TO RELEASE
ITS FINAL REPORT IN THE COMING
MONTHS AND OUR INITIAL REPORT
THE TASK FORCE STUDIED ALL
ASPECTS OF GOVERNMENT, INCLUDING
SPECIFICALLY THE UNJUST LEGAL
SYSTEM IN PREPARATION FOR THE
TASK FORCE FINAL REPORT DUE IN
THE COMING MONTHS. A B 852
BRINGS PARITY TWO DEFENDANTS BY
REQUIRING COURTS TO WEIGH
SENTENCE AGAINST THE BACK DRIVE.
BACKDROP OF HISTORICALLY I'M
EQUAL APPLICATION OF
DISCRETIONARY SENTENCING. THIS
BILL IS A WORK IN PROGRESS AND
WILL BE UPDATED TO INSTEAD
CODIFY NECESSARY CHANGES IN LAW
AS RECOMMENDED BY THE TASK FORCE
AND THE FINAL REPORT. I ASKED
FOR YOUR SUPPORT OF THIS BILL SO
WE CAN CONTINUE TO WORK OF THE
TASK FORCE. THANK YOU. AND I
RESPECTFULLY ASK FOR AN I VOTE.
AND ANY OTHER WITNESSES IN
SUPPORT. DANICA RIGHT ARM ON
BEHALF OF THE SAN FRANCISCO
PUBLIC DEFENDER AND SUPPORT
LESLIE CALDWELL, HOUSTON ON
BEHALF OF THE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION AND
SUPPORT. GREGORY FOR THAT WITH
INITIATE JUSTICE AND SUPPORT.
ANTHONY DEMARTINO ON BEHALF OF
CALIFORNIANS FOR SAFETY AND
JUSTICE AND SUPPORT ANY
WITNESSES AND OPPOSITION. THAT
WAS QUICK. OKAY? WE'LL BRING IT
BACK TO STAFF. I SHOULD SAY THE
BOARD. OKAY? WE HAVE A 1ST AND
2ND. YES WE'RE READY FOR A
CLOSE. THAT WAS FAST, REAL FAST.
IT'S GOOD. I RESPECTFULLY ASK
FOR YOUR I VOTE. OKAY WE'LL CALL
FOR THE QUESTION ON A B 8 50 TO
BUY SOME REMEMBER JOHN SAWYER.
THE MOTION IS DUE PASS JOHN
SAWYER ELONIS. BANTA I BRIAN,
BRIAN, I LACKEY VOTING, NOT
VOTING. JACKSON JACKSON I
SANTIAGO. SUPER SUPER I MEASURE
PASTORS. CONGRATULATIONS. THANK
YOU.
OKAY? AS WE'RE WAITING FOR OTHER
MEMBERS TO COME SO WE CAN
FINALIZE UM. THEY SHOULD BE HERE
IN A FEW MINUTES. I WANT TO
QUICKLY READ A STATEMENT. GOOD
MORNING MEMBERS OR GOOD
AFTERNOON. NOW THE FENTANYL
CRISIS HAS IMPACTED. IMPACTED
COUNTLESS LIVES ACROSS THE STATE
AND HAS BEEN ON THE RISE IN
RECENT YEARS. THIS YEAR, A
NUMBER OF MY COLLEAGUES HAVE
INTRODUCED FENTANYL RELATED
BILLS THAT HAVE SOUGHT TO
ADDRESS THE ISSUE IN A VARIETY
OF DIFFERENT WAYS. AS SUCH AS
CHAIR. I HAVE PULLED OFF
FENTANYL RELATED BILLS FROM THE
ORDER OF BUSINESS FOR EACH OF
THIS YEAR'S COMMITTEE HEARINGS,
AND WE'RE HOLDING INFORMAL
HEARING THIS FALL ON THE TOPIC.
THE FENTANYL CRISIS CANNOT.
BECOME BATTED THROUGH
INCREMENTAL MEASURES. WE MUST
TACKLE THIS WITH THE
MULTILAYERED APPROACH IT
DESERVES. IT IS COMPLEX.
CONTROVERSIAL. AND UNBELIEVABLY
IMPORTANT TO EVERYONE IN
CALIFORNIA. I LOOK FORWARD TO
BRINGING ALL AUTHORS ALL
STAKEHOLDERS. OF VICTIMS. ALL OF
LAW ENFORCEMENT. EVERYONE
DOESN'T INTIMATELY INVOLVED.
WITH THE FENTANYL CRISIS TO
PROVIDE THEIR PERSPECTIVES AND
ENSURING THE DATA AND RESEARCH
LEAD. TO LEAD THE CONVERSATION
AND INFORMING OUR RESPONSE TO
THIS CRISIS. I AM PULLING THESE
BILLS FOR THE FOLLOWING REASONS
. FIRST I WANT TO BRING ALL
ASPECTS OF THE FENTANYL
CONVERSATION TOGETHER SO WE CAN
ADDRESS THE ISSUE HOLISTICALLY
AND THROUGH IT, NOT THROUGH A
PIECEMEAL APPROACH FROM A
VARIETY OF BILL'S SECOND THIS
ISSUE MUST BE ADDRESSED AS A
PUBLIC HEALTH CRISIS AND PUBLIC
SAFETY CRISIS. AS SUCH, I WILL
BE INVITING HEALTH ADVOCATES AND
POLICY EXPERTS, INCLUDING THE
HEALTH COMMITTEE TO THIS
HEARING. FINALLY WE HAVE THE
LEGISLATURE ALLOCATED ALMOST
SEVEN MILLION TO THE ATTORNEY
GENERAL TO ESTABLISH FENTANYL
ENFORCEMENT TASK FORCE. IN
ADDITION, TO THE GOVERNOR,
RECENTLY ANNOUNCING PLANS FOR A
MULTI MILLION DOLLAR INVESTMENT
INTO THAT SALON. UH AND OTHER
EMERGENCY RESOURCES TO COMBAT
THIS CRISIS. THESE ARE IMPORTANT
STAKEHOLDERS. THAT MUST BE A
PART OF THIS CONVERSATION AND
INFORMAL HEARING ALLOWS US TO DO
JUST THAT. I LOOK FORWARD TO
HOLDING THE THAT NO INFORMAL
HEARINGS THIS FALL AND INVITE MY
COLLEAGUES, INCLUDING THE
FENTANYL BILL. AUTHORS ALL
STAKEHOLDERS VICTIMS, LAW
ENFORCEMENT AND OTHERS HEALTH
COMMITTEE, THE ATTORNEY GENERAL
AND THE ADMINISTRATION TO JOIN
ME IN TACKLING THIS CRISIS.
THANK YOU. NEXT WE WILL DO ANY
ADD ONS, LIFTING OF CALLS AND
VOTE CHANGES. MADAM SECRETARY
PLEASE GO THROUGH ALL THE
MEASURES TAKEN UP TODAY. AND THE
CONSENT CALENDAR. BRIAN BRIAN I.
SANTIAGO. SANTIAGO I ZABAR
ZIPPER? AYE. ITEM 1 80 44 WAS ON
CONSENT. ITEM NUMBER TWO, MAYBE
4 55 BY SEVEN MEMBER QUIRK-SILVA
COLONIES I SANTIAGO SANTIAGO.
AYE. I DON'T NUMBER THREE MAYBE
4 58 WAS ON CONSENT. ITEM NUMBER
FOUR. MAYBE 5 TO 3 WAS PULLED BY
THE AUTHOR. I DON'T NUMBER FIVE.
MAYBE 567 WAS ON CONSENT. I
DON'T NUMBER SIX, A B 642 WAS
PULLED BY THE AUTHOR. I DON'T
NUMBER SEVEN A B 667 WAS PULLED
BY THE AUTHOR. ITEM NUMBER
EIGHT. MAYBE 8 52 BY A SIMMER
MEMBER, JOAN SAWYER, ALANIS
ALANIS, NOT VOTING. SANTIAGO
SANTIAGO. AYE. I REMEMBER NINE.
MAYBE 977 WAS PULLED BY THE
AUTHOR. I DIDN'T NUMBER 10 MAYBE
10 28 BY SEVEN MEMBER MAKIN ER
THIS MEASURE WAS ON CALL.
JACKSON JACKSON I SANTIAGO
SANTIAGO EYES SUPER SUPER I.
THAT MEASURE PASSES. ITEM NUMBER
SEVEN A B 11 A B 10 34. ELONIS.
ALANIS? NO SANTIAGO SANTIAGO.
AYE. I DON'T NUMBER 12. MAYBE 10
47 WAS PULLED BY THE AUTHOR.
ITEM NUMBER 13. MAYBE 10 67.
THIS MEASURE WAS ON CALL BY JIM
PATTERSON. EXCUSE ME SOME MARGIN
. PATERSON BRIAN, BRIAN, NOT
VOTING, JACKSON. JACKSON, NOT
VOTING. BONTA. BANK TO NOT
VOTING TO. AYE. THAT MEASURE NOW
PASSES. ITEM NUMBER 14 MAYBE 10
89 BY SEMI MEMBER GIBSON. THIS
MEASURE WAS ON CALL ELONIS
ELONIS. AYE, BONTA. HI BANTA.
AYE, LACKEY. MAYBE 10 89 BY
SEVEN MEMBER GIBSON. BLACKIE NO
. JACKSON JACKSON I SANTIAGO ALL
RIGHT. SANTIAGO I THAT MEASURE
PASSES ITEM NUMBER 15. A B 11
OH, FOUR BY SEVEN MEMBER BANTA
COLONIES, NOT VOTING. SANTIAGO
SANTIAGO. I DON'T NUMBER 16 11
18 WAS ON CONSENT ITEMS 17.
MAYBE 11 49 WAS ON CONSENT. ITEM
18. MAYBE 11 77 WAS ON CONSENT.
ITEM NUMBER 19 A B 11 86 BY
SEVEN MEMBER BANTA COLONIES
UNDERNEATH I SANTIAGO SANTIAGO,
I ITEM NUMBER 2012 26 WAS ON
CONSENT ITEM 21 A B 12 66 BY
SEVEN MEMBER KALRA. THIS MEASURE
WAS ON CALL COLONIES ANY SNOW,
BANTA. AYE JACKSON, JACKSON EYES
SANTIAGO SANTIAGO I THAT MEASURE
PASSES. ITEM 22. MAYBE 13 10
BIAS. MM. MEMBER MAKIN OR THIS
MEASURE WAS ON CALL BRIAN. BRIAN
I JACKSON. JACKSON I ZABAR SUBIR
I. THAT MEASURE PASSED. MR
SANTANA. OKAY? I DON'T DO ANY
THREE. MAYBE 13 51 WAS ON
CONSENT. ITEM 24 13 68 BY MR
LACKEY SANTIAGO. HI SANTIAGO. I
WOULD YOU LIKE TO GO BACK TO BIT
18 10 34. WHETHER I HAVE YOU AS
I MAYBE 10 34 AM ASSISTS. OKAY
THIS CONCLUDES, CONCLUDES THE
PUBLIC SAFETY HEARING COMMITTEE
MEETING. JUST JUST A LITTLE BIT
BEFORE.