MORNING. WELCOME TO THE ASSEMBLY
PUBLIC SAFETY COMMITTEE. HEARING
WILL BEGIN. WITH. ALL WITNESSES
, ALL WITNESS TESTIMONY WILL BE
IN PERSON. THERE WILL BE NO
PHONE TESTIMONY OPTION FOR THIS
HEARING. YOU CAN FIND
INFORMATION ON THE COMMITTEE'S
WEBSITE ASSEMBLY DOT CA.GOV
BACKSLASH COMMITTEES. UM. WE
HAVE ONE PULLED ITEM ITEM NUMBER
FOUR A. B 702 JACKSON, LOCAL
GOVERNMENT FINANCING JUVENILE
JUSTICE. WE WILL BE GIN AS A
SUBCOMMITTEE. AND I HAVE A LIST
OF FIVE AUTHORS. 123456 BILLS.
AND NO AUTHORS PRESENT. ALSO
THANK YOU. MR ORTEGA'S HERE. UM,
HOPEFULLY OTHER MEMBERS WILL BE
HERE SO WE CAN ESTABLISH A
QUORUM. WE HAVE A VERY LIMITED
TIME. OH MR WILSON, YOU MAY COME
AND BEGIN. THE LAST ONE TO SIGN
UP IN THE FIRST ONE HERE, SO
GUESS WHAT. WAITING FOR A
WITNESS. WHAT DOES SHE NEED TO I
MEAN, MY UM THIS. THIS ENJOYS AN
EYE RECOMMENDATION FROM THE
CHAIR. AND I FEEL PRETTY
CONFIDENT. THAT. I MEAN, I JUST
FEEL CONFIDENT THAT YOUR
ATTEMPTS TO END SLAVERY AND
CALIFORNIA MIGHT BE A PRETTY
SUCCESSFUL WELL, THANK YOU, MR
CHAIR. THANK YOU. TO THE MEMBERS
OF THE COMMITTEE IS MY ABSOLUTE
PLEASURE TO BE HERE TODAY. NOT
ONLY STANDING NOT ONLY, UM,
BEING THE ASSEMBLYMEMBER'S WHOSE
AUTHORING THIS BILL, BUT ALSO AS
THE CHAIR OF THE LEGISLATIVE
BLACK CAUCUS TO BRING FORWARD
THIS PARTICULAR UM,
CONSTITUTIONAL AMENDMENT A. C A
EIGHT. THIS ASSEMBLY
CONSTITUTIONAL AMENDMENT WOULD
REMOVE THE EXCEPTION OF
INVOLUNTARY SERVITUDE FROM OUR
STATE CONSTITUTION. AND DECLARE
THAT ALL FORMS OF SLAVERY ARE
PROHIBITED PERIOD. CALIFORNIA IS
AMONG ONLY 16 STATES. WHAT AN
EXCEPTION CLAUSE FOR INVOLUNTARY
SERVITUDE AND IT STATES
CONSTITUTION. MOST RECENTLY,
VOTERS IN ALABAMA. OREGON
TENNESSEE AND VERMONT REMOVED
INVOLUNTARY SERVITUDE LANGUAGE
FROM THEIR STATE CONSTITUTION. A
C A EIGHT IS AN OPPORTUNITY FOR
THE MOST PROGRESSIVE STATE IN
THE UNION TO CATCH UP TO THESE
STATES. AND ALSO SERVED AS A
MODEL FOR OTHERS AND OUR NATION.
INVOLUNTARY SERVITUDE AS AN
EXTENSION OF SLAVERY PERIOD.
THERE IS NO ROOM FOR SLAVERY IN
OUR CONSTITUTION. WHICH SHOULD
REFLECT OUR VALUES. THIS YEAR IN
2023. THE LEGACY OF SLAVERY AND
FORCED LABOR RUNS DEEP IN
CALIFORNIA'S HISTORY. FROM THE
EXPLOITATION OF INDIGENOUS
PEOPLE IN SPANISH MISSIONS TO
BLACK SLAVES FORCED TO MINE FOR
GOLD. CALIFORNIA ENTERED THE
UNION AS A FREE STATE. AGREE
WITH QUOTES AROUND IT. THERE
WERE MORE THAN 1000 ENSLAVED
AFRICAN AMERICANS. AS WELL AS
THOUSANDS OF ENSLAVED INDIGENOUS
PEOPLE IN CALIFORNIA AT A TIME
WHEN THE TOTAL POPULATION WAS
JUST 100,000 PEOPLE. TODAY
SLAVERY TAKES ON THE MODERN FORM
OF INVOLUNTARY SERVITUDE,
INCLUDING FORCED LABOR AND
PRISONS. SLAVERY IS WRONG AND
ALL FORMS AND CALIFORNIA SHOULD
BE CLEAR AND DENOUNCING THAT IN
OUR CONSTITUTION. S E, A
PRIORITIZES REHABILITATION FOR
INCARCERATED PEOPLE.
INCARCERATED PEOPLE SHOULD BE
ABLE TO CHOOSE JOBS AND SHIFTS
THAT ALLOW THEM TO WORK
CONTINUED. SORRY. INCARCERATED
PEOPLE SHOULD BE ABLE TO CHOOSE
JOBS AND SHIFTS THAT ALLOW THEM
TO CONTINUE THEIR EDUCATION. TO
GET COUNSELING AND TO
PARTICIPATE IN OTHER
REHABILITATIVE PROGRAMS THAT
FACILITATE GROWTH. AND
TRANSFORMATION WITHOUT THE FEAR
OF ADDITIONAL PUNISHMENTS FOR
EXERCISING THEIR RIGHT TO
CHOOSE. HERE TO TESTIFY. YEAH
SHE'S HERE. I'LL SEE APRIL
GRAYSON HAS MADE IT INTO THE
BUILDING. OKAY JOHN VASQUEZ.
APRIL WAS WITH SISTER WARRIORS
FREEDOM COALITION. IF SHE WALKS
IN, I'D LIKE HER TO BE ABLE TO
TESTIFY. AND HERE WE HAVE JOHN
VASQUEZ. IT'S ABOUT MY READING
GLASSES. IT'S CATCHING UP TO ME
. COME ON TOP OF YOUR HEAD.
THESE ARE LIKE SUNGLASSES LIKE
IT'S GOING TO BE 90 DEGREES
TODAY. YOU KNOW, IT'S LIKE, WELL
, GOOD MORNING, MR CHAIR AND
MEMBERS OF THE COMMITTEE. UH MY
NAME IS JOHN VASQUEZ ON THE
POLICY MANAGER FOR COURAGE. ALSO
SURVIVED 25 YEARS OF
INCARCERATION. SO I'M VERY
FAMILIAR WITH THE HARMFUL
EFFECTS OF SLAVERY BEHIND PRISON
WALLS. UPON MY RELEASE, I
GRADUATED SUMMA CUM LAUDE WITH A
B, A IN SOCIOLOGY AND MINOR
CRIMINAL JUSTICE. AND ALTHOUGH
HISTORY WASN'T MY MAJOR WAS MY
FAVORITE ONE OF MY FAVORITE
SUBJECTS. THE HISTORY OF
SLAVERY. IN CALIFORNIA'S PRISON
SYSTEM. IS DIRECTLY TIED TO
RACIAL CAPITALISM, WHITE
SUPREMACY AND THE SUBJUGATION OF
BLACK AND INDIGENOUS PEOPLE.
THIS IS EVIDENCED BY THE 18 50
ACT. FOR THE GOVERNMENT AND
PROTECTION OF INDIANS, WHICH
MADE IT LEGAL FOR ANY WHITE MAN
WHO FOUND A NATIVE PERSON
LOITERING STROLLING ABOUT
UNEMPLOYED. BEGGING. OR LEADING
AN IMMORAL LIFE. TO TAKE THAT
CHARGE BEFORE I JUDGE THE JUDGE
WOULD THEN HAVE THE NATIVE
PERSON ARRESTED. TRIED IN COURT
IMPRISONED AND SOLD AT A PUBLIC
AUCTION TO THE HIGHEST BIDDER
WITHOUT PERSON BEFORE STA LABOR
UNDER THREAT OF PUNISHMENT.
ALTHOUGH CALIFORNIA NO LONGER
USES THE PUBLIC AUCTION BLOCK
OUR CURRENT PRISON SYSTEM STILL
PRACTICES SLAVERY UNDER THE
GUISE OF INVOLUNTARY SERVITUDE.
WHICH IS SIMPLY SLAVERY BY
ANOTHER NAME. THIS EUPHEMISM
DOES NOT HIDE THE FACT THAT
SLAVERY IN ANY FORM AS AN EVIL
INSTITUTION AND HAS NO PLACE IN
CALIFORNIA OR ANYWHERE ELSE, FOR
THAT MATTER. IT ALSO DOESN'T
HIDE THE FACT THAT THE VAST
MAJORITY OF PEOPLE FORCED AND
COERCED TO LABOR AND TODAY'S
PRISON SLAVE SYSTEM OR BLACK OR
HAVE INDIGENOUS ANCESTRY. LAST
NOVEMBER. VOTERS IN FOUR STATES,
INCLUDING ALABAMA. ALABAMA,
Y'ALL. APPROVED BALLOT MEASURES
THAT CHANGE THEIR STATE
CONSTITUTIONS PROHIBIT SLAVERY
AND INVOLUNTARY SERVITUDE AS
PUNISHMENT PUNISHMENT FOR
CRYING. IT'S IMPERATIVE THAT
THIS LEGISLATURE ALLOW
CALIFORNIA VOTERS. THE
OPPORTUNITY TO REJECT SLAVERY IN
ALL ITS FORMS, NOW AND FOREVER.
I RESPECTFULLY REQUEST YOUR I
VOTE. THANK YOU. THANK YOU FOR
YOUR WITNESS COMES IN. WHY WE GO
AHEAD AND TAKE ANY OTHERS THERE
IN SUPPORT. THE BILL. NATASHA
MINSTER, SMART JUSTICE,
CALIFORNIA AND STRONG SUPPORT.
DANA GORDON ON BEHALF OF
INITIATE JUSTICE, THE GRIP
TRAINING INSTITUTE IN THE
TRANSFORMATIVE IN PRISON
WORKGROUP AND SUPPORT. GOOD
MORNING, MARCO GEORGE ON BEHALF
OF THE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION, AND ALSO
THE SAN FRANCISCO PUBLIC
DEFENDER'S OFFICE AND SUPPORT.
MELINDA CONNIE, WITH THE
CHILDREN'S DEFENSE FUND,
CALIFORNIA ALSO IN SUPPORT.
TASIA STEPHENS WITH CATALYST,
CALIFORNIA AND STRONG SUPPORT.
DORSEY N N, FOUNDER OF ALL OF US
IN ON AND LEGAL SERVICES FOR
PRISONERS WITH CHILDREN IS
STRONG SUPPORT. THANK YOU.
JOANNE SHEER ON BEHALF OF FELONY
MURDER ELIMINATION PROJECT AND
MY SON ANTHONY IN STRONG
SUPPORT. GOOD MORNING, EMILY
HARRIS WITH ELLA BAKER CENTER
FOR HUMAN RIGHTS AND STRONG
SUPPORT. DEANNA LEWIS, WITH ALL
OF US OR NONE AND STRONG SUPPORT
OF A C EIGHT. THANK YOU. GOOD
MORNING. MY NAME IS ALI UM
MOHAMMED. WITH SIMPLY UNIQUE
COMMUNITY SERVICES, AND ALL OF
US ARE NONE IN STRONG SUPPORT.
THANK YOU. SO MERCADO PLANTING
JUSTICE OUT OF OAKLAND AND
STRONG SUPPORT OF A C A EIGHT.
SONYA THOMAS AND CASTELLANO WITH
COMMUNITIES UNITED FOR SORT OF
YOUTH JUSTICE AND STRONG
SUPPORT. THANK YOU. ON THE COLOR
OF REPRESENTING DREAMY ON BARS
AND THE STRONG SUPPORT. JIM
LINDBERG, ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
OF CALIFORNIA AND ALSO VOICING
SUPPORT TODAY FOR CALIFORNIA FOR
SAFETY AND JUSTICE. MORNING
HENRY ORTIZ LEGAL SERVICES FOR
PRISONERS WITH CHILDREN AND THE
ALL OF US ARE KNOWN CHAPTER HERE
IN SACRAMENTO AND STRONG
SUPPORT. THANK YOU. SUSAN
BUSTAMANTE, WITH THE CALIFORNIA
COALITION, WOMEN PRISONERS AND
STRONG SUPPORT. THANK YOU. GOOD
MORNING, CHAIRMAN MEMBERS HAD
ONLY MARKET THAT HAD ONLY MORE
GILAD HERE POLICY ANALYST WITH
LEGAL SERVICES FOR PRISONERS
WITH CHILDREN ALSO HERE,
REPRESENTING ALL OF US OR NONE.
PROUD COSPONSOR IN SUPPORT AND
ALSO LIKE TO STATE THAT ANTI
RECIDIVISM COALITION IS ALSO IN
SUPPORT. THANK YOU. GOOD MORNING
. I'M JOHN CANNON WITH LEGAL
SERVICES FOR PRISONERS WITH
CHILDREN AND THE PROBLEM MEMBER
OF ALL OF US IN THE HAND AND
STRONG SUPPORT. THANK YOU. GOOD
MORNING. TANISHA CANNON WITH
LEGAL SERVICES FOR PRISONERS
WITH CHILDREN AND A MEMBER OF
ALL OF US, OR NONE AND STRONG
SUPPORT OF A C A. JESSE CLIVE
BURLINGTON C D. C NUMBER D 90 TO
A 4 31 YEARS 87 TO 2018 ON
BEHALF OF EVERYBODY. STRONG
SUPPORT. L S P C ALL OF US IN
THE THANK YOU. GOOD MORNING,
EVERYBODY. ALEX DIAZ. I'M WITH
COMMUNITIES UNITED FOR
RESTORATIVE YOUTH JUSTICE. WE
STRONGLY SUPPORT. THANK YOU.
THANK YOU. ADRIANA CHAMPAGNE,
SAMORA WITH THE LEAGUE OF WOMEN,
VOTERS OF CALIFORNIA AND STRONG
SUPPORT. THANK YOU. DEPENDING.
OR MY NAME IS ROBERT WILLIAMS
AND. YEAH I CAN HEAR YOU
COULDN'T HEAR YOU. ONE MORE TIME
. SPEAKING TO THE MIC. THANK
YOU. DON WILSON AND I'M FROM ALL
OF US ORGANIZATION. THANK YOU.
DENIGRATED ARMEL DELIVERING
SUPPORT FOR THE DEAL. THANK YOU
ARE THERE ANY OTHER THAN
SUPPORT? IS THERE ANYONE IN
OPPOSITION? TO THE A. C. A
ANYONE IN OPPOSITION. SEE NONE
BRING IT BACK TO COMMITTEE
MEMBERS FOR ANY QUESTIONS OR
COMMENTS. YES, MR ORTEGA. I JUST
WANT TO THANK THE AUTHOR FOR
LEADERSHIP ON THIS ISSUE AND
WILL BE FULLY SUPPORTING YES.
GOOD MORNING. I'M SORRY. I'M
LATE. UH, I KNOW I MISSED SOME
OF THIS. AND I HAD A FEW
QUESTIONS. UH, ONE IS REGARDING
LEGAL COERCION IS THAT, UH, DID
WE GO OVER THAT AT ALL? DID WE
NOT NOT AS A PART OF THE
ORIGINAL TESTIMONY. I MEAN, AS
THE OPENING STATEMENT. NO I KNOW
. UH WE DID SOME RESEARCH INTO
OTHER STATES THAT HAVE IT AND WE
COULDN'T FIND THE LEGAL COERCION
PORTION BUT I WAS JUST WONDERING
IF MAYBE. ANYBODY'S TALKED ABOUT
THAT PART SO WE CAN, UM IF I CAN
ASK FOR CLARIFICATION, SO LEGAL
COERCION IS NOT DEFINED
CURRENTLY IN THE, UM PROVISIONS
WITHIN OUR CONSTITUTION, NOR IS
IT INCLUDED IN THE UPDATED
LANGUAGE, AND SO IF YOU CAN
CLARIFY WHAT SPECIFIC PARTS OF
LOUISVILLE LEGAL COOPERATION ARE
YOU REFERENCING? WHY JUST WENT
THROUGH A FEW OF THE STATES. AND
I COULDN'T FIND. THAT LEGAL
COERCION IS IN THE OTHER STATES
IF THEY MAYBE HAVEN'T ADDRESSED
IT, EITHER, IF THIS IS A
NATIONAL THING THAT NEEDS TO BE
ADDRESSED, DON'T KNOW IF YOUR
COMMITTEE'S TALKED ABOUT THAT SO
EACH, UM VARIOUS STATES FORM
THEIR CONSTITUTION WITH, YOU
KNOW, EVERY STATE, UM, IS FORMED
THROUGH THROUGH THEIR
CONSTITUTION AND NOT EVERY STATE
HAD THIS PROVISION. OR EXCEPTION
TO SLAVERY WHEN THEY DID
AMENDMENTS. UM, CALIFORNIA DID.
UM THERE ARE 16 STATES CURRENTLY
IN THE NATION THAT HAVE THIS, UM
, PROVISION THAT STATES THAT
INVOLUNTARY SERVITUDE IS ALLOWED
, UM IN TERMS OF PUNISHMENT, OR
SOMETIMES USE WORDS, WHAT
INCARCERATED INDIVIDUALS. IT
VARIES. UM RECENTLY AS WE NOTED
AS A PART OF THE OPENING
STATEMENT THAT STATES LIKE
ALABAMA AND OREGON, UM THEIR
LEGISLATURE SENT THAT TO THE
VOTERS AND THEY PASSED, UM TO
REMOVE THAT LANGUAGE. AND SO WE
STILL AS A STATE HAVE IT, BUT
NOT EVERY STATE. THERE'S ONLY 16
LEFT THAT HAVE THIS TYPE OF
LANGUAGE AND NOT EVERY AND IT'S
NOT IN THE SAME FORMAT OR SAME
WORDING, BUT THIS TYPE OF
LANGUAGE THAT ALLOWS AN
EXCEPTION. AH UM FOR INVOLUNTARY
SERVITUDE TO USE OR FORMS OF
SLAVERY TO BE USED, UM, AND SO
THIS IS WHAT WE'RE TRYING TO
REMOVE FROM OUR PARTICULAR
STATE. AND THEN MY OTHER
CONCERNS ARE WITH, UH, THE GOOD
AND WORK TIME THAT ARE
CALCULATED IN THE SENTENCING AT
THE TIME. IS THAT GONNA BE
ADDRESSED ALSO, BECAUSE NORMALLY
GOOD IN THE WORK TIME IS ARE
TIMES THAT ARE GIVEN TO
BASICALLY LOWER THEIR THEIR TIME
OR GIVE THEM OUT EARLIER. NOW
THAT WE'RE NOT REQUIRING THE
WORK PART HAS THAT BEEN
DISCUSSED LIKE IT'S WORKED. I'M
NOT GOING TO BE GIVEN ANY MORE.
IT'S NOT THAT WE'RE NOT
REQUIRING THE WORK PART. THERE
IS A REHABILITATIVE ASPECT, UM
TO WORKING AND THAT AND THIS
DOESN'T IMPACT THIS WITH THIS
IMPACT IS THE PART RELATED TO
INVOLUNTARY SERVITUDE THAT SAYS
THAT IF YOU DON'T WORK FOR
WHATEVER REASON, UM THEN YOU CAN
HAVE YOUR TIME INCREASE. SO SAY
YOU GOT CREDITS FOR NOT FOR
WORKING AND YOU HAD HIM. I DON'T
I DON'T KNOW THE RIGHT
TERMINOLOGY AND MAYBE YOU CAN
HELP ME WITH IT, JOHN, BUT YOU
KNOW, YOU GOT CREDITS. NOW
PUNISHMENT WILL TAKE THOSE
CREDITS THAT YOU'VE EARNED AWAY.
IT'S LIKE FOR YOU GETTING
WORKING AN HOURLY JOB AND YOU
BOOKED TO LEAVE. AND THEN
SOMEONE WAS UPSET WITH YOU.
BECAUSE YOU DIDN'T SHOW UP TO
WORK THAT DAY. YOU KNOW YOU HAVE
20 HOURS. LEAVE ON THE BOOKS. WE
DON'T CARE. WE'RE TAKING THOSE
20 HOURS BACK BECAUSE WE'RE
UPSET THAT YOU DIDN'T SHOW UP
FOR WORK THIS DAY. WHERE YOU
EARNED THAT. IT'S YOUR RIGHT TO
HAVE IT. NO ONE CAN TAKE THAT
AWAY AND THAT'S WHAT'S BEING
DONE IS THEY'RE BEING PUNISHED
WITH TAKING CREDITS THAT THEY'VE
EARNED AWAY THEY'RE BEING
PUNISHED WITH. UM UM WHAT'S THE
RIGHT TERM? IT'S A IT'S A FORM 1
15 1 15, WHICH ENDANGERS THEM TO
BEING ABLE TO, UM, LEAVE EARLY
HAVE VISITS WITH THEIR FAMILY
THINGS LIKE THAT. AND SO THERE'S
A LOT OF PUNISHMENT RELATED TO
IT, WHICH MAKES IT THEN
INVOLUNTARY SERVITUDE, WHICH IS
FORCED LABOR, WHICH WE DO NOT
HAVE IN ANY OTHER ASPECT IN OUR
STATE AND FORCED LABOR IS APART.
UH UM, SLAVERY. AND SO THAT'S
WHY WE'RE ASKING THAT TO BE
REMOVED. SO IT'S IT DOESN'T
IMPACT REHABILITATION AND WE'RE
WORKING TO FIGURE AND TO DEFINE
THINGS IN THE LEGISLATION, NOT
THIS LEGISLATION BUT
LEGISLATIVELY, SO IT'S NOT
DEFINED IN THE COURTS. BUT THE
CONSTITUTION HAS TO BE PURE.
THIS GOES TO THE VOTERS, AND SO
WE CAN FIGURE OUT LEGISLATIVELY
AND DEFINE WHAT REHABILITATIVE
WORK LOOKS LIKE. UM BUT THAT IS
NOT SOMETHING THAT NEEDS TO BE
IN THE CONSTITUTION BECAUSE THAT
IS DYNAMIC AND WOULD CHANGE. UM
FROM GENERATION TO GENERATION. I
WAS JUST WORRIED THAT WITH THIS
BILL, MAYBE UNFORTUNATELY, THEN
NOW THE COURTS WILL START SAYING
THAT WELL, NOW WE'RE NOT GOING
TO GIVE YOU WORK TIME BECAUSE
YOU DON'T EVEN HAVE TO WORK
WORDS. I KNOW A LOT OF THEM ARE
LOOKING FORWARD TO THAT BECAUSE
THEY CAN GET OUT EARLIER.
ABSOLUTELY JUST AFRAID THAT AND
I'M SURE YOU'RE YOU HAVE THE
SAME CONCERNS IF IT DOES, IT'LL
BE ADDRESSED, BUT THAT THAT WAS
SOMETHING THAT THAT WORRIED ME.
THERE'S A REHABILITATIVE ASPECT
TO WORKING, BUT IT'S
REHABILITATIVE, NOT PUNITIVE,
NOT FORCED. IT'S A PART OF THE
REHABILITATE EVERY RESPONSES
BECAUSE WE WANT TO REDUCE
RECIDIVISM, AND WE WANT TO
ENSURE THAT PEOPLE WHO ARE
INCARCERATED COME OUT WHOLE
HEALTHY AND ABILITY TO INTEGRATE
FULLY INTO SOCIETY AND BE ABLE
TO WORK. AND SO THIS IS PART OF
THAT, BUT IT CANNOT BE UNDER A
SYSTEM OF CORROSION. UH
PUNISHMENT, UM, ANYTHING THAT
RESEMBLES SLAVERY BECAUSE THAT'S
SLAVERY IS NOT REHABILITATIVE
AND SO ANOTHER ASPECT THAT I'M
ALSO THINKING ABOUT IS LIKE ON
THE CIVIL SIDE WHERE SOMEBODY'S
TRYING TO GET THEIR KIDS AND THE
JUDGE SAYS THAT YOU HAVE TO GO
THROUGH THIS. THIS AND THIS TO
GET YOUR KIDS. WOULD THAT BE
SOMETHING THAT WOULD ALSO BE
ADDRESSING THAT LIKE THEY CAN'T
BE FORCED TO GO DO SOMETHING
THAT THEY DON'T WANT TO GO DO
THIS PARTICULARLY, UM, THE
LANGUAGE WE SAID, ACCEPT
PUNISHMENT OF THE CRIME AND SO
AND ASPECTS OF CHILD CUSTODY
BASIS. THERE'S NOT A THAT
DOESN'T IMPACT THAT'S NOT UM,
IMPACTED BY A CRIME ARE
EXCEPTION IN THE CONSTITUTION
RELATE SPECIFICALLY TO AN
EXCEPTION AS IT RELATES TO
PUNISHMENT OF THE CRIME AND THEN
SO, LIKE MAYBE DRUG REHAB, BUT
IF YOU'RE ORDERED TO DO DRUG
REHAB, AND THEY'RE LIKE, I DON'T
I DON'T WANT TO GO TO DRUG REHAB
AS WELL. I KNOW I'M PLAYING
DEVIL'S ADVOCATE, BUT I'M JUST
YEAH, I DON'T. I WAS SURE THAT
WE DON'T WE DON'T HAVE REHAB
WOULD NOT BE FORCED LABOR. SO
WE'RE TALKING PARTICULARLY OF IN
OUR IN OUR PRISON SYSTEM WHERE
WE HAVE WORK REQUIREMENTS. LIKE
WHAT ABOUT COMMUNITY SERVICE,
LIKE PART OF THEIR THING IS ALSO
OKAY. YOU DON'T WANT TO GO TO
JAIL. YOU'RE GONNA HAVE TO DO
COMMUNITY SERVICE, BUT ONE THAT
IS ALSO AN OPTION. YOU CAN DO
ONE OR THE OTHER RIGHT SO YOU
CAN CHOOSE, BUT I DON'T THINK
THAT THAT WOULD IMPACT COMMUNITY
SERVICE IS NOT, UM, THE SAME AS
, UM, AS WORK. UM AS IT'S
DEFINED CURRENTLY IN OUR
CONSTITUTION. NOT THAT I
BELIEVE. I DON'T THINK THAT
WOULD BE IMPACTED BY THAT. SO
I'M SURE YOU CAN WRITE THAT
THOSE WERE MY CONCERNS THAT I
HAD WHILE READING THIS BILL, MR
VACCO'S ANYTHING YOU WANT TO
GIVE LIGHT TO THAT I DIDN'T
EXPLAIN PROPERLY. NO I WOULD. I
WOULD JUST SAY EVERYTHING YOU
SAID IS RIGHT ON POINT FROM MY
EXPERIENCE OF 25 YEARS
INCARCERATION HERE IN CALIFORNIA
AND CDCR, I WOULD SAY THE VAST
MAJORITY OF PEOPLE INCARCERATED,
WANT TO WORK. UM THERE WERE
SEVERAL TIMES WHEN I OPENED UP A
NEW INSTITUTION AND THEY DON'T
HAVE JOB ASSIGNMENTS TO GET AND
I VOLUNTEERED TO WORK. WHY
BECAUSE I WANT TO GET ON MY
CELL. THERE'S CERTAIN FRINGE
BENEFITS OF GETTING OUT AND
WORKING AND SO INVESTMENT FOR
PEOPLE WANT TO WORK. UM THEY
WANT TO BETTER THEMSELVES, RIGHT
? BUT THIS CONCEPT IN THIS
PRACTICE OF SLAVERY AS THE
MEMBER STATED, IS NOT
REHABILITATIVE BY ANY MEANS, AND
THAT'S WHAT THIS BILL IS SIMPLY
TO DO. IN FACT, I BELIEVE THAT
THIS ONE WHEN THIS CHANGES IT
WAS STRONGLY UM, YOU KNOW,
PROMOTE REHABILITATION FOR
INCARCERATED PEOPLE WHO WANT TO
WORK AT REALLY GOOD PROGRAMS AND
NOT BE PUNISHED FOR MAYBE BEING
SICK ONE DAY AND NOT SHOWING UP
AND GETTING AT 1 15 AND NOT THE
ONLY GO HOME WITH THEIR FAMILIES
FOR SEVERAL MORE MONTHS. AND
BEING PUNISHED FOR JUST NOT
GONNA WORK BECAUSE THEY'RE SICK.
AND SO ARE THEY GETTING PUNISHED
RIGHT NOW, WHEN THEY ARE SICK,
SOME PEOPLE YOU GOTTA IT'S A
PROCESS TO GET LIKE A LAND.
RIGHT AND I KNOW SEVERAL PEOPLE
THAT WERE SICK AND BECAUSE
THEY'RE LAYING IN TIME TO SEE
THE DOCTOR AND ALL THAT, AND
THERE'S A WHOLE PROCESS FOR
THAT. AND IF I WAKE UP SICK AND
I DON'T GO TO WORK THAT DAY,
RIGHT, I'LL GET PUNISHING AT 1
15 AND GET THOSE GOOD TIMES
CREDITS TAKEN. RIGHT BECAUSE I
DIDN'T GET A CHANCE TO GO TO THE
DOCTOR YET TO GET A DELAY IN,
AND THAT HAPPENS QUITE
FREQUENTLY, AND PEOPLE SHOULD BE
PUNISHED FOR THINGS LIKE THAT.
LIKE I SAID THAT MAJORITY PEOPLE
WANT TO WORK AND I EVEN, UM,
LIKE THERE WAS A TIME WHEN I WAS
LIKE ON A WAITING LIST FOR,
LIKE, TWO YEARS TRYING TO WORK
AND I WAS LIKE APPEALING IT LIKE
HEY, I WANT TO WORK, YOU KNOW,
SO AND I'M NOT. NO, I'M NOT THE
EXCEPTION, AND THERE'S PLENTY
PEOPLE THAT WANT TO DO THAT.
OKAY SUPPOSED TO, UM MAYBE
THAT'S ADDRESSED TO BUT IF WHAT
IF THEY DO VOLUNTARILY WANT TO
WORK AND THEN UNFORTUNATELY,
DOES GET SICK? I DON'T KNOW.
MAYBE THAT'S SOMETHING ELSE. YOU
GUYS CAN MAYBE ADDRESS ALSO TO
WHERE THEY DON'T GET PENALIZED
FOR THAT RIGHT SO THEY CAN GET
SICK AT WORK AND WE HAVE THE
ABILITY TO CALL IN. BUT YOU KNOW
YOU LOSE A BIT OF AUTONOMY WHEN
YOU YOU KNOW, ARE IN PRISON. AND
SO I WANT TO READ THIS
DEFINITION BECAUSE I COULD HAVE
TO START WITH YOUR QUESTION. AND
IT SAYS FOR PEOPLE SERVING
CRIMINAL SENTENCES, SERVITUDE
MEANS WORK THAT DOES NOT SERVE A
REHABILITATIVE PURPOSE. ORPHALI
WITHIN THE SO CALLED
HOUSEKEEPING EXCEPTION FOR
CHORES SUCH AS CLEANING ONE'S
OWN LIVING AREA AND COMMON AREAS
. AND SO THAT IS THAT KEY PART
THAT IT SERVES A REHABILITATIVE
PER PURPOSE. AND SO WHEN THEY'RE
VOLUNTEERING TO WORK, SO TO
SPEAK, THAT IS A PART OF THE
REHABILITATIVE. UM UM, PROCESS
AND THAT IS SOMETHING THAT A
JUDGE MAY FACTOR IN, OR EVEN,
UM, AWARDED OVER A PRISON
SYSTEM. UM AND SO THAT'S WHAT I
THINK IS KEY IS THAT IT'S A PART
OF THEIR REHABILITATIVE
PURPOSES, NOT SOMETHING THAT'S
PUNISHMENT AND I FORGOT TO
INCLUDE, AND I KNOW HOLDEN IS
WORKING ON THIS BILL. THAT PART
OF PUNISHMENT IS ALSO SOLITARY
CONFINEMENT. PEOPLE HAVE BEEN
PUT IN SOLITARY CONFINEMENT FOR
REFUSING TO WORK AND REMEMBER
BECAUSE THEY LOSE A BIT OF
AUTONOMY. WHEN THEY SAY THEY'RE
SICK. THERE'S AS YOU NOTED,
THERE'S A PROCESS FOR THAT. IT'S
NOT JUST YOU AND I WE WAKE UP
OUR STOMACH'S UPSET. YOU KNOW,
WE'RE HAVING A MENTAL HEALTH DAY
AND WE CALL IT AND SAY, I JUST I
JUST CAN'T DO IT TODAY. NO,
THERE IS A PROCESS. UM AND THAT
IS SUBJECTIVE AS WELL AND
DISCRETION. AND SOMETIMES YOU
KNOW, YOU MIGHT HAVE HAD A BOSS
WHO DIDN'T LIKE YOU, RIGHT. SO
IF YOU HAVE SOMEONE WHO DOESN'T
LIKE YOU OR THANKS, YOU'RE
FAKING. THEY COULD BE LIKE NO
YOU GOTTA SHOW UP, AND SO, UM,
THEY LOSE THAT AND THAT
SHOULDN'T BE A PART OF OUR
REHABILITATIVE PROCESS THAT IS
ACTUALLY COUNTER INTUITIVE TO
THE REHABILITATIVE PROCESS. YOUR
YOUR WITNESSES HERE AND HE HAS A
QUESTIONS HERE TO WITNESS. THANK
YOU. QUESTION GO AHEAD. YOU HAVE
TWO MINUTES. THANK YOU. THANK
YOU. CHAIR AND COMMITTEE. MY
NAME IS APRIL GRAYSON POLICY
ASSOCIATE FOR THE SISTER WHERE
FREEDOM COALITION SPONSOR OF A C
EIGHT. SAYS THE WORDS A
STATEWIDE COALITION OF FORMING
CURRENTLY INCARCERATED WOMEN AND
TRANS PEOPLE OF ALL GENDERS, AS
WELL AS PEOPLE DIRECTLY AFFECTED
BY SYSTEMS. I AM A PERSON WHO
WAS ARRESTED AT 19 AND SERVE A
SEVEN YEAR SENTENCE AS A
CRIMINALIZED SURVIVOR OF HUMAN
TRAFFICKING ENSLAVED IN A PRISON
THAT I SHOULDN'T HAVE EVER BEEN
PLACED IN DUE TO THE FAILURE OF
THE STATE TO RECOGNIZE ME AS A
VICTIM OF HUMAN TRAFFICKING.
LOOKING AT PRISONS TODAY AND
UNDERSTANDING THE FOUNDATION ON
WHICH IT WAS BUILT ON, I THINK
BACK TO THE HYPER
CRIMINALIZATION OF BLACK
AMERICANS AFTER SLAVERY WAS
THEORETICALLY ABOLISHED IN 18 65
FROM 18 65 TO THE EARLY 19
FORTIES BLACK PEOPLE WERE
ARRESTED FOR BEING BLACK AND
PUBLIC FOR FREE LABOR AND LEASED
OUT THE PLANTATION OWNERS AND
MANUFACTURERS FOR CHEAP LABOR
THROUGHOUT THE COUNTRY. THIS
SYSTEM WAS SOON REPLACED BY
CHAIN GANGS AT THE HUMANIZING
PRACTICE OF CHAINING TOGETHER
INCARCERATED PEOPLE TO PERFORM
MANUAL LABOR. THE LABOR WAS
CHANGED TO MANUFACTURING,
FARMING AND FIRE FIGHTING. THE
SYSTEM OF SLAVERY IS STILL
LARGELY THE SAME CHEAP LABOR
BEING PERFORMED BY OVER
CRIMINALIZED BLACK AND BROWN
PEOPLE. THE 18 HUNDREDS SEEMS SO
FAR REMOVED FROM 2023. BUT WE
AREN'T AS PROGRESSIVE AS WE
THINK WE ARE. WHEN I ANSWERED
PRISON AT 19, I ASKED MY COUNSEL
TO PLACE ME IN SCHOOL TO FINISH
MY HIGH SCHOOL EDUCATION.
INSTEAD, I WAS ASSIGNED TO THE
YARD GROUP TO HOLD HARD DIRT FOR
HOURS. IF I WOULD HAVE REFUSED
TO REPORT TO THE YORK COULD HAVE
FINISHED SCHOOL, I WOULD HAVE
BEEN PUT ON C STATUS STATUS IS A
CUSTODY LEVEL THAT RESULTS IN
LOSS OF PRIVILEGES. NO PHONE
CALLS. NO QUARTERLY PACKAGES OF
$45 SHOPPING LIMIT ON CANTEEN
FOR TOILETRIES PER MONTH. YOU
ARE ONLY A LOT OF YOURSELF FOR
THREE DAYS A WEEK FOR A TOTAL OF
SIX HOURS FOR THE WEEK TO WASH
CLOTHES, AND IF YOU'RE LUCKY YOU
CAN GO OUTSIDE OF THE ARTISTS
OPEN. FOR LIFERS, 1 15 COULD BE
THE DIFFERENCE. SEE STATUS CAN
BE THE DIFFERENCE FROM BOARD
DENYING YOU A DATE AND GRANTING
YOUR FREEDOM. AS DIRECTLY
IMPACTED PEOPLE. MEMBERS OF
SISTER WHERE FREEDOM COALITION
AND OUR PARTNER ORGANIZATIONS WE
KNOW FIRSTHAND THE MOST
INCARCERATED PEOPLE WANT TO
WORK. WE BELIEVE THEY SHOULD BE
ABLE TO CHOOSE JOBS THAT ALIGN
WITH THEIR SKILLS TO BETTER
POSITION THEM TO SECURE A JOB
UPON RELEASE OR TO BE ABLE TO
CONTINUE THEIR EDUCATION AND
PARTICIPATE IN PROGRAMS THAT
FACILITATE PARTIALLY SUCCESS. A
C EIGHT WOULD OPEN THE DOOR TO
MAKING THAT POSSIBLE TOWARDS
REDUCING PURSUIT OF ISM AND
INCREASING PUBLIC SAFETY. A YES
VOTE TODAY BRINGS US ONE STEP
CLOSER TO HELPING INCARCERATED
PEOPLE OBTAIN THE EDUCATION AND
TRAINING THAT THEY NEED TO COME
HOME AND BE PRODUCTIVE PRACTICE
CITIZENS IN THEIR COMMUNITIES.
THANK YOU FOR YOUR TIME CHAIR
AND I APOLOGIZE FOR BEING LATE.
NO PROBLEM. BANTER. THANK YOU. I
WANTED TO THANK THE AUTHOR FOR
BRINGING FORWARD. YES. ALL THE
SNAPS. UM I WANTED TO THANK THE
AUTHOR FOR BRINGING THIS BILL
FORWARD AGAIN. I KNOW THAT WE'VE
SEEN THIS BEFORE. AND QUITE
FRANKLY, GIVEN THE FACT THAT WE
ARE JUST NOW IN A STATE IN THE
STATE OF CALIFORNIA WILLING TO
RECOGNIZE THE IMPORTANCE OF
REHABILITATION AS A PART OF THE
ARE IN OUR CDCR UH, IT'S A VERY
TIMELY BILL. WE SPEND A LOT OF
TIME HEARING FROM PEOPLE WHO
HAVE RECEIVED, YOU KNOW BETWEEN
EIGHT CENTS AND 34 CENTS AN HOUR
FOR THE WORK THAT THEY DO, AND
WE'VE HEARD THE STORIES OF
PEOPLE WHO HAVE GONE THROUGH
COVID AND NEEDING TO ESSENTIALLY
RISK THEIR LIVES FOR FEAR OF THE
PUNITIVE MEASURES IN IN TERMS OF
TAKING AWAY CREDITS OR IMPACTING
THE WAY THAT THEY ARE BEING PUT
INTO SOLITARY CONFINEMENT IF
THEY REFUSED TO PERFORM THEIR
WORK. AH SO THEY'RE ESSENTIALLY
HAD TO RISK THEIR LIVES. FOR
CERTAIN IN ORDER TO BE ABLE TO,
UH ENSURE THAT THEY COULD
COMPLY. AND THAT IS, BY
DEFINITION. WHAT INVOLVED
INVOLUNTARY SERVITUDE IS SO IT
IS TIME IN THE STATE OF
CALIFORNIA THAT WE MAKE SURE
THAT WE PUT INTO OUR
CONSTITUTION. THE FACT THAT WE
ARE NOT GOING TO ACCEPT
INVOLUNTARY SERVITUDE AS A FACT
OF LIFE FOR ANYBODY, AND
CERTAINLY NOT FOR PEOPLE WHO ARE
INCARCERATED. SO I WANT TO THANK
YOU FOR BRINGING FORWARD THIS
BILL AND THANK YOU FOR YOUR
TESTIMONY IN REAL LIFE. EXAMPLES
WE'RE LOOKING AT PEOPLE WHO HAVE
. WHO ARE HERE, BUT FOR MM HMM.
WHAT WE PROVIDED TO YOU IN IN IN
C, D. C R AND I WANT TO THANK
YOU FOR BEING HERE. THANK YOU.
ANY OTHER COMMENTS. YOU MAY
CLOSE. THANK YOU TO THE CHAIR
AND THE MEMBERS OF THE PUBLIC
SAFETY COMMITTEE. I THINK MY
WITNESSES FOR BEING HERE TO BE
ABLE TO TESTIFY OF THEIR OWN
PERSONAL LIVED EXPERIENCE, AND I
WOULD JUST ENCOURAGE AND I VOTE
AS WE AS A LEGISLATURE HAVE TO
SAY THAT IT IS NOT ACCEPTABLE
FOR THIS TO BE IN OUR
CONSTITUTION AND GIVE IT TO THE
VOTERS SO THEY CAN AGREE WITH US
AS A REMINDER. THIS IS NOT WE
ARE NOT THE FINAL DECISION
MAKERS IN THIS ARE VOTERS ARE SO
LET'S GIVE THEM THE CHANCE TO
VOTE THEIR VALUES, VOTE
MEMORIALS AND SAY THAT, UM,
INVOLUNTARY SERVITUDE, SLAVERY
IS SHOULD NOT BE IN OUR
CONSTITUTION. AND WITH THAT, I
RESPECTFULLY ASK FOR YOUR I
VOTE. THANK YOU. UM WE DON'T YET
HAVE A FORM FOR ME, OKAY? FOUR
MEMBERS HERE. C¢M YEAH, UM. WELL
WELL ESTABLISHED FORM, AND THEN
WE'LL PUT ON YOUR ITEM. THANK
YOU SO MUCH, MR CHAIR. THE STRIP
CHECKERS HERE. OH, OKAY. ITEM I
DON'T NUMBER THREE A B 695.
GOOD MORNING, MR CHAIR AND
MEMBERS OF THE COMMITTEE. TODAY
I PRESENT ASSEMBLY BILL 69 5. I
WANT TO START BY THANKING THE
COMMITTEE STAFF FOR ALL THEIR
HARD WORK ON THIS BILL. AND I
WILL BE ACCEPTING THE COMMITTEE
AMENDMENTS. A B 695 WOULD CREATE
THE JUVENILE DETENTION
FACILITIES. GRANT IMPROVEMENT
GRANT PROGRAM, THE LOS ANGELES
COUNTY PROBATION DEPARTMENTS.
JUVENILE DETENTION FACILITIES
ARE BADLY OUTDATED AND IN NEED
OF CRITICAL RENOVATIONS WITH
ALMOST ALL OF ITS PHYSICAL
PLANTS IN SIGNIFICANT
DILAPIDATION. LAST ANGELES
COUNTY PROBATION IS STAFFED BY
THOUSANDS OF DEDICATED PUBLIC
SERVANTS WHO HAVE COMMITTED
THEIR PROFESSIONAL LIVES TO
ACHIEVING SUCCESSFUL OUTCOMES
FOR THE YOUTH THEY SERVE.
HOWEVER WITH INDEPENDENT REPORTS
DATING BACK 10 YEARS OUTLINING
THE CRITICAL NEED FOR MAJOR
INFRASTRUCTURE IMPROVEMENTS AND
CURRENT RESEARCH, FORMING THE
BASIS OF A TRUE TRAUMA INFORMED
CARE MODEL. IT IS WELL PAST THE
TIME TO MAKE SUBSTANTIAL
RENOVATIONS. IN THEIR CURRENT
STATE. ALEX L. A PROBATION
FACILITIES ARE NOT ADEQUATE TO
MEET THE BASIC STATE LAW
REQUIREMENT OF A HOME LIKE
ENVIRONMENT, MUCH LESS MEET THE
CURRENT CARE, FIRST INTENSIVE
REHABILITATION MODEL THAT
JUVENILE JUSTICE REQUIRES. IT IS
OUR RESPONSIBILITY TO ENSURE
THAT EVERY POSSIBLE EFFORT IS
MADE TO PROVIDE A POSITIVE
OUTCOME FOR YOUTH. THAT HAVE
BEEN REMANDED TO THE CARE OF OUR
PROBATION DEPARTMENT. THIS
MEASURE, EXPOSING A EXPOSES AND
HONEST AND BLUNT TRUTH. THE
TOOLS AND FACILITIES ARE
HINDERED OUR ABILITY TO HAVE
HINDERED OUR ABILITY TO PROVIDE
THE CARE THAT OUR YOUTH DESERVE.
WITH ME TODAY IN SUPPORT OF A B
6 85 IS JONATHAN BIRD. SECOND
VICE PRESIDENT, AMERICAN
FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES ASKED ME
DEPUTY PROBATION OFFICERS.
WHENEVER YOU'RE READY, MR BURKE.
THANK YOU HONORABLE CHAIR AND
MEMBERS OF THE ASSEMBLY. MY NAME
IS JONATHAN BIRD. I LOVE THE
INTRODUCTION THAT SHE GAVE ME
BUT I WOULD SAY MY MOST
IMPORTANT POSITION IS THAT I'VE
BEEN WORKING WITH L. A COUNTY
PROBATION DEPARTMENT AS A
JUVENILE OFFICER FOR 30 YEARS.
AND, UH, FROM THAT. I THINK THIS
IS AN EASY CONVERSATION FOR ME,
BUT IT'S A DIFFICULT TASK. AH
THIS IS NOT NORMALLY MY 14. BUT
I WILL SAY THIS THAT I BELIEVE
EVERYONE IN CALIFORNIA,
INCLUDING DISASSEMBLY IS IN
FAVOR OF PROTECTING OUR YOUTH.
OF THE YOUTH IN THE STATE OF
CALIFORNIA. UM SOMETIMES THEY
FALL INTO TROUBLED TIMES, AND
THEY NEED THAT WHICH WILL GIVE
THEM THE ENVIRONMENT TO SUCCEED
AND GOING FORTH. UM ALSO, I LIKE
TO SAY. ONE OF THE REASONS I'M
IN CALIFORNIA IS BECAUSE I'VE
ALWAYS SEEN CALIFORNIA AS A
LEADER, SO TO SPEAK IN THE
INDUSTRY. AND IT IS THE WORK OF
THE ASSEMBLY AND THE SENATE AND
OTHER LEADERS IN THIS STATE THAT
WE TRY TO PROVIDE FOR THE YOUTH.
THOSE THINGS THAT WILL MAKE THEM
SUCCEED AND WILL BE ABLE TO TALK
ABOUT THEM IN THE SAME AMOUNT OF
THAT. WE TALK ABOUT OURSELVES.
THE CONDITIONS OF THE
INFRASTRUCTURE IN SEVERAL
COUNTIES IN CALIFORNIA
PARTICULAR LOS ANGELES COUNTY,
WHICH IS THE LARGEST ARE
ANTIQUATED. SOME OF THE
STRUCTURES HAVE BEEN BUILT. IN
1912. SO YOU CAN IMAGINE THAT IF
I WAS JUST TO GIVE YOU A TOUR.
OTHER FACILITIES. I WOULDN'T
EVEN HAVE TO GIVE A SPEECH IN
ORDER FOR YOU TO UNDERSTAND THAT
OUR YOUTH HAVE NOT BEEN PROVIDED
THAT WHICH WE TRY TO PROVIDE TO
THEM, WHICH IS A CARE FIRST
THERAPEUTIC ENVIRONMENT. AH
THOSE WHO ARE CAUGHT IN THE
SYSTEM PER SE. THEY SHOULD BE
PROVIDED THE BEST OF THE BEST IN
CALIFORNIA IN ORDER TO SUCCEED.
UM THE CONDITIONS. AS I SAID,
WE'RE ANTIQUATED A LOT OF THEM
WHEN THEY WERE CONSTRUCTED. THEY
DIDN'T HAVE INDIVIDUAL AMENITIES
SUCH AS RESTROOM FACILITIES, AND
THEREFORE, UH, BUT WHEN THEY ARE
ALLOWED TO USE THOSE FACILITIES
, THEY DO IT IN GROUP SETTINGS,
WHICH TAKE AWAY SOME OF THE
PRIVACIES AND THAT'S BEEN AN
ISSUE. UM WE WILL ALSO TALK
ABOUT THE STRUCTURE OF JUST
LOOKING AT HOW THEY DESIGNED
THEM YEARS AGO WHEN WE LOOK BACK
OVER TIME. THINGS WERE
CONSTRUCTED FOR MORE OF A
CONFINEMENT TYPE OF ENVIRONMENT
RATHER THAN THERAPEUTIC
ENVIRONMENT, AND SO IN ORDER TO
GET TO THE HOME LIKE ENVIRONMENT
THAT WE NEED WE NEED TO REMODEL
OR DEVELOP NEW STRUCTURES. AND
THIS GRANT, UH, MAYBE 6 95 IS
ALLOWING WILL ALLOW COUNTIES TO
BE PROVIDED BY THE STATE. THE
FUNDING NECESSARILY TO BUILD
THOSE FACILITIES. AND WHEN YOU
THINK ABOUT THOSE FACILITIES, A
LOT OF THINGS THEY DON'T HAVE
LIKE WE HAVE TODAY. I WAS
THINKING ABOUT COMPUTERS I
REMEMBER GROWING UP AND WHEN
THEY INTRODUCED I'M LOOKING AT
THE AGE FACTOR HERE. SOME OF YOU
MAY HAVE NEVER SEEN A COMMODORE
64. RADIOSHACK TANDY COMPUTER,
WHERE THEY HAD THE BIG FIVE AND
A QUARTER FLOPPY DRIVES. THOSE
THINGS DON'T PROVIDE FOR THE DAY
SUCCESS. AND SO WHEN YOU LOOK AT
OUR FACILITIES, A LOT OF TIMES
THEY DON'T HAVE THE HOME LIKE
NEITHER DO THEY HAVE THE
VOCATIONAL, UH, ABILITY TO
SURVIVE TO PROVIDE FOR OUR
YOUTH. WE NEED TO HAVE BETTER
HEALTH CARE FACILITIES. WE NEED
MEDICAL AND DEMO FACILITIES
LOCATED WITHIN THE STRUCTURES.
OF THE DETENTION FACILITIES.
THEY NEED TO BE ABLE TO SUPPLY
THESE SERVICES IN REAL TIMES,
BUT ARE THESE, UH, AREAS BUILT
WITHIN THE SYSTEM? CURRENTLY
MOST COUNTIES DON'T HAVE THEM IN
PARTICULAR. L A COUNTY. WE HAVE
TO FARM OUT AND CONTRACT OUT,
WHICH IS OKAY, BUT THAT
SOMETIMES CAUSES A TIME DELAY
AND SO WE NEED TO BE ABLE TO
SUPPLY SUPPLY ABILITIES.
AMENITIES TO OUR YOUTH. UH, WE
NEED TO BE ABLE TO SUPPLY THEM
WITH VOCATIONAL TRAINING SKILLS
ON SITE. WHAT DOES THAT MEAN?
THAT MEANS WE WILL HAVE TO BUILD
AUTOMOTIVE CENTERS, TECHNOLOGY
CENTERS, UH, CULINARY CENTERS,
PERFORMING ARTS CENTERS AND THEN
WE'LL ALSO HAVE TO PROVIDE
WELLNESS AND HEALTH CARE.
THEY'LL NEED GYMNASIUMS THAT
MORE ADEQUATE OUTDOOR FACILITIES
AND AMENITIES. AESTHETICS HAS A
LOT TO DO. WITH HOW YOU
COOPERATE AND HOW YOU FUNCTION.
YOU CAN TAKE A PERSON WHO COMES
INTO THE SYSTEM. AND TELL THEM
YOU CARE ABOUT THEM. BUT WHEN
THEY CAN'T LOOK OUT OF A WINDOW
IF THEY SEE GRAFFITI IF THEY SEE
THE CEILING TILES FALLING DOWN,
OR IF THEY CAN'T GET TO A
RESTROOM AND A PROPER TIME. WHAT
ARE YOU REALLY SAYING TO THE
YOUTH? ARE YOU SAYING THEY'RE
WORTHY? OF HAVING THE STRUCTURES
THAT WILL DICTATE HOW THEY
SHOULD STRIVE TO SUCCEED. I
THINK NOT. AND SO NOT ONLY THAT
, BUT ALSO THOSE WHO WE CONTRACT
OUT WITH COMMUNITY BASED
ORGANIZATIONS. THEY WOULD LIKE
TO COME IN AND PROVIDE. THANK
YOU PROVIDE SERVICES ALSO, UH, A
LOT OF TIMES THE AESTHETICS OF
THE BUILDING OF THE FACILITY
DICTATES ON WHO WANTS TO COME
AND WHAT THEY ARE GOING TO
PROVIDE AND HOW THEY CAN PROVIDE
IT. SO I SAY TO THE GROUP, AND I
KNOW MY TIME IS RUNNING OUT THAT
THIS IS, UH UH, NOT NECESSARILY.
AH HARD TASK. IT'S AN EASY TASK
, BECAUSE I KNOW WE WANT TO
SUCCEED WITH OUR YOUTH. AND THIS
A B 6 95 WILL HELP US EVEN
THOUGH IT'S AN INFRASTRUCTURE.
IT WOULD HELP US IN DEVELOPING
THE THINGS THAT WE NEED. THANK
YOU FOR YOUR TIME. THANK YOU.
ARE THERE ISN'T ANYONE ELSE LIKE
TO SUPPORT I WOULD LIKE TO
SPEAK. NAME AND ORGANIZATION.
GOOD MORNING, JOE SHOW KARNIK
WITH THE STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL AND
SUPPORT. THANK YOU. THANK YOU.
JAMES MICHAEL POWELL, WITH THE
AMERICAN FEDERATION OF STATE
COUNTY MUNICIPAL EMPLOYEES ASKED
ME AND STRONG SUPPORT. THANK
YOU. IS THERE ANYONE IN
OPPOSITION?
THANK YOU. MY NAME IS MELINDA.
CONNIE I'M THE DIRECTOR OF YOUTH
JUSTICE AT CHILDREN'S DEFENSE
FUND, CALIFORNIA I ALSO HAPPEN
TO BE SUPERVISOR HOLLY
MITCHELL'S APPOINTEE ON THE L. A
COUNTY PROBATION OVERSIGHT
COMMISSION. HOWEVER THIS
TESTIMONY THIS TESTIMONY IS IN
MY CAPACITY AS A DIRECTOR OF HIS
JUSTICE, CHILDREN'S DEFENSE FUND
, CALIFORNIA I'M HERE TO EXPRESS
MY STRONG OPPOSITION TO A B 695.
I WANT TO START BY SAYING THAT
THE PROBLEM ISN'T WITH THE
FACILITIES. IT'S WITH THE PEOPLE
WHO MAKE IT UP. IT'S WITH THE
CULTURE OF THE DEPARTMENT ROOTED
IN EXPLOITATION AND CONTROL ITS
WITH THE WAY WE'VE PRIORITIZED
CONSEQUENCES AND PUNISHMENT OVER
HEALING. THIS HAS ABSOLUTELY
NOTHING TO DO WITH THE COLOR OF
THE WALLS THE SIZE OF WINDOWS,
THE ATTRACTIVENESS OF BETTING IT
HAS TO DO WITH THE PEOPLE THE
POWER THEY WIELD THE HARM THEY
INFLICT AND THE IMPUNITY WITH
WHICH THEY DO IT. IN CASE YOU
DIDN'T NOTICE THIS BILL DOES
NOTHING TO ADDRESS THAT IT'S A
BLANK CHECK TO IMPROVE
FACILITIES AND ACT AGAIN THAT
WILL DO NOTHING TO IMPROVE THE
OUTCOMES OF OUR YOUNG PEOPLE
CURRENTLY IN SNARED IN THE
JUVENILE SYSTEM, WHO I ASSUME
ARE THE PRIORITIES ARE THE
PRIORITY HERE. IT ISN'T THE
FACILITIES THAT PROVIDE TRAUMA,
INFORMED CARE. IT'S THE PEOPLE.
HONESTLY I COULDN'T HELP BUT
SNICKER A LITTLE AT THE
INSTITUTIONS IN SUPPORT OF A B
695. IT IS LITERALLY ALL
INSTITUTIONS THAT WOULD BENEFIT
FINANCIALLY FROM THE PASSING OF
THIS BILL, WHO MAINTAINED THEIR
EMPLOYMENT BECAUSE OF IT, WHO
GET CONTRACTS BECAUSE OF IT. IT
HAS NOTHING TO DO WITH PROTECT.
THEY HAVE NOTHING TO DO WITH
PROTECTING AND CARRYING OUR
YOUNG FOR YOUNG PEOPLE. THEY
HAVE NOTHING TO DO WITH BEING
INVESTED IN THE HEALTH SUCCESS
WELL BEING GROWTH, HEALING AND
VULNERABILITY OF OUR YOUNG
PEOPLE. AND BEFORE YOU STOPPED
ME WITH THE NARRATIVE THAT
PROBATION OFFICERS CARE ABOUT
OUR YOUNG PEOPLE THAT'S EXAMINE
THAT A LITTLE CLOSER. WHILE
THERE MAY BE GOOD PROBATION
OFFICERS BY AND LARGE, WE HAVE
HEARD PROBATION STAFF AT BARRY J
NIGHT OR JUVENILE HALL IN
CENTRAL JUVENILE HALL REFERRED
TO THESE YOUNG PEOPLE AS
MURDERERS. SEXUAL OFFENDERS AS
MONSTERS. AND IF YOU DON'T
BELIEVE ME, I ENCOURAGE YOU TO
LISTEN TO THE COMMENTS AT THE
BOARD OF STATE AND COMMUNITY
CORRECTIONS MEETING TWO WEEKS
AGO. QUOTES THESE ARE NOT KIDS
WHO RAN AWAY AND OH, MY GOD ARE
VICTIMS. THESE KIDS ARE
MURDERERS WHEN YOU HAVE STAFF
WHO DON'T SEE THESE YOUNG PEOPLE
AS ANYTHING MORE THAN THEIR
WORST DEFENSE. NO AMOUNT OF
PAINT IS GOING TO COVER THAT UP
WHEN YOU HAVE THE DEPARTMENT OF
JUSTICE SUE L. A COUNTY AND THE
PROBATION DEPARTMENT BECAUSE
YOUNG PEOPLE ARE STORING EMPTY
MILK CONTAINERS IN THEIR UNITS,
SO THEY HAVE A PLACE TO URINATE.
WHEN STAFF IGNORE. THEY'RE
BANGING ON THE DOORS TO BE
ALLOWED TO USE THE RESTROOM AT
NIGHT. NO FURNITURE IS GOING TO
CHANGE THAT WHEN YOU HAVE OVER
400 LAWSUITS ALLEGING SEXUAL AND
PHYSICAL ABUSE, WHICH THE UNION
OUTRIGHT DENIED ON NBC NIGHTLY
NEWS. NO HOME LIKE SETTING IS
GOING TO ELIMINATE THAT TYPE OF
EXPLOITATIVE AND PREDATORY
BEHAVIOR. THIS BILL IS SO
MISGUIDED IN ITS ATTEMPT TO
PROVIDE POSITIVE OUTCOMES TO OUR
YOUNG PEOPLE, AND THAT LEADS ME
TO ALL THE PEOPLE AND
ORGANIZATIONS OPPOSING THIS
BILL. THESE ARE LITERALLY THE
FOLKS WORKING ALONGSIDE OUR
YOUNG PEOPLE TO BUILD BETTER
OUTCOMES WORKING WITH THEM
BEFORE THEY TOUCH THE SYSTEM
WHILE IN THE SYSTEM AND WHEN
THEY COME HOME WITH THE
EXPRESSED GOAL OF SUPPORTING
THEIR SUCCESS, THEIR FREEDOM AND
THEIR CONTRIBUTION TO SOCIETY
AND IN CASE YOU DIDN'T ALREADY
KNOW WE SPEND OVER $400 MILLION
IN L. A COUNTY TO INCARCERATE
OUR KIDS. THIS DEPARTMENT HAS
ALREADY RECEIVED TENS OF
MILLIONS OF DOLLARS TO IMPROVE
FACILITIES. TRAINING AND THE
LIKE 17 MILLION FROM THE STATE
$13 MILLION FOR CAMERAS FOR
BARRY JANE I DORF $35 MILLION
FOR PHASE ONE OF A THREE PHASE
HOME LIKE SETTING INVESTMENT
PURSUANT TO THE DOJ SETTLEMENT.
WE DON'T NEED MORE MONEY TO DO
MORE OF THE SAME BECAUSE ONE
MORE OF THE SAME ENDS UP
REQUIRING L. A COUNTY TO SET
ASIDE UP TO $3 BILLION THIS NEXT
BUDGET YEAR TO SETTLE THE SEX
ABUSE LAWSUITS STEMMING FROM
ABUSE INSIDE OF FACILITIES AND
TWO PRETTIER JAILS DON'T
MAGICALLY CREATE PRETTIER
OUTCOMES. USE YOUR POWER TO DO
SOMETHING DIFFERENT MANDATE
THESE DOLLARS GO TO THE
DEPARTMENT OF YOUTH DEVELOPMENT
SO THAT NO YOUNG PERSON FINDS
THEMSELVES. IN A CASSEROLE
FACILITY, REMOVE OR REDUCE
PROBATIONS POWER IN THE
INCARCERATION OF OUR CHILDREN.
VOTE NO ON THIS BILL. IT IS
TRULY A WASTE OF YOUR EFFORTS
AND OUR LIMITED RESOURCES AND A
COMPLETE REJECTION OF THE
HUMANITY OF OUR YOUNG PEOPLE.
THESE YOUNG PEOPLE ARE LIVING IN
TERROR, AND IT HAS NOTHING TO DO
WITH THE PHYSICAL STRUCTURES.
THEY'RE CONFINED IN. URGE YOU TO
VOTE NO ON A B 695. THANK YOU,
BUT ANYONE ELSE IN OPPOSITION?
MARCO GEORGIA ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND THE SAN
FRANCISCO PUBLIC DEFENDER AND
OPPOSITION. THANK YOU. THANK
YOU. ANYONE ELSE IN OPPOSITION.
WE'LL BRING IT BACK TO COMMITTEE
MEMBERS WITH ANY COMMENTS OR
QUESTIONS. YOU MAY CLOSE I AGAIN
. I WANT TO THANK MR CHAIR AND
COMMITTEE MEMBERS, UH, FOR THE
OPPORTUNITY TO PRESENT THIS BILL
. THIS BILL IS ABOUT THE YOUTH.
IT EVEN STATES THAT IN THE BILL
THAT THIS BILL WOULD UM HELP
WITH FACILITIES AND PROGRAMS,
AND MY PASSION IS ABOUT THE
HELPING THE YOUTH SO THIS BILL
WOULD ENSURE THAT OUR JUSTICE
INVOLVED YOUTH HAVE THE TOOLS.
NEEDED FOR REHABILITATION. THEY
DESERVE NO LESS. SO I
RESPECTFULLY ASK FOR YOUR VOTE.
AND SO I HAD THE SAME CONCERN
THAT THE OPPOSITION AND OPEN AND
HAVE STATED. TO EVERYONE THAT
WOULD LISTEN, INCLUDING THE
BOARD OF SUPERVISORS ON THE
UNION. UM JUST ABOUT EVERYONE,
AND I'VE BEEN I SPOKE TO YOU
ABOUT IT. THAT'S WHY WE ADDED
LANGUAGE IN THERE SO THAT BOTH
BOARDS SUPERVISORS. HOPEFULLY
EVERYBODY COME TOGETHER AS A
TEAM. ULTIMATELY HELP THESE KIDS
BECAUSE AT THE END OF THE DAY WE
GOT TO FOCUS. ON THE KIDS AND
MAKE SURE THAT THEY THERE THEIR
LIVES ARE MUCH MORE ENRICHED BY
GOING INTO THE SYSTEM THEN THAN
BEFORE. I BELIEVE THAT THE
EFFORTS OF THE DSCC BOARD
SUPERVISORS THAN OTHERS. UM AND
I GUESS THERE'S A NEW DEPARTMENT
OF YOUTH DEVELOPMENT. THEY ALL
COME TOGETHER AND TRY TO FIGURE
THIS OUT. THINGS WOULD BE FINE.
BUT THE ONE THING I DID GET, UM
. I'VE HAD STAFF VISIT THE
FACILITIES. AND I'VE HEARD FROM
THE SUPERVISORS. ONE THING THAT
EVERYBODY WAS KIND OF EVERYONE
IS NOT KIND OF EVERYONE IS IN
AGREEMENT. IS THAT THE
FACILITIES NEEDED TO BE BETTER
THAN WHAT THEY ARE RIGHT NOW. UM
MUCH BETTER AND. AND PART OF
WHAT I WANT IT DONE WAS TRYING
TO DESIGN THE FACILITY TO MATCH
WHATEVER FUTURE REHABILITATIVE
PROGRAMS. WE'RE GOING TO HAVE
AND THAT'S WHY WE PUT IN THERE.
BRING THINGS BACK TO THIS. TO US
SO THAT WE CAN. WE CAN TALK
ABOUT IT, AND WE CAN HELP
PROGRAM THAT WHEN I SAY US, THAT
MEANS JUST PUBLIC SAFETY
COMMITTEE, THE LEGISLATURE, THE
GOVERNOR'S OFFICE, SO THAT WE
ALL HAVE SOME KIND OF INPUT SO
THAT WE ALL GET THE BEST
OUTCOME. WE CAN UM ESPECIALLY IF
IN A TIGHT BUDGET YEAR. UM FOR
US TO MAKE THAT KIND OF
COMMITMENT. BUT WHEN WE REALLY
DON'T HAVE THE MONEY, UM YOU'RE
REALLY GOING TO HAVE TO, UM,
SHOW HOW A NEW FACILITY IN LIGHT
OF WHAT? IT'S BEEN SAID HERE
TODAY THAT THIS. THIS COMPORTS
WITH WHAT THE VISION IS. OF
WHERE PROBATION WELL WITH THE
PROBATION OFFICER'S, UM AND
JUVENILE JUSTICE OFFICERS WHAT
THEY PLAN TO DO. UM AND HOW
EVERYBODY PLANS TO WORK TOGETHER
TO MOVE THIS FORWARD. AND I KNOW
IT'S BEEN DIFFICULT. HAS BEEN
BECAUSE I'VE HEARD IT ALL HAS
BEEN VERY VERY DIFFICULT. UM BUT
I'M HOPING THAT. AT LEAST THIS
PROCESS THAT WE'RE GOING TO NOW
WILL GET US IN AND GET US TO
WHERE EVERYONE WILL KIND OF
LOWER THE TEMPERATURE. THINK
ABOUT THE KIDS START MOVING THAT
FORWARD, AND HOPEFULLY WE ARE.
WE GET SOMEWHERE OTHERWISE, YOU
KNOW, I JUST GO AND I SIT ON
SURVIVE. IT MAY NOT MAKE OUT OF
OUT OF SURVIVE. THIS. THIS IS A
POLICY COMMITTEE. AS A POLICY.
UM, IT PROBABLY MAKES SENSE. UM
TO HAVE A FACILITY THAT THAT
THAT COMPORTS WITH WHAT WE WANT
IN THE FUTURE FOR KIDS. BUT WHEN
IT COMES TO THAT FINANCIAL
OUTLAY THAT THAT BIGGEST HURDLE
WILL BE APPROPRIATION, THEN
ULTIMATELY THE BUDGET COMMITTEE.
NO WE DON'T HAVE. WE DON'T HAVE
A QUORUM YET, SO SOON AS WE DO
WOULD THEN TAKE IT UP AND LATER
IN THE HEARING. SO THANK YOU.
THANK YOU. YES. MR HANEY. I
BELIEVE YOU'RE NEXT. I DON'T SEE
MR RAMOS. MR. BERMAN, MR FONG.
SO, MR HANEY PATIENCE. HAS BEEN
SUCCESSFUL. MY WITNESSES ARE
HERE, TOO.
CAN I START? YES. PLEASE GOOD
MORNING AND THANK YOU, MR CHAIR
AND MEMBERS. I'M HERE TO PRESENT
A B 14 97 THE LEGAL JUSTICE FOR
DOMESTIC VIOLENCE. AND HUMAN
TRAFFICKING VICTIMS ACT. THIS
BILL ENSURES THAT ALL SURVIVORS
OF DOMESTIC VIOLENCE, HUMAN
TRAFFICKING, SEXUAL VIOLENCE AND
OTHER VIOLENCE CAN SHARE THEIR
VICTIMIZATION STORIES IN COURT
AND ALLOW JUDGES TO CONSIDER
THESE STORIES WHEN MAKING
SENTENCING DECISIONS. IN
CALIFORNIA 34% OF WOMEN
EXPERIENCED DOMESTIC VIOLENCE IN
THEIR LIFETIMES, AND MANY OF
THESE WOMEN ARE CAUGHT IN YEARS
LONG CYCLES OF HER HORRIFIC
ABUSE. ADDITIONALLY WOMEN WHO
ARE SURVIVORS OF HUMAN
TRAFFICKING HAVE A SHOCKING 90%
CHANCE OF BEING ARRESTED AND
CHARGED WITH A CRIME RATHER THAN
BEING RESCUED FROM THE PEOPLE
TRAFFICKING THEM. UNFORTUNATELY
SURVIVORS ARE OFTEN ARRESTED AND
PUNISHED SIMPLY FOR PROTECTING
THEMSELVES OR THEIR FAMILIES
LIVES. THE CRIMINALIZATION AND
PENALIZATION OF VICTIMS BY
CALIFORNIA'S LEGAL SYSTEM LEAVES
SURVIVORS WITHOUT ACCESS TO
HEALING OR CRUCIAL RESOURCES
LIKE HOUSING, EMPLOYMENT AND
EDUCATION. TOO OFTEN. THEY ARE
BLOCKED FROM THE OPPORTUNITY TO
HEAL BECAUSE THEIR TRAUMA IS
USED AGAINST THEM IGNORED OR NOT
ACCOUNTED FOR DURING LEGAL
PROCEEDINGS. CONSEQUENTLY JUDGES
AND JURIES ARE LEFT WITH
INSUFFICIENT INFORMATION AND
OPTIONS WHEN MAKING KEY
DECISIONS ABOUT SURVIVORS LIVES
, INCLUDING WHEN THEY'RE
DELIVERING CRIMINAL CHARGES AND
SENTENCING. WE MUST PROVIDE THE
DECISION MAKERS WITH ALL OF THE
INFORMATION ABOUT VICTIMS OF
VIOLENCE, AND THIS BILL DOES
JUST THAT. IT BUILDS ON THE
SUCCESS OF THE 2021 JUSTICE FOR
SURVIVORS ACT BY ALLOWING COURTS
TO CONSIDER THE EXPERIENCES OF
SURVIVORS THROUGHOUT LEGAL
PROCEEDINGS IN ALL CASES, NOT
ONLY FOR NONVIOLENT OFFENSES.
SPECIFICALLY THIS BILL WOULD
ALLOW SURVIVORS TO UTILIZE AN
AFFIRMATIVE DEFENSE IN ORDER TO
PREVENT UNJUST CONVICTIONS ALLOW
JUDGES AND JURIES TO CONSIDER AN
INDIVIDUAL'S RELEVANT MENTAL
HEALTH DIAGNOSIS AND TREATMENT
AND MORE CASES. PROMPT JUDGES TO
CONSIDER SURVIVORS EXPERIENCES
WHEN MAKING CRITICAL SENTENCING
DECISIONS AND ENSURE THAT ALL
SURVIVORS HAVE THE ABILITY TO
UTILIZE THE MATURE PROCESS,
WHICH REMOVES ARRESTS OR PRIOR
CONVICTIONS FROM RECORDS OF
VICTIMS WHO SURVIVED ABUSE,
COERCION AND EXPLOITATION. WITH
ME TODAY AND SUPPORT I HAVE
SUSAN BUSTAMONTE, AN ADVOCATE
WITH THE CALIFORNIA COALITION
FOR WOMEN, PRISONERS AND APRIL
GRAYSON FROM SISTER WARRIOR
FREEDOM COALITION. THEY'RE BOTH
SURVIVORS WHO DEDICATE THEIR
TIME FOR ADVOCATING ON THIS
ISSUE AND ALSO HAVE KATE WALKER
BROWN FROM THE NATIONAL CENTER
FOR YOUTH LAW WAS AVAILABLE FOR
TECHNICAL QUESTIONS. THANK YOU
HAVE FIVE MINUTES ALTOGETHER. I
SAID BEFORE THIS COMMITTEE
TESTIFYING FOR A B 14 97 AFTER
ADVOCATING FOR OVER THREE YEARS
ASKING FOR PEOPLE TO FINALLY SEE
ME AS A VICTIM AND NOW SURVIVOR
OF HUMAN TRAFFICKING. I SIT HERE
IN PAIN, WONDERING WHY PEOPLE
LIKE ME ARE STILL NOT SEEING HIS
VICTIMS OF CRIME AS WHOLE PEOPLE
WORTH LISTENING TO INSTEAD WERE
CRIMINALIZED INDUSTRY GUARDED
THE PERSON WHO YOU SEE BEFORE
YOU NOW. A STRONG ADVOCATE,
WOMAN AND SURVIVOR IS NOT WHAT
THE SYSTEM HAS EVER SEEN ME AS I
AM REGARDED AS A PREDATOR. I WAS
BORN IN THE SYSTEM. MY BIRTH
MOTHER WAS MURDERED. WHEN I WAS
THREE. I SUFFERED COUNTLESS
ABUSE, SEXUAL ASSAULTS,
MOLESTATIONS AT A VERY YOUNG AGE
. I WAS ADOPTED AT 4.5 INTO A
FAMILY THAT DID NOT NEED A
CHILD. ESPECIALLY NOT A CHILD
WITH ALL MY TRAUMA MY ADOPTED
MOTHER THAN ALSO DIES IN ON 14.
MY FATHER WHO DID NOT WANT ME
PUT ME BACK IN THE SYSTEM WITHIN
THREE MONTHS OF MY MOTHER'S
PASSING A FEW MONTHS LATER, I
FIND MYSELF IN A MENTAL HOSPITAL
BEING ARRESTED FOR HAVING A SIT
OUT AT 15 YEARS OLD. I WAS
DETAINED AND SHUFFLED BACK AND
FORTH TO NUMEROUS FACILITIES
ULTIMATELY CRIMINALIZED FOR NOT
HAVING ANY PARENTS AND MAJOR
SEFFRIN JR HALF FOR MONTHS
EMANCIPATED AT 18. BUT LET'S BE
CLEAR. I WAS KICKED OUT OF THE
SYSTEM AT 18, AND I FIND MYSELF
WITHIN MONTHS SITTING IN
SACRAMENTO COURTHOUSE FACING
PIMPING, PANDERING, KIDNAPPING
AND GUN CHARGES THE AGE OF 19.
SITTING NEXT TO MY 27 YEAR OLD
TRAFFICKER. HE WAS NEVER
IDENTIFIED AS A TRAFFICKER, LET
ALONE MY TRAFFICKER. I WAS MADE
TO BE THE PERPETRATOR AND THE
MASTERMIND OF A CRIME SENTENCED
TO 20 YEARS, EIGHT MONTHS I
SERVED 17 YEARS NEVER ONCE SEEN
AS A VICTIM OF CRIME OR HUMAN
TRAFFICKING, NEVER GETTING ANY
HELP OR REFERRAL TO
REHABILITATIVE SERVICES ARE
PROGRAMMING. I SAID BEFORE YOU
AS A SURVIVOR OF HUMAN
TRAFFICKING, SO THEN THAT'S
STILL HAS NOT BEEN ACKNOWLEDGED
BY THE STATE. I SAID IN FRONT OF
YOU SPEAKING ON BEHALF OF
THOUSANDS OF WOMEN ENTRANCE
FOLKS WHO ARE NOT PRESENT TO
TELL YOU THE COUNTLESS ABUSES
AND HORRORS THAT WE HAVE FACED
SAID BEFORE YOU TODAY AND HOPE
FOR JUSTICE. I HOPE THAT NO
OTHER PERSON HAS TO SUFFER
THROUGH ALL THESE DIFFERENT
SYSTEMS AND FIND THEMSELVES
SITTING ACROSS FROM A JUDGE WHO
SHOULD CLEARLY BE ABLE TO
IDENTIFY A 19 YEAR OLD AND A 27
YEAR OLD TRAFFICKER. AND I HOPE
THAT YOUNG PERSON THAT CHILD
WILL NOT HAVE TO SEPARATE
THROUGH 17 YEARS OF PRISON OF
LET ME SEEN AS A VICTIM OF HUMAN
TRAFFICKING BEFORE YOU PLEADING
FOR YOU TO SEE SURVIVORS AND
VICTIMS AND UNDERSTAND THAT WE
DO NOT HAVE A LOOK. WE DO NOT
HAVE A FACE. WE DON'T ALL HAVE
THE SAME STORY. WE COME FROM
DIFFERENT BACKGROUNDS, DIFFERENT
CLASSES, THOUGH A LOT OF IT IS
ROOTED IN POVERTY AS THAT. YOU
SEE PEOPLE FOR PEOPLE THIS BILL
80 14 97 WILL SEE PEOPLE AS
PEOPLE WITH THE PEOPLE THAT
SURVIVORS WOULD GIVE THE VIRUS
AN OPPORTUNITY TO BE SEEN AS
THEY'RE FULL. OH THROUGH
WHOLESALES AS SAD. S DRAMATIC AS
HORRIBLE AS SHAMEFUL AS IT MIGHT
BE, BUT THEY WILL BE SEEN AND
THEN THE JUDGE AND JURY WILL
HAVE THE FULL PICTURE TO MAKE A
DECISION. I SIT IN FRONT OF YOU
ASKED ME TO SEE THEM AND TO SEE
ME. I CHOOSE THEM AND I HOPE YOU
DO TOO. THANK YOU. MY NAME IS
SUSAN BUSTAMANTE. I WAS RAISED
IN THE HISPANIC CULTURE OF WHAT
HAPPENS IN THE HOUSEHOLD STAYS
IN THE HOUSEHOLD. AT THE AGE OF
12. MY FATHER STARTED MOLESTING
ME, AND IT CONTINUED TO THE AGE
OF 18. IF ONLY TO. I FINALLY
TOLD MY BROTHER ABOUT THE ABUSE
, HE SAID, DON'T WORRY, SIS.
I'LL TAKE CARE OF IT WHEN HE
CAME BACK. HE SAID. GO HOME.
HE'LL NEVER TOUCH YOU AGAIN, AND
HE NEVER DID. AT 19. I MEANT
STEPHEN. MY HUSBAND WHEN I MET,
I DIDN'T KNOW HE WAS A VIETNAM
VET, OR THAT HE WAS RAISED IN A
DOMESTIC VIOLENCE HOUSEHOLD THE
FIRST TIME YOU HURT ME, MY
HUSBAND DRAGGED ME IN THE
BATHROOM AND THREW ME AROUND. HE
KEPT ME ISOLATED FROM MY FAMILY
, AND THE ONLY ALLOWED ME OUT OF
THE HOUSE TWICE A YEAR FOR
CHRISTMAS AND MY BIRTHDAY IN THE
SIX YEARS I WAS MARRIED. HE
THREATENED TO KILL MY SISTER AND
MY MOM, HE SAID HOW THEY WOULD
HAVE ACCIDENTS. IT WAS TORTUROUS
. WHEN I WAS PREGNANT WITH MY
FIRST DAUGHTER. HE LITERALLY
DRAGGED ME THROUGH THE HOUSE. HE
WAS CONSTANTLY HITTING ME HE
WOULD HAVE FLASHBACKS OF VIETNAM
AND I WOULD WAKE UP WITH HIM
CHOKING ME. I HAVE PERMANENT
DAMAGE IN MY NECK AND MY HEAD
FROM ALL THE BEATINGS IN 1980. I
BECAME PREGNANT AGAIN. HE FORCED
ME TO HAVE AN ABORTION. THAT WAS
MY TURNING POINT. I WANTED HIM
ALL OF MY LIFE. BUT HE
THREATENED TO KIDNAP MY
DAUGHTERS IF I EVER LEFT. SO I
REACHED OUT TO MY BROTHER ONCE
AGAIN. AND HE CAN HE TOLD ME.
DON'T WORRY, SIS. I'LL TAKE CARE
OF IT. THE IDEA THAT HE WOULD
KILL HIM NEVER OCCURRED TO ME
LATER. HE CALLED ME TO SAY THAT
STEPHEN WAS DEAD. HE THREATENED
TO CALL THE POLICE AND SAY I
PLANNED IT. HE BLACKMAILED FOR
STEVENS ASSURANCE. I WAS AFRAID
OF HAVING MY DAUGHTER'S TAKEN
FROM ME. SO I GAVE I WAS 24
YEARS OLD. A FEW YEARS LATER, MY
BROTHER DIED AND SOMEBODY WHO
KNEW HIM TOLD THE DETECTIVE. I
KILLED STEPHEN. WHEN I WENT TO
TRIAL, NOTHING WAS ALLOWED.
ABOUT THE MOLESTATION. NOTHING
ABOUT THE DOMESTIC VIOLENCE.
ANYTIME I TRIED TO SAY ANYTHING,
I IT WAS STRUCK FROM THE COURT
RECORD AFTER A TWO DAY TRIAL. NO
CHANCE TO TELL MY STORY. I WAS
CONVICTED FOR A MURDER I DID NOT
COMMIT AND SENSE TO LIFE WITHOUT
THE POSSIBILITY OF PAROLE AT 32
YEARS OLD HAD NEVER BEEN IN
TROUBLE. I WAS SENTENCED TO DIE
IN PRISON. MY DAUGHTERS WERE 8
11. I MISSED THEIR WEDDINGS, THE
BIRTH OF THEIR CHILDREN, MY
GRANDKIDS. I LOST PARENTS AND MY
SISTER WELL IN PRISON FOR THREE
DECADES. IF A B 14 97 WAS LÀ,
THEN I WOULD HAVE BEEN ABLE TO
SHARE MY STORY. MAYBE IT WOULD
HAVE BEEN ABLE TO ACCESS
AFFIRMATIVE DEFENSE OR AGAIN A
DIFFERENT SENTENCE. OR MAYBE
THAT WOULD HAVE TURNED OUT THE
SAME. BUT I WOULD HAVE BEEN ABLE
TO SPEAK MY WORDS TO SHARE WHAT
HAPPENED TO ME. AND WHAT
HAPPENED TO MY HUSBAND.
THANKFULLY I WAS GRANTED
CLEMENCY IN 2017 WENT TO THE
PAROLE BOARD AND CAME HOME IN
2018. I AM A SURVIVOR. DOMESTIC
VIOLENCE SOMEONE SURVIVOR CHILD,
N N, STATION CHEMIST, SURVIVOR
OF THE CALIFORNIA PRISON SYSTEM
, AND I'M AN ADVOCATE FOR
VICTIMS AND SURVIVORS WHO SHOULD
HAVE THE CHANCE TO TELL THEIR
STORIES IN COURT. I'M HERE THE
STRONG SUPPORT OF THIS BILL.
THANK YOU. THANK YOU. AND ANY
OTHER IN SUPPORT NAME AND
ORGANIZATION NATASHA MINSK, ER,
SMART JUSTICE, CALIFORNIA AND
STRONG SUPPORT. THANK YOU. EMILY
HARRIS WITH ELLA BAKER CENTER
FOR HUMAN RIGHTS AND STRONG
SUPPORT AND THANK YOU APRIL AND
SUSAN. ALICE KESSLER ON BEHALF
OF THE CALIFORNIA PARTNERSHIP TO
END DOMESTIC VIOLENCE WHERE CO
SPONSOR OF THE BILL AND URGE
YOUR SUPPORT. MARCO GEORGE ON
BEHALF OF THE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION, AND
STRONG SUPPORT, ALSO ON BEHALF
OF THE SAN FRANCISCO PUBLIC
DEFENDER'S OFFICE, PROUD CO
SPONSOR OF THE BILL, THANK YOU.
DANICA ROAD, CARMEL ON BEHALF OF
INITIATE JUSTICE AND SUPPORT.
DAN SEAMAN ON BEHALF OF
CALIFORNIANS FOR SAFETY AND
JUSTICE, CO SPONSOR OF THE BILL
AND STRONG SUPPORT. MELISSA COSI
ON BEHALF OF CRIME. SURVIVORS
FOR SAFETY AND JUSTICE CO
SPONSORED THE BILL AND STRONG
SUPPORT AS WELL AS THE FOLLOWING
ORGANIZATIONS. NEXT DOOR. OF
COURSE, MY PHONE DECIDES TO
FREEZE. ALL OF THIS. NEXT DOOR
SOLUTIONS TO DOMESTIC VIOLENCE.
FELONY MURDER ELIMINATION
PROJECT NATIONAL LGBT KEY,
INSTITUTIONAL, INTIMATE PARTNER
VIOLENCE COMMUNITIES UNITED FOR
RESTORATIVE JUSTICE, SONITA
JEANS, ANTI TRAFFICKING
INITIATIVE, THE LAW SCHOOL TO
THRIVE FREEDOM FROM EXPLOITATION
LAW OFFICES OF LAURIA AND MENDEZ
. FIRST THOSE BARRIERS YOU NEED
THOSE LEADERSHIP INSTITUTE
CURRENT COUNTY PARTICIPATED
DEFENSE. LASTING FAMILY SERVICES
. LOS ANGELES CENTER FOR LAW AND
JUSTICE, PEPPERED AND
RESTORATION INJUSTICE CLINIC
BLACK WOMAN FOR WELLNESS CENTER
FOR COMMUNITY SOLUTION SEND YOUR
ORGANIZATION PROJECT AS WELL AS
A FULL INDIVIDUALS. TYLER
RUSSELL, LICIA BUGNER, RANDY
ELASTIC LILLIAN MEYERS, SEVEN
MARQUEE LOUISE AND MAKING
COOKIES, SO THANK YOU. GRACE
GLASER ON BEHALF OF VALOR AND
STRONG SUPPORT. RESPONDING YEARS
ON BEHALF OF THE ENTIRE
RECIDIVISM, COALITION, SOCIAL
CHANGE AND INSIDE GARDEN PROGRAM
IT STRONG SUPPORT. THANK YOU.
KARMA NICOLE COX ON BEHALF OF A
C O U COLLECTION AND STRONG
SUPPORT. OKUCANI CHILDREN'S
DEFENSE FUND, CALIFORNIAN,
STRONG SUPPORT. JOE IN SHEER ON
BEHALF OF FELONY MURDER
ELIMINATION PROJECT IN VERY
STRONG SUPPORT, SUSAN THANK YOU.
TERRY GALVIN ON BEHALF OF
COMMUNITY AGAINST SEXUAL HARM
AND STRONG SUPPORT. THANK YOU.
ARE THERE ANY IN OPPOSITION?
THANK YOU. GOOD MORNING. GOOD
MORNING. MY NAME IS I. V
FITZPATRICK, MANAGING DEPUTY
DISTRICT ATTORNEY IN RIVERSIDE
COUNTY, CALIFORNIA I'M APPEARING
TODAY IN OPPOSITION TO THE 14 97
ON BEHALF OF THE CALIFORNIA D'S
ASSOCIATION. UM FIRST, MAYBE 14
97 WOULD UNDO THE IMPORTANT
DIMINISHED CAPACITY REFORMS
ENACTED INTO PENAL CODE SECTION
28 FOLLOWING THE TRIAL OF DAN
WHITE FOR THE MURDERS OF SAN
FRANCISCO MAYOR GEORGE MOSCONE
AND SUPERVISOR HARVEY MILK
INSIDE SAN FRANCISCO CITY HALL
IN 1978. THE 14 97 SHOULD NOT BE
USED TO INVALIDATE SECTION 28
LIKE A B 1 24 ATTEMPTED TO DO IN
2021 WAS RIGHTLY REJECTED BY THE
LEGISLATURE. EXPANDING THE SCOPE
OF ADMISSIBILITY OF DIMINISHED
CAPACITY TO VIOLENT GENERAL
INTENT CRIMES. IS A BRIDGE TOO
FAR AND PUTS PUBLIC SAFETY AT
RISK. SECONDLY, THE 14 97
EXPANDS THE AFFIRMATIVE DEFENSE
OF HUMAN TRAFFICKING TO ALL
CRIMES, INCLUDING VIOLENT CRIMES
LIKE MURDER. AGAIN THE
LEGISLATURE RECOGNIZED THE
SERIOUS PUBLIC SAFETY
IMPLICATIONS. THIS KIND OF UNDUE
EXPANSION WOULD CARRY WHICH IS
WHY THE EXACT SAME PROPOSAL WAS
EXCISED FROM MAYBE 1 24 AND
SHOULD NOT BE PASSED THIS TIME
AROUND, EITHER. THIS BILL, IN
ESSENCE, CREATES AN ADDITIONAL
AND SPECIFIC DURESS DEFENSE FOR
ALL CRIMES WHEN COMMITTED BY A
MEMBER OF A VULNERABLE
POPULATION. A DURESS DEFENSE
GENERALLY APPLIES WHEN A PERSON
COMMITS A CRIME AS A LESSER OF
TWO EVILS. DURESS DOES NOT
TRADITIONALLY APPLY TO MURDER.
THIS BILL, HOWEVER, CREATES A
DURESS DEFENSE WITHOUT ANY
CONSIDERATION WHATSOEVER APPLIED
TO THE CRIMES THE PERSON
COMMITTED. VERSUS THE CRIMES
THEY WERE THAT WERE COMMITTED
AGAINST THEM. IT DOES NOT DEFINE
HOW ONE MIGHT PROVE OR DISPROVE
SUCH A DEFENSE, AND IT DOES NOT
LIKE OUR PREVIOUSLY STATED
EXCLUDE MURDER. FINALLY THIS
BILL WOULD PROHIBIT A COURT FROM
IMPOSING CONSECUTIVE TERMS FOR
TWO OR MORE FELONIES OR FROM
IMPOSING A TERM OF IMPRISONMENT
FOR ANY SENTENCE ENHANCEMENT. IF
THE PERSON HAS EXPERIENCED
CERTAIN TRAUMATIC CONDITIONS.
BUT THOSE CONDITIONS WOULD NOT
JUST BE AT THE TIME OF THE
COMMISSION OF THE OFFENSE, BUT
EVEN ANY TIME PRIOR TO THE
CURRENT OFFENSE BY TAKING THIS
BROAD BRUSH APPROACH, MAYBE 14
97 REDUCES ACCOUNTABILITY FOR
OFFENDERS AND PLACES OUR
COMMUNITIES AT RISK. THANK THE
COMMITTEE FOR THE TIME. THANK
YOU ANY OTHER IN OPPOSITION?
ANYONE ELSE IN OPPOSITION.
EXCUSE ME, BRING IT BACK TO
COMMITTEE. ORTEGA. JUST WANT TO
SAY. I SEE YOU. AND I HEAR YOU.
THIS IS. AN IMPORTANT STEP
FORWARD AND MAKING SURE THAT WE
CORRECT THE WRONGS DONE IN THE
PAST, INCLUDING BY THIS BODY FOR
NOT RECOGNIZING YOU AS A THREE
YEAR OLD AND PROTECTING YOU
ALONG THE WAY. SO AS A MEMBER OF
THE STATE OF CALIFORNIA PUBLIC
SAFETY COMMITTEE. I WANT TO SAY
I'M SORRY. AND ONCE AGAIN SAY I
SEE YOU AND I HEAR YOU. THANK
YOU. THANK YOU. KNOW ANYONE
ELSE? YEAH. SORRY I MISSED THE
PRESENTATION. BUT I KNOW THIS
BILL INSIDE AND OUT, BECAUSE I
KNOW APRIL GRAYSON INSIDE AND
OUT. AND I HAD THE PRIVILEGE OF
SEEING A FILM THAT WAS MADE.
ABOUT HER LIFE CALLED LITTLE
APRIL. THE ENTIRE PREMISE OF THE
FILM. IS HOW THIS LEGISLATURE
CUT HER OUT. OF HER OWN BILL. A
BILL THAT WOULD HAVE GIVEN HER
VOICE AND AGENCY IN THE
COURTROOM. THIS IS AN ATTEMPT TO
WRITE THAT INJUSTICE. THANK YOU
FOR YOUR COURAGE AND COMING HERE
TODAY AND FOR SITTING BEFORE
THIS BODY AGAIN AND SPEAKING
YOUR TRUTH AND BRINGING THAT
POWER PROUD CO AUTHOR OF THIS
BILL. IF THERE'S NOT A MOTION,
I'D LIKE TO MAKE ONE SO MOVE.
LET ME AT FIRST. IF YOU DON'T
MIND. LET US ESTABLISH A QUORUM
SO WE CAN VOTE ON YOUR BILL
RIGHT NOW. JOHN SAWYER. LONNIE'S
BANTER, BRIAN. BLACKY ORTEGA
SANTIAGO. CYBER PRESIDENT.
MOTION. MOVE THE BILL. SECOND.
THANK YOU. AND ANY OTHER
COMMENTS OR QUESTIONS. YOU MAKE
CLOTHES, MR HANEY. BUT I FIRST
WANT TO THANK APRIL AND SUSAN
FOR THEIR COURAGE AND FOR
SHARING THEIR STORIES TODAY AND
THANK THE MEMBERS FOR THEIR
COMMENTS AS WELL. AH THIS IS
SOMETHING THAT WILL CORRECT AND
INJUSTICE WILL ALLOW PEOPLE'S
FULL EXPERIENCES TO BE BROUGHT
TO COURT. I ALSO WANT TO
RECOGNIZE THE CHAIR AND THANK
HIM FOR HIS SUPPORT AND ALSO
COMMIT TO CONTINUE TO WORK ON
SOME OF THE ISSUES THAT WERE
RAISED IN THE COMMITTEE ANALYSIS
AND TO WORK ON THOSE ISSUES
BEFORE WE MOVED THE BILL ANY
FURTHER BEYOND TODAY, AND THANK
YOU AGAIN FOR YOUR PARTNERSHIP
AND LEADERSHIP ON THAT, AND WITH
THAT WILL ASK FOR YOUR VOTE.
THANK YOU, AND IT HAS BEEN
DIFFICULT, BUT I ALSO WANT TO
WANT TO THANK FOR BEING HERE. SO
THAT, UM WE DON'T ALWAYS GET IT
RIGHT. AND IN ANY LEGISLATION.
WE DON'T ALWAYS GET IT RIGHT.
BUT YOU'VE GIVEN US AN
OPPORTUNITY. AND I WANT TO THANK
YOU BOTH FOR THAT. THAT YOU GIVE
US AN OPPORTUNITY. TO GET
SOMETHING RIGHT? UM, THAT'S. ONE
TWO AS YOU HEARD FROM HERE, UM.
OR SOMETIMES CRITICIZED FOR NOT
HEARING VICTIMS, GIVING US AN
OPPORTUNITY TO SHOW THAT WE CARE
THAT WE HEAR THE VICTIMS. AND
THAT WE ACTUALLY WILL. DO
EVERYTHING IN OUR POWER TO MAKE
SURE WE CAN RIGHT A WRONG AS
BEST WE CAN UNDER THE COLOR OF
LAW. AND SO AGAIN, I WANT TO
THANK YOU FOR THAT. AND I WANT
TO THANK THE AUTHOR FOR WORKING
WITH US. I MEAN THAT. THAT'S ALL
WE ASK HERE AT THE PUBLIC SAFETY
COMMITTEE IS FOR AUTHORS TO WORK
WITH US SO THAT WE CAN GET THE
BEST. BILL OUT, AND SO, UM UM,
IT'S BECAUSE OF THAT. UM, AND
ANY OTHER BILLS THAT WE'VE LET
THINGS OUT. BECAUSE WE'VE HAD
GOOD AUTHORS WHO UNDERSTAND THAT
WE NEED TO WORK THROUGH THESE
THINGS. AND WE CAN LET THINGS
OUT, BECAUSE, UM, GOOD AUTHORS
ARE WILLING TO MAKE THOSE
COMMITMENTS. AND SO I WANT TO
THANK YOU, MR HANEY FOR MAKING
THAT THAT THAT COMMITMENT, UM,
GOING FORWARD. IT'S UM. A LOT OF
PEOPLE DON'T SEE THAT IT'S A LOT
OF INSIDE BASEBALL. BUT I THINK
IT'S NOW TIME WE'VE PROBABLY
START LETTING OTHERS KNOW THAT A
LOT OF THINGS CAN GET DONE. WHEN
YOU WORK WITH THIS COMMITTEE AND
AGAIN. I WANT TO THANK THE
VICTIMS FOR BEING HERE TODAY,
UM, TO PUT A FACE TO IT. WITH
THAT OVERALL. ON A B 14 97 BY A
SEVEN MEMBER HANEY. THE MOTION
IS PASSED THE APPROPRIATIONS
COMMITTEE JOHN SAWYER, I ELONIS
, NOT VOTING BONTA. BRIAN BRIAN
. I LACKEY LACKEY. NO ORTEGA
ORTEGA EYES SANTIAGO. SUPER THAT
MEASURES ON CALL LEADS TO MORE
THANK YOU. THANK YOU. MR RAMOS.
A B 791. ITEM EIGHT. MR RULES
CHAIR. WORK. WHEN YOU HAVE TIME
LATER, WE'LL HAVE A
CONVERSATION. WE GOT SOME TIME.
OKAY? THANK YOU, UH, MR CHAIR,
WE MAY PROCEED. THANK YOU, MR
CHAIR MEMBERS. I WOULD LIKE TO
START BY ACCEPTING THE COMMITTEE
AMENDMENTS, UM, LISTING ANALYSIS
AND THANK YOU TO THE COMMITTEE
AND THE CHAIR FOR WORKING WITH
US, UM, TO WORK THROUGH AREAS
THAT WE HAVE REACHED AGREEMENT
ON TODAY. I'M I AM PRESENTING A
B 7 91 A BILL THAT WOULD AMEND
CURRENT BAIL PROVISIONS TO
PREVENT DEFENDANTS WHO ARE
FACING LIFE WITHOUT PAROLE OR
DEATH FROM RECEIVING POST
CONVICTION BAIL. A B 7 91 IS
NARROWLY CRAFTED A MEASURE AND
WITH ME TO TESTIFY IN SUPPORT OF
THE BILL IS RYAN SHERMAN ON
BEHALF OF THE RIVERSIDE COUNTY
SHERIFF'S ASSOCIATION AND
SUPPORT GOOD MORNING, MR CHAIR
MEMBERS MORNING. BRIAN SHERMAN
WITH THE RIVERSIDE SHERIFF'S
ASSOCIATION AND SUPPORT OF THE
BILL, ALSO IN SUPPORT THE POLICE
OFFICER ASSOCIATIONS OF
CLAREMONT CORONA, POMONA PALACE,
FERGIE'S NEWPORT BEACH. PLASTIC
COUNTY. THE ESSAY UPLAND SANTA
ANA, BURBANK, MARIA ARCADIA,
RIVERSIDE. SHERIFFSASSOCIATION
MONTEREY COUNTY, FLORIDA NPOA
AND COVER CITY P O ON SUPPORT
SUPPORT THIS MEASURE, WHICH IS A
BILL TO AMEND BAIL PROVISIONS
APPLICABLE TO POST CONVICTION.
DEFENDANTS FACING LIFE WITHOUT
POSSIBILITY OF PAROLE. CURRENTLY
POST CONVICTION. DEFENDANTS
FACING A DEATH SENTENCE ARE
BARRED FROM ELIGIBILITY FOR
RELEASE ON PAROLE. HOWEVER THERE
IS SOME CONFUSION AND OCCASIONAL
AND CONSISTENCY WITH REGARDS TO
THE APPLICATION OF THIS SECTION
TWO DEFENDANTS FACING L WOP CAL
PENAL CODE 12 72 READS QUOTE
AFTER A CONVICTION OF AN OFFENSE
NOT PUNISHABLE BY DEATH. A
DEFENDANT WHO HAS MADE
APPLICATION FOR PROBATION OR WHO
HAS APPEALED MAYBE ADMITTED
BAIL. HOWEVER SINCE CONVICTION
OF AN OFFENSE PUNISHABLE BY
DEATH IS ALSO PUNISHABLE BY L
ONE. CLARITY IS NEEDED TO ENSURE
THAT IT IS THE OFFENSE FOR WHICH
THE DEFENDANT WAS CONVICTED THAT
ACTS AS A PROHIBITION ON BAIL IN
THESE LIMITED CIRCUMSTANCES.
PERSONS CONVICTED OF FIRST
DEGREE MURDER WITH SPECIAL
CIRCUMSTANCES SHOULD NOT BE
RELEASED ON BAIL. THESE
DEFENDANTS ARE FACING AN L WOP
AND HAVE NO INCENTIVE TO RETURN
TO COURT FOR SENTENCING EVERY
INCENTIVE. TO USE EXTREME
VIOLENCE AGAINST THE PUBLIC AND
LAW ENFORCEMENT TO AVOID CAPTURE
AND RETURN TO CUSTODY. FOR THESE
REASONS WE SUPPORT A B 7 91
RESPECTFULLY REQUEST AND I VOTE.
THANK YOU. IN ANY OTHER
WITNESSES AND THE EYEWITNESSES
AND SUPPORT NAME AND
ORGANIZATION. GOOD MORNING, MR
CHAIR. REMEMBER SHANE LEVIN ON
BEHALF OF THE DEPUTY SHERIFFS
ASSOCIATION IN SAN BERNARDINO
COUNTY, SACRAMENTO COUNTY,
ORANGE COUNTY, THE LONG BEACH
POLICE OFFICERS ASSOCIATION IN
THE CALIFORNIA FRATERNAL ORDER
OF POLICE. THANK YOU.
FITZPATRICK MANAGING DEPUTY
DISTRICT ATTORNEY, RIVERSIDE
COUNTY DISTRICT ATTORNEY'S
OFFICE ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION, THE RIVERSIDE
COUNTY DISTRICT ATTORNEY AND THE
PLASTER COUNTY DISTRICT ATTORNEY
AND STRONG SUPPORT. THANK YOU.
THANK YOU. ANY ANYONE IN
OPPOSITION.
MARCO GEORGE ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND THE SAN
FRANCISCO PUBLIC DEFENDER AND
RESPECTFUL OPPOSITION. WE THANK
THE AUTHOR AND THE COMMITTEE FOR
NARROWING THE BILL. UM WOULD
STILL UM, OPPOSED. AND I THINK
THAT I HAVE NEVER HEARD OF A
JUDGE EVER RELEASING SOMEONE ON
BAIL WHO WAS FACING LIFE WITHOUT
PAROLE. I DON'T THINK THAT THIS
IS NECESSARY. IF SOMEONE IF I
JUDGE WERE TO CONSIDER RELEASING
SOMEONE WHO WAS FACING LIFE
WITHOUT PAROLE, I THINK IT WOULD
BE AN EXTRAORDINARY CIRCUMSTANCE
WHERE THE JUDGE FELT THERE HAD
BEEN A MISCARRIAGE OF JUSTICE,
AND I JUST DON'T THINK THAT THAT
IS SOMETHING THAT WE NEED TO
LEGISLATE. UM IT'S INSTRUCTIVE
TO LOOK AT OTHER STATES AND THE
FEDERAL COURTS, FEDERAL LAW AND
MOST STATES GIVE COURTS BROAD
DISCRETION AS WHETHER OR NOT TO
GRANT AND DEFEND THAT BAIL
PENDING HIS APPEAL FROM
CONVICTION. AND SITUATIONS
INVOLVING DISCRETION. COURTS
LOOK AT A NUMBER OF FACTORS
WHICH CALIFORNIA COURTS ALREADY
LOOK AT WHICH ARE WHETHER THE
DEFENDANT WILL FLEE. UM
COMMUNITY TIES THE RECORD FOR
APPEARING AND FIRE STAGES OF THE
CRIMINAL PROCEEDING, AND THE
ADDED AND SENATE FOR FLIGHT
BECAUSE OF THE CONVICTION.
ANOTHER FACTOR THAT IS PARAMOUNT
IS, OF COURSE, DANGER THE
DEFENDANT PRESENTS TO SPECIFIC
INDIVIDUALS ARE THE COMMUNITY IN
GENERAL. COURTS ALSO LOOKED TO
THE NATURE OF THE CRIME AND THE
DEFENDANTS PRIOR RECORD. SO ALL
OF THESE THINGS WOULD BE TAKEN
INTO CONSIDERATION. ALREADY. UM
. MOST STATES DO FOLLOW THE
GENERAL RULE. THAT APPEAL FROM A
STATE CRIMINAL CONVICTION IS A
MATTER OF COURT DISCRETION. UM
WE ARGUE THAT YOU SHOULD NOT
RESTRAIN. JUDICIAL DISCRETION.
AND IT'S BETTER TO PUT IN PLACE
ADDITIONAL GUARDRAILS. OTHER
GUARDRAILS THE COURTS COULD
CONSIDER OR THE LEGISLATURE ARE
CURFEWS. ELECTRONIC MONITORING,
REPORTING TO THE PROBATION
DEPARTMENT HOUSE ARREST RATHER
THAN INSTITUTING A FLAT BAND. WE
RESPECTFULLY ASK FOR YOUR NO
VOTE. THANK YOU. ANY OTHERS IN
OPPOSITION.
GOOD MORNING CHAIR, REMEMBERS
JOSHUA TODAY ON BEHALF OF THE
CALIFORNIA ATTORNEYS COMING TO
JUSTICE LATE OPPOSITION, BUT WE
WILL GET A LETTER TO THE OFFICE.
THANK YOU. THANK YOU. BUGS. YOU
KNOW MORE OPPOSITION, BRING IT
BACK TO COMMITTEE MEMBERS FOR
ANY QUESTIONS OR COMMENTS.
ISAAC. ALRIGHT I'M JUST I'M
WONDERING IF THE AUTHOR OR THE
WITNESS CAN GIVE AN EXAMPLE OF
AN INSTANCE WHERE SOMEBODY WAS
RELEASED POST CONVICTION FOR
SOMETHING FOR WHICH THEY WERE
THE SENTENCE WOULD BE L WHAT IS
THAT? IS THAT A THING THAT
HAPPENS OR IS THIS JUST KIND OF
CLARIFYING THE CODE? CLAIRE
CLARIFYING THE CODE AND UNDER
FEDERAL LAW, UM DEFENDANTS ARE
POST CONVICTION. DEFENDANTS ARE
NOT PROHIBITED BELL, EITHER, SO
IT'S MORE KIND OF A CONSISTENCY
KIND OF CLEANING UP THE CODE
BUILD STARTED OUT AS SOMETHING
ENTIRELY DIFFERENT, AND THAT'S
WHAT WE HAD KIND OF WORKED OUT
WITH THE COMMITTEE TO AT LEAST
CLARIFY THEIR SECTION WHEN WE
WERE LOOKING AT AMENDING IT
PREVIOUSLY. WE SELL THESE
INCONSISTENCIES AND, UM IT'S
JUST BRINGS MORE CLARITY TO MAKE
SURE THAT THE OFFENSE IS WHAT
TRIGGERS THE CONVICTED OFFENSES
. WHAT TRIGGERS THIS RESTRICTION
, NOT WHETHER IT'S THE ACTUAL
THEY'RE FACING THE IMPOSITION OF
DEATH PENALTY. OKAY? AND THE
REASON FOR THE QUESTIONS BECAUSE
THE CALIFORNIA CONSTITUTION
ALREADY PROHIBITS, UM EVEN PRE
TRIAL RELEASE FOR CERTAIN THINGS
. UM IT'S NOT GRANTED IN ALL
INSTANCES, PARTICULARLY FOR
CAPITAL CRIMES, AND THE FACTS
ARE EVIDENT OR PRESUMPTION IS
GREAT. UM MY CONCERN WITH
CLARIFYING THE CODE. IS THAT THE
BAIL CONVERSATION IS CONFUSING
TO THE GENERAL PUBLIC AT THIS
POINT, GIVEN THE WORK WE'VE DONE
ON SB 10 ROLLING BACK SB 10 WAS
BUILT LAST YEAR AND I THIS COULD
BE POTENTIALLY MORE CONFUSING,
GIVEN THAT IT PROBABLY WON'T
HAVE A TANGIBLE IMPACT. BUT IT'S
MORE OF A TECHNICAL CLEAN UP. I
AM GOING TO SUPPORT IT TODAY
BECAUSE I HAVE A LOT OF FAITH IN
THE AUTHOR, UM, AND THE
DIRECTION THAT'S GOING BUT JUST
WANTED TO RAISE THOSE GENERAL
CONCERNS FOR KIND OF THE
PRETRIAL CONVERSATION WHEN THIS
IS POST CONVICTION, POST
CONVICTION CONVERSATION. THANK
YOU ANY OTHER. YOU MAKE CLOTHES.
WELL, THANK YOU, MR CHAIR AND
MEMBERS AND FOR THE COMMENTS
THAT ARE THERE UM, I
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU SECOND. AND WE AND I
WANT TO THANK YOU FOR TAKING
AMENDMENTS. WE HEARD FROM THE
OPPOSITION AND WE TRY TO AGAIN.
I WANT TO THANK YOU. AND I ALSO
WANT TO THANK YOUR SUPPORTERS.
WE ALWAYS DON'T ALWAYS AGREE,
BUT I THINK WE MAY HAVE GOT INTO
A PLACE WHERE A COMFORT LEVEL
WHERE YOU CAN MOVE THIS FORWARD,
AND SO THE CHURCH RECOMMENDED IN
LIFE. THIS IS A VERY UNIQUE
SITUATION SO IT MUST BE A FULL
MOON OUT THERE. WELL THANK YOU,
MR CHAIR FOR THAT, UM, AND THE
WORKABILITY AND A STEP IN MOVING
FORWARD, SAFEGUARDING OUR
COMMUNITIES TOGETHER. CULTURAL
ON ABC, 7 91 BY THE MEMBER RAMOS
. THE MOTION IS DUE PASS TO THE
APPROPRIATIONS COMMITTEE JOHN
SAWYER, ELONIS ELONIS. AYE
BANTER. I BRIAN, BRIAN LACKEY
LACKEY. I ORTEGA ORTEGA I
SANTIAGO ZABAR SUPER. I MEASURE
PASSED US. THANK YOU, MR GAY. OH
I'M SORRY. FARMED ALMOST ALMOST
GOT. 32. A B 7 32 AND 7 33.
EVERYONE YOU WANT TO DO FIRST.
CAN WE DO 7 32 1ST. 73 7 32.
WHENEVER YOU WRITE BEGIN. GOOD
MORNING, MR CHAIR AND MEMBERS. I
WOULD FIRST LIKE TO THANK YOUR
COMMITTEE CONSULTANT FOR HIS
ASSISTANCE ON THIS BILL AND
ACCEPT THE COMMITTEE SUGGESTED
AMENDMENTS. ASSEMBLY BILL 732
STRENGTHENS THE PROCESS FOR
REMOVING FIREARMS FROM PEOPLE
WHO AREN'T ALLOWED TO OWN THEM
DUE TO A CRIMINAL CONVICTION. AS
DEADLY MASS SHOOTINGS DOMINATE
HEADLINES ON A NEAR DAILY BASIS,
INCLUDING THE TRAGIC MASS
SHOOTING IN MONTEREY PARK IN MY
DISTRICT A FEW MONTHS AGO. WE
KNOW THE NEED FOR STRONGER
PROTECTIONS FOR OUR COMMUNITIES
IS CLEAR. 87 32 WILL INCREASE
THE COURT AND PROSECUTING
ATTORNEYS ROLES IN ASSURING THAT
FIREARMS ARE TURNED OVER AT THE
TIME OF CONVICTION. THEY ALSO
REQUIRE INCREASED COORDINATION
BETWEEN THE DEPARTMENT OF
JUSTICE AND LOCAL LAW
ENFORCEMENT AGENCIES TO ADDRESS
THE BACKLOG OF NEARLY 24,000
INDIVIDUALS WHO MAY ILLEGALLY
OWNED FIREARMS. TOGETHER THESE
EFFORTS WILL HELP KEEP OUR
COMMUNITIES SAFER. HERE TO
TESTIFY AND SUPPORT IS NATASHA
MINISKIRT FROM THE PROSECUTOR'S
ALLIANCE OF CALIFORNIA. I
RESPECTFULLY ASK FOR AN IBOOK.
GOOD MORNING, NATASHA MINSTER ON
BEHALF OF THE PROSECUTOR'S
ALLIANCE OF CALIFORNIA. PROUD TO
SPONSOR A B 7 30 TO THE
DEPARTMENT OF JUSTICE REPORTS
THAT EACH YEAR APPROXIMATELY
5000 PEOPLE ARE ADDED TO THE
LIST OF ARMED PROHIBITED PERSONS
AS A RESULT OF A NEW CRIMINAL
CONVICTION. THAT'S 5000 TIMES A
YEAR THAT OUR CRIMINAL COURTS
FAILED TO SECURE A FIREARM FROM
SOMEONE. WHO HAS A GUN
REGISTERED IN THEIR NAME, BUT
BECAUSE OF A NEW CRIMINAL
CONVICTION, IT IS NOW ILLEGAL
FOR THEM TO OWN THAT FIREARM. 87
32 SEEKS TO CLOSE THIS LOOPHOLE
BY ESSENTIALLY SAYING TO COURTS
, JUDGES AND PROSECUTORS. YOU
CAN'T CLOSE THE CASE UNTIL YOU
SECURE THE FIREARM. 87 32 WILL
ALSO ENSURE GREATER
COMMUNICATION BETWEEN THE
DEPARTMENT OF JUSTICE,
PROSECUTORS AND LOCAL LAW
ENFORCEMENT IN THEIR JOINT
EFFORT TO CLEAR THE BACKLOG OF
PEOPLE ON THE ARMED PROHIBITED
PERSONS LIST BY SECURING
FIREARMS FROM PEOPLE WHO STILL
HAVE THEM. WE URGE YOUR I VOTE.
THANK YOU. THANK YOU IF THERE
ARE OTHERS IN SUPPORT REBECCA
MARCUS, REPRESENTING THE BRADY
CAMPAIGN AND SUPPORT LARA LANE
ON BEHALF OF EVERY TOWN FOR GUN
SAFETY AND SUPPORT. JULIA WEBER
ON BEHALF OF GIFFORDS IN
SUPPORT. CASSANDRA WHETSTONE, A
VOLUNTEER WITH MOMS DEMAND
ACTION AND SUPPORT. THANK YOU.
DO WE HAVE ANY PRIMARY WITNESSES
AND OPPOSITION? SEEING NONE. DO
WE HAVE ANY WHO ARE PROVIDING
PUBLIC COMMENTS IN OPPOSITION.
SAYING NONE. I WILL BRING IT
BACK TO THE COMMITTEE FOR
COMMENTS OR QUESTIONS. MR ZUBER
THINK THIS IS A TERRIFIC BILL?
THANK YOU SO MUCH FOR BRINGING
IT. I WOULD LOVE TO BE AT AS A
CO AUTHOR OF THAT'S WELCOME AT
THE RIGHT TIME, AND I MOVED THE
BILL. I WOULD LOVE TO HAVE
PHYSICAL AUTHOR. THANK YOU. ANY
OTHER COMMENTS OR QUESTIONS FROM
THE COMMITTEE. MOVE THE BILL, MR
ZABAR MOVED, MR RYAN SECONDS,
BUT I WILL OFFER MR FANG AN
OPPORTUNITY TO CLOSE THANK YOU
SO MUCH. I RESPECTFULLY ASK FOR
A KNIGHTHOOD. THANK YOU WITH
THAT. PLEASE TAKE TO THE ROLE
THE ROLE. ON A B 7 32 BY
ASSEMBLYMEMBER'S MIKE FONG. THE
MOTION IS PASSED AS AMENDED TO
THE APPROPRIATIONS COMMITTEE,
JOAN SAWYER. ELONIS COLONIES. I
BONTA BANTA, BRIAN! BRIAN I
LACKEY LACKEY. I ORTEGA SANTIAGO
SUPER SUPER AYE. THAT MEASURE
PASSES. THANK YOU SO MUCH. UH
WE'LL MOVE NOW TO A B 7 33 ITEM
NUMBER SIX. ITEM NUMBER SIX.
GOOD MORNING. MADAM CHAIR
MEMBERS. AGAIN I'D LIKE TO THANK
YOUR COMMITTEE CONSULTANT FOR
HIS ASSISTANCE ON THIS BILL AND
ACCEPT THE COMMITTEE SUGGESTED
AMENDMENTS. ASSEMBLY BILL 733
PROHIBIT STATE AND LOCAL
GOVERNMENT AGENCIES AND
DEPARTMENTS FROM SELLING
FIREARMS, FIREARM PARTS
AMMUNITION. AND BODY ARMOR BACK
TO THE PUBLIC IN THE WAKE OF THE
TRAGIC MASS SHOOTING IN MONTEREY
PARK. IT WAS REPORTED THAT A
LOCAL LAW ENFORCEMENT AGENCY
ATTEMPT TO SELL SURPLUS FIREARMS
AND AN ONLINE AUCTION THE
WEEKEND OF THE SHOOTING. THANK
YOU, LEE COUNTY SUPERVISOR HILDA
SOLIS AND THE L. A COUNTY BOARD
OF SUPERVISORS FURTHER QUICK
ACTION ON THIS. THIS REVEALED A
GAP IN OUR CURRENT SYSTEM.
THERE'S NO STATE LAW THAT
PREVENTS STATE AND LOCAL
GOVERNMENT AGENCIES AND
DEPARTMENTS FROM SELLING SURPLUS
FIREARMS TO MEMBERS OF THE
PUBLIC. A B 7331 SURE THAT
GOVERNMENT ENTITIES ARE NOT
PLAYING A ROLE IN INCREASING
ACCESS TO DAILY WEAPONS IN OUR
COMMUNITIES. HERE TO TESTIFY AND
SUPPORT. SOMEWHERE. BILL 733
ISN'T TASHA AND SPEAKER FROM THE
PROSECUTOR'S ALLIANCE OF
CALIFORNIA. I RESPECTFULLY ASK
FOR MY VOTE. THANK YOU FIVE
MINUTES. GOOD MORNING, NATASHA
MINSTER ON BEHALF OF THE
PROSECUTOR'S ALLIANCE OF
CALIFORNIA. PROUD TO SPONSOR A B
7 33 SIMPLY PUT, THE GOVERNMENT
SHOULD NOT BE IN THE BUSINESS OF
SELLING GUNS TO THE PUBLIC. WE
URGENT I VOTE. THANK YOU. YEAH.
ANY OTHER WITNESSES IN SUPPORT?
I'M AN ORGANIZATION. MR CHAIRMAN
MEMBERS DAN PHIL'S AUTO ON
BEHALF OF THE LOS ANGELES COUNTY
DISTRICT ATTORNEY'S OFFICE AND
SUPPORT THANK YOU ANYONE ELSE?
ANYONE IN OPPOSITION. SHERMAN.
AGAIN APOLOGIES FOR LATE
OPPOSITION. UM. RYAN SHERMAN,
THE RIVERSIDE
SHERIFFSASSOCIATION BUNCH OF
OTHER LAW ENFORCEMENT GROUPS. UM
WELL, WE MUST REGISTER
OPPOSITION AT A B 33, WHICH
PROHIBITS A LAW ENFORCEMENT
AGENCY FROM SELLING SURPLUS
FIREARMS TO ANYONE OR ANY ENTITY
, INCLUDING OUR CONCERN IS THE
UH, PEACE OFFICERS WHETHER
RETIRED RESERVE OR ACTIVE. WE
UNDERSTAND THE AUTHOR'S
PERSPECTIVE ABOUT THE GOVERNMENT
BEING IN THE BUSINESS OF SELLING
FIREARMS TO THE PUBLIC, AND WE
BELIEVE THERE ARE SOME PERSONS
AND ENTITIES TO WHOM A LAW
ENFORCEMENT AGENCY SHOULD BE
ABLE TO TRANSFER FIREARMS.
OFFICERS WHO HAVE USED AND
TRAINED WITH THEIR DEPARTMENT
ISSUED FIREARM, WHO WOULD LIKE
TO CONTINUE TO BE ABLE TO
PURCHASE WOULD LIKE TO CONTINUE
TO BE ABLE TO PURCHASE THAT
FIREARM UNDER CERTAIN
CIRCUMSTANCES, SUCH AS WHEN THE
DEPARTMENT SWITCHES FROM FIREARM
MODELS OR MANUFACTURERS OR UPON
RETIREMENT. ALLOWING OFFICERS TO
PURCHASE THE FIREARMS THAT THEY
HAVE BEEN TRAINING WITH FOR
YEARS POSES A SAFETY RISK TO THE
PUBLIC ENSURES THAT THE SURPLUS
FIREARM AND THE SITE IN THE
SECURE POSSESSION OF A FULLY
TRAINED AND EXPERIENCED LAW
ENFORCEMENT PROFESSIONAL ALSO WE
HAVE A CONCERN. ALTHOUGH THIS IS
MORE OF A FUNDING ISSUE WAS
WHILE THE ISSUE RELATES MORE TO
MANAGEMENT CONCERNS, WASTEFUL
DEPARTMENT SPENDING OR PRACTICES
REMAIN A CONCERN TO RANK AND
FILE SUCH SUCH SELL CREDITS
SALES OR CREDITS. PARDON ME.
ALLOWED DEPARTMENTS TO REDUCE OR
OFFSET THE COSTS. OF THEIR
ONGOING FIREARMS PURCHASED NEEDS
, AND THIS BILL POTENTIALLY
COULD MAKE THAT MUCH MORE
DIFFICULT FOR THOSE DEPARTMENTS
TO RECOUP SOME OF THAT MONEY AND
MAKES LITTLE FINANCIAL SENSE TO
PROHIBIT A DEPARTMENT FROM
RETURNING SURPLUS FIREARMS TO
MANUFACTURER WHOLESALER FOR
REFUND OR PURCHASE CREDIT IS FOR
THESE REASONS THAT WE SAY THAT
HERE THAT WE'RE POST A B 733 AND
RESPECTFULLY REQUESTED NO VOTE.
THANK YOU. THANK YOU. ANYBODY
ELSE IN OPPOSITION? UH GOOD
MORNING, MATTHEW CYBERLINK ON
BEHALF OF THE CALIFORNIA PEACE
OFFICERS ASSOCIATION AND
ASSOCIATION FOR LOS ANGELES
DEPUTY SHERIFFS. WE CONTACTED
THE AUTHORS OFFICE WITH THE SAME
CONCERNS JUST REGARDING ACTIVE
DUTY PEACE OFFICERS AND
HONORABLY RETIRED POLICE
OFFICERS AND THEIR ABILITY TO
PURCHASE THEIR OWN SERVICE
WEAPON. HOPEFULLY WE'LL CONTINUE
TO WORK WITH YOU AND YOUR STAFF,
SIR. THANK YOU. THANK YOU ANYONE
ELSE? ALRIGHT COMMITTEE. THAT'S
RIGHT. YEAH HAVING BEING ONE OF
THOSE PEOPLE WHO HAVE RETIRED
AND ACTUALLY PURCHASED MY
FIREARM. I DON'T CONSIDER MYSELF
THREAT TO THE PUBLIC IN ANY WAY,
SHAPE OR FORM. AND I HAVE TO
TELL YOU THAT WHEN YOU TRAIN
WITH THAT THAT INSTRUMENT THAT
PROVIDES YOU THE PROTECTION. FOR
YEARS AND YEARS AND YEARS. HI I
FIND IT IMPORTANT. FACT TO BE
ABLE TO PURCHASE THAT THAT VERY
INSTRUMENT. THAT AFFORDED ME THE
PROTECTION THAT I NEEDED
THROUGHOUT MY ENTIRE CAREER AND
TO LEGISLATE THAT AWAY. IS
MISGUIDED, AND SO UNTIL THERE'S
A CARVE OUT FOR THAT I WILL NOT
BE ABLE TO SUPPORT THIS. THIS
BUT THE COMMITTEE MEMBERS.
CLARIFYING, UH, MR FANG, YOU ARE
FOCUSED ON THIS SALE, RIGHT? CAN
YOU JUST REVIEW IN A RESPONSIVE
? IT'S A MR LUCKY'S POINT. THANK
YOU SO MUCH RESPONSE TO AN THANK
YOU, MR LUCKY FOR COMMENTS AND
QUESTIONS. THIS WOULD PRECLUDE
ANY LOCAL AND STATE AGENCIES PER
SELLING FIREARMS BACK TO THE
PUBLIC. AND IF I COULD JUST
CLARIFY ALSO, THE OPPOSITION
WITNESSES HAVE REACHED OUT TO
THE ASSEMBLYMEMBER'S OFFICE. BUT
BECAUSE OF THE SHORT TIMEFRAME,
WE HAVEN'T BEEN ABLE TO SIT DOWN
AND TALK, SO I'LL SAY HONESTLY,
ASSEMBLYMEMBER'S LACKEYS
DESCRIPTION OF THE REASONS WHY
IT'S IMPORTANT TO HAVE ACCESS TO
THE FIREARM FOR THE OFFICER WHO
IS TRAINED WITH IT. IT'S JUST
MORE OPPORTUNITY THAN WE'VE HAD
TO HEAR FROM THE OPPOSITION. NO
THROUGH NO FAULT OF THE
OPPOSITION'S JUST THAT WE
HAVEN'T HAD TIME PRIOR TO THIS
HEARING TO SIT DOWN AND DISCUSS
WHY THIS IS IMPORTANT TO THEM,
SO IT'S AN ONGOING CONVERSATION
, AND I DO THINK IT'S SOMETHING
MORE FRANK CORRECTLY IDENTIFIED
. THE GOAL OF THE BILL IS TO
PREVENT MORE FIREARMS BEING PUT
ON THE STREET IN THE BECAUSE WE
KNOW THAT THE MORE FIREARMS THAT
ARE OUT THERE THE GREATER THE
RISK OF FIREARM VIOLENCE. AND
LOOK FOR THE FUTURE
CONVERSATIONS WITH THE
OPPOSITION ON THIS AS WELL.
THANK YOU. THANK YOU, MR VEGA.
THANK YOU FOR THE FUTURE
CONVERSATIONS WITH MR LIKE IN
THE OPPOSITION. HEY, MISS TRYING
OUT THE CHAIRS BACK. I'M GONNA
SPEAKERS. A COMMITTEE MEMBER. UH
I ALSO HAD THE SAME CONCERNS AS
I TOO. FOLLOWING THIS CATEGORY
THAT YOU'RE SPEAKING OF AND HAVE
BEEN ABLE TO PURCHASE MY OLD
SERVICE WEAPON AFTER WE SWITCHED
TO A DIFFERENT CALIBER IN MAKE.
SO I'M SURE YOUR OFFICE WILL
WORK WITH THEM AS WELL. AND I
KNOW THIS CAME IN LATE AND I
THANK YOU GUYS FOR ACKNOWLEDGING
THAT THANK YOU. THANK YOU. DON'T
MOVE, BILL. HMM. I WILL SAY
THIS. I'M NOT SURE. BUT YOU MAY
CLOSE. THANK YOU SO MUCH MR
CHAIR AND COMMITTEE MEMBERS AND
THANK YOU FOR THE COMMENTS FROM
THE OPPOSITION AS WELL. LOOK FOR
THE FUTURE CONVERSATIONS,
OPPOSITION THIS AND REALLY, AS
WE LOOK AT HOW WE CAN PREVENT
ADDITIONAL INCIDENTS IN THE
FUTURE. WE REALLY WANT TO LOOK
AT HOW WE PREVENT LOCAL
GOVERNMENT AGENCIES AND CITY
JUST FROM GETTING MORE FARMS
BACK TO PUBLIC. I RESPECTFULLY
ASK FOR A KNIGHTHOOD. THANK YOU.
CALLED ROLE. ABC 7 33 BY SIMON
MEMBER MIKE FONG. THE MOTION IS
DUE PASS AS AMENDED TO THE
APPROPRIATIONS COMMITTEE. JOAN
SAWYER. JOHN SAWYER, I ELONIS
VOTING BONTA. I, BRIAN. BLACKIE
BLACKIE. NO ORTEGA ORTEGA Y
SANTIAGO. ZIPPER ZIPPER I THAT
MEASURES ON CALLED NEED ONE
MORE. THANK YOU SO MUCH. I THINK
YOU WANT MORE OUTSIDE, MR
SANTIAGO. JUST LET ME GO TALK.
THANK YOU SO MUCH. COULD YOU
MAKE THIS ANNOUNCEMENT?
DEFINITELY THE MOTION ROCK. OH,
I JUST WANTED TO MAKE A
TECHNICAL CLARIFICATION FOR A B
791. THE MOTION IS DUE PASS AS
AMENDED TO THE APPROPRIATIONS
COMMITTEE. THANK YOU, MR
GABRIEL. A B 36 ITEM NUMBER ONE
. MR BERMAN WAS BEFORE YOU, BUT
HE'S NOT HERE SO HE'S HAPPY TO
REFER HIS TIME TO MAKE. THANK
YOU, MR CHAIR AND MEMBERS AND
WE'LL START BY ACCEPTING THE
COMMITTEE AMENDMENTS. I AM
PLEASED TODAY TO PRESENT A B 36,
WHICH WILL ADDRESS THE TOO OFTEN
DEADLY INTERSECTION BETWEEN GUN
VIOLENCE AND DOMESTIC VIOLENCE,
AND THIS BILL WILL PROHIBIT THE
PURCHASE AND POSSESSION OF
FIREARMS BY INDIVIDUALS WHO ARE
SUBJECT TO DOMESTIC VIOLENCE.
PROTECTIVE ORDERS FOR THREE
YEARS AFTER THE EXPIRATION OF
THAT PROTECTIVE ORDER. AS WE
THINK ABOUT ALL THE DIFFERENT
WAYS THAT WE CAN CRACK DOWN ON
OUR STATE'S GUN VIOLENCE
EPIDEMIC. WE KNOW THAT THAT TOO
OFTEN, DOMESTIC VIOLENCE TURNS
INTO DOMESTIC HOMICIDE, AND IN
FACT WHEN AN ABUSIVE PARTNER HAS
ACCESS TO A GUN, A DOMESTIC
VIOLENCE VICTIM IS FIVE TIMES
MORE LIKELY TO BE KILLED.
STUDIES ALSO SHOW THAT TWO
THIRDS OF WOMEN KILLED BY AN
INTIMATE PARTNER ARE KILLED BY A
GUN. UNDER EXISTING CALIFORNIA
LAW, ACCESS TO FIREARMS BY
ABUSERS EXPIRES AS SOON AS THE
PROTECTIVE ORDER EXPIRES OR
LAPSES, AND EXPERTS HAVE WARNED
THAT AFTER MANY PROTECTIVE
ORDERS EXPIRES, SURVIVORS AT
THAT MOMENT ARE A SIGNIFICANTLY
ELEVATED RISK WHEN VIOLENT AND
ABUSIVE PARTNERS REGAIN
IMMEDIATE ACCESS TO FIREARMS, SO
THIS WILL BETTER PROTECT
SURVIVORS OF DOMESTIC VIOLENCE
AND OTHER FORMS OF ABUSE. AND
HELPED YOU ADDRESS THE EPIDEMIC
OF GUN VIOLENCE WE HAVE IN OUR
STATE. THIS IS A COMMON SENSE
MEASURE TO KEEP FIREARMS OUT OF
THE HANDS OF ABUSIVE PARTNERS
AND REDUCE THE INCIDENTS OF GUN
VIOLENCE AND DOMESTIC HOMICIDE
IN OUR STATE AND WITH ME TODAY
TO TESTIFY AND SUPPORT IS JULIA
WEBER ON BEHALF OF OUR SPONSOR,
GIFFORDS. SHE IS THE GIFFORDS
LAWCENTER IMPLEMENTATION
DIRECTOR AND AN EXPERT ON
DOMESTIC VIOLENCE POLICY, WHO
HAS SPENT HER CAREER WORKING TO
DEVELOP AND IMPLEMENT EVIDENCE
BASED STRATEGIES TO PRESENT AND
RESPOND TO VIOLENCE. THANK YOU
AND RESPECTFULLY REQUEST IN I
VOTE. GOOD MORNING, MY CHAIR AND
MEMBERS OF THE COMMITTEE.
PLEASED TO BE HERE TODAY,
ACTUALLY, IN MY, UH, WEARING THE
CONSULTANT HAT I WAS THE FORMER
IMPLEMENTATION DIRECTOR WITH
GIFFORDS AND NOW AS AN ATTORNEY
CONSULTANT, AND I'VE HAD THE
PRIVILEGE OF TALKING WITH YOU IN
PRIOR HEARINGS ON THIS IMPORTANT
ISSUE. WE ARE, OF COURSE,
STRONGLY IN SUPPORT, AND HIS
SPONSORS OF THIS BILL BELIEVES
STRONGLY IN THE NEED TO ADDRESS
THE INTERSECTION OF DOMESTIC
VIOLENCE AND FIREARMS. AH AS THE
ASSEMBLY MEMBER HAS ALREADY
MENTIONED, IT IS A PARTICULARLY
DEADLY COMBINATION. ONE ASPECT
OF THIS BILL THAT I'D LIKE TO
INITIALLY EMPHASIZED THAT WE ARE
VERY SUPPORTIVE OF IS THAT IT
ADDRESSES MULTIPLE CIVIL
RESTRAINING ORDER. SO IN
ADDITION TO THE DOMESTIC
VIOLENCE PREVENTION ACT,
RESTRAINING ORDER FRAMEWORK, IT
ALSO INCLUDES CIVIL HARASSMENT
ORDERS. WORKPLACE VIOLENCE,
PREVENTION ORDERS, SCHOOL
VIOLENCE, PREVENTION ORDERS AND
ELDER ABUSE. ORDERS. WHICH IS
CRITICAL BECAUSE ALL OF THOSE
TYPES OF VIOLENCE ARE OFTEN
CONNECTED TO DOMESTIC VIOLENCE
AS WELL. AND I KNOW FROM THE
MANY YEARS I'VE SPENT TRAINING
JUDICIAL OFFICERS, LAW
ENFORCEMENT COURT STAFF AND
ATTORNEYS THAT ONE OF THE ISSUES
WE HAVE IN CALIFORNIA IS WITH
THE INCONSISTENCY ACROSS OUR
VARIOUS FIREARMS POLICIES. SO IN
THIS CASE, THIS BILL WOULD SEEK
TO ADDRESS THAT INCONSISTENCY BY
PROVIDING SIMILAR APPROACH
ACROSS THE VARIOUS CIVIL
RESTRAINING ORDERS AND THE
ADDITIONAL PIECE OF INFORMATION
I THINK IS CRITICAL. HERE IS
WHAT IT WOULD DO TO PENAL CODE
SECTION 15 TO 4, WHICH IS TO
PROVIDE AN ADDITIONAL BASIS FOR
A SEARCH WARRANT ACROSS
VIOLATIONS OF THESE TYPES OF
CIVIL RESTRAINING ORDERS. MAKING
IT EASIER FOR COURTS AND LAW
ENFORCEMENT TO ADDRESS THOSE
VIOLATIONS WHEN AN APPLICATION
FOR A SEARCH WARRANT COMES
BEFORE THE CRIMINAL COURT OR THE
ON DUTY JUDGE, SO I WANT TO
AGAIN STRONGLY URGE YOUR SUPPORT
OF THIS IMPORTANT MEASURE. THANK
YOU. THANK YOU. AND IF YOU ONLY
BECAUSE WE HAVE SUCH A HARD TIME
BEING A QUORUM, JUST GIVE US A
MINUTE FROM GO THROUGH THE
PROPOSED CONSENT COUNTER WHILE
WE HAVE. I WAS ONLY FOUR. NO
WE'VE GOT 512345. UH, ON THE
PROPOSED CONSENT CALENDAR. WE
HAVE ITEM NUMBER TWO A B 5 TO 2
, CHOLERA, STATE DEPARTMENT
INVESTIGATIONS AND HEARINGS.
ADMINISTRATIVE SUBPOENAS. I
DON'T NUMBER SEVEN ABC 762
WEEKS. CALIFORNIA VIOLENCE
INTERVENTION AND PREVENTION
GRANT PROGRAM. I DON'T KNOW IF
THEY'RE NINE A B 818 PETRI
NORTH. PROTECTIVE ORDERS. I
DON'T NUMBER 10 11 25 HEART
VEHICLE CODE INFRACTIONS. I
DON'T NUMBER 12 A B 14 OH, TWO
MEGAN DOLLY MEDICAL EVIDENTIARY
EXAMINATIONS REIMBURSEMENT. I
DON'T KNOW 15 15 19 BAINES
VEHICLES CATALYTIC CONVERTERS 16
A B 15 59 JACKSON ELECTIONS. I
DON'T NUMBER 17. A B 16 47 SORIA
VETERANS TREATMENT COURT
PROGRAMS. ENTERTAINMENT MOTION.
ROLE. ON THE CONSENT CALENDAR.
JOHN SAWYER, JOHN DELANEY'S
ELONIS. I WANT TO CONTACT I
BRIAN LACKEY. ORTEGA. ORTEGA ICE
SANTIAGO ZIPPER SUPER I
CONSENTED TO STOP IT. THANK YOU
. WE HAVE SUCH A FRET PEOPLE
GOING IN AND OUT. WHILE I HAD
THEM. I WANT TO GET THEM, UH,
ANYONE ELSE IN SUPPORT? REBECCA
MARCUS, REPRESENTING THE BRADY
CAMPAIGN AND SUPPORT ANYONE ELSE
IN SUPPORT ANYONE ELSE IN
OPPOSITION? ANYONE ELSE OPPOSITE
SEEING DONE? QUESTIONS FROM
BRINGING BACK TO COMMITTEE
QUESTIONS FROM COMMITTEE
MEMBERS. COMMENTS. I WILL MOVE
THE BILL. YOU MAKE CLOTHES,
RESPECTFULLY REQUEST AND I VOTE
RECOMMENDING I COVERALL ON A B
36 BY ASSEMBLYMEMBER'S GABRIEL.
THE MOTION IS DUE PASS AS
AMENDED TO THE APPROPRIATIONS
COMMITTEE JOAN SAWYER, ELONIS
ELONIS. AYE, BANTA, I, BRIAN.
LACKEY. ORTEGA ORTEGA I SANTIAGO
ZIPPER. ZIPPER? AYE. I MET YOUR
PASSES. UM, I DON'T SEE. MR
BERMAN. I THINK I'M GOING TO CUT
IN FRONT OF YOU.
WE'RE NOT HERE. ITEM 11 A B 12
09 JOAN SAWYER. EVERYBODY WILL
GET MY BUSINESS RIGHT NOW. OKAY.
CAN'T WAIT HERE FOR SO LONG.
READ REAL SLOW PERIOD. PERFECT.
THANK YOU. GOOD MORNING. I WOULD
LIKE TO THANK MY STAFF FOR THEIR
DILIGENCE AND START BY ACCEPTING
MY COMMITTEE AMENDMENTS. I
PRESENT A B 12 OH, NINE, WHICH
ENSURES THAT PEOPLE WHO CANNOT
AFFORD PRIVATE ATTORNEYS CAN
MEANINGFULLY ACCESS THEIR RIGHTS
TO LEGAL COUNSEL PRIOR TO THE
INITIAL COURT APPEARANCE, AS
RECOMMENDED BY THE COMMITTEE ON
RELIGION OF THE PENAL CODE
ACROSS THE STATE, THOUSANDS ARE
APPEARING IN COURT WITHOUT
COUNSEL AND WITHOUT
UNDERSTANDING THE COMPLEXITIES
OF AN INTIMIDATING LEGAL PROCESS
. ONCE IN COURT, THEY FEEL
PRESSURED INTO WAIVING THEIR
RIGHT TO COUNSEL AND PLEAD
GUILTY TO CRIMES. THEY MAY NOT
HAVE EVEN COMMITTED ALL WITHOUT
EVER HAVING SPOKEN TO AN
ATTORNEY. AND WITHOUT BEING
ADVISED OF THE CONSEQUENCES OF
ENTERING SETS, PLEASE. THESE
CONSEQUENCES INCLUDE ALSO PUBLIC
HOUSING OR CUSTODY RIGHTS
ELIGIBILITY FOR PROFESSIONAL
LICENSES, REDUCED EMPLOYMENT AND
FOR NONCITIZENS LOST IMMIGRATION
STATUS OR PERMANENT FAMILY
SEPARATION AND COUNSEL PLEASE,
WHICH ARE ENTERED WITHOUT
RETURNING REPRESENTATION OR
WITHOUT THE RIGHT TO COUNSEL
BEING PROPERLY WAIVED. INCREASE
THE LIKELIHOOD OF ERRONEOUS
CONVICTIONS AND THE OVERALL UH
AND OVERALL UNDERMINE OUR
CRIMINAL JUSTICE SYSTEM AND
CALIFORNIA'S TRUST IN THE
PROCESS, PROVIDING LEGAL
ASSISTANCE EARLIER IN THE
CRIMINAL JUSTICE PROCESS NOT
ONLY IMPROVES OUTCOMES FOR
INDIVIDUALS BUT ALSO ENHANCES
PUBLIC SAFETY. FOR INSTANCE, I
STUDY OF NEARLY 100,000 CASES
SHOW THAT PEOPLE WHO WERE
PROVIDED LEGAL ASSISTANCE BEFORE
THEIR BAIL HEARING WAS 64% LESS
LIKELY TO HAVE A BAIL VIOLATION.
IN 26% LESS LIKELY TO BE
REARRESTED AS SUCH A B 12 09
UPHOLDS CALIFORNIA'S
CONSTITUTIONAL RIGHTS TO LEGAL
COUNSEL IN ALL CASES BEFORE THEY
ENTER A PLEA. I REMAIN COMMITTED
TO WORKING CLOSELY WITH PUBLIC
DEFENDERS TO ENSURE EFFECTIVE
IMPLEMENTATION OF THIS IMPORTANT
MEASURE, WHICH WILL UPHOLD
CALIFORNIA'S CONSTITUTIONAL
RIGHT TO LEGAL COUNSEL. WITH ME
IS YOU. THEY DON'T LOOK LIKE A
HUNG T DIE, OKAY? WE HAVE BRICK
HERE WHO RICK OWEN WITH THE
COMMITTEE ON THE REVISION OF THE
PENAL CODE TO SHARE THE
COMMITTEE'S WORK ON THIS ISSUE.
THANK YOU. YOU HAVE FIVE MINUTES
. THANK YOU. AND GOOD MORNING.
MY NAME IS RICO AND I'M A SENIOR
STAFF COUNSEL FOR THE COMMITTEE
OR VISION OF THE PENAL CODE. THE
PENAL CODE COMMITTEE IS A STATE
ENTITY CHARGE WITH MAKING
RECOMMENDATIONS TO THE
LEGISLATURE AND THE GOVERNOR
ABOUT CRIMINAL LAW. ITS GOALS
ARE TO IMPROVE PUBLIC SAFETY AND
EQUITY WHILE REDUCING
UNNECESSARY INCARCERATION. A B
12 09 IS BASED ON A PENAL CODE
COMMITTEE RECOMMENDATION THAT
LAWYERS SHOULD BE ASSIGNED
BEFORE SOMEONE'S COURT FIRST
COURT APPEARANCE. THE COMMITTEE
MADE ITS RECOMMENDATION AFTER
REVIEWING EXTENSIVE RESEARCH AND
DATA SHOWING THAT EFFECTIVE
LEGAL REPRESENTATION AT AN
ARRESTED PERSONS FIRST QUARTER
APPEARANCE REDUCES RECIDIVISM
AND SAVES MONEY. IN CALIFORNIA,
UNLIKE MANY OTHER STATES
RECENTLY ARRESTED PEOPLE WHO
CANNOT AFFORD TO HIRE THEIR OWN
ATTORNEY ARE NOT GUARANTEED
ACCESS TO A LAWYER UNTIL AFTER
THEIR FIRST QUARTER APPEARANCE,
DURING WHICH THE JUDGE MAKES
IMPORTANT AND LONG LASTING. UM
DECISIONS SUCH AS DETERMINING A
BAIL AMOUNT AND IN MANY CASES
ACCEPTING A PLEA DEAL REPEAT
SOME OF THE DATA THAT WAS
MENTIONED. WHICH IS THAT RECENT
RESEARCH USING DATA FROM OVER
100,000 CASES OF PHILADELPHIA
FOUND THAT PEOPLE WHO WERE
PROVIDED ASSISTANCE FROM THE
PUBLIC DEFENDER'S OFFICE BEFORE
THEIR BAIL HEARINGS, WHERE 64%
LESS LIKELY TO HAVE A BAIL
VIOLATION AND 26% LESS LIKELY TO
BE ARRESTED IN THE FUTURE. EARLY
REPRESENTATION WAS ALSO
ASSOCIATED WITH A DECREASE IN
THE LIKELIHOOD OF CONVICTION.
LESS HARSH SENTENCES AND A
SIGNIFICANT REDUCTION IN RACIAL
DISPARITIES IN PRE TRIAL RELEASE
RATES. THESE OUTCOMES NOT ONLY
BENEFITED THE INDIVIDUALS WHO
WERE ARRESTED BUT ALSO IMPROVE
PUBLIC SAFETY FOR THE ENTIRE
COMMUNITY. 24 OTHER STATES,
INCLUDING ILLINOIS, FLORIDA AND
NEW YORK, REQUIRE THAT THE STATE
PROVIDE COUNSEL AT A PERSON'S
FIRST QUARTER APPEARANCE. THE
PENAL CODE COMMITTEE ALSO HEARD
TESTIMONY FROM PRACTITIONERS AND
OTHER JURISDICTIONS WHO
DESCRIBED PROMPT APPOINTMENT OF
COUNSEL AS AN ESSENTIAL ELEMENT
OF THEIR SYSTEMS. CURRENT LAW IN
CALIFORNIA REQUIRES THAT PUBLIC
DEFENDER'S BE NOTIFIED OF ALL
JUVENILE BOOKINGS WITHIN TWO
HOURS OF ARREST. THE PENAL CODE
CONCLUDED THAT EXTENDING SIMILAR
REFORMS TO THE ADULT SYSTEM CAN
IMPROVE PUBLIC SAFETY AND
GENERATE COST SAVINGS WHILE
RECOGNIZING THAT PEOPLE SHOULD
BE TREATED EQUALLY, REGARDLESS
OF HOW MUCH MONEY THEY HAVE.
THANK YOU HAPPY TO ANSWER ANY
QUESTIONS? HMM. THANK YOU ANYONE
ELSE IN SUPPORT? NATASHA MINSTER
FOR SMART JUSTICE, CALIFORNIA
AND STRONG SUPPORT. MELISSA COSI
WITH CALIFORNIANS FOR SAFETY AND
JUSTICE AND SUPPORT. MARCO
GEORGE ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDER'S
OFFICE AND SUPPORT AND THE SAN
FRANCISCO PUBLIC DEFENDER AND
SUPPORT THANK YOU. KARMA NICOLE
COX ON BEHALF OF CALIFORNIA. A C
L U CALIFORNIA ACTION COSPONSOR
AND STRONG SUPPORT. EMILY HARRIS
WITH ELLA BAKER CENTER FOR HUMAN
RIGHTS AND SUPPORT. JOSHUA
DEBATE WITH THE CALIFORNIA
ATTORNEYS FOR CRIMINAL JUSTICE
IN SUPPORT. THANK YOU. ANYONE IN
OPPOSITION? VERY NONE COMMITTEE.
MOUSE. SURE I DO HAVE A COUPLE
OF QUESTIONS. I KNOW. I
REMEMBER. PROBABLY FIGURE
WITNESS. I KNOW IN MY COUNTY. I
DON'T KNOW. MAYBE WE'RE THE ONLY
ONES DOING IT. BUT I KNOW PRIOR
TO AN ARRAIGNMENT, WE ACTUALLY
HAVE THE PUBLIC DEFENDER'S
OFFICE COME OUT AND SPEAK WITH
DEFENDANTS BEFORE THEY EVEN
SPEAK WITH THE JUDGE. AND I
FORGET WHAT CASE THAT WAS CALLED
OR WITH THE HEARING IS CALLED OR
WHAT? WHY THEY DO IT. BUT
REMEMBER, THERE WAS A RECENT
CASE THAT ALLOWED THAT DO YOU
HAVE ANY COMMENTS ON THAT ONE?
I'M NOT AWARE OF A RECENT CASE
THAT ALLOWS THAT PUBLIC
DEFENDER'S THROUGHOUT THE STATE
DO THAT AND IN DIFFERENT
COUNTIES. THE PROBLEM IS THAT IN
MANY COUNTIES THEY DO NOT SOW.
SOME COUNTIES WILL HAVE THAT
PRACTICE WHERE PUBLIC DEFENDERS
GO OUT AND MEET WITH THE PERSON
BEFORE THE ARRAIGNMENT, WHICH IS
THE FIRST COURT DATE, UM, THAT'S
BEEN RECOGNIZED AS THE BEST
PRACTICE. BUT IN MANY PLACES
THEY DO NOT DO THAT, AND SOME OF
THE LARGER COUNTIES THEY'RE
DOING THAT PRACTICE, BUT IT'S
NOT CONSISTENT THROUGHOUT THE
STATE. AND THEN MY OTHER CONCERN
IS, UH WELL, THIS BURDEN SOME OF
THE PUBLIC DEFENDER'S OFFICE BY
MAYBE HAVING TO HAVE STAFF COME
IN DURING THE WEEKEND. I KNOW
AGAIN GOING BACK TO LIKE
STANISLAUS COUNTY ALREADY KNOW
THEY'RE IMPACTED WITH STAFFING
LEVELS, AND I JUST I FEAR THAT
THIS WOULD HURT THEM FOR
STAFFING. IS THERE WIGGLE ROOM
FOR THAT IS I MEAN, IS THERE
LIKE THEY HAVE TO HAVE SOMEBODY
THERE OR THEY HAVE TO TRY TO DO
IT. THERE'S NOTHING IN THE BILL
THAT REQUIRES THE PUBLIC
DEFENDER'S OFFICE TO ACTUALLY
COME OUT ON A WEEKEND AND
INTERVIEW PEOPLE. UM AND IN FACT
, THE NUMBER OF PUBLIC
DEFENDER'S OFFICES DON'T ASSIGN
ATTORNEYS NECESSARILY TO
REPRESENT PEOPLE IN THESE EARLY
PROCEEDINGS, NUMBER OF PLACES
WILL HAVE SOCIAL WORKERS OR
INTERNS DO THAT TYPE OF WORK.
THEY'RE DOING THIS TYPE OF WORK
ANYWAY, BECAUSE THEY HAVE TO
INTAKE THEIR CLIENTS THEY HAVE
TO MEET WITH THEM. THEY STRIVE
TO DO IT EARLY IN THE CASE, BUT
WE'RE JUST PUSHING THE CLOCK
FORWARD. UM I THINK THAT THIS IS
THAT THIS WOULD RESULT IN
SIGNIFICANT COST SAVINGS BECAUSE
OF THE DATA THAT WE MENTIONED,
SO I THINK THAT IT'S MORE OF A
SHIFTING OF RESOURCES THAN NEED
FOR TREMENDOUS WAR. OKAY THANK
YOU. HI I WOULD JUST RECOMMEND
REACH OUT THE STANDARD SIZE
PUBLIC DEFENDER'S OFFICE AND SEE
HOW THEY'RE DOING BECAUSE WHAT
YOU'RE EXPLAINING RIGHT NOW, BUT
WE ALREADY DO THAT. SO IT'S I
GUESS WE'RE A LITTLE BIT AHEAD
OF THE CURB. THANK YOU ANY OTHER
COMMENTS? CLOSE TO BELIEVE YOUR
YOUR YOUR COUNTY IS PROBABLY A
LITTLE BIT OF HEAD OF THE CURVE
AND USE THE WORD PROGRESSIVE IN
THAT MANNER. UM AND IF, FOR
EXAMPLE, THE PUBLIC DEFENDERS
AND OR THEIR ATTORNEYS
REPRESENTATIVES THAT THEY
USUALLY SEND IN, UM IF THEY NEED
TO INCREASE THE NUMBER THAT ARE
THERE, AND THEY NEED SOME KIND
OF BUDGET AUGMENTATION. I
PERSONALLY KNOW THE CHAIR OF SUB
FIVE. PUBLIC SAFETY BUDGET, AND
I'M PRETTY SURE WE CAN TALK
THROUGH THOSE ISSUES. THANK YOU.
REQUESTS AND I. GO AHEAD. ON A B
12 09 BY SEVEN MEMBER JOHN
SAWYER. THE MOTION IS DUE PASS
AS AMENDED TO THE APPROPRIATIONS
COMMITTEE. JOHN SAWYER GENSER
AYE, ELONIS. AYE, BONTA. BUNTER
I, BRIAN. BLACKIE BLACKIE, NOT
VOTING. ORTEGA. ORTEGA IES
SANTIAGO ZIPPER. SUPER I PASSES.
THAT BILL PASSES. IT'S ALL
SURPRISED.
WELCOME BACK. MR BERMAN AND YOU
WITNESS YOU MAY BEGIN. THANK
YOU, MR CHAIR AND COLLEAGUES.
FIRST I WOULD LIKE TO THANK THE
COMMITTEE STAFF FOR THEIR WORK
ON THIS BILL, AND I'M HAPPY TO
ACCEPT THE COMMITTEE'S SUGGESTED
AMENDMENTS. MAYBE 14 20 WOULD
ENSURE THAT THE DEPARTMENT OF
JUSTICE HAS THE AUTHORITY. TO
INSPECT AND WRITE CITATIONS FOR
ANY VIOLATIONS RELATED TO THE
SALE, TRANSFER AND STORAGE OF
FIREARMS. CALIFORNIA HAS ONE OF
THE STRONGEST FIREARM LAWS IN
THE COUNTRY. AND THESE LAWS SAVE
LIVES. HAVING THESE LAWS IS
IMPORTANT, BUT IT'S EQUALLY
IMPORTANT TO ENSURE THE LAWS ARE
BEING ADEQUATELY ENFORCED.
CURRENTLY THE BUREAU OF FIREARMS
UNDER THE DEPARTMENT OF JUSTICE,
LAX INSPECTION AUTHORITY ON MANY
OF CALIFORNIA'S STRONG FIREARM
LAWS, THERE ARE ONLY A HANDFUL
OF STATUTES THAT ALLOW THE
BUREAU OF FIREARMS TO INSPECT.
AND EVEN FEWER STATUTES THAT
ALLOW FOR ANY SORT OF CIVIL
FINDS TO BE ISSUED. MAYBE 14 20
WILL BROADEN THE DEPARTMENT OF
JUSTICE'S INSPECTION AUTHORITY
TO ENSURE THESE LAWS ARE BEING
ENFORCED IN ANY VIOLATIONS ARE
REMEDIED. AND HERE WITH ME IS
CANDICE CHUNG WITH THE
CALIFORNIA DEPARTMENT OF JUSTICE
. UM RESPECT TO ASK FOR AND I
VOTE. THANK YOU. SOUNDED GOOD.
DON'T TALK FASTER. YES THANK
YOU, MR CHAIR AND COMMITTEE
MEMBERS AND THANK YOU, SIMON
WITH THE DEPARTMENT OF JUSTICE.
UM, ON BEHALF OF ATTORNEY
GENERAL ROB BONTA, WHO'S PLEASED
TO SUPPORT THIS BILL WOULD LIKE
TO THANK YOU REMEMBER BERMAN FOR
HIS LEADERSHIP ON THIS ISSUE,
AND FOR AUTHOR IT FOR AUTHORING
THIS BILL. AS MENTIONED,
CALIFORNIA DOES HAVE SOME OF THE
STRONGEST GUN SAFETY LAWS,
HOWEVER, LIKE UNFORTUNATELY,
LAWS AUTHORIZING DOJ TO INSPECT
FOR COMPLIANCE WITH THESE LAST
JUST SIMPLY HAS NOT KEPT UP WITH
THE EVOLUTION OF ALL THESE LABS.
FOR EXAMPLE, THE CURRENT LIST OF
VIOLATIONS THAT DOJ INSPECTORS
CAN SET FOR DOES NOT INCLUDE
IMPORTANT SAFETY MEASURES THAT
HAD BEEN PASSED IN THE LAST 13
YEARS, INCLUDING WHETHER DEALER
HAS SOLD OR TRANSFERRED TO SALT
WEAPONS, WHETHER THAT DEALER
HOLDS A DANGEROUS WEAPONS FOR
VALID DANGEROUS WEAPONS PERMIT,
OR IS KEEPING RECORDS OF OFF
ROSTER WEAPONS SALES. 80 14 20
WILL GIVE THE DONGO DOJ
AUTHORITY CHECK FOR FIREARMS FOR
COMPLIANCE WITH THESE NEW LAWS.
MORE IMPORTANTLY, 14 20 EXPANDS
THE AUTHORITY TO ASSESS
PROGRESSIVE PENALTIES, INCLUDING
CIVIL FINES WHEN DEALERS FAILED
TO CORRECT VIOLATIONS. SO THIS
WILL INCENTIVIZE COMPLIANCE AND
ENSURE THAT LIKE THE CITATIONS
WE DO RIGHT TO START A SIMPLE
LIKE PAPER TIGER. UM AGAIN. THIS
IS A CRITICAL BILL AND
MAINTAINING THE HIGH STANDARDS.
UH THAT GUN SAFETY THAT
CALIFORNIA HAS CONTINUED TO
MAINTAIN, UM AND THIS WILL
ENSURE THAT FIREARM SALES AND
TRANSFERS ARE BEING CONDUCTED
AND SAFE AND LAWFUL MANNER.
THANK YOU. AND I'M HAPPY TO
ANSWER ANY QUESTIONS YOU MIGHT
HAVE. THANK YOU ANY OTHERS IN
SUPPORT? ETHAN NAGLER ON BEHALF
OF THE CITY OF MOUNTAIN VIEW AND
SUPPORT CITY OF MOUNTAIN DUDE,
BRIAN RIX AT THE LOS ANGELES
UNIFIED SCHOOL DISTRICT AND
SUPPORT THANK YOU. WELL THAT'S
GONNA MOUNTAIN DEW. YOU GOT IT?
YEAH ANY WITNESSES AND
OPPOSITION THERE PEPSI OUT THERE
. CITY OF PEPSI? UH YEAH. YOU
KNOW, UH, YOU WILL BRING IT BACK
TO COMMITTEE MEMBERS FOR ANY
COMMENTS OR QUESTIONS. THANK YOU
TO THE AUTHOR FOR BRINGING
FORWARD THIS VERY THOUGHTFUL
BILL. HAVE I ALREADY MOVED THE
BILL. WE HAVE NOT. OH, SORRY.
NOTHING, OKAY. YOU MAY CLOSE,
RESPECTFULLY ASK FOR OUR VOTE
RECOMMENDING HIGHLIGHTS. COLBERT
BROUGHT A B 14 20 BY SEVEN
MEMBER BERMAN. THE MOTION IS DUE
PASS AS AMENDED TO THE
APPROPRIATIONS COMMITTEE. JOHN
SAWYER CHEN SIR I ELONIS ELONIS
BANTA BONTA I BRIAN LACKEY.
LACKEY. I ORTEGA ORTEGA I
SANTIAGO. ZIPPER ZIPPER? AYE,
THAT MEASURE PASSES. THANK YOU
VERY MUCH. THANK YOU. SO WE'VE
WE'VE PROBABLY DONE OUR RECORD.
WE'VE DONE NINE BILLS AND LESS
THAN TWO HOURS. COMING TO ASK
ME. OKAY. NEXT, WE WILL DO.
NEXT, WE WILL DO ANY ADD ONS,
LIFTING OF CALLS AND VOTE
CHANGES AND FORMAL VOTES OF
MEASURES. MADAM SECRETARY.
POLICE GO THROUGH ALL THE
MEASURES TAKEN UP TODAY. AND THE
CONSENT CALENDAR. BRIAN LACKEY.
WHAT'S THIS FOR THE CONSENT
CALENDAR SER. CALENDAR LACKEY I
SANTIAGO. ITEM ONE A B 36 BY
ASSEMBLYMEMBER'S GABRIEL. BRIAN
LACKEY. NÓ LACKEY. NO SANTIAGO.
ITEM NUMBER THREE. MAYBE 5 22
WAS ON CONSENT. I'M SORRY. THAT
WAS ITEM NUMBER TWO. ITEM NUMBER
THREE, MAYBE 6 95 BY SEVEN
MEMBER PACHECO. THIS BILL WAS
TESTIMONY ONLY DO WE HAVE
EMOTION? MOVED BY MR ORTEGA AND
SECONDED BY MR ZUBER. THE MOTION
IS DUE PASS AS AMENDED TO THE
APPROPRIATIONS COMMITTEE. JOHN
SAWYER. JOHN SAWYER I ELONIS IS
NOT VOTING BONTA BUTTER I,
BRIAN. BLACKIE BLACKIE? NO
ORTEGA ORTEGA I SANTIAGO ZIPPER.
ZIPPER THAT MEASURES ON CALL. IT
NEEDS ONE. ITEM NUMBER FOUR, A.
B 702 WAS PULLED BY THE AUTHOR.
ITEM NUMBER FIVE. MAYBE 7 30 TO
BUY SOME REMEMBER MIKE FONG.
JOHN SAWYER, JOHN SAWYER. I
ORTEGA ORTEGA I SANTIAGO. I
DON'T UNDERSTAND. SIX, MAYBE 7
33 BY ASSEMBLYMEMBER'S MIKE
FONG. THIS MEASURE WAS ON CALL
BRIAN. SANTIAGO STILL WAITING
FOR MEMBERS. ITEM NUMBER 7 87 62
BY SOME MEMBER WICKS WAS ON
CONSENT. 87 91 BY A SEVEN MEMBER
RAMOS. WE'RE WAITING FOR ABSENT
MEMBERS. ITEM NUMBER NINE A. B 8
18 WAS ON CONSENT. ITEM NUMBER
10. MAYBE 11 25 WAS ON CONSENT.
ITEM NUMBER 11. MAYBE 12 09
WAITING FOR ABSENT MEMBERS. ITEM
NUMBER 12. MAYBE 14 02 WAS ON
CONSENT. ITEM 14. EXCUSE ME. I
DON'T 13 14 20. WE'RE WAITING
FOR ABSENT MEMBERS. ITEM NUMBER
14 A B 14 97 BY CMA MEMBER HANEY
BANTER. AYE. BUT I SANTIAGO. THE
BERBER ZIPPER I THAT MEASURE NOW
PASSES. ITEM NUMBER 15. MAYBE 15
19 WAS ON CONSENT. ITEM NUMBER
16. MAYBE 15 59 WAS ON CONSENT.
ITEM NUMBER 17. MAYBE 16 47 WAS
ON CONSENT. ITEM NUMBER 18 A. C
A. BY SEMI MEMBER WILSON MOVED
BY MR ALLEN IS THERE A SECOND?
SECONDED BY MR ORTEGA. THE
MOTION IS DUE PASSED TO THE
APPROPRIATIONS COMMITTEE. JOAN
SAWYER, JOHN SAWYER. AYALON EASE
ELONIS. I BRIAN LACKEY, BLACKIE,
NOT VOTING. ORTEGA. ORTEGA I
SANTIAGO. ZIPPER ZIPPER I THAT
MEASURE PASSES OR STILL WAITING
ON. TWO APPS AND MEMBERS, BRYANT
AND SANTIAGO WILL KEEP THE ROLL
OPEN. FOR ANOTHER. 5 TO 10
MINUTES. WE HAVEN'T BUILT
DOWNSTAIRS.
CALL THE CAPTAIN MEMBERS. AND
THAT CONSENT CALENDAR. SANTIAGO
SANTIAGO AYE. ITEM NUMBER ONE A.
B 36 SANTIAGO SANTIAGO. AYE.
ITEM NUMBER 2 85 22 WAS ON
CONSENT. ITEM NUMBER THREE. 86
95. SANTIAGO SANTIAGO. AYE. 6
95. YES. OKAY? OF COURSE ON BABY
6 95 VOTE CHANGE. BLACKIE.
CHANGE FROM NO TO DEVOTE CHANGE.
NO TÔI. THANK YOU. OH, I'M
SORRY. YOU NEED TO SAY IT, TOO.
I DIDN'T REALIZE IT WAS HE SPOKE
CHANGE, NOT VOTING TÔI. THANK
YOU BOTH. ITEM NUMBER FOUR WAS
PULLED BY THE AUTHOR. ITEM
NUMBER FIVE. ABC 7 32. SANTIAGO
SANTIAGO I ITEM NUMBER SIX A. B
7 33 SANTIAGO. SANTIAGO I THAT
MEASURE NOW PASSES ITEM NUMBER 7
87 62 WAS SET ON CONSENT ITEM
NUMBER EIGHT. 87 91 SANTIAGO
SANTIAGO I ITEM NUMBER 9 18 WAS
ON CONSENT ITEM 10 11. MAYBE 11
25 WAS ON CONSENT. ITEM 11.
MAYBE 12 09. SANTIAGO SANTIAGO.
AYE. ITEM NUMBER 12. MAYBE 14 02
WAS ON CONSENT ITEM 13. MAYBE 14
20 SANTIAGO SANTIAGO. I ITEM 14
MAYBE 14 97. SANTIAGO SANTIAGO.
AYE. ITEM 15. MAYBE 15 19 WAS ON
CONSENT ITEMS 16. MAYBE 15 59
WAS ON CONSENT ITEMS. 17 A B 16
47 WAS ON CONSENT. ITEM 18 A C A
EIGHT. SANTIAGO SANTIAGO AYE.
GOOD WAITING WAITING FOR MR
BRYANT THE LAST ONE ER THAN
SOMEWHERE TO YEAH, WELL, WE WERE
ABLE TO DO NINE BILLS AND TWO
HOURS LESS THAN TWO HOURS, SO
IT'S PRETTY GOOD CONSENT. WE
DIDN'T WE CAN WHEN WE CAN. YEAH.
I DIDN'T EXPECT THAT. OKAY?
GO AHEAD AND CALL THE ABSENT
MEMBERS. WE ALMOST BROKE OUR
RECORD. WE DID. WE DID NINE
BILLS IN LESS THAN TWO HOURS.
ITS RECORD. ARE YOU READY, SIR?
ON THE CONSENT CALENDAR. BRIAN
BRIAN, I. ON ITEM NUMBER ONE,
MAYBE 36 BRIAN. UM THIS MEASURES
BY A FAMILY MEMBER, GABRIEL WHAT
IT IS AYE. BRIAN, I. ITEM NUMBER
2 85 22 IS NON CONSENT. ITEM
NUMBER THREE. MAYBE 6 95. BRIAN
. NOT VOTING, NOT VOTING. ITEM
NUMBER FOUR A. B 702 WAS PULLED
BY THE AUTHOR. ITEM NUMBER FIVE.
MAYBE 7 32 HAS BEEN DISPENSED
WITH ITEM NUMBER SIX. MAYBE 7 33
BRIAN. 7 33? YES, BUT REMEMBER
MIKE FONG. BRIAN, I. ITEM NUMBER
7 87 62 WAS ON CONSENT ITEM
NUMBER EIGHT A B 7 91 HAS BEEN
DISPENSED WITH ITEM NUMBER 98 18
WAS ON CONSENT. ITEM NUMBER 10
MAYBE 11 25 ON CONSENT ITEM
NUMBER 11. MAYBE 12 09 BRIAN
ABOUT THIS ONE. I, BRIAN AYE.
ITEM NUMBER 12 80 14 02 WAS ON
CONSENT ITEM NUMBER 13 MAYBE 14
20 BY ASSEMBLYMEMBER'S BERMAN.
BRIAN BRIAN AYE. ITEM NUMBER 14
14 97 HAS BEEN DISPENSED WITH
ITEM NUMBER 15 15 19 WAS ON
CONSENT ITEM NUMBER 16. MAYBE 15
59 WAS ON CONSENT ITEM 17 A B 16
47 WAS ON CONSENT AND ITEM 18 A
EIGHT BRIAN, I RYAN. I. THIS
CONCLUDES THE MEETING OF THE
PUBLIC SAFETY COMMITTEE.