GOOD MORNING. WE WILL START THIS
COMMITTEE HEARING TODAY.
ASSEMBLY PUBLIC SAFETY
COMMITTEE. DON'T HAVE A QUORUM,
BUT WE'LL START AS A
SUBCOMMITTEE. THERE IS ONE BILL
THAT WAS PULLED FROM THE
CALENDAR TODAY. A B, I'M SORRY,
SB 1502 BY SENATOR ASHBY. THAT
WAS PULLED BY THE COMMITTEE,
LET'S PROCEED WITH THE BILLS. WE
HAVE MR. NEWMAN FIRST, AND THEN
MR. PORTANTINO, SB 1416. SB
1416. YOU MAY BEGIN. ITEM NUMBER
SIX. CHAIR. OKAY, HOPEFULLY YOU
CAN HEAR ME OVER THE DRILLING,
MORNING, MORNING, MR. CHAIR AND
MEMBERS, THANK YOU FOR THE
OPPORTUNITY TO PRESENT SB 1416,
WHICH CREATES A SET OF
ESCALATING ENHANCEMENT FOR
MIDDLEMEN FOUND GUILTY OF
PROFITING FROM THE SALE.
EXCHANGE RETURN, OR ATTEMPTED
RESALE OF ITEMS OBTAINED THROUGH
ORGANIZED RETAIL THEFT, BEFORE I
BEGIN, I'D LIKE TO NOTE THAT THE
MOST RECENT AMENDMENTS WOULD ADD
A SUNSET DATE OF JANUARY 1ST,
2030, ALLOWING THE LEGISLATURE
TO CONSIDER THE EFFECTS OF
INFLATION ON THIS LEGISLATION TO
ENSURE THAT THE PENALTIES REMAIN
RELEVANT. THE AMENDMENTS ALSO
ADD AN URGENCY CLAUSE TO THE
BILL IN LINE WITH THE BROADER
EFFORT AROUND THE SENATE'S
WORKING TOGETHER FOR A SAFER
CALIFORNIA PACKAGE, OF WHICH
THIS IS A PART TO ADDRESS THE
IMMEDIATE THREAT THAT ORGANIZED
RETAIL THEFT POSES TO OUR
COMMUNITIES. AS YOU'RE AWARE,
INCREASINGLY SOPHISTICATED,
ORGANIZED RETAIL THEFT
OPERATIONS OFTEN INVOLVE
MULTIPLE PEOPLE COLLABORATING IN
A COORDINATED EFFORT TO STEAL
MERCHANDISE FROM MULTIPLE
STORES, THEREBY MAXIMIZING THE
AMOUNT OF STOLEN GOODS
AGGREGATED FOR EVENTUAL RESALE.
THESE OPERATIONS COMMONLY
METHODICALLY TARGET MERCHANDISE
WITH HIGH RESALE VALUE AND
STRONG CONSUMER DEMAND. SUCH
ITEMS OFTEN INCLUDE ELECTRONICS,
DESIGNER CLOTHING,
PHARMACEUTICALS, BABY FORMULA,
DIAPERS, RAZOR BLADES, POWER
TOOLS, AND EVEN MAKEUP PRODUCTS.
ORGANIZED RETAIL THEFT IS
DEFINED UNDER CALIFORNIA PENAL
CODE SECTION 490.4, INCLUDES ANY
PERSON WHO ACTS IN CONCERT WITH
ONE OR MORE OTHER PERSONS TO
STEAL MERCHANDISE FROM ONE OR
MORE MERCHANTS, PREMISES OR
ONLINE MARKETPLACES WITH THE
INTENT TO SELL, EXCHANGE OR
RETURN IT FOR VALUE. A
DISCONCERTING BYPRODUCT OF THE
EVOLUTION OF SOCIAL MEDIA AND
THE RISE OF ONLINE MARKETPLACES
IS THE EASE WITH WHICH
INDIVIDUALS OR SYNDICATES CAN
SEAMLESSLY COORDINATE THE
ACTIVITIES OF OTHERS TO STEAL,
AGGREGATE AND THEN RESELL STOLEN
GOODS. THE SCALE HAS BEGUN TO
COMPETE WITH THE LEGITIMATE
BUSINESSES FROM WHICH THESE
GOODS ARE ORIGINALLY STOLEN. AS
A PRIME EXAMPLE OF THIS
PHENOMENON, LAST THURSDAY, A 71
YEAR OLD MAN AND HIS 39 YEAR OLD
ACCOMPLICE WERE ARRESTED AND
CHARGED IN LONG BEACH WITH
STEALING MORE THAN 2800 BOXES OF
LEGOS IN SETS WHOSE VALUES
RANGED FROM $20 TO WELL OVER
$1,000, AND INVESTIGATION
REVEALED THAT AT LEAST SOME OF
THE MERCHANDISE HAD BEEN STOLEN
FROM TARGET STORES IN THE
SOUTHERN CALIFORNIA AREA, AND
THAT THE STOLEN LEGO SETS WERE
BEING SOLD TO BUYERS BOTH
LOCALLY AND ACROSS THE COUNTRY
THROUGH ONLINE LISTINGS, THAT'S
RIGHT, A SOPHISTICATED FENCING
RING FOR STOLEN LEGOS, OF ALL
THINGS, AND THIS ISN'T EVEN THE
FIRST INSTANCE RECENTLY OF LEGO
CENTRIC ORGANIZED RETAIL THEFT,
BECAUSE THE MARKET FOR
COLLECTION WORTHY SETS OF LEGOS
HAS BEEN SO STRONG, LEGOS HAVE
BEEN THE FOCUS OF OTHER
ORGANIZED RETAIL THEFT RINGS IN
OTHER PARTS OF CALIFORNIA. THIS
PAST APRIL, FOR SOUTHERN
CALIFORNIA, RESIDENTS WERE
ARRESTED AND CHARGED WITH
STEALING OVER $300,000 WORTH OF
LEGO SETS FROM LOCAL RETAIL
STORES. ALSO, WITH AN EYE ON THE
ONLINE MARKET FOR THEIR RESALE
UNDER THE PROVISIONS OF AB 1065
AND LATER EXTENDED THROUGH
SUBSEQUENT RECENT LEGISLATION,
THE CALIFORNIA HIGHWAY PATROL.
IN ADDITION, IN CONSULTATION
WITH THE DOJ, HAS DEVELOPED TASK
FORCES TO WORK WITH ALLIED
AGENCIES AND AFFECTED
DISTRIBUTOR SHIPPERS AND
RETAILERS TO COMBAT ORGANIZED
RETAIL THEFT ACROSS THE STATE.
THE ENHANCEMENTS CREATED BY THIS
BILL WILL ADD ANOTHER SET OF
TOOLS IN SUPPORT OF THAT
IMPORTANT WORK, UNDER ITS
PROVISIONS OF PERSON FOUND
GUILTY OF OPERATING A FENCING
OPERATION TO DISPOSE OF GOODS
SECURED THROUGH ORGANIZED RETAIL
THEFT WILL BE SENTENCED TO AN
ADDITIONAL TERM OF ONE YEAR IN
PRISON IF THE PROPERTY VALUE
EXCEEDS $50,000, TWO ADDITIONAL
YEARS IF THE VALUE OF THE STOLEN
PROPERTY EXCEEDS $200,000, THREE
YEARS IF THE VALUE EXCEEDS $1
MILLION IN FOUR ADDITIONAL YEARS
IF THE VALUE EXCEEDS $3 MILLION.
AS I NOTED IN MY OPENING, THIS
BILL IS A COMPONENT OF THE
SENATE'S WORKING TOGETHER FOR
SAFER CALIFORNIA PACKAGE BY
ENHANCING THE CRIMINAL PENALTIES
ASSOCIATED WITH ORGANIZED RETAIL
THEFT. SB 1416 WILL BETTER
SAFEGUARD CALIFORNIA'S
BUSINESSES BY DETERRING THOSE
HOPING TO PROFIT FROM IT. WITH
ME TO TESTIFY TODAY IS RYAN
ELAINE FROM THE CALIFORNIA
RETAILERS ASSOCIATION. I AM
RESPECTFULLY ASKING FOR YOUR
VOTE THIS MORNING. THANK YOU.
BUT BEFORE YOU PROCEED, DO WE
HAVE A QUORUM? YES PLEASE CALL
THE ROLL. MCCARTHY HERE. ALANIZ
HERE. LACKEY HERE. NGUYEN REYES.
TING WILSON. CYBER YES. AND
THEN, BEFORE YOUR WITNESS GOES,
I JUST WANTED TO CLARIFY. YOU
MADE YOUR OPENING STATEMENT, BUT
I JUST WANT TO NOTE THAT FOR
THIS BILL AND THE OTHER THREE
BILLS THERE ARE NOT BEING
AMENDED TODAY IN PUBLIC SAFETY
COMMITTEE. THEY'RE BEING HEARD
AS IS WITHOUT THE URGENCY CLAUSE
AND WITHOUT THE INOPERABLE
CLAUSE. THAT IS CORRECT. SO
THOSE WILL BE CONSIDERED
POTENTIALLY A LATER DAY. NOT
TODAY. CORRECT. AND WITH THAT,
I'LL MOVE THE BILL. PLEASE
BEGIN. WITNESS THANK YOU. CHAIR
MCCARTHY, SENATOR NEWMAN AND
MEMBERS OF THE COMMITTEE. MY
NAME IS RYAN ELAINE, AND I'M THE
DIRECTOR OF GOVERNMENT AFFAIRS
FOR THE CALIFORNIA RETAILERS
ASSOCIATION. WE ARE PLEASED TO
SUPPORT SB 1416, WHICH, AS THE
AUTHOR JUST EXPLAINED, WOULD
CREATE SENTENCING ENHANCEMENTS,
ENHANCEMENTS FOR ATTEMPTING TO
SELL, EXCHANGE OR RETURN FOR
VALUE ANY PROPERTY ACQUIRED
THROUGH RETAIL THEFT, ORGANIZED
RETAIL THEFT HAS PLAGUED THE
RETAIL INDUSTRY AND OUR
COMMUNITIES IN RECENT YEARS. IT
HAS FORCED RETAILERS TO SPEND
MILLIONS ANNUALLY ON SECURITY
MEASURES SUCH AS GUARDS, CAMERAS
AND STORE REDESIGNS. RETAIL
EMPLOYEES AND CUSTOMERS ARE
INCREASINGLY FEELING UNSAFE, AND
THE SIMPLE ACT OF SHOPPING HAS
BECOME BURDENSOME FOR MANY. SB
1416 PROMOTES PUBLIC SAFETY.
SHOPLIFTING AND THEFT ARE NOT
VICTIMLESS CRIMES. THEY
JEOPARDIZE THE SAFETY OF RETAIL
WORKERS AND CREATE AN ATMOSPHERE
OF FEAR AND MISTRUST, AND
CONTRIBUTE TO THE PROLIFERATION
OF ORGANIZED CRIME BY CRACKING
DOWN ON THE SALE OF STOLEN
PROPERTY. WE HELP SAFEGUARD OUR
COMMUNITIES. UNFORTUNATELY,
SHOPLIFTING PAYS. IT'S A LOW
RISK, HIGH REWARD SCHEME. THE
UNLAWFUL ACQUISITION AND RESALE
OF STOLEN GOODS PERPETUATES A
CYCLE OF PROFITABLE CRIMINAL
ACTIVITY THAT UNDERMINES THE
INTEGRITY OF RETAIL ENVIRONMENT
AND ERODES CONSUMER TRUST. THE
TO COMBAT THIS REALITY, WE NEED
TO ENHANCE PENALTIES FOR
PROLIFIC OFFENDERS PROFITEERING
OFF OF STOLEN GOODS BY IMPOSING
STRICTER PENALTIES FOR THOSE
ATTEMPTING TO PROFIT FROM STOLEN
MERCHANDISE. SB 1416 SERVES AS A
DETERRENT AGAINST RETAIL CRIME.
IT SENDS A CLEAR MESSAGE THAT
SUCH ILLICIT ACTIVITIES WILL NOT
BE TOLERATED, THEREBY HELPING
PROTECT BUSINESSES. CONSUMERS
AND COMMUNITIES FROM ADVERSE
EFFECTS OF CRIMINAL BEHAVIOR. SB
1416 PAIRED WITH THE PACKAGE OF
MEASURES INTRODUCED IN THE STATE
LEGISLATURE, WILL HELP KEEP OUR
EMPLOYEES, OUR CUSTOMERS AND THE
NEIGHBORHOODS RETAILERS OPERATE
IN SAFE FROM THIS CRIMINAL
ACTIVITY. THANK YOU. THANK YOU.
OTHERS IN SUPPORT.
GOOD MORNING. CHAIR MEMBERS DANE
HUTCHINGS, REPRESENTING THE CITY
OF MERCED IN SUPPORT. MR. CHAIR
MEMBERS ANDREW ANTHONY WITH CHAU
YODER, ANTHONY SCHMELZER AND
LANG HERE ON BEHALF OF THE CITY
OF BEVERLY HILLS IN SUPPORT. MR.
CHAIRMAN MEMBERS DAVID JONES,
BEHALF THE CITY OF STOCKTON IN
SUPPORT. GOOD MORNING, MR. CHAIR
AND COMMITTEE MEMBERS. ZACH SETH
WITH THE LEAGUE OF CALIFORNIA
CITIES AND SUPPORT. THANK YOU.
THANK YOU. OPPOSITION. ALL
RIGHT. GOOD MORNING, CHAIR AND
MEMBERS, ALICIA BENAVIDEZ HERE
ON BEHALF OF ACLU CALIFORNIA
ACTION IN OPPOSITION TO 1416.
I'LL KEEP MY POINTS BRIEF AND
HOPEFULLY LOUD ENOUGH FOR YOU TO
HEAR, SENTENCE ENHANCEMENTS HAVE
BEEN STUDIED EXTENSIVELY ACROSS
THE COUNTRY AND HAVE GENERATED
NO CONCLUSIVE EVIDENCE THAT THEY
DETER OR PREVENT CRIME. INSTEAD,
STUDIES HAVE FOUND THAT THE
UNCERTAINTY OF PUNISHMENT, THE
FACT THAT SOMEONE WILL BE
PUNISHED FOR A PARTICULAR CRIME,
HAS A GREATER DETERRENT EFFECT
THAN THE SEVERITY OF THE
PUNISHMENT ITSELF. WE BELIEVE
THAT EXISTING PENALTIES ARE
SUFFICIENT TO PUNISH THE
BEHAVIOR CONTEMPLATED BY THE
SPILL. INCARCERATING OFFENDERS
WITH THE ADDITIONAL ENHANCEMENT
HAS NO MEASURABLE BENEFIT, AND
INSTEAD RUNS COUNTER TO THE
REFORMS MADE UNDER PROP 47 AND
THE STATE'S CONCERTED EFFORT, AS
WELL AS THIS COMMITTEE'S TO
REDUCE THE PRISON POPULATION.
AND FOR THESE REASONS, WE
RESPECTFULLY OPPOSE THIS
MEASURE. THANK YOU. OTHERS IN
OPPOSITION, PLEASE COME FORWARD.
TOM TRAN, ELLA BAKER, CENTER FOR
HUMAN RIGHTS IN OPPOSITION.
THANK YOU. QUESTIONS OR COMMENTS
FROM COMMITTEE MEMBERS. SEEING
NONE. WE HAVE A MOTION A SECOND.
YOU MAY CLOSE. ALL RIGHT. THANK
YOU, COMMITTEE MEMBERS, THIS IS
A NARROW BILL, AND THESE
SENTENCING ENHANCEMENTS ARE
DELIBERATELY TARGETING A NEW
CATEGORY OF CRIME OF A RECENT
PHENOMENON. WE BELIEVE THEY ARE
NECESSARY. THEY WILL HAVE AN
IMPACT. I RESPECTFULLY ASK FOR
AN AYE VOTE. OKAY. THANK YOU. WE
HAVE A MOTION TO PLEASE CALL THE
ROLL ON SB 1416 BY SENATOR
NEWMAN. THE MOTION IS DUE. PASS
TO THE APPROPRIATIONS COMMITTEE.
MCCARTY A MCCARTY I ALANIS
LACKEY A LACKEY. AYE. NGUYEN.
NGUYEN. AYE. REYES REYES. AYE.
TÍNH. WILK SEN. WILSON. AYE.
ZABIR THAT MEASURE PASSES. NEXT
MEASURE. THANK YOU. PORTANTINO
THIS IS ITEM NUMBER ONE, SB 53.
GOOD MORNING. I TRIED TO GET
HERE FIRST. THANK YOU, MR. CHAIR
AND COMMITTEE MEMBERS. IN 2019,
I AUTHORED SB 172, WHICH
ESTABLISHED SAFE FIREARM STORAGE
LAW IN CALIFORNIA. SB 53 IS AN
EXPANSION TO THOSE REQUIREMENTS
BY CREATING ADDITIONAL STANDARDS
FOR SAFELY SECURING FIREARMS FOR
ALL GUNS. YOU KNOW, TO ME, IT
SORT OF SEEMS COMMON SENSE. WE
ENCOURAGE PEOPLE TO LOCK YOUR
CAR AND NOBODY CRIES FOUL OR
OUTRAGE. SO WE SHOULD CERTAINLY
ENCOURAGE PEOPLE AND REQUIRE
PEOPLE TO LOCK THEIR GUNS
EXISTING LAW REQUIRES FIREARMS
IN A HOME EITHER BE KEPT IN A
LOCKED CONTAINER, OR SECURED
WITH A LOCKING DEVICE THAT
PREVENTS THE GUN FROM
FUNCTIONING. IF A CHILD UNDER
THE AGE OF 18 IS HOME BUT THERE
IS NO BROAD REQUIREMENT FOR
SECURING STORAGE OF FIREARMS BY
ALL GUN OWNERS, DEATH BY FIREARM
IS NOW THE NUMBER ONE CAUSE OF
DEATH FOR CHILDREN IN OUR
COUNTRY. NATIONWIDE OVER 4.6
MILLION MINORS LIVE IN HOMES
WITH ACCESS TO UNSECURED GUNS,
AND 1 IN 5 GUN OWNERS STORE
THEIR FIREARMS IN THE LEAST SAFE
MANNER, SUCH AS LOADED OR
UNLOCKED. OVER 70% OF CHILDREN,
70% OF CHILDREN REPORTED KNOWING
THE LOCATION OF A HOUSEHOLD
FIREARM, AND 1 IN 5 PARENTS WHO
REPORTED THAT THEIR CHILDREN HAD
NEVER HANDLED THE HOUSEHOLD
FIREARM WERE CONTRADICTED BY
THEIR CHILDREN'S REPORT.
ADDITIONALLY, 76% OF SCHOOL
SHOOTERS OBTAIN THEIR FIREARMS
FROM THEIR PARENTS HOME OR THE
HOME OF A CLOSE RELATIVE. SB 53
INTENDS TO REDUCE FIREARM
SUICIDE AND UNINTENTIONAL
FIREARM INJURIES THROUGH THE
SAFE STORAGE OF SUCH WEAPONS.
RESEARCH SHOWS THAT STATES THAT
IMPLEMENT SAFE STORAGE LAWS SAW
A 78% DROP IN UNINTENTIONAL
SHOOTINGS. WE HAVE THE ABILITY
TO DROP OUR UNINTENTIONAL
SHOOTINGS BY A SIGNIFICANT
NUMBER IF WE ENACT THIS LAW, SB
53 DOES NOT INFRINGE UPON AN
INDIVIDUAL'S SECOND AMENDMENT
RIGHT. IT JUST USES COMMON SENSE
AND GOOD PUBLIC SAFETY KNOWLEDGE
AND GOOD DATA TO SUPPORT THIS
BILL. WITH ME TODAY, I HAVE
REBECCA MARCUS FROM THE BRADY
CAMPAIGN, AND WHEN APPROPRIATE,
WE'RE RESPECTFULLY ASK FOR AN
AYE VOTE. THANK YOU. PLEASE
BEGIN. PRIMARY WITNESS. GOOD
MORNING, CHAIR AND MEMBERS,
REBECCA MARCUS REPRESENTING THE
BRADY CAMPAIGN AND STRONG
SUPPORT OF SB 53. CALIFORNIA HAS
SOME OF THE STRONGEST GUN LAWS
IN THE COUNTRY, AND SB 53 WILL
ENHANCE THIS FRAMEWORK TO ENSURE
THAT ALL GUN OWNERS SAFELY STORE
THEIR FIREARMS TO PREVENT
UNINTENTIONAL SHOOTINGS, MASS
SHOOTINGS, THEFT OF FIREARMS AND
FIREARM SUICIDE. THE REALITY IS
THAT SECURE STORAGE OF FIREARMS
SHOULD BE AS AUTOMATIC AS
PUTTING ON A SEATBELT. AN
IMPORTANT WAY TO EFFECTUATE THAT
BEHAVIOR CHANGE IS THROUGH THIS
TYPE OF MANDATE. WE CANNOT HAVE
JUST A PORTION OF THE POPULATION
STORING THEIR FIREARMS SAFELY.
EVERY GUN OWNER NEEDS TO ENGAGE
IN SAFE GUN OWNERSHIP. AS THE
SENATOR JUST STATED, GUN
VIOLENCE HAS BECOME THE NUMBER
ONE KILLER OF OUR CHILDREN. ALL
TOO OFTEN, THE SOURCE IS AN
UNSECURED GUN, SB 53 IS HOW WE
CAN ENSURE THAT CHILDREN CANNOT
GET THEIR HANDS ON GUNS TO
PREVENT UNINTENTIONAL SHOOTINGS
AND SCHOOL SHOOTINGS. GUN THEFT
HAS BECOME A SIGNIFICANT ISSUE
HERE IN CALIFORNIA, AND A
SIGNIFICANT SOURCE OF GUN
CRIMES. KEEPING FIREARMS IN A
SAFE OR LOCKBOX IS A COMMON
SENSE AND EFFECTIVE METHOD TO
PREVENT THIS THEFT. SECURE
STORAGE OF FIREARMS DOES NOT
INTERFERE, AS THE MEMBER SAID,
WITH ANY PERSON'S RIGHT TO BEAR
ARMS OR TO ENGAGE IN
SELF-DEFENSE. SIMILAR LAWS HAVE
BEEN UPHELD IN COURT. EVERYONE
AGREES THAT GUN OWNERSHIP COMES
WITH CERTAIN RESPONSIBILITIES,
AND SAFE STORAGE IS ONE OF THEM.
WE URGE YOU TO SUPPORT THIS LIFE
SAVING LEGISLATION AND THANK THE
SENATOR FOR HIS CONSISTENT
LEADERSHIP ON THIS ISSUE. THANK
YOU, THANK YOU. OTHERS IN
SUPPORT. JAMIE MINOR ON BEHALF
OF GIFFORDS, PLEASED TO SUPPORT.
THANK YOU. JARED UDALL,
VOLUNTEER WITH MOMS DEMAND
ACTION IN SUPPORT. GOOD MORNING,
JILLIAN KING, VOLUNTEER, MOMS
DEMAND ACTION IN SUPPORT. AMY
SEROPIAN, VOLUNTEER WITH MOMS
DEMAND ACTION IN SUPPORT. JULIE
CHAPMAN, VOLUNTEER WITH MOMS
DEMAND ACTION IN SUPPORT KIM
MANFREDI, VOLUNTEER WITH MOMS
DEMAND ACTION IN SUPPORT. BRIAN
RIX WITH THE LOS ANGELES UNIFIED
SCHOOL DISTRICT IN SUPPORT. I'D
ALSO LIKE TO ADD THAT EVERYTOWN
HAS ASKED ME TO ADD IN ME TOO,
IN SUPPORT. THANK YOU. OKAY.
THANK YOU. OPPOSITION. PLEASE
COME FORWARD. THERE'S THREE
SEATS OR THREE SEATS. THANK YOU.
THANK YOU. YOU HAVE FIVE MINUTES
BETWEEN YOURSELVES, MR. CHAIR,
AND MEMBERS OF THE COMMITTEE.
GOOD MORNING. I'M RICK TRAVIS,
CRP LEGISLATIVE DIRECTOR, ALSO
REPRESENTING SAFARI CLUB
INTERNATIONAL AND THE NATIONAL
RIFLE ASSOCIATION, AND FIREARM
OWNERS THROUGHOUT THE STATE. WE
STAND IN OPPOSITION TO SB 53 FOR
THE FOLLOWING REASONS THREE.
SCOTUS COURTS UNDER HELLER,
MCDONALD AND BROWN ALL FOUND AS
A VIOLATION OF RENDER OF FIREARM
INACCESSIBLE AS F50. SB 53.
WELL, IF PASSED, THIS BILL WILL
ALSO CAUSE SEVERAL ISSUES,
INCLUDING BUT NOT LIMITED TO
EXISTING SAFES RENDERED
UNACCEPTABLE DUE TO THE SIMPLE
LACK OF A RECEIPT FOR THE
PURCHASE OF SAID STORAGE DEVICE.
RAIN AND APPROVED SAFE
UNAPPROVED FOR THE PURPOSE OF
PURCHASING A FIREARM. MILLIONS
OF DOLLARS OF EXISTING SAFES
WILL NO LONGER BE OF VALUE OR
USABLE. THUS ADDING NEW COSTS TO
EXISTING FIREARM OWNERS,
FURTHERING THEIR BURDEN TO
EXERCISE THE ENUMERATED RIGHT.
THE ENUMERATED RIGHT IS NOT THE
SAME AS DRIVING A CAR, WHICH IS
A PRIVILEGE WITH ALL DUE RESPECT
TO AUTHOR'S USE OF NATIONAL DATA
IN CALIFORNIA THAT HAS THE MOST
STRINGENT LAWS IS A FALSE
COMPARISON. WE ARE NOT THE SAME
AS THE OTHER STATES. I
PERSONALLY SEEN AS A FORMER
PARAMEDIC, MULTIPLE EXAMPLES
WHERE THE TRAGIC LOSS OF LIFE
WAS SIMPLY THE INABILITY TO
DEFEND ONESELF PRIOR TO FIRST
RESPONSE. THIS PLACES LAW
ABIDING CITIZEN HARM'S WAY IN
THE MIDDLE OF THE NIGHT OR IN A
CRISIS. THIS BILL ALSO PLACES
ADDITIONAL BURDENS ON THOSE
ALREADY IN SOCIOECONOMIC
DEPRESSED SITUATIONS AND PLACES
THEM IN FURTHER DEPRESSED
SITUATION. THIS IS OUR 150TH
YEAR OF PROVIDING FIREARM SAFETY
TO CALIFORNIANS, AND WE'RE HERE
TO WORK TO KEEP PEOPLE SAFE,
WHICH IS THE FIRST TWO WORDS OF
OUR MOTTO. AND YET WE CONTINUE
TO BE CALLED ON AFTER 150 YEARS
OF PROVING OURSELVES HIGHLY
SUCCESSFUL. MILLIONS OF TRIGGER
PULLS, NO ACCIDENTS. THANK YOU,
MR. CHAIRMAN AND MEMBERS. SAM
PEREZ, REPRESENTING GUN OWNERS
CALIFORNIA. NOW, I WANT YOU TO
UNDERSTAND WHAT WE'RE DOING
HERE. WE'RE TAKING PROBABLY 50
MILLION TRIGGER LOCKS THAT ARE
PRESENTLY IN THE IN THE STATE OF
CALIFORNIA THAT HAVE BEEN USED
BY LAW ABIDING CITIZENS TO
PROTECT THEIR GUNS, NO LONGER
VALID. NOW THEY HAVE TO GO GET
AN APPROVED LOCK BOX OR A SAFE
IN ORDER TO COMPLY WITH THE LAW.
AND AS MY COLLEAGUE POINTED OUT,
HELLER SPECIFICALLY SAID THAT
YOU CANNOT DO WHAT THE SENATOR
IS ATTEMPTING TO DO WITH THIS
BILL. LET ME QUOTE TO YOU, THE
SUPREME COURT, NOT MY WORDS. THE
SUPREME COURT, THE REQUIREMENT
THAT ANY LAWFUL FIREARM IN THE
HOME BE DISASSEMBLED OR BOUND BY
A TRIGGER LOCK MAKES IT
IMPOSSIBLE FOR CITIZENS TO USE
ARMS FOR THE CORE LAWFUL PURPOSE
OF SELF-DEFENSE AND ENHANCE
UNCONSTITUTIONAL HELLER. IN SUM,
WE HOLD THAT THE DISTRICT'S BAN
ON HANDGUN POSSESSION IN THE
HOME VIOLATES THE SECOND
AMENDMENT, AS DOES ITS
PROHIBITION AGAINST RENDERING
ANY LAWFUL FIREARM IN THE HOME
OPERABLE FOR THE PURPOSE OF
IMMEDIATE SELF-DEFENSE. HELLER,
IN HELLER, WE HELD THAT THE
SECOND AMENDMENT PROTECTS THE
RIGHT TO POSSESS HANDGUNS IN THE
HOME FOR THE PURPOSE OF
SELF-DEFENSE. WHAT IS GOING TO
HAPPEN? THIS BILL IS GOING TO
PASS. IT'S GOING TO BE SIGNED BY
THE GOVERNOR. WE'RE GOING TO GO
TO COURT. WE'RE GOING TO WIN.
AND THE STATE OF CALIFORNIA
TAXPAYERS ARE GOING TO FUND A
LOSING DEFENSE IN THE LAW AND
PAY OUR ATTORNEY'S FEES AT A
TIME WHEN THE BUDGET HERE IN THE
STATE OF CALIFORNIA IS SO UPSIDE
DOWN AND IT IS AN ABSOLUTE FACT
THAT WE WILL WIN BASED ON WHAT
THE SUPREME COURT SAYS, IT
DOESN'T MAKE ANY SORT OF FISCAL
SENSE, POLICY SENSE. AND FRANKLY
, IF THE LEGISLATURE WANTS TO
JUST TELL THE SUPREME COURT TO
GO POUND SAND, GO RIGHT AHEAD
AND DO IT AND THINGS WILL HAPPEN
AS, AS WE PREDICT. SO WE DON'T
WANT THE STATE OF CALIFORNIA TO
MAKE RESPONSIBLE GUN OWNERS
VULNERABLE TO PREDATORS ROAMING
THE STREETS. WE WANT NO MORE
VICTIMS OF CRIME. SO I URGE A NO
VOTE ON SB 53, AND WE WOULD BE
HAPPY TO ANSWER ANY ANY
QUESTIONS, INCLUDING RESPONSES
TO SOME OF THE STATISTICS THAT
ARE TOSSED AROUND HERE WITH WITH
VERY LITTLE VALIDITY. THANK YOU.
THANK YOU. OTHERS IN OPPOSITION,
GREG HERNER, ON BEHALF OF THE
TEN CHAPTERS OF SAFARI CLUB
INTERNATIONAL AND CALIFORNIA IN
OPPOSITION. OKAY THANK YOU. HI.
MARK HENLEY, ON BEHALF OF
CALIFORNIA WATERFOWL
ASSOCIATION, IN OPPOSITION.
THANKS CHRIS. ON BEHALF OF DELTA
WATERFOWL IN OPPOSITION. THANK
YOU. QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS. SEEING NONE,
MR. WILSON, THANK YOU TO THE
AUTHOR FOR BRINGING THIS
FORWARD. MY QUESTION IS CENTERED
AROUND THE NOTE FROM THE
OPPOSITION IN REGARD TO HELLER
BDC, THERE'S A REFERENCE SAYING
THAT THIS IS SPECIFICALLY
ADDRESSED IN THE SUPREME COURT,
DECISION. THERE'S A THE LINE
THAT SAYS DISASSEMBLED OR BOUND
BY A TRIGGER LOCK, I'M ASSUMING
THAT THEY'RE EQUATING THE
TRIGGER LOCK TO A LOCK STORAGE.
IS THAT EQUIVALENT OR CAN YOU
SPEAK TO THAT? WELL, I CAN SPEAK
TO THE OVERALL CONCEPT OF HELLER
. WHEN THE SAN FRANCISCO CASE
WAS RECENTLY ADJUDICATED, THE
COURT SPECIFICALLY SAID THAT
HELLER DID NOT APPLY TO THE SAFE
STORAGE. IN THAT PARTICULAR
CASE, IT WAS SPECIFICALLY NOTED
THAT HELLER DIDN'T DIDN'T APPLY
IN THAT CASE. AND SO WE BELIEVE
THIS IS CONSTITUTIONAL. YOU GOT
TO SPEAK UP. I'M SORRY YOU GOT
COMPETING WITH THE WONDERFUL
CONSTRUCTION NEXT DOOR. I SAID,
IN THE SAN FRANCISCO CASE, IT
WAS THE JUDGE THAT IT WAS A
NINTH CIRCUIT, THE NINTH CIRCUIT
CASE. IT WAS SPECIFICALLY SAID
THAT HELLER DID NOT APPLY TO THE
SAFE STORAGE IN THAT PARTICULAR
CASE. SO WE BELIEVE THIS IS ON
SOLID CONSTITUTIONAL GROUNDS
BECAUSE OF THE NINTH CASE. BUT
IS WOULD YOU IS TRIGGER LOCK THE
SAME AS STORAGE JUST IN AND I'M
JUST TALKING ABOUT IN GENERAL
NOT RELATED TO THE CASE IS ARE
THOSE TWO DIFFERENT MECHANISMS
OF SECURING A WEAPON THERE. WE
BELIEVE THAT A SAFE STORAGE IN A
LOCK BOX IS SAFER THAN A TRIGGER
LOCK. IT'S MORE IS MORE SECURE
IS A FAR SUPERIOR METHOD OF
STORAGE. OKAY NO OTHER QUESTIONS
OKAY. THANK YOU. DO WE HAVE A
MOTION FOR THIS BILL, MR. LANCE,
JUST REAL QUICK, IF I CAN HEAR
OPPOSITION SIDE OF THAT, IT
SOUNDED LIKE YOU WERE GOING TO
SAY SOMETHING. I'M SORRY. SAY
THAT TO THE QUESTION THAT WAS
ASKED ABOUT THE LOCK BOXES. DID
YOU HAVE SOMETHING TO SHARE ON
THAT? YEAH THE, THE SUPREME
COURT, WHEN THEY ACTUALLY DID
THE, THE HEARING BEFORE THE, THE
NINE JUSTICES, THEY PHYSICALLY
TALKED ABOUT LOCK BOXES AND
SAFES. THEY QUESTIONED, THE
PEOPLE, THE LAWYERS AND SAID,
YOU MEAN TRIGGER COMBINATIONS?
WHAT ABOUT PEOPLE WHEN THEY'RE
BEING INVADED AND THE STRESS IS
THERE AND THEY CANNOT THEIR
BATTERY RUNS OUT ON THEIR
BIOMETRIC OR THEY CANNOT
REMEMBER THE COMBINATION, OR
THEY CANNOT FUMBLE WITH THE KEYS
IN ORDER TO OPEN A LOCK BOX OR
ANYTHING LIKE THAT. AND THE
SUPREME COURT SPECIFICALLY
REJECTED THAT. THEY DID. AND
WITH THE ISSUE OF THE SAN
FRANCISCO CASE, IT WAS NOT TAKEN
UP TO THE SUPREME COURT YET.
THIS THIS BILL WILL ALLOW US TO
TAKE IT ALL THE WAY TO THE
SUPREME COURT. AND I AM 100%
CONFIDENT THAT WE WILL WIN. SO
SPECIFICALLY BASED ON HELLER AND
MCDONALD. THANK YOU. FOLLOW UP
QUESTION FROM ASSEMBLY MEMBER
WILSON. WHEN YOU USE WHEN THE
PHRASING THAT IS USED, TRIGGER
LOCK AND THE FUMBLING AND I'LL
TRY TO BE LOUD TOO, AS I'VE
ASKED. I HAVE, THE TRIGGER LOCK
IS ON THE GUN ITSELF. YES. OKAY.
A TRIGGER LOCK IS SOLD OR
PROVIDED WITH EVERY GUN SOLD IN
THE STATE OF CALIFORNIA, BUT
IT'S ON THE GUN. YOU ADD IT TO
THE GUN, YOU PUT IT ON THE GUN
TO DISABLE THE GUN AND NOT MAKE
IT FUNCTIONAL. AND AS I
UNDERSTAND IT, THIS BILL IS
ABOUT WHERE IT IS STORED, NOT
WHETHER IT'S ON IT. IT
INVALIDATES THE LEGALITY OR THE
WHETHER IT INVALIDATES. I'M JUST
SAYING I JUST SO WE CAN BE ON
THE SAME PAGE TRIGGER LOCK
REFERS TO SOMETHING THAT IS
PHYSICALLY ON THE GUN. YEAH THAT
AND THE BILL IS TALKING ABOUT
STORAGE WHERE THE ENTIRE GUN IS
IN A SAFE IS HELD. YES. OKAY.
YEAH. AND WIPING OUT THE TRIGGER
LOCKS AND SAYING YOU CAN ONLY
KEEP THEM IN A SAFE. SO YOU
NOTED THAT IN THE SUPREME COURT.
HELLER VÆ D.C, WHEN THAT
CONVERSATION WAS HAPPENING,
THERE WAS DISCUSSION AROUND
STORAGE. WHERE THE GUN IS
ACTUALLY HELD VERSUS SOMETHING
ATTACHED TO THE GUN TRIGGER LOCK
THAT ACTUALLY TALKED ABOUT BOTH
THINGS. UNDERSTOOD. SO THEY THEY
TALKED ABOUT IT. BUT WHEN THEY
ACTUALLY WROTE IN THERE, THE
PART THAT YOU REFERENCED AND
THAT'S NOTED IN OUR ANALYSIS,
THEY DON'T USE STORAGE. THEY,
THEY SAY DISASSEMBLED, MEANING
HAVING TO TAKE THE GUN APART OR
BOUND BY A TRIGGER LOCK, MEANING
SOMETHING ON THE GUN, NOT WHERE
IT'S STORED. SO ALTHOUGH THEY
HAD THE DISCUSSION, ABOUT
STORAGE, THEY DIDN'T REFERENCE
IT. RIGHT. SO THAT MEANS THAT
THEY HAD SETTLED IN MY MIND TO
THAT. SO WITH THAT, I'LL MAKE
THE MOTION. MOTION AND A SECOND
NO FURTHER QUESTIONS. YOU MAY
CLOSE, MR. PORTANTINO. THANK
YOU. THANK YOU, MR. CHAIRMAN. I
WOULD NOTE THAT OUR ORIGINAL
SAFE STORAGE SB 172, HAS BEEN ON
THE BOOKS AND HAS NOT BEEN,
OVERTURNED BY THE COURTS. I
THINK WE ARE ON SOLID LEGAL
GROUND. AND AGAIN, WE HAVE AN
OPPORTUNITY. WE HAVE AN
OPPORTUNITY TO MAKE OUR HOMES
SAFER, OUR SOCIETY SAFER, OUR
CHILDREN SAFER. WE KNOW THIS IS
EFFECTIVE. WE KNOW IT WORKS.
SHAME ON US IF WE DON'T SEIZE
THAT OPPORTUNITY TO MAKE
CHILDREN SAFER IN CALIFORNIA.
SHAME ON US. AND SO I THINK THIS
IS COMMON SENSE. I APPRECIATE
THE CONVERSATION AND
RESPECTFULLY ASK FOR AN AYE VOTE
. THANK YOU. WE HAVE A MOTION A
SECOND, PLEASE CALL THE ROLL ON
ITEM NUMBER ONE, SB 53 BY
SENATOR PORTENTINO. THE MOTION
IS DUE. PASS TO THE
APPROPRIATIONS COMMITTEE.
MCCARTY I MCCARTY I ALANIS. NO.
ALANIS. NO LACKEY. LACKEY. NO.
NGUYEN. REYES REYES I TING.
WILSON I WILSON I ZUBER. ZUBER I
THAT MEASURES ON CALL NEXT
MEASURE. ITEM NUMBER FOUR.
SENATOR MENDEZ AB 1242. THANK
YOU. PLEASE BEGIN. SENATOR MINH.
THANK YOU, MR. CHAIR. COMMITTEE
MEMBERS, THIS BILL, SB 1242, IS
PART OF THE SENATE'S SAFER
CALIFORNIA PLAN AND WOULD
AUTHORIZE HIGHER PENALTIES FOR
THOSE THAT COMMIT ARSON IN ORDER
TO FACILITATE RETAIL THEFT.
RETAIL THEFT HAS BECOME
INCREASINGLY SOPHISTICATED IN
RECENT YEARS, WITH SCENARIOS
WHERE FIRE IS BEING USED AS A
TACTIC TO HIDE AND DISTRACT FROM
CRIMINAL ACTIVITY. AND AN
INCIDENT IN A STORE HERE IN THE
SACRAMENTO AREA, A FIRE WAS SET
IN THE CLOTHING DEPARTMENT TO
DISTRACT EMPLOYEES WHILE
SUSPECTS WERE EXITING WITH
SHOPPING CARTS FULL OF
MERCHANDISE. THIS DANGEROUS
DIVERSIONARY TACTIC ENDANGERS
LIVES AND DISRUPTS BUSINESS
OPERATIONS. STORES NOT ONLY LOSE
THE STOLEN MERCHANDISE, BUT
SUFFER DAMAGE TO THEIR BUILDINGS
AND MERCHANDISE, SOMETIMES
HAVING TO CLOSE FOR WEEKS TO
MAKE REPAIRS. SB 1242 WOULD
SPECIFY THAT THE CRIME OF
RECKLESS ARSON THAT FOR THE
CRIME OF RECKLESS ARSON, THE
FACT THAT THE OFFENSE WAS
CARRIED OUT WITHIN A MERCHANT'S
PREMISES IN ORDER TO FACILITATE
ORGANIZED RETAIL THEFT SHALL BE
A FACTOR IN AGGRAVATING AND
SENTENCING. TODAY I HAVE WITH
ME, RYAN, ELAINE, DIRECTOR OF
GOVERNMENT AFFAIRS FOR THE
CALIFORNIA RETAILERS ASSOCIATION
. THANK YOU, THANK YOU, CHAIR
MCCARTY, SENATOR MANN AND
MEMBERS OF THE COMMITTEE. MY
NAME IS RYAN ELAINE, DIRECTOR OF
GOVERNMENT AFFAIRS AT THE
CALIFORNIA RETAILERS
ASSOCIATION, ARE HERE TO SPEAK
IN SUPPORT OF SB 1242, I'D LIKE
TO START WITH A FEW EXAMPLES TO
HIGHLIGHT WHY THIS LEGISLATION
IS NEEDED, LAST SEPTEMBER IN
SOUTHERN CALIFORNIA, A WOMAN WAS
TAKEN INTO CUSTODY IN CONNECTION
TO A FIRE WITH A POPULAR
RETAILER, WHERE SHE SET FIRE TO
THE BABY CLOTHES SECTION OF THE
STORE. AND ACCORDING TO THE
INVESTIGATION, THE FIRES WERE
INTENTIONALLY SET TO COVER TO
COVER IN AN ATTEMPT TO STEAL.
THE FIRE CAUSED $500,000 IN
DAMAGE TO THE BUILDING AND $1
MILLION DOLLARS IN DAMAGE TO
PRODUCTS. LAST JUNE, HERE IN
SACRAMENTO, WHILE SHOPPERS WERE
IN THE STORE, FIRE WAS SET
INSIDE WHILE A CAREFULLY
ORCHESTRATED TEAM WALKED OUT
WITH HUNDREDS OF DOLLARS OF
WORTH OF MERCHANDISE. THE FIRE
FORCED THE STORE TO CLOSE FOR
WEEKS DUE TO DAMAGE AND RESTOCK
PRODUCTS. JUST, DURING THAT TIME
LAST YEAR IN SACRAMENTO,
ACCORDING TO THE SACRAMENTO
METRO FIRE, THEY NOTICED A RISE
IN ARSON, USED AS A DETERRENT,
AND THEY SAID THAT THIS IS
ORGANIZED CRIME. THEY HAVE A
PREMEDITATED PLAN. THEY KNOW
WHERE THEY KNOW THEY'RE GOING.
THEY, WHERE THEY'RE GOING TO GO,
HOW THEY'RE GOING TO SET THE
FIRE AND WHAT THEY'RE GOING TO
TAKE FROM THE STORE. ARSON
WITHIN RETAIL ESTABLISHMENTS
POSES A SEVERE THREAT NOT ONLY
TO PROPERTY, BUT TO HUMAN LIFE.
THESE ESTABLISHMENTS ARE NOT
JUST BUILDINGS. THEY ARE HUBS OF
ECONOMIC ACTIVITY WHERE
INDIVIDUALS EARN THEIR
LIVELIHOODS WHEN ARSON STRIKES.
THE CONSEQUENCE WILL RIPPLE FAR
BEYOND THE PHYSICAL DAMAGE. THE
ECONOMIC REPERCUSSIONS OF ARSON
WITHIN RETAIL STORES ARE
SIGNIFICANT. SMALL BUSINESS
OWNERS INVEST THEIR TIME,
RESOURCES AND PASSIONS INTO
THESE ESTABLISHMENTS. WHEN
BUSINESSES FALL VICTIM TO ARSON
AND NOT ONLY RESULTS IN
FINANCIAL LOSS, BUT DISRUPTS THE
LOCAL ECONOMY AS THEY ARE CLOSED
FOR WEEKS OR MONTHS. BY ENACTING
LEGISLATION TO INCREASE
PENALTIES FOR ARSON WITHIN
RETAIL STORES, WE SEND A CLEAR
MESSAGE THAT SUCH CRIMES WILL
NOT BE TOLERATED OR Dð TO
SUPPORT SENATE BILL 1242. THANK
YOU. OKAY. THANK YOU. OTHERS IN
SUPPORT. DAVID JONES, ON BEHALF
OF THE CITY OF STOCKTON IN
SUPPORT. SAX. FLUTE. THE LEAGUE
OF CALIFORNIA CITIES IN SUPPORT.
DANE HUTCHINGS, RANCHO PALOS
VERDE IN SUPPORT. MR. CHAIRMAN,
MEMBERS ANDREW ANTWI, ON BEHALF
OF THE CITY OF BEVERLY HILLS IN
SUPPORT. WHAT? THIS IS IN
OPPOSITION, SEEING NONE
QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS, I'LL START
SENATOR MINCH. SO I JUST WANT TO
NOTE THAT THIS BILL, ALONG WITH
THE OTHER TWO RETAIL THEFT
BILLS, AND WE NOTED THIS
EARLIER, IS BEING HEARD AS IS,
WILL NOT INCLUDE ANY URGENCY NOR
OR INOPERABLE CLAUSE, TO THE
MEASURE WITH THAT I DO SUPPORT
THIS AND JUST I'LL LET YOU KNOW
THAT A FEW MONTHS AGO, OUR OUR
GIRLS WERE AT THE TARGET, THE
LITTLE MINI TARGET HERE ON J
STREET, AND SOMEONE STARTED A
FIRE. AND THIS THIS HAPPENED
LITERALLY A FEW BLOCKS FROM THE
CAPITOL. SO THEY WITNESSED IT.
AND, YOU KNOW, THEY THOUGHT, OF
COURSE, IT WAS DANGEROUS. AND
INNOVATIVE WAY FOR PEOPLE TO
CAUSE A DISTRACTION AND RUN OUT
WITH, WITH GOODS. BUT, YOU KNOW,
PUT A LOT OF PEOPLE IN DANGER.
SO I DO SUPPORT THIS MEASURE. WE
HAVE A MOTION SO MOVED BY
ASSEMBLY MEMBER WILSON, SECOND
BY SAMIR REYES, SEEING NO MORE
QUESTIONS OR COMMENTS, YOU MAY
CLOSE, THANK YOU FOR SHARING,
MR. CHAIR, AND I RESPECTFULLY
ASK FOR YOUR I VOTE THANK YOU.
CALL THE ROLL, PLEASE. ON ITEM
NUMBER FOUR, SB 1242, THE MOTION
IS DUE. PASS TO THE
APPROPRIATIONS COMMITTEE.
MCCARTY, A MCCARTY A ALANIZ.
ALANIZ. AYE. LAKI LAKI. AYE
NGUYEN. REYES. REYES. AYE TING.
WILSON. WILSON. AYE ZABIR.
ZABIR. AYE NEXT MEASURE. ITEM
NUMBER TWO, SB 905. SENATOR
WIENER. ARE YOU. PLEASE BEGIN.
THANK YOU VERY MUCH. MR.
CHAIRMAN, COLLEAGUES, I'M HERE
TO PRESENT SENATE BILL 905,
WHICH WILL ADDRESS THE
SIGNIFICANT PROBLEMS WE'RE
EXPERIENCING AROUND AUTO BREAK
INS AND THEFT FROM CARS.
PRIMARILY, THE BILL CLOSES THE
LOCKED DOOR LOOPHOLE, WHICH IS A
NONSENSICAL BARRIER TO HOLDING
AUTO BURGLARIES ACCOUNTABLE,
UNDER EXISTING LAW, IN ORDER TO
PROVE AN AUTO, BREAK IN AUTO
BURGLARY, YOU HAVE TO PROVE NOT
JUST THAT THE PERSON, ENTERED
THE CAR WITHOUT PERMISSION OR
EVEN BROKE INTO THE CAR. YOU
HAVE TO PROVE THAT THE DOORS
WERE LOCKED, THAT SHOULDN'T
MATTER. IT'S COMPLETELY
IRRELEVANT. AND IT UNDERMINES
PROSECUTIONS AND PRETTY CLEAR
CASES, IF AN OWNER, FOR EXAMPLE,
DOES NOT RECALL WHETHER THEY'VE
LOCKED EVERY SINGLE DOOR IN THE
CAR, OR PARTICULARLY IF SOMEONE
IS VISITING, AND IS NOW 3000
MILES AWAY AND IS NOT REALLY
GOING TO COME BACK, JUST TO
TESTIFY IN COURT THAT THEY
LOCKED THE DOOR, EVEN IF THERE'S
A VIDEO OF THE PERSON BREAKING
INTO THE CAR. SO THE BILL,
ADDRESSES THIS BY REMOVING THAT,
THAT THAT LOOPHOLE, AND IT DOES.
SO JUST FOR CLARITY, BECAUSE
THERE WAS DISCUSSION IN THE
ANALYSIS CGRTS, INSTEAD OF
CHANGING THE EXISTING, CRIME, IT
CREATES BASICALLY A DUPLICATE
CRIME, WITHOUT THAT LOOPHOLE.
AND THE REASON IS SO WE DON'T
WANT TO INCREASE EXPOSURE TO
FELONY MURDER TO THREE STRIKES,
ETC. SO IT'S CREATING THAT'S WHY
IT CREATES A SEPARATE CRIME. AND
I MENTIONED THAT ONLY BECAUSE
THE COMMITTEE ANALYSIS DID
DISCUSS THAT PARTICULAR ISSUE,
WE'VE ALSO PUT LANGUAGE INTO THE
LOCKED DOOR LOOPHOLE PART OF SB
905, TO RE MINIMIZE THE RISKS OF
IMMIGRATION CONSEQUENCES FOR
CONVICTION OF THAT CRIME. THE
BILL ALSO IN SECTION TWO,
ADDRESSES THE PROBLEM OF
ORGANIZED RESALE OF GOODS STOLEN
FROM CARS, AND THE AUTO BURGLARS
OFTEN SEEK VALUABLE ITEMS SUCH
AS LAPTOPS, CAMERAS, CELL
PHONES, AND THEN RESELL THEM
UNDER THE BILL AS AMENDED,
INDIVIDUALS CAN BE PROSECUTED
FOR HOLDING MORE THAN $950 OF
STOLEN GOODS INTENDED FOR
RESALE. WHETHER THE GOODS WERE
STOLEN IN ONE INCIDENT OR
MULTIPLE INCIDENTS WITHIN A TWO
YEAR PERIOD. AND WE AND WE'RE,
AMENDING THAT TWO YEAR PERIOD
INTO THE BILL, THIS PART THE
BILL IS PART OF THE, PRO TEM'S,
SAFER CALIFORNIA PACKAGE. AND
WE'RE WORKING COLLABORATIVELY,
OF COURSE, WITH THE ASSEMBLY ON
THESE ISSUES. AND I RESPECTFULLY
ASK FOR AN AYE VOTE. WITH ME
TODAY IS CARL NICITA FROM THE
SAN FRANCISCO POLICE DEPARTMENT.
THANK YOU. A MOTION, A SECOND
WITNESS. PLEASE BEGIN. GOOD
MORNING. CHAIR MCCARTY.
COMMITTEE MEMBERS. I'M CARL
NICITA, PRINCIPAL LEGISLATIVE
LIAISON FOR THE SAN FRANCISCO
POLICE DEPARTMENT, HERE TO SPEAK
ON THE LOCKED DOOR LOOPHOLE.
FIRST, THANKS TO SENATOR WIENER
FOR HIS SUPPORT AND WORK ON THIS
ISSUE. AS I'M SURE YOU ALL KNOW,
AUTO BREAK-INS ARE A PERSISTENT
PROBLEM IN SAN FRANCISCO AND
ELSEWHERE IN OUR STATE. MY CITY
IS MAKING REAL PROGRESS ON AUTO
BREAK-INS, THANKS TO THE HARD
WORK OF THE MEMBERS OF THE SAN
FRANCISCO POLICE DEPARTMENT WITH
BAIT CARS, PLAINCLOTHES
OFFICERS, AND OTHER OPERATIONAL
STRATEGIES. BUT THIS IS JUST THE
START, AND WE NEED MORE TOOLS TO
SUSTAIN THIS WORK, TO HOLD AUTO
BURGLARS ACCOUNTABLE. ONE
CHALLENGE WITH AUTO BREAK-INS,
AS SENATOR WIENER SAID, IS THE
LOCKED DOOR LOOPHOLE. BECAUSE
UNDER CURRENT LAW, TO SECURE
CONVICTION WHEN AN AUTO BURGLAR
IS ARRESTED, ONE OF THE ELEMENTS
THAT PROSECUTORS MUST PROVE IS
THAT THE VEHICLE WAS LOCKED. A
BROKEN WINDOW BY ITSELF DOES NOT
PROVE SO. AS A RESULT, VICTIMS
ARE OFTEN ASKED TO TESTIFY TO
THAT FACT. BUT AS SENATOR WIENER
SAID, WHEN A VICTIM IS A TOURIST
OR VISITOR, WHICH IN SAN
FRANCISCO IS OFTEN THE CASE
BECAUSE THESE THEFT RINGS TARGET
AREAS WITH OUR ICONIC LOCATIONS,
IT CAN BE DIFFICULT TO SECURE
TESTIMONY WHEN A VICTIM LIVES
ELSEWHERE. SENATE BILL 905,
SPONSORED BY SAN FRANCISCO MAYOR
LONDON BREED, CLOSES THIS
LOOPHOLE BY CREATING A NEW LAW
OF FORCIBLY ENTERING A VEHICLE
WITH THE INTENT TO COMMIT A
MISDEMEANOR OR FELONY THEREIN.
CLOSING THIS LOOPHOLE WILL HELP
PROSECUTE THE ORGANIZED THEFT
RINGS TARGETING SAN FRANCISCO
AND BEYOND. MORE SUCCESSFUL,
AGGRESSIVE PROSECUTIONS OF THESE
CASES WILL SEND A MESSAGE THAT
IF YOU BREAK INTO CARS, YOU WILL
BE HELD ACCOUNTABLE AGAIN,
THANKS TO SENATOR WIENER'S FOR
HIS WORK ON THIS ISSUE. THANKS
TO YOU FOR YOUR TIME THIS
MORNING. AND I RESPECTFULLY URGE
YOUR AYE VOTE. THANK YOU. OTHERS
IN SUPPORT, PLEASE COME FORWARD.
THANK YOU, MR. CHAIR. MEMBERS
DILLON ELLIOTT, ON BEHALF OF THE
SAN FRANCISCO BOARD OF
SUPERVISORS IN SUPPORT. THANK
YOU, SERGEANT BERNIE OJEDA, LOS
ANGELES COUNTY SHERIFF'S
DEPARTMENT, ON BEHALF OF SHERIFF
ROBERT LUNA IN SUPPORT, ALEX
TORRES ON BEHALF OF THE BAY AREA
COUNCIL IN SUPPORT AMELIA ZAMANI
WITH THE CALIFORNIA TRAVEL
ASSOCIATION IN SUPPORT DANE
HUTCHINGS WITH THE CITY OF
CARLSBAD IN SUPPORT ZACH SELF
WITH THE CALIFORNIA CITIES AND
SUPPORT KRISTIN SCHLUSSEL WITH
THIS, CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION IN SUPPORT
RICHARD MAHER WITH AMERICA FIRST
POLICY INSTITUTE IN SUPPORT.
RYAN OHAYON ON BEHALF OF THE
CALIFORNIA RETAILERS
ASSOCIATION, IN SUPPORT. THANK
YOU. OPPOSITION ANY OPPOSITION,
PLEASE COME FORWARD. MARCO JORGE
ON BEHALF OF THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION, WE
WANT TO THANK THE AUTHOR FOR THE
AMENDMENT TO FORD. 496 BUT ALSO,
WE'RE STILL SEEKING AN AMENDMENT
TO 496.5 TO MITIGATE THE
IMMIGRATION CONSEQUENCE. REYES.
BECAUSE AS IS WRITTEN NOW, THIS
WOULD RESULT IN BASICALLY
BANISHMENT, DEPORT ASIAN OR
REMOVAL FROM THE UNITED STATES.
SO WE'RE JUST ASKING THAT THE
INTENT TO TEMPORARILY DEPRIVE
THE OWNER OF THE BENEFIT OF THE
PROPERTY ALSO BE ADDED TO,
SUBSECTION A, THANK YOU. THANK
YOU. ANY OTHERS IN OPPOSITION,
PLEASE COME FORWARD, SEEING NO
OPPOSITION, WE HAVE A MOTION, A
SECOND QUESTION OR COMMENTS FROM
COMMITTEE MEMBERS, SOME MEMBER
REYES. BUT BEFORE WE DO THAT,
SENATOR WIENER, WE I DO SUPPORT
THIS BILL. BUT I DO WANT TO NOTE
THAT THIS BILL IS BEING HEARD AS
IS. AND THERE IS NO AMENDMENT
WITH THE INOPERABLE CLAUSE, NOR
THE URGENCY THAT COULD BE
DISCUSSED. ANOTHER DATE, BUT NOT
TODAY. SOME MEMBER. REYES. THANK
YOU. I SENATOR, I DO WANT TO
THANK YOU FOR YOUR
THOUGHTFULNESS IN THE LANGUAGE,
SPECIFICALLY ADDING THE
SEPARATE, SEPARATE, CRIME, BUT
THE QUESTION REGARDING
IMMIGRATION IN YOUR COMMENTS,
YOU SAID THAT THAT WAS ADDRESSED
, CAN YOU. YEAH. YEAH. RESPOND
TO THEIR COMMENTS, PLEASE. SO
THERE ARE TWO PARTS OF THIS
BILL. THERE'S THE LOCKED DOOR
LOOPHOLE PART, WHICH THIS IS, I,
I VIEW THIS AS, SOMETHING IT'S
SOMETHING I'VE BEEN WORKING ON
FOR A LONG TIME. THIS IS MY
THIRD EFFORT AT THIS. I
INTRODUCED THE LOCKED DOOR
LOOPHOLE ELIMINATION IN BOTH
2018 AND 2019. THIS IS MY THIRD
TRY, SO I HAVE, ACCEPTED THE
LANGUAGE TO REALLY REDUCE THE
RISK OF IMMIGRATION CONSEQUENCES
FOR THAT. THE SECOND PIECE
AROUND THE STOLEN PROPERTY FROM
CARS, THAT CAME FROM THE THROUGH
THE SAFER CALIFORNIA, PROCESS. I
AM VERY INTERESTED IN INCLUDING
LANGUAGE IN THERE AS WELL, BUT
THAT IS A BROADER, COLLABORATIVE
TEAM, SHALL WE SAY, INVOLVING
BOTH HOUSES AND THE GOVERNOR.
AND SO WE'RE NAVIGATING THAT.
BUT IT IS MY DESIRE TO MAKE THAT
AMENDMENT. BUT UNLIKE THE LOCKED
DOOR LOOPHOLE PIECE, I HAVE MORE
, OWNERSHIP OVER SINCE I'VE BEEN
WORKING ON THAT FOR SO LONG. I
HOPE THAT MAKES SENSE. IT MAKES
A LOT OF SENSE. AND I WOULD ASK
THAT THAT THAT WOULD BE OF GREAT
CONCERN TO ME, AND I DO
APPRECIATE THAT THE, THE
OPPOSITION BROUGHT THAT UP, BUT
ALSO SUPPORTING AND COMMENTING
FAVORABLY ABOUT THE AMENDMENTS
YOU HAVE TAKEN. BUT THE
IMMIGRATION CONSEQUENCES ARE,
ARE EXTREMELY IMPORTANT. I KNOW
THAT, AS YOU'VE SAID, THEN
YOU'RE COMMITTED TO CONTINUE
THAT CONVERSATION BEFORE IT GETS
TO THE FLOOR. YEAH. AND I WOULD
ALSO WELCOME YOUR ADVOCACY.
JOINING WITH ME SO THAT WE CAN
MOVE IN THAT DIRECTION.
EXCELLENT DEFINITELY. THANK YOU.
I THINK IT'S ALREADY BEEN MOVED.
YES. BEEN MOVED AND SECONDED.
MR. LACKEY. YEAH. THANK YOU FOR
YOUR SECOND ATTEMPT. RIGHT. OKAY
THIRD. YEAH, I'M STUBBORN, BUT
AT LEAST NOT GIVING UP BECAUSE
THIS IS CLEARLY AN ABSURDITY. I
MEAN, YOU THINK ABOUT WHY IN THE
HECK WOULD SOMEBODY BREAK OUT A
WINDOW IF THE DOOR WAS UNLOCKED?
THEY EXPOSED THEMSELVES TO
DANGER. THEY EXPOSE THEMSELVES
TO BEING CAUGHT BY BREAKING OUT
THE WINDOW. AND IT'S JUST, IT'S
NOT LOGICAL. SO. SO THANK YOU
FOR POINTING THIS OUT AND NOT
GIVING UP. THAT'S WHAT I
APPRECIATE GREATLY. ENJOY. THE
REPUBLICANS. THANK YOU. THAT'S
SOMETHING THAT WE, WE, WE FACE
CONSTANTLY. SO I'M THANKFUL THAT
YOU'VE SHOWED THE TENACITY TO
MAKING SURE JUSTICE IS ARRIVED
AT. SO THANK YOU. THANK YOU.
ASSEMBLY MEMBER. OKAY, MOTION A
SECOND. YOU MAY CLOSE. MR.
WIENER, RESPECTFULLY ASK FOR AN
AYE VOTE. THANK YOU. PLEASE CALL
THE ROLL ON. ITEM NUMBER TWO, SB
905 BY SENATOR WIENER. THE
MOTION IS DUE PASSED TO THE
APPROPRIATIONS COMMITTEE.
MCCARTY Ã MCCARTY. AYE. ALANIS.
AYE. ALANIS. AYE. LACKEY. A
LACKEY. AYE. NGUYEN REYES.
REYES. AYE. TING. WILSON WILSON.
AYE. ZABIR. ZABIR. AYE THANK
YOU. WE HAVE NO AUTHORS, BUT I
UNDERSTAND YOU'RE GOING TO
PRESENT FOR. THANK YOU,
COLLEAGUES. SENATOR SMALLWOOD.
CUEVAS ITEM NUMBER SEVEN. ITEM
NUMBER SEVEN, SB 1484.
THANK YOU. PLEASE BEGIN. GOOD
MORNING, MR. CHAIR, AND MEMBERS,
I AM PLEASED TO PRESENT SB 1484
ON BEHALF OF SENATOR SMALLWOOD.
CUEVAS SB 1484 IS A CLEAN UP
BILL THAT CLARIFIES THAT YOUTH
UNDER 12 ARE PROHIBITED FROM
APPEARING BEFORE A COURT, EVEN
AN INFORMAL COURT SETTINGS OR
TRAFFIC COURTS. IN 2018, THE
LEGISLATURE PASSED SB 439, WHICH
WAS INTENDED TO PROTECT
CALIFORNIA'S CHILDREN BY
COMPLETELY LIMITING THE JUVENILE
COURT'S JURISDICTION. IN CASES
INVOLVING YOUTH UNDER 12. WHILE
THE INTENT OF THE BILL WAS TO
ENTIRELY PREVENT YOUTH UNDER AGE
12 FROM CONTACT WITH A COURT
SYSTEM, UNINTENTIONAL OMISSIONS
IN THE WELFARE AND INSTITUTIONS
CODE HAS LEFT CHILDREN
VULNERABLE TO EXPEDITED AND
INFORMAL PROCEDURES,
ADJUDICATING YOUTH CHARGED FOR
NONVIOLENT CRIMES. THIS
UNINTENTIONAL OMISSION HAS
CREATED CONFUSION REGARDING THE
MINIMUM AGE LIMITS OF YOUTH, WHO
MAY BE SUBJECT TO SUCH INFORMAL
OR EXPEDITED PROCESSES. THE SB
1484 WOULD CLARIFY THAT THE AGE
RESTRICTION ENACTED IN SB 439
ALSO APPLIES EVEN IN THE CONTEXT
OF INFORMAL OR EXPEDITED
PROCEEDINGS. THESE EXPEDITED OR
AND INFORMAL PROCEEDINGS LOOK
DIFFERENT THROUGHOUT THE STATE,
BUT IN SOME COUNTIES YOUTH MAY
BE REFERRED TO INFORMAL TRAFFIC
COURTS AND OR PROCEEDINGS BEFORE
THE JUVENILE HEARING. OFFICERS
IN THESE PROCEEDINGS, YOUTH MAY
NOT BE APPOINTED A PUBLIC
DEFENDER OR COURT REPORTER.
YOUTH IN THESE PROCEEDINGS MAY
FACE SIGNIFICANT FINES AND
PENALTIES. THE LEGISLATURE HAS
ALREADY AGREED THAT CHILDREN
UNDER THE AGE OF 12 DO NOT
BELONG IN OUR COURTS. SB 1484 IS
A COMMONSENSE CLARIFICATION THAT
CHILDREN UNDER 12 MUST BE
PROTECTED FROM THE NEGATIVE
IMPACTS OF JUSTICE SYSTEM
INVOLVEMENT, EVEN IN INFORMAL
AND EXPEDITED PROCEEDINGS, WITH
US TODAY, TO TESTIFY AND ANSWER
QUESTIONS IS JUSTIN ROSA FROM
THE OFFICE OF THE ATTORNEY
GENERAL, THE SPONSOR OF SB 1484?
THANK YOU. PLEASE BEGIN.
MORNING, MR. CHAIR, AND
HONORABLE MEMBERS OF THE
COMMITTEE, I APPRECIATE THE
OPPORTUNITY TO PRESENT TO YOU ON
BEHALF OF THE SPONSOR, ATTORNEY
GENERAL ROB BONTA. WE ALSO LIKE
TO THANK COMMITTEE STAFF FOR THE
DETAILED ANALYSIS AND APPLAUD
SENATOR CUEVAS FOR AUTHORSHIP,
AND ASSEMBLYMEMBER REYES FOR
PRESENTING ON HER BEHALF. TODAY,
TO ADD TO ASSEMBLYMEMBER'S REYES
PRESENTATION, THE BUREAU OF
CHILDREN'S JUSTICE WAS FORMED
WITHIN THE CIVIL RIGHTS
ENFORCEMENT SECTION AT DOJ IN
2015 TO SAFEGUARD EQUAL
OPPORTUNITIES FOR EVERY CHILD IN
THE STATE OF CALIFORNIA CAN MEET
THEIR FULL POTENTIAL. THE BUREAU
OF CHILDREN'S JUSTICE
INVESTIGATIVE WORK ADDRESSES
SYSTEMIC ISSUES THAT IMPACT
YOUTH ACROSS THE STATE, FOCUSING
ON REMEDYING PATTERNS OR
PRACTICES OF DISCRIMINATORY
POLICIES OR PROCEDURES IN
ADDITION, PUBLICLY AVAILABLE
2022 RACIAL AND IDENTITY
PROFILING ACT DATA. AS YOU ALL
KNOW, AS THE REPORT DATA SHOWS
THAT LAW ENFORCEMENT OFFICERS
ARE REPORTING STOPS AND
CITATIONS OF YOUTH UNDER 12,
SOME OF WHICH MAY HAVE LED TO
ADJUDICATION THROUGH INFORMAL
COURTS AND EXPEDITED PROGRAMS.
AS PRESENTED BY ASSEMBLYMEMBER'S
REYES, SB 1484 IS AN IMPORTANT
BILL TO CLOSE THE GAPS IN OTHER
WELFARE AND INSTITUTIONS CODE
SECTIONS THAT CLEARLY FALL
WITHIN THE SCOPE OF SB 439
CHAPTERED. IN 2018, BY THEN
SENATOR HOLLY MITCHELL, SB 439
WAS INTENDED TO APPLY TO ALL
CIRCUMSTANCES WHERE YOUTH UNDER
12 WERE SUBJECT TO COURT
PROCESSES AS SET FORTH
THROUGHOUT THE WELFARE AND
INSTITUTIONS CODE. IN CLOSING,
I'M HAPPY TO ANSWER ANY
QUESTIONS AND ON BEHALF OF THE
ATTORNEY GENERAL, WE
RESPECTFULLY REQUEST YOUR AYE
VOTE ON BEHALF OF THESE CHILDREN
ACROSS THE STATE AND REQUIRE AN
AGE APPROPRIATE APPROACH FOR
NONVIOLENT INFRACTIONS PER THE
EXISTING STATUTE. THANK YOU.
THANK YOU. OTHERS IN SUPPORT,
PLEASE COME FORWARD. MARCO
GEORGE, ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND STRONG SUPPORT.
THANK YOU. TOM TRAN WITH THE
ELLA BAKER CENTER FOR HUMAN
RIGHTS IN SUPPORT. THANK YOU.
ALICIA BENAVIDEZ ON ACLU
CALIFORNIA ACTION IN SUPPORT
OPPOSITION. PLEASE COME FORWARD
SEEING NO OPPOSITION COMMITTEE
MEMBERS. SO WE DID A
HYPOTHETICAL, AND WE CAME TO THE
CONCLUSION THAT YOU PRESENTING
THE BILL FOR THE SENATOR COULD
TECHNICALLY DO THE MOTION IF YOU
WANTED TO AS WELL. SO I MOVE THE
BILL. OKAY, THERE WE GO. I JUST
WANT TO TRY THAT. THANK YOU. WE
HAVE A MOTION AND A SECOND.
QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS. VICE CHAIR
LANI'S SECOND, GREAT. THANK YOU.
NO. NO QUESTION. YOU MAY CLOSE.
I RESPECTFULLY ASK FOR YOUR AYE
VOTE ON BEHALF OF SENATOR
SMALLWOOD. CUEVAS. YES. PLEASE
CALL THE ROLL ON ITEM NUMBER
SEVEN, SB 1484 BY SENATOR
SMALLWOOD CUEVAS. THE MOTION IS
Dð PASS. MCCARTY. AYE. MCCARTY.
AYE ALANIS. ALANIS. NO. LACKEY.
LACKEY NO. NGUYEN. REYES. AYE
REYES. AYE. TÍNH. WILSON WILSON.
AYE. ZEBRA. ZEBRA. AYE ONE.
OKAY. THE MEASURE IS ON. CALL
THANK YOU SO MUCH. THANK YOU.
THANK YOU.
SO.
Ó. THANK YOU. SO MUCH. I THINK
SO. GOOD TO HAVE YOU THERE.
HERE. THANK YOU. OH. GO AHEAD.
I'LL PULL IT OUT FOR YOU. YES, I
WANT TO PULL IT OUT FOR MONEY.
OKAY SENATOR GONZALEZ, ITEM
FIVE, SB 1253. WHEN YOU'RE READY
. THANK YOU, MR. CHAIR. AND
MEMBERS. SO I'M HERE TO PRESENT
SB 1253, WHICH MAKES ESSENTIAL
UPDATES TO THE FIREARM SAFETY
CERTIFICATE PROGRAM TO KEEP
CALIFORNIANS COMING CALIFORNIA
COMMUNITY SAFE. AND I'D LIKE TO
START BY ACCEPTING THE
COMMITTEE'S AMENDMENTS AND THANK
THEM FOR THEIR WORK DESCRIBED ON
PAGE SIX OF THE ANALYSIS, AND
WOULD LIKE TO THANK THEM. OF
COURSE, OF THEIR WORK, AS I JUST
MENTIONED. AND CALIFORNIA HAS
MADE GREAT STRIDES IN RECENT
DECADES TO REDUCE GUN VIOLENCE.
HOWEVER ACCIDENTAL AND
UNINTENTIONAL SHOOTINGS CONTINUE
TO BE A LEADING CAUSE OF FIREARM
RELATED INCIDENTS IN THE STATE,
PARTICULARLY FOR CHILDREN,
CONTRIBUTING TO ROUGHLY 30% OF
ALL FIREARM RELATED DEATHS AND
INJURIES FROM 2016 TO 2022. SB
1253 WILL INCREASE FIREARM
SAFETY BY REQUIRING INDIVIDUALS
WHO MOVE INTO CALIFORNIA TO
REGISTER THEIR FIRE NOT ONLY TO
AFTER THEY REGISTER THEIR
FIREARMS, BUT TO ALSO OBTAIN A
VALID FIREARM SAFETY
CERTIFICATE. THIS WILL ENSURE
THAT ALL FIREARM IMPORTERS HAVE
THE NECESSARY SAFETY SKILLS AND
COMPREHENSION ON THE UP TO DATE
LAWS IN CALIFORNIA, INCLUDING
SAFE HANDLING AND STORAGE AND
CHILD PROOFING. WHAT TO DO WHEN
CHILDREN ARE IN THE HOME WHILE
YOU HAVE A GUN. TESTIFYING IN
SUPPORT OF THIS MEASURE TODAY, I
HAVE REBECCA MARCUS ON BEHALF OF
THE UNIVERSITY OF SAN DIEGO
SCHOOL OF LAW, CONSUMER
PROTECTION POLICY CENTER, AND I
RESPECTFULLY ASK FOR AN AYE
VOTE. THANK YOU. PLEASE PROCEED.
GOOD MORNING, CHAIR AND MEMBERS,
REBECCA MARCUS, REPRESENTING THE
CONSUMER PROTECTION POLICY
CENTER OF THE UNIVERSITY OF SAN
DIEGO SCHOOL OF LAW. CPPC IS A
NONPROFIT, NONPARTISAN ACADEMIC
CENTER OF RESEARCH, TEACHING,
LEARNING AND ADVOCACY AND
REGULATORY AND PUBLIC INTEREST
LAW. FROM 2016 TO 2021, THERE
WERE CLOSE TO 70,000 GUNSHOT
WOUND INCIDENTS THAT RESULTED IN
DEATH OR REQUIRED URGENT MEDICAL
ATTENTION. 45% WERE THE RESULT
OF SELF-HARM, EITHER AN ACCIDENT
OR AN ACT OF SUICIDE. OF THE 15%
THAT WERE THE RESULT OF
INTENTIONAL SELF-HARM, THERE WAS
A 91.5% FATALITY RATE AS THE
DATA SHOWS, THERE ARE MANY WAYS
IN WHICH CALIFORNIA COMMUNITIES
ARE IMPACTED BY GUN VIOLENCE.
NOT ALL LEGISLATIVE BILLS TO
COMBAT GUN VIOLENCE SHOULD FOCUS
ON TARGETING CRIMINAL CRIMINALS
OR ILLEGAL FIREARMS. STRATEGIC
LEGISLATION SHOULD BE USED TO
HELP REDUCE THE NUMBER OF
UNNECESSARY DEATHS AND INJURIES
THAT IMPACT OUR CALIFORNIA
COMMUNITIES. FSCS WERE
ESTABLISHED SO EVERY FIREARM
OWNER COULD UNDERSTAND AND
FOLLOW FIREARM SAFETY PRACTICES.
THIS TEST REQUIRES THE APPLICANT
TO BE PROVIDED WITH INFORMATION
REGARDING RESPONSIBLE HANDLING
AND SECURING THE OWNER'S
FIREARM. PROPER TRANSFER OF A
FIREARM TO ANOTHER PERSON, AND
SUICIDE PREVENTION. CURRENT LAW
ONLY REQUIRES NEW FIREARM OWNERS
TO ACQUIRE A FIREARM WITHIN
CALIFORNIA. TO HAVE AN FSC,
THERE IS NO REQUIREMENT FOR
PERSONS WHO BRING FIREARMS FROM
OUT OF STATE TO COMPLETE THESE
REQUIREMENTS. SB 1253 WILL
SIMPLY CREATE PARITY AND REQUIRE
PERSONS WHO BRING IN FIREARMS
OUTSIDE OF CALIFORNIA TO ACQUIRE
FSC WITHIN 120 DAYS. THE
PROPOSED AMENDMENTS THAT WERE
JUST TAKEN WILL MAKE IT CLEAR
THAT THE SAME CATEGORIES OF GUN
OWNERS WHO ARE CURRENTLY EXEMPT
FROM OBTAINING AN FSC WILL
REMAIN EXEMPT UNDER THIS BILL.
THE CURRENT EXEMPTIONS INCLUDE
ACTIVE AND HONORABLY RETIRED
PEACE OFFICERS AND FEDERAL
OFFICERS, LICENSED FIREARM
DEALERS, FEDERALLY LICENSED
COLLECTORS, CONCEALED CARRY
PERMIT HOLDERS, AND SPECIFIED
HUNTING LICENSE HOLDERS, A
REQUIREMENT FOR ALL APPLICABLE
FIREARM OWNER TO TAKE THE
FIREARM SAFETY CERTIFICATE
COURSE WOULD LEAD TO A MORE
INFORMED FIREARM OWNERSHIP
POPULATION AND HELP REDUCE A
CONCERNING STATISTICS
PREVIOUSLY, PREVIOUSLY
MENTIONED. THANK THANK YOU AND
WE RESPECTFULLY ASK FOR YOUR I
VOTE. THANK YOU, THANK YOU,
THANK YOU. OTHERS IN SUPPORT,
PLEASE COME FORWARD. GOOD
MORNING. BRIAN RIX OF LOS
ANGELES UNIFIED SCHOOL DISTRICT
IN SUPPORT, AND I'D LIKE TO
OFFER ME TOS ON BEHALF OF THE
BRADY CAMPAIGN AND GIFFORDS.
OKAY. THANK YOU. SEEING NO
OTHERS IN SUPPORT, WE HAVE
OPPOSITION. SEEING NO OPPOSITION
. A MOTION AND A SECOND BY
SENATOR REYES AND
ASSEMBLYMEMBERS BURR. QUESTIONS
OR COMMENTS FROM COMMITTEE
MEMBERS. JUST A QUICK FOLLOW UP.
YES. MEMBER WILSON, JUST A
COMMENT FROM OPPOSITION. AND THE
ANALYSIS TALKS ABOUT
NOTIFICATION. HOW DOES THAT WORK
WHEN PEOPLE ARE COMING FROM OUT
OF THE STATE? HOW WOULD THEY
KNOW? IS THERE SOME KIND OF
POSTING WHEN YOU GO BUY AMMO OR.
YEAH, WELL, WE HAD ORIGINALLY
HAD THIS IN A FORMER BILL.
WE'RE, WE'RE WORKING ON THAT
LANGUAGE WITH THE DOJ.
CURRENTLY, THERE'S A FEW
DIFFERENT OPTIONS ON
NOTIFICATION THAT, YOU KNOW,
WE'RE CERTAINLY LOOKING AT, BUT
WE WANT TO MAKE SURE THAT FOLKS,
ONCE THEY COME IN THAT THEY DO
KNOW CLEARLY THAT THEY HAVE TO
OBTAIN AN FSC WHEN THEY
REGISTER, WHICH WOULD BE 60 DAYS
EVEN AFTER THE REGISTRATION
DATE. SO STILL WORKING ON THAT
LANGUAGE, BUT I DON'T KNOW IF
THERE'S ADDITIONAL INFORMATION
MY WITNESS WOULD LIKE TO ADD
JUST THAT UNDER CURRENT LAW, A
PERSON WHO COMES INTO THE STATE
MOVES INTO THE STATE WITH A
FIREARM, MUST NOTIFY THE
DEPARTMENT OF JUSTICE WITHIN 60
DAYS OF THE FIREARM. AND SO OUR
HOPE IS THAT WITH IT'LL JUST BE
PART OF THAT SAME NOTIFICATION
AND WE'RE WORKING THAT OUT WITH
DOJ. THANK YOU. OKAY. THANK YOU.
WE HAVE A MOTION AND A SECOND
SEEING NO MORE QUESTIONS OR
COMMENTS. YOU MAY CLOSE I JUST
WANT TO RESPECTFULLY ASK FOR AN
AYE VOTE. THANK YOU MR. CHAIR.
THANK YOU. PLEASE CALL THE ROLL
ON ITEM NUMBER FIVE, SB 1253 BY
SENATOR GONZALEZ. THE MOTION IS
TO PASS, AS AMENDED, TO THE
APPROPRIATIONS COMMITTEE.
MCCARTY. MCCARTY I ALANIS ALANIS
. NOT VOTING. LAKI LAKI. NØ.
NGUYEN REYES. REYES I TING.
WILSON. WILSON. AYE. ZUBIATE
ZUBER. AYE. THAT MEASURES ON
CALL. THANK YOU. OKAY SENATOR
WAHAB IS ON HER WAY FOR OUR
FINAL BILL.
REGULAR.
THANK.
YOU.
IT IS. THE MOST.
YES. WE'RE GOING TO DO, VOTE
CHANGES AND ADD ONS RIGHT NOW.
ON ITEM NUMBER SIX, SB 1416,
ALANIS, ALANIS I TÍNH ZIPPER.
ZIPPER. I YET OTHERS THAT I
THINK WERE MISSED. WAS HERE FOR
THE PORTANTINO AND NEWMAN. HI
THERE. OKAY, WE'LL DO IT
AFTERWARDS. YES OKAY. FINAL
BILL. ITEM NUMBER THREE SB 982.
SENATOR WAHAB, THANK YOU. WE'RE
DONE. ALL RIGHT. ALL RIGHT,
CHAIR AND MEMBERS, SB 982 SIMPLY
ELIMINATES THE JANUARY 1ST, 2026
SUNSET TO SUSTAIN THE CRIME OF
ORGANIZED RETAIL THEFT. THIS
BILL IS A PART OF THE SENATE
SAFER CALIFORNIA PLAN, AND
GOVERNOR NEWSOM'S RETAIL THEFT
PACKAGE. THIS PACKAGE IS
COMPRISED OF EVIDENCE BASED WAYS
TO ADDRESS THE FENTANYL CRISIS
THROUGH TREATMENT AND
PREVENTION, AND BILLS, COMBATING
RETAIL THEFT THROUGH CRIME
PREVENTION AND ENHANCED TOOLS
FOR LAW ENFORCEMENT. DESPITE THE
LIKELIHOOD OF UNDERREPORTED
RETAIL THEFT, ESPECIALLY LOW
VALUE THEFT, DATA SHOWS A 29%
JUMP IN REPORTED RETAIL THEFT
FROM 2019 TO 2022. ASIDE FROM
BIG RETAILERS, MANY SMALL
BUSINESSES ARE SUFFERING THE
CONSEQUENCES OF ORGANIZED RETAIL
THEFT AND OFTENTIMES DO NOT HAVE
THE SAME RESOURCES TO PROTECT
THEMSELVES. I CAN ATTEST TO THIS
BECAUSE MY PARENTS WERE SMALL
BUSINESS OWNERS. WHEN THEFT
WOULD OCCUR THAT ACTUALLY
REPLACING A WINDOW, A DOOR, THE
PRODUCT, TALKING TO INSURANCE,
IT'S A WHOLE ORDEAL AND WE DO
NEED TO PRIORITIZE THE VICTIMS.
IN CALIFORNIA, NEARLY HALF OF
SMALL BUSINESSES ARE OWNED BY
RACIAL AND ETHNIC MINORITY
GROUPS. MANY WHO ARE IMMIGRANTS
AS WELL. WHEN RETAILERS ARE
AFFECTED BY THESE CRIMES, THEY
TYPICALLY MAKE UP THOSE LOSSES
BY RAISING PRICES, REDUCING
HOURS, OR CLOSING THEIR STORES,
ULTIMATELY IMPACTING OTHER
CONSUMERS. EARLIER THIS YEAR,
ATTORNEY GENERAL ROB BONTA
ANNOUNCED CHARGES AGAINST A
RINGLEADER OF AN ORGANIZED
RETAIL CRIME SCHEME THAT SPANNED
21 COUNTIES ACROSS THE STATE AND
INVOLVED AN ESTIMATED $8 MILLION
WORTH OF LOSSES IN AUGUST 2023,
AG BONTA HAD ANNOUNCED ARRESTS
AND CHARGES AGAINST FOUR PEOPLE
ALLEGEDLY INVOLVED IN SMASH AND
GRAB ROBBERIES. TWO OF THE
SUSPECTS WERE ALSO ACCUSED OF A
CARJACKING THAT SAME MONTH.
ORGANIZED RETAIL THEFT IS NOT
SHOPLIFTING. IT IS CARRIED OUT
BY PROFESSIONAL INDIVIDUALS WHO
MAY BE LINKED TO OTHER VIOLENT
CRIMES. THIS PROVISION IS
INTENDED TO TARGET PROFESSIONAL
ORGANIZED PERPETRATORS, NOT LOW
LEVEL OFFENDERS. WITH ME TODAY
IN SUPPORT OF THIS BILL IS RYAN
ELAINE, DIRECTOR OF GOVERNMENT
AFFAIRS FOR THE CALIFORNIA
RETAILERS ASSOCIATION. THANK
YOU, CHAIR MCCARTHY. SENATOR.
MEMBERS OF THE COMMITTEE. AGAIN,
MY NAME IS RYAN ELAINE. ON
BEHALF OF THE CALIFORNIA
RETAILERS ASSOCIATION, SPEAKING
IN SUPPORT OF SB 982, THE
ORGANIZED RETAIL THEFT STATUTE
HAS BEEN AN EFFECTIVE TOOL IN
COMBATING ORGANIZED RETAIL
CRIME. THE STATUTE HAS RESULTED
IN MULTI-MILLION DOLLAR CASES
BEING PROSECUTED AND ORGANIZED
CRIME RINGS BEING DISMANTLED.
LET ME BE CLEAR. THESE ARE
ORGANIZED CRIME RINGS THAT
UTILIZE STEALING FROM RETAILERS
TO FUND OTHER CRIMINAL
ACTIVITIES, SUCH AS HUMAN
TRAFFICKING, DRUGS AND OTHER
VERY NEFARIOUS ACTIVITIES, NOT
JUST IN CALIFORNIA, BUT
THROUGHOUT THE UNITED STATES AND
OTHER PARTS OF THE WORLD. RETAIL
EMPLOYEES AND CUSTOMERS ARE
EXPERIENCING ORGANIZED RETAIL
THEFT DAILY, AND CALIFORNIANS
ARE DEMANDING THAT POLICYMAKERS
TAKE THIS ISSUE SERIOUSLY. BUT
BY ELIMINATING THE SUNSET ON THE
ORGANIZED RETAIL STATUTE,
ORGANIZED RETAIL THEFT STATUTE,
CRIMINALS NØ THEIR COORDINATED
CRIMINAL ACTIVITY WILL NOT BE
TOLERATED BY PASSING SB 982,
THIS COMMITTEE IS SETTING AN
EXAMPLE THAT ORGANIZED RETAIL
CRIME RINGS HAVE NO PLACE IN
CALIFORNIA. RETAIL STORES, AND
THE PRIORITY OF THE STATE IS TO
ENSURE RETAIL EMPLOYEES, RETAIL
CUSTOMERS IN THE NEIGHBORHOODS
WE OPERATE IN ARE FREE FROM THIS
ORGANIZED CRIMINAL ACTIVITY. I
JUST WANT TO LIST A FEW EXAMPLES
OF HOW THIS ORGANIZED RETAIL
THEFT STATUTE IS BEING USED.
LAST WEEK, PLACER COUNTY
DISTRICT ATTORNEY'S OFFICE
RECENTLY FILED CHARGES AGAINST A
MAN ACCUSED OF STEALING $17,000
WORTH OF MERCHANDISE FROM A
RETAILER IN ROSEVILLE, WITH THE
CHARGES INCLUDING ORGANIZED
RETAIL THEFT. LAST MONTH, LOS
ANGELES COUNTY LOS ANGELES
SHERIFF'S DEPARTMENT ORGANIZED
RETAIL THEFT CRIME TASK FORCE
ARRESTED EIGHT SUSPECTS ON
CHARGES OF ORGANIZED RETAIL
THEFT AND RECEIVING STOLEN
PROPERTY. AND THEN ALSO LAST
MONTH, THE SAN FRANCISCO
DISTRICT ATTORNEY'S OFFICE
CHARGED AN INDIVIDUAL WITH,
AMONG OTHER THINGS, SEVEN COUNTS
OF ORGANIZED RETAIL THEFT. I
RESPECTFULLY ASK FOR YOUR AYE
VOTE ON SB 982. THANK YOU. THANK
YOU. OTHERS IN SUPPORT, PLEASE
COME FORWARD. GOOD MORNING, MR.
CHAIR. MEMBERS RYAN SHERMAN WITH
THE RIVERSIDE SHERIFF'S
ASSOCIATION, THÀNH CALIFORNIA
NARCOTIC OFFICERS ASSOCIATION,
CALIFORNIA, SERVE PEACE OFFICERS
AND THE POLICE OFFICER
ASSOCIATIONS OF ARCADIA, BURBANK
, CLAREMONT, CORONA, CULVER
CITY, FULLERTON, MARIETTA,
NEWPORT BEACH, NOVATO, PALOS
VERDES, POMONA, RIVERSIDE, SANTA
ANA, UPLAND, AND DEPUTY SHERIFFS
ASSOCIATION OF PLACER COUNTY.
ALL IN SUPPORT. HOWEVER, WE ARE
IN OPPOSITION TO THE INOPERABLE
LU█T LANGUAGE. THANK YOU. GOOD
MORNING, TAMARA TOKAR, ON BEHALF
OF THE LOS ANGELES COUNTY
DISTRICT ATTORNEY'S OFFICE AND
SUPPORT, THANK YOU. GOOD
MORNING, NATALIE MCGOWAN WITH
POLITICAL SOLUTIONS ON BEHALF OF
TARGET AND SUPPORT. THANK YOU,
ETHAN AGUILAR. I'M HALF THE CITY
OF RANCHO PALOS VERDES, IS IN
SUPPORT. SERGEANT BERNIE OJEDA,
LOS ANGELES COUNTY SHERIFF'S
DEPARTMENT, ON BEHALF OF SHERIFF
ROBERT LUNA IN SUPPORT. ZACH
SOFIA WITH THE LEAGUE OF
CALIFORNIA CITIES IN SUPPORT.
KRISTIN SCHLUSSEL ON BEHALF OF
CALIFORNIA DISTRICT ATTORNEY'S
ASSOCIATION IN SUPPORT OF THE
BILL. LANGUAGE IN PRINT, BUT
WILL RESPECTFULLY OPPOSE SB 982
IF IT'S AMENDED TO INCLUDE THE
POISON PILL RENDERING THE BILL
AND OFFERS YOUR NAME AND
POSITION, PLEASE. THANK YOU.
NEXT, THANK YOU, MR. CHAIR DAVID
JONES, ON BEHALF OF THE CITY OF
STOCKTON IN SUPPORT OPPOSITION,
PLEASE. SEEING NO OPPOSITION, DO
WE HAVE A MOTION AND A SECOND?
WE DO QUESTIONS OR COMMENTS FROM
COMMITTEE MEMBERS. I'LL START.
AND WE SUPPORT THIS BILL. BUT
JUST WANT TO NOTE ON ON THIS
BILL, I SAID FOR ALL THE OTHER,
RETAIL THEFT BILLS, THE BILLS
BEING HEARD AS IS, THERE'S NO
LANGUAGE ABOUT URGENCY NOR AN
OPERABLE CLAUSE THAT COULD BE
ADDRESSED AT A FUTURE DATE. NOT
IN THIS COMMITTEE TODAY,
QUESTIONS OR COMMENTS? SEEING
NONE, YOU MAY CLOSE. I
RESPECTFULLY ASK FOR AN AYE VOTE
. OKAY. THANK YOU. ON ITEM
NUMBER THREE, SB 982 BY SENATOR
WAHAB, THE MOTION IS DUE. PASS
TO THE APPROPRIATIONS COMMITTEE.
MCCARTY A MCCARTY I ALANIS
ALANIS I LACKEY A LACKEY I
NGUYEN REYES REYES I TING WILSON
WILSON I ZABIR ZABIR I THAT
MEASURE PASSES. WE HAVE A FEW
MEASURES ON CALL AND WE'LL DO
ADD ONS AS WE'RE WAITING FOR THE
APPLICANT MEMBERS. YES LET ME
WAIT FOR NGUYEN NGUYEN AND MR.
TÍNH HERE. WE CAN FINISH HERE.
CLAIRE HOLD ON. SUMMER. EVERYONE
ELSE IS GOOD. EXCEPT.
ON ITEM NUMBER ONE, SB 53 BY
SENATOR PORTANTINO. THIS MEASURE
WAS ON CALL WHEN NGUYEN I TÍNH
IS MEASURE NOW PASSES ITEM
NUMBER TWO, SB 905 NGUYEN OAN
NGUYEN I TÍNH. ITEM NUMBER
THREE, SB 982 NGUYEN NGUYEN I
TING. ITEM NUMBER FOUR SB 1242
NGUYEN NGUYEN I TING. ITEM
NUMBER FIVE SB 1253 BY SENATOR
GONZALEZ. THIS MEASURE WAS ON
CALL WHEN? WHEN I TING. THIS
MEASURE NOW PASSES. ITEM NUMBER
SIX SB 1416 TING. ITEM NUMBER
SEVEN SB 1484. THIS MEASURE WAS
ALSO ON CALL WHEN I TING THAT
MEASURE NOW PASSES. ITEM NUMBER
EIGHT WAS PULLED BY COMMITTEE. I
WALK BACK OVER THERE.
YES. ON ITEM NUMBER ONE, SB 53.
TING TING I. ITEM NUMBER TWO, SB
905. TING TING I. ITEM NUMBER
THREE, SB 982. TING TING I. ITEM
NUMBER FOUR SB 1242. TING TING
I. ITEM NUMBER FIVE SB THREE
TING TING I. ITEM NUMBER SIX SB
1416 TING TING I. ITEM NUMBER
SEVEN SB 1484 TING TING I. AN
ITEM NUMBER EIGHT WAS PULLED BY
COMMITTEE. THANK YOU. THIS
CONCLUDES THE HEARING. WE WILL
ADJOURN.