SEVEN COMMITTEE.
WE DO HAVE A YEAH JACKSON -- I'M
SORRY.
SELECT ALL RIGHT CALL THE ROLL
PLEASE SKINNER.
I'M HERE IN HERE MOORLACH.
MARK HERE BRADFORD.
BRED FOR HERE JACKSON JACKSON
HERE MITCHELL.
CARRILLO WIENER.
ALRIGHT SO WE HAVE -- OKAY THE
AGENDA.
IS AS YOU SEE BEFORE YOU EXCEPT
I WON'T MAKE THESE ANNOUNCEMENTS
ARE ON CHANGES THE CONSENT ITEMS
ARE NOT A CHANGE SO WE HAVE --
SB TWO TWENTY ONE SB THREE THREE
EIGHT AND SB.
FIVE FIVE SEVEN AND AND SB. TWO
SIXTY NINE ON CONSENT.
AND WE ARE YEAH OKAY I ALWAYS
JUST READ IT YOU KNOW IT'S IT'S
PAST APRIL FOOLS DAY BUT I
DIDN'T.
APRIL FOOLS DAY JOKES YESTERDAY
ANYWAY -- AND THEN WE HAVE A
COUPLE OF ITEMS THAT ARE BEING
PULLED SB.
ONE FORTY ONE AND S. BEFORE
ELEVEN SO WE WILL NOT HEAR THOSE
THIS MORNING AND THEN ONE SECOND
.
ALRIGHT SO WE WILL BEGIN.
GOOD SENATOR -- PORTANTINO IS
HERE LET'S BEGIN WITH -- SB
[inaudible]
SIXTY ONE WE CAN [inaudible]
I GUESS.
OF THE SATELLITE FOR SENATOR
PORTANTINO BEGINS WITH YOUR ALSO
PUTTING SB -- FOUR THREE NINE
SENATOR UMBERG'S BILL ON CONSENT.
SO SENATOR PORTANTINO YOU MAY
BEGIN.
THANK.
THANK YOU ARE MADAM CHAIR AND
COMMITTEE MEMBERS -- TAMPERS ANY
SB SIXTY ONE WHICH PROHIBITS ANY
PERSON FOR MAKING AN APPLICATION
TO PURCHASE MORE THAN ONE
FIREARM.
WITHIN A THIRTY DAY PERIOD.
FIREARMS WILL NOT BE DELIVERED
WHEN THE DEALER IS NOT IS
NOTIFIED BY THE DEPARTMENT OF
JUSTICE THAT WITHIN THE
PRECEDING THIRTY DAY PERIOD THE
PURCHASER HAD MADE ANOTHER
APPLICATION PURCHASE FIREARMS.
IN NINETEEN NINETY NINE
LEGISLATURE WHOSE ENACTED TO
LIMIT THE PURCHASE OF HANDGUNS
BUT AS RECENT DATA SUGGEST LONG
GUNS ARE BECOMING A SIGNIFICANT
PIECE OF CALIFORNIA'S GUN
TRAFFICKING PROBLEM.
OVER THE PAST TEN YEARS
CALIFORNIANS HAVE TYPICALLY
PURCHASED MORE LONG GUNS AND
HAND GUNS.
OF THE 260-006-0080 TWO GUNS
USED IN CRIMES THAT WERE
INTRODUCED A CALIFORNIA
DEPARTMENT OF JUSTICE AUTOMATIC
AUTOMATED FARM SYSTEM DATABASE.
ELEVEN THOUSAND FIVE HUNDRED
WERE LONG GUNS.
THERE IS NO REASON WHY SOMEONE
WOULD NEED TO BUY MORE THAN ONE
LONG.
A MONTH AFTER ALL YOU ONLY HAVE
ONE FINGER.
PREVENTING THE FLOW OF GUNS IS
IMPORTANT TO PUBLIC SAFETY
REGARDLESS OF WHETHER THE
FIREARMS A HANDGUN OR LONG ON OR
PURCHASE NEW FROM A DEALER OR
THROUGH A PRIVATE TRANSACTION
LIMITING FIREARM SALES TO ONE
GUN PER MONTH IS A RECOGNIZED
STRATEGY. TO REDUCE GUN
TRAFFICKING AND KEEPING FIREARMS
OUT OF DANGEROUS HANDS -- AS WE
KNOW MANY OF THE RECENT --
TRAGEDIES ON OUR SCHOOL CAMPUSES
WERE PERPETRATED BY -- TEENAGERS
WITH LONG GUNS TODAY I AM --
PLEASED AND PROUD TO BE JOINED
BY.
AMEND WILCOX FROM THE BRADY
CAMPAIGN BRADY YOU CALIFORNIA
UNITED AGAINST GUN VIOLENCE TO
TESTIFY ON BEHALF OF SB SIXTY
ONE AND I WOULD RESPECTFULLY ASK
FOR AN AYE VOTE WHEN APPROPRIATE.
A GOOD MORNING.
AND THIS IS MY FIRST TIME AT
THIS WITH THIS COMMITTEE THIS
YEAR AND SO I AM PLEASED TO
ANNOUNCE OUR NEW NAME.
WHICH IS ARE STILL DOES NOT ROLL
OFF THE TONGUE -- BRADY
CALIFORNIA UNITED AGAINST GUN
VIOLENCE ARE PRETTY CALIFORNIA
FOR SHORT -- SO THIS BILL HAS
THIS POLICIES BEEN BEFORE YOUR
COMMITTEE MANY TIMES WE HAVE
SUPPORTED EVERY YEAR.
AND WE CONTINUE TO SUPPORT IT AS
THE SENATOR SAID AND LIMITING
BALK PURCHASES OF FIREARMS IS
INDEED A WAY TO PREVENT
CONTRACTING IT STANDS TO REASON
THAT SOMEONE BUYING FIFTY GUNS
AT ONCE -- IS TURN AROUND AND
SELLING MOST IF NOT ALL OF THEM.
ALSO IN GENERAL THE BRADY
CAMPAIGN CALIFORNIA BRADY BRADY
CALIFORNIA -- FEELS THAT LONG
GUNS AND HAND GUNS SHOULD BE
TREATED THE SAME WAY -- LONG
GUNS NOWADAYS ARE -- HIGH
POWERED SPORTING RIFLES THAT CAN
BE QUICKLY WE LOADED AND
CERTAINLY POSE A BIG RISK TO
PUBLIC SAFETY.
AN EXAMPLE OF WHY THIS POLICY IS
SO IMPORTANT IS THAT -- THERE
WAS A CASE WHERE A COUPLE WAS
GOING -- TO PAWN SHOPS -- DOWN
THE CENTRAL VALLEY.
AND PURCHASING AS MANY LONG GUNS
THEY COULD.
IN A VERY SHORT PERIOD OF TIME
THEN EACH TOOK THOSE GUNS ACROSS
THE BORDER AND SOLD THEM FOR BIG
PROFITS IN MEXICO THAT'S THE
KIND OF THING WE WANNA POINT
WITH THIS LAW.
BASED ON DATA THAT WAS PROVIDED
BY THE DEPARTMENT OF JUSTICE --
IN THE YEAR AND A HALF AFTER
LONG GONE RECORDS -- STARTED TO
BE RETAINED BY THE DEPARTMENT --
WE FOUND THE EIGHTY ONE POINT 9%
OF LONG GUNS ARE SOLD AS A
SINGLE PURCHASE WITHIN A THIRTY
DAY PERIOD SO MOST GUN BUYERS
ACTUALLY WILL NOT BE IMPACTED BY
THIS LAW.
BUT THE OPPOSITE END OF THE
SPECTRUM THERE'S AN INDIVIDUAL
WHO PURCHASED A HUNDRED AND
SEVENTY SEVEN GUNS AND ONE MONTH --
SO AGAIN THE INTENT OF THIS BILL
IS TO STOP THE ILLEGAL FLOW OF
GUNS AND GUN TRAFFICKERS AND
PARTICULARLY TO PREVENT THOSE OF
LEGAL GUNS FROM GETTING INTO ARE
IMPACTED COMMUNITIES -- SO MANY
OF WHICH ARE DEVASTATED BY CAN
CRIME SITE URGE YOUR SUPPORT AND
ALSO I'M AUTHORIZED YEAH I'M ON
BEHALF OF THE BAY AREA STUDENT.
ACTIVISTS -- THE TRAIN WAS TO
LATER THEY ASKED ME TO VOICE
THEIR SUPPORT [inaudible]
THANK YOU.
OTHER WITNESSES IN SUPPORT.
GERMAN BURKE ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
IN CALIFORNIA WE DON'T YET HAVE
A LETTER ON FILE BUT WE ARE IN
SUPPORT THANK YOU.
THANK YOU OTHER -- OTHERS IN
SUPPORT YOU CAN USE THAT MIKE
RIGHT THERE IN THE THANK YOU
MORNING MANAGER MEMBERS BRAINS
TO GROW BEHALF ALSO OF LOS
ANGELES COUNTY WHAT A
SUPERVISORS AND SUPPORT OF THIS
PROBLEM I THINK YOU'RE THE
FOURTH LEADERSHIP.
THANK YOU.
JERMAINE JACKSON PRESIDENT OF
THE CALIFORNIA CIVIL LIBERTIES
ADVOCACY IN STRONG SUPPORT
[inaudible]
THANK YOU.
ANY OTHER WITNESSES IN SUPPORT.
WE HAVE WITNESSES IN OPPOSITION.
GOOD MORNING MADAM CHAIR MEMBERS
OF THE COMMITTEE AND SENATOR
PORTANTINO AYE KATHY LYNCH
REPRESENTING THE NATIONAL
SHOOTING SPORTS FOUNDATION
CALIFORNIA SPORTSMEN'S LOBBY
SAFARI CLUB INTERNATIONAL
OUTDOOR SPORTS SINCE COALITION.
IN OPPOSITION TO THIS BILL IS
SENATOR MENTION THIS BILL'S BEEN
BEFORE THE COMMITTEE MANY TIMES --
WOULD REMIND THE COMMITTEE THAT --
FIREARMS OWNERSHIP IS THE SECOND
AMENDMENT ALL RIGHT AND THE
EXAMPLES AND MISS -- AMANDA USES
A CLEARLY ALL THESE FOLKS HAVE
TO GO THROUGH A DEALER -- YOU
FOLKS HAVE CERTAINLY -- PUT
TOGETHER A FRAMEWORK THAT
REQUIRES ALL FIREARMS
TRANSACTIONS TO GO THROUGH A
LICENSED FIREARM DEALER -- THERE
ARE MANY CASES WHERE --
SPORTSMAN IN PARTICULAR
RECREATIONAL SHOOTERS --
PURCHASE MORE THAN THIS IN A
MONTH IF THERE'S SOME REASON
THAT THEY MAY WISH TO DO IT IT
IS THEIR CONSTITUTIONAL RIGHT WE
REALLY BELIEVE THAT.
THERE ARE SO MANY GUN LAWS ON
THE BOOKS THE DEPARTMENT OF
JUSTICE IS STRUGGLING TO KEEP UP.
AND THE ARM PROHIBITED PERSONS
PROGRAM IS WHAT WE ALL NEED TO
BE FOCUSING ON RATHER THAN
PUTTING MORE BURDENS ON LAW
ABIDING CITIZENS WE NEED TO
FOCUS ON MAKING SURE THAT THE
PEOPLE THAT HAVE FALLEN OR ARE
IN A PROHIBITED CLASS.
DO NOT ACCESS FIREARMS THANK YOU
FOR THE OPPORTUNITY TO PRESENT
THANK YOU THANK YOU ARE THERE
ANY OTHER WITNESSES IN
OPPOSITION.
ALL RIGHT SEEING.
NINE COMMITTEE MEMBERS ARE ANY
QUESTIONS OR SENATOR JACKSON'S.
YES THANK YOU AND I APPRECIATE
YOUR TENACITY IN TRYING TO
REDUCE ANA OF GUN VIOLENCE --
I'D LIKE TO REMIND TO THE
OPPOSITION THAT THE SECOND
AMENDMENT.
IS NOT AN UNLIMITED RIGHT.
AND SO THERE ARE.
REASONABLE REGULATIONS THAT ARE
APPROPRIATE THAT ARE AUTHORIZED
BY LAW AND SO WHEN I HEAR THAT
THAT EVERYBODY HAS A SECOND MAN
RIGHT WE ALL HAVE RIGHTS.
BUT NONE OF THEM ARE ON LIMITED
SO WITH THAT.
I THINK THIS IS A COMMONSENSE
BILL I THINK WE NEED.
TO DEAL WITH THE ISSUE OF GUN
VIOLENCE AND RECOGNIZE.
THAT WE NEED TO DO EVERYTHING WE
CAN TO PREVENT IT.
AT THIS I THINK IS A COMMONSENSE
BILL AND WITH THAT MADAM CHAIR
I'D LIKE TO MOVE THE BILL.
I'M ANY OTHER.
COMMENTS NURSERY HAVE A MOTION
AND A SENATOR.
PORTANTINO I SEE FOR CLOTHES BUT
I WANTED BEFORE ASKING FOR YOUR
CLOTHES -- THANK YOU FOR
BRINGING IT BACK ON DO
APPRECIATE THAT -- THE ID SO.
WHEN THERE'S MULTIPLE VETO
MESSAGES YOU CAN ALSO IT CAN
OFTEN BE -- RATHER DISCOURAGING
BUT THIS IS A VERY GOOD BILL AND
IF YOU ARE AMENDING AT ANY POINT
IN THE FUTURE I WOULD APPRECIATE
BEING ADDED AS A CO AUTHOR.
THANK YOU AND YOU MAY CLOSE
THANK YOU -- MADAM CHAIR AND
MEMBERS -- BE HAPPY -- EIGHT
DELICIOUS A CO AUTHOR AND
APPRECIATE WORKING WITH YOUR
STAFF ON THIS BILL AND THAT TOO
THAT FOLLOW AND RESPECTFULLY ASK
FOR NIGHT OF EXCELLENT LET'S DO
A ROLL CALL.
MOTIONS TO PASS TO
APPROPRIATIONS SKINNER HI.
HI MORE LOCK.
MORE LIKE NO BRADFORD.
BRADFORD AYE JACKSON JACKSON AYE
MITCHELL MOREAU.
BROWN NOW WIENER.
WIENER AYE.
WE WILL KEEP THE ROLE OPEN AND
NOW -- CINDER PORTANTINO YOU CAN
GO TO SB.
ONE SEVENTY TWO THANK YOU MADAM
CHAIR AND MEMBERS I'D I'D LIKE
TO BEGIN BY ACCEPTING THE CHAIRS
AMENDMENTS AND THANK THE
COMMITTEE STAFF FOR WORKING WITH.
MY OFFICE -- SO PRODUCTIVELY ON
A BILL THAT HAS SAYS SEVERAL
MOVING PARTS ARE REALLY
APPRECIATE -- EVERYBODY WORKING
TOGETHER TO MAKE THIS A A STRONG --
PRODUCTIVE -- EFFORT I'M HERE TO
PRESENT SB ONE SEVEN TWO WHICH
HAS MULTI AS I SAID MULTIPLE
MOVING FACTORS WITHIN THE BILL
ALL RELATING. TO ENSURING
FIREARMS ARE PROPERLY LOCKED AND
STORED I MAY SAY THAT AGAIN WE
WANT TO MAKE SURE THAT FIREARMS
ARE PROPERLY LOCKED AND TORED.
IMPROPER STORAGE OF FIREARMS IN
THE HOME ARE KILLING OUR YOUTH
THE VAST MAJORITY OF ACCIDENTAL
FIREARM DEATHS SUICIDE AND
SENSELESS ACTS OF VIOLENCE AMONG
CHILDREN.
ARE RELATED TO EASY ACCESS TO
FIREARMS EXPANDING ON CHILD
ACCESS PREVENTION LAWS WILL
LOWER RATES ON UNINTENTIONAL
FIREARM DEATHS AMONGST OUR USE.
SB ONE SEVENTY TWO WOULD
AUTHORIZE THE TEMPORARY TRANSFER
OF A FIREARM WITHOUT A FIREARMS
DEALERS PARTICIPATION. TO A
PERSON WHO IS EIGHTEEN YEARS OF
AGE OR OLDER FOR SAFE KEEPING TO
PREVENT IT FROM BEING USED. FOR
SUICIDE SB ONE SEVENTY TWO MAKES
THE CURRENT.
MAKES THE CURRENT CRIME OF
CRIMINAL STORAGE AFFABLE TO THE
STORAGE OF AN UNLOADED AS WELL
AS LOADED FIREARM.
THE BILL WOULD PLACE ON THE TEN
YEAR PROHIBITION LIST PERSONS
CONVICTED OF THIS CRIME WHICH
MEANS THAT THEY ARE PROHIBITED
FROM OWNING A FIREARM OR
AMMUNITION FOR A PERIOD OF TEN
YEARS.
FROM THE DATE OF CONVICTION.
THIS ONLY APPLIES TO PERSONS
CONVICTED OF THIS VIOLATION
AFTER JANUARY FIRST.
TWENTY TWENTY CURRENT LAW MAKES
IT A CRIME TO KEEP A HAND GUN
WITHIN A PREMISE WITH KNOWLEDGE
AT A CHILD THEIR PERSON
PROHIBITED FOR PROVIDING A
FIREARM IS LIKELY TO GAIN ACCESS.
IF THE CHILD ARE PROHIBITED
PERSON OBTAINS ACCESS TO THE
HANDGUN AND CARRIES IT OFF
PREFERENCES SB ONE SEVEN TWO
WOULD MAKE THIS CRIME
APPLICABLES ALL TYPES OF
FIREARMS AND PUT THIS CRIME
AGAIN ON THE TEN YEAR LIST.
CURRENT LAW MAKES IT A CRIME FOR
AN OWNER OR LEGAL OCCUPANT OF A
RESIDENTS TO STORE FIREARM IN
THAT RESIDENTS IF THE PERSON
KNOWS ANOTHER PERSON RESIDING IN
THAT RESIDENTS IS PROHIBITED.
FROM PERFECT PERFECT.
POSSESSING A FIREARM UNLESS THE
FIREARM IS SECURED THIS BILL
WOULD PUT THIS CRIME AGAIN ON
THE TEN DAY LIST.
AMENDMENTS TO THIS BILL ENACT
THE KEEP OUR SENIOR SAY FACT AND
WOULD REQUIRE LET REGULATIONS TO
PROCEDURES FOR A FIREARM AND
AMMUNITION TO BE CENTRALLY
STORED IN A LOCKED GUN SAFE.
WITHIN A RESIDENTIAL CARE
FACILITY AND THAT'S A NEW --
PART OF THIS WE'RE NOT JUST
TALKING ABOUT SINGLE FAMILY
RESIDENCES APARTMENTS WE THINK
OUR SENIORS NEED.
THE SAVE THAT STORAGE AND SAFETY
IN THEIR RESIDENTIAL CARE
FACILITIES AS WELL.
THE AMENDMENTS REQUIRE A
FACILITY TO PREPARE AND MAINTAIN
AN INDIVIDUAL WEAPONS INVENTORY
FOR EACH FIREARM IN TYPE OF
AMMUNITION STORED WITHIN THE
FACILITY.
AND SUBMIT THE INVENTORIES THE
DEPARTMENT OF JUSTICE -- I HAVE --
SEVERAL PEOPLE HERE TO TESTIFY
MONICA MILLER ON BEHALF OF
CALIFORNIA ADVOCATES -- FOR OUR
C. F. E. REFORM AND AMANDA
WILCOX AGAIN AND THE RESIDENTIAL
CARE FACILITY PIECE WAS
HIGHLIGHTED BY OUR SENIOR
LEGISLATURE MANY OF YOU HAVE HAD
VISITS FROM THEM AS THEY COME UP.
WITH THEIR LEGISLATIVE AGENDA
AND SO WE WERE GOING TO DO THE
SAFE STORAGE PROVISION AND WE
SAW THAT THEY HAD A COMPANION
PIECE AND SO WE PUT IT IN THIS
AS WELL AND SO OBVIOUSLY WE WANT
TO BE RESPECTFUL TO THEM AS WELL.
AND WITH THAT I LET MY WITNESSES
TAKE IT OVER.
THANK YOU.
GO AHEAD MADAM CHAIR AND MEMBERS
MONICA MILLER REPRESENTING
CONSUMER ADVOCATES FOR RC AT THE
REFORM AND THAT'S RESIDENTIAL
CARE FACILITIES FOR THE ELDERLY.
SO THE REASON WHY WE BRING THIS
MEASURE FORWARD IS BECAUSE ON
RESIDENTIAL CARE FACILITIES FOR
THE ELDERLY WERE CREATED IN
NINETEEN EIGHTY FIVE UNDER
STATUTE.
AND THEY'RE CONSIDERED NON
MEDICAL MODEL SO IT'S SOMEONE'S
HOME FOR EXAMPLE A SIX BED UNIT
ETCETERA HE GOT CHILDREN RUNNING
AROUND YOU GOT CARE GIVERS.
ON WITHIN THIS MODEL AS OUR
AGING POPULATION HAS GROWN
SIGNIFICANTLY ABOUT 70% OF
INDIVIDUALS WITHIN THESE
FACILITIES HAVE SOME FORM OF ON
ALZHEIMERS OR DEMENTIA RELATED.
DISORDERS AND AS SUCH YOU KNOW
WE GO IN AND THERE'S A GUN JUST
SITTING ON A DESK OR A GUN IN A
DESK DRAWER AND IT'S NOT
PROPERLY.
STORED AND WE CAN'T TELL THEM
BECAUSE THEY DO HAVE THEIR
CONSTITUTIONAL RIGHT TO THE
SECOND AMENDMENT TO HAVE THAT
FIREARMS WE CAN'T TELL THEM THEY
CAN'T HAPPEN UNLESS O REDO THE
WHOLE MODEL.
WHICH WERE NOT INTERESTED IN
DOING THAT AT THIS TIME HOWEVER
WE NEED TO MAKE SURE THAT THEIR
SON MECHANISM THAT THOSE
FIREARMS ARE STORED PROPERLY.
MORE IMPORTANTLY THAT WHEN
COMMUNITY CARE LICENSING COMES
IN TO DO AN AUDIT OF THE
FACILITY WHICH HAPPENS PRETTY
REGULARLY BUT THEY HAVE SOME
FORM THAT THEY CAN LOOK AT AND
SAY.
OKAY YES YOU DO ALLOW FIREARMS
IN THIS FACILITY HOW ARE THEY
PROPERLY STORED XTERRA SO IT'S
REALLY JUST A PRECAUTIONARY
MEASURE SO AGAIN WE'RE NOT
TOGETHER FIREARMS AWAY OR
AMMUNITION WE'RE JUST ENSURING
THAT THEY ARE SAFE.
AND THAT'S ARTICLE ON SO THERE'S
ANY QUESTIONS HAPPY TO ANSWER
THEM.
THANK YOU NEXT WITNESS.
AMANDA WILCOX ON BEHALF OF BRADY
CALIFORNIA.
WE ABSOLUTELY SUPPORT
STRENGTHENING OUR CHILD ACCESS
PREVENTION AND SAFE STORAGE LAWS
AND OBVIOUSLY THOSE LAWS WE FEEL
SHOULD APPLY TO UNLOADED
FIREARMS -- AS WELL AS LOADED
AND TO ALL FARMS NOT JUST HAND
GUNS AND ADDING THE TENURE FARM
PROHIBITION FOR VIOLATIONS TO US
IS A LOGICAL CONSEQUENCE IF
SOMEONE IS A RESPONSIBLE WITH
THE GUN.
AND MAKE SENSE THAT THEY
TEMPORARILY CAN I HAVE A GUN AND
I JUST WANT TO EMPHASIZE THAT
WAS SCHOOL SHOOTINGS I THINK THE
NUMBER 6470% -- OF OF SCHOOL
SHOOTINGS THE GUN DOES COME FROM
THE HOME AND SO TO THE EXTENT
THAT GUNS ARE PROPERLY STORED IN
THE HOME AND CHILDREN COULD NOT
HAVE ACCESS SCHOOLS ARE SAY
FIRST COMMUNITIES ARE SAFER --
IN TERMS OF THE AND THANK YOU
FOR AMENDING THE BILL IN ADDING
THIS PROVISION REGARDING --
TEMPERED LE OWNING A FIREARM TO
PREVENT A SUICIDE.
ARE THIS IS THE ISSUE THAT IS --
VERY IMPORTANT TO ME OVER HALF
OF GUN DEATHS OURS.
ARE SUICIDE WITH A FIREARM IN MY
WORLD COUNTY -- THAT IS OUR GUN
VIOLENCE PROBLEM ALL THE SUICIDE
EXPERTS IN LITERATURE SAY WHEN
SOMEONE'S AT RISK OF SUICIDE GET
THE GUN OUT OF THE HOME WELL
UNDER OUR CURRENT LENDING LAWS
UNLESS YOU HAVE A FAMILY MEMBER
WHO LIVES NEARBY IT IS IT CAN BE
DIFFICULT TO GET THAT IN THE
VICES GIVE THE GUN TO A TRUSTED
FRIEND OR FAMILY MEMBER RIGHT
NOW WE'RE TELLING PEOPLE TO
BREAK THE LAW?
IF THEY'RE GIVEN THE GUN TO A
TRUSTED FRIEND -- I THINK THE
BILL HAS THE RIGHT -- PARAMETERS
AROUND THAT THAT THAT CAN CANNOT
BE USES JUST LOCKED UP -- SO
THAT THE PERCENT RISK CANNOT
GAIN ACCESS SO I URGE YOUR
SUPPORT OF THIS MATTER THANK YOU.
OTHER WITNESSES IN SUPPORT
[inaudible]
JUST [inaudible]
JUST.
WARNING BRANDS TO WILL BE HALF
OF LOS ANGELES COUNTY BOARD OF
SUPERVISORS IN SUPPORT OF THIS
BILL.
CHAIRMAN AND PRESIDENT OF THIS
CALIFORNIA CIVIL LIBERTIES
ADVOCACY IN SUPPORT.
ANY OTHER WITNESSES IN SUPPORT.
SEEING NONE WITNESSES IN
OPPOSITION.
GOOD MORNING AGAIN MADAM CHAIR
SENATOR PORTANTINO MEMBERS OF
THE COMMITTEE CAPPING LYNCH --
REPRESENTING THE NATIONAL
SHOOTING SPORTS FOUNDATION I
CERTAINLY -- CONCUR WITH MANY OF
THE THINGS THAT HAVE BEEN STATED
CERTAINLY WE SUPPORT AND BELIEVE
IN SAFE STORAGE LAWS -- I
BELIEVE THAT THE THE RESIDENTIAL
CARE PIECE CERTAINLY IS A PIECE
THAT WE CAN WORK ON THE NATIONAL
SHOOTING SPORTS FOUNDATION HAS
EXPANDED GREAT RESOURCES WORKING
WITH THE FEDERAL AGENCIES TO
WORK ON SUICIDE PREVENTION AND
IT'S ROLLED OUT A WHOLE PROGRAM
THAT BE HAPPY TO SHARE.
WITH THE SENATOR OUR CONCERN IS
THE TEN YEAR PROBATION.
THE TRIPPING HAZARDS THAT CAN
OCCUR THERE.
AGAIN ON THE TEN YEAR PROBATION
IS USUALLY BEEN REFER TO FOR
VIOLENT OFFENSES SEVENTIES OR
NEGLIGENCE AND OF STANDARD
CERTAINLY IF YOU.
TRAVEL THIS ROAD AND CERTAINLY
THINGS LIKE LEAVING CANNABIS
PRESCRIPTION DRUGS.
ALCOHOL -- OTHER THINGS OUT WERE
YOU KNOW THAT THERE'S SOMEONE IN
THE HOME THAT WOULD BE
VULNERABLE OR NOT OF AGE WOULD
BE -- JERMAINE AND THIS
CONVERSATION SO WE'RE REALLY
OPPOSED TO THE TEN YEAR
PROBATION ON NOT OPPOSED TO THE
TO WORKING ON SOME OF THE OTHER
PIECES OF THIS THANK YOU.
NEXT WITNESS BUT I'M SURE A
GROUP OF SPEAKING ON BEHALF THE
CALIFORNIA RIFLE AND PISTOL
ASSOCIATION THE NATIONAL RIFLE
ASSOCIATION AND GUNNERS A
CALIFORNIA.
I WON'T REPEAT EVERYTHING MY
COLLEAGUE SAID BUT WE'RE PRETTY
MUCH SPOT ON WE TO STAND FOR
SAFE GUN HANDLING THE SAFE GUN
STORAGE.
BUT AGAIN THE TEN YEAR PROBATION
IS SOMETHING THAT WE CAN'T
EXCEPT FOR IF SOMEONE MAKING A
MISTAKE.
WE HAVE -- MANY LAW ABIDING
CITIZENS WHO MIGHT JUST ABOUT
THIS THIS BILL WOULD APPLY.
TO HUNTING CAMPS AND AND DOT
CLUBS IN OTHER LOCATIONS TO
WHERE -- WOULD BE DEFINED AS A
RESIDENTS WE HAVE OVER TEN
THOUSAND AREN'T PREPARED FELONS
VIOLENT FELONS ON OUR STREET
THAT WOULD REALLY LIKE OUR
OFFICERS TO BE ABLE FOCUS THEIR
ATTENTION ON THOSE INDIVIDUALS.
AND IN THE FARMS OUT OF THEIR
HANDS AND SAID ATTORNEY LAW BY
DISTANCE AND UNDER THIS TENURE
PROHIBITIONIST THANK YOU VERY
MUCH FOR YOUR TIME.
THANK YOU ARE THERE ANY OTHER
WITNESSES IN OPPOSITION.
ALL RIGHT -- I KNOW THAT --
SENATOR MITCHELL HAD A QUESTION --
COMIC YOU MADAM CHAIR THOMAS
MILLER I WAS STRUCK BY YOUR
TESTIMONY -- WHEN I THINK ABOUT
ON THE VULNERABLE POPULATIONS
THAT RESIDE AND RESIDENTIAL CARE
FACILITIES AND THEN IT OCCURRED
TO ME THAT?
OF ALL THE KINDS OF FACILITIES
THAT COMMITTEE CARE LICENSE IS
REQUIRED TO HAVE OVERSIGHT -- IT.
I'M.
CURIOUS AS TO THE DEGREE TO
WHICH THIS IS REALLY A PROBLEM.
I'M GLAD SUPPORT THE BILL I'M
NOT QUESTION IT BUT IT JUST YOUR
TESTIMONY -- STOP ME IN MY
TRACKS IN TERMS OF YOU KNOW IT'S
LIKE YOU FEE THREAD YOU PUT NOW
MORNING ABOUT ALL LICENSE CARE
FACILITIES AND WHAT THEIR
POLICIES ARE.
SO -- UNDER CURRENT LOT.
FACILITY CAN DETERMINE WHETHER
OR NOT THEY TAKE FIREARMS AND WE
ACTUALLY WORKED CLOSELY WITH THE
SENATOR STAFF WHICH WE
APPRECIATE AND COMING UP WITH
THEM AN AMENDMENT THAT SAYS IF
YOU DON'T ACCEPT.
FIREARMS THAT YOUR POLICY IS
YOUR FACILITY YOU ARE NOT
SUBJECT TO THIS BILL WE BELIEVE
WE NEED TO CONTINUE WORKING ON
THAT BECAUSE WE NEED TO MAKE
SURE WE A QUIPS ON COMMUNITY
CARE LICENSING.
WITH THE ABILITY TO UNDERSTAND
WHO TAKES MY ARMS AND WHO
DOESN'T -- CARS MILLER RESIDENTS
OF THE FACILITIES TO POSSESS
FIREARMS CORRECT YES SO AFTER
RESIDENT IF YOU CHOOSE TO GO
INTO ONE OF THESE FACILITIES
BECAUSE AGAIN IT'S CREATED AS A
RESIDENTIAL.
FACILITY YOU CAN BRING YOUR
ANIMAL WITH YOU YOU CAN BRING
YOUR FIREARM WITH YOU'LL
WHATEVER BECAUSE IT'S NON
MEDICAL ON WHICH IS HOUSE
CREATED IN.
NINETEEN EIGHTY FIVE HAVING SAID
THAT WE WANT TO MAKE SURE WE
EQUIPPED MEDICARE LICENSING WITH
THE ABILITY TO REALLY UNDERSTAND
WHAT'S IN THAT FACILITY AND HOW.
TO APPROPRIATELY DETERMINE IF
IT'S STORED PROPERLY SWITCHES
SETTING STANDARDS ARE A WIDE BUT
AGAIN WE NEED TO CONTINUE
WORKING ON THAT BECAUSE WE NEED
TO MAKE SURE THAT.
COMMUNITY ARE LICENSING HAS THE
ABILITY TO IMPLEMENT THIS AND
THAT SOMETHING WILL CONTINUE TO
WORK ON WITH THE SENATOR AND HIS
STAFF MOVING FOR AND I'M CLEAR
THAT INDIVIDUALS HAVE THE RIGHTS
TO BRING THEIR PROPERTY AND BUT
IT IS A COMMUNITY.
RESIDENTIAL FACILITY OSCAR AND
SO FOR ME THAT MAKES A
DIFFERENCE THAT'S WHY COMMUNITY
CARE LICENSING IS INVOLVED IN
THEIR OVERSIGHT BUT TYPICALLY
RUN HEALTH AND SAFETY THAT AS
THE PRIMARY ROLE OF COMMUNITY.
CARE LICENSING IS HEALTH AND
SAFETY SO THIS CERTAINLY FITS
WITHIN THAT CAPS I'LL FOLLOW UP
WITH YOU ON THAT PIECE OF IT
THANK YOU VERY MUCH THANK YOU
MADAM CHAIR.
AND JUSTIN IF I'M A MANAGER.
I WOULD WHEN THE SENIOR
LEGISLATURE CAME AND TALKED TO
ME -- HAVING JUST GONE THROUGH
YOU KNOW TWO YEARS OF VISITING
MY MOM AT A FACILITY AND HAVING
MY YOU KNOW MY CHILDREN HANG OUT
THERE YOU KNOW.
I SAID WOW I I'D NEVER THOUGHT
OF THIS AS AN ISSUE AND SO WHEN
WE WERE DOING THE STORAGE I SAID
LET'S JUST DO IT ALL TOGETHER
AND I APPRECIATE THAT AND WHAT
IT OPENS UP FOR ME HERE ARE ALL
THE OTHER KINDS OF FACILITIES
THAT FALL INTO CCL.
NOT NOW I'M CURIOUS THANK YOU
[inaudible]
TRANSITIONAL.
ANY OTHER QUESTIONS OR COMMENTS
BY THE MY COLLEAGUES.
GREAT WE HAVE A MOTION --
SENATOR PORTANTINO YOU MAY CLOSE
RESPECTFULLY ASK RIVAL.
LET'S SEE A TO CALL.
BUT THIS ONE YOUR ACCEPT THE
MINUTES YEAH I AM IT'S AS
AMENDED TO APPROACH.
SKINNER HI IN OUR I A LOT.
MORE LIKE I BRADFORD.
BRADFORD AYE JACKSON JACKSON AYE
MITCHELL MITCHELL I'M AROUND.
WIENER RIGHT WIENER AYE.
EXCELLENT TO BILLS OUT.
AND NOW AND WE HAVE YOUR NEXT
BILL WHICH IS SB.
THREE SEVENTY SIX THANK YOU ARE
MADAM CHAIR AND COMMITTEE
MEMBERS -- PRESENTING SB THREE
SEVEN SIX THAT WOULD REDEFINE
INFREQUENT TO MEAN LESS THAN SIX
FIREARMS TRANSACTIONS PER
CALENDAR YEAR.
REGARDLESS OF THE TYPE OF
FIREARM FOR INDIVIDUALS WHO SELL
LEASE OR TRANSFER FIREARMS
WITHOUT LEGALLY BEING REQUIRED
TO OBTAIN A LICENSE.
THERE IS A DISPARITY IN THE
PENAL CODE DEFINITION OF THE
TERM INFREQUENT WHICH RESULTS IN
A DISPARITY IN THE WAY IN WHICH
I'M LICENSED SELLERS OF FIREARMS
ARE TREATED UNDER THE LAW.
INDIVIDUALS MAY OR MAY NOT BE
REQUIRED TO OBTAIN A LICENSE TO
SELL FIREARMS DEPENDING ON THE
TYPE OF FIREARM BEING TRANSACTED.
IN SOME INSTANCES THIS MAY
EXEMPT. FOR EXAMPLE NON PROFITS
FROM HAVING TO GO THROUGH A
LICENSED DEALER WHEN RALF LAYER
AUCTIONING A FIREARM.
THIS DISPARATE TREATMENT CAUSES
CONFUSION AND MAKES IT UNCLEAR.
IF AND WHEN SELLERS ARE REQUIRED
TO AND SHOULD OBTAIN A LICENSE
TO ENGAGE IN THE BUSINESS.
TRANSACTION IN TRANSACTING
pFOR THE PUBLIC AS WELL AS FOR
LAW ENFORCEMENT BECAUSE THERE IS
A LACK OF A BRIGHT LINE RULE.
THE PURPOSE OF THIS BILL IS TO
STANDARDIZE THE DEFINITION OF
THE TERM INFREQUENT.
IT ALSO IS INTENDED TO REDUCE
THE FREQUENCY.
AND NUMBER OF FIREARMS IN
INDIVIDUAL IS ALLOWED TO SELL OR
MANUFACTURE ANNUALLY WITHOUT A
LICENSE YOU KNOW WE SHOULD HAVE
SOME LIMITS WITH WITHOUT A DOUBT.
THIS BILL WOULD CREATE A SINGLE
LIMIT FOR THE NUMBER OF
TRANSACTIONS AND UNLICENSED
INDIVIDUAL IS AFFORDED IN A YEAR
REGARDLESS OF THE TYPE OF
FIREARM BEING TRANSACTED.
THIS IS AN IMPORTANT
CONSIDERATION WERE TRANSACTIONS
MAY HAVE BEEN A MIXTURE OF
VARIOUS TYPES OF FIREARM.
THE BILL.
WOULD ALSO LIMIT THE TOTAL
NUMBER OF FIREARMS INDIVIDUALS
ARE ABLE TO SELL LEASE OR
TRANSFER. TO NO MORE THAN FIFTY
POR YOU PER YEAR WITHOUT HAVING
TO OBTAIN A LICENSE THAT SEEMS
REASONABLE TO ME.
GOING FORWARD ON LICENSE
INDIVIDUALS WILL BE ABLE TO
CONDUCT UP TO FIVE SEPARATE
TRANSACTIONS AND SO LONG AS THE
ANNUAL NUMBER OF FIREARMS
TRANSACTED ARE LESS THAN.
FIFTY THEY WILL NOT BE REQUIRED
TO HAVE A LICENSE INDIVIDUALS BE
REQUIRED TO OBTAIN A LICENSE IF
THEY ARE SELLING LEASING OR
TRANSFERRING OR MANUFACTURING
MORE THAN FIFTY FARMS YEAR.
REGARDLESS OF THE TYPE OF
FIREARM A NUMBER OF EXEMPTIONS
WERE INCORPORATED INTO THE
AMENDMENTS WITH THE
UNDERSTANDING -- INDIVIDUALS MAY
NEED TO TRANSACT MORE FREQUENTLY
THAN FIVE TIMES OR MORE WITH A
VOLUME OF FIFTY OVER A COURSE OF
THE YEAR IF THEY FALL -- WITHOUT
OBTAINING A LOT A LICENSE THESE
EXEMPTIONS ARE.
DEATH DIVORCE STORAGE EVEN
TRIGGERING A PROBATION FROM
OWNING A FIREARM OR WHEN A
DEALER IS IN -- CURIOS OR RELICS
SO THERE'S THERE'S WAS A ASH
LONG DISCUSSION WITH THE O. J.
ON WHERE TO APPROPRIATELY DRAW
THESE LINES AND WE THINK WE HAVE.
CALIFORNIA WOULD NOT BE THE
FIRST STATE INSTITUTE LICENSING
REQUIREMENTS SUCH AS THESE
CONNECTICUT REQUIRES INDIVIDUAL
SELLING MORE THAN TEN HANDGUNS
TO LET A LICENSE.
MASSACHUSETTS GENTLY REQUIRES
ANY INDIVIDUAL AND I KNOW.
THAT SENATOR JACKSON LIT UP WHEN
I SAID MASSACHUSETTS GENERALLY
REQUIRES ANY INDIVIDUAL SELLING
OR LEASING FIREARMS TO OBTAIN A
LICENSE.
THOUGH DOES NOT PROVIDE FOR SOME
EXEMPTIONS TODAY I HAVE ACTUALLY
AIRS FROM THE DEPARTMENT OF
JUSTICE OF LEGISLATIVE AFFAIRS
AND SPECIAL AGENT SUPERVISOR.
LIKE GRAHAM -- FROM THE DOJ'S
BUREAU FIREARMS AND I WOULD
RESPECTFULLY ASK FOR AN AYE VOTE
AND WE'VE BEEN WORKING VERY
CLOSELY WITH STAFF AND WITH THE
DOJ ON THIS BILL.
THANK YOU WILL HEAR FROM OUR
WITNESSES.
MY NAME IS ACTUALLY OR THE
LEGISLATIVE ADVOCATE WITH THE
CALIFORNIA DEPARTMENT OF JUSTICE
AND WITH ME HERE TODAY IS
ACTUALLY.
NOW SPECIAL AGENT IN CHARGE
PLATE GRAHAM WITH THE BUREAU
FIREARMS ALSO PRESENT IN SUPPORT
OF THE BILL IS OUR DIRECTOR OF
THE BUREAU FIREARMS MARTIN HER
AND I WANT TO BEGIN BY SHARING A
FEW NUMBERS FROM TWO THOUSAND
EIGHTEEN LAST YEAR THERE ARE
APPROXIMATELY EIGHTEEN HUNDRED
LICENSED GUN DEALERS.
IN CALIFORNIA THEY'RE ALSO
APPROXIMATELY THIRTEEN HUNDRED
INDIVIDUALS WHO ARE EITHER
OPERATING WITHOUT A LICENSE
ENTIRELY OR WHO OPERATING
OUTSIDE OF THE OP LIMITATIONS OF
THEIR LICENSE.
EACH OF THE THIRTEEN HARD
INDIVIDUALS CONNECTED MORE THAN
FIVE PRIVATE PARTY TRANSACTIONS
IN THE YEAR TWO THOUSAND
EIGHTEEN FOR THOSE TRANSACTIONS
INVOLVING HANDGUNS THE
INDIVIDUALS INITIATING THE
TRANSACTIONS.
OR BLATANTLY VIOLATING THE LAW
HOWEVER FOR THOSE TRANSACTIONS
INVOLVING LONG GUNS ARE MAKE
SURE DIFFERENT TYPES OF FIREARMS
LAW IS LESS CLEAR ON WHETHER
THERE'S BEEN ANY KIND OF
VIOLATION.
NOW AS A SENATOR EXPLAINED THIS
IS POSSIBLE BECAUSE OF HOW THE
PENAL CODE DEFINES THE TERM
INFREQUENT.
UNLICENSED DEALERS ARE ANNUALLY
LIMITED TOO INFREQUENT FIREARMS
TRANSACTIONS AN INFREQUENT
HANDGUN TRANSACTIONS ARE LESS
THAN FIVE YEAR BUT INFREQUENT
TRANSACTIONS FOR ALL OTHER TYPES
OF FIREARMS OR LONG GUNS.
ARE PERMISSIBLE SO LONG AS THEY
ARE OCCASIONAL AND WITHOUT
REGULARITY.
THIS AREA IS THE WITH ONE ISSUE
SB THIRTY THREE SEVENTY SIX
INTENSE REDRESS BY MODERNIZING
THE TERM INFREQUENT.
THE SECOND ISSUE SB THREE SEVEN
SIX INTENDS TO ADDRESS IS THE
UNLIMITED NUMBER OF FIREARMS PER
TRANSACTION UNLICENSED DEALERS
ARE ABLE TO SELL LEASE OR
TRANSFER.
THE BILL SOMEONE REPLIES EIGHT
FIFTY LIMITATION TO THE
MANUFACTURING OF FIREARMS
WITHOUT A LICENSE AS WELL GOING
FORWARD THE IDEA IS THAT UNLIKE
SOME INDIVIDUALS WILL HAVE THE
ABILITY TO CONDUCT UP TO FIVE
TRANSACTIONS TOTAL INVOLVING NO
MORE THAN FIFTY FIRE ANTS
REGARDLESS OF WHETHER THE TYPES.
OF FIREARMS INVOLVED IS A
HANDGUN OR A LONG TIME.
AS A MATTER OF PRINCIPLE THE
BILL SAYS THAT INDIVIDUALS WERE
SELLING OR MANUFACTURING MORE
THAN FIFTY FIRE IN THE YEAR
SHOULD BE REQUIRED TO OBTAIN A
LICENSE.
THEY SHOULD BE REQUIRED TO BE
SUBJECTED TO THE SAME SIZE.
THE SAME STANDARDS THE SAME
RECORDKEEPING STANDARDS IN THE
SAME OVERSIGHT STANDARDS OF
THOSE INDIVIDUALS WHO.
ARE OPERATING WITH ALLIANCE WITH
A LICENSE.
WITH THESE NEW LIMITATIONS IS
IMPORTANT TO RECOGNIZE THE NEED
FOR THE EXEMPTIONS REFERRED TO
BY THE SENATOR AND NO WAY TO THE
DEPARTMENT INTENDS TO OR WISH TO
MAKE IT MORE DIFFICULT ON LAW
ABIDING CITIZENS.
REQUIRE THE ABILITY TO DISPOSE
LAWFULLY DISPOSE OF A LARGE
NUMBER OF FIREARMS AS SUCH
INCLUDED OR ARRAY OF EXEMPTIONS
AND FOR INDIVIDUALS WHO MAY BE
DEALING IN DEATH DIVORCE THEY
MAY BECOME PROHIBITED FROM
OWNING FIREARMS.
OR BECAUSE THEY'RE IN DEALING
WITH CURIOS OR RELICS BECAUSE
THEY'RE AN ANTIQUE DEALER.
NOW AT THE PROBLEM CAUSED BY
UNLICENSED DEALERS IS WHAT WAS
VERY WELL ARTICULATED IN A
RECENT ARTICLE SERIES BY CNN
WORD INVESTIGATION INTO
UNREGULATED SELL FIREARMS FOUND.
UNLICENSED DEALERS FLAT THE
NATION'S GUN LAWS AND PROVIDE A
STEADY FLOW WEAPONS TO
INDIVIDUALS WHO ARE EITHER
BARRED FROM OWNING GUNS OR WANT
GUNS IT CANNOT BE TRACED BACK TO
THEM.
INVESTED INVESTIGATION FOUND
DEALERS ARE DIFFICULT TO DECK TO
DETECT AN EVEN MORE DIFFICULT TO
PROSECUTE THE OFTEN RECEIVE
LENIENT SENTENCES WHEN THEY ARE
CONVICTED.
THEY REVIEWED DOZENS OF CASES
INCLUDING SOME OF WHICH SELLERS
WERE WORN BY A TF THAT THEY
MIGHT BE BROUGHT.
BREAKING THE LAW BUT THEY
CONTINUE TO SELL FIREARMS ANYWAY.
GUNS THAT PASS THROUGH THE HANDS
OF A LICENSE DEALERS HAVE TURNED
UP A CRIME SCENES AND IN POLICE
INVESTIGATIONS FROM COAST TO
COAST INCLUDING CASES OF ARMED
ROBBERY CARJACKING AND MURDER.
THE LOS FUZZINESS S FRUSTRATED
EFFORTS BY LAW ENFORCEMENT TO
COMBAT THE PROBLEM OF UNLICENSED
GUN DEALING IN AMERICA
UNLICENSED DEALERS ARE GO TO
SORTS OF VIRUS FOR CAMELS AND
OTHERS WHO CAN'T PASS A SORT OF
BACKGROUND CHECKS.
THAT MAY BE REQUIRED ACCORDING
TO THE C. N. N.'S INVESTIGATIONS
LAST YEAR GUNS SOLD BY AN
UNLICENSED DEALER WITH USE
MUSCLING WHEN OFF DUTY POLICE
OFFICER COMMANDER IN CHICAGO IN.
TWO THOUSAND SEVENTEEN A GUN
ALLEGEDLY SO BY SUSPECTED GUN
DEALER IN NEVADA TO ANOTHER
INDIVIDUAL WITH USE IN THE FATAL
SHOOTING OF A CALIFORNIA
SHERIFF'S DEPUTY AND THE
WOUNDING OF TWO CALIFORNIA
HIGHWAY PATROL OFFICERS.
DESPITE THE IMPACT OF THEIR
ILLICIT SALES COLONEL FILINGS
AGAINST UNLICENSED DEALERS
REPRESENT A SMALL FRACTION OF
FIREARMS PROSECUTIONS AND
RECEIVE COMPARATIVELY LITTLE
ATTENTION IN THE NATIONAL DEBATE
ON GUNS.
ON MY SINCE YOU LIVE REPRESENT A
SIGNIFICANT BUT NOT BUT NOT WELL
UNDERSTOOD PUBLIC SAFETY ISSUE
THE STATE FOR SHOULD BE VERY
CLEAR UNIFORM CONSISTENT
REGARDLESS OF THE TYPE OF
FIREARM.
THE CHANGES PROPOSED OR INTENDED
TO PROTECT AS WELL AS TO INFORM
THE PUBLIC BY CLEARLY
STANDARDIZING IF AND WHEN A
PERSON IS A TYPE IS REQUIRED TO
OBTAIN A LICENSE THANK YOU.
THANK YOU.
OTHER WITNESSES IN SUPPORT.
AMANDA WILCOX ON BEHALF OF BRADY
CALIFORNIANS SUPPORT.
THANKS ANY OTHER.
ALL RIGHT -- WITNESSES IN
OPPOSITION.
GOOD MORNING MADAM CHAIR MEMBERS
OF COMMITTEE AND SENATOR
PORTANTINO I'VE JUST COMMENTING
HAVEN'T SEEN EACH OTHER FOR SO
LONG -- KATHY LYNCH REPRESENTING
THE OUTDOOR SPORTSMAN'S
COALITIONS FAR CLUB
INTERNATIONAL AND CALIFORNIA'S
SPORTSMEN'S LOBBY CERTAINLY WE
WOULD CONCUR WITH MANY OF THE
COMMENTS -- BEING MADE BY THE
DEPARTMENT OF JUSTICE WE
CERTAINLY HAVE WORKED VERY HARD
TO MAKE SURE THAT TIME --
LICENSED DEALERS OPERATE
PROFESSIONALLY INCORRECTLY AND
WE DON'T WANT TO SEE ON LICENSE
ACTIVITY PARTICULARLY IN THE
MANUFACTURING AREA.
HOWEVER WE BELIEVE ON THE LONG
GUN ON AND SHOT GUN THE
INFREQUENT.
IS A STANDARD THAT HAS ACTUALLY
WORKED AND I THINK WE'RE
FORGETTING THAT THESE FOLKS
STILL HAVE TO GO THROUGH A
WAITING PERIOD.
THEY STILL HAVE TO GO THROUGH
THE BACKGROUND CHECK -- AND SO
THEY STILL HAVE TO COMPLY WITH
ALL THE LAWS I THINK WHAT WE'RE
DOING BY CREATING THIS STANDARD
YOU COULD BE DRIVING THE
UNDERGROUND MARKET.
I APPRECIATE SOME OF THE
EXEMPTIONS WE HAVE FOR STATES
BUT THE PERSON THAT MIGHT --
WANT TO DISPOSE OF THEIR
FIREARMS ON BECAUSE THEY'RE
MOVING OR THEY FALL ON HARD
TIMES AGAIN THEY'RE GOING TO GO
THROUGH THE LEGL PROCESS.
BUT THIS SELF IMPOSED LIMITATION --
AS BURDENSOME PARTICULARLY IN
THIS CATEGORY WHERE PEOPLE TEND
TO HAVE MORE FIREARMS -- THE
EXAMPLES THAT WERE USED WERE
SPECIFIC TO HAND GUNS N TERMS
OF LIMITATION AND NOT TO LONG
GUN SO WITH THAT WE OPPOSE THE
BILL.
THANK YOU ANY OTHER --
OPPOSITION.
RIGHT SEEING NONE LET'S SEE IF
THERE'S CALM ANSWER QUESTIONS BY
COMMITTEE.
RIGHT SEEN -- NINE WE SENATOR
JACKSON ALL RIGHT WE HAVE A
MOTION AND CENTER PRINT
PORTANTINO YOU MAY CLOSE --
THANKS THE DOJ IN STAFF -- FOR
GETTING US THIS FAR AND RESPECT
THE ASTRONOMICAL.
EXCELLENT AND THIS ONE DOESN'T
HAVE AMENDMENTS.
ARE TO THE MOTION IS.
DO YOU PASS TO APPROPRIATIONS --
AND WE WILL TAKE ROLL CALL.
SKINNER HI THERE I MORE LACKEY
[inaudible]
BRADFORD.
JACKSON HI JACKSON AYE MITCHELL
HI MITCHELL AYE MORALE.
MORRELL NOW WIENER.
WE'LL HOLD THE ROLE OPEN AND
THANK YOU VERY MUCH.
AND WE WILL NOW GO -- TO ITEM
FOR SB ONE NINETY TWO SENATOR
HERTZBERG [inaudible]
YES [inaudible]
WHICH ONE BUT IF YOU READY
MANAGER [inaudible]
PLEASE PROCEED.
POSSE COMITATUS.
THAT'S WHAT THIS BILLS ABOUT.
SO HERE'S THE STORY.
WE HAVE EIGHT HUNDRED AND SOME
BILLS IN THE SENATE THIS YEAR.
INTRODUCED IN OVER EIGHTEEN
HUNDRED IN THE ASSEMBLY.
THE PEOPLE THAT I REPRESENT
ALWAYS COMPLAIN THAT ALL WE DO
IS PUT LAWS ON THE BOOKS WE
NEVER TAKEN THE OFF.
SO ONE OF THE THINGS THAT I DO
IN MY OFFICE IS I'VE GOT A
NUMBER OF INTERNS FROM SENIORS
TO HIGH SCHOOL STUDENTS.
SENIOR CITIZENS TO HIGH SCHOOL
STUDENTS AND I HAD THEM SCRUB
ALL TWENTY NINE CODES OF THE
STATE OF CALIFORNIA.
LOOKING FOR STUFF THAT WE COULD
FIND I'M LOOKING UP HERE AND I
SEE MISTER DRAKE FRANCES DRAKE
THAT WAS SOMETHING WE TRY TO
LOOK AT THERE'S ALL THESE LAWS
WE LOOKED AT EVERY TIME WE LOOK
TO THE LAW WE FOUND SOME
INTEREST GROUP.
WANTED TO KEEP IT ON THE BOOKS.
AND ALTHOUGH THERE IS STILL ONE
HERE I THINK THAT THERE IS NO
BASIS TO HOLD THIS LAW.
IT CONTINUE ON THE BOOKS IN THE
PURPOSE OF THIS BILL IS TO
ELIMINATE THIS LAW.
BASICALLY PENAL CODE SECTION ONE
FIFTY MAKES IT A CRIME A CRIME
FOR ANYONE OVER THE AGE OF
EIGHTEEN IN CALIFORNIA TO
WILLFULLY OR NEGLIGENT REFUSED
TO JOIN THE POSSE.
AND IMPOSE A FINE OF A THOUSAND
DOLLARS UP TO A THOUSAND DOLLARS
NOW UNDERSTAND OF WHAT WE'VE
HEARD HERE IN THIS LEGISLATURE
LAST NUMBER OF YEARS A THOUSAND
DOLLARS NOT A THOUSAND DOLLARS.
BECAUSE WE HAVE ALL OF THESE
CORD ASSESSMENTS FOR A ROLLING
STOP IS THIRTY FIVE BUCKS BY THE
TIME YOU GET STUCK WITH THE BILL
IT'S FIVE HUNDRED EIGHTY DOLLARS
SO WE KNOW THAT.
IT'S NOT A THOUSAND DOLLARS A TO
DO THE ANALYSIS OF WHAT THE COST
WOULD BE.
THE QUESTION IS YOU KNOW WHEN
YOU LOOK AT THIS BILL AND WE DID
THE HOMEWORK FROM THIS EIGHTEEN
SEVENTY TWO LAW.
AND IT LITERALLY WAS PRESERVING
THE PEACE ON THE WESTERN FRONT
TIER IN APPREHENDING RUNAWAY
SLAVES.
SOMETHING THAT CERTAINLY IS NOT
APPROPRIATE ANY LEVEL IN TERMS
OF OUR CALIFORNIA LAW.
AND SO TE ARGUMENT THAT'S BEING
MADE OF COURSE IS WILL HIS
SECOND YOU KNOW BY REMOVING THIS
SECTION WE ARE NOT SAYING.
THAT CITIZENS SHOULD NOT HELP
THEIR FIRST RESPONDERS IN THEIR
FELLOW CITIZENS WHEN OBLIGED BY
EITHER STATUTORY OR MORAL DUTY.
LET ME JUST GIVE YOU A COUPLE OF
THE MANY MANY CODE SECTIONS THAT
IMPOSE THAT OBLIGATION BECAUSE
WHAT WE'RE LOOKING AT HERE IS
MAKING IT A CRIME NOT TO HELP.
NOT WITH THIS A DUTY OR AND THE
LIKE SO WE HAVE A CALIFORNIA
GOOD SAMARITANS CODE IN THE
HEALTH AND CODE PUT CO.
SAFETY CODE SECTION SEVENTEEN
NINETY NINE THAT SAYS NO PERSON
WHO IN GOOD FAITH.
AND NOT FOR COMPENSATION
RENDITION EMERGENCY CARE AT THE
SCENE OF AN EMERGENCY SHALL BE
LIABLE FOR CIVIL DAMAGES.
GOVERNMENT CODE SECTION TWENTY
SIX SIX SO FOR THE SURE OF CHAU
COMMAND THE EIGHT IT WAS MANY
INHABITANTS OF THE SHIPS COUNTY
IS HERE SHE THINKS.
NECESSARY IN THE EXECUTION OF
HIS OR HER DUTIES.
GOVERNMENT CODE SECTION.
FORTY ONE SIX OH TWO EVERY
CITIZEN SHOT LEND AID WHEN
REQUIRED IN THE ARREST OF
OFFENDERS IN THE MAINTENANCE OF
THE PUBLIC ORDER.
PENAL CODE SECTION SEVEN TWENTY
THREE WHEN ASSURE FURTHER PUBLIC
OFFICER AUTHORIZED TO EX YOU
PROCESS FINDS THAT RESISTANCE WE
MADE TO THE EXECUTION OF PROCESS.
THE OFFICER MAY COMMAND AS MANY
ABLE BODIED HABITANTS OF THE
OFFICERS COUNTY IS HERE SHE MAY
THINK IT'S PROPER TO ASSIST.
JUST A COUPLE MORE PENAL CODE
SECTION SEVEN TWENTY SEVEN IF A
PERSON IS ASSEMBLED.
IF THE PERSON'S ASSEMBLY NOT
IMMEDIATELY DISPERSED SUCH
MAGISTRATES AND OFFICERS MAY
ARREST THEM AND TO THE AND THEY
COMMAND THE EIGHT OF PERSONS
PRESENT WITHIN THE COUNTY.
THE CODE SECTION.
EIGHT THIRTY NINE ANY PERSON
MAKING ARRESTS MAY ORALLY
SUMMONSES MANY PERSONS AS THE
PERSON'S DEEMS NECESSARY TO AID
THEM THERE IN.
AND PEOPLE CODE SECTION FIFTEEN
FIFTY EVERY PIECE OFFICER OTHER
PERSON IN POWER TO MAKE AN
ARREST YEAR UNDER SHOP THE SAME
AUTHORITY INTERESTING YOU CUES
TO COMMAND ASSISTANCE THEREFORE.
AS PERSONS DESIGNATED SECTION.
ONE FIFTY I TRIED HARD TO FIND A
LAW THAT WE COULD JUST TAKE OFF
THE BOOKS.
I THINK THIS IS ONE THAT'S
PRETTY CLEAR IN TERMS OF WHAT
WE'RE TRYING TO DO TO MAKE IT A
CRIME -- CERTAINLY THERE IS
THROUGHOUT THE COLDNESS MANY
OTHER CODE SECTIONS I COULDN'T
FIND VERY MANY CASES WE SCRUB
THE THE CASE AUTHORITY LOOKING
FOR ANY TIME THIS LAW WAS
ACTUALLY USED.
AND WE FOUND ONE CASE WHAT WAS
USED FOR SOMEBODY WHO WAS.
BROUGHT IN IT WASN'T ABOUT THE
LIABILITY WAS ABOUT THEM SUING
THE GOVERNMENT BECAUSE THEY GET
KILLED IN HELPING THE OFFICERS
MAKE THE ARREST.
TODAY WE A PROFESSIONAL POLICE%
OFFICERS AND SCIENTIFIC EVIDENCE
OF THE LIKE IT IS CERTAINLY WE
CAN FIND NO REASONABLE BASIS TO
MAINTAIN THIS LAW ON THE BOOKS
LADIES AND GENTLEMEN OF THE
COMMITTEE I ASK FOR YOUR VOTE.
PART THREE OF ANY WITNESSES IN
SUPPORT WE HAD A WITNESS BUT WE
GOT SORT OF AS WE I'M SORRY WE
HAVE SOME REAL HARD MORNING WE
GOT PLAN THEY DON'T EVER SPEAK
THE LINE BACK.
DRUG POLICY ALLIANCE AND ELLA
BAKER CENTER FOR HUMAN RIGHTS
BOTH IN SUPPORT THANK YOU.
ALL RIGHT ANYONE ELSE.
OKAY WITNESSES IN OPPOSITION --
IS THIS IS SOMEONE ELSE COMING
TO IT.
NO WAY WAIT THIS IS SUPPORT
[inaudible]
OUR RATE.
WITNESS IN OPPOSITION YOU CAN
COME UP TO THE TABLE.
MY NAME'S DANNECKER O'DONNELL
FROM LAWYERS COMMITTEE FOR CIVIL
RIGHTS OF SAN FRANCISCO IN
STRONG SUPPORT.
OKAY ANY OTHERS.
ALL RIGHT NOW WE HAVE A WITNESS
IN OPPOSITION.
GOOD MORNING AT MADAM CHAIR
MEMBERS WHO SHALL MUCH LOWER ON
BEHALF OF THE CALIFORNIA STATE
SHERIFFS ASSOCIATION -- WE MESS
I RESPECTFULLY DISAGREE WITH THE
AUTHOR AND WE COME IN OPPOSITION
TO DISPEL -- WE BELIEVE THAT --
WE REALLY UNFAMILIAR WITH ANY
CONCERNS WITH DISPATCH IT OTHER
THAN IT WAS ENACTED MANY YEARS
AGO.
AND THAT IF WE AN ACT IS A
LEGISLATION THAT IS PROPOSED
THAT IT WILL DISCOURAGE
BYSTANDERS FUN NOT HELPING OUT
IN TIME OF A PUBLIC SAFETY NEED --
SO FOR THOSE REASONS WE ASK THAT
YOU OPPOSE I YOU VOTE NO ON THIS
LEGISLATION THANK YOU.
ANY OTHER WITNESSES IN
OPPOSITION.
QUESTIONS OR COMMENTS BY
COMMITTEE [inaudible]
SENATOR MOORLACH.
DOES THIS MEAN I CAN PROUDLY SEW
MY HORSE.
OR I DON'T HAVE TO BUY ONE LIKE
IT IS.
ALRIGHT SO WE HAVE A MOTION --
CENTER HERTZBERG I THINK YOU
CLOSED I DID GOOD.
LET'S TO ROLL CALL.
MOTIONS TO PASS TO
APPROPRIATIONS SKINNER BY IN OUR
AYE MOORLACH.
MORE LIKE AYE BRADFORD.
JACKSON FIVE JACKSON AYE
MITCHELL MITCHELL AYE MOREAU.
WELL I WINNER.
BOULDER OPEN BUT I THINK THIS IS
THE FIRST TIME I GOT TO VOTE ON
SOMETHING TO ELIMINATE A VOTE ON
A BILL TO ELIMINATE A BILL --
BUT OBJECTIVE HERE ALRIGHT SO WE
WILL HOLD THAT ROLE OPEN.
THANK YOU AND I THINK THANK YOU
SO AN ITEM SO NOW WE WILL GO --
TO SENATOR HILL -- WITH SB
.
TWO TWENTY NO THANK YOU MADAM
CHAIR -- SB TWO TWENTY WILL
STRENGTHEN THE SECURITY
REQUIREMENTS OF RETAILERS.
SB TWO TWENTY WILL STRENGTHEN
SECURITY REQUIREMENTS AT
FIREARMS RETAILERS TO HELP
PREVENT FIRE ON THEFT.
IN TWENTY SEVENTEEN THE
COMMITTEE APPROVED AS BEFORE
SIXTY FOR A BROADER VERSION OF
THIS POLICY.
THAT BILL WAS THE WINNER MIGHT
THERE OUGHT TO BE A LAW CONTEST
SUBMITTED BY A CONSTITUENT AFTER
BURGLARS USED A CAR TO RAM INTO
A GUN STORE IN MY DISTRICT.
THE ROBBERS BROKE IN ON A SUNDAY
MORNING AND STOLE AN UNDISCLOSED
NUMBER OF GUNS LEFT IN THEIR
GLASS DISPLAY CASES.
THIS WAS NOT AN ISOLATED
INCIDENT AND THESE TYPES OF
BURGLARIES ARE ON THE RISE THE A
TF TOLD MY OFFICE THAT AT LEAST
ELEVEN OTHER SIMILAR SMASH AND
GRAB ROBBERIES TOOK PLACE.
IN TWENTY SIXTEEN INCLUDING
ANOTHER IN MY DISTRICT.
SIMILAR SMASH AND GRAB FIREARM
DEATHS HAVE OCCURRED MORE
RECENTLY IN LUIS FAIRFIELD
STOCKTON AND DICTION.
BETWEEN TWENTY THIRTEEN AND
TWENTY SEVENTEEN GUN STORE
BURGLARIES INCREASED BY 71% IN
CALIFORNIA AND OVER THIRTEEN
HUNDRED GUNS WERE STOLEN.
IT WILL ESTABLISH A STOLEN GUNS
ARE OFTEN USED TO COMMIT CRIMES
SEVERAL ROBBERIES HAVE INVOLVED
THE USE OF A CAR AS A BATTERING
RAM IN MANY INSTANCES THE GUNS
WERE LEFT.
UNSECURED OVERNIGHT IN THEIR
DISPLAY CASES. TO ADDRESS THIS
PROBLEM IS BE TO TWENTY UPDATES
THE CURRENT ECURITY STANDARD
FOR GUN STORES.
IN TWENTY SEVENTEEN I HOSTED A
SERIES OF MEETINGS WITH GUN
STORE OWNERS TO SEE IF WE CAN
MAKE THE BILL MORE FLEXIBLE AS A
RESULT WE EXPANDED THE NUMBER OF
SECURITY OPTIONS FROM.
TWO TO SIX PROVIDING IMPROVE
COMPLIANCE OPPORTUNITIES.
SPECIFICALLY EACH GUN STORE MUST
COMPLY WITH ONE OF THE FOLLOWING
SIX SECURITY OPTIONS WHEN STORE
IN THEIR GUNS WHILE THE STORE IS
CLOSED.
LOCK THE GUNS IN A SAFE LOCK
THEM WITH A STEEL CABLE AND
INSTALL BOLLARDS IN FRONT OF THE
STORE OR LOCKED THE GUNS BEHIND
STEEL ROLL DOWN DOORS OR GATE.
OR LOCK THE GUNS IN A GUN RACK
WITH A LOCKING STEEL BAR.
THEY COULD ALSO LOCKED THE GUNS
IN A WINDOW WINDOWLESS SECURE
ROOM FOR INSTALL STEEL ROLL DOWN
DOORS AND ALL DOORS AND FLOOR TO
CEILING WINDOWS.
OR LOCK THE GUNS IN A GUN
CABINET MADE WITH STEEL AND
POLYCARBONATE SHEETS WE ALSO
DELAYED IMPLEMENTATION BY SIX
MONTHS TO GIVE TIME FOR STORAGE
TO COME INTO COMPLIANCE.
IT'S APPARENT FROM MY MEETINGS
AT MANY SHORE GUNNED.
MANY GUN STORES ARE ALREADY IN
COMPLIANCE WITH AT LEAST ONE OF
THESE REQUIREMENTS AND AS A
RESULT I THINK THIS BILL WILL
IMPACT A VERY SMALL NUMBER OF
STORES.
I APPRECIATE BEING ABLE TO WORK
WITH GUN STORE OWNERS ON THE
AMENDMENTS BUT YOU MAY HEAR THAT
SOME DEALERS REMAIN OPPOSED.
WELL I BELIEVE WE BROUGHT
GREATER FLEXIBILITY TO THE BILL
THERE WERE A FEW ISSUES WE
COULDN'T RESOLVE FOR EXAMPLE.
IT WAS REQUESTED THAT I
ELIMINATE LOCAL GOVERNMENTS
EXISTING AUTHORITY TO ADOPT
THEIR OWN REGULATIONS.
HOWEVER THIS LOCAL AUTHORITY HAS
BEEN ON THE BOOKS SINCE NINETEEN
NINETY THREE AND IT WAS NEVER
THE INTENT OF THIS BILL TO
UNDERMINE THAT LOCAL CONTROL I
THINK IT'S B..
TWO TWENTY PUTS FORWARD A
REASONABLE AND FLEXIBLE SOLUTION
TO A REAL PROBLEM.
AND I AM COMMITTED TO CONTINUING
TO WORK WITH THE OPPONENTS OF
THIS BILL.
IS SUPPORTED BY THE BRADY
CAMPAIGN BAY AREA STUDENT
ACTIVISION GIFFORD TO LAW CENTER
TO PREVENT GUN VIOLENCE.
YOU HAVE A WITH THIS MADAM CHAIR.
THANK YOU SENATOR -- YES AMANDA
YOU MAY PROCEED THIS WILL ****
AMANDA WILCOX ON BEHALF OF BRADY
CALIFORNIA AT A RIGHT --
FIREARMS TOLD HIM BALK FROM
LICENSED FIREARM DEALERS SEEMS
TO BE AN ESCALATING PROBLEM.
I CERTAINLY BEEN COVERED BY YOU
HEARD FROM THE SENATOR AND
THERE'S BEEN VARIOUS NEWS
REPORTS.
THIS HAPPENED IN OUR MY OWN
COMMUNITY UP IN NEVADA COUNTY
WORK ON STORE RIGHT NEXT
NEIGHBORHOOD SOMEONE DROVE THE
CAR THROUGH THE WINDOW AND GOT A
BUNCH OF GUNS AND IT REALLY
SHOOK UP THE NEIGHBORHOOD AS
WELL AS OUR RURAL COMMUNITY.
SO IT IS A PROBLEM IT SEEMS TO
BE ESCALATING PROBLEMS YOU KNOW
BRADY CAMPAIGN SCHEME.
IN THEM.
KEY GOAL IS TO KEEP FIREARMS OUT
OF PAINTERS HANDS INTO EXTENT
THAT -- GUNS ARE REQUIRED.
THROUGH FAT FROM A GUN STORE AND
THEN MAKE THEIR WAY INTO
DANGEROUS HANDS PUBLIC SAFETY IS --
CERTAINLY THREATENED BY THAT.
FIND I'VE BEEN FOLLOWING THE
SPILL OVER THE YEARS I KNOW THAT
THE SENATOR HAS WORKED WITH --
WITH FIREARM DEALERS TO COME UP
WITH MORE WORKABLE SOLUTIONS FOR
THEM -- I'D LIKE TO ADD THAT THE
STORAGE OPTIONS ARE THAT ARE --
LISTED IN THIS BILL WOULD BE
ESSENTIALLY ONE TIME COSTS FOR
THE DEALERS I THINK THAT WOULD
BE MANAGEABLE THEM FOR THEM --
AND I THINK THIS IS A TO AGAIN
ADDRESSING AN ESCALATING PROBLEM
IN OUR STATE THAT NEEDS TO BE
ADDRESSED.
WE URGE YOUR SUPPORT THANK YOU
OTHER WITNESSES IN SUPPORT.
JERMAINE SAID.
CALIFORNIA CIVIL LIBERTIES
ADVOCACY AND IN SUPPORT.
GOOD MORNING DANIEL CANNOT
BECAUSE OUR BEHALF THE GIFFORDS
LAW CENTER TO PREVENT GUN
VIOLENCE IN STRONG SUPPORT.
JIM WHEN BURKE ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
CALIFORNIA SUPPORT.
GOOD MORNING DOMINIQUE NON FOR
THE CHILDREN'S DEFENSE FUND
CALIFORNIANS STRONG SUPPORT
[inaudible]
THANK YOU.
WITNESSES IN OPPOSITION.
GOOD MORNING MADAM CHAIR MEMBERS
OF THE COMMITTEE AND SENATOR
HILL -- I REPRESENT THE NATIONAL
SHOOTING SPORTS FOUNDATION --
REPRESENTING MANUFACTURE
RETAILING DISTRIBUTORS
THROUGHOUT THE U. S. IN
CALIFORNIA WEBER THIRTEEN
HUNDRED MEMBERS IN CALIFORNIA
FIRST WHEN IT KNOWLEDGE --
CENTER HEALTH FOR THE PAST WORK
THAT WE HAVE WORKED WITH HIM
DIRECTLY ON THE BILL AND MANY OF
THE THINGS HE OUTLINED IN HIS
OPENING COMMENTS.
ARE REFLECTIVE OF THOSE
NEGOTIATIONS -- ON AS BEFORE
SIXTY FOUR IN -- TWO THOUSAND
SEVENTEEN THAT WE REALLY
APPRECIATE HIS WILLINGNESS TO
WORK WITH US -- AND WE WILL
CONTINUE TO DO THAT -- WE DO
HAVE CONTINUE TO HAVE CONCERNS
WITH THE MAJOR -- I THINK
SENATOR HELL ACTUALLY STARTED TO
FRAME IT UP ON THE LOCAL CONTROL
OF VERSUS THE STATE MANDATE YES
THOSE LOCAL ORDINANCES HAPPEN ON
THE BOOK BECAUSE THEY ARE
CUSTOMIZED FOR THE RETAIL
OPERATIONS THAT EXIST -- FOR
EXAMPLE HERE IN IN -- THE
ROSEVILLE AREA BASS PRO SHOPS
ONE TO BEEN ABLE -- UNDER THE
PRIOR CONFIGURATION OF THE BILL
TO EVEN SERVICE IT'S BOATS
BECAUSE OF SOME OF THE
REQUIREMENTS.
SENATOR HILL DID ATTEMPT TO
ADDRESS SOME OF THOSE ISSUES
HOWEVER IF YOU HAVE A STATE.
A STATE LAW ON TOP OF LOCAL
ORDINANCES AND YOU PROVIDE NO
CLEAR GUIDANCE FOR THE RETAILER
THEY CAN BE CAUGHT IN A CATCH --
TWENTY TWO IT ALSO INDICATES
THAT THE LICENSING ENTITY MAY --
YOU KNOW GRANT AN EXEMPTION IF
THEY'RE GET CAUGHT IN SUCH A
CONFLICT BUT WE BELIEVE THAT
THAT SHOULD BE ABSOLUTELY
PRESCRIPTIVE SO THAT YOU ARE
GRANTED -- THE AUTHORIZATION IF
YOU'RE IN CONFLICT IT CREATES
KIND OF A CHILLING EFFECT ON
BUSINESS THIS COULD BE -- I'M I
KNOW SENATOR HILLS INTENTIONS
ARE VERY GOOD BUT THIS COULD BE
USED IN A WAY -- THAT COULD BE
USED TO DERIVE THOSE BUSINESSES
OUT OF A JURISDICTION BY THE
STATE LOBBYING IN PLACE AND THEN
WE'RE GOING TO PUT EVEN MORE
STRINGENT REQUIREMENTS AT THE
LOCAL LEVEL.
SO WE BE LOOKING FOR THE STATE
STANDARD TO BE THE THRESHOLD
THEN THAT COULDN'T BE EXCEEDED.
AND THEN -- LASTLY I WOULD JUST
SAY THAT -- I THINK TWO THOUSAND
SIXTEEN THAT WAS REFERENCED --
WITH THE SMASHING GRABS I AM
HAPPY TO REPORT THAT.
THE FBI HAS INDICATED THAT THOSE
NUMBERS HAVE BEEN DROPPING AND I
DID PROVIDE I BELIEVE THE
COMMITTEE A REPORT ON SOME OF
THE THE VIOLENT CRIMES INCLUDING
THE SMASHING GROUPS WHICH HAVE
DROPPED OFF.
AND LASTLY THE NATIONAL SHOOTING
SPORTS FOUNDATION IS VERY
COMMITTED TO THIS AND WE PROVIDE
OUR OWN SECURITY PLANS IN
TRAINING. FOR DEALERS -- WE ARE
WORKING WITH THE FEDERAL
AGENCIES WERE HAPPY TO WORK WITH
THE DEPARTMENT OF JUSTICE. TO
TRY TO REACH EVERY RETAILER
AGAIN THESE ARE VALUABLE
PRODUCTS AND ON NO BUSINESS
WANTS TO LOOSE MERCHANDISE THANK
YOU.
MADAM CHAIRMAN MEMBERS WERE
RIGHT GRIFFIS SPEAKING ON BEHALF
OF THE CALIFORNIA RIFLE PISTOL
ASSOCIATION THE NRA GUNNERS A
CALIFORNIA.
CALIFORNIA WATERFOWL ASSOCIATION
ROCKY MOUNTAIN ELK AND
CONGRESSIONAL SPORTSMAN'S
FOUNDATION CAL DEAR.
NATIONAL TURKEY FEDERATION AND
MANY OTHERS WE STILL FEEL
STRONGLYTHAT IS A KNEE JERK
REACTION THOSE LOCALIZED CRIMES
THOSE WAS ONE CRIME RING THAT
WAS FOUND TO BE RESPONSE FOR THE
MAJORITY THOSE INCIDENTS.
WHEN WILL REMIND YOU THAT THIS
IS THIS BILL WOULD DEVASTATE
SMALL BUSINESSES SINCE MANY
SMALL COMMUNITIES WHETHER KEY
THE AMOUNT OF MONEY COMING IN
FROM?
RECREATIONAL HUNTERS AND AND
SPORTSMEN COMING INTO LAW SHOPS.
AND LASTLY JUST A REMINDER THIS
THIS BILL WAS VETOED TWENTY
SEVENTEEN BY -- GOVERNOR BROWN
AND AND IT LEFT A PRETTY STRONG
VETO MESSAGE THAT THIS WOULD BE
BEST LEFT IN THE HANDS OF LOCAL.
GOVERNMENT AND NOT HAVING THIS
OVERLAPPING.
PROBLEM THAT MY COLLEAGUE
ALREADY OUTLINED THANK YOU VERY
MUCH FOR YOUR TIME AND WE STAND
A STRONG OPPOSITION OF THIS
BILLS IS [inaudible]
THANK YOU.
ARE THERE OTHER WITNESSES IN
OPPOSITION.
HER RIGHT ARM AND I HAVE A
COMMENT BEFORE A SEE IF THERE'S
ANY COMMENTS FROM MY COLLEAGUES --
AS CENTER WHO WILL ACTUALLY
APPRECIATE THAT YOU ON DID NOT
TAKE A AN AMENDMENT THAT WOULD
HAVE LEFT IT TO LOCAL
JURISDICTION AND THE REASON I
RAISE THAT IS BECAUSE WHEN I
LOOK AT IN OUR COMMITTEE
ANALYSIS -- WE WERE PROVIDED
SOME DETAIL OF THE NUMBER OF
BASICALLY OF ROBBERIES --
SMASHING GRAB ROBBERIES OF GUN
SHOPS IN CALIFORNIA AND THE LIST
THAT WE HAVE IS JUST.
TWENTY SIXTEEN AND IN TWENTY
SIXTEEN ALONE THERE'S QUITE A
NUMBER LISTED.
SO AND I KNOW THAT WE SUPPORTED
THIS BILL IN TWENTY SEVENTEEN
UNFORTUNATELY THE GOVERNOR
VETOED IT.
SO IF IF THIS WERE NOT AN
OCCURRENCE.
THEN -- PERHAPS SOMEONE COULD
LEGITIMATELY SAY WELL SHOULD
JUST BE LEFT UP TO EACH LOCAL
JURISDICTION BUT BECAUSE IT'S
PRETTY CONSISTENT ITS ACROSS
MULTIPLE JURISDICTIONS ALL
ACROSS THE STATE.
SEEMS VERY IMPORTANT FOR US.
TO TAKE THESE KIND OF SAFETY
MEASURES TO MAKE SURE THAT THERE
THE FIRE ARMS ARE PROPERLY
SECURED SO APPRECIATE YOUR OTHER
I THINK ANOTHER ONE OF MY
COLLEAGUES REFERENCE TENACITY TO
A PREVIOUS -- AUTHOR BUT
PREACHING YOUR TENACITY FOR
BRINGING IT BACK -- ANY OF THE
COMMENTS WERE QUESTIONS BY.
MY COLLEAGUES.
RIGHT SO WE HAVE A MOTION.
SENATOR HILL YOU WANT -- TO
CLINKING MANAGER THANK YOU FOR
YOUR COMMENTS I MEAN THIS IS
JUST BASICALLY ABOUT SECURING
FIREARMS AND IN REALLY THAT
SWEET. THREE TO FOUR MINUTES OF
PROTECTION SO THAT WHEN SOMEONE
SMASHES INTO THAT CLASS THEY
CAN'T GET IN AND GRABBING THREE
DIDN'T AND REACH INTO THOSE
GLASS CABINET SIMPLE THOSE GUNS
OUT IN AND TAKEN BEFORE LAW
ENFORCEMENT ARISE BECAUSE THEY
GET THERE.
QUICKLY BECAUSE OF CERTAINLY THE
THE TYPE OF MATERIALS ARE
RESPECT YEAH SURE I'VE OF
MEMBERS THANK YOU.
THANK YOU -- WE HAVE A MOTION
LET'S DO A ROLL CALL.
MOTIONS TO PASS TO
APPROPRIATIONS SKINNER AYE
SKINNER AYE MORLOCK [inaudible]
BRADFORD.
JACKSON HI JACKSON AYE MITCHELL.
MITCHELL AYE MORALE.
AROUND OUR WINNER.
OUR WILL HOLD SEVERAL OPEN AND
WE'LL GO TO YOUR NEXT BILL WHICH
IS SB THREE SIXTY BECAUSE YOU'RE
SB TWO TWO ONE IS ON CONSENT.
AS A MANAGER I JUST WANT TO
REFLECT FOR ONE SECOND ON THIS
BE TO TWENTY ONE BEING ON
CONSENT.
IT IS A FIRST FOR ME IN THIS
COMMITTEE EVER TO HAVE A BILL ON
CONSENT SO.
MUCH.
LOVE TO KEEP PEOPLE. TO TAKE A
MOMENT FOR NINETEEN NEVER ONE
YOU -- IT -- HAVE PEOPLE ASSUME --
LIKE TO DASH EXPECTATIONS GO
AHEAD SENATOR WILL MOVE TO THE
SPEED.
THREE SIXTY SB THREE SIXTY
RECALL HE ASKED US TO PULL IT
FROM.
THAT THE YOU MISUNDERSTOOD.
IF YOU WERE OF APRIL FOOLS DAY
MAYBE WE WOULD'VE BUT GO AHEAD --
SB THREE SIXTY REQUIRES CLERGY
TO REPORT SUSPECTED CHILD ABUSE
OR NEGLECT EVEN IF THEY ACQUIRE
THE KNOWLEDGE FOR SUSPICION
DURING A PENITENTIAL
COMMUNICATION.
CLERGY ARE ARE ALREADY MANDATED
A CHILD ABUSE AND NEGLECT
REPORTERS IN CALIFORNIA THIS
BILL WOULD LEVEL THE PLAYING
FIELD BY HOLDING THEM TO THE
SAME STANDARD AS THE OTHER FORTY
FIVE MANDATED REPORTERS LISTED
IN STATUTE.
AS MANDATED CHILD ABUSE AND
NEGLECT REPORTERS DOCTORS
PSYCHIATRISTS THERAPISTS AND
OTHERS HAVE TO BREAK.
CLIENT PRIVILEGE AND REPORT
SUSPECTED CHILD ABUSE AND
NEGLECT WITHOUT EXCEPTION.
BUT UNDER EXISTING LAW CLERGY
CAN LAWFULLY IGNORE SUSPECTED
CHILD ABUSE AND NEGLECT IF THEY
ACQUIRE THE KNOWLEDGE DURING A
CONVERSATION THAT IS INTENDED TO
BE CONFIDENTIAL.
CHILD ABUSE IS CLEARLY STILL A
PRESSING ISSUE IN FAITH
INSTITUTIONS LAST THURSDAY.
A PRIEST WAS ARRESTED IN THE BAY
AREA ON SUSPICION OF THIRTY
COUNTS OF CHILD SEX ABUSE IN
TWENTY SIXTEEN AND TWENTY
SEVENTEEN AND ON FRIDAY.
POPE FRANCIS ISSUED A DECREE
MAKING IT MANDATORY. FOR VATICAN
VATICAN CITY OFFICIALS TO
IMMEDIATELY REPORT ABUSE
ALLEGATIONS THE FIRST OF ITS
KIND IN THE CATHOLIC CHURCH.
CALIFORNIA WOULD NOT BE
TRAILBLAZING WITH THIS MEASURE.
CONNECTICUT INDIANA MISSISSIPPI
NEBRASKA NEW HAMPSHIRE NEW
JERSEY NORTH CAROLINA OKLAHOMA
RHODE ISLAND TENNESSEE TEXAS AND
WEST VIRGINIA.
ALREADY HAVE SIMILAR STATUTES
THE OPERATE UNDER THE SAME
CONSTITUTION AND THE SAME BILL
OF RIGHTS THAT WE DO.
AND WE HAVE FOUND NO LEGAL
CHALLENGES TO THE STATUTE IN
THOSE STATES IT IS TIME FOR
CALIFORNIA TO PUT CHILDREN FIRST
I DO HAVE WITNESSES MADAM CHAIR
THANK YOU.
THANK YOU SENATOR HELD WE HAVE
WITNESSES IN SUPPORT.
MY NAME'S CAM IN TAURUS
[inaudible]
AB SURVIVOR [inaudible]
AND IN A THEY ALL STARTED WITH
MY MOTHER SHE WAS.
BORN AND RAISED IN SAN FRANCISCO
INTO INTO AN ABUSIVE FAMILY
BACKGROUND.
AND IN HER EARLY TWENTIES SHE
WAS RECRUITED INTO THE JEHOVAH'S
WITNESSES.
AT THIS ROUND THE SAME TIME AS
SHE BECAME PREGNANT WITH ME.
THEY CONVINCED HER THAT SATAN
THE DEVIL CONTROL THE ENTIRE
WORLD.
INCLUDING HER FAMILY.
SO SHE RAN AWAY.
WITH ME.
WHERE I WAS BORN AND RAISED IN A
SMALL TOWN WITH NOTHING BUT
JONES WITNESSES?
AN INTERNATIONAL AID I WAS
RAISED IN A GOD FEARING FAMILY
SO I I LOVE HER AND I WANT TO DO
WHAT WAS RIGHT IN GOD'S EYES. TO
REALLY EARLY AGE AROUND SIX I
WAS TAKEN ADVANTAGE OF BY A MAN
IN THE CAR ASIAN.
HE WAS REALLY REALLY CLOSE TO
THE FAMILY SO THEY TRUSTED HIM.
BUT MY MOTHER SUSPECTED
SOMETHING WAS UP.
SOMETHING IS WRONG SO SHE ASKED
ME AND THEN WENT TO THE ELDERS.
WE CONFIRM THAT THEY TOLD HER.
IT'S IN GOD'S HANDS NOW.
DON'T SPEAK ABOUT IT.
WE'LL LOOK INTO IT AND WILL DO
SOMETHING ABOUT IT AND THEY
DIDN'T WANT TO TALK ABOUT IT FOR
FEAR OF AGAINST SATAN THE DEVIL
TRYING TO ATTACK THE ONE TRUE
RELIGION.
SO NOTHING HAPPENED.
AND A FEW YEARS LATER.
HAPPEN AGAIN WITH A DIFFERENT
MAN [inaudible]
IN A TO THE SAME THING.
DON'T SPEAK ABOUT IT IT'S IN
GOD'S HANDS.
AND I'LL TAKE CARE OF IT SO
THESE TWO MEN I HAD TO GROW UP
WITH STARING AT AS ABUSERS.
AND THEY'RE STILL LOOSE IN THE
HIGHER EDUCATION IS TO THE TATE
WITH.
HIGHER POSITIONS IN THIS ROUND
OF EIGHT CHILDREN ALL THE TIME.
SO IS UP UNTIL ABOUT TWO YEARS
AGO THAT I REALIZED THAT I'D
BEEN LIED TO MY ENTIRE LIFE.
NONE OF THAT I GREW UP IN A COLD.
AND THAT THEY WERE HIDING
THOUSANDS OF SEX ABUSE CASES.
THIS THIS IS A PUBLIC SAFETY
ISSUE. FOR ALL RELIGIONS
GOVERNMENTS BUSINESSES. THIRTY
PENITENT PRIVILEGES BEEN AROUND
FOR THE LAST HUNDRED PLUS YEARS.
THIS WILL COST THE STATE LESS
MONEY FOR HAVING TO REHABILITATE
PEOPLE WHO TURN TO DRUGS AND
ALCOHOL AND OTHER USES WHEN THEY
DON'T HAVE AN OUTLET.
SB THREE SIXTY AIMS AND THIS
CONTENT CLERGY [inaudible]
PRIVILEGE.
AND HAVE MANDATORY REPORTING.
I THINK IT'S TIME THAT.
THE UNIVERSE IS TELLING US TO
PROTECT OUR CHILDREN
[inaudible]
THANK YOU.
OTHER WITNESSES IN SUPPORT.
YOU ATA HIGHER FROM THE CASE
STATE THE TABLE.
YOU MAY STAY AT THE TABLE.
GO AHEAD YOU YOU CAN SPEAK IT
THE MIKE BIOLOGY SO I WAS
SPEAKING TO THE OTHER WITNESS.
YEAH MEDI HIRE FROM CALIFORNIA
CIVIL LIBERTIES ADVOCACY -- JUST
WANTED TO QUICKLY STATE THAT --
WE FOLLOW THE NO HARM PRINCIPLE
WE DON'T FEEL THE STATE HAS ANY
RIGHT TO REGULATE.
FOUGHT OR BELIEVE BUT WHEN --
PEOPLE ACT ON THOSE BELIEFS AND
THEIR CONDUCT -- OVER STEPS
OTHER PEOPLE'S RIGHTS WE FEEL
THAT -- THE FIRST AMENDMENT
RIGHTS OF ONE CEASE WHERE
ANOTHER NEIGHBOR'S FOURTEENTH
AMENDMENT RIGHTS BEGAN.
THAT'S THE NO HARM PRINCIPLE AND
THAT'S WHY WE SUPPORT THIS BILL
IS A CIVIL LIBERTIES ISSUE --
TEAR IN SUPPORT OKAY KEEP.
MORE SECONDS ALSO WITH THE
NATIONAL ASSOCIATION OF SOCIAL
WORKERS AND WE ARE IN STRONG
SUPPORT OF THIS THANK YOU. SEVEN
LETTERMAN ON BEHALF OF MY AUNTS.
LINDA AND ORLANDO I STRONGLY
SUPPORT THIS BILL.
THANK YOU.
MY NAME IS CANDACE COUNTY --
ABUSE SURVIVOR AND I STRONGLY
SUPPORT SB.
THREE SIXTY I'M KATHLEEN CONTE
LIMITED BIãU SURVIVOR.
AND I CHARLIE INDOORS.
SB.
THREE SIXTY MY NAME IS STUFFED
CURSE.
I AM AN ABUSE SURVIVOR WITHIN A
RELIGIOUS ORGANIZATION.
I AM IN STRONG SUPPORT OF SB.
THREE SIXTY THE NAME IS
ALEXANDER TOPOL FROM THE
DAUGHTER OF MY MOTHER STEPHANIE
MADE FOR A STEP DAD BRIAN BOTH
ABUSES.
SORRY OF BOTH ABUSE IN THE
RELIGIOUS OFF I'M IN SUPPORT OF
SB.
THREE SIXTY MY NAME IS STAR PAUL.
I AM AN ABUSE SURVIVOR INSIDE
THE JONES WITNESSES I STRONGLY
SUPPORT THIS BILL.
MY NAME IS JOE LEAN RIVERA.
I'M A DIFFERENT SEX ABUSE
SURVIVOR.
SORRY.
IN STRONG SUPPORT SB THREES.
MY NAME IS SISTER SOPHIA.
I'M IN STRONG SUPPORT OF SB.
THREE SIXTY A NAME IS TERRY
JAMES [inaudible]
ADAM.
MY MOTHER WAS RAISED IN THE
JEHOVAH'S WITNESS CHURCH.
AND I'M IN STRONG SUPPORT OF
THREE SIXTY THE WORLD NEEDS TO
CHANGE CRISIS.
THAT CHANGES WITH THIS.
EDWARD JAMES STAND IN STRONG
SUPPORT.
ALISON HOPKINS MOTHER ABBESS OF
SISTER OF THE VALLEY SACRAMENTO
IN STRONG SUPPORT.
BROTHER DAVID SISTERS OF THE
VALLEY IN STRONG SUPPORTERS BILL.
I'M SISTER KATE A MOTHER ABBESS
OF THE MERCED SISTERS THE VALLEY
CONVENT.
AND I HAVE A NUMBER OF SISTERS
WITH US WHO HAVE SUFFERED THIS.
AND WE'RE SO GLAD YOU TAKING A
NINE AND WE'RE IN SUPPORT OF SB.
THREE SIXTY MY NAME IS LINDA
SAMUELSON WITH ASSISTANCE OF THE
VALLEY AND I'M IN STRONG SUPPORT.
MY NAME IS MEGAN GRIFFIN I AM A
SEXUAL ABUSE SURVIVOR AND I AM
IN STRONG SUPPORT OF THIS BILL.
GOOD MORNING MADAM -- MY NAME IS
DAVID HOURS I'M AREA
REPRESENTATIVE FIRST NATIONS --
A CALIFORNIA DISSOCIATION
[inaudible]
AND I SUPPORT THIS BILL SB.
THREE SIXTY BECAUSE I THINK IT'S
A LONG TIME COMING.
WE KNOW ITS FIRST NATION PEOPLE
WHAT IS TO BE ABUSED.
AND HOW CHILDREN HAVE BEEN
ABUSED FROM THE VERY BEGINNING.
WE OFTEN ARE NOT STRANGERS SO
WHAT HAPPENED TO THE AMERICAN
INDIAN PEOPLE.
AND I SEE IT CONTINUOUSLY
HAPPENING.
I'M HONORED THAT THAT WAS ASKED
TO COME DOWN HERE.
AND I WAS INVITED. TO TO SPEAK
IN BEHALF OF THIS.
IT'S BEEN FAR TOO LONG THIS
ABUSE HAVE BEEN GOING ON THESE
LAWS THAT PROTECT THESE USERS --
BOMBER RELATIONS THANK YOU.
HI MY NAME'S JAMES CENTRISM IN
STRONG SUPPORT.
MY NAME IS KAREN BENTLEY I WAS
RAISED IN A RELIGIOUS
INSTITUTION I'VE SEEN MANY
PEOPLE.
WHO HAVE NOT HAD THEIR ABUSE
REPORTED? TO LAWMAKERS IT'S KEPT
INSIDE THE CONGREGATION I'VE
SEEN IT IN MANY DIFFERENT
RELIGIONS.
I'VE BEEN PART OF THE ANYA X.
COOL DISTRICT I'VE WORKED WITH
CHILDREN.
WHO HAVE BEEN ABUSED BY TEACHERS
I'VE SEEN THE THE EFFECTS THAT
IT'S HAD ON CHILDREN FOR YEARS?
I HAVE FRIENDS OUTSIDE OF THE
ORGANIZATION WHO WERE ABUSED AS
CHILDREN.
BETTER TURN TO PROSTITUTION
DRUGS I'VE SEEN THE DAMAGE IS
DONE TO CHILDREN HOW HARD IT IS
FOR THEM TO SURVIVE.
THE COST IT HAS MADE TO SOCIETY.
I'VE SEEN THE STATISTICS WERE
ONLY 30% 20% REPORTED THERE ARE
MANY MORE THAT ARE NOT REPORTED
IT'S AFFECTED SOCIETY FOR A LONG
TIME.
I AM CURRENTLY THE SECRETARY
TREASURER OF SCARS WE STARTED AN
ORGANIZATION TO STOP CHILD ABUSE
ADVOCATES FOR REFORM SAFETY WE
WE THOUGHT THE ONLY WAY TO
CHANGE SOCIETY AND HELP SOCIETY
WOULD BE TO CHANGE LAWS.
AND CHANGE CULTURE THE WAY
PEOPLE THINK ABOUT IT WE WANT
CHILDREN TO BE HAPPY AND FREE TO
GO REPORTED AND TO BE
CONGRATULATED.
AND HONORED IN REPORTING THAT SO
THEY WILL HAVE PRIDE AND NOT
HAVE TO HIDE.
WE WANT TEM TO WRAP VOTED ABOUT
THEMSELVES WE WANT THEM TO MOVE
ON WITH HER LIFE.
I AM IN STRONG SUPPORT THIS BILL
THANK YOU.
I'M ROGER BELLY VICE PRESIDENT
OF SCARS.
AND WE'VE CHOSEN TO BE THE VOICE
OF THOSE THAT DON'T HAVE A VOICE
THE TWO YEAR OLDS THE THREE YEAR
OLDS TWELVE YEARS OLD.
THEY'RE THE MOST VULNERABLE AND
THE MOST INNOCENT ND I THINK
YOU CAN SEE FROM THIS GROUP THAT
THAT VOICE IS BEING HEARD.
SO SCARS ISN'T STRONG SUPPORT
AND SB [inaudible]
THREE SIXTY THANK YOU.
MY NAME IS MARY HYATT.
I WAS HURT SIX ONLY ARREST BY AN
ELDER THIS IS MY FIRST TIME
SPEAKING IN PUBLIC IN ITS.
SCARY.
EN I SUPPORT THREE SIXTY BILL
THANK YOU.
BEFORE I ASK FOR THE WITNESSES
IN OPPOSITION I WANT TO THANK.
THE SURVIVORS VERY VERY MUCH FOR
SPEAKING -- AND I WANTED JUST
APPLAUD YOUR COURAGE IT IS VERY
DIFFICULT AND AS I THINK WE ALL
KNOW THAT.
VIEWS OF CHILDREN [inaudible]
HAPPENS BECAUSE EITHER THE CHILD
IS IN A SETTING WHERE THEY FEEL
THEY CANNOT.
TELL.
OR THERE OR THEY DO TELL AND
IT'S NEVER REVEALED IT ALLOWS
THE VIEWS TO GO ON SO.
WE APPLAUD YOUR COURAGE AND I
WAS I AM.
AN ABUSE SURVIVOR.
AFTER YEARS OF ABUSE.
I DID NOT I WAS NOT ABLE TO
SPEAK ABOUT IT PUBLICLY UNTIL
ABOUT SIX YEARS AGO.
SO IT IS VERY VERY DIFFICULT AND
I REALLY APPLAUD YOU AND NOW WE
WILL TAKE THE WITNESSES IN.
OPPOSITION.
MAGIC MANAGER IN.
MADAM CHAIR AND MEMBERS OF THE
COMMITTEE GOOD MORNING MY NAME
IS KEVIN SNYDER -- UP WITH
PACIFIC JUSTICE INSTITUTE A
CENTER FOR PUBLIC POLICY WHERE I
SERVED AS CHIEF COUNSEL.
IN MY CAPACITY AS AN ATTORNEY
MUCH OF MY PRACTICE IS FOCUSED
ON ADVISING A RELIGIOUS
INSTITUTIONS AND THEIR CLERGY.
THE BILL BEFORE YOU SIX TO
IMPOSE CRIMINAL PENALTIES OF SIX
MONTHS IN JAIL ON A MEMBER OF
THE CLERGY. FOR REFUSING TO
BREAK THE SEAL OF CONFESSION.
PRIVATE RELIGIOUS COUNCIL
TYPICALLY REFERRED TO AS
CONFESSION IS A MILLENNIA OLD.
RELIGIOUS PRACTICE IT IS COMMON
KNOWLEDGE THAT THE PRACTICES THE
SACRAMENTS OF THE CATHOLIC
CHURCH.
BUT IS ALSO PART OF RELIGIOUS
PRACTICES OF THE EASTERN
ORTHODOX CHURCH.
THE PROTESTANT REFORMED
TRADITION IS FOUND IN THE
LUTHERAN EPISCOPAL IN
PRESBYTERIAN CHURCHES.
OTHER CHURCHES ALSO HAVE
CONFESSION AS PART OF THEIR
RELIGIOUS PRACTICES SUCH AS THE
AMERICAN BAPTIST METHODIST
LATTER DAY SAINTS IN CHURCH OF
SCIENTOLOGY.
ANECDOTALLY IN PROVIDING LEGAL
COUNSEL -- TO PASTORS I WOULD
ESTIMATE THAT HALF OF
EVANGELICAL FUNDAMENTALISTS IN
PENTECOSTAL CHURCHES MAINTAIN
STRICT CONFIDENCES.
SUCH THAT THEY WILL NOT REPORT
CONFESSION OF CRIMES NOR WILL
THEY TESTIFY IN COURT IF
SUBPOENAED.
BY REMOVING THE CLERGY PENITENT
PRIVILEGE SUCH REQUIRES CLERGY
TO SAIL BETWEEN THE SOLO.
AND GROUP THIS THEY MUST CHOOSE
BETWEEN CRIMINAL LIABILITY OR
SPIRITUAL PERIL.
FAILURE TO IMMEDIATELY BRING IN
THE POLICE SUBJECTS MINISTERS TO
PROSECUTION IN JAIL.
BUT DISCLOSING VIOLATES THE
RELIGIOUS PRACTICES IN A SACRED
TRUST.
THE BILL OF RIGHTS IN OUR
CONSTITUTION.
IS A SECULAR DECALOGUE FEW WELL.
IS A LIST OF DO'S AND DON'TS.
DIRECTED AT THE GOVERNMENT.
PASSAGE OF THE BILL BEFORE YOU
WOULD BREAK THE FIRST CLAUSE OF
THE FIRST COMMANDMENT IF YOU
WILL.
THE RELIGION CLAUSE PROVIDES
THAT NO LAW CAN BE PASSED THAT
PROHIBITS THE FREE EXERCISE OF
RELIGION.
PLACING CLERGY IN A POSITION
SUCH THAT THEY WILL BE CORD BY
ONE OR THE OTHER OF TWO FORMS OF
A DILEMMA.
IS PRECISELY WHAT THE FIRST
AMENDMENT FORBIDS.
JUST AS CONGRESS RIGHTLY
EXEMPTED CLERGY FROM THE
MILITARY DRAFT SO TO THIS BODY
SHOULD HAVE THE PRUDENCE TO NOT
CONSCRIPT MINISTERS INTO THE
RANKS OF LAW ENFORCEMENT.
THERE WELL OVER FORTY CATEGORIES
OF INDIVIDUALS THAT HAVE BEEN
PLACED AT THE SERVICE OF THE
STATE.
IN RELATION TO REPORTING CSE
SUSPICIONS OF CHILD ABUSE AND
NEGLECT.
CHURCH SHOULD NOT BE USED AS A
TOOL OF THE STATE MADAM CHAIRMAN
THANK YOU FOR YOUR DELIBERATION
ON THIS MATTER.
YOU FOR YOUR SERVICE TO THE
COMMUNITY AND I URGE MEMBERS TO
VOTE NAY.
THANK YOU DO YOU HAVE OTHER
WITNESSES IN OPPOSITION YES
PLEASE PROCEED.
THANK YOU MADAM CHAIRMAN MY NAME
IS SANDRA REVERSE.
AND I'M THE EXECUTIVE DIRECTOR
OF THE CALIFORNIA CATHOLIC
CONFERENCE AND I AM HERE TO
EXPRESS THE BISHOPS OPPOSITION
TO THE BILL.
AND OFFER MYSELF AS A AS A
PERSON TO TALK TO AS TO WHY WE
WOULD BE OPPOSED TO THE BILL.
IN THE ME FIRST START BY SAYING
IT IS A SELF DEFEATING BILL AND
THAT'S ONE OF THE REASONS WHY WE
OPPOSE.
ANY OTHER WITNESSES IN
OPPOSITION.
ALL RIGHT QUESTIONS OR COMMENTS
FROM YES SENATOR JACKSON'S.
YES -- TO THE ATTORNEY -- WHO'S
HERE ASIDE MENTIONED EARLIER
WITH RESPECT TO THE SECOND
AMENDMENT.
WE HAVE NO AMENDMENTS THAT ARE
ON RESTRICTED AND ON QUALIFIED
AND CERTAINLY THE FIRST
AMENDMENT IN TERMS OF FREEDOM.
OF RELIGION.
WE DO HAVE LAWS PROHIBITING
BIGAMY.
AND THOSE ARE -- CONTRARY TO
SERVICE CERTAIN RELIGIOUS GROUPS
SO THERE IS NO AMENDMENT THAT IS
WITHOUT SOME RESTRICTIONS -- IN
I'M SURE YOU'RE AWARE THAT.
THE THE FACT OF THE MATTER IS
THAT -- WE HAVE HAD.
A PLAGUE AN EPIDEMIC.
OF EXCUSES AND CLAIMS OF
RELIGION.
WHICH HAVE ALLOWED PER FILES.
AND ABUSERS.
TO EXIST IN THIS COUNTRY IN THIS
WORLD -- UNFETTERED. FOR FAR TOO
LONG.
AND THE NOTION THAT TO A TALKING
ABOUT AT THE SERVICE OF THE
STATE I WOULD SUBMIT.
THAT IT IS IMMORAL AND AGAINST
GOD'S WILL FOR PEOPLE TO ABUSE
CHILDREN.
AND I THINK IT IS THE
RESPONSIBILITY OF THE STATE TO
DO EVERYTHING IT CAN TO MAKE
SURE THAT DOES NOT CONTINUE.
I THINK WE WOULD BE REMISS IN
OUR RESPONSIBILITIES TO ACCEPT
ANY CLAIM THAT RELIGION.
AND MAY I ADD MANMADE RELIGION.
SUPERSEDES THE PROTECTIONS THAT
WE ALL -- CHILDREN IN PARTICULAR
IN OUR SOCIETY SO I WOULD
SUGGEST THAT TO YOUR FIRST
AMENDMENT ARGUMENT.
IS OUTDATED -- THIS WAS
MENTIONED THERE ARE MANY OTHER
STATES WHERE THIS HAS TAKEN
PLACE WITHOUT REPERCUSSION.
THAT THE STATE THE PEOPLE DO
HAVE THE RIGHT TO LIMIT CERTAIN
PRACTICES THAT ARE BELIEVED TO
BE INAPPROPRIATE IMMORAL.
OF AND TO A CERTAINLY TO US GIVE
A PASS BECAUSE SOMEONE GOES IN
AND CONFESSES BEHAVIOR THAT IS
OFFENSIVE. TO MANKIND AND
PROBABLY TO GOD BUT I'LL LET GOD
MAKE THAT DECISION -- I DON'T
PRETEND TO KNOW.
OF THE WEATHER -- WHETHER THIS
IS SOMETHING THAT WOULD BE
ACCEPTABLE BUT I SUSPECT.
EVEN THE NOTION OF GOOD AND EVIL
AND GOD BEING GOOD AND THE DEVIL
BEING EVIL.
THAT -- IF WE WERE GOING TO HAVE
THAT RELIGIOUS DISCUSSION THAT'S
WHERE I THINK WE WOULD LAND ON
GOD'S SIDE IN THE SIDE OF GOOD.
BUT WE ARE A WE ARE A SOCIETY WE
ARE GOVERNED BY LAWS WE ARE
GOVERNED BY WHAT WE BELIEVE TO
BE WHAT IS MORALLY CORRECT.
AND WHAT IS IN THE BEST
INTERESTS OF OUR COMMUNITIES AND
SOCIETY AND I WOULD SUBMIT.
HAVING ACCEPTING AND CONDONING
ALLOWING THIS KIND OF BEHAVIOR
TO CONTINUE ON A CLAIM OF
RELIGIOUS FREEDOM I THINK IS
ANATHEMA. TO EVERYTHING WE HOLD
DEAR AND I HOPE IT IS ANATHEMA
TO EVERYTHING THAT HOLE WE HOLD
DEAR SO FIRST AMENDMENT.
ON NOT UNLIMITED SECOND MOMENT
NOT UNLIMITED WE ARE A SOCIETY
OF HUMAN BEINGS AND WE TRY TO
PROTECT OURSELVES IN EACH
OTHER'S BEST WE CAN.
SO I WANT TO THANK YOU FOR
BRINGING THIS BILL AND WITH
THANK THE WITNESSES FOR COMING
FORWARD I'M SURE THIS WAS NOT AN
EASY THING TO DO BUT THIS HAS
GOT TO STOP.
AND WITH THAT I WOULD MOVE THE
BILL.
THANK YOU A MOTION CENTER MORE
LACKEY.
THANK YOU MADAM.
MISTER SNYDER I JUST WANNA.
SAY THAT WE'VE EXEMPTED
PENITENTIAL COMMUNICATION.
WHEN IT WAS FIRST ADDRESSED BACK
IN?
NINETY SEVEN BUT WE STILL HAVE
FAILURES.
SO WHAT IS THE WHAT IS YOUR WHAT
IS YOUR RECOMMENDATION.
BECAUSE I I I APPRECIATE.
YOUR ARGUMENT BUT I ALSO
APPRECIATE.
WHAT WAS JUST STATED NO WITH
WHERE WE FIND THE BALANCE THAT
WE STOP?
CERTAIN ACTIVITIES IN ORGANIZED
RELIGION [inaudible]
WELCOME.
THE PENITENT CLERGY PRIVILEGE IS
VERY NARROW IT'S WHEN SOMEONE.
GOES TO A MINISTER IN PRIVATE
FOR PENITENTIAL PURPOSES
COMMUNICATES IN CONFESSES THAT
IT IS NOT DEALING WITH
ECCLESIASTICAL BOARDS FOR
EXAMPLE WHEN A PRIEST.
GOES BEFORE A A TRIBUNAL OF HIS
OWN -- DENOMINATION -- THAT THAT
GROUP IS NOT COVERED BY THE
PENITENT.
CLERGY PENITENT PRIVILEGE AND SO
THE MAN SO THAT I BELIEVE THAT
THERE ARE ALREADY -- IN MOST
CIRCUMSTANCES ARE COVERED BY
THIS AND SO THE BUT THE THE I'M
SO I DON'T BELIEVE.
BROADENING THAT.
IN TWO AREAS THAT ARE A
SACRAMENT OF THE CHURCH -- I
THINK THAT IS ANATHEMA THAT
SUPPOSEDLY IS A DEEP A PROBLEM
IN THE AND AND THE NOTION THAT
THE FIRST AMENDMENT IS UPDATED --
IS A IS THIS IS A IS A TROUBLING
STRUGGLING STATEMENT COMING FROM
THIS BODY WELL EXCUSE ME IF I
MAY NOBODY SAID THE FIRST
AMENDMENT IS UPDATED WE SAID IT
IS NOT UNLIMITED.
AND YOU IS AN ATTORNEY I AM SURE
KNOW THAT VERY WELL SO PLEASE DO
NOT MISCONSTRUE MY STATEMENTS.
THEY'RE MORE LIKE.
THANK YOU MADAM CHAIR OF MR WITH
THE CITY COMMENTS YEAH.
THE FIRST COMMENT I WOULD MAKE
IS -- I WAS SURPRISED BY MISTER
HILL PRESENTER HILLS -- PRESS
STATEMENT LISTING ALL THE
STATE'S -- AS THE FORMER --
KATHY CONFERENCE DIRECTOR FOR
THE STATE OF TEXAS -- I DIDN'T
KNOW OF ANY PLACE WHERE ANY
STATE WHERE -- THE PENITENTIAL
COMMUNICATION RIGHT WASN'T
PROTECTED AND IN SPEAKING TO THE
OTHER DIRECTORS -- I WAS TOLD
THAT THEY ARE STILL PROTECTED TO
THE STATE THE ONLY STATE THAT I
KNOW OF THE DOESN'T HAVE THE
PROTECTION IS TEXAS IT NEVER
HAPPENS.
BUT IT'S MY UNDERSTANDING -- AT
LEAST THE TIME THAT I LIVED IN
TEXAS THAT THAT -- THE
PENITENTIAL.
COMMUNICATIONS WERE HONORED AND
RESPECTED -- THE OTHER THING I
WOULD RESPOND WITH IN IN TERMS
OF HOW THE PENITENTIAL
PROTECTION WORKS.
IS BY ITS VERY NATURE PEOPLE ARE
ATTRACTED -- TO THE THE
RELIGIOUS.
LEADERS -- THEIR PRIESTS THEIR
MINISTERS THE RABBIS -- I HAVE A
FEELING OF TRUST.
AND IN SHARING.
UP THERE UP THEIR FAILURES WITH
THOSE FOLKS.
THE INTENT IS TO HAVE A BETTER
RELATIONSHIP WITH GOD.
IF THIS BILL WERE TO PASS IN A A
PRIEST WERE -- TO REPORT.
SOMETHING LIKE THIS -- TO
AUTHORITIES.
I DON'T THINK ANYONE WOULD THEN
USE THE PENITENTIAL
COMMUNICATION TO SHARE THEIR
FEELINGS ANY LONGER -- IT WOULD
BE GONE.
AND THAT'S SAID I SHOULD ALSO
POINT OUT WITHIN THE CATHOLIC
STRUCTURE -- EVEN IF THIS BILL
WERE TO PASS PRIEST WOULD NOT BE
ABLE TO COME FORWARD AND REVEAL
WHAT WAS.
STATED IN THE PENITENTIAL
COMMUNICATION.
UP UNDER THE THREAT ARE UNDER
THE RULES OF CANON LAW WHICH
WOULD EXCOMMUNICATE THE PRIEST
AUTOMATICALLY [inaudible]
THANK MANAGER.
THANK YOU.
OTHER COMMENTS OR QUESTIONS ON
PARTY MY COLLEAGUES [inaudible]
ON I HAVE A FEW -- IT. FIVE
REFERENCE THAT BY.
THIS SILENCE IS WHAT HAS ALLOWED
CHILDREN TO CONTINUE TO BE
ABUSED BUT I REALLY SHOULD NOT
ABUSE CHILDREN ALONE.
IS L. HAS ALLOWED [inaudible]
ANYONE.
ADULTS CHILDREN ANY H.. TO
CONTINUE TO BE ABUSED.
AND WE SEE THAT IN POWERFUL
INSTITUTIONS.
THAT UNFORTUNATELY.
NOT ALL BUT MANY ARE.
I WANT TO SAY NECESSARILY DESIGN
SUCH BUT WITHIN THOSE POWERFUL
INSTITUTIONS IF THERE ARE.
ABUSERS.
THAT THE ENTITIES PROTECT
THEMSELVES SO WE SEE IT AGAIN
AND AGAIN AND AGAIN WHETHER IT
WAS IN THE ENTERTAINMENT
INDUSTRY.
OR DIFFERENT FAITH BASED GROUPS.
OR SCOUTS ORGANIZATIONS FOR SO
MANY THINGS EMPLOYERS WORKPLACES
[inaudible]
WHERE?
UNTIL WE HAVE HAD LAWS TO MAKE
IT SAFE.
FOR PEOPLE AFFECTED TO REPORT
WITHOUT RETALIATION AND WITHOUT.
CONSEQUENCE YOU KNOW MINIMAL
CONSEQUENCES TO THEMSELVES THAT
THESE THE SILENCE CONTINUES THE
ABUSE.
AND WE SEE IT AGAIN AND AGAIN
AND AGAIN IN ANY NUMBER OF
INSTITUTIONS AND WE'VE TAKEN
MANY MANY ACTIONS WHETHER IT'S
CHANGING WORKPLACE RULES.
OR A WHOLE HOST OF OTHER.
LAWS IN ORDER TO PROTECT ABUSERS
AND TO MAKE IT AS SAFE AS
POSSIBLE FOR THEM TO COME
FORWARD -- WHAT THIS BILL DOES
IS PUT?
THE RELIGIOUS FOLKS ON THE LEVEL
PLAYING FIELD WITH ALL OF THEIR
MANDATORY REPORTERS WHICH I
THINK IS ABSOLUTELY APPROPRIATE
AT THIS TIME.
GIVEN WHAT WE KNOW ABOUT.
THE PREVALENCE OF ABUSE WITHIN
THESE RELIGIOUS SETTINGS.
AND THAT FOR US NOT TO WOULD BE
PUTTING OUR HEAD IN THE SAND --
SO I SUPPORT THE BILL AND
APPRECIATE SENATOR HILL THAT YOU
BROUGHT IT BACK [inaudible]
AND THE UNLESS THERE'S ANY OTHER.
COMMENTS OR QUESTIONS AND THE
LAST THING I WOULD SAY TO THOSE
OF YOU WHO HAVE SPOKEN MAYBE FOR
THE FIRST TIME.
IT DOES GET EASIER TO SPEAK
ABOUT IT -- BUT IT NEVER FIFTY
EXPERIENCES THAT YOU EXPERIENCE
THEY NEVER GO AWAY YOU DON'T
FORGET.
BUT IT DOES GET EASIER TO SPEAK
ABOUT IT AND IT'S HEALING.
MAY WE HAVE A ROLL CALL.
A CLOSE AND I'M SURE A YES SORRY
MILITARY HAILING ME CLOSE I JUST
WANTED TO MAKE A HIGHLIGHT A FEW
POINTS IN THANK YOU FOR YOUR
COMMENTS AND SENATOR JACKSON
THANK YOU FOR YEARS -- AND I
WANT TO THANK THE WITNESSES WHO
ARE HERE.
UNDER GREAT I'M SURE OF PAIN
TODAY IT IT DID NOT GO UNNOTICED
ONE OR IS IT -- TO ON VALUED BY
A BY YOUR COMMENTS.
HE YOU INTEREST IN THE MADE THE
COMMENT ABOUT HEAD IN THE SAND
MADAM CHAIR AND I THINK.
THAT IS A ONE OF THE WITNESSES
IN OPPOSITION STATED THAT THE
YO KNOW A PERSON GOING TO THE
CHURCH -- OF GOING INTO A
CONFESSIONAL OR HAVING THAT
COMMUNICATION NOW WON'T.
BE ABLE TO DO THAT -- BUT I
THINK WITH THE HEAD IN THE SAND
IS.
IS THIS ALSO WOULD APPLY TO
CLERGY.
AND CLERGY COMMUNICATION OR
KNOWLEDGE OF SO WHEN A MEMBER OF
THE CLERGY NOTED ANOTHER CLERGY
OR HERE'S OF OR SEES OR HEARS
SOMETHING.
THEY WILL HAVE TO REPORT THAT IN
THE FUTURE AND I THINK THAT'S
WHERE ONE OF THE PROBLEMS IS.
AND IN RELATED TO TEXAS ACTUALLY
ON THE THE CATHOLIC -- DISS --
WEBSITE IT CLEARLY STATES THAT --
TEXAS -- LAW DOES NOT -- VALUE
DOES NOT -- TO RESPECT THE
CONFIDENTIALITY OF THE PENITENTS --
THE PENITENTIAL COMMUNICATIONS
SO THEY'RE TWO VERY CLEAR THERE
AND IT SEEMS TO BE WORKING AND
IS SENATOR JACKSON'S SO ABLY
COMMENTED NO FREEDOMS ARE
ABSOLUTE.
FREEDOM OF SPEECH BUT YOU AS WE
KNOW WE CAN'T YELL FIRE IN A
CROWDED THEATER.
WITH FREEDOM OF RELIGION IN OF
THE ABILITY TO EXERCISE AND
PRACTICE THAT RELIGION BUT AS WE
KNOW POLYGAMY -- FROM THE CHURCH
OF JESUS CHRIST OF LATTER DAY
SAINTS IS CHANGE IS NOT LEGAL
AND JUST A COUPLE OF YEARS AGO
IN THIS.
BUILDING WE PASSED A MANDATORY
VACCINATION LAW THAT ELIMINATED.
EXEMPTIONS RELIGIOUS EXEMPTIONS
FOR ME RELIGION BECAUSE THE
GREATER HARM CAUSED BY THE
EXERCISE AND A PRACTICE OF
RELIGION -- SHOULD SHOULD BE
CONSIDERED AND THAT'S EXACTLY
WHAT WE'RE DOING TODAY I
RESPECTFULLY ASK PRIVATE MEMBERS
AND THANK YOU.
THANK YOU CENTER HELEN FOR THE
FOR THE ROLL CALL APOLOGIES FOR
INDULGING ME COMMITTEE MEMBERS
BUT THE OTHER COMMON I WAS GOING
TO MAKE IS THAT.
I GUESS IT SHOULDN'T SURPRISE US
BUT ONE OF THE THINGS THAT I
HAVE BEEN.
KIND OF ASTOUNDED OUT MAYBE
STANDARDS TOO STRONG OF A WORD
BUT IN OUR SINCE OUR PASSAGE OF
SB FOURTEEN TWENTY ONE WHICH
ALLOWED. FOR THE FIRST TIME
CERTAIN RECORDS AROUND
INVESTIGATIONS OF POLICE
MISCONDUCT CERTAIN ONLY VERY
SPECIFIC INCIDENTS [inaudible]
THE THE THE AT LEAST WITHIN
COVERED BY THE PRESS.
THE A A PREDOMINANT RECORDS THAT.
ENDED UP BEING RELEASED OUR
RECORDS RELATED.
TO LAW ENFORCEMENT'S ABUSE OF
THEIR POWER.
TOWARDS -- IN IN SEXUAL ASSAULT
AND SEXUAL ABUSE IT
CIRCUMSTANCES.
AND SO IT'S JUST ANOTHER.
EXAMPLE OF OF POWERFUL
INSTITUTIONS THAT [inaudible]
BY.
BY US NOT HAVING FULL
TRANSPARENCY.
IT CAN PERPETUATE NOW CERTAINLY
WE KNOW THAT ALL JUST ALL
RELIGIOUS PEOPLE JUNE HEIGHTENED
CAJUN THIS LEVEL OF ABUSE ALL
LAW ENFORCEMENT DO NOT.
YOU KNOW IT IS A MINORITY BUT
THE MORE THAT IT'S COVERED UP.
THEN THE MORE IT CAN CONTINUE SO.
SENATOR MORE LACK.
THANK YOU MADAM CHAIR I AM.
I WANT TO BE CAREFUL THAT WE
RESOLVE.
SOMETHING THAT THAT NEEDS TO BE
CORRECTED -- BUT I'M ALSO A
LITTLE NERVOUS AS A
REPRESENTATIVE TAXPAYERS SAID WE
FIND OURSELVES IN LITIGATION
OVER OVER THIS BILL SHOULD PASS.
WE HAD.
ONE YEARS AGO WHERE WE SAID.
ABORTION CLINICS NEED THERE ARE
I MEAN ARE PRO LIFE OR PRO
CLINICS NEED TO ABBOTT SIGNED IN.
THAT WOULD ALL WAY TO THE STATE
TO US SUPREME COURT AND LOST I
WANT TO BE CAREFUL.
ABOUT THE EXPENDITURE OF OF
FUNDS.
I'M NOT A LAWYER -- BUT I'M I'M
I'M I'M JUST SENSING THAT.
WE MAY BE STEPPING INTO AN AREA
THAT IS A RIGHT JUST BECAUSE BUT
MAY HAVE AN EXPENSIVE
DISAPPOINTMENT.
AFTER A FEW YEARS SOLVE ALL BE
ALL PLAYING OFF ON THIS BILL
TODAY MADAM CHAIR THE MINIATURE
MAY I RESPOND AS THE CHAIR OF
THE SENATE JUDICIARY COMMITTEE
VERY BRIEFLY.
CURRENTLY SORRY BRIEFLY THERE
ARE TIMES WHEN THE COURTS ARE
THE AVENUE WE NEED TO PURSUE.
AND IF IT'S TO PROTECT THE
INNOCENT PEOPLE FROM ABUSE AND
IF IT'S TO CHALLENGE A PRACTICE --
THAT HAS.
THE SO CALLED.
PROTECTIONS UNDER RELIGIOUS
BELIEF EXEMPTIONS -- I THINK
IT'S PROBABLY AN APPROPRIATE
PLACE FOR THE UNITED STATES
SUPREME COURT ULTIMATELY. TO
MAKE DECISIONS ABOUT CHANCE THE
EXTENT TO WHICH WE ARE GOING TO
ALLOW.
THE CLAIMS OF RELIGIOUS BELIEF --
SUPERSEDE THE PROTECTIONS OF
PEOPLE AND THE PUBLIC WELFARE SO
THAT MIGHT BE AN INTERESTING
ISSUE SHOULD GET TO THE COURT.
AND PERHAPS APPROPRIATELY SO
PERHAPS IT IS AND FOR US TO MAKE
THAT DECISION.
AS TO WHETHER THE CONSTITUTION.
SHOULD BE EXTENDED AS FAR AS THE
FIRST AMENDMENT GOES TO ALLOW.
THE FILES TO BE ABLE TO CONTINUE
THEIR PET APHELIA IF THEY SEEK --
IF THEY SEE.
IF THEY SEEK -- ABSOLUTION FROM
THEIR CHURCH -- AND THAT MIGHT
BE A VERY INTERESTING CASE I
SUSPECT THE COURT WILL COME DOWN.
TO PROTECTING THE PUBLIC -- BUT
SOMETIMES WE SHOULD BE WELCOMING
OF THE OPPORTUNITY FOR THE
JUDICIARY TO EXERCISE ITS
RESPONSIBILITIES UNDER THE
CONSTITUTION AND TO APPRECIATE
YOUR CONCERNS.
RIGHT WE HAD TO CLOSE.
OUT FURTHER DISCUSSION WILL HAVE
A ROLL CALL.
MOTIONS TO PASS TO
APPROPRIATIONS SKINNER HI IN OUR
AYE MOORLACH [inaudible]
BRADFORD.
JACKSON HI JACKSON AYE MITCHELL.
MITCHELL AYE MOREAU WIENER.
WE WILL HOLD THE ROLE OPEN --
UNTIL MY ABSENT MEMBERS ARE ABLE
TO RETURN.
BUT ARE GREATLY APPRECIATE.
YOUR PARTICIPATION YOUR
TESTIMONY AND THANK YOU SENATOR
HILL.
THANK YOU MEMBERS COLLEAGUES.
ALRIGHT SO WE WILL NOW GO TO
ITEM SEVEN SB.
TWO TWO FOR A SENATOR GROUP
[inaudible]
PARDON ME [inaudible]
THIS.
I WAS LIKE.
SENATOR GROWTH YOU MAY.
RECEIVE.
YEAH I THINK WE SHOULD ALL
PROBABLY TAKE A BREAK.
YEAH.
ANYWAYS GOOD MORNING MADAM CHAIR
MEMBERS AND THANK YOU FOR
LETTING ME PRESENT THIS BILL.
IDEA WANT TO START OFF BY
THANKING THE CHAIR IN THE
COMMITTEE STAFF FOR WORKING WITH --
MY STAFF AND WE WILL BE
ACCEPTING THE AMENDMENTS ON THIS
BILL.
AS SOME OF YOU KNOW I REPRESENT
SOME OF THE LARGEST AGRICULTURAL
DISTRICTS IN THE ENTIRE STATE.
ACTUALLY KERN AND TULARE OR TWO
OUT OF THE TOP FIVE IN THE
NATION.
IN THE COUNTIES AND BOTH OF THEM
ARE IN MY DISTRICT SB TWO TWENTY
FOUR MAKES AGRICULTURE GRAND
THEFT A SEPARATE KILEY A
SEPARATE CRIME AND DIRECTS THESE
FINES ASSESSED WITH THE RESULT
OF A CONVICTION.
OF THAT CRIME BACK INTO EXISTING
ROLE CRIME PREVENTION PROGRAMS.
THESE PROGRAMS PROVIDE A
TANGIBLE RESULTS BY ALLOWING
NEIGHBORING JURISDICTIONS TO
SHARE INFORMATION AND CRIME
STATISTICS DURING THEIR
INVESTIGATION OF REAL CRIME AND
LAW ENFORCEMENT RECOVERY EFFORTS
FOR AGRICULTURE PROPERTY.
THESE TWO PROGRAMS ARE KNOWN
TODAY AS A CENTRAL VALLEY AND
CENTRAL COAST REAL CRIME
PREVENTION PROGRAMS.
THESE COUNTIES THAT PARTICIPATE
IN THESE PROGRAMS ARE FRESNO
KERN KINGS MADERA MERCED
MONTEREY SAN BENITO SANTA
BARBARA COUNTY.
SANTA CRUZ SAN JOAQUIN SEE A SAN
LUIS OBISPO AND STANISLAUS.
IN TWO THOUSAND EIGHTEEN THE
TULARE COUNTY LOCAL FARMERS
INJURED ON AN AVERAGE OF TWO
MILLION DOLLARS WORTH OF LOSSES
IN AGRICULTURE EQUIPMENT.
THAT SUCH INCLUDED SPECIALIZED
TRACTORS ALL TERRAIN VEHICLES.
AND THAT ARE USED FOR THE
MOVEMENT OF FOOD PRODUCTION FOR
THAT ARE CALIFORNIA FAMILIES
RELY ON FOR FARMERS LOSING --
AMID A HUNDRED THOUSAND DOLLAR
TRACTOR CAN BE DEVASTATING THESE
LOSSES REQUIRE TIME.
AND MANY TO REPLACE FIX AND A
RECOVERY EQUIPMENT AND CAN
RESULT IN COMPLETE LOSS OF CROPS.
AND BE DEVASTATING TO A SMALLER
OPERATORS.
AS LOCAL LAW ENFORCEMENT WORKS
TOGETHER TO RESPOND TO THE SHARP
INCREASE IN AGRICULTURE CRIME IT
BECOMES CLEAR.
THAT COMBINING AGRICULTURAL
THEFT WITH WHAT OTHER PROPERTY
THEFT MAKES IT DIFFICULT TO
ACCURATELY ASSESS.
THE IMPACT OF THE RESOURCES IN
IT AND ENFORCEMENT ACTIVITIES SB
TWO TO FOUR SEPARATES OUT
AGRICULTURAL THEFT FROM OTHER
TYPES OF THEFT HELPING LAW
ENFORCEMENT BETTER WORK ACROSS
JURISDICTIONS TO IDENTIFY
CRIMINAL PATTERNS.
SB TWO TWENTY FOUR ALSO REQUIRES
THAT THE PROCEEDS AND THE FINES
COLLECTED AS A RESULT OF A
CONVICTION OF THAT CRIME.
BE DIRECTED BACK TO THE REAL
CRIME PREVENTION PROGRAMS IN THE
COUNTIES.
PROGRAMS ENSURING THAT ANY
RECRUITER PROFFERED TO ME I MADE
BY DEFENDANTS THROUGH THE
ILLEGAL SELLING OF AGRICULTURE
PARK PROPERTY IS RECIRCULATED.
BACK INTO THE COMMUNITIES TO
HELP THE REAL CRIME PREVENTION
PROGRAMS.
SEPT OF AGRICULTURAL QUICK QUICK
MEANT NOT ONLY AFFECTS THE
ABILITY OF FARMERS AND
AGRICULTURE BUSINESS OWNERS TO
MAKE A LIVING IT ALSO PARALYZES
FOOD PRODUCTION IN COMMERCIAL
GOODS.
FROM FOOD TEXTILE MATERIALS AND
WATER WHICH TURNS THE EFFECTS OF
THE WHOLE STATE.
WHEN CRIMINAL STEAL FROM FARMERS
THEY'RE ALSO STEALING FOOD FROM
THE TABLES OF HARD WORKING
CALIFORNIA FAMILIES WITH ME
TODAY TO TESTIFY IN SUPPORT OF
SB TWO TWENTY FOURS TULARE
COUNTY SHERIFF MIKE PEDRO?
AND MY CALL REPRESENTING FARMERS
AND THE CALIFORNIA FARM BUREAU.
THANK YOU WITNESSES YOU MAY
PROCEED.
MADAM CHAIR MEMBERS MY NAME IS
MIKE BOUDREAUX I'M THE SHERIFF
OF TULARE COUNTY THANK YOU FOR
HEARING ME THIS MORNING.
JUST GIVE ME SOME INFORMATION
BACKGROUND AND TULARE COUNTY.
EACH YEAR TULARE COUNTY FARMERS
PRODUCE A HUNDRED AND TWENTY
DIFFERENT COMMODITIES WHICH
PROVIDE FOOD TO OVER NINETY
DIFFERENT COUNTRIES IN THE WORLD.
TULARE COUNTY IS OFTENRANKED IN
THE TOP THREE FOOD PRODUCING
COUNTIES IN THE STATE OF
CALIFORNIA AND IS OFTEN IN THE
TOP FIVE NATIONALLY.
CROP AND LIVESTOCK REPORTS FROM
TWENTY FOURTEEN TO TWENTY
SEVENTEEN SURE THE WERE
PRODUCING ANCILLARY COUNTY
BETWEEN SIX AND EIGHT BILLION
DOLLARS WORTH OF COMMODITIES
AGRICULTURE.
EVERY YEAR.
SOME OF THE ISSUES THAT I'M
FACING IS TO LAKE COUNTY SHERIFF
EACH YEAR HI FACE APPROXIMATELY
TWO MILLION DOLLARS WORTH OF
AGRICULTURAL THEFT.
IN MY COUNTY ALONE. FOR MANY
YEARS TULARE COUNTY SHERIFF'S
OFFICE THERE AG CRIMES UNIT WE
RECEIVE FUNDING FOR DETECTIVES
THAT WOULD HELP TO PLAY
EQUIPMENT RESOURCES TRAINING IN
A SOCIAL RESOURCES THAT WOULD
HELP INVESTIGATE THESE TYPES OF
CRIME.
OVER THE COURSE OF YEARS WE'VE
SEEN REDUCTION IN THAT.
THE CRIMINAL ELEMENT WITHIN
AGRICULTURE AS LONG AS THERE'S
MONEY TO BE MADE THEY WILL STILL
OUR AGRICULTURE.
OFTENTIMES WE SEE AGRICULTURAL
THEFT IS BATTERIES OR COPPER
WIRE IN FAST AND IT MAY SEEM
MINOR IN NATURE IN THE BEGINNING
BUT THE THE ELEMENT
SOPHISTICATION OF CRIMINALS OF
TODAY IN THE AGRICULTURAL WORLD.
IS QUITE ALARMING IN TWENTY
SEVENTEEN WE HAD WHAT WAS CALLED
THE JUSTIN GREER CATTLE THEFT
AND EMBEZZLEMENT CASE.
JUSTIN GRINS FATHER BRUCE GEAR
BRUCE GEAR STOLE OVER SIX
MILLION DOLLARS WORTH OF CATTLE.
EMBEZZLEMENT AND DIFFERENT
BUSINESSES WHICH THIS
INVESTIGATION WHEN ACROSS FOUR
DIFFERENT STATES.
AND DUE TO THE COMPLEXITY OF THE
CASES WE SPENT THOUSANDS UPON
THOUSANDS OF MAN HOURS IN THIS
CASE NOT REIMBURSED COMING OUT
OF OUR GENERAL FUND.
USING OUR ROLE CRIMES UNIT.
ANOTHER CASE IN POINT WOULD BE
CASE WHEN INTERNATIONALLY.
THE TULARE COUNTY ALLMAN OF THE
STASH SHOW PRODUCERS FELL VICTIM
TO AN ORGANIZED CRIME GROUP.
FROM.
SOUTHERN CALIFORNIA MILLIONS OF
DOLLARS WORTH OF PISTACHIOS AND
US WERE STONE.
SOME OF THESE NOTES WERE LOCATED --
IN SHIPS WERE ACTUALLY HEADING
INTERNATIONALLY TO SAUDI ARABIA
AND THROUGHOUT THE UNITED STATES.
THIS CASE TO DETECTIVES ALL OVER
THE STATE OF CALIFORNIA WORKING
EXTENSIVELY WITH MULTI
INVESTIGATION WITH MULTI
AGENCIES BOTH IN LOS ANGELES AS
WELL AS A CENTRAL SAN JOAQUIN
VALLEY WHICH DEPLETED OUR
RESOURCES.
THE TWENTY COUNTY SHERIFF'S
OUTSIDE UNIT USES CUTTING EDGE
TECHNOLOGY WHICH IS EXPENSIVE
BECOMES AVAILABLE ONLY THROUGH
OUR RURAL CRIMES INTO COMBAT ARE
REAL CRIME EFFORTS.
WE USE GPS TRACKERS LEADS ONLINE
SYSTEMS ACQUIRING AND
IMPLEMENTING NEW AND EFFECTIVE
TECHNOLOGY AGAIN WHICH IS
INCREDIBLY EXPENSIVE BUT YET.
OUR FARMERS ARE FARMWORKERS OUR
FAMILIES OUR STORES ARE ALL
IMPACTED OUR INSURANCE COMPANIES
ARE ALL IMPACTED BY THESE
AGRICULTURAL FAST IN THE STATE
OF CALIFORNIA.
I DO SUPPORT SB TWO TWENTY FOUR
AM BY MAKING ACCESS TO SEPARATE
CRIME IN RECIRCULATING MONEY
FROM FINES BACK IN THE ROLE
CRIMES PROGRAMS.
THIS COULD TRULY HELP A BADLY
NEEDED ADDITION OF RESOURCES AND
PERSONNEL TO SUPPORTER EFFORT TO
STOP THE CRIME EFFORTS HERE IN
CALIFORNIA [inaudible]
THANK YOU.
THANK YOU NEXT WITNESS.
MORNING MADAM CHAIR AND MEMBERS
MY NAME'S MICHAEL -- I AM A
FORMER MANAGER OF IT EIGHTEEN
THOUSAND ACRE RANCH IN YOUR
COUNTY.
WHERE I'VE BEEN EMPLOYED FOR
ALMOST TWENTY NINE YEARS -- I AM
STRONG SUPPORTER THIS BILL IS
THE CONTINUED INCREASE AND AG
THEFT AND AND OUR R. RANCHO LOAN --
ONE OF THE THINGS TO SHARE OF
MENTION ABOUT COPPER WIRE THAT
HE'S BEEN A BIG PROBLEM IN YOLO
COUNTY.
AND IT'S NOT THE TWO HUNDRED
DOLLARS OR TWENTY DOLLARS THAT
THEY GET FROM THE WATER IT'S THE
TWENTY OR THIRTY OR FORTY
THOUSAND DOLLAR REPAIR.
THAT TO A PUMP STATION -- AND
EVEN MORE IMPORTANTLY.
WE HAVE ROUGHLY NINE MILLION
DOLLARS INVESTED EVERY YEAR IN
THE RICE CROP IN OF WATERS NOT
ABLE TO BE DELIVERED BECAUSE OF
THE STAFF STATES SHUT DOWN A
PUMP STATION.
IT'S DEVASTATING -- OVER THE
YEARS WE'VE.
YOU KNOW I I WENT BACK THROUGH
LOOK TO JOB DESCRIPTIONS IN THE
CHANGE SO MUCH AND SECURITY HAS
BECOME SUCH A BIG PART.
OF THE EMPLOYEES NOW -- LAST
WEEK WE HAD A TRACTOR.
IT WAS -- STOLE FROM ONE OF THE
YARDS AND LIKELY THEY CAN GET
AROUND THE GATE AND GOT STUCK --
BUT IT TOOK PROBABLY THREE OR
FOUR HOURS OF VIEWING OUR
SECURITY SYSTEM BY MY SECRETARY
TO TRY TO GET FIGURE OUT WHO
WOULD TAKE EFFECT.
SO I'M IN STRONG SUPPORT.
AND I THINK WE NEED TO DO
SOMETHING TO DETER THIS STAFFED
THANK YOU.
DO WE HAVE OTHER WITNESSES IN
SUPPORT.
IN THE MORNING ON BEHALF OF THE
ALLMAN ALLIANCE A CALIFORNIANS
SUPPORT.
GOOD MORNING LUCIA MUCH LOBBY OF
THE CALIFORNIA STATE SHERIFFS
ASSOCIATION SUPPORT.
MY SECOND DOLLARS THE DAUGHTER
OF A SMALL WELL -- THE DROUGHT
HAS SEVERELY HANDICAPPED SMALL
FARMERS IN MY CELL AND TO LARRY
AND I JUST WANT TO SPEAK.
ON BEHALF OF MY FATHER AND MANY
OF OUR NEIGHBORS WHO HAD FALLEN
VICTIM TO THE CRIMES LIKE THIS
AND TWENTY THOUSAND DOLLARS A
LOT WHEN YOU ONLY HAVE.
A HUNDRED EIGHTY TO TWO HUNDRED
ACRES AND WITH THE DROUGHT IN
THE NEW EXPENSES ON WATER
REGULATION.
THIS COULD REALLY HELP ON THAT
SO THANK YOU.
THANK YOU OTHER WITNESSES IN
SUPPORT.
MADAM CHAIR MEMBERS STEELER
OCEAN THE CALIFORNIA FARM BUREAU
IN STRONG SUPPORT.
THANK YOU ALL RIGHT TO WE HAVE
WITNESSES IN OPPOSITION.
MY UNDERSTANDING IS THE AGO IT
GO AHEAD.
GOOD MORNING LESLIE CALDWELL FOR
THE CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION I JUST WANNA LET THE
COMMITTEE AND THE SENATOR NO WE
ARE WITHDRAWING OUR OPPOSITION
[inaudible]
THANK YOU.
ART TO SEEING THEIR OPPOSITION --
BEEN BEFORE I TAKE COMMENTS OR I
WILL CALL IN THE NEXT GENERAL I
JUST WANT -- TO CLARIFY THAT --
I THINK MOST OBSERVERS OF THIS
COMMITTEE KNOW THAT WE TEND NOT
TO AS CHAIR I TEND NOT TO MAKE
RECOMMENDATIONS ON BILLS.
THAT ARE CREATE NEW CRIMES OR
EXPAND SYNCING BUT THIS BILL
DOES NOT CHANGE PENALTIES.
IT PRIMARILY IMPROVES OUR
ABILITY TO TRACK THE CRIMES --
IN A VERY MUCH APPRECIATE THAT
THAT IS WHAT ITS FOCUSES -- AND
SO I HAVE MADE A RECOMMENDATION
IN SUPPORT OF THE BILL SENATE
AROUND CHAIR.
YES.
THANK YOU.
I HAD A QUESTION THE OTHER.
THE STATE AT SOME OF THE LOSSES
THROUGH THE THING COTTON.
OF THE CEILING -- THE COPPER
WIRE AND THE FENCES NECK I THINK
BUT YOU SORT OF MADE REFERENCE
TO THAT THERE'S OTHER COSTS
ASSOCIATED YOU KNOW JUST BE ON
THE TH AFTER THAT COULD YOU
COULD YOU SHARE SOME OF THOSE
OTHER COST AND IN.
IT YOU KNOW.
ASSOCIATED WITH THESE CRIMES OF
THE STAFF YES I YOU KNOW I'M
GLAD YOU ASKED WE AYE ACE
ACTUALLY SPOKE TO ONE OF OUR
CITRUS FARMERS HE HAS OVER A
THOUSAND ACRES OF CITRUS AND
DURING TIMES OF FREEZE AND WHAT
IT'S IMPORTANT UNDERSTAND HOW
THE ORANGE WORKS ITSELF IF THE
INTERNAL.
PORTION OF THAT ORANGE FREEZES
YOUR ENTIRE CROP IS DECIMATED.
THERE'S WINDMILLS THROUGHOUT --
WINDMILLS THE WIND MACHINES THAT
ARE THROUGHOUT -- THE THE CITRUS
ORCHARDS THAT HELP KEEP THE
TEMPERATURES CERTAIN LEVEL.
IF A CRIMINAL COMES IN AND
STEALS BATTERIES OR DIESEL OR
COPPER BASED ON ANY OF THOSE
WHEN MACHINES BEING USED IN YOUR
IN THE MIDDLE OF THE NIGHT.
HAVING TO GET THOSE NGUYEN
MACHINES GOING ONE DEGREE.
CAN MAKE A DIFFERENCE BETWEEN A
SUCCESSFUL YEAR.
AND AN EIGHTY FIVE THOUSAND TWO
HUNDRED AND FIFTY THOUSAND
DOLLAR LOSS BASED ON PORTIONS OF
THAT ACREAGE NOT RECEIVING THAT
TEMPERATURE SO THE OVERALL
DAMAGE MAY BE SMALL IN NATURE
WITH THE THEFT OF AN EIGHTY
DOLLAR BATTERY OR A TWO HUNDRED
DOLLAR PIECE OF COPPER.
OR SIXTY GALLONS OF GASOLINE.
BUT THE OVERALL IMPACT OF THAT
CROP COULD BE DEVASTATING TO THE
FARMER.
ANY OTHER QUESTIONS OR COMMENTS
THE BILL GREAT WE HAVE A MOTION
SENATOR GROVER G. LIKE -- TO
CLOSE IS RESPECTFULLY ASK YOUR
AYE THAT THANK YOU.
ALRIGHT WE'LL HAVE A ROLL CALL
MISSION IS TO PASS AS AMENDED TO
APPROPRIATIONS SKINNER HI IN OUR
AYE MORLOCK.
BRADFORD.
BRADFORD AYE JACKSON AYE JACKSON
AYE MITCHELL.
MITCHELL I'M AROUND.
MORRELL AYE WIENER.
WE'LL HOLD THE BILL OPEN FOR MY
ABSENT MEMBERS BUT IT'S LOOKING
GOOD THANK YOU MADAM CHAIR AND
THANKS SO MUCH.
FOR THANK YOU.
PRESENTING AND WE WILL IN YOUR
WITNESSES.
WE WILL NOW MOVE TO LET'S SEE
WHAT WE AT NOW -- CENTER WILK.
THIS IS ITEM THIRTEEN SP.
FOUR ZERO NINE THANK YOU MADAM
CHAIR AND MEMBERS.
SB FOUR OH NINE HELPS LAW
ENFORCEMENT AND STATE COUNTY AND
CITY AGENCIES STOP PROPERTY
OWNERS AND TRUCK OWNER OPERATORS
FROM ENGAGING IN UNLAWFUL
DROPPING THE RESULT IN
ENVIRONMENTAL POLLUTION DAMAGE.
EXISTING LAW ADDRESSES ONLY
SITUATIONS IN WHICH A PROPERTY
OWNER DOES NOT GIVE PERMISSION
TO UNLAWFULLY DUMP WASTE MATTER
ON HIS OR HER PROPERTY.
MANY PROPERTY OWNERS ARE GIVING
TRUCK OWNERS AND OPERATORS
COMMISSION TO TOP WASTE MATTER
ON THEIR LAND WITHOUT FIRST
OBTAINING THE REQUIRED PERMITS
FROM STATE COUNTY AND OR LOCAL
AGENCIES.
THE OWNERS PROFIT FROM
COLLECTING CASH FOR TRUCK OWNERS
SLASH OPERATORS PROFIT FROM
CHARGING THE HIGH COSTS FOR THE
TRANSPORTATION OF WASTE.
INTENDED FOR LICENSE DUMPSITE
INSTEAD DELIVERING THE WAYS TO
PROPERTY OWNERS LAND FOR FAR
LOWER AMOUNT OF MONEY THERE BY
POCKETING THE DIFFERENCE.
YES BEFORE -- NINE CLOSE THIS
LOOPHOLE IS STATE LAW BY
DRESSING SITUATIONS WHICH A
PROPERTY OWNER GETS CONSENT.
ANY AS TRANSPORTATION AND
TRANSPORTERS OF WAYS TO THE
STATUTE THE BILL ALSO.
INC IS INCREASING PENALTIES AS
EXISTING AS EXISTING FIGHT
AMOUNTS ARE LOW NOTE THAT
VIOLATORS CONSIDER IT CHEAPER TO
OFFEND -- SERVING LITTLE TO NO
INSTANCE SERVING AS LITTLE TO NO
INCENTIVE TO STOPPING THIS
UNLAWFUL PRACTICE.
IN THE END OF THE ALLEY THERE
WERE EIGHTY NINE PROPERTIES
BETWEEN JANUARY TWO THOUSAND
SEVENTEEN THROUGH MARCH TWO
THOUSAND AND NINETEEN THAT HAD A
NOTICE A BUILDING CODE
VIOLATIONS.
RECORDED BY THE DEPARTMENT OF
PUBLIC WORKS DUE TO THE DUMPING
OF WASTE EXCEEDING FIFTY KEEPING
GUARDS ON THE PROPERTY.
THIS NUMBER ONLY PLACE VALLEY
AND IF IT IS RAPID THROUGHOUT LA
COUNTY.
THOSE WHITE IS CRUCIAL THAT THE
STREET AND THAT THOSE
TRANSPORTING THE WASTE FACE
CONSEQUENCES.
AND FOR LAW ENFORCEMENT TO STOP
THEM FROM POLLUTING.
OTHERS RECENT CASE OUT IN THE
LAKE LOS ANGELES AREA.
WHERE THEY WERE CAUGHT AND THEN
THEY COULD BACON CHICKEN THEY
WERE CAUGHT THEY WERE CITED BUT
THEN THEY CONTINUE TO DUMP BUT
THEY WERE DOING IT AT NIGHT --
THE EVENTUALLY PROSECUTED BUT
ALL THE NEIGHBORS WERE BEEN
ADVERSELY AFFECTED BY A BY ALL
THAT WASTE -- THAT WAS DUMPED --
AND AND FOR FOR ME THIS IS AREA
THIS IS CONCERNING THE ADULT
VALLEY THIS THESE MOST OF THESE
COMMUNITIES ARE RURAL.
THEY'RE POOR AND THEY'RE IN
THEIR COMMUNITIES OF COLOR I
RECENTLY MET WITH -- I HEART
LAKE LOS ANGELES AND IT'S A
COMMUNITY ACTIVIST GROUP.
THAT'S COMMITTED TO TO CLEANING
UP THEIR COMMUNITY I BELIEVE YOU
HAVE OF PHOTOS.
OF SOME OF THE SOME OF THE SITES
THAT THEY'VE DONE INCLUDING
HAVING MEDICAL WASTE DONT -- IN
A VACANT LOT.
WHERE KIDS HAVE TO WALK TO GET
TO GET TO SCHOOL?
THEREFORE I BELIEVE THIS IS A
APPROPRIATE MEASURE THAT WILL.
THAT ASSESS ADEQUATE PUNISHMENTS%
FOR THOSE USING A USING THIS
LOOPHOLE. TO ADVERSELY AFFECT
DISADVANTAGED COMMUNITIES I'M
ALSO HAPPY TO NOTIFY YOU OF LATE
SUPPORT.
RECEIVE FROM THE CALIFORNIA
ASSOCIATION OF PROFESSIONAL
SCIENTISTS WHICH IS THE STATE'S
EMPLOYED SCIENTISTS RESPONSIBLE
PROTECT AND PROTECTING THE
PUBLIC WILDLIFE AND NATURAL
RESOURCES FROM WASTE AND
POLLUTION [inaudible]
THANK YOU.
AND I URGE AN AYE VOTE -- CENTER
MITCHELL GO TO YOUR QUESTION
AFTER WE HEAR FROM ANY WITNESSES
IN SUPPORT OKAY.
SO WE HAVE WITNESSES IN SUPPORT.
MADAM CHAIR UP THAT RAN WITH
THEIR IN READING ASSOCIATES
REPRESENTING THE CALIFORNIA
ASSOCIATION OF PROFESSIONAL
SCIENTISTS WE THINK THIS IS A
GOOD BILL.
ILLEGAL DUMPING IS A PROBLEM
THAT SHOULD BE DISCOURAGED IN
THE WAY WE MAKE THE WAY TO
DISCOURAGE IT IS TO MAKE IT LESS
PROFITABLE AND WE THINK THIS
BILL DOES THAT SOME THANK YOU.
ANY OTHER WITNESSES IN SUPPORT.
DO WE HAVE WITNESSES IN
OPPOSITION [inaudible]
THE BILL.
YEAH WE HAVE IN THE MOTION.
K. LIKE TO BE YOURS [inaudible]
THE HEAD.
LESLIE CALDWELL FOR THE PUBLIC
DEFENDER'S ASSOCIATION
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION.
FIRST OF ALL -- WE ARE OPPOSED
BECAUSE THIS MAKES AN INFRACTION
A MISDEMEANOR.
SO IT RAISES THE CONSEQUENCES AS
WE ALL KNOW MISDEMEANORS HAVE A
VARIETY OF COLLATERAL --
CONSEQUENCES TO INCLUDE
LICENSING DENIALS EMPLOYMENT
OPPORTUNITIES REMOVED -- AND
THEY FILL ARE ALREADY FULL JAILS --
THE SENATOR REFERRED TO POOR
RURAL.
AREAS LARGELY PEOPLE OF COLOR
THOSE ARE THE PEOPLE THAT WILL
FACE THE MOST CONSEQUENCES IN
ERMS OF RAISING THIS FROM AN
INFRACTION. TO A MISDEMEANOR.
COUNTY JAIL COST SOMEWHERE
AROUND FIFTY SEVEN THOUSAND
DOLLARS A YEAR TO HOUSE AN
INMATE.
THAT'S JUST SLIGHTLY LESS THAN
IT WOULD COST TO SEND SOMEONE TO
STANFORD OR HARVARD.
THERE'S NO REASON TO MAKE THIS A
MISDEMEANOR WE'RE TALKING ABOUT --
PROPERTY OWNERS WHO HAVE GIVEN
THEIR PERMISSION FOR THIS
DUMPING THERE ARE OTHER WAYS TO
DISCOURAGE THIS.
THEN TO SPEND THE TAXPAYERS'
MONEY PUTTING PEOPLE IN JAIL AND
ENDANGERING LICENSES AND
EMPLOYMENT OPPORTUNITIES AND
SCHOOLING OPPORTUNITIES THANK
YOU.
GOOD MORNING MADAM HAIR MEMBERS
MIKE A DOCTOR OFF ON BEHALF OF
THE ACLU OF CALIFORNIA HERE AND
RESPECTFUL OPPOSITION TEST
BEFORE -- NINE I WOULD ECHO MY
COLLEAGUES COMMENTS.
ON AN AD A COUPLE ADDITIONAL
POINTS ON FIRST WE THINK THAT
THIS BILL IS UNNECESSARY -- IT
IS ALREADY UNLAWFUL TO TRANSPORT
THESE MATERIALS FOR THE PURPOSE
OF DUMPING THEM ON PRIVATE
PROPERTY WITHOUT THE OWNER'S
CONSENT.
SO LONG AS A PERSON TRANSPORTING
THESE MATERIALS HAS THE SPECIFIC
INTENT TO COMMIT THE CRIME THE
PERSON CAN ALREADY BE CONVICTED
OF ATTEMPTED DUMPING UNDER
CURRENT LAW.
IF A PERSON TRANSPORTING THESE
MATERIALS DOES NOT POSSESS THE
SPECIFIC INTENT TO DUMP THEM.
THEN THAT PERSON SHOULD NOT BE
GUILTY OF A CRIME WHETHER AS AN
ATTEMPT UNDER CURRENT LAW.
OR AS A NEW CRIME UNDER SB --
NINE ON SECOND UP WHILE THE GOAL
OF ENCOURAGING PEOPLE TO SEEK
APPROPRIATE PERMITS AND LICENSES
TO DEPOSIT THESE MATERIALS ON
PRIVATE PROPERTY.
IS WORTHWHILE FAILURE TO DO SO
DOES NOT RISE TO THE LEVEL OF A
CRIME.
SUCH FAILURES ARE MORE
APPROPRIATELY ADDRESSED TO
PROFESSIONAL REGULATIONS AND
ALREADY ARE UNDER EXISTING LAW.
AND LASTLY CRIMINALIZING BOTH
THE PROPERTY OWNER AND THE
PERSON WHO DEPOSITS THE
MATERIALS WHEN IT IS OFTEN THE
CASE THAT NEITHER WAS
RESPONSIBLE FOR OBTAINING THE
PERMIT OR LICENSE.
AND MAY NOT KNOW WHETHER A
PERMIT OR LICENSE ONCE PROPERLY
OBTAINED WILL NOT ACTUALLY
ADDRESS OR TO TURN THE BEHAVIOR
CONTEMPLATED BY THE SPELL.
INSTEAD THE CRIMINAL CONVICTIONS
AN INCREASE MANDATORY FINDS MADE
NEEDLESSLY FALL ON WELL
INTENTIONED PROPERTY OWNERS AN
INNOCENT LOW WAGE WORKERS WHO
CANNOT AFFORD THE FINES.
AND WHOSE INABILITY TO PAY THESE
FINES WILL HAVE LASTING
CONSEQUENCES ON THEIR LIVES AND
THE LIVES OF THEIR FAMILIES. FOR
THESE REASONS WE RESPECTFULLY
OPPOSE THE BILL THANK YOU.
OTHER WITNESSES IN OPPOSITION.
RIGHT SENATOR MITCHELL.
THANK YOU.
THANK YOU VERY MUCH -- THIRD
WHAT CORPORATE SHE TO PICTURES --
AND WHAT I ASSUMED IN READING
THE ANALYSIS AND THE BILL WAS
THAT YOU'RE REALLY LOOKING AT
THESE THESE COMPANIES WITH BIG
TRUCKS THAT ARE DOWN THE
ALTHOUGH SOME OF THE PICTURES
YOU SO.
YOU KNOW THE HOUSEHOLD ITEMS.
YOU KNOW MY QUESTION REALLY IS.
IF THE CURRENT SOLUTION OF
PENALIZING A TO THE BIG
COMPANIES IS IT WORKING DO YOU
REALLY THINK.
MOVING IT FROM ONE CATEGORY.
OF A CRIME TO ANOTHER IT WILL
MAKE THAT SIGNIFICANT A
DIFFERENCE SO IN THE SECOND
QUESTION YOU CAN ANSWER BOTH --
OPPOSITION SAID THE PEOPLE HAVE
PERMISSION TO DUMP.
ON PRIVATE LAND BUT I'M ASSUMING
LAKE LOS ANGELES'S AND PRIVATE
LAND ROB SOMEBODY IS HAPPENING.
GREAT -- BOTH A GREAT QUESTION
SO SOME TERMS OF THE BILL SO --
THIS OBVIOUSLY AN ISSUE
EVERYWHERE IT'S A BIG ISSUE MY
DISTRICT I AS YOU I'M SURE
YOU'RE WHERE RECENTLY THE LA
COUNTY BOARD OF SUPERVISORS SAID
THIS IS A HIGH PRIORITY FOR THEM.
THERE ARE ACTUALLY THE ONES THAT-REACHED OUT THE WANTING IT.
TO YEAH IT DIDN'T TO DO THIS AS
WELL AS LA DA'S OFFICE WHO
ACTUALLY WROTE THIS -- WE STILL
HAVE A SUPPORT LETTER FROM THEM --
I'M.
SO IT I DON'T TAKE PRIDE OF
AUTHORSHIP IN TERMS OF THAT IF
THERE'S A WAY THAT WE CAN
ENHANCE PENALTIES BUT IT'S LESS
THAN THAN THE MISTER MEAN I'M
FINE WITH THAT WE JUST WANNA PUT
ENOUGH ECONOMIC IN.
DISINCENTIVE IN THERE.
THE LIKELIHOOD -- SO I MEAN SO
THAT'S IT SO THESE MOST OF THESE
ARE THESE ARE PROFESSIONAL COPY
BECAUSE THE TIPPING FEES HAVE
GONE UP IN LA.
SO THESE ARE MOSTLY PROFESSIONAL
COMPANIES ARE COMING AND IN
DOING IT NOT JUST GESTURE
GESTURE RANDOM PEOPLE AND ITIS
RAMPANT THROUGHOUT AND I GUESS
MY OTHER QUESTION WOULD BE WHEN
YOU CONSIDER THE NUMBER OF OF
TRUCK DRIVERS ARE INDEPENDENT
CONTRACTORS IS NOT ALWAYS THE
BIG COMPANY.
SO I AS WE TRY TO SUPPORT SMALL
BUSINESSES AND RECOGNIZING THE
OTHER PRESSURES THAT INDEPENDENT
TRUCK DRIVERS ARE EXPERIENCING.
THIS WILL PUT THAT ON THE TABLE
TO A YEAH I I AT MY UNDER IT AND
AGAIN YOU KNOW THIS IS IT'S
ALWAYS A COLLABORATIVE PROCESS
BUT THEY DID IT THEY WERE
TALKING ABOUT.
THE LANDOWNERS OKAY WITH THE
DUMPING WELL IF YOU DON'T HAVE
THE PROPER PERMITTING.
AND IT'S NOT SANCTIONED.
IT SHOULD AND SHOULDN'T BE
SHOULD BE APPROPRIATE AND I
WATER I I AGREE WITH SOME OF THE
THINGS ARE SAD THEY OBVIOUSLY
DON'T LIVE IN THESE COMMUNITIES
BECAUSE I THINK THEY WOULD THEY
WOULD HAVE A DIFFERENT
PERSPECTIVE.
SO I AM OPEN IN TERMS OF WHAT IS
A WHAT IS THE PARTICULAR
SANCTION OUGHT TO BE.
I'M JUST LOOKING FOR THE SWEET
SPOT WHERE DOES IT DISCOURAGES
THIS SO.
THANK YOU MAY I VENTURE.
THAT SENATOR JACKSON YES AND I
COULDN'T AGREE MORE YOU KNOW
WE'RE A CHINA'S NO LONGER TAKING
A LOT OF OUR WASTE AND WE'RE NOT
WE'RE NOT QUITE SURE WHAT TO DO
WITH IT -- SO -- BEFORE YOU KNOW
WE'VE WE'VE SEEN PEOPLE LAUGH AT
THE NOTION WE'RE TRYING TO GET
RID OF PLASTIC BAGS AND AND
PLASTIC STRAWS AND THINGS THAT
ARE REALLY CREATING PROBLEMS AND
THEN WE'VE GOT OF COURSE --
THINGS LIKE OUR BATTERIES AND
OTHER TOXIC MATERIALS IN CHINA'S
NO LONGER TAKING WE DON'T WANT
DUMPED IN OUR NEIGHBOR'S YARDS
OR OUR YARDS ARE BACKYARDS.
SO WHY I APPRECIATE THIS BILL
AND I THINK IT'S IMPORTANT --
I'M WONDERING THOUGH MY
UNDERSTANDING IS THAT THE
COMMITTEE STAFF OFFERED -- OR
RECOMMENDED THAT YOU -- THE
TAKEN AMENDMENT TO LEAVE
EXISTING PENALTIES IN PLACE BUT
WHILE INCREASING THOSE TO WHOM
THE BILL APPLIES AND I WONDER IT
DIDN'T HEAR YOU MENTION THAT --
I I CERTAINLY APPRECIATE WE
DON'T NEED MORE CRIMES TO TETRA
TECH FOR BUT WE HAVE A REAL
PROBLEM AND I APPRECIATE THAT
THE AUTHORS INDICATED.
THAT THEY DO YOU WANT TO FIND
THAT SWEET SPOT AND I'M
WONDERING IF THIS MIGHT HELP
THOSE THOSE THOSE WERE DISCUSSED
NOT OFFERED IT BUT WE'RE WILLING
WERE WILING TO TAKE IT TO TAKE
THOSEAS AMENDMENTS.
SO WHAT I WOULD LIKE TO DO SO
AYE AYE ON MOVE THE BILL ALL
SUPPORTED NOW BUT I WANT TO SEE.
ACCOMMODATIONS MADE THE GOAL IS
TO GET IS TO STOP THE DUMPING SO
IF WE CAN FIGURE OUT THE BEST
WAY TO DO THAT -- I WILL.
BE PAYING CLOSE ATTENTION AND
KNOW THE AUTHOR TO BE A MAN OF
HIS WORD SO WITH THAT MADAM.
CHAIR I WOULD -- MOVE THE BILL
AS AMENDED I BELIEVE IS THE
SENATOR.
WHAT CAN KID YOU'LL TAKE THAT AS
AN AMENDMENT?
SO WITH THAT -- AS AMENDED I
WOULD MOVE THE BILL RIGHT SO I
WANT TO JUST MAKE SURE ON THE
RECORD WE ALL UNDERSTAND THAT WE
WOULD BE -- ACCEPTING THE BILL
IS WRITTEN IN TERMS OF THE
CHANGE.
FOR FEES AND FINES BUT WHAT WE
WOULD BE.
ASKING YOU IN THIS MOTION WOULD
BE TO REMOVE THE INCREASE TO
MAKING THIS A MISDEMEANOR SO
REST STAY IN A FRACTION I'M FINE
WITH THAT OKAY.
ALL RIGHT SO.
WITH THAT WE HAVE A MOTION --
YOU MAY CLOSE.
AGAIN I APPRECIATE THE
OPPORTUNITY TO SHARE THIS I
THINK THIS IMPORTANT MEASURE TO
DECREASE ILLEGAL DUMPING WHICH
ADVERSELY FAX ACTUALLY ALL
COMMUNITIES AND AND FAX CHILDREN
THE ENVIRONMENT.
AND REALLY APPRECIATE YOU GIVING
THIS -- YOUR FULL ATTENTION THIS
MORNING THANK YOU VERY MUCH ND
ASK FOR AN AYE VOTE.
EXCELLENT SO LET'S DO A ROLL
CALL ON THE MOTION.
WITH THE ACCEPTED AMENDMENTS.
AND IT WOULD BE TO PASS AS
AGREED TO BE AMENDED TO A PROBES.
SKINNER FIVE IN OUR AYE MOORLACH
[inaudible]
BRADFORD.
JACKSON HI JACKSON AYE MITCHELL.
MITCHELL I AM AROUND
[inaudible]
HI WIENER.
ALL RIGHT WITH THE WILL HOLD THE
ROLE OPEN.
CERTAINLY AND WE WILL NOW GO TO
ITEM SIXTEEN SB FOUR EIGHTY FIVE
SENATOR BILL [inaudible]
BUT GOOD MORNING -- HAPPY TO
PRESENT THIS BILL -- SB FORTY
FIVE TO THE COMMITTEE -- THIS
BILL PROHIBITS THE SUSPENSION.
OF A DRIVER'S LICENSE FOR NINE
VEHICLE RELATED CRIMES.
SUSPENDING A DRIVER'S LICENSE
BECAME A POPULAR MESSAGE OF
PUNISHMENT IN THE I GUESS THE
EIGHTIES OR NINETIES.
OF WHETHER OR NOT A CRIME HAD
ANYTHING TO DO WITH OPERATING A
VEHICLE -- IN RESEARCHING THIS I
FOUND THAT -- VEHICLE CODE
STATUES WERE RATHER HAPHAZARD.
YOU KNOW SOME CRIMES WERE.
INCLUDED SOME CRIMES ARE NOT --
NO DRIVER'S LICENSE IS ESSENTIAL
FOR PEOPLE OF EVERY DAY'S LIVES
SUSPENDING A LICENSE FOR CRIMES.
UNRELATED TO DRIVING DOES NOT
INCREASE THE PUBLIC SAFETY
PROBABLY DETERS THE PERSON'S
ABILITY TO CARE FOR THE CHILDREN
WORK GO TO WORK.
MAINTAIN EMPLOYMENT AND PAY
RESTITUTION.
SALIVA HOODS DEPEND ON HAVING A
VALID LICENSE. 78% OF
CALIFORNIANS DRIVE TO WORK IN
OVER FIVE MILLION JOBS.
IN CALIFORNIA REQUIRE A VALID
DRIVER'S LICENSE.
IN TWENTY EIGHTEEN THE CHICAGO
JOBS COUNCIL RELEASED A REPORT.
HIGHLIGHTING THE NEGATIVE
IMPACTS OF UNNECESSARY DRIVER'S
LICENSE SUSPENSIONS OF
INDIVIDUALS LIVING IN ILLINOIS.
SURVEY FOUND THAT 52%.
OF THE RESPONDENTS WHO LOST
THEIR LICENSE FOR NON VEHICLE
VIOLATIONS.
MR EMPLOYMENT OPPORTUNITY DO THE
SUSPENSION. 72% HAD TO PAY MORE
THAN FIVE HUNDRED DOLLARS. TO RE
OBTAIN A VALID LICENSE AND 31%.
IN -- THE STUDY PAID MORE THAN
THREE THOUSAND DOLLARS. TO RE
OBTAIN A VALID LICENSE.
THE FINANCIAL BURDEN MAY BE -- A
LEADING FACTOR -- INDIVIDUALS
DRIVE THAT CAUSE PEOPLE TO DRIVE
WITH A SUSPENDED LICENSE.
SUSPENSION FOR NON VEHICLE
REALLY CRIME LEASE TO
INCARCERATION FINES FEES
IMPOUNDING VEHICLES ALL WHICH
THIS PORTION DISPROPORTIONATE
EFFECT LOW INCOME FAMILIES.
AND COMMUNITIES OF COLOR THIS
FOR PUNISHMENT IS REALLY
OUTDATED AND EFFECTIVE.
NOW FLORIDA PASSED IN A
BIPARTISAN LEGISLATION TO AND
SUSPENSIONS FOR NON VEHICLE
RELATED CRIMES IN.
TWENTY SEVENTEEN IT'S TIME FOR
CALIFORNIA ALSO TO DO THIS.
SB FORTY FIVE IS A COMMON SENSE
SOLUTION. TO MORE THAN ONE
PROBLEM INCREASES THE LIKELIHOOD
OF THOSE THAT THOSE CONVICTED
WILL BE ABLE. TO TO MAINTAIN
EMPLOYMENT AND PAY RESTITUTION.
IT ALSO [inaudible]
OF IN MY COMMITTEE WE HAD A
HEARING ON THE DMV.
AND WE SAW HOW FAR BEHIND AN
OVERLOAD THE WORKLOAD IS NOW WE
FIND OUT THEY'RE ASKING. FOR TWO
HUNDRED THIRTY EIGHT MILLION
DOLLARS IN -- THIS COMING YEAR'S
BUDGET.
NOW IT THIS ELIMINATES SOME OF
THE OF INEFFICIENT UNNECESSARY
WORKLOAD.
IN THE DEPARTMENT OF MOTOR
VEHICLES I THINK THAT'S A GOOD
THING.
I REGION I VOTE WE HAVE SOME
SPEAKERS AND TURN OVER THE
MEASURE.
THANK YOU GO AHEAD WITH INSTANCE
SUPPORT.
GOOD MORNING MADAM CHAIR.
NO MEMBERS.
OKAY.
JUSTA QUICKLY I'D LIKE TO POINT
OUT.
TO THE SUIT WE KEEP THIS VERY
VERY SHORT I'M LAURIE TOILING
BACK TO CONFISCATE ALL FORTY
MURATSUCHI ASIANS WITH SPONSORS
OF THIS BILL.
WHAT SENATE BILL FORTY EIGHTY
FIVE REALLY DOES IS TO GET RID
OF A LOT OF OLD STRANGE
STATUTORY?
EXCEPTIONS OF REQUIRE SUSPENSION
OF A DRIVER'S LICENSE.
EVEN WE'RE DRIVING HAS NOTHING
TO DO WITH THE OFFENSE.
EVEN WHERE THE COURT CONCLUDES
HIS LOWER NOR REALLY
REHABILITATE FUNCTION AND EVEN
WHERE DOING SO MIGHT ACTUALLY
NEGATIVELY IMPACT.
THE DEFENDANT'S ABILITY TO STAY
OUT OF TROUBLE PAY RESTITUTION.
AND SO IN THESE CASES THE
SUSPENSION PROVES TO BE
COUNTERPRODUCTIVE.
AND COMPLETELY CONTRARY TO THE
INTERESTS OF JUSTICE.
THE LAW DOES NOT SENATE BILL
FORTY FIVE DOES NOT.
PREVENT THE JUDGE FROM SUSPENDED
A LICENSE WHERE APPROPRIATE.
EVEN IN THE CASES WHERE WE'RE
CHANGING THE LAW RIGHT HERE.
CHURCHES RETAIN THE RIGHT TO
IMPOSE ANY PROBATIONARY
CONDITION THAT ARE REASONABLY
RELATED TO THE CRIME AT ISSUE.
NOW IN THIS CASE OBVIOUSLY
WINNER DRIVER'S LICENSES
INVOLVED DRIVING HAS TO BE
INVOLVED SOMEPLACE IN THE
EQUATION I WOULD.
EXPECT BUT FOR THE MOST PART
IT'S JUST A QUESTION OF THE
JUDGE HAS THE ABILITY TO TAILOR.
THE PROBATIONARY CONDITIONS TO
THE ACTUAL OFFENSE.
BUT ALSO TO THE SITUATION OF THE
DEFENDANTS SO YOU DON'T HAVE
CASES WHERE.
A DEFENDANT.
PERHAPS IN A VERY CLOSE URBAN
AREA WHO DOESN'T REALLY NEED A
CAR IS LOSING HIS LICENSE BUT A
DEFENDANT IN A WORLD THAT YOU
SEE TO JEWISH AND WHERE.
A CAR IS ABSOLUTELY ESSENTIAL.
WOULD NOT SO THAT'S BASICALLY
WHAT THIS BILL IS ALL ABOUT IS
TRYING TO BRING FAIRNESS AND
EQUITY TO THE SITUATION. TO THE
SITUATION AND TO GET RID OF SOME
OUTDATED LAWS AND I SINCERELY AS
FOR THE COMMITTEE'S SUPPORT FOR
THE BILL.
THANK YOU THREE OF OTHER
WITNESSES IN SUPPORT.
I THINK IN THE US WITH THE
NATIONAL ASSOCIATION OF SOCIAL
WORKERS IN STRONG SUPPORT.
MIKE A DOCTOR OFF WITH THE ACLU
OF CALIFORNIANS SUPPORT.
LESLIE CALDWELL FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION IN SUPPORT.
MEDI HIRED FROM THE CALIFORNIA
CIVIL LIBERTIES ADVOCACY IN
STRONG SUPPORT.
DAN CORRODE OUR MAIL FROM
LAWYERS COMMITTEE FOR CIVIL
RIGHTS OF SAN FRANCISCO IN
SUPPORT.
SABRINA CROW SAID HE WOULD LEGAL
SERVICES FOR PERSONS WITH
CHILDREN IN SUPPORT.
MORNING DOMINIQUE NON FOR THE
CHILDREN'S DEFENSE FUND
CALIFORNIANS SUPPORT.
ALRIGHT ANY OTHER WITNESSES IN
SUPPORT OKAY LET'S SEE IF
THERE'S WITNESSES IN OPPOSITION.
ALL RIGHT SEEING.
NINE OF A WE DON'T HAVE OTHER
MEMBERS PRESENT I CAN'T MAKE
THIS MOTION.
NO ALL RIGHT SO.
WE GIVE ALL SHE'S SAROVIC THIS
IS THE PROBLEM WHEN TUESDAY
MORNING COMMITTEES THERE'S OTHER
COMMITTEES AND MY MEMBERS ARE
OFF EITHER PRESENTING BILLS ARE
SITTING IN THEIR OTHER
COMMITTEES BUT THEY WILL RETURN --
SO -- WE WILL.
HOLD THE BILL -- TO WHAT THE IN
WILL ACCEPT A MOTION AS SOON AS
OUR MEMBERS RETURN BUT THANK YOU
FOR THE PRESENTATION AND MY
RECOMMENDATION ON THE BILL IS
SUPPORT.
SO.
WELL THAT DOESN'T GUARANTEE THAT
HE GETS THROUGH COMMITTEE I
THINK IT'S GOING TO BE IN GOOD
SHAPE.
AND APPRECIATE YOUR BRINGING IT
TO US THANK YOU THANK YOU.
OKAY.
OF LET'S SEE.
WE HAVE SENATOR GLACIER HERE
[inaudible]
NO -- IN CENTER MITCHELL'S NOT
HERE BUT I AM HERE IF I COULD
PRESENT TO MYSELF -- I THINK
WHAT WE WILL DO RIGHT NOW.
IT WAS WILL JUST TAKE A TEN
MINUTE RECESS -- NO ALL RIGHT
WHAT [inaudible]
CREATION.
WE COULD TAKE A TEN MINUTE
RECESS.
AND BY THEN I THINK SOME OF OUR
OWN.
ACCUSE ME.
MEMBERS MIGHT BE BACK AND WE CAN
LEAST -- GET THE MOTION --
SENATOR BILLS BILL OR MY OR I
MYSELF COULD PERCENT SO WE WILL
DO A TEN MINUTE RECESS. FOR THE
PUBLIC SAFETY COMMITTEE WHICH
MEANS WE WILL RETURN AT TEN
FORTY FIVE OKAY.
THANK YOU
OUR COMMITTEE AGAIN
AND SENATOR GLAZER YOU GET TO
PRESENT TO ME.
SIR WE ARE -- ITEM NINETEEN SB.
SIX FIVE ONE YOU CAN HEAR ME.
TRY AGAIN AND NOW IS IT WORKING
YES THANK.
WELL THANK YOU AT YOUR SKINNER
AND MEMBERS OF YOUR COMMITTEE
FOR BEING HERE.
FOR THIS IMPORTANT BILL AT AS A
MANY OF YOU ARE AWARE THIS BILL
WOULD ALLOW ALL DEFENDANTS
CONVICTED OF SERIOUS AND VIOLENT
CRIMES.
AND SENTENCED TO FIFTEEN YEARS
OR MORE TO MAKE A MOTION FOR
DISCOVERY.
INNOCENT PEOPLE ARE CURRENTLY
SERVING TIME FOR CRIMES THAT
THEY DID NOT COMMIT.
HORACE ROBERTS FROM RIVERSIDE
COUNTY WHO IS NOW SIXTY WAS
EXONERATED AFTER SPENDING
NINETEEN YEARS IN PRISON. FOR A
MURDER HE DID NOT COMMIT.
CHORUS WAS RELEASED THIS PAST
OCTOBER AFTER FORENSIC EVIDENCE
CLEARED HIM OF THE CRIME.
AND THAT LAW ENFORCEMENT'S THAT
LAW ENFORCEMENT TO THE ACTUAL
KILLER.
THIS BILL RECOGNIZES PEOPLE LIKE
CHORUS WHO ARE SERVING TIME FOR
CRIMES THEY NEVER COMMITTED.
JUSTICE ALL DOESN'T ALWAYS WORK
THE FIRST TIME IN THE
LEGISLATURE RECOGNIZES THAT.
THAT'S WHY WE PASSED ASSEMBLY
BILL NINETEEN EIGHTY SEVEN BY
ASSEMBLY MEMBER LACKEY LAST YEAR.
WHICH EXPANDED POST CONVICTION
MOTION FOR DISCOVERY TO
DEFENDANTS CONVICTED OF SERIOUS
VIOLENT CRIMES AND SENTENCED TO
FIFTEEN YEARS OR MORE BEGINNING
ON JANUARY FIRST. NINETEEN
TWENTY NINETEEN BUT DUE TO LAST
MINUTE AMENDMENTS LAST YEAR THE
BILL ONLY APPLIED PROSPECTIVELY
TO FUTURE CASES.
UNFORTUNATELY THIS MEANT THAT
ANYONE CONVICTED PRIOR TO TWENTY
NINETEEN WOULD NOT BE ABLE TO
MAKE A MOTION FOR DISCOVERY.
THIS BILL ALLOWS THE PROVISIONS
OF AB NINETEEN EIGHTY SEVEN TO
APPLY RETROACTIVELY TO CASES
BEFORE JANUARY FIRST OF THIS
YEAR.
AS MEMBERS KNOW DISCOVERY
PROVIDES DEFENDANTS WITH
DOCUMENTS AND MATERIALS RELATING
TO THEIR CASE.
AFTER THEY'VE BEEN CONVICTED OF
A QUALIFYING CRIME.
THIS CAN BE HELPFUL FOR INNOCENT
PEOPLE WHO ARE SERVING TIME FOR
CRIMES THEY DID NOT COMMIT.
BUT A JUDGE THE JUDGE STILL HAS
TO GRANT THE MOTION FOR
DISCOVERY.
SO NOT EVERYONE THAT MAKES A
MOTION FOR DISCOVERY IS GRANTED
DEFENDANT'S STILL HAVE TO MAKE A
STRONG CASE FOR NEEDING THIS
INFORMATION.
AND DEMONSTRATE THAT THEY MADE A
GOOD FAITH EFFORT TO OBTAIN ALL
RELEVANT DOCUMENTS.
AND MATERIALS THROUGH OTHER
AVENUES THE BILL IS SUPPORTED BY
THE CALIFORNIA INNOCENCE
COALITION THE ACLU NOW THE
GROUPS.
THAT ARE DEDICATED TO PROTECTING
CIVIL LIBERTIES AND WITH THAT
MADAM CHAIR.
I UP REQUEST AN AYE VOTE.
JOINING ME TODAY IS MESSI
O'CONNELL FROM THE CALIFORNIA
INNOCENCE COALITION AND MY CAT
DR OFF FROM THE ACLU OF
CALIFORNIA AND THEY WILL
ELIMINATE THIS ISSUE EVEN MORE
[inaudible]
GOOD MORNING -- THANK YOU
COMMITTEE MEMBERS THANK YOU
MADAM CHAIR YOU SENATOR GLAZER
FOR BRINGING SB -- SIX FIFTY ONE
AS ALREADY STATED MY NAME IS
MELISSA O'CONNELL I'M AN
ATTORNEY WITH THE NORTHERN
CALIFORNIA INNOCENCE PROJECT.
WE ARE VERY AWARE THA THEY'RE
INNOCENT PEOPLE CURRENTLY
INCARCERATED IN OUR PRISONS --
AND MOST OF THEM DO NOT HAVE THE
RIGHT TO POST CONVICTION
DISCOVERY WITHOUT DISCOVERY --
THE POST CONVICTION REVIEW
PROCESS IS INEFFICIENT --
SOMETIMES INCOMPLETE AND
SOMETIMES IMPOSSIBLE -- WHEN TEN
FIFTY FOUR POINT NINE WAS FIRST
ENACTED IT WAS AT THE PEAK OF
THE INNOCENCE MOVEMENTS AND WE
HAD JUST AS A STATE PASSED POST
CONVICTION RIGHTS TO DNA TESTING?
OUR DOORS HAD JUST OPENED -- AND
ADD THE RAMPARTS SCANDALS HAD
REVEALED THAT PEOPLE WERE BEING
CONVICTED OF FALSE EVIDENCE OR
FABRICATED EVIDENCE AND SO THAT
LED TO THE BIRTH OF TEN FIFTY
FOUR POINT NINE BUT THE RIGHT
ONLY EXISTED FOR THOSE SENTENCED.
TO LIFE WITHOUT THE POSSIBILITY
OF PAROLE OR DEATH -- BUT THE
LAST SEVENTEEN YEARS THAT
REVEALED TO US IN THE INFANT
INNOCENCE MOVEMENT IS THAT MOST
OF OUR CLIENTS ARE SENTENCED TO
FIFTEEN YEARS TO LIFE TWENTY
FIVE YEARS TO LIFE AND SOME
DETERMINATE SENTENCES.
IN THE DECADES OR EVEN HUNDREDS
OF YEARS BUT THEY FALL OUTSIDE
OF THE PROTECTIONS OF TEN FOR
THE FOUR POINT -- NINE SENATOR
GLAZERS IT TOOK A LOT OF MY
FOUNDER OF FOR FOR WHY WE NEED
TO DO IS TO APPLY TO THOSE THAT
ARE CURRENTLY IN COSTS ARE
INCARCERATED.
BUT I WOULD JUST ADD THAT AS
THOSE OF US THAT OUR INNOCENCE
LAWYER WE TAKE OUR
RESPONSIBILITY VERY SERIOUSLY
AND REVEALING A POST CONVICTION
CASES.
WE APPRECIATE OF WHITES -- THIS
REVIEW CAN DO TO THE VICTIMS AND
SURVIVORS OF CRIMES -- AND SO
ADDS TO SERVE THAT AND OUR
REVIEW IS ARDUOUS AND AND
THOROUGH -- BUT WITHOUT
DISCOVERY.
THAT COULD LEAD TO INCOMPLETE OR
OR AT INCOMPLETE FILES ARE
INCOMPLETE RECORDS ARE THAT
COULD LEAD TO AN INACCURATE
REVIEW OF THE CASE -- THERE ARE
SAFEGUARDS IN SB SIX FIFTY ONE
THAT CARRIED OVER FROM AB
NINETEEN EIGHTY SEVEN TO MAKE
SURE THAT THE ONUS OF PROVIDING
DISCOVERY DOESN'T REST ENTIRELY
ON THE PROSECUTION.
WE APPRECIATE THE RESOURCES
CONCERNS -- FROM THE STATE --
BUT SB SIX FIFTY ONE AS
NECESSARY TO MAKE SURE THAT
THOSE 224% OF OUR PRISON
POPULATION THAT ARE CURRENTLY
INCARCERATED BEHIND A WRONGFUL
CONVICTION -- OUR EXPEDITED IN
THE PROCESS THAT WE CAN IDENTIFY
THE WRONGFUL CONVICTION AND
EXONERATE THEM SO THANK YOU.
VERY MUCH.
NEXT WITNESS.
MISTER CHAIRMAN MEMBER MIKE A
DOCTOR OFF ON BEHALF OF THE ACLU
OF CALIFORNIA HERE IN PROUD
SUPPORT OF SB.
SIX FIFTY ONE AND THERE HAVE
BEEN MORE THAN A HUNDRED AND
NINETY EXONERATIONS IN THE STATE
OF CALIFORNIA AND LESS THAN
THIRTY YEARS.
MANY OF THESE CASES HAVE BEEN
RIDDLED WITH RACIAL BIAS POLICE
MISCONDUCT AND FLOOD FORENSIC
SCIENCE.
MOST OF THE EXONERATES CAME FROM
COMMUNITIES WITH HISTORIC ACCESS
TO JUSTICE PROBLEMS AND MORE
THAN HALF OF THEM ARE BLACK OR
BROWN.
UNFORTUNATELY THESE CASES
REPRESENT JUST A FRACTION OF THE
INNOCENT PEOPLE IN PRISON IN
CALIFORNIA.
WITHOUT A FISSION ACCESS TO POST
CONVICTION DISCOVERY THESE
MISCARRIAGES OF JUSTICE WILL
CONTINUE TO CLAIM PEOPLE'S LIVES
WITH INNOCENT PEOPLE SPENDING
EVER MORE TIME IN PRISON BEFORE
WINNING THEIR FREEDOM.
THEIR FAMILIES LOSING YEARS OF
THEIR LIVES WITHOUT THEIR LOVED
ONES AND THE SURVIVORS AND
VICTIMS OF CRIMES AND THEIR
LOVED ONES HAVING TO WAIT THAT
MUCH LONGER FOR CLOSURE.
SB SIX FIFTY ONE IS A REASONABLE
RESPONSIBLE BILL THAT WILL HELP
PROMOTE INTEGRITY FAIRNESS AND
JUSTICE IN OUR CRIMINAL LEGAL
SYSTEM.
WELL SB SIX FIFTY ONE EXPANDED
POST CONVICTION DISCOVERY COULD
INCREASE PROSECUTORS WORKLOAD
SUCH EXPANSION IS CERTAINLY
WARRANTED GIVEN WHAT'S AT STAKE
AND ANY ASSOCIATED COSTS OR
RESOURCES PALE IN COMPARISON TO
THE COSTS AND RESOURCES USED TO
INCARCERATE INNOCENT PEOPLE. FOR
ALL OF THESE REASONS WE ARE
PLEASED TO SUPPORT THIS BILL AND
ASK FOR YOUR AYE VOTE TODAY
THANK YOU.
SENATOR GLAZERS ANY OTHER
WITNESSES IN SUPPORT.
RESIDENTS HALLS WITH THE
NATIONAL ASSOCIATION OF SOCIAL
WORKERS IN STRONG SUPPORT.
NICHOLAS CONTROLS FOR THE
CALIFORNIA CIVIL LIBERTIES
ADVOCACY AND SUPPORT.
LESLIE CALDWELL FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION IN SUPPORT.
THE BEING ACROSS CITY WITH LEGAL
SERVICES FOR PERSONS WITH
CHILDREN IN STRONG SUPPORT.
ANY OTHER WITNESSES IN SUPPORT
ANY WITNESSES IN OPPOSITION
[inaudible]
MORNING. FIFTEEN FIFTY MATTHEWS
ON BEHALF OF THE CALIFORNIA
DISTRICT ATTORNEYS ASSOCIATION
AND WE RESPECTFULLY OPPOSE SB.
SIX FIFTY ONE WE'RE NOT ARGUING
THE MERITS OF THIS POLICY
HOWEVER APPLYING THE LAW
RETROACTIVELY.
PLACES A HEAVY BURDEN ON
PROSECUTORS DUE TO THE SHEER
VOLUME OF THESE CASES.
OCCURRING DISTRICT ATTORNEYS TO
RESPOND TO A WHOLE NEW WAVE OF
THESE DISCOVERY REQUESTS.
THE LEGISLATURE'S IMPOSING NEW
DUTIES ON PROSECUTORS WITHOUT
ALLOCATING SPECIFIC FUNDS FOR
THAT INCREASE.
WITHOUT A SPECIFIC FUNDING
MECHANISM WE CANNOT SUPPORT THIS
BILL AND I'D LIKE TO THINK THE
AUTHOR FOR REACHING OUT TO US
AND WE HOPE TO WORK TOGETHER TO
RESOLVE THIS ISSUE BEFORE IT
GOES TO THE FOR MISS MATTHEWS.
ANY OTHER WITNESSES IN
PPOSITION THAT'S RIGHT.
CORRECT ANY OTHERS.
ALL RIGHT COMMENTS OR QUESTIONS
BY OUR COLLEAGUES.
YES SENATOR JACKSON'S YES I AM I
SUPPORT THE THE THE THE POLICY
HERE -- I'M JUST WONDERING WE
JUST PUT THIS INTO EFFECT -- I
SUSPECT THERE IS GOING TO BE A
SIGNIFICANT COST IS I KNOW WE'RE
NOT HERE TO TALK ABOUT COST BUT
I'M JUST WONDERING -- YOU KNOW
IF THAT IS.
IF WE SHOULD BE GOING
ESSENTIALLY FULL BORE ON THIS --
BECAUSE I I WANT.
TO CAN I MAKE SURE THAT WE ARE
NOT -- ALLOWING OR REQUIRING LAW
ENFORCEMENT TO MAKE DECISIONS
ABOUT WHAT THEY'RE GOING TO DO
AND NOT TO I THINK BACK ON
THINGS LIKE.
PROSECUTING RAPE CRIMES OR CHILD
ABUSE CRIMES AND THINGS WHEN
THEY SAY WE DON'T HAVE THE
RESOURCES TO DO IT.
I DON'T WANT TO SEE US PUT IN
THE POSITION WHERE.
LAW ENFORCEMENT AND THE DA'S
ANALOG SAYING HEY WE JUST DON'T
HAVE THE MONEY SO WE'RE GOING TO
HAVE TO PRIORITIZE.
AND THIS WILL COME BEFORE
SOMETHING ELSE SO DO YOU HAVE
ANY THOUGHTS IF I MAY THROUGH
THE CHAIR -- ON HOW -- WE CAN BE
SURE THAT THE OTHER
RESPONSIBILITIES AND PRIORITIES
THAT WE SET FORTH FOR LAW
ENFORCEMENT WILL CONTINUE TO BE
APPROPRIATELY -- PRIORITIZE WHAT
THE SAME TIME DOING WHAT IS
CLEARLY AN IMPORTANT -- EFFORT
HERE.
AND BE FOR YOU RESPOND -- CENTER
GLAZER I JUST WANT.
TO MAKE SURE THAT WE ALL
UNDERSTAND.
THAT THIS BILL.
IS A BASICALLY A CORRECTION. TO
A INADVERTENT ADMISSION IN A
BILL THAT WE PASSED LAST YEAR
THAT MADE IT THROUGH A PROCS AND
THAT WAS SIGNED BY THE GOVERNOR.
SO THE WHATEVER COST ISSUES ARE
NOT NECESSARILY EXACERBATED BY.
THIS -- ACTION BUT SENATOR
GLACIER PLEASE PROCEED IT THANK
YOU CHAIR SKINNER AND WOULD IT
BE CORRECT THAT THAT LACKEY BILL
THAT.
WENT TO THIS COMMITTEE.
LAST YEAR WENT THROUGH IN A FORM
IN WHICH THESE TYPES OF
SITUATIONS WERE COVERED IS THAT
IS THAT RIGHT YES AND WERE AND
AND FI AND I MY STAFF COULD
CORRECT ME BUT I DON'T WANT.
TO MISS STATUS BUT IT CERTAINLY
WAS OUR UNDERSTANDING AND IT WAS
IN OUR ANALYSIS.
THAT WE S. I WANT TO SAY ASSUME
IT'S NOT A PROPER BUT RATHER THE
ANALYSIS WAS BASED ON THE
UNDERSTANDING THAT THE PROVISION
YOUR NOW CORRECTING FOR WAS.
IT THAT IT WAS NOT IT.
THAT THAT -- MISSION WAS.
THAT WAS NOT CAUGHT RIGHT SO IN
OTHER WORDS THE NOW SIS WAS WAS
BASED ON THE UNDERSTANDING THAT
THE THINGS THAT YOU'RE NOW
BRINGING TO LIFE.
WAS ALREADY ACCOMMODATED
COOKBOOK GO AHEAD.
AND AND DISTRICT TO CLOSE ON
THAT TO THE CENTERS GOOD
QUESTION IT IS A GOOD QUESTION
AND IT CERTAINLY WOULD BE A
CONCERN OF ALL OF OURS -- BUT
OUR ABILITY TO PUT OURSELVES IN
THAT IN THAT PLACE OF JUDGMENT
BY THESE INDIVIDUALS DISTRICT
ATTORNEYS AND OTHERS.
IS A DIFFICULT THING WE HOPE
THAT THEY IT WILL CARRY OUT
THEIR RESPONSIBILITIES AND
FOLLOW THE LAW AND AND GO AFTER
BAD PEOPLE WHO COMMIT SERIOUS
ACT YOU KNOW CRIMES.
THAT THEY'LL THEY'LL THEY'LL DO
THAT AND BUT THEY WON'T THAT WE
WON'T FOR SOME TO MAKE THESE
TYPES CHOICES I KNOW THAT'S IN
THE PERFECT WORLD AND BUT
PRAGMATICALLY.
ALL I'M TRYING TO DO HERE IS
MAKE SURE THAT -- YES THERE'S A
BURDEN ON THE PROSECUTION BUT
THERE'S A HEAVY A BURDEN ON
SOMEONE IN PRISON FOR SOMETHING
THEY DIDN'T DIDN'T DO.
AND THAT WE WE OWE IT AT
WHATEVER COST TO MAKE SURE THEY
HAVE THOSE RIGHTS -- TO TO
DEFEND THEIR INNOCENCE THAT
WHICH IS ALL THIS BILL ATTEMPTS
TO TO ADDRESS.
ALRIGHT WE HAVE A MOTION --
SENATOR GLAZERS LIKE TO CLOSE AT
THANK YOU FOR YOUR CONSIDERATION
ASTRONOMICAL RATE -- SEEING NO
OTHER COMMENTS OR QUESTIONS WE
WILL TAKE A ROLL CALL.
QUESTION IS THE PAST TO
APPROPRIATIONS SKINNER BY YOUR
AYE MORE LOCK.
MORE LIKE AYE BRADFORD.
BRADFORD AYE JACKSON JACKSON AYE
MITCHELL MITCHELL I'M AROUND.
WIENER AYE WIENER AYE.
THANKS VERY MUCH THANK YOU THANK
YOU THANKS SO MUCH JOHN CENTER
AND WHEN SINCE WE WILL NOW
ENTERTAIN A MOTION ON SENATOR
BILLS BILL HE PRESENTED -- BUT
UNFORTUNATELY THERE WAS NO ONE
OTHER THE NEED TO MOVE THAT BILL
SERVICE THERE -- MEMBER THAT
GREAT OKAY SO ANY QUESTIONS OR
COMMENTS AROUND SENATOR BILLS
BILL.
OKAY THEN WE'LL DO A ROLL CALL.
MOTION IS THE PASTOR
APPROPRIATIONS SKINNER HI IN OUR
AYE MORE LOCK.
BRADFORD.
BRADFORD AYE JACKSON.
HI JACKSON AYE MITCHELL MITCHELL
AYE MORALE WIENER AYE WIENER AYE.
OKAY GREAT -- WHY DON'T WE
CENTER MITCHELL WANT YOU PERCENT?
AND THAT IS ITEM SEVENTEEN SORRY
I SHOULDN'T.
FORD CENTER THAT WAY BUT I WAS
THINKING ABOUT GOING CONSENT BUT
I THOUGHT NOW LET'S GET THIS.
SB.
FIVE FIVE FIVE I APPRECIATE THAT
MADAM CHAIR THANK YOU VERY MUCH.
COLLEAGUES TO THEIR PRESIDING SB
FIVE FIVE FIVE WHICH WILL DO
THREE THINGS IN SHORT.
THE GOAL IS TO REDUCE THE COST
OF COMMUNICATION SERVICES AND
COMMISSARY ITEMS SOLD IN COUNTY
JAILS SECOND WE WE HOPE TO
PROMOTE FISCAL RESPONSIBILITY.
IN JAIL CONTRACTS WITH SERVICE
PROVIDERS.
AND THIRD TO ENSURE THAT THE
LEGISLATIVE INTENT OF THE INMATE
WELFARE FUND IS PROTECTED.
WITH THIS BILL OUR GOAL IS TO
HAVE AN OPPORTUNITY TO ENABLE
STRONGER FAMILY CONNECTIONS
THROUGH COMMUNICATIONS.
WHICH CREATES A HIGHER
PROBABILITY OF IMPROVING
RECIDIVISM RATES FOR THOSE
INCARCERATED.
A LITTLE BIT OF BACKGROUND
CALIFORNIA ALLOWS EVERY.
INDIVIDUAL COUNTY SHARE TO
NEGOTIATE HIS OR HER OWN
CONTRACT INDEPENDENTLY WITH
PRIVATE COMPANIES THAT PROVIDE
COMMUNICATION SERVICES TO COUNTY
JAILS.
THE CONTRACTS AND SERVICES ARE
LARGELY UNREGULATED WHICH IS
RESULT IN PRIVATE COMPANIES
GAINING SIGNIFICANT PROFITS.
OFF THE BACK OF THE INCARCERATED
AND THEIR LOVED ONES.
THE INMATE WELFARE FANS HAVE
BEEN.
IN SOME INSTANCES MISUSE FOR
PURPOSES THAT DO NOT BENEFIT THE
REHABILITATION OF INMATES AT
HAVE BEEN INSTEAD USE WITH
SERVICES THAT PROBATION
DEPARTMENTS.
AND THE COUNTIES SHOULD ALREADY
BE PROVIDING. FOR EXAMPLE THERE
ARE CASES IN WHICH IN MAY WELL
FOR FUNDS WERE USED TO PURCHASE
SECURITY CAMERAS.
AND TRANSPORT BANDS. TO THIS IN
SB FIVE FIVE FIVE WILL DO THE
FOLLOWING IT WILL LIMIT THE
COSTS OF PHONE AND AN ELECTRONIC
COMMUNICATIONS AND THE COST OF
ITEMS SOLD IN THE COMMISSARIES.
IT WILL PROHIBIT CONTRACTS FROM
INCLUDING COMMISSIONS OR OTHER
INCENTIVES FOR THE PROCUREMENT
OF CONTRACTS.
IT WILL TIGHTEN THE PERMISSIBLE
EXPENDITURES OF COUNTY INMATE
WELFARE FUNDS AND WILL REMAIN
THE COUNTY INMATE WELFARE FUND
TO INCARCERATED PEOPLE'S WELFARE
FUNDS.
AT THE STATE LEVEL THE
COMMISSION FROM THE PRIVATE
COMPANIES THAT PROVIDE TELEPHONE
SERVICES TO CDC ARE HAVE BEEN
REDUCED.
THE PURPOSE OF THIS BILL IS TO
SIMILARLY REDUCE THE COST OF
PHONE CALLS AT THE COUNTY LEVEL
AND TO EXPAND THESE COST
REDUCTIONS OTHER FORMS OF
COMMUNICATIONS.
AS WELL AS THE COMMISSARY ITEMS
SOLD IN JAIL.
UP SOME OF YOU MAY RECALL WE'VE
HEARD A BILL THAT I'VE CARRIED --
SENATE TO SKINNER'S KERRY WITH
REGARD TO IN PERSON VISITATION
IN COUNTY JAILS AND YOU KNOW
THAT THERE ARE DOZENS OF
COUNTIES AND DOZENS OF JAILS
ACROSS THE STATE.
THE DONALD OUT IN PERSON
VISITATION AND SELL FAMILIES
ALREADY HAVE LIMITED COMMUNITY
METHODS OF COMMUNICATION WE WANT
TO MAKE SURE THAT THEY DON'T
CONTINUE. TO PAY EXORBITANT FEES
FOR EITHER THE COMPUTER SYSTEM
OR THE PHONES.
WE HAVE RECEIVED OPPOSITION TO
THE BILL.
THEY WILL ARGUE THAT WE MAY
DISQUALIFY CONTRACTS TO PROVIDE
A BETTER OVERALL SERVICE AND
INSTEAD PROMOTED INFERIOR
CONTRACTED HAPPENS OFFER A
SLIGHTLY LOWER RATE FOR PHONE
CALLS.
WE BELIEVE UNDER THIS BILL ANY
CONTRACT WILL STILL MEET AND
SHOULD STILL MEET THE BASIC
REQUIREMENTS OF TECHNICAL AND
FUNCTIONAL NEEDS FOR SERVICES.
THAT ARE OF APPROPRIATE QUALITY
WE JUST DON'T THINK COMMISSION
SHOULD BE MAYES ON A CONTRACT.
AGAIN AT THE STATE LEVEL C. D.
C. R. HAS ALREADY REDUCE THE
COST OF COMMUNICATIONS FEES AND
OTHER STATES HAVE ALSO JOINED
FORCES INCLUDING NEW YORK AND
TEXAS.
IF WE DON'T REDUCE THE COST OF
COMMUNICATIONS AND SERVICES THE
FINANCIAL BURDEN ON FAMILIES AND
FRIENDS OF THE INCARCERATED WILL
BE FORCED TO CONTINUE TO LOSE
CONTACT WITH THEIR SUPPORT
SYSTEMS ON THE OUTSIDE.
THIS LOSS OF SUPPORT CAN HAVE
SERIOUS COMPLICATIONS INCLUDING.
MIDDLE HEALTH COMPLICATIONS WE
TALKED ABOUT RECIDIVISM
[inaudible]
AGAIN.
OPPONENTS MAY ARGUE THAT THE
MEASURE ELIMINATES FLEXIBILITY
ON HOW I W. F. FUNDS MAY BE
SPENT DESPITE CURRENT STATUTORY
PROTECTIONS INSURING THE
RESULTING PROGRAMS.
BENEFIT INMATES.
AMENDMENTS THE STATUTORY
LANGUAGE GOVERNING THE
EXPENDITURE OF INMATE WELFARE
FUNDS HAVE EXPANDED THE
PERMISSIBLE USES THESE FUNDS FOR
THINGS BEYOND THE SCOPE OF THE
FUND'S ORIGINAL INTENT. FOR
EXAMPLE SOME COUNTIES AGAIN HAVE
BOUGHT.
ITEMS SECURITY CAMERAS TRANSPORT
BANDS THAT HAVE NO DIRECT
BENEFIT TO THE INMATE.
WE BELIEVE IT'S IMPORTANT THAT
THESE FUNDS BE -- TARGETED AND
USED FOR ITEMS SUCH AS
VOCATIONAL TRAINING RECREATIONAL
EQUIPMENT CLOTHING HYGIENE
SUPPLIES FOR INDIGENT INMATES --
RELIGIOUS MATERIALS THOSE ARE
APPROPRIATE SPEND IT YOURS
CAMERAS AND BANDS ARE NOT.
IN CLOSING HUMANS ARE SOCIAL IN
NATURE WE CRAVE CONNECTION TO
PEOPLE ESPECIALLY THOSE WHO CARE
FOR US AND PARTICULARLY WHEN WE
OURSELVES ARE PHILLY FEELING
VULNERABLE ARE AT RISK OR ARE
REMOVED FROM OUR COMMUNITIES AND
FAMILIES.
WE KNOW THE JAIL IS NOT A
PLEASANT PLACE AND THE ABILITY
TO HEAR FAMILY MEMBERS ARE
SISTERS VOICE.
CAN BE YOUR SAVING GRACE.
WITH ME TODAY I HAVE D'AMICO
RODHAM RODNEY ROD OR MAIL
DARNELL ROAD ARE MALE.
WITH THE WOMEN'S POLICY
INSTITUTE AND A MAKE UP MODE OUT
WITH THE YOUNG WOMEN'S FREEDOM
CENTER WHO WAS FORMALLY
INCARCERATED AND EXPERIENCE
DIFFICULTIES CONNECTING WITH HER
LOVED ONES.
I ASK FOR YOUR AYE VOTE.
THANK YOU WITNESSES YOU CAN
PROCEED.
GOOD MORNING MY NAME IS THE MAKE
OF MALTA I AM THE PRISON REENTRY
DIRECTOR AT THE YOUNG WOMEN'S
FREEDOM CENTER IN SAN FRANCISCO.
AND ALSO -- FORMERLY
INCARCERATED WOMAN AND MAMA --
WE ARE CO SPONSORING THIS BILL
TODAY -- I'M ASKING FOR YOUR
SUPPORT ON SB -- FIVE FIVE FIVE
THE THE CURRENT CALIFORNIA
SYSTEM.
OF PLACES A HUGE FINANCIAL
BURDEN.
ON THE LOVED ONES IN SUPPORT
SYSTEMS OF INCARCERATED PEOPLE
I'VE BEEN ON BOTH SIDE OF OF OF
THE FENCE THERE I'VE BEEN THE
INCARCERATED PERSON LEANING ON
MY SUPPORT SYSTEM OUTSIDE.
AND I'VE ALSO SUPPORTED MY
HUSBAND LOVED ONES AND FAMILY
MEMBERS WELL THEY WERE
INCARCERATED AND NEEDED TO
RECEIVE THEIR PHONE CALLS FROM
HOME.
WE KNOW THAT -- YOU KNOW
TYPICALLY IT'S LOW INCOME WOMEN
OF COLOR THAT BEAR THE HEAVIEST
FINANCIAL BURDEN WITH THE
EXISTING SYSTEMS.
WHEN I WAS INCARCERATED -- MY
CHILDREN'S GRANDPARENTS FOR
CARING FOR THEM.
I WAS ALREADY LEANING ON THEM TO
TAKE CARE OF MY CHILDREN AND AND
THAT FINANCIAL BURDEN.
AND MY PHONE CALLS HOME FROM THE
COUNTY JAIL WERE ABOUT SEVENTEEN
DOLLARS A CALL -- WE OFTEN HOW
TO MAKE THE CHOICE OF WHETHER
THEY'RE GOING TO PUT FOOD ON THE
TABLE AND PAY THE ELECTRIC BILL
OR WHETHER THEY COULD ACCEPT A
CALL FOR MOM.
SO IDEALLY I WOULD HAVE LOVED TO
CALL HOME AT LEAST ONCE A WEEK
ONCE A DAY WOULD HAVE BEEN
WONDERFUL O KEEP CONNECTED WITH
MY CHILDREN BUT WITH THE
FINANCIAL LIMITATIONS OF WHAT WE
COULD DO I COULD ON THE CALL
HOME ABOUT ONCE A MONTH -- PHONE
CALLS ARE THE NUMBER ONE WAY
THAT WE STAY CONNECTED WITH OUR
LOVED ONES WHEN WE'RE ON THE
INSIDE -- THEY ARE SUPPORT
SYSTEM.
THIS IS HOW WE MAINTAIN
RELATIONSHIPS WITH THEIR FAMILY
MEMBERS AND THIS IS HOW WE
PREPARE TO COME HOME AND REENTER
SOCIETY.
I OFTEN HAD REALLY HARSH CHOICES
TO MAKE DO I CALL ON MY
DAUGHTER'S BIRTHDAY SO I CALL MY
UNCLE PASSED AWAY.
DO I CALL A WIN MY GRANDCHILD
WAS BORN.
IT WAS ALWAYS A CHOICE BECAUSE
IT WAS A FINANCIAL LIMITATION OF
HOW OFTEN I COULD STAY CONNECTED
TO MY FAMILY -- I THINK THAT.
IT'S REALLY DIFFICULT TO TELL
THE KIDS THAT WEEK WE CAN'T STAY
ENGAGED BUT I CAN'T MOTHER YOU
THE WAY I WOULD LIKE TO EVEN
BEHIND BARS BECAUSE I CAN'T
AFFORD TO DO THAT -- THE COST OF
COMMISSARIES ALSO REALLY HUGE
IMPACT FOR INCARCERATED FOLKS
AND LOVED ONES.
WHERE ARE WE'RE NOT ABLE TO WORK
IN THE COUNTY JAILS SO WE HAVE
NO WAY TO SUPPORT OUR FAMILY
MEMBERS TAKING CARE OF OUR
FAMILY ON THE OUTSIDE?
AND WE RELY ON OUR LOVED ONES TO
ALSO SUPPLY THE BASIC NEEDS THAT
WE NEED MORE INSIDE.
OF YOU KNOW COMMISSARY PROVIDES
REALLY REALLY BASIC -- SO --
DEODORANT THAT OFTEN CAUSE
RASHES AND BURNS ON PEOPLE --
AND SO WE RELY ON FOLKS TO TO
PROVIDE SOME MONEY FOR
COMMISSARY TO BY THE MOST BASIC --
BASIC SUPPLIES ON THE INSIDE --
WE'RE REALLY CLOSE QUARTERS IN
AN OPERATING IS PRETTY IMPORTANT
IN THEIR ASKED SAY THAT YOU
SUPPORT SB.
FIVE FIVE FIVE AND RELIEVE SOME
OF THE FINANCIAL BURDENS THAT
ARE PLACED ON THE MOST IMPACTED
AND MARGINALIZED.
COMMUNITIES AND IMPROVE
ACCESSIBILITY TO OF HONORABLE
POPULATION [inaudible]
THANK YOU.
THANK YOU NEXT WITNESS.
COULD LATE MORNING CHAIR AND
MEMBERS OF THE COMMITTEE MY NAME
IS DAN A CO WROTE ARE MALE AND
I'M ATTORNEY AT LAWYERS
COMMITTEE FOR CIVIL RIGHTS IN
SAN FRANCISCO -- MY LEGAL
PRACTICE ACTUALLY CENTERS ON
COMBATING CONSUMER ABUSES BY
PRIVATE COMPANIES PROFITING FROM
THE CRIMINAL LEGAL SYSTEM.
AND AND WE ARE A VERY PROUD CO
SPONSOR OF SB FIVE FIVE FIVE AND
OVER THE LAST FEW YEARS HAS BEEN
INCREASED ATTENTION ON THE
ECONOMIC IMPACTS OUR CRIMINAL
LEGAL SYSTEM CONTACT HAS ON OUR
COMMUNITY.
AND STARTING WITH FINES AND FEES
WHICH I KNOW SENATOR MITCHELL IS
ALSO WORKING ON THE SESSION --
AND NOW MOVING INTO CHALLENGING
PRIVATE PROFITS MADE IN THE
SPACE AND THERE'S ALSO CURRENTLY
A NATIONAL EFFORT UNDER WAY TO
REDUCE THE COSTS OF
COMMUNICATIONS. FOR INCARCERATED
PEOPLE IN THEIR LOVED ONES --
INCLUDING IN NEW YORK CITY
HAVING MADE PHONE CALLS FREE
LAST YEAR AND A BILL IN
CONNECTICUT RIGHT NOW THAT THAT
SEEKS TO MAKE.
ALL COMMUNICATIONS FREE ACROSS
ALL CORRECTIONAL FACILITIES IN
THE STATE.
THIS BILL WOULD ALSO ADDRESS
HERE IN CALIFORNIA OUR
COMMISSARY COSTS WHICH AMIGAS
SPOKE -- TO I JUST WANNA MAKE
THE POINT THAT LIKE SHE SAID
PEOPLE IN JAILS CAN'T WORK SO
EVEN MARKET RATE.
AT COMMISSARY ITEMS ARE TOO HIGH
FOR PEOPLE INCARCERATED IN THEIR
LOVED ONES TO AFFORD.
AND AND IT'S OUR POSITION THAT
IT'S JUST NOT APPROPRIATE FOR AT
THE COUNTY SHERIFF'S MAKE
COMMISSIONS OFF OF THESE
SERVICES.
AND THAT IT'S TIME TO RE EXAMINE
OUR IN MAY WELFARE FUND AND
CURRENTLY COMMISSIONS PAID TO
SHARES BY THESE COMPANIES ARE
DEPOSITED INTO THE INMATE
WELFARE FUND WHICH WAS CREATED
TO SUPPORT PROGRAMS FOR OF
BENEFIT AND WELFARE OF
INCARCERATED PEOPLE -- HOWEVER
IT CURRENT ISSUES WITH THE I. W.
F. OR NUMEROUS AND CHANGES IN A
LOT HAVE MADE IT EASIER FOR
THESE FUNDS TO BE USED IN A LOT
OF OTHER WAYS. FOR EXAMPLE
ACTUALLY THE TWENTY FIFTEEN
TWENTY SIXTEEN IWF REPORT FROM
ALAMEDA COUNTY SHOWS THAT 57% OF
THE EXPENDITURES FROM THE IWF
WENT TO ADMINISTRATIVE PURPOSES --
FOR THE COUNTY JAILS WHICH
INCLUDED SALARIES OF VEHICLES AT
TRAINING OFFICE SUPPLIES BANK
FEES CELL PHONES -- AND NETWORK
COSTS.
NOW I KNOW THE OPPOSITION'S
POSITION IS THAT THIS BILL MAY
ACTUALLY HARM INCARCERATED
PEOPLE IN COUNTY JAILS BECAUSE
IT'S GOING TO REMOVE FUNDS.
FROM THE IWF WHICH ARE USED FOR
THE BENEFIT WELFARE OF
INCARCERATED PEOPLE -- BUT AGAIN
IT'S OUR POSITION THAT IT'S ALSO
NOT APPROPRIATE.
OR FISCALLY RESPONSIBLE FOR THE
FUNDS TO BE MADE ON THE BACKS OF
PEOPLE AT LEAST ABLE TO PAY THEM
AND THAT IT ACTUALLY.
HARMS PUBLIC SAFETY BECAUSE IT
FRACTURES RELATIONSHIPS BETWEEN
INCARCERATED PEOPLE AND I LOVE
ONES WHICH REDUCES SUCCESSFUL
REENTRY.
AND FINALLY JUST A NOTE THAT
THIS BILL WOULD ALSO CHANGE THE
NAME OF THE INMATE WELFARE FUND
AND THE INCARCERATED PEOPLE'S
WELFARE FIND OUT OF RECOGNITION
THAT THE WORDS THAT WE USE TO
TALK ABOUT PEOPLE ARE REALLY
IMPORTANT.
AND THAT WE SHOULD NOT BE REALLY
RAISING THE HUMANITY OF
INCARCERATED PEOPLE -- THANK YOU
VERY MUCH THANK YOU WITNESSES IN
SUPPORT YOU CAN -- JUST NAME AND
INTO T..
AT THE MIKE THERE EMILY HARRIS
OF THE ELEVATOR CENTER FOR HUMAN
RIGHTS IN STRONG SUPPORT.
THE BEING ACROSS SAID HE WOULD
LEGAL SERVICES FOR PERSONS WITH
CHILDREN IN STRONG SUPPORT THANK
YOU SENATOR.
ERIC ANDERSON WITH INITIATE
JUSTICE STRONG SUPPORT.
KIM LINDBERG ON BEHALF OF THE
FRIENDS COMMITTEE -- LEGISLATION
CALIFORNIA PROUD CO SPONSOR WITH
THANKS TO THE AUTHOR IN THE
COMMITTEE -- TONIGHT.
NICHOLAS GONZALEZ FOR THE
CALIFORNIA CIVIL LIBERTIES
ADVOCACY AND SUPPORT.
MY NAME IS MISS SHAPELY THOUGH
WITH THE TRANS AT THE NOW
COALITION WE ARE CO SPONSOR AND
WE STRONGLY SUPPORT.
GOOD MORNING DOMINIQUE NON FOR
THE CHILDREN'S DEFENSE FUND
CALIFORNIA I PROUD CO SPONSOR.
HOW MOTHER KIANA -- SIXTY WITH
COMMUNITY WORKS IN SUPPORT.
GOOD MORNING GOING BACK AS HER
DRUG POLICY ALLIANCE IN SUPPORT.
UNDER RIVER ON BEHALF OF THE
CALIFORNIA IMMIGRANT POLICY
CENTER IN SUPPORT.
GOOD AFTERNOON IS MY NAME IS
THEIR SUPREMACY ORGANIZE WHAT
ALL OF US AND NONE I'M FORMA
COURSE RATED.
AND I'M AN EXTREME -- STRONG
SUPPORT OF THIS BILL THANK YOU.
LESLIE CALDWELL FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION IN SUPPORT.
MIKE A DOCTOR OFF ON BEHALF OF
THE ACLU OF CALIFORNIANS STRONG
SUPPORT.
THANK YOU ROM NOW WE'LL HEAR
FROM THE WITNESSES IN OPPOSITION.
GOOD MORNING MADAM CHAIR MEMBERS
WHO SHALL MUCH LOWER ON BEHALF
OF THE CALIFORNIA STATE SHERIFFS
ASSOCIATION I RESPECTFULLY AND
OPPOSITION TO SENATE BILL --
FIVE FIFTY FIVE APPRECIATE THE
SUPPORTERS MAKING ON MENTIONING
SOME OF OUR ARGUMENTS WE DO
BELIEVE THAT THIS WILL ON
NEGATIVELY ACTUALLY IMPACTED
INMATES.
AS I YOU ALL KNOW -- DAY
COMMISSION -- THAT TO ADD THESE
CORRECTIONAL FACILITIES RECEIVE
DOES GO INTO THE IN MADE WELL
FOR FIND.
AND THAT IS WHAT PROVIDES THE
INMATES -- WITH EDUCATION AND
CLOTHING AND ALL THE THINGS THAT
THEY NEED -- TO FOR THEM TO BE
ABLE -- TO FUNCTION INDIES
CORRECTIONAL FACILITIES IF WE
TAKE THAT AWAY TO DISPEL IT IS
UNCLEAR HOW ON THAT SIGNED WILL
BE BACK FAILED SO THAT THE
INMATES CAN HAVE ACCESS TO THESE
THINGS -- SO THAT'S WHY WE
RESPECTFULLY OPPOSE AND ASK FOR
YOU TO VOTE NO ON THIS
LEGISLATION UNTIL WE'RE CLEAR
EXACTLY HOW THESE -- THINGS WILL
BE FUNDED IF THIS IS TAKEN AWAY
THANK YOU.
ANY OTHER WITNESSES IN
OPPOSITION.
VERY COMMON SIR -- QUESTION
SENATOR MORE LUCK [inaudible]
MISMATCHED SHORTER.
THE CORRECT -- ARE YOU AWARE OF
A PAY PHONE BEING ANYWHERE IN
THIS CAPITAL.
I DON'T THINK SO [inaudible]
I'M [inaudible]
OUR ARE YOU.
I'M TRYING TO SEE HOW TO
ADDRESSES BUT SYSTEMIC CHANGES
WE ARE WE'RE SEEING A LOT OF
CHANGES IN SOCIETY.
I'M NOT WEARING A WATCH ANYMORE.
ALTHOUGH I'VE BEEN GIVEN SOME
NICE PRETTY ONES -- BUT SHE'S MY
IPHONE I JUST YET SO.
THE WATCH INDUSTRY SORT OF AN
DECLINE NEWSPAPER INDUSTRY
STARTED IN DECLINE [inaudible]
JONES.
PAPON CON I COULD YOU KNOW THIS
BECAUSE IT'S IN THE HALLWAYS BUT
YOU WON'T FIND A PHONE INSIDE OF
SO I'M I'M I I AS A FORMER
COUNTY SUPERVISOR AYE I HAD A
REAL DIFFICULT TIME WITH THE
CONTRACT PER WEEK.
REQUIRED SUCH A HIGH PRICE
[inaudible]
FOR OUR PART.
ARE THOSE INCARCERATED THAT HAD
TO PAY FOR THE PHONE AND AND SO
IN THIS IS THAT IT INDUSTRY
THAT'S CHANGED I'M JUST KIND OF
CURIOUS WHY.
WHY ARE THE SHIRTS HANGING ON TO
IT STILL CHARGING?
SUCH A HIGH PRICE THANK YOU
CENTER I APPRECIATE THE QUESTION
I THINGS ARE GOING HIGH TECH NOW
SO WE ARE ACTUALLY OFFERING.
KING OF THE FACE TO FACE
COMMUNICATION FOR SOMEONE TO BE
ABLE TO SKYPE OR FAMILY MEMBER.
DOES THAT SOUND IF THIS
FACILITIES TOO FAR AND THAT
FAMILY MEMBER -- WANTS TO BE
ABLE TO SKYPE WITH THEIR WITH
THIS THEIR LOVE ONE IN A
CORRECTIONAL FACILITY DOES
SOMETHING THAT WAS NOT OFFERED
YEARS BACK AND NOW IT'S OFFERED.
SO THOSE THINGS -- COST MONEY
AND THAT MONEY IS NOT SOMETHING
THAT WE ARE TAKING WE ARE TAKING
THAT I'M PUTTING IT INTO THAT.
IN MADE WHILE FOR FUND FOR THE
BENEFIT OF THE INMATE WHO'S IN
THAT FACILITY SO WHILE WE WITH
WHILE WE'RE NOT TRYING TO HANG
ON TO SOMETHING THAT'S IN THE
PAST -- JUST BY VIRTUE OF
EMERGING TECHNOLOGY AND KIND
OFFERED AT TECHNOLOGY TO INMATES
WE'RE SAYING THAT WE'RE NOT
SAYING WE SHOULD HANG ON
SOMETHING.
IN THE PAST BUT THAT THESE --
FUNDS THAT WE WOULD GET BECAUSE
WE'RE OFFERING TO SERVICES TO
INMATES SHOULD STAY IN THE IN
MADE WHILE FOR FIND. TO ARE THEY
ALLOWED TO HAVE A CELL PHONE.
BEYOND OF COURSE NOT THEY'RE NOT
ALLOWED TO HAVE CELL PHONES NOW
ARE THEY ALLOWED TO HAVE A CELL
PHONE IN A LOCKER AWAY FROM
THEIR CELL THAT THEY COULD USE
TO MAKE PHONE CALLS.
PURSES VISITS THEY ARE NOT.
BY NOT.
THAT WOULD BE WOULD HAVE TO
DISCUSS THAT WITH THAT THAT EACH.
SHERIFF IN EACH COUNTY TO DECIDE
WHY HEY CHOOSE NOT.
TO IT SAID IT'S A SAFETY RISK
[inaudible]
OKAY.
I'M I'M I'M I'M JUST HAVING
TROUBLE.
I DID YEARS AGO IT JUST SEEMS TO
JUST CHARGE SUCH A HIGH PRICE
FOR THE USE OF A TELEPHONE AND
I'M.
HELP ME OUT I I I OTHER THAN
IT'S A REVENUE SOURCE IT.
I WILL PROVIDE IT WOULD
PROVIDING A SERVICE AND WE'RE
TAKING THAT MONEY AND GIVING IT
BACK TO THE INMATE WE'RE NOT
WE'RE NOT PROVIDING A SERVICE
AND TAKING THAT MONEY. FOR FOR
THE CORRECTIONAL FACILITY
PROVIDING A SERVICE TODAY IN MAY
WILL BRING IT BACK SO THE IMEI
CAN USE THAT FUND. TO PURCHASE
WHAT THEY NEED.
THANK YOU THANK YOU.
THANK YOU CENTER MORE LIKE -- I
WANTED -- TO ADDRESS MY FIRST
COMMENTS TO OUR WITNESSES WHO I
AM.
HI.
REALLY APPRECIATE THAT I CENTER
WHICH BROUGHT THE BILL I FEEL
THAT AND I'M SURE MANY
COLLEAGUES AGREE THAT WE NEED TO
EVEN DO MORE BECAUSE IT IS JUST
RIDICULOUS THAT WE WOULD HAVE A
SITUATION.
WHERE?
WE WOULD HOLD PEOPLE.
AND THEY WOULD HAVE THE
INABILITY TO CONTACT THEIR
FAMILIES WE KNOW THAT WE ARE
TRYING -- TO WITHIN OUR
CORRECTIONAL SYSTEM.
KIND OF BREAK THE CYCLE OF THE
GENERATIONAL.
CONSEQUENCES OF INCARCERATION
AND OF COURSE IF A PERSON WHO'S
A HEALTH.
CARE NOT INTERACT WITH THEIR
FAMILY MEMBERS OBVIOUSLY FOR
CHILDREN BUT OTHER PEOPLE TO HAS
VERY VERY SERIOUS IMPACTS.
AND THE TO SAYS MAKE ANY SENSE
IN TERMS OF FOR ANY OF OUR
MOTIVATION TO TRY TO BREAK THAT
CYCLE.
ON THE OTHER SAW AYE AYE A
APOLOGIZE FOR YOU HAVING TO BEEN
IN THAT SITUATION.
AN EIN THE OTHER COMMENT I WOULD
MAKE IS THAT. FOR THE SHERIFF'S
WILL APPRECIATE THAT SHERIFF'S
ARE LIKE WE HAVE TO HAVE THIS --
FIND BECAUSE WE HAVE THESE VERY
LOW INCOME.
FOLKS BEING HELD IN OUR JAILS
AND SO WE NEED TO BE ABLE TO
PROVIDE FOR THEM.
MOST EVERYONE HELD IN OUR JAILS
IS LOW INCOME.
SO WHO ARE WHO WE CHARGING SOME
TO THEN GIVE A FEW PENNIES TO
OTHERS.
I MEAN WE WE NEED TO GET PAST
THAT [inaudible]
AND THE I DON'T HAVE THE DATA
DIRECTLY IN FRONT OF ME
[inaudible]
BUT PAST VAST MAJORITY.
OF THE FOLKS HELD IN OUR COUNTY
JAILS ARE LOW INCOME SO.
TO THINK THAT WE WOULD USE THE
CHARGES TO A FEW.
AS THE WAY TOO AND THEN FIND
SOME OTHERS IT JUST DOESN'T MAKE
SENSE I KNOW IT HAS BEEN THE
PRACTICE I APPRECIATE THAT BUT
IT DOESN'T MAKE SENSE.
SO I FEEL LIKE THERE'S A LOT OF
THINGS WITH AN S. WE HAVE TO
REFORM AND WHEN WE TALK ABOUT
SKYPE.
YES THERE'S SOME MONEY -- TO GET
SOME SCREENS BUT SKYPE ITSELF
DOESN'T CHARGE I KNOW EVERY
COUNTY JAIL FACILITIES GOT
INTERNET ACCESS THEY WOULDN'T
OPERATE WITHOUT IT.
SO TO TO CHARGE MUCH FOR THAT.
IS JUST PATENTLY ABSURD IN MY
OPINION SO.
I FEEL THIS IS A IMPORTANT STEP
I FEEL LIKE WE NEED TO GO A LOT
FURTHER BUT I CERTAINLY AM NOT
IN ANY WAY ADMONISHING THE
AUTHOR OF THE BILL.
I WOULD SAY ABSOLUTELY THANK YOU
FOR INTRODUCING THIS AND I HOPE
THAT.
AS WE LOOK AT ALL THE POLICIES
RELATED -- TO ARE HOLDING OF
PEOPLE AND IN OUR JAILS AND THE
DISPROPORTIONATE IMPACT OF
CERTAIN OF OUR POLICIES AROUND
THOSE WHO.
DON'T HAVE MEANS THAT WE WOULD
EVEN DO MORE -- SENATOR BRADFORD.
THANK YOU AND I TO SUPPORT THIS
MEASURE AS SOMEONE WHO WORKED IN
THE TELEPHONY AND INDUSTRY I
KNOW WHAT IT COSTS TO GENERATE A
PHONE CALL IT'S PENNIES ON THE
DOLLARS AND IT'S ALMOST OBSCENE
WE LOOK AT THIS ISSUE.
WHEN I WAS IN ASSEMBLY AND I
CHEERED UTILITIES OUT THE
EXORBITANT RATE THAT COUNTY
JAILS ARE CHARGING FOR PHONE
CALLS EVEN WITH IN MAY TWO ARE
FORTUNATE ENOUGH TO HAVE FAMILY
WHO PUT MONEY ON THE BOOKS?
IT NEVER COVERED.
EVEN TO PUT A HUNDRED DOLLARS A
MONTH GETTING COVER THEIR PHONE
CALLS AND CHEERLEADING.
COVERING ANY CONCESSIONS TO LAST
HIM THROUGH THE MONTH AND AS
SENATOR MITCHELL'S CLEARLY
STATED SOME OF THOSE.
FOR A REVENUE IS GOING TOWARD.
ITEMS THAT DON'T BENEFIT.
THE PRISONERS SUCH AS A VANS AND
THINGS OF THAT NATURE SO IT
DOESN'T COST AS MUCH FOR PHONE
CALLS AND AS ARCHER ONE STATED
TECHNOLOGIES REALLY GERMAN DOWN
THE COST SO -- IT'S IT MAKES NO
SENSE TO ME SO.
I TRULY SUPPORT THIS MEASURE AND
LIKE TO MAKE A MOTION MOLD.
THE MOTION CENTER JACKSON IS
THANK YOU YOU KNOW IT STRIKES ME
TOO THAT -- IF THE GOAL OR NOT
IF THE GOAL THAT THE GOAL THERE
WE ARE TRYING TO ACHIEVE WHEN IT
COMES TO INCARCERATION IS
REHABILITATION AND RE ENTRY.
AND KEEPING PEOPLE FROM THEIR
FAMILIES SEEMS TO ME TO BE SORT
OF BACKWARDS WAY OF TRYING TO
GET TO A RESULT THAT IS SO
IMPORTANT.
THE NOTION THAT PETE THAT THESE
CHARGES ARE BEING MADE THERE
THAT THEY'RE JUST -- RIDICULOUS
AND I HI I THINK THAT IT'S TIME
THAT LAW ENFORCEMENT IN OUR
INCARCERATIONS SYSTEM STARTED
ASKING ITSELF WHAT DO WE NEED TO
DO. TO ASSURE THAT THESE PEOPLE
DON'T COME BACK.
AND ONE OF THE THINGS WE CAN DO
IS TO TRY TO HELP THEM
STRENGTHENED THEIR RELATIONSHIPS
WITH THEIR FAMILY AND CERTAINLY
WOMEN'S STRENGTH IN THEIR
RELATIONSHIPS WITH THEIR
CHILDREN.
SO WHETHER OR NOT IT TAKES AWAY
A FEW DOLLARS FROM SOME PROGRAM
THAT ARGUABLY ASSIST -- INMATES --
IF WE STARTED LOOKING AT WHAT
THE NEEDS ARE OF THESE PEOPLE AS
HUMAN BEINGS SO THAT THEY DON'T
COME BACK.
BECAUSE THAT'S REALLY WHAT WE'RE
TRYING TO ACCOMPLISH NOW.
THERE ARE OTHER STATES SOME OF
THE RED STATES THAT ARE WAY
AHEAD OF US ON THIS AND
CERTAINLY OTHER COUNTRIES THAT
RECOGNIZE THE NEED -- TO FOR RE
ENTRY IN REHABILITATION AND TO
STRENGTHEN THE BOND AT THESE.
INMATES HAVE WITH THEIR FAMILY
SO THEY DON'T RECIDIVIST.
THAT NEEDS TO BE OUR GOAL THE
FACT WHICH CHARGING SEVENTEEN
DOLLARS FOR PHONE CALL.
A IT'S JUST RIDICULOUS I MEAN.
IT TOOK.
I REMEMBER BEING IN COLLEGE BACK
IN THE DAYS OF PAY PHONES AND I
AT THE CALL HOME ONCE A WEEK.
THAT WAS THE RULES.
AND AND I DID AND YOU KNOW IT'S
MUCH IS WHEN YOU'RE AWAY YOU
THINK OF ALL THE THINGS THAT.
THE PARENTS OF DOWN THAT ARE
GOOD OR BAD OR WHAT HAVE YOU
MAKING THAT CONNECTION EVEN JUST
ONCE A WEEK WAS REALLY HELPFUL
AND MAINTAINING A RELATIONSHIP
AND I WAS ONLY IN COLLEGE NOT
AND IN JAIL.
SO -- I JUST THINK THAT WE'VE
WE'VE JUST BEEN WRONG HEADED AND
THIS IS AN EXAMPLE OF WRONG
HEADEDNESS SO I WOULD HOPE.
THAT.
YOU WOULD DISCUSS WITH YOU FOLKS --
AND I APPRECIATE YOU WERE DOING
YOUR JOB THE QUESTION REALLY
SHOULD BE HOW ARE WE GOING TO
MAKE THE CONNECTIONS THESE
PEOPLE HAVE WHILE THEY'RE INSIDE.
TO THE LOVED ONES IN THE PEOPLE
THEY HAVE ON THE OUTSIDE SO THAT
THEY DO NOT COME BACK.
I JUST I HOPE THAT WILL START
ASKING THAT QUESTION GOING
FORWARD THANK YOU MADAM CHAIR.
ALL RIGHT SO WE HAVE A MOTION --
AND BEFORE A CALL ROLL CALL
SENATOR MITCHELL DO YOU WANT TO
CLOSE I ABSOLUTELY WOULD MADAM
CHAIR THANK YOU VERY MUCH.
FIRST OF ALL LIKE TO DRAW --
EVERYONE'S ATTENTION -- TO PAGE
TWO OF THE BILL SECTION ONE WERE
WE CLARIFY THAT THE SALE PRICES
OF THE ARTICLES OFFERED FOR SALE
AT THIS STORE.
SHELL BE OFFERED AT THE COST
PAID TO THE VENDOR SUPPLYING THE
ARTICLE SO WE'RE NOT ASKING THAT
THE COMMISSARY ITEMS BE FREE.
AND FOR THOSE OF US HAVE NOT
BEEN IN COUNTY JAIL OR BEEN A
POSITION WE HAD TO PUT MONEY IN
THE BOOKS FOR ANYBODY WE HEARD
TODAY FIRSTHAND ABOUT THE KINDS
OF THINGS IN THE COMMISSARY.
LIKE SOAP AND DEODORANT SO IT'S
NOT JUST BECAUSE I WANT.
SOME FRITOS IT'S BASIC.
ITEMS THAT YOU NEED -- TO EXIST
AND WE'RE NOT ASKING THAT THE
COUNTY INCURRED THOSE CALLS WERE
ASKING THAT THE PROP THE COUNTY
NOT PROFIT ON THE BACKS OF THE
INMATES THAT'S NUMBER.
ONE NUMBER -- TWO AS MADAM CHAIR
SUBSCRIBE IT'S FREE AS WE'VE HAD
CONVERSATIONS SPECIFICALLY WITH
CDC OUR WISH IT WAS SKYPE THAT
WAS AVAILABLE I DON'T THINK IT
WAS SKY.
IT'S PRIVATE COMPANIES TO OFFER
THIS SERVICE AND I APPRECIATE
THE PERSPECTIVE THAT IT MAKES IT
EASIER -- FOR PEOPLE TO VISIT
AND WE HEARD TESTIMONY IN THE
VISITATION -- ON THE VISITATION
BILLS ABOUT THE FAMILY MEMBERS
WHO MAY NOT LIVE IN AREAS OR
HAVE A HIGH SPEED INTERNET AND
SO THEIR ABILITY TO ACCESS IS
NOT CONSIDERED IN THIS FACTOR.
AND SO I THINK THAT THAT'S JUST
SOMETHING THAT WE SHOULD BE
AWARE OF WE'RE NOT ASKING THAT
THE SERVICES OF THE PHONE AT THE
KEEPING COMPUTER SYSTEM BE
OFFERED FREE OF CHARGE.
WE'RE JUST ASKING THAT YOU NOT
CONTINUE TO PRICE GOUGE
[inaudible]
INMATES.
THAT'S THE QUESTION.
THE QUESTION AROUND
AFFORDABILITY -- I LISTED YOU
KNOW SOME OF THE EXAMPLES OF THE
THINGS THAT THAT THAT THAT
STATUTES SUGGESTS IT'S
APPROPRIATE THE IN MUCH THE
INMATE FUND PAY FOR WE'VE HAD A
YEARS OF CONVERSATION AT THE CDC
ARE LEVEL.
REALLY TRYING TO EVEN TRACK TO
FIGURE OUT HOW THOSE DOLLARS ARE
ACCOUNTED FOR THAT HAS BEEN
SHADY FOR DECADES.
AND SO WHAT WE'RE SIMPLY TRYING
TO SAY IS WE DON'T EXPECT YOU TO
OFFERED FOR FREE.
BUT WITH NEW TECHNOLOGY WE
CERTAINLY KNOW THAT IT'S MORE
AND MORE AFFORDABLE WE CERTAINLY
DON'T EXPECT THE COMMISSION'S BE
MADE.
THAT COUNTY SHOULD PROFIT OR
BENEFIT FROM SIGNING A CONTRACT
I DON'T KNOW THAT'S APPROPRIATE
ANY LEVEL OF GOVERNMENTACROSS
THE BOARD.
WE DON'T I DON'T KNOW THAT THE
STATE OF CALIFORNIA HAS
COMMISSIONS PAID LEASE SIGN
CONTRACTS FOR VENDORS FOR STATE
SERVICES SO IT'S CERTAINLY
SHOULD NOT CONTINUE TO HAPPEN AT
THE COUNTY LEVEL.
WE ARE SIMPLY ASKING THAT.
INMATES IN COUNTY FACILITIES BE
GIVEN SOME OF THE SAME
PROTECTIONS WE HAVE THROUGH THE
LEGISLATURE PROVIDED FOR INMATES
AT CDC OUR FACILITIES AROUND THE
COSTS OF PHONE CALLS.
THE COST OF INTERNET ACCESS
PARTICULARLY SINCE -- OPPOSITION
ON THIS BILL WE'RE STRONG
OPPONENTS ON ON IN PERSON
VISITING AND ONE IN THAT NOW THE
BSE SEE DOESN'T REQUIREMENTS AND
THE ONE OF THE TOP OF THE
PREVIOUS ADMINISTRATION.
SO NOW WE DON'T HAVE IN PERSON
VISITS IN MOST OF THE JAILS
ACROSS THE COUNTY CAN WE ALLOW
PHONE CALLS AND AND INTERNET
VISITS TO BE.
QUALIFY AFFORDABLE.
THAT'S ALL THIS BILL IS TRYING
TO DO STOP THE PRICE GOUGING I
APPRECIATE SENATOR MORLOCKS
PERSPECTIVE AS A MEMBER OF LOCAL
GOVERNMENT AND HAVING LOOKED AT
THIS IN THE PAST.
YES WE BENEFIT FROM NEW
TECHNOLOGY AND IT'S BECAUSE OF
SECURITY CONCERNS WE'VE ALL
HEARD AS PUBLIC SAFETY COMMITTEE
MEMBERS THAT CELL PHONES CAN BE
ALLOWED IN PRISONS.
SO THAT'S A LIMITED OPTION LET'S
MAKE THIS THE LIMITED OPTIONS
THEY HAVE AVAILABLE TO THEM AS
AFFORDABLE AS POSSIBLE I ASKED
FOR AN AYE VOTE.
THANK YOU AND BEFORE CALL RULE
IF YOU ARE WILLING SENATOR
MITCHELL IF YOU -- OR IF YOU ARE
TAKING THE AMENDMENTS IN THE
FUTURE I'D LOVE TO BE OUT IS A
TOPIC THAT I'M SURE THANK YOU.
LET'S DO ROLL CALL.
MOTION IS THE PAST TWO
IN OUR AYE MORE LOCK.
WELL LIKE I BRADFORD BRADFORD
AYE JACKSON JACKSON AYE MITCHELL.
AYE MITCHELL AYE MORALE.
WELL KNOWN WIENER.
RIGHT SO WE WILL KEEP THE BILL --
ROLE OPEN BECAUSE WE HAVE SOME
MISSING MEMBERS AND I'M GONNA
ASK FOR A MOTION ON THAT THANK
YOU SO MUCH WITNESSES REALLY
APPRECIATE IT -- I'M GOING TO
ASK FOR ROLL CALL.
A MOTION EXCUSE ME ON THE
CONSENT CALENDAR AND THEN I WILL
PRESENT TO MYSELF.
ALRIGHT WE HAVE A MOTION ON THE
CONSENT CALENDAR.
WE WILL DO A ROLL CALL.
SKINNER HI IN OUR AYE MOORLACH
LIKE I BRADFORD BRADFORD AYE
JACKSON FIVE JACKSON AYE
MITCHELL [inaudible]
MORALE.
WELL I WIENER.
WE ARE HOLDING THE ROLL CALL
OPEN.
AND THAT THE CONSENT CALENDAR
RULES [inaudible]
ALL.
YEAH IT'S VERY IMPORTANT TO HAVE
THE COLLEGES FOR NOT GIVING YOU
THE GAVEL CENTER MORE LOCK.
I KNOW SOME THINGS ARE HARD TO
GIVE UP. FOR USE IN -- SKINNER
WE ARE NOW AT FILE ITEM NUMBER
NINE SB THREE TEN YOU HAVE THE
FLOOR.
THANKS SO MUCH SO MEMBERS.
ARE CONSTITUTION BOTH THE STATE
AND THE FEDERAL.
SHE'S THAT WE HAVE.
THE RIGHT TO A JURY OF OUR PEERS
TECHNICALLY TO A TRIAL BY YOUR
PEERS.
BUT WE NOW HAVE SOME LAWS ON OUR
STATE BOOKS.
THAT.
IN PRACTICE SHRINK THE JURY POOL
AND STOP JURIES FROM BEING
REPRESENTATIVE FOR EXAMPLE
PEOPLE WITH A FELONY CONVICTION
A PRIOR FELONY CONVICTION CANNOT
SERVE ON JURIES.
YOU CAN GET A FELONY.
FROM [inaudible]
GRAFFITI. FOR FROM IT DRUG
OFFENSE FOR EXAMPLE FOR A PAST
ADDICTION [inaudible]
THERE ARE.
MEN MANY CASES WHERE THERE ARE
FELONY CONVICTIONS AND YET YOU
CAN HAVE A PERSON.
WHO IS BàN?
CRIME FREE.
LIVING WITHIN THEIR COMMUNITY
SUCCESSFULLY FOR DECADES AND YET
STILL THEY CANNOT SERVE ON A
JURY.
THIS OF COURSE
DISPROPORTIONATELY EXCLUDES
PEOPLE OF COLOR FROM JURIES.
AND JUST TO GIVE YOU A STATISTIC
IN.
TWENTY SIXTEEN WITHIN CALIFORNIA
STATE PRISON POPULATIONS WHILE
AFRICAN AMERICANS IN THE
POPULATION OF CALIFORNIA IS A
WHOLE ARE ONLY 6% OF THE
POPULATION. 30% OF THE MEN IN
STATE PRISONS WERE BLACK.
SO WHAT SB THREE TEN DOES IS
CORRECT THAT.
IT WIDENS THE POOL OF ELIGIBLE
JURORS BY ALLOWING PEOPLE WITH
PAST FELONY CONVICTIONS TO SERVE
ON A JURY.
IT ALSO EXPANDS THE LIST THAT
CAN BE USED TO SELECT JURIES TO
INCLUDE UTILITY RATE PAYERS AND
STATE TAX FILERS.
BECAUSE WE ARE HERE FOR MANY
COURTS THAT THE HAVE DIFFICULTY --
GETTING ENOUGH PEOPLE TO SHOW UP
FOR JURY DUTY AND PART OF IT IS
BECAUSE WE HAVE A VERY
RESTRICTED SET OF LISTS THAT WE
USE. TO POLL FOR JURORS SO THIS
IS TO EXPAND THAT.
AND IT ALSO REMOVES PRESUMPTION
THAT THE LIST USED FOR THE THE
LIST USED FOR JURY SELECTION IS
A FAIR CROSS SECTION OF THE
POPULATION.
NO JUST -- FOR FOLKS THAT MAY BE
THINKING ALRIGHT WHY.
WHY SHOULD CALIFORNIA -- MOVE IN
THIS DIRECTION OF ALLOWING A
FORMER FELL AND TO SERVE ON A
JURY WITHOUT RESTRICTIONS THERE
ARE MANY STATES THAT DO SO
COLORADO ILLINOIS MAINE OREGON
JUST FOR EXAMPLE -- I WOULD LIKE
MY WITNESSES TO NOW PRESENT I'VE
GOT I DON'T KNOW WHO IS GOING TO
START WEATHER IS BRANDON WOODS
FROM THE PUBLIC DEFENDER'S
OFFICE -- LISA JAMES FROM THE
NEW WAY OF LIFE.
DO YOU.
OKAY GREAT.
MISTER WOODS [inaudible]
GOOD MORNING.
MY NAME IS BRANDON WOODS I AM
THE PUBLIC DEFENDER ALAMEDA
COUNTY.
I'VE BEEN WITH THE ALBANY COUNTY
PUBLIC FUNDS UP TO TWENTY THREE
YEARS NOW I'VE BEEN THE CHIEF
PUBLIC DEFENDER FOR SIX YEARS
NOW.
AND I CANNOT BEGIN TO TELL YOU
HOW OFTEN I'VE SAID AT COUNSEL
TABLE WITH SOME YOUNG AFRICAN
AMERICAN MALE WHO'S EXCITED TO
TAKE THE CASE TO TRIAL HE'S A
REALLY.
ANTICIPATING A TRIAL AND THEN
THE EIGHTY TWO HUNDRED COMMUNITY
WALK IN [inaudible]
AND EXACTLY.
THAT PERSON THAT YOUNG MAN IS
COMPLETELY DEFEATED.
AND I SIT THERE AND I TELL THEM
YOU KNOW.
WE WE CAN GET A FAIR JURY TRIAL
[inaudible]
AND THAT HAS NO MEANING BECAUSE
THERE IS NO WE'LL JURY OF HIS
PEERS THAT EXIST HE LOOKS AROUND.
AND HE SEES THAT.
NO ONE WHO WILL BE SITTING IN
JUDGMENT OF HIM LOOKS LIKE HIM.
SO SB THREE TEN IS A STEP IN THE
RIGHT DIRECTION TO FIX THAT
PROBLEM.
THEIR CURRENT RACIAL DISPARITIES
THAT EXIST IN OUR CRIMINAL
JUSTICE SYSTEM.
EXCLUDING PEOPLE FROM SERVING ON
JURIES BASED ON FELONY
CONVICTIONS JUST EXACERBATES
THAT RACIAL SEVERITY.
IN THE SYSTEM AND ALSO
EXACERBATED MORE SPECIFICALLY IN
THE JURY SYSTEM.
AS YOU'VE HEARD [inaudible] 30%.
30% OF BLACK MEN ARE PREVENTED
FROM SERVING AS JURORS BASED ON
THIS EXCLUSION ALONE.
SO AT IT SAYS RIGHT NOW WE WOULD
NEVER EVER CONSIDER PUTTING A
LOT INTO PLACE.
THAT WOULD AUTOMATICALLY EXCLUDE
THIRTY IN A BLACK MAN.
THAT WILL BE AFFECTED BY THE
SYSTEM.
IF THAT WAS THE CASE WE DO OPEN
ARMS THEY KNOW WE COULDN'T DO
THAT EXCLUSION [inaudible]
SO.
WHAT WE'RE SAYING?
IS PRECLUDING OVER THIRTY
CONVICTION FROM CERTAIN INJURIES
EXCLUDES PEOPLE FROM COLOR.
FROM PARTICIPATING IN THE SYSTEM.
THAT WILL ACTUALLY.
IMPOSE THOSE BURDENS THOSE
PUNISHMENTS WAS FIGHTING FEES IN
THIS VERY SAME PEOPLE.
OFTEN WHEN YOU GO INTO JURY
SERVICE YOU'RE ASKED TO BRING IN
YOUR EXPERIENCE AND COMMON SENSE.
AND WHAT WE ARE DOING.
THEY'RE SAYING THAT WE DON'T
VALUE THE EXPERIENCE OF COMMON
SENSE OF EVERY PERSON.
RE ENTRY NOW.
IS A PREDOMINANT GOAL.
OF CRIMINAL JUSTICE WE TALK
ABOUT ALL TIME WE ENTRY AND
PREVENTING.
RECIDIVISM.
WITHIN WEEKS ENTRY IS WITH
INTEGRATION IN SOCIETY IF WE
TRULYWANT PEOPLE TO RE
INTEGRATE WE MUST MOVE THIS
BARRIER.
CIVIC PARTICIPATION.
IS A NECESSARY STEP TOWARD
REHABILITATION WE ENTRY AN
INTEGRATION.
REMOVING THIS AREA.
WILL PROVIDE SOME LEGITIMACY TO
OUR SYSTEM RIGHT NOW WE CITY YOU
CAN BUT WHAT IF ANY CONVICTION
YOU CAN VOTE WHILE YOU'RE IN
JAIL YOU CAN VOTE WHILE YOU WERE
IN JAIL SERVING TIME FOR A
FELONY.
BUT WE SAY IN THE SAME BREATH
THAT YOU CANNOT.
DISSIPATE ANY JURY PROCESS AND
ASSIST AS THE BIGGEST IMPACT ON
YOUR LIFE THIS IS THE YOU HAVE
MUCH EXPERIENCE WITH.
RECENTLY THERE BEEN CASES.
ON THE BOOKS ON THE LAW THAT
HAVE JUSTIFIED SKOUSEN.
AND THEY'VE DONE SO BY SAYING
THEY WANT TO PRESERVE THE PURITY.
PRESERVE THE PURITY OF THE
JUSTICE SYSTEM.
HE SAID THAT PEOPLE CONVICTED OF
CRIMES WOULD DESTROY THE PURITY
OF THE JUSTICE NOT SUCH A RACIAL
OR TO THE PURITY WE KNOW THAT
HARKENS TO IT GOES BACK TO WHEN
JURORS WERE ALL WHITE.
THEY WERE ALL MEN AND THEY WERE
SUPPOSED TO HAVE ABOVE AVERAGE
LEVEL OF INTELLIGENCE MORALITY
AND INTEGRITY.
WHICH WAS HOW MUCH TIME I'M JUST
ABOUT DONE WRAPPING UP OKAY SO
THIS BILL IS THREE IMPORTANT
THINGS ALLOWS PHONE SEVEN JURIES.
THE EXPANSE LISTA ALBERT JURORS.
AND REQUIRES DEMOGRAPHIC
COLLECTION I'M GOING TO DO ONE
THING HERE -- THIS CAME IN MY
MAIL BUT WE CAN HALF AGO.
IT'S A JURY SUMMONS.
AND WHEN I GOT IT I WAS EXCITED.
I CAN PARTICIPATE NO IT'S GOING
TO BE A PAIN OFF TO MISS WORK
BUT I CAN PARTICIPATE IN A
PROCESS.
AS OF VIOLENT.
WHEN YOU GET THIS YOU ARE
TREATED IN OTHER?
WORDS SOMEONE WHO CAN'T JUST BUT
YOU WERE EXCLUDED FROM OUR
SOCIETY.
AND THIS IS A MARK.
YOU CAN BE CORRECTED OF A PHONE
FIVE YEARS AGO TEN YEARS AGO
TWENTY YEARS AGO AND YOU CANNOT
PARTICIPATE.
SO.
WITH THAT BEING SAID I'M ARE TO
BEARD PRETTY TODAY.
I AM HONORED TO ADVOCATE FOR
SIMPLE CHANGE -- BRING BACK
HUMANITY TO LIVES OF HUNDREDS OF
THOUSANDS OF PEOPLE IN
CALIFORNIA THANK YOU.
NOT A TO HAVE YOU HERE TODAY TO
THANK YOU [inaudible]
YES.
THE MORNING OR AFTERNOON --
MADAM CHAIR AND MEMBERS OF THE
COMMITTEE THANK YOU FOR HAVING
ME TODAY -- IT'S AN OPPORTUNITY.
FOR GIVE ME THIS OPPORTUNITY TO
CO SPONSOR -- FOR SB THREE TEN
WITH A NEW WAY OF LIFE.
MY NAME IS LISA JAMES I AM AN
ORGANIZER WITH ALL OF US TO NINE
UNDER THE UMBRELLA OF A NEW WAY
OF LIFE.
A NEW WAY OF LIFE IS A RE ENTRY
PROJECT THAT PROVIDES HOUSING
CASE MANAGEMENT.
PRO BONO LEGAL SERVICES ADVOCACY
AND LEADERSHIP DEVELOPMENT FOR
WOMEN REBUILDING THEIR LIVES.
AFTER PRISON.
I AM ALSO A FORMER RESIDENT.
THAT HAS GRADUATED FROM THE
PROGRAM PRIOR TO BEING HIRED ON
AS A STAFF MEMBER.
I WAS RELEASED FROM PRISON IN
TWO THOUSAND AND FOUR WHERE I
WENT INTO A NEW WAY OF LIFE.
I AM A WIFE [inaudible]
A MOTHER.
A GRANDMOTHER AND GREAT
GRANDMOTHER.
AND I'M ALSO FORMALLY
INCARCERATED.
I SPENT THE LAST FIFTEEN YEARS
OF MY LIFE.
GIVEN IT BACK TO MY COMMUNITY.
IN TWO THOUSAND BY IN FIVE MY
VOTING RIGHTS WERE RESTORED.
THIS GAVE ME A GLIMPSE OF HOPE.
THAT MY LIFE WAS FINALLY HEADED
IN A POSITIVE DIRECTION.
SHORTLY AFTER I TO RECEIVE THE
SUMMONS TO SERVE ON JURY DUTY.
AND FOR SECOND MY HEART SKIPPED
A BEAT AT THE THOUGHT A PLANE
SUCH AN IMPORTANT ROLE IN
SOCIETY.
I GENUINELY GOT EXCITED AS WELL.
ONLY TO RECEIVE A LETTER
REJECTION.
THIS HAPPENED TO ME TWICE MORE
MOST RECENTLY LAST MONTH.
WHICH REMINDS ME OF THE
LIMITATIONS I STILL FACE STEP
THAT I HAVE SERVED MY TIME.
I ASK MYSELF.
WHAT DO I WANT THIS WORLD TO
LOOK LIKE FOR MY CHILDREN?
I WANTED TO BE FAIR.
AND SAFE IN A WORLD SINCE
RESPONSIBILITY TO SERVE IN THIS
CAPACITY WITH INTEGRITY
[inaudible]
IN FAIRNESS.
I ALSO BELIEVE THAT I DO HAVE
THE ABILITY. TO SIT ON A JURY OF
MY PEERS [inaudible]
AND DISTINGUISH [inaudible]
BASED ON WHATEVER EVIDENCE IS
PRESENTED.
WHAT'S SAFE AND WHAT FAIRNESS
LOOKS LIKE. FOR THIS COMMUNITY
BECAUSE IT AFFECTS US ALL.
I'M ASKING FOR YOU. TWO GIVEN
AGBO ENABLED.
ON SB THREE TEN THANK YOU SO
MUCH THANK YOU MISTER JAMES ANY
OTHER WITNESSES IN SUPPORT.
DARK MORNING MY NAME'S OSCAR BY
PEROT -- THE VICE PRESIDENT
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION.
I CAN ONLY ASSUME TELL YOU THAT
I HAVE A BEEN.
A PUBLIC DEFENDER FOURTH ALMOST
THIRTY FIVE YEARS NOW -- TRYING
CASES THROUGH -- IN VARIOUS
COUNTIES THROUGHOUT THE STATE.
AND IN CONJUNCTION WITH MY
COLLEAGUES -- I CAN ECHO WHAT MR
WOOD SAID EARLIER WHICH IS ON
THIS IS NOT A PROBLEM THAT IS
JUST AFFECTING.
THE CERTAIN COUNTIES IN THE
STATE IT'S IT'S THROUGHOUT THE
STATE THERE BEEN CHALLENGES
BROUGHT OVER AND OVER.
TO THE JURY SELECTION PROCESS IN
SAN DIEGO AND LOS ANGELES IN
CONTRA COSTA IN SOLANO -- IN IN
COUNTIES UP AND DOWN THE STATE
DUE TO THE UNDER REPRESENTATION
OF AFRICAN AMERICANS AND
HISPANICS IN THE JURY POOLS AND
THE OVER REPRESENTATION OF THEM.
AS DEFENDANTS IN CRIMINAL CASES.
AND SO WE ARE PROUD SPONSORS CO
SPONSORS OF THE SPILL IN ORDER
TO DO SOMETHING ABOUT.
THE WAY THE SYSTEM OPERATES AND
WE THINK THAT THESE CHANGES ARE
LONG OVERDUE.
THANK YOU.
THANK YOU MISTER BARBARO MANY
OTHER WITNESSES IN SUPPORT EMILY
HARRIS OF THE ELEVATOR CENTER
FOR HUMAN RIGHTS IN STRONG
SUPPORT [inaudible]
YOU.
JIM LIMBURGER ON BEHALF OF THE
FRIENDS COMMITTEE ON LEGISLATION
A CALIFORNIA INSTRUCTS SUPPORT.
AT A HIGHER CALIFORNIA CIVIL
LIBERTIES ADVOCACY IN STRONG
SUPPORT.
ANNOUNCER HERNANDEZ ON BEHALF
THE CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE IN SUPPORT.
DANNECKER O'DONNELL ON BEHALF OF
LAWYERS COMMITTEE FOR CIVIL
RIGHTS IN STRONG SUPPORT.
SEVERE GROCERY WITH LEGAL
SERVICES FOR PRISONERS TO
CHILDREN IN STRONG SUPPORT THERE
IS NO LEGITIMATE PINO OUR PUBLIC
POLICY REASON FOR
DISENFRANCHISED IN PEOPLE BASED
ON A FELONY CONVICTION THANK YOU.
A MAKE A MULTI PRISON REENTRY
DIRECTOR WITH THE YOUNG WOMEN'S
FREEDOM CENTER IN SAN FRANCISCO.
ALSO CURRENTLY EXCLUDED MYSELF
FROM SITTING ON A JURY IN STRONG
SUPPORT OF THIS BILL.
SAMANTHA THING WHEN NEXT IN
CALIFORNIANS SUPPORT.
MIKE A DOCTOR OFF ON BEHALF OF
THE ACLU OF CALIFORNIA WE ARE
PROUD CO SPONSOR OF THIS BILL
AND PLEASED TO SUPPORT IT TODAY.
DER SAPER IN US IN YOUR GUYS ARE
ALL OF US IN ON A STRONG SUPPORT.
MANY OTHER WITNESSES IN SUPPORT.
WITNESSES IN OPPOSITION.
ANY WITNESSES OPPOSED TO SB.
THREE TEN ALL RIGHT. TO MY
COLLEAGUES HAVE ANY QUESTIONS
FOR THE AUTHOR.
I HAVE A MOTION FOR THE BILL --
SENATOR SKINNER I DO HAVE SOME
QUESTIONS BECAUSE I'M TRYING TO
STRIKE THE BALANCE BETWEEN.
GRAYSON A SCARLET LETTER HERE
AND I'M I'M WONDERING YOU KNOW
WHEN YOU SEE FELONY IT'S A BROAD
CATEGORY -- WE HAVE INDIVIDUALS
ON THE SEXUAL OFFENDERS LIST AND
IT COULD BE.
YOU'RE NEEDING OUTDOORS AND
THEY'RE THEY'RE GIVEN THIS IS A
LIFE SENTENCE AND I'M TRYING TO
I SEE NO WELL CENTER WINNERS
ACTUALLY DONE SOME WORK ON SOME
DEGRADATION OF THAT LIST.
WHICH I SUPPORTED I'M WONDERING
IS THERE SOME KIND OF
DEGRADATION WE COULD DO. FOR
FELONIES SO THAT CERTAIN
FELONIES ARE ARE FINE.
MAYBE GOING INCREMENTALLY I
GUESS IS WHERE I'M ASKING.
WE CONSIDER THAT.
BUT WHEN WE LOOK AT THE WE
RESTORED THE RIGHT TO VOTE.
SO THAT.
THE PERSON WHO.
I HAD BEEN CONVICTED OF A FELONY
BUT IS NO LONGER INCARCERATED.
CAN VOTE NOW IN CALIFORNIA.
SO WHEN WE THINK ABOUT THAT AND
WE DID NOT MAKE A TIERED.
WE DO NOT SAY IF YOU HAD THIS
PHONY YOU WOULD NOT BE ABLE TO
BUT IF YOU HAVE THIS PHONE YOU
COULD.
SO I THINK WE'RE WE LOOK AT IT.
FROM THE POINT OF VIEW OF IF YOU
HAVE SERVED YOUR TIME.
AND YOU ARE A LAW ABIDING
PRESIDENT OF YOUR COMMUNITY.
THAT THEN YOU SHOULD HAVE YOUR
CITIZEN RIGHTS RESTORED.
AND THAT'S THE MOTIVATION OF THE
BILL.
AND SO TO SAY THE MERE MENTION
STATES LIKE COLORADO THAT HAVE
ALREADY DONE THIS TO DEATH.
DID THEY HAVE A TIERED SYSTEM OR
THERE MAY BE -- ONE OR TWO
STATES THAT DO -- BUT THE THERE
AND THERE'S A COUPLE MORE THAT
HAVE RESTORED JURY THAT I DIDN'T
MENTION BECAUSE THEY MAY HAVE
MORE COMPLICATIONS BUT MAIN FOR
EXAMPLE HAS NO RESTRICTIONS AND
THERE WERE A COUPLE OF THE
OTHERS THAT HAVE NO RESTRICTIONS
WHATSOEVER.
ALL RIGHT IN A WE HAVE A MOTION
MADAM SECRETARY COULD YOU READ
THE ROLE.
FIRES FOR YOUR VOTE I APOLOGIZE
TO TRY TO MAKE IT CLOSER
STATEMENT MY WORRY.
NEVER OR NEVER TALK FAST YES.
MOTION IS THE PAST TO JUDAS
SKINNER BY IN OUR AYE MOORLACH.
BRADFORD BRADFORD AYE JACKSON.
MITCHELL MORALE.
AROUND NOW WIENER.
I MEAN -- I SO WILL HOLD THE THE
ROLE OPEN FOR THE OTHERS.
DID YOU HAVE ANY OTHER BILLS
TWENTY TODAY ALL YOU'RE UP THERE
I GUESS I GUESS FOR GOOD A TODAY
BUT WE CAN ASK OUR DO WE HAVE
ANY OTHER PRESENTATIONS GET OUR
MEMBERS BACK.
SO WE CAN RE OPEN THE ROLE
.
WILL THE PHYSICAL AND AND THAT
[inaudible]
REVIEWS HERE [inaudible]
YEAH.
ALL RIGHT WE WILL LIFT THE CALL
EVEN THOUGH WE DON'T EVERYBODY
HERE -- BUT WE'RE GONNA START
FROM THE TOP -- MITCHELL.
OKAY SIR WILL SKIP ALL RIGHT SO
WE WILL GO -- TO BLOOM SKEWS ME
SB.
ONE SEVENTY TWO PORTANTINO.
WE GOT THAT WOULD THROUGH OKAY.
SB ONE NINETY TWO HERTZBERG THE
VOTE CURRENTLY IS. FIVE FIVE
ZERO A WE HAVE TWO MISSING
MEMBERS GO AHEAD.
BRADFORD.
BRADFORD AYE WIENER.
WIENER HIGH RATE THE BILLS OUT
IT IS.
SEVEN ZERO NOW WE WILL GO -- TO
SB TWO TO FOUR MS -- YOU TOO LOW.
BY THAT I JUST SAID THAT WHEN
ART SORRY SB -- TO TO SENATOR
HILLS THE CURRENT VOTE IS THREE
TWO BRADFORD [inaudible]
I WIENER [inaudible]
WIENER AYE.
GREAT BILLS OUT ITS FIVE TWO TWO
NOW WE WILL GO TO SB AT TWO TO
FOUR OR SENATOR GROW IF THE
CURRENT VOTE IS [inaudible] FIVE
ZERO WE HAVE AND MOVE TWO
MISSING MEMBERS ARE ONE GO AHEAD
MOORLACH.
ALL RIGHT MOORLACH AYE WIENER.
WIENER AYE.
READ THE BILLS OUT.
SEVEN ZERO WILL NOW GO.
TO NO.
WE WON'T DO THAT. ONE FOR YOUR
STROKES ABOUT SB THREE TEN
THREE ONE MOORLACH.
JACKSON ALL RIGHT JACKSON AYE
MITCHELL.
OKAY WE WILL HOLD THAT RULE OPEN
WILL NOW GO TO SB THREE SIXTY
SENATOR HILL THE CURRENT VOTE IS
[inaudible] THREE ZERO MARK.
BRADFORD BRADFORD II MORALE.
WIENER.
I MEAN -- I'LL MITCHELL SHE JUST
WALKED IN THE DOOR THIS IS HILLS --
YOUR APOLOGIES.
OKAY SO SO.
THE BILL IS OUT.
FIVE ZERO RIGHT NOW WE WILL GO --
TO SB THREE SEVEN SIX THE
CURRENT VOTE IS.
THREE ONE BRADFORD.
BRADFORD AYE WIENER.
WIENER AYE.
THE BILL IS OUT.
FIVE ONE WE'LL NOW GO -- TO SB
FOUR OH NINE IT'S TWO PASSES
AMENDED TWO PROBES AND IT IS
THERE WAS A MEMBER TAKEN
COMMITTEE THAT HAD BEEN
PREVIOUSLY DISCUSSED.
THE VOTE IS NOW. FOUR ZERO MORAL.
AYE MOORLACH AYE BRADFORD
BRADFORD AYE WIENER. FIVE RIGHT
THAT BILLS OUT.
SEVEN ZERO WE WILL GO -- TO SB.
FOUR EIGHTY FIVE SENATOR BILL.
WE THE VOTE IS [inaudible] FIVE
ZERO MORRELL [inaudible]
AROUND NOW.
THE BILLS OUT FIVE POINT.
RIGHT WE SHOW GO TO SB FIVE FIVE
FIVE SENATOR MITCHELL THAT VOTE
RIGHT NOW IS. FIVE FIVE FIVE ONE
WIENER RIGHT WIENER AYE.
THE BILLS OUT [inaudible]
SIX ONE OKAY -- I WILL GO TO
CONSENT -- WE ARE THE GROWING
MISSING SENATOR WIENER.
WIENER.
RIGHT WIENER AYE.
OKAY.
CONSENTS OUT SIX ZERO WE WILL GO
TO SB.
SIX FIVE ONE I DO PASSED TO
APPROPRIATIONS -- I THINK MISS
CENTER RURAL YOU'RE THE ONLY ONE
MISSING [inaudible]
YES.
HI OKAY THAT BILLS OUT SB SIX
FIVE ONE IS OUT -- SEVEN ZERO
FIVE THE NEW YEAR ALL RIGHT WE
JUST NEED TO OPEN THE ROLE AND
JUST A COUPLE OF OTHERS.
OKAY WE WILL OPEN THE ROLE IN SB
SIX ONE THERE'S PORTANTINO
CURRENT VOTE IS.
FOR TWO MITCHELL.
HI MITCHELL AYE.
THE BILL IS OUT.
FIVE TWO OKAY WE WILL NOW GO.
TO AND HE THINKS [inaudible] SIX
THIS IS OUR LAST BILL WE HAVE TO
CARE.
LAST BUILT OPEN THE ROLE SB.
THREE TEN THREE TEN THE CURRENT
VOTE IS [inaudible] FOR ONE
MITCHELL HI MITCHELL ARE.
SB THREE TEN IS OUT FIVE ZERO
FIVE ONE FIVE ONE POLICIES SB.
THREE TURNS OUT.
FIVE ONE AND I THINK WE ARE DONE
[inaudible]
WHICH ONE YES I WAS TOLD I WAS
PULLED.
OKAY EVERYONE IN THE NO NO SERVE.
GOT IT RIGHT.
HER RATE -- THIS -- CONCLUDES
THE PUBLIC SAFETY POLICY
COMMITTEE FOR TODAY WE ARE NOW.
ADJOURNED