UNTIL WE HAVE A QUORUM. BUT WE
WILL.
HOPEFULLY BEGAN BUT I NEED AN
AUTHOR.
I KNOW I'M AN AUTHOR. THAT OKAY.
BUT I THINK I WILL HOLD MY
PRESENTATION AND WE WILL GET OF
MISTER BRADFORD TO RETURN OR MR
REQUIRE EVEN MISTER JOHN SAWYER.
WHO ALSO SAID HE'S TEARING HIS
COMMITTEE CORRECT?
MISTER BRADFORD WOULD YOU LIKE
TO PRESENT YOUR BILL. GREAT.
ALRIGHT SO WE WILL BEGIN WITH.
SB NINE SEVENTY EIGHT. AND.
THERE IS NOT ANY CONSENT
CALENDAR ON HER AGENDA THIS
MORNING AND WE ARE HEARING FOR
BILL.
RIGHT NOW. WE'RE IN. THE MORNING
THANK YOU MADAM CHAIR I'M HERE
TO PRESENT AS THREE NINE SEVENTY
EIGHT AND THIS SIMPLY WILL
REQUIRE A LAW ENFORCEMENT
AGENCIES TO POST. THEIR POLICIES
PROCEDURES AND TRAINING
MATERIALS UNDER DEPARTMENT
WEBSITE. AS LONG AS IT DOESN'T
CONFLICT WITH THE ODD EXEMPT
WHAT IS EXEMPT UNDER CALIFORNIA
PUBLIC RECORD RECORD JACK. AS
YOUR WHERE I AUTHORED A. SP
THREE FORTY FIVE LAST YEAR
WHICH.
UNFORTUNATELY GOVERNOR VETOED.
AFTER WORK WITH THE GOVERNMENT
STAFF HE ASKS IS THAT NEAR THE
BOTH OF BILL DOWN TO. REMOVE THE
REQUIREMENT FOR STATE AGENCIES
WHICH WE HAVE OVER THIRTY LAW
ENFORCEMENT AGENCIES ALREADY
VOLUNTARILY POST THEIR MATERIAL
ON THEIR WEBSITE WITH THE THE
MORE ADDING AND.
.
THE MORE THE FALL I SHOULD SAY
HELLO TO ME THIS BILL WILL BE
SPONSORED BY THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION
SUPPORTED BY. ELECTRONIC
FRONTIER FOUNDATION AS WELL AS A
SEAL YOU.
MCAULIFFE CALIFORNIA NEWSPAPERS
PAUL CHRISTIANS ASSOCIATION. AND
SAVE LOCAL AGENCIES TIME AND
MONEY TO RESPOND TO REQUESTS. TO
REMOVE THE BURDEN ON COMMUNITY
MEMBERS TO ACCESS THIS DATA SO
IT'S JUST A STRAIGHT FORWARD
TRANSPARENT YOU MEASURE SSB
SEVEN EIGHT.
NINE IS MAKES SENSE IT'S COST
SAVINGS. AND IT WILL REDUCE THE
NEED FOR. THE PUBLIC TO COME IN
AND I REQUEST THIS ALL WITH ME
THE DAY I ALPHA NEVADA COUNTY
ATTORNEY SUSAN LAUGH AND ON
BEHALF OF THE CALIFORNIA PUBLIC
DEFENDERS. ASSOCIATION
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU.
FIRST ONCE YOU MAY PROCEED IN
MORNING MY NAME IS SUSAN LEFT ON
THE NEVADA COUNTY ASSISTANT
PUBLIC DEFENDER I'M ALSO ON THE
BOARD OF C. PDA CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION.
I'M I WANT TO START BY
CLARIFYING THE SP NINE SEVENTY
EIGHT MAKES NO SUBSTANTIVE
CHANGES TO THE CALIFORNIA PUBLIC
RECORDS ACT. THE ONLY THING THAT
CHANGES IS THE PROCEDURE BY WAY
MEMBERS OF THE PUBLIC CAN
RECEIVE THE INFORMATION FROM
THEIR LOCAL LAW ENFORCEMENT
AGENCIES. CURRENTLY.
IF YOU WANT TO GET. CURRENTLY
IF YOU WANT TO GET INFORMATION
ABOUT THE POLICIES AND
PROCEDURES OF YOUR LAW
ENFORCEMENT AGENCY YOU HAVE TO
MAKE A CALIFORNIA PUBLIC RECORDS
REQUEST. SOME AGENCIES ARE GREAT
AT FOLLOWING THROUGH AND DO SO
IN A TIMELY MANNER WHILE OTHERS
DON'T. ON THIS BILL WILL REDUCE
THE NEED FOR MONEY SPENT ON
STAFF MEMBERS OR LAW ENFORCEMENT
AGENTS TO STAND IN FRONT OF COPY
MACHINE AND MAKE COPIES OF THESE
POLICIES AND PROCEDURES.
THE LAW ENFORCEMENT AGENCIES ARE
ALREADY REQUIRED BY LAW TO
RELEASE THE INFORMATION THAT
WE'RE REQUESTING THE OPPOSITION
CONCEDES THAT IN THEIR IN THEIR
PAPERS.
I JUST WANT TO POINT OUT MANY OF
YOUR LOCAL LAW ENFORCEMENT
AGENCIES ARE ALREADY DOING THIS.
SENATOR ANDERSON PROBABLY KNOWS
THAT THE SAN DIEGO SHERIFF'S
DEPARTMENT FOR EXAMPLE HAS THEIR
POLICIES AND PROCEDURES ONLINE.
THE BERKELEY POLICE DEPARTMENT
HAS ITS ONLINE.
THAT SENATOR WINNER KNOWS IT
SAN FRANCISCO ALREADY HAS ITS
ONLINE AND PUT THE BALL
BULLETINS EACH YEAR ONLINE AS
WELL.
THIS DOESN'T BREAK DOWN BY RED
OR BLUE OR BIG OR SMALL
DEPARTMENTS ITS RULE DEPARTMENTS
CITY DEPARTMENTS SMALL
DEPARTMENTS BIG DEPARTMENTS
SHERIFF'S DEPARTMENTS IT'S
POLICE DEPARTMENTS.
WHY ARE THEY ALREADY DOING THIS
WELL BECAUSE IT'S COST EFFECTIVE
IT'S A WAY TO PROVIDE ACCESS IF
IT INCREASES TRUST IN FOSTER'S
BETTER COMMUNITY RELATIONS? AND
LASTLY I WOULD JUST LIKE TO
REMIND YOU THAT CALIFORNIA POST
ALREADY PROVIDES FORTY THREE
LEARNING DOMAINS ONLINE THAT
INFORMATION IS ALREADY
ACCESSIBLE TO THE PUBLIC.
IF THIS IS ALL CONSISTENT WITH
PRESIDENT OBAMA'S TASK FORCE
RECOMMENDATION TO MAKE POLICIES
AVAILABLE FOR THE PUBLIC AND. I
WELCOME ANY QUESTIONS YOU MIGHT
HAVE WE RESPECTFULLY ASK FOR
YOUR I VOTE ON THIS BILL. THANK
YOU.
OTHER WITNESSES IN SUPPORT.
LIZZY BEGIN WITH THE ACLU OF
CALIFORNIA AND SUPPORT.
THE MORE WITH A CALIFORNIA NEWS
PUBLISHERS ASSOCIATION I JUST
WANT TO NOTE THAT IT SUNSHINE
WEEK RIGHT NOW AND BOTH OF THIS
BILL PROMOTES THE POLICIES OF
SUNSHINE WEEK. PUBLIC RECORD
SHOULD BE IN THE PUBLIC DOMAIN
SO WE URGE AND I VOTE.
NASSER HERNANDEZ MAY HAVE THE
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE AND SUPPORT.
ANY OTHER WITNESSES AND SUPPORT.
ANY WITNESSES IN OPPOSITION.
MORNING MADAM CHAIR MEMBERS CORY
SAYS OVER HERE ON BEHALF OF THE
CALIFORNIA STATE SHERIFFS
ASSOCIATION. AS HE OFTEN THE
PROPONENTS NOTE THIS BILL COVERS
INFORMATION.
THAT IS ALREADY COVERED BY THE
PUBLIC RECORDS ACT THERE'S NO
DISPUTE THERE AND HERE AE. IN
OPPOSITION UNFORTUNATELY TO THE
BILL. OF THE DIFFERENCES IS THAT
UNDER THIS BILL.
ALL LOCAL LAW ENFORCEMENT
AGENCIES WOULD HAVE TO
DETERMINE.
WHAT'S DISCLOSE A BOWL IN
ADVANCE. AS OPPOSED TO DOING IT
IN RESPONSE TO A SPECIFIC PUBLIC
RECORDS ACT REQUEST. FOR THE
REALITY IS IF IF SOMEBODY NEVER
ASKED TO SEE A PARTICULAR.
REGULATION OR POLICY.
DIDN'T THE CALCULUS IS NOT NEED
TO BE DONE IN ADVANCE SO YOU SAY
THAT STAFF TIME AND RESOURCES.
AGENCIES ARE GONNA SPEND UNTOLD
HOURS DECIDING WHICH OF THE
THOUSANDS OF DOCUMENTS AND
POLICIES AND STANDARDS
CONTEMPLATED BY THIS BILL CAN BE
RELEASED.
AND THAT'S GOING TO REQUIRE
SIGNIFICANT SUMS OF PUBLIC
RESOURCES ONCE THAT'S DONE.
HAVING ONLINE SURE WILL SAVE
RESOURCES BUT.
THE OTHER REALITY WE HAVE TO
REMEMBER IS THAT ONCE THEY'RE
POSTED THESE THINGS ARE OFTEN
UPDATED OR CHANGED OR REPLACED.
AND SO THERE WOULD BE ADDITIONAL
TIME AND RESOURCES SPENT ON THAT
PROCESS. ALL TO AFFIRMATIVELY
PUBLISH INFORMATION THAT MAY
ULTIMATELY BE OF INTEREST TO. TO
NOBODY.
THE NOTION THAT THE SAVE TIME
AND MONEY IS PERPLEXING.
THE BILL IS CERTAINLY MORE
NARROW NOW THAT THE THEN THE
VETOED VERSION FROM LAST YEAR.
BUT ONLY IN AS MUCH AS IT
REMOVES APPLICATION TO STATE
AGENCIES OTHER THAN POST.
WE JUST THINK UNFORTUNATELY
WITH RESPECT TO THE OFF OF THAT
SB NINE SEVENTY EIGHT IS AN
UNNECESSARY UNFUNDED MANDATE. WE
WOULD MISS.
STRONGLY RESPECTFULLY REGION OF
A.
ANY OTHER WITNESSES IN
OPPOSITION.
RIGHT SEEING NINE DO WE HAVE ANY
QUESTIONS ON.
FROM THE COMMITTEE.
AS SENATOR ANDERSON.
SO I'M TRYING TO.
DEMAND FROM THIS SO SOME OF THE
SHERIFF'S.
ALREADY DOING THIS.
AND.
.
HOW WERE THEY ABLE TO FIGURE
OUT?
HOW TO GET IT DONE?
IT SEEMS TO ME THAT IT WOULD BE.
SINCE THESE LARS.
OUR STATEWIDE LARS.
WHY DO WE NEED?
MORE PEOPLE DOING IT WHITE WHY
CAN'T JUST BE DONE ON A
STATEWIDE.
BASIS RIGHT SO IF SANDIEGO IS
DONE AT ONE.
THE B. ALMOST IDENTICAL TO
ORANGE COUNTY'S WHICH WOULD BE
IDENTICAL TO RIVERSIDE.
YOUR ANSWER WHAT WHAT WHAT WHY
WOULD WHY WOULD EACH CARRY HAVE
TO DO SOMETHING ENTIRELY
DIFFERENT. YOU WOULD THINK SO
SIR BUT THE THE CHALLENGES THAT
EVERYBODY'S COMING UP WITH THEIR
OWN POLICIES AND PROCEDURES. AND
BECAUSE OF THAT THE POLICIES AND
PROCEDURES IN SAN DIEGO DIFFER
FROM THOSE IN BERKELEY AT WHICH
DIFFER FROM THOSE IN SAN
FRANCISCO. EVERY LAW ENFORCEMENT
AGENCIES COMING UP WITH ITS OWN
RULES AND POLICIES AND
PROCEDURES IN THE COMMUNITIES.
DON'T HAVE A STANDARDIZED WAY OF
GETTING THAT WE CAN START WITH
CALIFORNIA POST WE KNOW THAT ALL
LAW ENFORCEMENT AGENCIES ARE
TRAINING THEIR LOOK. LAW
ENFORCEMENT OFFICERS THROUGH
POST FIRST.
WHICH IS GREAT THAT'S ALL
STANDARDIZED AND IT'S ALL
ONLINE.
BUT FROM THERE THEN THE OFFICERS
GO BACK TO THEIR OWN LOCAL
AGENCIES AND THEN THEY'RE
TRAINED IN LOCAL CULTURE LOCAL
RULES LOCAL PROCEDURES LOCAL
POLICIES.
THOSE ARE THE ONES THAT WE CAN'T
GET ACCESS TO ANOTHER SAID
EARLIER IT'S VERY INCONSISTENT
SOME AGENCIES ARE GREAT ABOUT
PROVIDING SOME AGENCIES. HAVE
TURNED AWAY MY CPR A REQUEST AND
JUST SIMPLY RETURN THE MINE
OPENED.
SO BECAUSE IT'S SO AND EVEN WE
NEED EVERYBODY TO BE FOLLOWING
THE SAME SET OF RULES
CONSISTENTLY AND EVERYBODY TO BE
PUTTING THEIR FORMATION ONLINE
JUSTICE CALIFORNIA POST ALREADY
DOES AND JUST AS MANY AGENCIES
ALREADY DO. WHEN YOU MADE THE
PUBLIC RECORDS REQUEST IT WAS
RETURNED UNOPENED GUESSER.
I DID YOU SUE THEM.
WELL I WOULD'VE BUT FOR THE FACT
THAT GOING FROM SAN FRANCISCO TO
FRESNO IS TRICKY FOR ME.
AND INVOLVES MONEY AND EVEN
SOMEONE WHO'S PRIVILGE TO BE AN
ATTORNEY HAS A HARD TIME DOING
THAT THAT WOULD HAVE BEEN THE
RIGHT RESPONSE.
BUT I DON'T HAVE THE TIME OR THE
ENERGY OR THE MONEY TO GO AND DO
THAT I EVEN HAD MY. REQUEST HAND
DELIVERED BY A FRESNO FEDERAL
PUBLIC DEFENDER INVESTIGATOR.
I SENT IT BY MAIL IT GOT
RETURNED HE HAD SOMEBODY WALK
INTO THEIR OFFICE IT WAS
RETURNED TO ME. THEY'RE NOT
GOING TO COMPLY UNLESS I SUE
THEM AND I DON'T HAVE THE TIME
AND ENERGY TO DO THAT.
AND I'M PRIVILEGED SO THE PEOPLE
WHO DON'T HAVE THAT PRIVILEGE IN
THE TIME OF THE ENERGY AREN'T
GOING TO GET THE RECORDS ARE
REQUESTING THAT'S THE PROBLEM.
THEN HOW MANY OF THE COUNTIES
ARE CURRENTLY DOING IT. I HAD
TO.
BETWEEN TWENTY AND THIRTY IN
CALIFORNIA AND THEN ANOTHER.
I WOULD SAY NEARLY TWO DOZEN
ACROSS THE COUNTRY.
SO.
.
IF IT'S TWENTY ACTS ONE THIRD OF
ALL THE COUNTIES.
IN CALIFORNIA MORE THAN ONE
THIRD.
YES SIR BUT AS YOU KNOW
DIFFERENT COUNTIES HAVE
DIFFERENT AGENCIES WITHIN THE
COUNTY SO FOR EXAMPLE.
SAN DIEGO HAS WITHIN IT THE
SHERIFF'S DEPARTMENT WHO ARE
ALREADY PUTTING THERE'S ONLINE
YET YOU ALSO HAVE THE DIFFERENT
POLICE DEPARTMENT SOME OF WHOM
ARE.
PUTTING THERE'S ONLINE MOST OF
WHOM IN YOUR COUNTY OR NOT.
ARE.
WITH ALL THOSE COUNTIES DOING
IT.
WHY DIDN'T ANY OF THEM SENT A
LETTER OF SUPPORT IF IT'S SAVING
THE MONEY? I WOULD THINK THAT
THEY WOULD BE PROUD AND.
LOUD ABOUT THEIR.
.
BEST PRACTICES YOU WOULD THINK
SO.
THANK YOU. SIR.
I'M SORRY MARY OF. POINT OUT ONE
THING THAT SOME AGENCIES THAT
ARE DOING IT ARE VERY PROUD AND
LOUD FOR EXAMPLE THE ONE THAT'S
POINTED OUT IN YOUR. MATERIALS
THAT WERE FILED SANTA ANA POLICE
DEPARTMENT IS VERY PROUD A LOT
ABOUT THE FACT THAT THEY'RE
TRANSPARENT. OTHER AGENCIES THAT
ARE DOING IT OUR PROBLEM LOT
ABOUT IT SACRAMENTO POLICE
DEPARTMENT I BELIEVE IS ONE OF
THEM BUT. OUR PROBLEM LET ON
THEIR WEBSITE.
WHY WOULD THEY SEND A LETTER OF
SUPPORT FOR THE BILL THEN IF
THEY THINK IT'S THE BEST
PRACTICE THEIR INVITE? I'M
TRYING I'M. I'M TRYING TO
UNDERSTAND THIS FULLY YESTERDAY
GOVERNOR VETOED IT ARE. NON
WHITE WALL WAS A WIDER BILL.
THIS IS MORE NARROW YES ARE
GIVEN VETO TO. THE PEOPLE WHO
ARE DOING IT SUCCESSFULLY OR NOT
IN SUPPORT OF IT. YOU'RE NOT
OPPOSING HERE EITHER MADE A
SILENT ON AN ISSUE. ON I GET
THAT BUT USUALLY IF YOUR. BEST
PRACTICES I MEAN.
I WOULD THINK THAT THEY WOULD
WANT TO TAKE A.
.
A MOMENT TO BRAG ABOUT
THEMSELVES YOU WOULD THINK THAT
LAW ENFORCEMENT AS A WHOLE WOULD
BE EMBRACING THIS BUT. THEY'RE
NOT SO YOU HAVE THOSE COUNTIES
THOSE AGENCIES TO SEE THE
BENEFIT OF THIS AND WHETHER THEY
SUPPORT THIS BILL OR NOT I THINK
THEY SEE THE COMMON SENSE OF
THIS PRACTICE THAT WE'RE TRYING
TO MOVE FORWARD AND. CHANGE THE
OVERALL OUT TO LAW ENFORCEMENT
MAKING MAKING THEIR AGENCIES FAR
MORE TRANSPARENT THEY'RE VERY
MUCH OPPOSED TO THAT.
I WOULD ONLY ADD THAT THE PROOF
IS IN THE PUDDING THE FACT THAT
THEY'RE ALREADY DOING IT SHOWS
THAT THEY SUPPORT IT THEY AREN'T
DOING IT BECAUSE YOU'VE MANDATED
THEM TO DO SO THEY'RE DOING IT
BECAUSE IT MAKES SENSE. BECAUSE
THEY'RE DOING IT THAT AGAIN THE
PROOF IS IN THE PUDDING IT MAKES
SENSE IT'S NOT A COUP BY OUR
THING IT'S A WE WANT THIS
MATERIAL OUT THERE SO WE DON'T
HAVE TO DO ALL THE CPR A REQUEST
IT'S THERE IT'S ON OUR WEBSITE.
GO FIND IT YOURSELF.
WHY IT WOULD BE GREAT IF ONE OF
THEM WAS HERE TO TESTIFY TO SEE
THAT BUT WHAT IF THEY POSTED ON
THE WEB AND I STILL GET THE
REQUEST AND WE STILL GET ALL THE
STUFF THAT HASN'T SAVE THE
MONEY?
AND THE REASON WHY THEY'RE NOT
SENDING A LETTER IS
DURING VARIOUS I DON'T WANNA SAY
THAT THEY TRIED IT DIDN'T WORK.
THAT THEY'RE STILL HAVING
COSTUME TALKING ABOUT NOT THE
TRANSPARENCY SIDE FROM THE CAR
SIDE.
I'M I'M JUST TRYING TO.
NORMALLY I WOULD. GO TAKE A
VICTORY LAP. IN BRAG ABOUT IT.
THE FACT THAT THEY AREN'T
CONCERNS ME BECAUSE I'M AFRAID
THAT THEY'RE GONNA GO TO ALL THE
COSTS OF DOING IT. AND NOT HAVE
ANY SAVINGS TO BE SHOWN OVER
TIME.
SO THANK YOU SIR.
I'M I'M GONNA WILL INTERRUPT AND
ESTABLISH QUORUM.
SECRETARY TO CALL THE ROLL.
SKINNER HERE HERE HERE ANDERSON.
ANDERSON HERE BRADFORD THERE
BRADFORD HERE JACKSON MITCHELL
HERE MITCHELL HERE'S DOWN.
WINNER.
I'M.
OKAY SO I'M IN A.
NOTE FURTHER QUESTIONING I'M
GOING TO ASK MISTER BRADFORD TO
CLOSE BUT BEFORE YOU DO SO.
INDICATE THAT THE BILL IS
NARROWED AS YOU POINTED OUT
COMPARED TO WHAT WAS VETOED LAST
YEAR. AND WE HEARD THIS BILL
LAST YEAR THERE WERE NO SUCH
LETTERS.
OF SUPPORT AND CENTER ANDERSON
THAT.
YOU'VE BEEN INQUIRING ABOUT AND
I THINK THIS IT LEAST IN MY
EXPERIENCE IT'S PRETTY COMMON
FOR US NOT TO NECESSARILY GET.
INDIVIDUAL JURISDICTIONS LETTERS
IN MATTERS LIKE THIS.
I.
.
WE HAVE RECOMMENDED RECOMMENDED
TO.
SUPPORT FOR THE BILL BUT YOU
ALLOW.
SENATOR BRADFORD CLIPS. THANK
YOU MADAM CHAIR ON AS STATED IN
MY OPENING THIS IS JUST A COMMON
SENSE MEASURE THAT SIMPLIFIES.
LIFE FOR THOSE INDIVIDUALS WHO
CHOOSE TO ACCESS THIS
INFORMATION AND ALSO PROVIDES A
SEAMLESS WAY FOR THE COMMUNITY
TO REACH OUT ONLINE AND FIND OUT
WHAT THOSE PRACTICES PROCEDURES
ARE. IN EACH INDIVIDUAL AGENCY.
MANY TIMES AS THEY ARE FORCED
TO COME IN IN PERSON.
WITH THE PUBLIC RECORDS REQUEST
AND PAY FOR PHOTOCOPYING OF
MATERIAL AGAIN WHICH IS A TOTAL
WASTE OF TIME THIS IS A
STREAMLINED MEASURE ALL WE'RE A.
STATE AND A NATION THAT'S GOING
TOWARD TECHNOLOGY IN MAKING THIS
AVAILABLE.
VIA THEIR WEBSITE IN INTERNET
IS COMMON SENSE AND IT. SUPPORTS
THE BAR BROAD BASED APPROACH TO
COMMUNITY BASED POLICING THIS IS
JUST ANOTHER ARM OF COMMUNITY
BASED. POLICING AND MAKING.
THEY'RE.
AGENCY FAR MORE EXCEPT
ACCEPTABLE TO THE COMMUNITY AND
PROVIDES A TRANSPARENCY THAT WE
ALL HOLD SO I RESPECTFULLY ASK
FOR A VOTE.
WE HAVE A MOTION ON THE BILL. SO
MOVED.
.
RIGHT
AND WE WILL TAKE LOCAL.
IT'S BEEN NINE SEVENTY EIGHT
BRADFORD MOST IS THE PASTOR
PREPARATIONS SCANNER. I INNER
EYE ANDERSON. ANDERSON NOW
BRADFORD BRADFORD I JACKSON
MITCHELL. MITCHELL ICE DOWN
WINNER.
WE'LL HOLD THE BILL TO OUR OTHER
MEMBERS AND SHOW UP THANK YOU
AND NOW WE WILL MOVE TO SENATOR
MAGUIRE'S.
THIS IS SP EIGHT NINE SIX.
OKAY.
GOOD MORNING MADAM CHAIR AT
WANNA TAKE MOMENT SAY THANK YOU.
FOR YOUR DILIGENT WORK ON THIS
BILL AND I ALSO WANT TO SAY
THANK YOU TO YOUR FANTASTIC
STAFF IS WELL. AND GOOD MORNING
MEMBERS AND THERE IS NO DOUBT
THAT CALIFORNIA IS FACING A NEW
REALITY WHEN IT COMES TO OUR
CLIMATE.
THE SIZE AND SCOPE OF WILD
ENVIRONMENTS IN THIS GREAT STATE
ARE ONLY GETTING WORSE. FIVE
CALIFORNIA'S TOP TWENTY MOST
DESTRUCTIVE WILDFIRES TOOK PLACE
IN TWO THOUSAND SEVENTEEN. IN
THIS UNPRECEDENTED DEVASTATION
THAT OCCURRED DURING THE OCTOBER
FIRESTORM IN NORTHERN
CALIFORNIA.
IS NOW RANKED AS THE MOST DEADLY
AND DESTRUCTIVE IN MODERN
AMERICAN HISTORY. IN THE THOMAS
FIRES SOUTHERN CALIFORNIA'S NOW
RANKED THE LARGEST IN CALIFORNIA
HISTORY. BACK IN TWO THOUSAND
SIXTEEN.
THE COUNTY.
THE COUNTY SUFFERED THROUGH THE
CLINTON FIRE. THAT FIRE BURN
TENS OF THOUSANDS OF ACRES NEAR
LOWER LAKE DESTROYED THREE
HUNDRED STRUCTURES. INCLUDING A
HUNDRED EIGHTY NINE HOMES.
CLEARLAKE RESIDENT WAS ARRESTED
FOR IGNITING THE DESTRUCTIVE
CLEAN FIRE.
WHICH SHATTERED THE LIVES OF
HUNDREDS OF CALIFORNIANS.
THE SUSPECT WAS CHARGED WITH
SEVENTEEN COUNTS OF ARSON.
INCLUDING AGGRAVATED ARSON FOR
IGNITING THE CLEAN FIRE. COULD
BE FACING TWENTY YEARS IN
PRISON.
THERE ARE THREE POSSIBLE WAYS TO
BE CONVICTED OF AGGRAVATED ARSON
WHICH THIS BILL IS FOCUSED ON.
NUMBER ONE.
ANY PRIOR ARSON CONVICTIONS
WITHIN THE LAST TEN YEARS. TO
DAMAGE YOUR DESTRUCTION OF FIBER
MORE INHABITED STRUCTURES OR
NUMBER THREE PROPERTY DAMAGE IN
OTHER LOSSES IN FIRE SUPPRESSION
COSTS IN EXCESS OF SEVEN MILLION
DOLLARS. THE THIRD. FACTOR HAS
BEEN HISTORICALLY SUBJECT TO A
SUNSET DATE WHICH IS ALLOWED THE
LEGISLATURE TO BE ABLE TO ADJUST
THE DAMAGE LOSS AMOUNT FOR
INFLATION. THIS FACTOR IS
PARTICULARLY IMPORTANT IN CASES
OF WILD AND FIRES WHERE THERE
MAY NOT BE IN HABIT STRUCTURES
DAMAGED BUT FIRE SUPPRESSION
COSTS WERE EXTREMELY HIGH. SB
EIGHT NINETY SIX WILL EXTEND THE
SUNSET DATE OUR STATE'S
AGGRAVATED ARSON STATUTES. UNTIL
JANUARY FIRST OF TWENTY TWENTY
FOUR AN INCREASE OF THRESHOLD
AMOUNT FROM SEVEN MILLION TO
SEVEN POINT THREE MILLION. TO
ACCOUNT FOR INFLATION. AGAIN
THIS PENALTY IS RESERVED FOR THE
WORST OF THE WORST ARSONISTS TO
EXHIBIT SPECIFIC INTENT TO
INFLICT DAMAGE TO THEIR
COMMUNITIES OR CONTINUING THREAT
TO SOCIETY. THIS BILL IS NOW
IMPORTANT NEVER AND I HAVE WITH
ME TODAY MADAM CHAIR AT TIFFANY
MATTHEWS WITH THE CALVARY
DISTRICT ATTORNEYS ASSOCIATION.
AS WELL AS LIEUTENANT NORM
TAYLOR WITH THE LAKE COUNTY
SHERIFF'S OFFICE AND I WOULD
RESPECTFULLY ASK FOR AND I
THOUGHT.
FIRST WITH.
GOOD MORNING TEARING MEMBERS
TIPPED ME MAP VIEWS ON BEHALF OF
THE CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION WE'RE THE
PROUD SPONSOR OF SB EIGHT NINETY
SIX BY SENATOR MCGUIRE. AND I
WAS AN INTERNMENT WIRE STATED
THIS BILL WOULD EXTEND THE
SUNSET DATE ON THE STATES
AGGRAVATED ARCHED EIZENSTAT YOU.
AND ADJUST FOR INFLATION THE
PASTORAL THEM OUT FROM SEVEN
MILLION TO SEVEN POINT THREE
MILLION.
AS YOU KNOW CALIFORNIA
SUSCEPTIBLE TO WILD LAND FIRES
DUE TO YEARS OF DROUGHT AND
CLIMATE CHANGE. AS THE EIGHT
NINETY SIX GIVES PROSECUTORS THE
ABILITY TO HOLD A PERSON
ACCOUNTABLE FOR DAMAGE THEY
CAUSED BY ARSON. WEATHER MAY NOT
HAVE BEEN TO STRUCTURES
DESTROYED THE DAMAGES AND FIRE
SUPPRESSION COSTS WERE HIDING IN
THE LAST.
I RESPECTFULLY ASK DRIVE UP.
ADDITIONAL WITNESSES GO AHEAD.
GOOD MORNING MADAM CHAIR MEMBERS
MY NAME IS NORM TAYLOR A
MILITARY WITH THE LAKE COUNTY
SHERIFF'S OFFICE AND I'M HERE
THIS MORNING TO SPEAK ON BEHALF
OF MY AGENCY AS WELL AS SHARE
FRIEND MARTIN WHO WAS UNABLE TO
ATTEND.
CALIFORNIA'S BEEN HIT WITH
DEVASTATING WILDFIRES AND OVER
THE PAST FEW YEARS THAT'S
THAT'S.
NOT SOMETHING THAT'S NEW TO ANY
OF US HERE. IN LAKE COUNTY WE'VE
BEEN HIT ESPECIALLY HARD FOR
THREE YEARS IN A ROW.
HAVING SUBSTANTIAL FIRES AND
DESTROYING PROPERTY AS WELL AS
HOMES. SOME OF THESE FIRES HAVE
BEEN ACCIDENTAL BUT MANY OF THEM
WERE THE RESULT OF DELIBERATE
MALICIOUS ACTS OF ARSON.
THE AGGRAVATION AGGRAVATED ARSON
STATUTE HAS GIVEN PROSECUTORS
THE TOOLS NEEDED. TO PUNISH HE
SERIAL ARSONIST WHO ACT.
TO DESTROY MULTIPLE DWELLINGS
AND THOSE.
WHO BECAUSE OVERWHELMING
FINANCIAL DAMAGE OUR
COMMUNITIES?
IN AUGUST OF TWENTY SITEEN THE
CITIZENS OF LAKE COUNTY FELL
VICTIM TO THE DELIBERATE ACTS OF
A SERIAL ARSONIST.
WHEN THE CLAYTON FIRE WAS
STARTED.
FIRE.
THE FIRE DESTROYED THREE HUNDRED
STRUCTURES AS IT BURNED THROUGH
THE TOWN OF LOWER LIKE.
THE ARSONIST WAS ARRESTED AND
CHARGED WITH STARTING THE
CLAYTON FIRE AS WELL AS SIXTEEN
OTHER FIRES IN RULE AREAS OF
LAKE COUNTY. I THINK THAT
PORTION IS SIGNIFICANT AS THOSE
FIRES. WERE STOPPED AND.
AND KEPT FAIRLY MINIMAL BUT
THEY WERE IN RULE AREAS THAT
VERY WELL COULD HAVE BEEN.
BURNED FOR TENS OF THOUSANDS IF
NOT HUNDREDS OF THOUSANDS OF
ACRES CAUSING POTENTIALLY THESE.
DOLLAR FIGURES THAT THAT THAT
THIS BILL IS INTENDED TO
ADDRESS.
IT'S IMPORTANT THAT WE CONTINUE
TO HOLD SUCH PUBLIC SAFETY
THREATS ACCOUNTABLE FOR THEIR
ACTIONS AND SP EIGHT NINETY SIX
WILL HELP ACCOMPLISHES. FOR THIS
REASON I SUPPORT THIS
LEGISLATION AND THINKCENTRE
MAGUIRE FOR BRINGING THIS
FORWARD. I'M HAPPY TO ANSWER ANY
QUESTIONS YOU MAY HAVE. AND I
RESPECTFULLY REQUEST AND I BOTH
IN SUPPORT.
OTHER WITNESSES IN SUPPORT WE
JUST NAME AND AFFILIATION.
HUNTER MEMBERS DAMN FOOLS OUT ON
BEHALF THE LOS ANGELES COUNTY
DISTRICT ATTORNEY'S OFFICE AND
SUPPORT.
GOOD MORNING MADAM. MADAM CHAIR
AND MEMBERS CAROLING WITHIN ON
THE COUNTY BOARD OF SUPERVISORS
THIS BILL COMPLIMENTS EFFORTS
THEY'RE TRYING TO. MOVE FORWARD
TO PREVENT THIS KIND OF WILDFIRE
DEVASTATION FUTURE NASCAR DRIVER
TODAY THANK YOU.
GOOD MORNING MADAM CHAIR MEMBERS
OF SHOW MUCH ON BEHALF OF THE
CALIFORNIA STATE SHERIFFS
ASSOCIATION SUPPORT THING.
ANY OTHER WITNESSES IN SUPPORT.
ANY WITNESSES IN OPPOSITION.
COMMITTEE MEMBERS HAVE ANY.
QUESTIONS OR MOVE THE BILL.
ALRIGHT. SENATOR ANDERSON I'M
GOING TO BE ADDED AS A CO
AUTHOR.
WE'VE
THE SENIOR COUNTY GOING THROUGH
PLENTY OF OUR FAIR SHARE OF
FIRES AND ARSON. FREQUENTLY IS
THE ISSUE SO.
.
THANK YOU EXCELLENCE AND WILL
DO.
CENTER REQUIRED TO LIKE CLOSE.
GREAT FOR YOUR TIME READING
CHAIR AND COMMITTEE MEMBERS
WOULD RESPECTFULLY ASK FOR AN
IPO THINK YOU'VE RELATIVE TO BE
HERE.
SO THE MOTION IS TO PASS TO
APPROPRIATIONS. AND WE WILL DO A
ROLL CALL. SKINNER LIFE SKINNER
I ANDERSON. ANDERSON I BRADFORD.
JACKSON MITCHELL BY MID JULY
STONE WINNER.
SO WE'LL HOLD ROLL OPEN CENTER
WIRE TO MY OTHER COMMITTEE
MEMBERS JOIN US AND WE WILL NOW
MOVE TO. ITEM FOR MAYBE TEN
SIXTY FIVE ASSEMBLY MEMBER
JOINTS WHERE.
FELLOW CHAIR OF THE PUBLIC
SAFETY COMMITTEE AND THE OTHER
HOUSE.
YOU.
REMEMBER YOU MAY BEGIN WELL
THANK YOU MADAM CHAIR MEMBERS.
EIGHTY TEN SIXTY FIVE ADDRESSES
THE GROWING ISSUE OF ORGANIZED
RETAIL CRIME WHICH IS AFFECTED
LOCAL BUSINESSES AND COMMUNITIES
THROUGHOUT THE STATE. AND TWENTY
SEVENTEEN THE NATIONAL RETAIL
FEDERATION ENOUGH IN OUR EFFORTS
CONDUCTED THE ORGANIZED RETAIL
CRIME SURVEY AND FOUND THAT
ORGANIZED RETAIL THEY HAVE
CONTINUED TO BE A PERVASIVE.
PROBLEM WITHIN THE INDUSTRY THE
SURVEY STATED THAT NINETY FIVE
PERCENT OF THE MERCHANTS
REPORTED HAVING BEEN A VICTIM OF
COORDINATED THEFT. RESULTING IN
REVENUE LOSSES ESTIMATED AT
THIRTY BILLION DOLLARS PER YEAR.
WHAT CALIFORNIA OFTEN CREATES
MODEL STATUTES REPLICATED IN
OTHER STATES? IN THE CASE OF
ORGANIZED RETAIL CRIME THIRTY
FOUR STAES HAVE ALREADY ADOPTED
STATUTE SPECIFIC TO THIS CRIME.
EACH STATE HAS CRAFTED A STATUE
SPECIFIC TO THEIR NEEDS. AB TEN
SIXTY FIVE HAS BEEN DRAFTED TO
ADDRESS AT THIS PROJECT
PERVASIVE PROBLEM WHILE
PRESERVING THE PUBLIC SAFETY
REFORMS ALREADY IN PLACE. AS YOU
MAY KNOW SEVERAL BILLS
ATTEMPTING TO ADDRESS THIS ISSUE
WERE INTRODUCED LAST YEAR.
UNFORTUNATELY ALL OF THOSE
PROPOSALS CONTAIN APPROACHES TO
THIS ISSUE THAT COULD NOT
SUPPORT DESPITE THE AUTHOR'S
ATTEMPTS TO NEARLY ADDRESS
CAREER CRIMINALS ENGAGED IN
ORGANIZED CRIME. RETAIL THEFT AT
THE TIME I COMMITTED TO WORKING
WITH STAKEHOLDERS TO IDENTIFY A
MULTI PRONGED APPROACH. BOUNCED
ENOUGH TO PROVIDE OUR CRIMINAL
JUSTICE REFORMS THAT HAVE. BEEN
AFTER FIVE.
IRV ARE CRUEL GESTURE REFORMS
THAT HAVE BENEFITED ALL
CALIFORNIANS BUILT BEFORE YOU
TODAY IS THE PRODUCT OF THIS
COLLABORATION.
SPECIFICALLY AB TEN FIFTY FIVE
DOES THE FOLLOWING. CREATES A
NEW ORGANIZED RETAIL CRIME
STATUTE PUNISHABLE WITH A
WAFFLER.
ALLOWS LAW ENFORCEMENT TO TAKE
AN INDIVIDUAL INTO CUSTODY ON AN
ARREST FOR ANY MISDEMEANOR. IF
THEY HAVE BEEN CONVICTED CITED
OR ARRESTED OF DEATH FROM
RETAILERS TWICE WITHIN THE
PREVIOUS YEAR.
EXPANDS JURISDICTION FOR THEFT
CASES AND ALLOWS AUTHORITIES TO
COMBINE THEFT INCIDENCES ACROSS
MULTIPLE COUNTIES. AB TEN SIXTY
FIVE WAS CRAFTED IN A MANNER TO
EXCLUDE THAT FOR PERSONAL USE.
IS NOT MY INTENTION TO
INDUCEMENT INCLUDE PEOPLE
STEALING FOOD. SIMPLY BECAUSE
THEY ARE HUNGRY. I INTRODUCED
HIS BILL TO ADDRESS
SOPHISTICATED CRIME RINGS
THEY'RE TAKING ADVANTAGE OF
LOOPHOLES IN OUR STATE LAW.
WITH ORGANIZED RETAIL CRIME
ACTIVITY BECOMING PERVASIVE LOST
FACILITATING BETTER
COLLABORATION BETWEEN LAW
ENFORCEMENT AND BUSINESSES ARE
NECESSARY TO IMPROVE OUR JUSTICE
SYSTEM'S RESPONSE WE HAVE A
BROAD COALITION FROM BUSINESS.
LABOR AND LAW ENFORCEMENT IN
SUPPORT OF THIS BILL HERE WITH
ME TODAY IS MICHELLE JONES
SENIOR DIRECTOR OF ASSET
PROTECTION FOR RITE AID. AND JIM
ARABY EXECUTIVE DIRECTOR USC W.
WESTERN STATES COUNCIL.
UNDER THE THIRD PERSON HERE BUT.
WHAT WILL FIGURE IT OUT?
IT.
WOULD YOU LIKE YOUR WITNESSES TO
PROCEED YES RIGHT GO AHEAD.
THANK YOU OF BUILDING BRODSKY
CALIFORNIA RETAILERS
ASSOCIATION.
OF WHAT YOU HAVE IN FRONT OF YOU
IS A PRODUCT OF A BOTTLE. FOUR
YEARS OF WORK BUT OF BUT INTENSE
WORKING FOR THE LAST NINE
MONTHS.
I NEED TO THANK ASSEMBLY MEMBER
JOHN SAWYER FOR HIS EFFORTS UP I
NEED TO THANK CHAIRMAN SKINNER
FOR HER EFFORTS.
I NEED TO THANK THE STAFF PUBLIC
SAFETY ASSEMBLY AND SENATE.
FOR THEIR HELP.
I PARTICULARLY NEED TO THANK THE
GOVERNOR'S OFFICE FOR STEPPING
UP OF WHEN WE CAME TO THEM WITH
THIS PROBLEM.
.
I BROUGHT MICHELLE JONES HERE
SENIOR LOSS PREVENTION PERSON
RITE AID AND WANTED HER TO
DESCRIBE HOW WE INTEND TO USE
THIS LAW.
SO I'LL TURN OVER MICHELLE.
GOOD MORNING MADAM AND MEMBERS
MY NAME IS MICHELLE JONES AND
I'M A RETAIL ASSET PROTECTION
PRACTITIONER WHO'S BEEN IN THIS
INDUSTRY FOR OVER THIRTY YEARS.
I START OFF MY CAREER AS A STORE
DETECTIVE AND HAVE FIRST HAND
KNOWLEDGE OF WHAT RETAILERS AND
LAW ENFORCEMENT FACES WITH THESE
ORGANIZED RETAIL THEFT CRIMES.
I AM HERE TODAY TO SHARE WITH
YOU MY AND WRITE A FULL SUPPORT
FOR AB TEN SIXTY FIVE. IS NOT
ONLY A BILL THAT WILL ADDRESS
THE ORGANIZED RETAIL THEFT IT
WILL ALSO ADDRESS THEORY SAFETY
CONCERNS IN OUR STORES. LET ME
SHARE WITH YOU THE REASONS WHY I
BELIEVE THIS BILL IS CRITICAL TO
CALIFORNIA.
THIS BILL ADDRESSES THE INCREASE
IN AGGRESSIVE SHOPLIFTING
ACTIVITY THAT ARISES OUT OF PROP
FORTY SEVEN WHICH WE DO
SHOPLIFTING TO A MISDEMEANOR OF
PRODUCTS SOLD IN LESS THAN NINE
FIFTY. THIS IS EMBOLDENED
SHOPLIFT LIFTERS WHO ORGANIZED
IN TEAMS. THIS ANGRY INCREASE IN
AGGRESSIVE BEHAVIOR WAS
IMMEDIATE ONCE A CRIMINAL'S
UNDERSTOOD THE CHANGE IN LAW.
THE CRIMINAL SHOPLIFTERS NO
THERE IS NO PENALTY AND VERY
LITTLE RISK. THEY WALK INTO OUR
STORES AND LARGE TEAMS AND
OVERTAKE A STORE. THESE TEAMS
WILL PUSH SHOVE AN ASSAULT OR
ASSOCIATES IF WE ATTEMPT TO STOP
THEM BECAUSE THERE'S JUST NO
FEAR.
WE HAVE HAD TO COACH OUR
ASSOCIATES TO BACK OFF BECAUSE
MANY TIMES IS JUST TOO DANGEROUS
FOR THEM TO APPROACH.
THIS BILL OF RIGHTS PROVIDE A
PORTAL TO LAW ENFORCEMENT AND
ADDRESSES THIS ISSUE.
THIS BILL ALSO ADDRESSES THE
CONCERNS WITH AGGREGATION
LANGUAGE AND ALLOWS LAW
ENFORCEMENT TO CHARGE SUBJECTS
WITH A FELONY. IF THERE IS
THREE-OR MORE SHOPLIFTING
INCIDENTS
WHICH EQUATES TO A TOTAL OF OVER
NINE FIFTY IN ONE YEAR. FOR
EXAMPLE TODAY A TEAM OF
SHOPLIFTERS CAN STEAL NINE
HUNDRED FORTY NINE DOLLARS OR
LESS IN FIVE DIFFERENT STORES IN
ONE AFTERNOON. IN EACH ONE OF
THESE INCIDENTS IS TREATED AS A
SIMPLE MISDEMEANOR.
CALIFORNIA IS ATTRACTING THIS
LEVEL SHOPLIFTING BECAUSE OF THE
LACK OF.
RC LEGISLATION AN AGGREGATION
THIS PAST MONTH IN TEXAS THERE
WAS OVER THREE QUARTERS OF A
MILLION DOLLARS OF OVER THE
COUNTER PRODUCT RECOVERED. A SIX
X. SIGNIFICANT AMOUNT OF THIS
PRODUCT HAS BEEN TRACED BACK TO
FASTEN CALIFORNIA.
THIS AGGREGATION LANGUAGE ALLOWS
LAW ENFORCEMENT TO INVESTIGATE
AND DH TO PROSECUTE THESE TYPES
OF CASES. THIS IS NOT THE CASE
NOW BECAUSE HE'S OFFENSES ARE
TREATED AS SIMPLE MISDEMEANORS.
THIS BILL ALSO ALLOWS US TO
PRESS CHARGES TO THESE TEAMS
WHEN THEY CROSSED JURISDICTIONS
EVERY SHOPLIFTERS APPREHENDED IN
ONE JURISDICTION THIS JERK IS
JURISDICTION EXTENDS TO WHERE
THE OTHER OFFENSES OCCURRED.
AND AS YOU HEARD EARLIER THIRTY
FOUR OTHER STATES CURRENTLY HAVE
A WORSE THE LEGISLATION ON THE
BOOKS. CALIFORNIA DOES NOT AND
WE ARE ONE THE LARGEST
ECONOMIES.
CALIFORNIA'S LONG OVERDUE FOR
THIS OR SEE LEGISLATION AND SO
WE ASK YOU TO PASS THIS BILL TO
ALLOW US TO ADDRESS THESE
ORGANIZED RETAIL THEFT TEAMS IN
OUR STORES. THANK YOU.
NEXT WITNESS.
THANK YOU MADAM CHAIR MEMBERS OF
MY NAME IS JIM ABBY IN THE
EXECUTIVE DIRECTOR OF THE UNITED
FOOD AND COMMERCIAL WORKERS
WESTERN STATES COUNCIL. AND
WE'RE HERE TO URGE YOUR EYE
BELOW ON THIS BILL. UFCW HAS
ALWAYS BEEN SUPPORTER OF
CRIMINAL JUSTICE REFORMS AND
SECOND CHANCES BECAUSE THEY HAVE
ALLOWED THOSE FORMERLY
INCARCERATED.
AN EQUAL OPPORTUNITY TO EARN A
LIVING WAGE THE LABOR MOVEMENT
RECOGNIZES THE TREMENDOUS VALUE
OF PROVIDING THESE INDIVIDUALS
THE ABILITY TO CONTRIBUTE TO THE
ECONOMY. A MEANINGFUL ROLE IN
SOCIETY OFTEN LEADS TO
SUCCESSFUL REHABILITATION
REINTEGRATION INTO THE
COMMUNITY.
AND REDUCES RECIDIVISM. HOWEVER
ORGANIZED RETAIL THAT HAS BEEN
AN ONGOING PERVASIVE ISSUE IN
OUR INDUSTRIES.
WE HAVE ALWAYS FOUGHT TIRELESSLY
FOR GOOD WORKING CONDITIONS AND
HIGHER WAGES. WHEN STORES ARE
IMPACTED BY THAT SO OUR WORKERS.
YES HE DID HE STRIVES TO
MAINTAIN A SAFE WORKING
ENVIRONMENT FOR WORKERS WITH
SUCH ACTIVITY OCCURRING IN THE
WORKPLACE. OUR MEMBERS WERE ALAN
SENSE OF SECURITY IS SHAKEN.
WEEK KNOWLEDGE THE NEED TO
CHANGE THE CIRCUMSTANCES OUR
MEMBERS ARE FACED WITH WHEN
ORGANIZED RETAIL CRIME MANIFEST
IN THE STORES THAT THEY WORK IN.
THE BUILDING FOR YOU DOES JUST
THAT AB TEN SIXTY FIVE HAS BEEN
CRAFTED IN A WAY TO ENSURE OUR
PRISON SYSTEM ISN'T FURTHER
EXACERBATED. BY LOW LEVEL TASKS
SUCH AS THE HIGH SCHOOL KIDS
DEALING FOR THE FIRST TIME THIS
BILL TAKES MORE TARGETED
APPROACH. AND ADDRESSES THOSE
STEALING THROUGH LARGE ORGANIZED
CRIMINAL ENTERPRISES. FOR THE
MORE EXTREME THAN THE EXISTING
ENFORCEMENT TO ENSURE THE
ACTIVITY CAN BE PROSECUTED IN
VARIOUS JURISDICTIONS WHERE
OFFENSES OCCURRED ALLOWS LAW
ENFORCEMENT TO UTILIZE EXISTING
MECHANISMS TO APPREHEND. ONLY
THOSE THAT HAVE DEMONSTRATED
INVOLVEMENT WITH ORGANIZED THEFT
RINGS. WE COMPLEMENT THE AUTHORS
AND THANK THE COMMITTEE STAFF
FOR WORKING WITH STAKE HOLDERS
ON A BALANCED APPROACH. NARROWLY
TAILORED TO ADDRESS INHABITABLE
AN ORGANIZED ACTIVITY.
AND THE LAST THING I WANT TO SAY
IS YOU KNOW WHILE SUMS SOME GAME
PLAY POLITICS HERE OUR MEMBERS
CANNOT WAIT FOR POLITICS TO
CHANGE AND WE WE REALLY URGENTLY
NEED. OF FIXING THE SOLUTION WE
URGE YOUR VOTE FOR A B. TEN
SIXTY FIVE THANK YOU VERY MUCH.
THREE OF THE OTHER WITNESSES IN
SUPPORT.
MADAM CHAIR MEMBERS AMY BROWN ON
BEHALF OF SAFEWAY ALBERTSONS AND
SUPPORT THANK YOU.
BUT I'M SURE MEMBERS DAN FILLS
OUT ON BEHALF THE LOS ANGELES
COUNTY DISTRICT ATTORNEY'S
OFFICE AND SUPPORT.
MICHELLE THOMAS SHAH
REPRESENTING ALAMEDA COUNTY
DISTRICT ATTORNEY NEEDS HIM OUT
IN SUPPORT.
GAIL STEWART ON BEHALF OF SAN
DIEGO COUNTY DISTRICT ATTORNEY
SUMMER SOFT STEPHAN IN SUPPORT.
THE MORNING MADAM CHAIR MEMBERS
STACEY DOLLY ON BEHALF OF TARGET
CORPORATION AND THE HOME DEPOT
AND WANT TO ECHO THE COMMENTS
AND THINKING. ON THE AUTHORS AND
THE GOVERNOR'S OFFICE FOR
WORKING CLOSELY WITH THE
SUDDENNESS.
ANY OTHER WITNESSES IN SUPPORT
ABOUT WITNESSES IN OPPOSITION.
RIGHT QUESTIONS BY THE.
COMMITTEE MEMBERS.
GO AHEAD SENATOR ANDERSON I'D
BE HAPPY TO MOVE THE BILL.
GRAPES WE HAVE THE BILL MOVED.
.
I WANTED TO JUST EXPRESS THE MY
APPRECIATION FOR THE VERY
THOROUGH PROCESS THAT THE
STAKEHOLDERS ENGAGED IN.
BECAUSE CLEARLY WHEN THERE WAS
SOME DISCUSSION OF THIS LAST
YEAR.
OF FOLKS LIKE MYSELF WANTED TO
AVOID A CIRCUMSTANCE WHERE WE
WERE YOU KNOW.
IS SWEEPING UP INDIVIDUALS WHO.
.
IF FOR EXAMPLE MIGHT FOR THE
FIRST TIME BE SHOPLIFTING OR
OTHER TYPE OF CIRCUMSTANCES LIKE
THAT AND I THINK THAT THE BILL
HAS BEEN CRAFTED VERY CAREFULLY
AND AND AS OBVIOUSLY.
FROM THE INDICATION OF THE
WITNESSES AND THE AUTHOR THERE
WAS REALLY A VERY.
THOROUGH PROCESS WITH.
.
SPEAKING TO FOLKS TO FIGURE OUT
HOW TO DO THIS.
I RAISE THAT. SUBSEQUENT TO THE
DISCUSSIONS THAT I WAS INVOLVED
IN I THEN OBSERVED THAT.
.
THE NOT MY DISTRICT BUT VERY
CLOSE BY.
THERE WAS A WAREHOUSE IN FREMONT
CALIFORNIA. THAT THE POLICE IN
FREMONT WERE MONITORING BECAUSE
THEY'D NOTICE THAT THERE WAS.
DIS. LOT OF ACTIVITY. AND THEN
THERE WERE CONTAINERS IN THIS
WAREHOUSE THAT WERE THEN BEING
TAKEN TO THE PORT OF OAKLAND.
THEY WERE BEING FILLED UP AND
BEING TAKEN TO THE PORT OF
OAKLAND AND SHIPPED ELSEWHERE.
ANY CONTAINERS WHAT THEY WERE
BEING FILLED UP WITH WERE
SMALLER CHRONIC.
AND THE SMALLER CHRONIC SAID
BEEN STOLEN.
AND THE IT WAS A FAMILY THAT WAS
RUNNING THIS ENTIRE OPERATION.
AND DIE MUCH OF THE GOODS WERE
NOT NOT ALL THEY WERE FROM ALL
OVER BUT WE'RE FROM. SAN
FRANCISCO AND BUT IT WAS THE
FREMONT POLICE WHO CRACKED IT
BECAUSE OF THEIR MONITORING OF
THIS WAREHOUSE.
AND SO I THINK THAT.
IN THIS.
I THINK THAT YOUR BILL HELPS TO
GET AT THOSE PEOPLE THAT WERE.
WERE IN EFFECT SELLING TO THAT A
FAMILY WHO WERE THEN. FILLING
THOSE CONTAINERS AND SENDING
THEM OVER.
SO MUCH OF MY RECOMMENDATION FOR
THE BILL IS A.
SUPPORT. AND WE HAVE NOW A
MOTION.
ANALYSTS THERE'S ANY OTHER
COMMENT I WILL ALLOW SIMPLY
MEMBER JOHN SWEAR TO CLOSE. AND
I WANT TO THANK EVERYONE OF THE
GOVERNOR'SOFFICE OF. PUBLIC
SAFETY IN THE SENATE. AND IN IN
OUR PARTNERS IN THIS BECAUSE
IT'S TRULY BEEN A COLLABORATIVE
EFFORT. UM AS SOMEONE WHO'S. WHO
DON'T ALWAYS ENJOY A LAW
ENFORCEMENT SUPPORT ON MY BILLS
AND I'M PROBABLY ALUMNI MEMBER
OF THE JOB KILLER BILL?
TO HAVE THE CAL CHAMBER OF
ENDORSE ONE OF MY BILLS IS A I
MADE A FRAME THAT.
AND ALSO HAVE FOOD AND. THEY
ALSO HAVE SUPPORT ACROSS PARTY
LINES IS EXTREMELY IMPORTANT.
EXPRESSLY ARE WHEN IT COMES TO
THIS THIS BILL AND I AND I LEAVE
YOU WITH THIS.
.
YOU CAN GET THESE THINGS DONE
THROUGH THE LEGISLATIVE PROCESS
AND I THINK IT'S REALLY
IMPORTANT THAT WE GET TEN SIXTY
FIVE DONE. IT WILL. GET TO
SOLVING THE PROBLEM QUICKLY AND
IMMEDIATELY.
BUT MOST IMPORT I THINK WILL
SHOW THAT BOTH HOUSES CAN GET
THINGS DONE ADMINISTRATIVELY
BASED ON THE FACT THAT WE ARE
TOUGH ON ON CRIME. BUT WE ALSO A
VERY VERY STRONG A
REHABILITATION AND SO WITH THAT
I ASK FOR YOUR SUPPORT.
THANK YOU SO WE WILL TAKE A ROLL
CALL.
SKINNER EMOTION IS DO YOU PASS
TO APPROPRIATIONS CORRECT
SCANNER. BY SKINNER I ANDERSON
ANDERSON I BRADFORD.
JACKSON.
BRADFORD I JACKSON MITCHELL HIGH
PITCH OF ICE DOWN WINNER.
BUT.
THANK YOU WITH THE BILL WE WILL.
HOLDER ALL OPEN UNTIL MY
MISSING COMMITTEE MEMBERS SHOW
UP. AND. WE WILL I AM NOW
TURNING THE GAVEL OVER TO MY
LAST YEAR SENATOR ANDERSON WELL
I GO TO THE. DESK AND PRESENT
MARTEL.
WE ARE AN AUTHOR. AN AUTHOR
PREPARED.
YEAH.
DONE.
AND.
YEAH.
RIGHT.
YEAH. OVER HERE.
SENATOR AHEAD NON PROCEED WITH
SP ONE ZERO TWO FIVE. THANKS SO
MUCH.
MEMBERS. SP TWO TEN TWENTY FIVE.
RESTORES JUDICIAL DISCRETION FOR
CERTAIN NON VIOLENT DRUG CRIMES.
DRUG CRIMES AS WE KNOW ARE OFTEN
THE RESULT OF A PERSON'S
ADDICTION.
AND WE NOW KNOW THAT TREATING
THE ADDICTION DIRECTLY CAN OFTEN
ACHIEVE BETTER OUTCOMES THAN
INCARCERATION.
IN THE PAST CALIFORNIA'S PASS
LAWS PROHIBITING JUDGES FROM
DISCRETION. IN PROHIBITING
JUDGES FROM WEIGHING THE
CIRCUMSTANCES OF THE CASE AND
FOR EXAMPLE GRANTING PROBATION
IN CERTAIN IN CASES THAT THEY
FELT WERE THIS WAS APPROPRIATE.
MANDATORY MINIMUM SENTENCES WERE
THEN REQUIRED REGARDLESS OF THE
CIRCUMSTANCES OF THE CASE.
THERE'S NO NATIONAL BIPARTISAN
CONSENSUS GROWING WITH RESEARCH
BACKED BY ENTITIES LIKE THE
NATIONAL ACADEMY OF SCIENCES THE
HERITAGE FOUNDATION AND MANY
MORE. THAT I FOUND IT MANDATORY
MINIMUMS HAVE FAILED TO REDUCE
DRUG CRIMES. DRUG AVAILABILITY
OR DRUG USE.
SO WHAT ELSE BE TEN TWENTY FIVE
DOES. IS ALLOW JUDGES THE
DISCRETION TO WEIGH THE FACTS OF
THE CASE HAND OF THE PERPETRATOR
THE PERSON BEING ACCUSED OF THE
OFFENSE.
AND TO THEN.
GRANT PROBATION. FOR CERTAIN NON
VIOLENT DRUG CRIMES IT DOES NOT
REMOVE THE JUDGE'S ABILITY
SENTENCE IF THE JUDGE CHOOSES TO
SENTENCE.
IN THAT CASE THAT'S BEFORE THEM
OF COURSE THEY MAY.
SO I WOULD LIKE TO HAVE MY ARM.
WITNESSES AND SUPPORT I HAVE
JUDGE HARLAN GROSSMAN FROM
COUNTRY COSTA COUNTY. AND THAT
GLENN BACK IS FROM THE DRUG
POLICY ALLIANCE IN NYC. NEXT TO
OUR OWN FRIEND WHO IS AN
ATTORNEY WITH THE LA COUNTY
PUBLIC DEFENDER'S OFFICE.
GOOD MORNING.
I'M HARLAN GROSSMAN I'M A
RETIRED JUDGE FROM CONTRA COSTA
COUNTY.
A RETIRED SIX YEARS AGO AFTER
TWENTY ONE YEARS OF JUDICIAL
SERVICE.
I WAS A PROSECUTOR FOR NINE
YEARS BEFORE BECOMING A JUDGE.
MY RETIREMENT COINCIDED WITH THE
IMPLEMENTATION OF MAYBE ONE OH
NINE PUBLIC SAFETY REALIGNMENT.
SINCE MY RETIREMENT I'VE BEEN
ACTIVE IN CRIMINAL JUSTICE
POLICY ADVOCACY.
I'M PRESENT THIS MORNING TO
ADVOCATE IN FAVOR OF SB TEN
TWENTY FIVE.
WHICH WOULD REPEAL THE PROBATION
ELIGIBILITY AND BAR TOO
SUSPENSION OF SENSES PROVISIONS
FOR CERTAIN ENUMERATED NON
VIOLENT DRUG OFFENSES.
THEREBY RESTORING JUDICIAL
DISCRETION TO IMPOSE APPROPRIATE
SENTENCES.
TAILORED TO THE INDIVIDUAL
CIRCUMSTANCES OF EACH DEFENDANT
THAT COMES BEFORE THE COURT.
THIS LEGISLATION DOES NOT REDUCE
THE MAXIMUM SENTENCES FOR THE
OFFENSES.
RESTRICTIONS ON JUDICIAL
DISCRETION IN SENTENCING DO NOT
SERVE AS A DETERRENT TO CRIME.
RATHER THEY ONLY SERVE TO LIMIT
THE DISCRETION AND TIE THE HANDS
OF THE JUDGE INVOLVED IN THE
ADJUDICATION. DISPOSITION AND
RESOLUTION OF THESE CASES.
IT MAKES LITTLE SENSE TO LIMIT
JUDICIAL DISCRETION IN THE
SENTENCING OF THESE MATTERS.
WHEN JUDGES RETAIN AN EXERCISE
OF DISCRETION ON MUCH WEIGHTIER
ISSUES.
SUCH AS WHETHER TO IMPOSE THE
DEATH PENALTY WHETHER TO STRIKE
A STRIKE CONVICTION WHETHER A
CASE SHOULD PROCEED IN JUVENILE
COURT OR BE TRANSFERRED TO THE
CRIMINAL COURT WHICH WOULD BE
ADULT COURT.
WHEN IT COMES TO SENTENCING
CALIFORNIA NOT HAVE A ONE SIZE
FITS ALL APPROACH.
MANDATORY MINIMUM SENTENCES ARE
NOT AFFECTED IN ANY WAY
INCLUDING NOT BEING COST
EFFECTIVE.
IN ACTING SENATE BILL TEN TWENTY
FIVE WILL PERMIT MORE EFFECTIVE.
CASE BASED SENTENCING AND MORE
EFFICIENT USE OF CALIFORNIA'S
CRIMINAL JUSTICE RESOURCES. I'M
ASKING FOR A VOTE ON THE
LEGISLATION.
THANK YOU NEXT WITNESS.
THANK YOU MISTER CHAIR NEXT
THRILLED WITH THE CALIFORNIA
PUBLIC DEFENDERS ASSOCIATION
HERE FOR THE ASSOCIATION NOT THE
ONLY COUNTY.
DEFENDER'S OFFICE AM I WANTED
TO JUST TAKE A MOMENT TO THANK
THE COMMITTEE FOR CONSIDERING
THE BELL AND I WANTED TO
SPECIFICALLY SUGGEST.
SERVER HUMAN FACE THIS ISSUE WE
HAVE A CLIENT IN MY OFFICE HIS
NAME I WILL. SAY IS ALICE.
SHE WAS TWELVE YEARS OLD THE
FIRST TIME SHE CAME TO CANADA
HAIR WHEN HER MOTHER A HEROIN
ADDICT ASKED HOUSE TO HELP HER
INJECT HER MOTHER WITH HEROIN.
BECAUSE HER MOTHER'S GAINS A
COLLAPSE THE ONLY AVAILABLE
VEINS FOR THIS TWELVE YEAR OLD
GIRL TO. USE WHERE THE MY WAY
INTO HER MOTHER'S GROWING. I
HOPE THAT STORY MAKES YOU FLINCH
IT CERTAINLY DID ME THE FIRST
TIME I HEARD IT.
SIX YEARS LATER AUS PICKED UP
HER FIRST DRUG CONVICTION EIGHT
YEARS AFTER A PERIOD OF RECOVERY
HOUSE WAS BACK ON THE STREETS
AND PICKED UP HER SECOND. DRUG
CONVICTION.
UNDER THIS LAW HOUSE WAS NOT
ELIGIBLE. FOR PROBATION AND
CONSEQUENTLY IS SERVING A COUNTY
JAIL STATE PRISON SENTENCE AS WE
SPEAK. AM THIS IS ON AN
ANACHRONISM THIS LOT WE DO NOT
HAVE LAWS ON THE BOOKS
REQUIRING.
ELIMINATE JUDICIAL DISCRETION
WHEN SOMEONE ATTACKS SOMEONE
TWICE WITH SOMEONE POSSESSES
GUNS TWICE WITH SOMEONE I WOULD
ARRANGE THE DEADLY WEAPONS TWICE
BUT FOR SOME REASON THIS LONG
STANDING HOLDOVER OF THE WAR ON
DRUGS.
TIES JUDGE'S HANDS FOR PEOPLE
LIKE ALICE. AND I THINK
REASONABLE PEOPLE CAN DISAGREE
ON THE NEED FOR STATE PRISON IN
PARTICULAR DRUG CASES BUT I
THINK EVERY PERSON COULD AGREE
THAT THERE ARE SOME DRUG CASES
EVEN SECOND ONES. WHICH SHOULD
NOT RESULT IN STATE PRISON
SENTENCE WHEN THEY'RE PROVEN
ALTERNATIVES THAT ARE FAR MORE
EFFICIENT WHETHER YOU'RE
CONSERVATIVE OR LIBERAL WHETHER
YOU'RE A DEFENSE ATTORNEY
PROSECUTOR AND JUDGE WE ALL
KNOW.
THAT WHEN YOU TRY THIS
SLEDGEHAMMER APPROACH TO
SOMETHING AS COMPLICATED AS
ADDICTION YOU'RE GONNA GET
PEOPLE HURT. IN A WAY THAT'S NOT
GONNA MAKE THE REST OF US SAFER
WHICH IS WHY WE SUPPORT THIS
BILL. DRIVE.
WHEN BACK IS STRUCK BY A FEELING
FOR THE CO SPONSORS IN SUPPORT.
YOU DO HAVE OTHER WITNESSES AND
SUPPORT.
LIZZY BEGIN WITH THE ACLU
CALIFORNIANS SUPPORT.
BECAUSE YOU'RE HERNANDEZ AND WE
HAVE THE CALIFORNIA ATTORNEYS
FOR CRIMINAL JUSTICE AND
SUPPORT.
JIM LINDBERGH ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
IN CALIFORNIA IN SUPPORT.
AND DO WE HAVE OUR WITNESSES IN
OPPOSITION.
HAVE ANY OTHER QUESTIONS.
ARE.
JUST TELL ME WHAT WOULD SURVEY
LIKE TO MAKE A MOTION.
THANK YOU SENATOR MITCHELL AND
WOULD YOU LIKE TO CLOSE.
THANK YOU SENATOR ANDERSON.
I WANTED TO ADD
TO PICK UP ON IN MY CLOTHES. AND
SOME COMMENTS FROM THE. PUBLIC
DEFENDERS.
AND THAT IS THAT.
WE.
IN THINKING ABOUT THIS WHILE WE
MAY WELL THERE MAY BE.
.
A RANGE OF OPINIONS AS TO WHAT
IS THE APPROPRIATE RESPONSE TO A
SECOND OFFENSE. I THINK IT IS
CERTAINLY JERMAINE THAT WE HAVE.
A MULTIPLICITY OF OTHER OFFENSES
SUCH AS. A GUN GUN U. SIR GUN
POSSESSION. SOUTHERNER VIOLENT
OFFENSES WHERE WE DO NOT HAVE
MANDATORY MINIMUM SENTENCES AND
WHERE WE DO GIVE THE JUDGE SOME
DISCRETION.
AND SO TO ME TO NOT HAVE THE
ABILITY FOR THE JUDGE TO HAVE
DISCRETION IN A CIRCUMSTANCE
LIKE THIS I THINK IS WHAT WE'RE
REALLY TRYING TO CORRECT. AND.
FOR THAT I ASK FOR YOUR I BOUGHT
THIS BILL DOES THAT.
I WOULD GO AHEAD AND TAKE A ROLL
CALL IN I BELIEVE THAT.
IS THIS BILL GOING TO
APPROPRIATIONS.
SKINNER.
RIGHT SKINNER I ANDERSON ON
ANDERSON I BRADFORD. JACKSON
METAL ON METAL ICE DOWN WINNER.
WE. WILL BE.
THANK YOU REMEMBER.
YES THANK YOU
WE WILL.
CALL THE ROLL NOW.
ON THE BILLS THAT. CONSIDER
BRADFORD IS JOINED US. BELIEVED
FIRST ONE IS SB EIGHT NINE SIX
CORRECT BRADFORD THE MOTION
WHAT.
THE MOTION IS.
DO YOU PASS TO APPROPRIATIONS.
PRIVATE LIFE BRADFORD I.
AND. SP TEN TWENTY FIVE SKINNER
RUBBER HOUSE TO APPROPRIATIONS.
BRADFORD R. BRADFORD I.
OKAY.
RIGHT THANK YOU MUST RECORD.
WE.
OKAY THAT YOU'RE RIGHT OVER.
ALRIGHT.
OR WE CAN JUST DROP IN THEIR
OFFICE.
ULTRASOUND THAT FIRST OF
YEAH PEOPLE JUST ARE RIGHT.
ALRIGHT THAT'S. OKAY WE KNOW IF
SENATOR JACKSON IS A.
ALRIGHT SO CENTER WINTER YOU
KNOW MY WILL WAIT TILL CENTER
JACKSON GETS AND WE HAVE TO ROLL
CALL ON ALL FOUR. RIGHT.
OR IF YOU'RE TOOK LONGER THAN.
YEAH
THIS DO YOU PASS TO
APPROPRIATIONS THE VOTE SO FAR
IS.
FORTY ZERO FOUR TO ZERO SO.
HE'S JACKSON.
HI JACKSON ICE DOWN. STONE I'D
WINNER. WINNER I.
THAT BILL IS OUT.
WE WILL NOW GO TO S. V. NINE
SEVEN EIGHT SENATOR BRADFORD IT
IS DO YOU PASS TO
APPROPRIATIONS.
AND THE VOTE NOW IS.
THREE TO ONE.
JACKSON. JACKSON ICE DOWN. DOWN
NOW WINNER.
FIVE WINNERI. WRITE THAT BILL
IS OUT WE WILL NOW GO TO S. B.
TEN TWENTY FIVE. SENATOR SKINNER
AND THE VOTE SO FAR. IS THREE
ZERO FOUR ZERO SKEWS ME THE VOTE
IS FOR.
SB TEN TWENTY FIVE THE VOTERS
FOR ZERO.
JACKSON.
YEAH THERE'S NO OPPOSITION.
JACKSON ICE DOWN. DOWN DOWN
WINNER. WINNER I.
FILLS OUT SIX TO ONE WE WILL NOW
GO TO AB TENDS SIXTY FIVE.
ASSEMBLY MEMBER JOHN SAWYER THE
MOTION IS DO YOU PASS TO
APPROPRIATIONS. THE BOAT SO FAR
IS FOUR ZERO. JACKSON. JACKSON
ICE DOWN STONE I WINNER. WINNER
I. WRITE THAT BUILDS OUT SEVEN
ZERO. AND THIS CONCLUDES THE
PUBLIC SAFETY COMMITTEE THANK
YOU