AH. GOOD MORNING, AND WE
CONTINUE TO TAKE SOME OF THE
PRECAUTIONS AND MANAGEMENT
ONGOING COVID 19 RISKS. THE
SENATE CONTINUES TO WELCOME THE
PUBLIC. AND PROVIDE ACCESS TO
BOTH IN PERSON AND
TELECONFERENCE PARTICIPATION IN
PUBLIC COMMENT. FOR INDIVIDUALS
WISHING TO PROVIDE PUBLIC
COMMENT VIA TELECONFERENCE
SERVICE PARTICIPANT TOLL FREE
NUMBER AND ACCESS CODE IS POSTED
ON THE COMMITTEE WEBSITE AND IT
WILL BE DISPLAYED ON THE SCREEN
AND I WILL ANNOUNCE IT NOW.
TODAY'S PARTICIPANT NUMBER IS
844. 2916364. THAT'S 844291636.
AND ACCESS CODE IS 20399. AS
2039978. I WILL MAINTAIN THE
KORAN DURING THE HEARING HAS
IT'S CUSTOMARY AND ANY
INDIVIDUAL WHO IS DISRUPTIVE MAY
BE REMOVED FROM THE REMOTE.
MEETING SERVICE OR HAVE THEIR
CONNECTIONS MUTED. WE'RE HOLDING
OUR COMMITTEE HEARING HERE IN
THE CAPITOL BUILDING, AND I
ASKED MEMBERS OF THE COMMITTEE
TO BE PRESIDENT ROOM 1 12 SO WE
CAN ESTABLISH QUORUM. TODAY WE
HAVE 14 BILLS ON SCHEDULE WITH
FOUR ON CONSENT. A B 24 29
ADVICE SIMILAR MEMBER QUOTE A B
25 88 BY ASSEMBLYMEMBER'S MAN
SHINE. MAYBE 26 69 BY NAZARIAN
AND A B 2699 BY A SYMBOL OF
MAINTAINING A B 17 44 BY THE
VENUS VOTE ONLY. AND BEFORE WE
ARE FIRST PRESENTATION AND
COUNCIL WILL ESTABLISH A
QUARREL. REDFORD. HERE BRADFORD
HERE KOBO KAMLAGER SKINNER.
HERE. SKINNER HERE, WIENER. A
CORONER'S PRESIDENT. FIRST
AUTHOR UP IS A B 15 98 BY
DAVIES. YOU'RE READY. YOU MAY
BEGIN. GOOD MORNING. GOOD
MORNING. DOES THIS TURNED ON?
PERFECT OKAY. THANK YOU, MR
CHAIR. SENATORS TODAY I'M HERE
TO PRESENT THE 15 98. I FIRST
WANT TO THANK COMMITTEE STAFF
FOR WORKING WITH MY STAFF AND
STAKEHOLDERS. ON THIS MEASURE
UNDER CURRENT LAW, CALIFORNIA
SAYS THAT DRUG PARAPHERNALIA
INCLUDES TESTING EQUIPMENT
DESIGNED FOR USE IN IDENTIFYING
ORGANELLES ANALYSIS IZING THE
STRENGTH. EFFECTIVENESS AND
PURITY OF CONTROLLED SUBSTANCE.
RECENTLY HOWEVER, VARIOUS CITIES
AND COUNTIES WITH THE HELP OF CD
PH HAVE STARTED OPERATING HARM
REDUCTION PILOT PROGRAM SITES
THAT DISTRIBUTE TEST EQUIPPED
EQUIPMENT TO USERS AT THESE
SITES. DURING THE PAST TWO YEARS
. THE MAJORITY OF THESE SITES
HAVE BEEN GIVEN TESTING
EQUIPMENT FOR THE CONTROLLED
SUBSTANCE OF FENTANYL. BUT NOW
IT'S A SCHEDULE TWO CONTROLLED
SUBSTANCE THAT IS OFTEN PRESSED
INTO COUNTERFEIT PILLS SUCH AS
CODEINE AND XANAX, AND THEY'RE
SOLD ON THE STREET UNKNOWING
PURCHASERS WHO BELIEVE THAT THEY
ARE BUYING LEGITIMATE
PHARMACEUTICAL DRUGS, AND IT HAS
SWEPT INTO OUR STATE LIKE A
TSUNAMI. SENATORS CONSIDER THE
FACT ACCORDING TO THE MOST
RECENT STATEWIDE NUMBERS FROM
THE CD PH. DRUG OVERDOSE
SURVEILLANCE DASHBOARD IN 2020,
CALIFORNIA HAD APPROXIMATELY 55.
HUNDREDS OF OVERDOSE DEATHS OF
THESE ABOUT 4000 OF THEM WERE
SPECIFICALLY LINKED TO FENTANYL
. 15 98 IS A MEASURE SIMPLE
MEASURE TO MERELY EXEMPT FROM
THE DEFINITION OF DRUG
PARAPHERNALIA. ANY TESTING
EQUIPMENT THAT IS DESIGNED
MARKETED USED OR INTENDED TO BE
USED TO ANALYZE FOR THE PRESENCE
OF FENTANYL OR ANY FENTANYL,
ANALOG, KETAMINE OR GHB. IF WE
CAN MAKE THESE LIFESAVING
PRODUCTS AVAILABLE TO THE
GENERAL PUBLIC, WE CAN SAVE THE
LIVES OF PEOPLE WHO ARE
INGESTING THESE CHEMICALS AND WE
CAN HELP PREVENT ACCIDENTAL
OVERDOSE OR DEATH IF USERS WERE
UNAWARE THAT WAS IN THE PRODUCT.
I WANT TO ALSO ADDRESS A
QUESTION THAT WAS BROUGHT TO MY
OFFICE ABOUT WHY EXEMPTING JUST
THESE CONTROLLED SUBSTANCES AS
MANY OF YOU KNOW, WORKING ON
THIS ISSUE AREA REQUIRES A
DELICATE BALANCE. WELL, THERE
MAY BE OTHER WORTHWHILE
SUBSTANCES THAT NEED TO BE
EXEMPT IN FUTURE LEGISLATION. WE
NEED TO START SOMEWHERE AND GET
THE BILL ROLLING AND COMMON
SENSE REFORMS AND THE DRUGS THAT
ARE ON OUR STREETS RIGHT NOW.
THAT ARE DANGEROUS LEVELS. DUE
TO THIS BALANCING ACT. THE BILL
HAS NO OPPOSITION SUPPORTS FROM
VARIOUS DRUG OVERDOSE AND
PREVENTION ORGANIZATIONS IN THIS
INDUSTRY AND WAS EVEN AND
CONCERNED IN THE ASSEMBLY. WITH
ME HERE BY THE PHONE TO TESTIFY
, SUPPORT OUR FAROE BAILEY FROM
THE HARM REDUCTION ORGANIZATION
FOREVER FREE AND DEAN SCHULTZ
FROM FRENCH CHECK ANOTHER HARM
REDUCTION ORGANIZATION. I
RESPECTFULLY ASK FOR AN I VOTE.
QUÊ NOT ALREADY REAL. ALLOW OUR
TWO PRIMARY WITNESSES TWO
MINUTES EACH. SO WHEN YOU'RE
READY, YOU MAY BEGIN. MISS
BAILEY OR THIS SHOW. GOOD
MORNING. HONORABLE CHARA MEMBERS
. MY NAME IS SARAH BAILEY. AND
I'M THE FOUNDER OF FOREVER FREE
OF HARM REDUCTION ORGANIZATION
BASED IN ORANGE COUNTY. I FOUND
IT FOREVER FREE PRESIDENTS
BELIEF THAT IN ORDER TO SAVE
LIVES, WE NEED TO MEET PEOPLE
WHERE THEY ARE TO PREPARE FOR
THE DAY THAT THEY ARE READY TO
SEEK HEALTH AND RECOVERY. THAT
IS WHY I GO OUT INTO THE
COMMUNITY AND MAKE SURE
INDIVIDUALS HAVE ACCESS TO
LIFESAVING TOOLS LIKE NALOXONE
AND FENTANYL TEST STRIPS. IN THE
PAST, I WAS ABLE TO RECEIVE THAT
NOT TOUCHED FROM MULTIPLE
ORGANIZATIONS. RECENTLY HAS
BECOME INCREASINGLY HARD TO
ACCESS TEST STRIPS. THE RESULTS
OF THE RESTRICTIVE DATA OF THE
DEFINITION OF DRUG PARAPHERNALIA
IN CALIFORNIA STATUE STANDS.
CALIFORNIA STATUTE CRIMINALIZES
THE DISTRIBUTION OF FENTANYL
TEST STRIPS. BECAUSE TESTING
EQUIPMENT IS INCLUDED IN THE
DEFINITION OF DRUG PARAPHERNALIA
. THEREFORE DISTRIBUTING
FENTANYL TEST STRIPS IS
CONSIDERED DISTRIBUTION OF DRUG
PARAPHERNALIA, TEST STRIPS AND
NOT DRUG PARAPHERNALIA. JUST
LIKE NALOXONE TOUCH. FOLKS ARE
PROACTIVE MEASURE AND ENSURING
INDIVIDUALS HAVE THE NEED TO
PROTECT THEMSELVES FROM A DEATH
BY OVERDOSE PRESENTABLE TRAGEDY.
BUT NOT AS A FACTOR IN MORE THAN
OVER HALF OF THE OVERDOSE DEATHS
AND, ACCORDING TO THE NATIONAL
CENTER OF DRUG ABUSE,
STATISTICS, OVERDOSE RATES
ATTRIBUTES THAT AND I'LL HAVE
INCREASED 69% IN THE PAST 12
MONTHS. CERTAINLY CONTINUES TO
INCREASE IN THE ILLEGAL STREET
MARKET FOR DRUGS CRIMINALIZING
THE DISTRIBUTION OF THAT
NORTHWEST. IT TAKE THE VITAL
SCHOOLS TO REDUCE THAT THE
CRIMINALIZATION OF TESTING
EQUIPMENT. NOT ONLY MAKE THE
HEART FOR INDIVIDUALS TO PROTECT
THEMSELVES, IT ALSO HAS A
CHILLING EFFECT ON ORGANIZATIONS
LIKE MINE. IN ADDITION TO BE IN
FOUNDER OF FOREVER FREE, I'M
ALSO A MOM. AND EVERY DAY I SET
OUT TO FURTHER FOREVER PLEASE
MENTION I FEAR THAT I WILL. ALSO
THE OTHER DAY I HAVE TO CALL MY
DAUGHTER FROM JAIL BECAUSE I AM
TRYING TO SAVE LIVES WITH THE
TOOLS CRIMINALIZED. MAYBE 13 98
CHANGES THAT BY PRAYING AND
EXCLUSION, PREVENTING ALL OF
THAT NOT AN ALONG TESTING
EQUIPMENT. TEST STRIPS THE
DEFINITION OF DRUG
PARAPHERNALIA. YES BUT NOT
TOUCHED THE BONE. THAT'S VERY
MUCH IN ENSURING INDIVIDUALS
KEEP LIVING FOR THESE REASONS.
BETTER DRIVE VOTE. THANK YOU.
THANK YOU NEXT WITNESS. GOOD
MORNING, MR CHAIR MEMBERS AND
ASSEMBLYWOMAN DAVID. MY NAME IS
DEAN SCHULMAN, ONE OF THE
FOUNDERS OF FRENCH AKA HARM
REDUCTION NONPROFIT BASED IN THE
BAY AREA, AND CHECKS AIM IS TO
DECREASE THE OVERWHELMING NUMBER
OF ACCIDENTAL OVERDOSES BY
PROVIDING LIFE SAVING RESOURCES
LIKE SEVERAL TESTERS AND NARCAN
WITHIN THE COMMUNITY. WE WORK
DIRECTLY WITH OWNERS, EMPLOYERS
AND CUSTOMERS IN PLACES RELATED
TO NIGHTLIFE, SOCIAL CLUBS IN
SCHOOLS WHERE MANY CENTRAL
OVERDOSES OCCURRED, OR IT COULD
BE PREVENTED. WE FOCUS ON HOW TO
RESPOND IN AN EMERGENCY AND HOW
TO PREVENT ONE FOR THE PAST
THREE YEARS. I'VE ALSO BEEN
CHIEF TECHNOLOGY OFFICER FOR
ELEMENT OF HEALTH SYSTEM I'VE
SEEN TERMINAL USED FOR GOOD AND
SADLY ALSO HAVE SEEN IT'S
INCREDIBLY EVIL SIDE. ACCORDING
TO A STUDY BY THE CITY TH IN THE
YEAR ENDING SEPTEMBER, 2021
THERE WERE OVER 5000 CENTRAL
RELATED DEATHS IN CALIFORNIA.
THAT'S 48 FOLD INCREASE IN JUST
SEVEN YEARS. THE CHIEF MEDICAL
EXAMINER FOR SAN FRANCISCO,
FOUND LAST YEAR OVER 74% OF
ACCIDENTAL OVERDOSES INVOLVED
CANNOT WE HAVE WITNESSED
SUBSTANCE HAS BEEN TESTED HAVE
SHOWN THE PRESENCE OF SENTINEL
WITH TESTERS. WE HAVE SEEN
SUBSTANCES ABANDONED IN THE
CHEST RECORDS POSITIVE. WE HAVE
SEEN BEHAVIORS CHANGES PEOPLE
BECOME USED TO HAVING THE
ABILITY TO CHECK THE SUBSTANCE,
WHICH WERE SENTINEL, ECHOING
JOHN HOPKINS STUDY ON THE
EFFICACY OF THE STRIPS. ALAMEDA
IN SAN FRANCISCO COUNTIES HAVE
HISTORICALLY BEEN LIKE
CALIFORNIA STATEWIDE AND THE
INCREASING DEATH RATES FROM
CENTRAL OVERDOSES. BUT IN 2021
WHEN SEN CHUCK LAUNCHED IN
OAKLAND AND SAN FRANCISCO,
PARTNERING WITH OVER 30 VENUES,
BOTH COUNTIES STARTED SEEING A
DECLINE IN THE RATE. WHILE THE
REST OF THE STATE WIDE CONTINUE
TO INCREASE THE TEST TO MAKE A
DIFFERENCE. THE VICTIMS OF
ACCIDENTAL PRODUCERS ARE SADLY
STATE SCHOOL AGED CHILDREN ARE
NOW ABLE TO EASILY ACQUIRE
COUNTERFEIT PILLS IN RELATION
WITH FENTANYL. DIDN'T NEED TO
UNDERSTAND THE DANGERS OF
FENTANYL AND HAVE ACCESS TO TEST
STRIPS KNOWLEDGE OF HOW TO USE
THEM AND HAVE THE SUPPORT OF
THEIR PARENTS AND TEACHERS. C
BERKELEY IS NOW OFFERING THIS
TEST STRIPS ARE OVERDOSED FOR
THAT. NARCAN IS DEATH PREVENTION
WITH FOCUS ON PREVENTING THE
OVERDOSE T BEGIN WITH EACH
WEEK OVER 50. PEOPLE WILL DIE
FROM FENTANYL RELATED OVERDOSES
IN JUST TWO COUNTIES REPRESENTED
BY THE FIVE MEMBERS OF THIS
COMMITTEE. WE MUST NORMALIZE
CALIFORNIA IMMEDIATELY. 80 15 98
WILL PROTECT OUR NEWS. OUR PEERS
YOUR CONSTITUENTS FROM
ACCIDENTALLY DYING FROM
INCEPTION. THEY DIDN'T EVEN KNOW
THEY WERE INGESTING. WE KNOW
THAT WITHOUT DRUG CHECKING THE
OVERGROWTH TRENDS WE'RE SEEING
WILL CONTINUE. IN AN INTERVIEW
WITH REUTERS, MY CO FOUNDER,
ALISON STATED AND DESPERATION
THAT WE'RE DONE WITH THAT KIDS
WERE DONE WITH ACCIDENTAL
OVERDOSES WERE ASKING FOR YOU TO
VOTE TODAY TO PASS 18 15 98.
THANK YOU. THANK YOU. NOW WE'LL
BRING IT BACK TO ROOM 1 12 OR
THEIR WITNESSES IN SUPPORT OF 15
98. MR CHAIR MEMBERS STAND FILLS
ON BEHALF OF THE LOS ANGELES
COUNTY DISTRICT ATTORNEY'S
OFFICE AND SUPPORT THANK YOU.
HONORABLE CHAIR MEMBERS SHERRY
DAILY WITH THE CALIFORNIA
CONSORTIUM OF ADDICTION PROGRAMS
AND PROFESSIONALS. THANK YOU.
THANK YOU. GOOD MORNING, MR
CHAIR MEMBERS. RUSSIA MATULA ON
BEHALF OF THE CALIFORNIA STATE
SHERIFF'S ASSOCIATION AND
SUPPORT THANK YOU. ARE THERE ANY
ADDITIONAL WITNESSES AND SUPPORT
OF A B 15 98 SEEN NONE WILL GO
TO THE PHONE PHONE LINES.
MODERATOR, ARE THERE WITNESSES
WISHING TO TESTIFY IN SUPPORT OF
15 98. THEY GIVE YOU IN SUPPORT
OF A B 15 98 YOU MAY PRESS ONE,
THEN ZERO. AGAIN THAT IS ONE AND
THEN ZERO, FEAR AND SUPPORT. WE
WOULD GO TO THE LINE 11. YOUR
LINE IS OPEN. GOOD MORNING, MR
CHAIR AND MEMBERS NICOLE WARD
ULLMAN ON BEHALF OF THE ORANGE
COUNTY BOARD OF SUPERVISORS AND
SUPPORT THANK YOU. I'M 28. YOUR
LINE IS OPEN. THE MONEY CHAIR
MEMBERS FINDING D BEHALF OF THE
CALIFORNIA COUNCIL OF COMMUNITY
BEHAVIOR, HEALTH AGENCIES AND
SUPPORT. THANK YOU LIKE 31. YOUR
LINE IS OPEN. GOOD MORNING, MR
CHAIR AND MEMBERS ANDREW LANGLEY
FROM NIELSEN MORTIMER ON BEHALF
OF THE COUNTY OF SAN DIEGO AND
SUPPORT THANK YOU. THANK YOU.
NEXT, WE'LL GO TO LINE 30 YEAR
LIGHT IS OPEN. IN MORE INSURING
MEMBERS OF THE COUNTY BEHAVIOR,
HEALTH DIRECTORS ASSOCIATION OF
CALIFORNIA AND SUPPORT THANK
YOU. THANK YOU, MR CHAIR. WE
HAVE NO FURTHER SUPPORTING QUÊ
AT THIS TIME. THANK YOU. NOW
WE'LL GO TO OPPOSITION AS THERE
ANY LEAD WITNESSES AND
OPPOSITION. THERE'S NONE LISTED.
ANYONE HERE IN ROOM 1 12.
HEARING C NONE. MODERATOR CAN WE
GO TO THE PHONE LINE TO SEE IF
THERE'S ANYONE IN OPPOSITION,
WHICH CAN TESTIFY? AGAINST 15
98. THANK YOU. IF YOU'RE AN
OPPOSITION OF A B 15 98 YOU MAY
PRESS ONE AND THEN ZERO. THAT IS
ONE AND THEN ZERO IF YOU'RE AN
OPPOSITION OF 80 15 98. AND MR
CHAIR. WE HAVE NO OPPOSITION AND
YOU GOT IT. ALL RIGHT. WE'LL
BRING IT BACK TO OUR COMMITTEE.
ARE THERE ANY QUESTIONS OR
CONCERNS AS IT RELATES TO ABBY
15 98. IT'S BEEN MOVED BY
SENATOR CHUCK BUG. WE HAVE A DO
PASS TO APPROPRIATIONS.
CERTAINLY WOMAN DAVIES, WOULD
YOU LIKE TO CLOSE? I
RESPECTFULLY ASK FOR MY VOTE.
THANK YOU. COUNCIL PLEASE CALL
THE ROLL ON FOLLOWING SOMEONE. I
MEAN, MAYBE. 15 98 BRADFORD
BRADFORD. I KNOW BOGUE. SHOW
BOAKYE KAMLAGER SKINNER SKINNER,
I WIENER. WIENER? AYE. THANK YOU
VERY MUCH. GOOD MORNING,
CHEROKEE IN WHEN YOU'RE READY.
THANK YOU. GOOD MORNING. CHAIR
MEMBERS. MAYBE 16 82 AND EXEMPT
30 OWNED LIFEGUARD RESCUE
VESSELS FROM THE EXISTING FIVE
MILE AN HOUR SPEED LIMIT WHEN
THEY'RE ENGAGED IN OCEAN RESCUE
OPERATION. CURRENT LAW PROHIBITS
WATERCRAFT FROM TRAVELING OVER
FIVE MPH WITHIN 100, FT. OF A
PERSON IN THE WATER OR 200 FT OF
THE BEACH. THAT PROHIBITION DOES
NOT APPLY TO LAW ENFORCEMENT
VESSELS OR TO STATE AND COUNTY
OWNED LIFEGUARD RESCUE VESSELS.
THAT SPEED LIMIT HAS BECOME THE
SUBJECT OF RECENT LITIGATION HAS
GONE AS HIGH AS THE CALIFORNIA
SUPREME COURT, WHO ULTIMATELY
URGED THE LEGISLATURE TO ADDRESS
THE AMBIGUITY AND EXISTING LAW.
MAYBE 16 82 SIMPLY ADOPTS THE
SUGGESTIONS MADE BY THE
CALIFORNIA SUPREME COURT TO
CLARIFY THAT THE CURRENT
EXEMPTION FROM THE FIVE MILE AN
HOUR SPEED LIMIT INCLUDES
LIFEGUARD RESCUE WATERCRESS.
DURING AN EMERGENCY TIME CAN
MEAN THE DIFFERENCE BETWEEN LIFE
AND DEATH WITHOUT A B 16 82
OCEAN LIFEGUARDS WILL BE HELD
BACK BY THE AMBIGUOUS LAW
PUTTING SWIMMERS AND SURFERS
LIVES NEEDLESSLY NEEDLESSLY AT
RISK. THIS BILL HAS NO ABSOLUTE
OPPOSITION. I RESPECTFULLY ASK
FOR MY VOTE TESTIFYING. TODAVÍA
PHONE IS KEVIN LYONS, FIRE
BATTALION CHIEF OF THE CITY OF
CARLSBAD AND KATHERINE
RICHARDSON. SENIOR CHIEF DEPUTY
CITY ATTORNEY FOR THE CITY OF
SAN DIEGO. MODERATOR CAN YOU CUE
UP ARE TWO PRIMARY WITNESSES
DIDN'T SUPPORT. THEY HAVE TWO
MINUTES CHEATS EACH. GOOD
MORNING, MR CHAIR. HELLO. YEP.
WE HEAR YOU MAY BEGIN MEMBERS.
MY NAME IS KEVIN LINDSEY,
DIVISION CHIEF FROM THE CITY OF
CARLSBAD, FIRE DEPARTMENT
SPONSOR OF THE LEGISLATION.
FIRST, I WANT TO BEGIN BY
THANKING ASSEMBLYMEMBER'S BORDER
HORVATH FOR CARRYING THIS
IMPORTANT LEGISLATION FORWARD.
THIS NOISE BROUGHT FORWARD AS A
RESULT OF A COURT CASE THAT
AROSE OUT OF THE CITY OF SAN
DIEGO AND BROUGHT TO LIGHT A
VERY IMPORTANT DESCRIPTIVE TO AN
EXISTING LAW. CURRENT LAW
ESTABLISHES A FIVE MILE AN HOUR
SPEED LIMIT FOR MACHINE
PROPELLED VESSELS, WHICH ARE
OPERATING WITHIN 100, FT. OF
SWIMMER OF 200 FT WITHIN A
BEACH. THERE IS AN EXCEPTION TO
THE SPEED LIMIT FOR VESSELS
ENGAGED IN DIRECT LAW
ENFORCEMENT ACTIVITIES AND
BETTER DISPLAYING BLUE SAFETY
LINES. HOWEVER CITY OWNED AND
OPERATED RESCUE VESSELS ARE NOT
INCLUDED INDUSTRY EXEMPTION. AND
SUBJECTS OF FITTING THE
LIABILITY FOR GROSS NEGLIGENCE.
CITY OF LIFEGUARD RESCUE VESSEL
EXCEED THE FIVE MILE AN HOUR
SPEED LIMIT. THE FIVE MILE AN
HOUR SPEED LIMIT IS NOT FEASIBLE
FOR LIFEGUARDS THAT ARE
RESPONDING TO VICTIMS IN DANGER
OF DROWNING, OR TO REMOVE
THEMSELVES FROM THE MOST
DANGEROUS SITUATIONS WHEN
PERFORMING RESCUES. LIFEGUARDS
REGARDLESS OF AUTHORIZING
JURISDICTION, MUST USE THE
RESCUE WATER CROSS. TO CONTROL
CLOSE LINES AND QUICKLY RESPOND
TO LIFE SAVING AND OTHER PUBLIC
SAFETY EVENTS. THESE RESCUE
WATERCRAFT OR FORCE MULTIPLIERS
, MEANING ONE LIFEGUARD AND PWC
ARREST YOU. WATER GROUND CAN NOT
ONLY REACH THOSE IN NEED MUCH
FASTER. BUT ALSO REFUSE MULTIPLE
PEOPLE AT THE SAME TIME IN A
MUCH SAFER MANNER. AND CALLS
OUT. THE FIRE DEPARTMENT
OVERSEES THE CITY'S LIFEGUARD
SERVICES AND OFFERS AN ADVANCED
LIFE SUPPORT CARE TO PEOPLE ON
THE BEACH WITH PARAMEDIC
LIFEGUARDS, WHICH IS UNIQUE
AMONG THE BLACKGUARD AGENCIES
AND OFFERS OUR PATRONS A HIGHER
LEVEL OF EMERGENCY CARRYING A
SHORTER RESPONSE TIME. CITY LIFE
GUARDS PERFORM THESE RESCUE
DUTIES UNDER THE SAME STANDARDS
AND CONDITIONS, SKATER COUNTY
OCEAN LINE CARDS GOING THROUGH
MULTIDAY TRAINING ON THESE
WATERCRAFT PERFORMING RESCUES IN
THE SURF ZONE. THERE'S STILL
ALONG WITH THE CITY'S CURRENT
LIFEGUARD PROGRAM WILL ENSURE WE
HAVE THE TWO OF NECESSARY TO
RESPOND TO EMERGENCY SITUATIONS
WHERE SECONDS CAN BE THE
DIFFERENCE BETWEEN LIFE AND
DEATH. I COMMEND THE SUPREME
COURT FOR RECOGNIZING THIS
CRITICAL DISCREPANCY. AND URGES
LEGISLATURE FOR CLARENCE
CLARIFICATION. CONTINUE TO
UNCERTAINTIES SURROUNDING THE
CURRENT LAW JEOPARDIZES THE
SAFETY OF THOSE IN NEED. EMOTION
RESCUE AS ONE OF THE SAFETY OF
FIRST RESPONDERS WHO OFTEN
RESTAURANT LIVES SAVED THEM
COPYING EXEMPTION, MANY CITIES.
MY CARD SERVICES WILL HAVE TO
MAKE A CRITICAL CHOICE
MAINTAINED FIVE MILES AN HOUR
WHEN ATTEMPTING A RESCUE OF
SURFERS OR SWIMMERS VERY
SIGNIFICANTLY INCREASE THE
CITY'S LIABILITY RISK FOR DO
AWAY WITH RESCUE A LOT OF CRAP
ALTOGETHER. AS A FIRST
RESPONDER. THE CHOICE IS SIMPLE.
WE ALWAYS CHOOSE STABLE LIKE
SOMEONE'S LIFE ON BEHALF OF THE
CITY OF CARLSBAD. I RESPECTFULLY
AFTER I BOAT THANK YOU VERY
MUCH. THANK YOU NOW WE MOVED TO
THIS, MR RICHARDSON. LET ME
CHECK FOR HER ONE MOMENT. OH I'M
SORRY. I WAS GOOD MORNING, MR
CHAIR AND MEMBERS. I'M KATHERINE
RICHARDSON, SENIOR CHIEF DEPUTY
CITY ATTORNEY WITH THE OFFICE OF
THE SAN DIEGO CITY ATTORNEY. I
REPRESENT THE CITY OF SAN DIEGO
IN THE HATED SEEING VERSUS CITY
OF SAN DIEGO CASE. WHICH WAS THE
IMPETUS FOR THIS BILL. I
APPRECIATE YOUR CONSIDERATION OF
THIS IMPORTANT BILL. WE'VE
PROPOSED IT TO CLARIFY THE
INTENT OF HARBORS AND NAVIGATION
CODE SECTIONS. 6 50.1 AND 6
55.2. BOTH THE STATE COURT OF
APPEAL, AND THE SUPREME COURT
INVITED THE LEGISLATURE TO
CONSIDER AMENDING THESE COLD
SECTIONS TO CLARIFY THE
LEGISLATURE'S INTENT. SUPREME
COURT WENT SO FAR AS TO SAY THAT
CLARIFICATION IS CRUCIAL BECAUSE
WITHOUT IT, THERE IS REMAINING
UNCERTAINTY ABOUT WHETHER CITY
OWNED WATERCRAFT CAN EVER BE
EXEMPT FROM THE SECTION 6 55.5
MILE PER HOUR SPEED LIMIT.
THERE'S NO REASON TO EXEMPT
COUNTY AND STATE BUT NOT CITY
LIFE GUARD VESSELS FROM THE FIVE
MILE PER HOUR SPEED LIMIT THE
PROPOSED AMENDMENT OF SECTION 6
50.1 RESOLVES THIS DISPARITY BY
EXPRESSLY STATING THAT FOR
PURPOSES OF THIS CHAPTER CITIES
LIKE COUNTIES ARE SUBDIVISIONS
OF THE STATE. THE PROPOSED
AMENDMENT TO SECTION 6 55.2 IS
CRUCIAL BECAUSE IT CLARIFIES
THAT THE FIVE MILE PER HOUR
SPEED LIMIT DOES NOT APPLY TO
LIFEGUARDS OPERATING WITHIN THE
SURF ZONE AND DOES NOT PREEMPT
LOCAL ORDINANCES THAT EXEMPT
LIFEGUARD VESSELS FROM SPEED
LAWS. HOWEVER NAVIGATIONS CODE
SECTION 6 50 SEATS. THAT QUOTE
IS THE POLICY OF THE STATE TO
PROMOTE SAFETY FOR PERSONS AND
PROPERTY IN AND CONNECTED WITH
THE USE AND EQUIPMENT OF VESSELS
AND TO PROMOTE UNIFORMITY OF
LAWS RELATING THERE, TOO. CLOSE
QUOTE. THE PROPOSED AMENDMENTS
WILL DO JUST THAT. ON BEHALF OF
THE CITY OF SAN DIEGO. WE
RESPECTFULLY REQUEST YOUR I
VOTE. THANK YOU. THANK YOU. NOW
WE'RE BRINGING BACK TO ROOM 1 12
OR WITNESSES IN SUPPORT. OF A B.
16 82. GOOD MORNING, MR CHAIR
AND COMMITTEE MEMBERS, JONATHAN
CLAY ON THE MAP OF THE CITY OF
ENCINITAS AND SUPPORT THANK YOU
ANY ADDITIONAL WITNESSES? YOU
REMEMBER 1 12. KUNIN MODERATOR,
LET'S GO TO OUR PHONE LINES AND
SEE IF THEY'RE WITNESSES IN
SUPPORT OF A B 16 82. THANK YOU
FOR YOUR SUPPORT OF A B 16 82
YOU MAY PRESS ONE AND THEN ZERO.
AGAIN THAT IS ONE AND THEN ZERO
FEAR IN SUPPORT OF A B 16 82.
AND WE HAVE NO SUPPORTING QUÊ AT
THIS TIME, MR. THANK YOU. NOW
WE'LL BRING IT BACK TO THE ROOM
. ARE THERE ANYONE IN
OPPOSITION? AH A B 16 82 HERE IN
ROOM 1, 12 AND UNDERSTAND
PRIMARY WITNESS LISTED AS WELL,
MODERATORS. LET'S GO TO OUR
PHONE LINES AND SEE IF THERE IS
ANYONE IN OPPOSITION OF A B 16
82. THANK YOU FOR YOUR POSITION
OF A B 16 82 YOU MAY PRESS ONE
AND THEN ZERO. THAT IS ONE AND
THEN ZERO. IF YOU'RE AN
OPPOSITION OF A B 16 82. AND WE
HAVE NO OPPOSITION IN CUBA AT
THIS TIME. THANK YOU. NOW WE'LL
BRING IT BACK TO OUR COMMITTEE.
ARE THERE ANY QUESTIONS OR
CONCERNS AS IT RELATES TO THIS
MEASURE? MHM SHARING SEE? NONE
HAS BEEN MOVED BY SENATOR
WIENER. SOONER SIMILAR MEMBER
WOULD YOU LIKE TO CLOSE?
RESPECTFULLY ASK FOR YOUR VOTE.
GREAT WE HAVE A DO PASS. COUNCIL
PLEASE CALL THE ROLL ON FILE
ITEM TO BE 16 82. 86. MAYBE 16
82 BRADFORD PHð BOGUE. SHOW.
BOGUE. I KAMLAGER SKINNER,
WIENER. WIENER? AYE. MAJOR
HOUSE. THREE VOTES WILL LEAVE
THE ROLE OPEN FOR ABSENT
MEMBERS. THANK YOU. NEXT UP IS
JOAN SAWYER. BUT HE'S NOT HERE.
SO I'M GOING TO TAKE MR CHEN,
WHO IS ALWAYS READY. CAN HELP
YOU PRESENTING 1974 1974 SO.
WHEN YOU'RE READY. YOU MAY BEGIN
YOUR TESTIMONY. THANK YOU, MR
CHAIR FOR TIME. GRATEFUL FOR YOU
. I WANT TO BE MY THANKING THE
COMMUNITY FOR ALL THE WORK THEY
HAVE DONE ON THIS MEASURE. WITH
THAT, SENATOR CHAIRMAN. THANK
YOU SO MUCH FOR ALLOWING TO
PRESENT A B 1974. FOR YEARS
PROCESS. SERVERS HAVE ENABLED
SERVE DOCUMENTS IN A JUDICIAL
PROCEEDING TO AN INMATE IN
COUNTY JAIL BY GIVING THE PAPERS
FOR THE SHERIFF OR THE JAILER.
THE SERVICE IS IMPORTANT AS IT
ENSURES THAT THE INMATES HAVE
ACTUAL NOTICE OF A LEGAL
PROCEEDING INVOLVING THEM. A
CRITICAL CONSTITUTIONAL
PRINCIPLE. UNFORTUNATELY SIMILAR
LAW DOES NOT EXIST FOR INMATES
IN THE STATE PRISON. OFTEN THE
STATE PRISONS, YOU KNOW, WAKE
THE INMATE AVAILABLE TO RECEIVE
THE SERVICE. WE ACKNOWLEDGE THAT
STATE PRISONS MAKE CRITICAL
ADMINISTRATIVE AND SAFETY
DECISIONS WHICH LIMIT THE
INMATES AVAILABILITY. HEROIN TO
SHOW DUE DILIGENCE. THE PROCESS
SERVER WILL HAVE TO MAKE
MULTIPLE ATTEMPTS TO PERSONALLY
DELIVER THE DOCUMENTS. TO THE
INMATE EVEN WHEN THE STATE JAIL
STAFF SAYS THEY WILL NOT PRODUCE
THE INMATE. MAYBE 1974 SEEKS TO
REMEDY THIS PROBLEM IMPLIES THE
SAME COUNTY JAIL LAW, THE STATE
PRISON INMATES. TODAY WE HAVE
SOME WITNESS TESTIMONY, MR MIKE
BELOW WITH THE CALIFORNIA
ASSOCIATION OF LEGAL SUPPORT
PROFESSIONALS. YOU MAY BEGIN.
YOU HAVE FOUR MEANT THANK YOU,
MR CHAIR. I WON'T TAKE THAT, UH,
SPEAKING ON BEHALF OF THE
CALIFORNIA ASSOCIATION OF LEGAL
SUPPORT PROFESSIONALS WANTED TO
ECHO THE THANKS FOR THE HARD
WORK OF MS KNEELING ON THE ON
THE BILL. UH YOU'D BE SURPRISED
. OR MAYBE YOU WOULDN'T HOW MUCH
SERVICE OF PROCESS GOES ON AND
PENAL INSTITUTIONS BETWEEN
PRISONS AND JAILS AND MOST
INSTITUTIONS DESIGNATE A
LITIGATION COORDINATOR TO
RECEIVE THE DOCUMENTS. AND
DELIVER THEM TO THE INCARCERATED
PERSON. SOME DON'T SOME SAY WELL
, YOU HAVE TO MAIL IN THE
DOCUMENTS, WHICH ISN'T A GOOD
PRACTICE AND THE DOCUMENTS CAN
BE LOST. THEREBY DEPRIVING THE
INCARCERATED PERSON OF THE DUE
PROCESS PROTECTIONS THEY NEED.
ALL THE BILL DOES IS ASK BOTH
THE STATE PRISONS ALONG WITH THE
JAILS TO DESIGNATE A PERSON. AND
DECLARE IFIED THAT YOU CAN HAND
THE DOCUMENTS TO THAT LITIGATION
COORDINATOR ON THE FIRST
ATTEMPT. THIS IS SUBSTITUTED
SERVICE, AND SOME JUDGES ASKED
FOR MULTIPLE ATTEMPTS TO
DEMONSTRATE DILIGENCE AND ASK
THAT YOU GO, FOR EXAMPLE,
MULTIPLE DAYS. MULTIPLE TIMES.
WELL OBVIOUSLY, THAT DOESN'T
MAKE ANY SENSE IN A PRISON.
YOU'RE GOING TO BE TOLD THE SAME
THING EACH TIME YOU GO. SO THE
FIRST ON YOUR FIRST ATTEMPT YOU
CAN SERVE THE LITIGATION
COORDINATOR. WHO IN TURN WILL
DELIVER THE DOCUMENTS TO THE
INCARCERATED PERSON, THEREBY
GUARANTEEING DUE PROCESS. UH
WE'VE WORKED IT OUT WITH THE
COMMITTEE. WE HAVE NO
OPPOSITION. WE WOULD ASK FOR
YOUR VOTE. THANK YOU. YOU ARE
THERE ANY ADDITIONAL WITNESSES
HERE AND ROOM 1 12 WISHING TO
TESTIFY AND SUPPORT OF 1974. AND
SAYING, LET'S GO TO OUR PHONE
LINES. MODERATOR DO WE HAVE ANY
WITNESSES IN SUPPORT OF A B
1974? THANK YOU FOR YOUR IN
SUPPORT OF A B 1974 MADE PRESS
ONE AND THEN ZERO. AGAIN THAT IS
ONE AND THEN ZERO IN SUPPORT OF
A B 1974. AND MR CHAIR. WE HAVE
NO SUPPORT AT THIS TIME IT ALL
RIGHT NOW WE'LL MOVE THE
OPPOSITION. THERE'S NO FORMAL
OPPOSITION LISTED HERE IN THIS
BUILDING OR ANYONE HERE IN ROOM.
1 12. WE SHOULD TESTIFY. AND
OPPOSITION OF 1974. ALL RIGHT.
NO. ONE MOVING. MODERATOR WILL
GO TO THE PHONE LINES AGAIN AND
SEE IF THERE'S ANYONE WISHING TO
TESTIFY AND OPPOSITION OF A B
1974. THEY GIVE YOU AN
OPPOSITION OF A B 1974? YOU MAY
PRESS ONE, AND THEN ZERO AGAIN.
THAT IS ONE IN THE ZERO IF
YOU'RE AN OPPOSITION. AND WE
HAVE NO OPPOSITION IN Q AT THIS
TIME AND WORK BY THE AUTHOR, NO
OPPOSITION ALL RIGHT. WE'LL
BRING IT BACK TO THE COMMITTEE.
ANY QUESTIONS OR CONCERNS AS IT
RELATES TO MAYBE 1974 ONLY DONE
THEIR EMOTION. WE HAVE A DO PASS
TO APPROPRIATIONS. COUNCIL
PLEASE CALL THE ROLL AND
FOLLOWING THEM FIVE 1974
BRADFORD PHð BOGUE. SHOW BOAKYE
KAMLAGER SKINNER, WIENER. NGUYEN
RI. THE MEASURE HAS THREE VOTES
WILL LEAVE THE ROLE OPEN FOR THE
ABSENT MEMBERS. CONGRATULATIONS.
ALWAYS. THANK YOU. SHE NO
ADDITIONAL AUTHORS HERE AT THIS
TIME. UM CAN WE MAKE A MOTION ON
CONSENT CALENDAR. YOU CAN CHECK
CALENDAR HAS BEEN MODE. COUNCIL.
PLEASE CALL THE ROLL ON THE
CONSENT CALENDAR. BRADFORD HI
PHGUE BOAKYE KAMLAGER
SKINNER WIENER. WINNER. AYE.
YES. 9 10 11 12. UM CONSENT
CALENDAR. THREE VOTES WILL LEAVE
THE ROLE OPEN FOR ABSENT
MEMBERS. AND WE GO BACK AND DO,
UM, CAN WE RESCIND THE MOTION ON
CHEN AND DO A NEW MOTION BECAUSE
THERE'S UM, WE HAVE TO. GRANT
RECONSIDERATION AND THEN DO A NO
MOTION BECAUSE IT WAS DUE PASS
AS AMENDED, AND WE DIDN'T SAY AS
AMENDED. ALL RIGHT. SO WHAT DO
WE NEED YOU TO GRANT
RECONSIDERATION GRANT
RECONSIDERATION ON A V 1974 AND
THEN, UM, DO A NEW MOTION
BECAUSE WE CAN DO A NEW MOTION
TODAY BECAUSEIT'S UM IT WAS
IT'S PASSING. IT HAS ENOUGH
VOTES TO PASS. SO NOW DO A NEW
MOTION. THAT'S UM, DO PASS AS
AMENDED. ALL RIGHT, HAVE A NEW
MOTION DO PASS AS AMENDED TO
APPROPRIATIONS. IS THERE A
MOTION IT'S BEEN. AND I'LL CALL
THE VOTE AGAIN. BRADFORD DIACO
BOGUE. BROUGH GUY WIENER. NOW.
SO WE HAVE THREE VOTES ON THAT
WILL LEAVE THE ROLLOUT OPEN ON
1974 AND WE COULD DO THE VOTE
ONLY. AND CAN WE CALL? AH
COLORADO. DO WE HAVE ANY
OUTSTANDING ISSUES THAT MEMBERS
HERE HAVEN'T VOTED ON? NO. WE
CAN MOVE TO TRIAL I ITEM NUMBER
14 TO VOTE ONLY. COUNTER POLICE
COLORADO. IS THERE A MOTION I
SHOULD SAY? ON THE LIVING WILL
LEVIN. BILL NUMBER 14 VOTE ON
AND MOVED BY SENATOR WIENER.
COUNCIL, PLEASE CALL THE ROLL. A
B 17 44 BRADFORD. BREAD FOR NOT
VOTING. A TRUE BOGUE. IT'S THE
ONLY NUMBER 14 BY MR LEVINE.
ROBO GUY KAMLAGER. SKINNER,
WIENER. WE'LL LEAVE THE ROAD
OPEN FOR ABSENT MEMBERS. THANK
YOU NOW JUST WAIT ON SOME
AUTHORS. TOÀN SAWYER'S WRAPPING
UP SKINNER'S JONES SAWYER'S LAST
BILL.
WE HAVE MR GIBSON, WE CAN TAKE A
B 21 69. BARTOLOME SIX. WHEN
YOU'RE READY, YOU MAY BEGIN. I'M
OUT OF BREATH RAN FROM OVER.
THANK YOU VERY MUCH. GOOD
MORNING, MR CHAIRMAN AND MEMBERS
. SENATORS THANK YOU FOR
ALLOWING ME TO PRESENT ASSEMBLY
BILL. 21 69, WHICH SEEKS TO HELP
UNDO THE HARM THAT UNDOCUMENTED
VICTIMS OF EXPLOITATIONS
EXPERIENCE WHEN THEY CRIMINAL
WHEN THEY ARE CRIMINALIZED AS A
RESULT. OF THEIR ABUSE. THIS
BILL IS ABOUT JUSTICE FOR ALL.
AND HAVE RECEIVED UNANIMOUS
BIPARTISAN SUPPORT. IT SEEKS TO
ALLOW VICTIMS TO ELIMINATE. TO
ELIMINATE IMMIGRANTS, UM,
CONSEQUENCES DUE TO CONVICTIONS
OF CRIMES THEY WERE FORCED TO
COMMIT WHEN THEY WERE A VICTIM.
THERE IS CURRENT RELIEF IN LAW
THAT GIVES PROTECTION TO SOME
FORMER VICTIMS WHO ARE CITIZENS
UNDERSCORE CITIZENS. ALLOWING
THEM TO CLEAR TO BE CLEAR OF
THEIR OF THEIR RECORDS IN THESE
PARTICULAR CASES, BUT THESE
PROTECTIONS DO NOT, AND I WANTED
TO UNDERSCORE, DO NOT EXTEND TO
CURRENT, UM INDIVIDUALS WHO ARE
UNDOCUMENTED. AND THE CRUX OF
THE MATTER IS THAT IF SOMEONE
WHO HAS BEEN UNDOCUMENTED WHO IS
UNDOCUMENTED HAS BEEN FORCED
INTO HUMAN TRAFFICKING OR SEX
TRAFFICKING, AND THEY ARE
ARRESTED. THAT FELONY CHARGE
STAYS WITH THEM WHEN THEY'RE ON
THEIR RECORD, BUT FOR CITIZENS
IS ACTUALLY EXPUNGED IS ACTUALLY
REMOVED. AND SO THIS BILL,
ACCORDING TO THE A C L U LMOST
80% OF ALL TRAFFIC VICTIMS
WORLDWIDE ARE WOMEN. AND
CHILDREN. AND THESE VICTIMS ARE
ALMOST EXCLUSIVELY OF IMMIGRANT
STATUS. WHEN THOSE WHO ARE
UNDOCUMENTED, OUR TRAFFIC, THE
UNIQUE VULNERABILITY CAN BE
LEVERAGED AGAINST THEM BECAUSE
OF CULTURAL BEARERS, LANGUAGE
BEARERS, ETCETERA. TRAFFICKING
TRAFFICKERS MAY USE LEGAL
CONSEQUENCES TO FORCE UM THEIR
CONTROL OVER AND DOCUMENTED
VICTIMS, THREATENING THEM
THREATENING THEIR FAMILIES.
THREATENING TO HAVE THEM
DEPORTED AND WHOLE BUNCH OF
OTHER THINGS BY FORCING CONTROL
OVER THEIR VICTIMS. TRAFFICKERS
MAY EVEN THREATENED TO KILL OR
HARM VICTIMS OR THEIR FAMILY
MEMBERS. AND WE'VE SEEN TIME AND
TIME AGAIN. THE TRAUMA THAT THIS
HAS HAS BROUGHT ON IN THIS VERY
DANGEROUS SITUATION. WHEN YOU
LOOK AT MY UNDOCUMENTED BROTHERS
AND SISTERS, UM AND BABIES WHO
ARE EQUALLY INTEGRAL PART OF THE
AMERICAN, UM, FABRIC AND THEY'RE
BEING TRAFFIC IN AND THE VICTIMS
WHO SUFFER THE TRAUMA. HAVE
NOWHERE TO GO. THEY FEEL THAT
THEY ARE BY THEMSELVES. AND SO
THIS BILL PROVIDES THE SAME
KINDS OF PROTECTIONS WHETHER
INDIVIDUAL IS DOCUMENTED OR NOT
UNDER LAW, AND IT BRINGS THEM IN
TO CURRENT LAW AND MAKES THEM
WHOLE AGAIN. WE CANNOT HAVE LAWS
FOR UNDOCUMENTED AND ALSO THOSE
WHO ARE CITIZENS OF THIS STATE
IN THIS COUNTRY. PROVIDING
SUPPORT FOR THIS BILL TO ANSWER
ANY QUESTIONS AS A
REPRESENTATIVE FROM LOYOLA
MARYMOUNT UNIVERSITY WHO IS IN
PERSON, I BELIEVE YES, GREAT. UM
GOOD AFTER GIVE YOU TWO MINUTES
, PLEASE. GOOD MORNING. I CHAIR
AND MEMBERS OF THE COMMITTEE. MY
NAME IS JOSEPH NIGELLA FROM THE
POLICY DIRECTOR AT A NEW
INITIATIVE OF HUMAN TRAFFICKING.
A LAWYER LAW SCHOOL. WHICH UM
AND OUR HOPE IS TO FIGHT ALL AND
COME BACK ALL FORMS OF HUMAN
TRAFFICKING. HUMAN TRAFFICKING
IS THE WORLD'S FASTEST GROWING
CRIMINAL ENTERPRISE AND IS
ESTIMATED TO BRING ABOUT 100 AND
$50 BILLION ANNUALLY. T TWO
CRIMINALS. CALIFORNIA HAS THE
HIGHEST NUMBER OF HUMAN
TRAFFICKING CASES IN THE
NATION'S REPORTED TO THE
NATIONAL HUMAN TRAFFICKING
HARDLINE MANY VICTIMS ARE
CORCED INTO ILLICIT ACTIVITY,
AND THE LEGISLATURE HAS
RECOGNIZED THE COMPLEXITIES OF
HUMAN TRAFFICKING ENACTED LAWS.
DEPOSIT IN REGARDS TO POST
RELIEF CONVICTION. SOME OF THESE
SURVIVALS ARE UNDOCUMENTED AND
HAVE NO ACCESS TO THE SAME
RELIEF. AND THE REASON THAT THEY
DON'T HAVE ACCESS TO DECEMBER
LEAF IS THE VAGUENESS IN REGARDS
TO THE STATUE. IMMIGRATION LAW
REQUIRES THAT IT BACKWARDS SURE
TO BE BASED ON SUBSTANTIAL OR
PROCEDURES AT THE EFFECT TO BE
GIVEN TO THE FULL EFFECT,%
ELIMINATING THE IMMIGRATION
CONSEQUENCES OF A CONVICTION.
CONVICTIONS THAT ARE NOT
ADVOCATED THIS WAY AT TIMES HAVE
IMMIGRATION CONSEQUENCES TO
THOSE VICTIMS. THAT'S WHY WE ARE
PROGRESS. SPONSORS OF THIS BILL
ASSEMBLY BILL 21 60. NINE THAT'S
SIX TO HELP THE UNDUE HARM THAT
NASTY DISTANCE SURVIVALS HAVE WE
APPRECIATE THE OTHER FOR
INTRODUCING THIS BILL, AND WE
ALSO RESPECTFULLY REQUEST YOUR
SUPPORT. THANK YOU. ARE THERE
ANY OTHER WITNESSES HERE IN THE
ROOM AND SUPPORT UH, SENATOR, WE
SHOULD HAVE SOMEONE ON THE LINE
OF 69. HE MAY GO AHEAD. MR
CHAIRMAN MEMBERS STANFILL
ASSAULT ON BEHALF OF THE LOS
ANGELES COUNTY DISTRICT
ATTORNEY'S OFFICE IN SUPPORT.
THANK YOU. I MODERATED WITH ME.
WE CAN GO TO THE PHONE LINES ARE
AS WELL AS ANYONE. ANY
ADDITIONAL WITNESSES HERE 1 12,
SHEENA, AND LET'S GO TO THE
PHONE LAUNCH NOW FOR WITNESSES
AND SUPPORT. A BABY 21 69. BLOWN
MY NAME IS ROSE CON, AND I'M THE
SENIOR ATTORNEY AT THE IMMIGRANT
LEGAL RESOURCE CENTER, RIGHT,
SPECIALIZED IN POST CONVICTION
RELIEF FOR IMMIGRANTS. WE
APPLAUD THE RECENT STRIDES
CALIFORNIA HAS TAKEN TO ENSURE
THAT SURVIVORS OF INTIMATE
PARTNER VIOLENCE AND TRAFFICKING
HAVE BEEN MEANINGFUL WAY TO
CLEAR THEIR RECORDS. BUT THESE
LAWS HAVE SUFFERED FROM A
CRITICAL OVERSIGHT. IMMIGRANTS
ACROSS THE STATE HAVE RUN INTO
BARRIERS ACCESSING THE RELIEF
THEY'RE ENTITLED TO, EVEN WHEN
THEIR ARRESTS AND CONVICTIONS
ARE ILLEGAL BECAUSE THEY ARE A
DIRECT RESULT OF EXPLOITATION
AND VIOLENCE. THE VICTIMS REPORT
TO ENDURE THESE LOTS HAVE LEFT
OUT. PEOPLE LIKE LISA LISA IS AN
IMMIGRANT SURVIVORS OF HUMAN
TRAFFICKING. FOR APPROXIMATELY
12 YEARS SHE WAS FORCED BY HER
TRAFFICKER TO ENGAGE IN SEX ACTS
WITH STRANGERS. ONE OF HER
TRAFFICKERS BEAT HER SO BADLY
THAT SHE HAD TO EAT THROUGH A
STRAW. LISA WAS ARRESTED AND
CONVICTED OF PROSTITUTION AND
OTHER RELATED CHARGES MANY
TIMES. LISA IS NOW FREE FROM HER
TRAFFICKER. HE WOULD BE ELIGIBLE
FOR A VISA TO LEGALIZE HER
IMMIGRATION STATUS BUT IS AT
RISK OF HAVING THAT VISA DENIED
BECAUSE OF THE RECORD DESPITE
THE FACT THAT UNDER CALIFORNIA
LAW FOR CONVICTIONS ARE LEGALLY
INVALID. CALIFORNIA CREATED ITS
VACATUR LAWS TO PROTECT
SURVIVORS LIKE LISA FROM ENDING
UP WITH CRIMINAL RECORDS AS A
RESULT OF WHAT THEIR TRAFFICKERS
DID TO THEM. IT IS UNJUST AND
UNDERMINES THE PURPOSE OF THESE
LAWS WHEN THE CRIMINAL RECORDS
OF IMMIGRANTS CONTINUE TO PUT
THEM AT RISK, DESPITE THE FACT
THAT THE STATE HAS DEEMED THESE
RECORDS TO BE LEGALLY ERRONEOUS.
THANKFULLY A B 21 69 PROVIDES A
SOLUTION. PLEASE VOTE YES TO
ENSURE THAT LISA AND ALL
SURVIVORS ARE FULLY PROTECTED BY
THE VACATUR LAWS AND CALIFORNIA.
AND THAT NO PERSON HAS DENIED
RELIEF ON THE BASIS OF A LEGALLY
INVALID CONVICTION. THANK YOU.
THANK YOU NOT MODERATOR. LET'S
GO TO OUR PHONE LINES AND SEE IF
THERE'S WITNESSES IN SUPPORT OF
21 69. THANK YOU FOR YOUR
SUPPORT OF A B 21 69. YOU MADE
PRESS ONE AND THEN ZERO. AGAIN
THAT IS ONE AND THEN ZERO. IF
YOU WERE IN SUPPORT OF A B 21
69. TO LINE 20 OR LINE IS OPEN.
PLEASE GO AHEAD. GOOD MORNING.
LESLIE CALDWELL, HOUSTON FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION IN SUPPORT. THANK
YOU. THANK YOU. THANK YOU. NEXT
WILL VOTE TO LINE 34. YOUR LINE
IS OPEN. PLEASE GO AHEAD. GOOD
MORNING CHAIR MEMBERS, JASON
SUBTLE ON BEHALF OF THE LOS
ANGELES CENTER FOR LAW AND
JUSTICE AND SUPPORT OF A B 21
69. THANK YOU. THANK YOU. AND WE
DO HAVE ONE MORE IN Q ONE
MOMENT, PLEASE. AND AGAIN WE ARE
IN SUPPORT OF A B 21 69. AND WE
WILL GO TO LINE 36. YOUR LINE IS
OPEN. HI MY NAME IS ALLISON DALE
SANFORD. I'M CALLING IN AND
SUPPORT AND MAYBE TWO AND 69. I
WORK WITH FREEDOM THRIVE. ER, AN
ANTI TRACKING ORGANIZATION THAT
SPECIALIZES IN POST CONVICTION
RELIEF. THANK YOU. THANK YOU. WE
HAVE NO FURTHER SUPPORTING QUÊ.
OKAY, GREAT. THANK YOU. NOW
WE'LL MOVE TO OUR POSITION. IS
THERE ANY WITNESSES HERE AND
TWIN ONE? I'M SORRY ROOM. 1 12,
WHO WISH TO TESTIFY IN
OPPOSITION OF MAYBE 21 69. HUMAN
GENE ON. MODERATOR LET'S GO TO
OUR PHONE LINES AND SEE IF
THERE'S ANY CALLERS AND QUÊ
WISHING TO TESTIFY AND
OPPOSITION 21 69. THANK YOU FOR
YOUR OPPOSITION OF A B 21 69.
YOU MAY PRESS ONE AND THEN ZERO.
AGAIN THAT IS ONE AND THEN ZERO
FOR AN OPPOSITION OF A B 21 69.
AND WE HAVE NO OPPOSITION AQ AT
THIS TIME, WE'LL BRING IT BACK
TO THE COMMITTEE. IS THERE ANY
QUESTIONS OR CONCERNS AS IT
RELATES TO A V 21 69? BEEN MOVED
BY SENATOR WIENER. ASSUMING
GIBSON WOULD YOU LIKE TO CAUSE?
YES THANK YOU VERY MUCH. SENATOR
AND UM SENATORS. THANK YO FOR
ALLOWING ME TO PRESENT THIS BILL
. WE BELIEVE IT'S A COMMON SENSE
MEASURE. I WANT TO THANK ALSO
JOSEPH, AND ALSO ROSE FOR
TESTIFYING OR SUPPORT BUT MOST
IMPORTANTLY, ALLOWING LISA'S
STORY TO BE SPOKEN OF TODAY
BEFORE THIS COMMITTEE. THIS IS A
BILL THAT STANDS UP FOR SO MANY
. LISA'S LIKE LISA. UM AND WE
WANT TO MAKE SURE THAT THE SAME
PROTECTIONS THAT CITIZENS HAVE
UNDER THE LAW IS EXTENDED TO
THOSE WHO ARE UNDOCUMENTED. AND
WE BLIEVE THAT ASSEMBLY BILL 21
69 IS THAT PIECE OF LEGISLATION
THAT PROVIDES EQUAL PROTECTION
UNDER THE LAW, RESPECTFULLY
ASKED WHEN I VOTED THE PROPER
TIME. GREAT ALRIGHT, WE HAVE TO
DO PASS TO APPROPRIATIONS
COUNCIL. PLEASE CALL THE ROLL ON
FALL ITEM SIX. A B 21 69
BRADFORD KOBO GBAGBO GUY
KAMLAGER SKINNER WIENER. WIENER
I THANK YOU. THREE VOTES WILL
LEAVE THE WORLD OPEN FOR ABSENT
MEMBERS. CONGRATULATIONS. NEXT
UP IS FALL ITEM SEVEN BIAS.
SIMILAR MEMBER RUBIO, MAYBE 20
TO 74. THANK YOU, MR CHAIR AND
SENATORS. UNDER CURRENT LAW
MANDATED REPORTERS ARE REQUIRED
TO REPORT KNOWN OR SUSPECTED
CHILD ABUSE AND NEGLECT SO THAT
AN INVESTIGATION CAN TAKE PLACE.
HOWEVER IF A MANDATED REPORTER
FAILS TO PROTECT THE CHILD BY
FAILING TO REPORT AND ONE YEAR
PASSES THE LARGE, NO LONGER
ENFORCEABLE. UH THE PROBLEM WITH
THIS APPROACH IS THAT SEVERAL
CASES HAVE OCCURRED WHERE A
CHILD HAS BEEN THE VICTIM OF
PHYSICAL ABUSE OR NEGLECT. AND A
MANDATED REPORTER WAS MADE AWARE
OF THIS BUT FOREVER. RIETI OF
REASONS, DID NOT REPORT THIS
ABUSE TO AUTHORITIES. THIS LAPSE
IN TIME, SOMETIMES MONTHS OR
YEARS CREATES A VERY DIFFICULT
PROSECUTION OF THE PERPETRATOR
DUE TO LOSS OF EVIDENCE AND
EXPOSES THE VULNERABLE CHILDHOOD
, A DANGEROUS SITUATION OF
BECOMING AN ONGOING VICTIM OF
PREVENTABLE PHYSICAL ABUSE OR
NEGLECT. IN THESE CASES,
REPORTERS ARE OFTEN AWARE OF
THEIR OBLIGATIONS, BUT BECAUSE
THERE IS A LITTLE OR NO
ENFORCEMENT, MANY ORGANIZATIONS
DEVELOP A SENSE OF PASSIVENESS.
THIS IS CONTRARY TO THE
IMPORTANT AND URGENT ROLE THAT
MANDATED REPORTS REPORTERS. PLAY
AND CAN LEAD VICTIMS WITHOUT A
VOICE. A B 22 74 SEEKS TO REMEDY
THIS BY MERELY EXTENDED THE
STATUTE OF LIMITATIONS.
INSURANCE MANDATED REPORTERS
TAKE THIS LEGAL RESPONSIBILITY
SERIOUSLY. A B 22 74 DOES NOT
INCREASE THE PENALTY OF THE
FAILURE TO REPORT CRIME. THE
BILL MERELY EXTENDS THE STATUE
OF LIMITATIONS TO ENSURE
MANDATED REPORTERS. TAKE THIS
RESPONSIBILITY SERIOUSLY, AND
ARE MOST VULNERABLE POPULATIONS
HAVE SOMEWHERE SOMEONE TO SPEAK
UP FOR THEM AND WHEN THEY
OTHERWISE MIGHT HAVE NOT. THIS
MEASURE HAS UNANIMOUS BIPARTISAN
SUPPORT IN OUR AMENDMENTS IN OUR
FIRST ASSEMBLY COMMITTEE REMOVED
OPPOSITION, SPEAKING IN SUPPORT
OF THIS MEASURE ON THE PHONE
WITH US TODAY IS STEPHEN
MARQUARD WITH THE SAN DIEGO
DISTRICT ATTORNEY'S OFFICE.
THANK YOU. YOU MAY BEGIN. GOOD
MORNING AND THANK YOU, SENATOR
BRADFORD AND MEMBERS OF THE
COMMITTEE. THANK YOU TO
ASSEMBLYMEMBER'S RUBIO FOR
AUTHORIZING THIS IMPORTANT
LEGISLATION DEPORTED FAMILIES
AND CHILDREN WHO ARE ABUSED
OUTSIDE OF THE HOME. I'M A
DEPUTY DISTRICT ATTORNEY IN SAN
DIEGO, AND I'VE SPENT A
SIGNIFICANT PORTION OF MY LEGAL
CAREER FOCUSED ON GIVING A VOICE
TO VICTIMS AND SURVIVORS OF
ABUSE. SPECIFICALLY THOSE WHO
HAVE SUFFERED DOMESTIC VIOLENCE
AND CHILDREN WHO HAVE SUFFERED
PHYSICAL AND SEXUAL ABUSE. SADLY
CHILDREN ARE PHYSICALLY AND
SEXUALLY ABUSED IN MANY ARENAS
OUTSIDE OF THE HOME. FOR THIS
REASON, WHY IDENTIFIED NEARLY 50
CLASSES OF INDIVIDUALS AS
MANDATED REPORTERS, THIS IS TO
ENSURE CHILDREN ARE SAFE IN
EVERY SETTING. WHEN APPARENTLY
THEIR CHILD AT SCHOOL OR SPORTS
LEAGUE OR DOCTOR'S OFFICE, OR AN
AFTER SCHOOL PROGRAM, THEY
SHOULD BE ABLE TO RELY ON THE
CAREGIVING ADULTS THAT THEY HAVE
ENTRUSTED THEIR CHILDREN TO PUT
THE INTERESTS OF THAT CHILD
FIRST. THAT MEANS WHEN MANDATED
, RECORDERS KNOW OF, OR
REASONABLY SUSPECT ABUSE, THEY
MUST REPORT IT TO THE PROPER
INVESTIGATIVE AGENCY. SO
RESOURCES AND SUPPORT CAN BE
GIVEN TO THAT CHILD AND FAMILY
AND SO THAT PROPER INVESTIGATION
CAN BE CONDUCTED. HOWEVER IT IS
MY FIRST HAND EXPERIENCE THAT
MANDATED REPORTERS COMMONLY
FAILED TO COMPLY WITH THEIR
OBLIGATIONS IN SCHOOLS AND IN
OTHER SCHOOL TYPE SETTINGS. THE
FAILURES OF A MANDATE REPORTERS
NOTIFYING AUTHORIZED AGENCY HAS
WIDE REACHING NEGATIVE EFFECT.
IT SUBJECTS THE ABUSE OR
SEVERELY NEGLECTED CHILDREN TO
SUFFER CONTINUED HARM. IT
EXPOSES ADDITIONAL CHILDREN TO
FUTURE HARM BY AN ABUSER WHO
COULD HAVE BEEN AND SHOULD HAVE
BEEN INVESTIGATED. THAT SHIELDS
THE ABUSER EMBOLDENS YNGVE USER
TO COMMIT ADDITIONAL HARM.
OPHELIA REPORT CONTRIBUTES TO A
GENERAL DISTRUST IN GOVERNMENT
AGENCIES AS A FAILURE TO REPORT
BY A MANDATED REPORTER RESULTS
IN A SYSTEM WIDE FAILURE TO
INTERVENE AND PROVIDE AID.
CHILDREN WHO ARE VICTIMS OF
ABUSE REGULARLY EXPERIENCE
SHAME, GUILT AND ISOLATION AND
GIVEN THEIR CHILDREN WHO SUFFER
ABUSE, COMMONLY THE LATEST
CLOSURE OF THEIR ABUSE. IT'S
IMPERATIVE THAT A MANDATED
REPORTER MAKE A REPORT SUSPECTED
ABUSE AS SOON AS POSSIBLE. VERY
OFTEN. IT'S MORE THAN A YEAR
BEFORE AN ABUSE VICTIM COMES
FORWARD WITH THEIR ALLEGATIONS.
IT IS OFTEN SEEN THAT IN THOSE
SITUATIONS A MANDATED REPORTER
WAS AWARE OF, OR REASONABLY
SUSPECTED THE ABUSE VERY EARLY
ON BUT DID NOTHING. AND BY THE
TIME THAT A CHILD COMES FORWARD
A YEAR OR MULTIPLE YEARS LATER,
THERE'S NOTHING THAT CAN BE DONE
TO HOLD THAT MANDATED REPORTER.
ACCOUNTABLE FOR THEIR FAILURE TO
PROTECT THE CHILD. CALIFORNIA
LEGISLATURE RECOGNIZE THAT CHILD
VICTIMS OF SEXUAL ABUSE
REGULARLY, THE LABOR REPORTING
AND IN 2000 AND 18, THE
LEGISLATURE, ACTIVE IN AMENDED
THE PENAL CODE TO EXTEND THE
STATUTE OF LIMITATIONS FOR
FAILURES BY MANDATE. REPORTERS
TO REPORT SUSPECTED SEXUAL
ABUSE. 25 YEARS. HOWEVER THE
SCHEDULE LIMITATION TODAY
REMAINS ONLY ONE YEAR FOR
INCIDENTS WHEN A CHILD IS
PHYSICALLY ABUSED OR SEVERELY
NEGLECTED. THIS VILLA DRESSES
THAT DISPARITY AND PROVIDES
INCREASED PROTECTION TO ALL
CHILDREN WHO ARE BEING ABUSED.
HIS BILL IS NARROWLY TAILORED
AND ONLY ADDRESSES, INSTANCES OF
PHYSICAL ABUSE AND SEVERE
NEGLECT, NOT GENERAL NEGLECT
ONLY SEVERE NEGLECT. THIS BILL
DOES NOT INCREASE PENALTIES. IT
DOES NOT CRIMINALIZE ANY ACT OR
FAILURE, NOT ALREADY CODIFIED.
IT SIMPLY GIVES GREATER
PROTECTION TO CHILDREN AND
ENSURES THOSE WHO ARE ALREADY
MANDATED TO PRIORITIZE CHILDREN
THAT THEY DO SO. THANK YOU VERY
MUCH, AND WE REQUEST FOR A
SUPPORT. THANK YOU. NOW WE BRING
IT BACK TO ROOM 1 12 OR THEIR
WITNESSES IN SUPPORT. MAYBE 20
TO 74 GO RIGHT AHEAD. MR
CHAIRMAN MEMBERS DAN PHYLLIS
AUTO ON BEHALF OF THE LOS
ANGELES COUNTY DISTRICT
ATTORNEY'S OFFICE AND SUPPORT
THANK YOU. KIM STONE STONE
ADVOCACY ON BEHALF OF THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION AND SUPPORT THANK
THANK YOU. ANYONE ELSE HERE IN
THE ROOM? 1 12. SEEN ON WILL GO
TO OUR PHONE LINES AND CHAPTERS
WITNESSES IN SUPPORT OF A B 22
74 MODERATOR. THANK YOU IF YOU
WISH TO SPEAK IN SUPPORT OF A B
22 74 PLEASE PRESS 10 AT THIS
TIME. I DO HAVE ONE LINE AND IT
WILL JUST BE ONE MOMENT. LINE.
29, PLEASE GO AHEAD. GOOD
MORNING. THIS IS MR AND MRS
WINGROVE. WE ARE. OUR DAUGHTER
WAS THE VICTIM OF THIS ISSUE.
AND WE'RE IN SUPPORT OF THIS.
BILL. WE FEEL THAT MANDATED
REPORTING LARGE YOUR NAME AND
YOUR ORGANIZATION, PLEASE. THANK
YOU. I HAVE NO FURTHER COMMENTS
IN QUÊ. THANK YOU. ALL RIGHT NOW
WE'RE GOING TO AFFORD THE
OPPOSITION'S CAME OPPORTUNITY.
IS THERE ANYONE HERE IN
OPPOSITION OF 22 74 ROOM. 1 12.
SAYING NO, NO. MODERATOR CAN WE
GO TO THE PHONE LINES SINCE YOU
HAVE THERE'S ANYONE WISHING TO
TESTIFY AND OPPOSITION THAT A B
22 74 THANK YOU IF YOU WISH TO
SPEAK IN OPPOSITION TO A B 22 74
PLEASE PRESS 10 AT THIS TIME. I
HAVE NO COMMENTS IN QUÊ. THANK
YOU. WE'LL BRING IT BACK TO THE
COMMITTEE AND YOUR QUESTIONS OR
CONCERNS REGARDING NAVY 22 74.
ALRIGHT. IT'S BEEN MOVED BY
SENATOR COBOL. WE HAVE A DO PASS
TO APPROPRIATIONS. REMEMBER
BLANK COULD ROUTE. RUBIO WOULD
YOU LIKE TO CLOSE? THANK YOU,
RESPECTIVELY. ASKED FOR AN I
VOTE. THANK YOU. COUNCIL POLICE
COLORADO. A B 22 74 BRADFORD
DIACO BOGUE. SHOW BOAKYE
KAMLAGER SKINNER, WIENER. WINNER
I MEASURE HAS THREE VOTES WILL
LEAVE THE ROLE OPEN. PERHAPS
SOME MEMBERS. THANK YOU.
ALRIGHT, WE'RE LACKING AUTHORS
WHO WILL HAVE TO WAIT.
WE ALREADY.
RIGHT?
GROWING UP.
SEND ME.
MCCARTHY, YOU MAY BEGIN WITH
FOLLOWING THEM. 13 27 78 THANK
YOU. MR CHAIR. AND THANKS FOR
WORKING WITH US ON THIS BILL,
THIS IS A CHANCE TO MAKE OUR
CRIMINAL JUSTICE SYSTEM MORE
UNCONSCIOUS WITH RELATED TO
RACIAL BIAS DECISIONS FOCUSING
ON THE INITIAL CHARGING PROCESS
. AND SO THIS WOULD HAVE PROJECT
BETWEEN OUR DEPARTMENT OF
JUSTICE. AND UM, OUR LOCAL DÍAS
THROUGHOUT CALIFORNIA BASED UPON
A MODEL, WHICH ALLOWS DISTRICT
ATTORNEYS TO FOCUS ON INITIAL
CHARGING WITHOUT INDIVIDUALS,
NAMES, BUT FOCUS TRULY ON WHAT
THE UNDERLYING CHARGES ARE
BEFORE THEM. WE HAVE US WITH.
THERE'S NO OPPOSITION. UM WE'VE
HAD GREAT SUPPORT FROM DISTRICT
ATTORNEYS AND ADVOCACY GROUPS
AND REFORM MINDED ORGANIZATIONS.
AND WITH ME TODAY IS OUR YOLO
COUNTY DISTRICT ATTORNEY AND THE
EXECUTIVE DIRECTOR OF STANFORD
POLICY LAB ON THIS TOPIC. THANK
YOU. SO YOU HAVE THE WITNESSES
IN PERSON. OKAY IT SAYS IN
PERSON OR IN PHONE, SO WE HAVE
JEFF RYZIK. IS THAT CORRECT? YES
SIR. GOOD MORNING. I'M JEFF RICE
EGG ON THE DISTRICT ATTORNEY OF
YOLO COUNTY. YOU HAVE THE
PRESIDENT OF THE GO AHEAD. AND
I'M, CURRENTLY THE PRESIDENT OF
THE CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION. THE
COURTS HAVE RECOGNIZED THAT THE
DECISION BY A PROSECUTOR TO
CHARGE SOMEONE WITH A CRIME IS A
CRITICAL STAGE THAT SIGNIFIES
THE FORMAL INITIATION OF
CRIMINAL PROCEEDINGS THAT ALSO
HAPPENS TO BE PERHAPS THE ONLY
PRACTICAL TIME IN A CRIMINAL
CASE WHERE DECISION TO CHARGE
SOMEBODY CAN BE MADE WITHOUT
KNOWING ANY INFORMATION ON THE
RACE OF THE INDIVIDUALS
INVOLVED. DUE TO THE FACT THAT
CHARGING DECISIONS BY
PROSECUTORS ARE TYPICALLY MADE
BASED ON WRITTEN POLICE REPORTS
AND THE ADVANCED TECHNOLOGY THAT
NOW ALLOWS EASY, REDACTION. WE
HAVE REACHED THE TIME IN
CALIFORNIA'S HISTORY WHERE LADY
DRESSED JUSTICE TRULY CAN BE
BLIND. 80 27 78 RECOGNIZES THESE
FACTS AND CREATES A PROCESS
OVERSEEN BY THE CALIFORNIA
DEPARTMENT OF JUSTICE. THAT WILL
INCORPORATE A RACE FLYING
CHARGING PROCESS ACROSS
CALIFORNIA. NOW I SUPPORT THIS
APPROACH BECAUSE IT EFFECTIVELY
ADDRESSES REAL CONCERNS ABOUT
THE EFFECT OF EXPLICIT OR
IMPLICIT BIAS. IN THE CRIMINAL
JUSTICE SYSTEM, AND IT IMPROVES
PUBLIC CONFIDENCE. AND YOLO
COUNTY. WE PARTNERED WITH THE
STANFORD COMPETITION POLICY LAB
AND MAY OF 2021 TO IMPLEMENT
SUCH AN APPROACH. IN SUMMARY. IT
HAS BEEN HIGHLY SUCCESSFUL. IT
HAS IT WAS CREATED WITH MODEST
RESOURCES AND OPEN CODE BY
STANFORD. THE DATA IS AVAILABLE
FOR RESEARCH. AND HE HAS
UNEQUIVOCALLY IMPROVED THE
PUBLIC'S CONFIDENCE IN OUR LOCAL
CRIMINAL JUSTICE SYSTEM. HERE IN
YOLO COUNTY. FOR ALL THOSE
REASONS I SUPPORT OF A B 27 78.
THANK YOU. THANK YOU. NOW WE'LL
MOVE TO JUSTIN RAZA. GOOD
EVENING, MISS ER. GOOD MORNING,
MR CHAIRMAN NOT ACTUALLY
AUTHORIZED TO GIVE TESTIMONY. I
WAS JUST GOING TO GIVE ME TO
JUSTIN ROUSER DEPUTY LEGISLATURA
, RECTOR FOR THE OFFICE OF
ATTORNEY GENERAL ROB BUNTIN
SUPPORT. THANK YOU. THANK YOU.
IN THE ADDITIONAL WITNESSES HERE
IN THE ROOM AND SUPPORT KIM
STONE STONE ADVOCACY ON BEHALF
OF THE CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION. WE HAVE A
SUPPORTIVE AMENDED POSITION JUST
AS TO MAKE SURE IT'S FULLY
FUNDED. THANK YOU SO MUCH. THANK
YOU. ANY ADDITIONAL WITNESSES.
HERRING AND TUNA IN HERE IN THE
ROOM WILL NOW GO TO THE PHONE
LINES OR THEIR WITNESSES IN
SUPPORT OF A B 27 78. THANK YOU
IF YOU WISH TO SPEAK IN SUPPORT
OF A B 27 78 PLEASE PRESS ONE
THAN ZERO AT THIS TIME. I DO
HAVE ONE MINING QUÊ. IT'LL JUST
BE ONE MOMENT FOR THAT LINE.
I HAVE TWO COMMENTS AND HE WAS
THE FIRST ONE FROM 9 42. PLEASE
GO AHEAD. GOOD MORNING, REBECCA
GONZALEZ WITH THE NATIONALISTS
ASSOCIATION OF SOCIAL WORKERS,
CALIFORNIA CHAPTER AND SUPPORT.
THANK YOU NEXT, 43. ADRIAN
MOHAMMED WITH LIGHTHOUSE PUBLIC
AFFAIRS ON BEHALF F THE BLACK
LEADERSHIP COUNCIL AND SUPPORT
THANK YOU, CHIEF. THANK YOU. I
HAVE NO FURTHER COMMENTS. THANK
YOU. ALL RIGHT NOW WE'LL MOVE TO
OPPOSITION. IS THERE ANYONE HERE
WISHING TO SPEAK IN OPPOSITION
TO A V 27 78? SHE NONE. LET'S
MOVE TO OUR PHONE LINES.
MODERATOR DO WE HAVE ANYONE
WISHING TO SPEAK IN OPPOSITION
OF 27 78? THANK YOU IF YOU WISH
TO SPEAK IN OPPOSITION TO A B 27
78 PLEASE PRESS 10 AT THIS TIME.
I HAVE NO COMMENTS IN QUÊ. THANK
YOU. ALL RIGHT. WE'LL BRING IT
BACK TO THE COMMITTEE AS YOUR
QUESTIONS OR CONCERNS AS A
RELATIONSHIP 27 78. HAS BEEN
MOVED BY SENATOR WIENER. MR
MCCARTHY, WOULD YOU LIKE TO
CLOSE? THANK YOU. THIS IS I
THINK AN INNOVATIVE APPROACH TO
BRING ABOUT MORE. UM EQUITY AND,
UH, AND FORWARD THINKING TO OUR
CRIMINAL JUSTICE SYSTEM WITH
SUPPORT FROM AGAIN OUR DISTRICT
ATTORNEYS ARE DEPARTMENT OF
JUSTICE AND REFORM ORGANIZATIONS
AND RESPECTFULLY ASK FOR YOUR
VOTE. AND WE HAVE TO DO PASTOR
APPROPRIATIONS COUNCIL. PLEASE
CALL THE ROLL ON A B 27 78. FIVE
PHOGUE SHOBOKSHI ICON
BLOGGERS SKINNER WIENER WIENER.
AYE. A MEASURE OF THREE VOTES
WILL LEAVE THE WORLD OPEN,
PERHAPS AND MEMBERS THANK YOU.
NEXT UP. WE HAVE YES,
ASSEMBLYMEMBER'S. BARACOA HAD
BAUER-KAHAN. YOU'RE PRESENTING,
ITEM 8 23 74. WHEN YOU'RE READY
, YOU MAY BEGIN. THANK YOU, MR
CHAIR AND MEMBERS TODAY I'M
PRESENTING 23 74, WHICH
STRENGTHENS THE FINES AGAINST
THOSE CAUGHT ILLEGALLY DUMPING
GARBAGE AND WASTE. AND PROVIDES
JUDGES FLEXIBILITY TO ADD
PENALTIES AGAINST THE
PERPETRATOR. THE BILL BUILDS
UPON PREVIOUS LEGISLATIVE
EFFORTS IN PARTNERSHIP WITH BOTH
ALAMEDA AND CONTRA COSTA
COUNTIES. IN 2019, WE AS A
LEGISLATURE PROVIDED FUNDING TO
BOTH COUNTIES. BUT THE
ESTABLISHMENT OF PILOT PROGRAMS
TO INCREASE ENFORCEMENT OF
ILLEGAL DUMPING LAWS. THESE
PROGRAMS HAVE BEEN INCREDIBLY
SUCCESSFUL, BUT CALIFORNIA IS
STILL LACKS ADEQUATE PENALTIES
TO DETER PEOPLE FROM THE HARMFUL
BEHAVIOR. ILLEGAL DUMPING IS A
SERIOUS OFFENSE THAT CONTRIBUTES
TO A LOSS OF COMMUNITY PRIDE
DISCOURAGES INVESTMENT AND
DEVELOPMENT, DECREASES PROPERTY
VALUES AND INCREASES THE
COMMUNITY'S VULNERABILITY TO
CRIME. THE GARBAGE ILLEGALLY
DUMPED POSES SIGNIFICANT HEALTH
AND ENVIRONMENTAL IMPACTS,
ESPECIALLY IN MARGINALIZED
COMMUNITIES AND SCRUPULOUS
HAULERS HAVE SIGNIFICANT MONEY
HAVE SAVED SAVING MONEY BY
ILLEGALLY DISPOSING OF DEBRIS.
WHILE TAXPAYERS ARE PICKING UP
THE TAB HANG INCREASINGLY
SIGNIFICANT COST TO CLEAN UP
TREMENDOUS AMOUNTS OF GARBAGE
DUMPED ON OUR CITY STREETS,
HIGHWAYS, PARKS AND IN OUR
WATERWAYS. IN 2021 ALONE,
CALTRANS SPENT APPROXIMATELY $1
MILLION TO CLEAN UP ILLEGALLY
DUMPED MATERIALS. THIS IS WHY A
B 23 74 INCREASES FINES FOR
INDIVIDUALS WHO EMPLOY MORE THAN
10 FULL TIME EMPLOYEES AND GIVES
JUDGES DISCRETION TO REQUIRE THE
CONVICTED INDIVIDUAL TO PAY FOR
THE REMOVAL OF THE ILLEGAL
DUMPING.MOREOVER IT REQUIRES
THE COURTS TO NOTIFY THE
APPLICABLE LICENSING OR
PERMANENT ENTITY WHEN A PERSON
HOLDS A LICENSE OR PERMIT
RELATED TO THE REMOVAL OF THE
GARBAGE AND WASTE AND THE
LICENSE ARE PERMITTING ENTITY
SHELL RECORD AND POST THE
OFFENSE ON THE WEBSITE IF
APPLICABLE. MAYBE 23 74
INCREASES TRANSPARENCY FOR
INDIVIDUALS WHO DO THE RIGHT
THING BY HIRING WHAT THEY BEAT
BELIEVED TO BE A PROFESSIONAL
HAULER, BUT END UP WITH SOMEONE
WHO ILLEGALLY DISPOSES OF WASTE.
WE MUST GIVE OUR COURTS THE
PROPER TOOLS TO COMBAT AND
PUNISH THESE BAD ACTORS WITH ME
TODAY AND SUPPORT OUR SUPERVISOR
BURGESS FROM CONTRA COSTA COUNTY
ON THE PHONE. MICHAEL JEUNET'S
KEY CHIEFLY OF LEGISLATION WITH
THE CONTRACTOR STATE LICENSING
BOARD HERE IN PERSON. WOULD THIS
ON PHONE WILL GIVE YOU TWO
MINUTES. THEREAFTER ARE. GOOD
MORNING. THIS IS SUPERVISOR
BURGERS. I JUST WANT TO MAKE
SURE I'M SUPPOSED TO BE SPEAKING
NOW. YOU'RE SURE GO RIGHT AHEAD
SUPERVISOR. OKAY. MY NAME IS
DIANE BURGESS. I'M ON THE BOARD
OF SUPERVISORS HERE IN CASH.
ACOSTA COUNTY. THE COUNTY HAS
SPENT THE LAST FIVE YEARS AND
EXTENSIVE RESOURCES TO FORMULATE
THE ILLEGAL DUMPING INITIATIVE,
WHICH IS A COLLABORATIVE
INTERDEPARTMENTAL PROGRAM TO
IMPLEMENT MULTIPLE STRATEGIES
FOCUSED ON EDUCATION PREVENTION
, CLEANUP AND ENFORCEMENT OF
ILLEGAL DUMPING. AND AS AS AS
ASSEMBLY MEMBER, BAUER-KAHAN
SAID THE IMPACTS OF ILLEGAL
DUMPING ARE WIDESPREAD, ARE VERY
EXPENSIVE AND HAD IMPACT ON ALL
KINDS OF DIFFERENT THINGS. AND
SO WHAT WE'RE TRYING TO DO IS
CREATE MORE TOOLS IN THE TOOLBOX
TO GO AFTER THOSE FOLKS. THAT
ARE NOT ONLY DOING THIS BUT ARE
ALSO FINANCIALLY BENEFITING FROM
THIS. SO IT'S 82 374 WITH TARGET
THOSE PENALTIES FOR ILLEGAL
DUMPING OF COMMERCIAL
QUANTITIES. SINCREASING THE
MAXIMUM MONETARY PENALTIES AND
AUTHORIZING THE QUESTION OR THE
CONVICTED PERSON TO REMOVE OR
PAY FOR THE REMOVAL OF THE
ILLEGAL DUMPING OF WASTE CHANGES
CAN PROVIDE MORE OPTIONS TO
PROSECUTORS AND JUDGES WHEN
IMPOSING PENALTIES AND VIOLATED
THERE'S SOME OF US SO MANY OF US
READING, TRYING TO GET THE SENSE
THAT I SO APPRECIATE YOUR
CONSIDERATION, AND I ALSO
APPRECIATE ASSEMBLYMEMBER'S
BAUER. BAUER-KAHAN TAKING THIS
ON FOR US. THANK YOU. NO WE'LL
MOVE TO OUR WITNESSES. PERSON
YOU HAVE TWO MINUTES. GOOD
MORNING CHAIR AND MEMBERS. MY
CHEMNITZ KEY FOR THE CONTRACTOR
STAY LICENSE SPORT. THE BOARD IS
IN SUPPORT OF A B 23 74, THE
ILLEGAL DUMPING OF CONSTRUCTION
AND OTHER DEBRIS CONTINUES TO BE
A PROBLEM IN CALIFORNIA. LAST
YEAR. C SLV DID SPONSOR A B 20
TO 46 BY SOMEBODY MEMBER QUIRK
TO PROMOTE OR TO PROVIDE CS WILL
BE THE AUTHORITY TO TAKE
DISCIPLINARY ACTION AGAINST THE
CONTRACTOR FOR ILLEGAL DUMPING.
THAT OF COURSE, IS ON THE
ADMINISTRATIVE SIDE OF THINGS.
THIS BILL ON THE CRIMINAL SIDE
WILL ENSURE THAT IN THE EVENT
THERE IS CONSTRUCTION DEBRIS
THAT IS CONNECTED TO THE
LICENSED BUSINESS, AND THEN THE
LICENSEE IS CONVICTED. OF THE
CRIME THAT THE CSL, WE LEARNED
THAT THE CONVICTION IS ABLE TO
PUBLICLY DISCLOSE THE MATTER ON
THE WEBSITE IS REQUIRED BY LAW.
FOR THESE REASONS, THE BOARD IS
IN SUPPORT AND RESPECTFULLY
REQUESTS YOUR I VOTE. THANK YOU.
QUÊ ANY ADDITIONAL WITNESSES
SUPPORT HERE IN ROOM 1 12. MR
CHAIRMAN MEMBERS DAN PHYLLIS
OTTO ON BEHALF THE LOS ANGELES
COUNTY DISTRICT ATTORNEY'S
OFFICE AND SUPPORT THANK YOU
NEXT WITNESS. MR CHAIR AND
MEMBERS ANDREAS RAMIREZ ON
BEHALF OF THE TRI VALLEY CITIES
OF DUBLIN, LIVERMORE, PLEASANT
AND DANVILLE AND SAN RAMON. AND
SUPPORT THANK YOU. KIM STONE
STONE ADVOCACY FOR THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION AND SUPPORT THANK
YOU. GOOD MORNING, MR CHAIR
MEMBERS. RUSSIA MATULA ON BEHALF
OF THE CALIFORNIA STATE
SHERIFF'S ASSOCIATION AND
SUPPORT THANK YOU. ALRIGHT GINO
HAD JUST SHOWN THIS YEAR IN
PERSON WILL GO TO OUR PHONE
LAUNCH MODERATORS OR ANY
WITNESSES WISHING TO TESTIFY IN
SUPPORT OF A B 23 74. THANK YOU
IF YOU WISH TO SPEAK IN SUPPORT
OF A B 23 74, PLEASE PRESS ONE,
THEN ZERO AT THIS TIME. I
CURRENTLY HAVE NO COMMENTS IN
CUBA. ALL RIGHT, THEN WE'LL MOVE
TO OPPOSITION. IS THERE ANYONE
HERE IN THE ROOM? 1 12 WISHING
TO TESTIFY AND OPPOSITION? OF 23
74. ALL RIGHT, NO ONE STAMPEDING
TO THE MICROPHONE SHOW. HERE WE
GO. WE'RE GOING TO GO TO OUR
PHONE LINES MODERATOR. ANYONE
WISHING TO JUSTIFY AN OPPOSITION
TO 23 74. THANK YOU IF YOU WISH
TO SPEAK IN OPPOSITION TO A B 23
74 PLEASE PRESS 10 AT THIS TIME.
I HAVE NO COMMENT. THANK YOU.
ALRIGHT. ALRIGHT. WELL, YOU WILL
BRING IT BACK TO THE COMMITTEE.
IS THERE ANY QUESTIONS ARE
CONCERNED AS IT RELATES, SHAVING
23 74. IT'S BEEN MOVED BY
SENATOR WIENER. WE HAVE A DO
PASS TO APPROPRIATIONS. SOME
MEMBER. WOULD YOU LIKE TO CLOSE
VOTE? OKAY COUNSEL. PLEASE CALL
THE ROLL AND FOLLOWING THEM A 23
74 23 74 BRADFORD LATROBE, OKAY.
TRE BOAKYE KAMLAGER SKINNER. I
WIENER ARRIVED. VOTES WILL LEAVE
THE WORLD OPEN. PERHAPS THAT
MEMBERS THANK YOU. NOW WE'RE TO
OUR LAST AUTHOR. I BELIEVE WE
HAVE TWO MEASURES. VOEPEL ITEM
THREE AND FOUR WILL START WITH
17 82. THANK YOU, MR CHAIR
MEMBERS. I PRESENT A B 17 82,
WHICH SEEKS TO ENSURE THAT
SUCCESS OF PEOPLE EXPERIENCING
INCARCERATION AS WELL AS REMOVED
, STIGMATIZED LABEL SOCIETY IS
PLACED ON INDIVIDUAL TO
EXPERIENCE. INCARCERATION.
CURRENTLY PROFITS FROM THE SALE
OF CANTEEN ITEMS OR MONEY
GENERATED FROM TELEPHONE
SERVICES ARE THE POSITIVE INTO
COUNTIES INMATE WELFARE FUNDS.
INMATE WELFARE FUNDS WERE
ORIGINALLY REQUIRED TO BE USED
SOLELY FOR REHABILITATIVE
PROGRAMS FOR PEOPLE EXPERIENCING
INCARCERATION, HOWEVER, IN 1993
BILL AMENDED THE STATUTE TO
ALLOW SHERIFF TO YOU I W F FOR
JAIL MAINTENANCE PERSONNEL
SALARIES AND BENEFITS AT THE
DEPARTMENT OF FINANCE WARNED IN
1993. THIS WAS THE FIRST STEP
TOWARDS REDUCING FUNDS FOR
INCARCERATED INDIVIDUALS AND
REHABILITATION. A RECENT YEARS
TO MANAGEMENT OF THE FUNDS HAVE
BEEN SUBJECT OF GRAND JURY
ENQUIRIES SHOWING EVIDENCE I WFS
HAVE BEEN USED INAPPROPRIATELY.
FOR INSTANCE, REPORTS LAST
SUMMER FOUND THE SACRAMENTO
COUNTY SHERIFF DEPARTMENT USED
THE FUNDS TO PAY FOR TRIPS TO A
LAKE TAHOE RESORT AND OTHER
FLIGHTS AND LODGING ASSOCIATED
WITH CONFERENCES. WHEN THE FUNDS
ARE INCREASINGLY SPENT TO
BENEFIT PERSONNEL, RATHER THAN
FOR THOSE WHO GENERATE THEM.
IT'S CLEAR THOSE FUNDS ARE USED
BEYOND THE SCOPE OF ITS ORIGINAL
INTENT AND AT THE EXPENSE OF
INCARCERATED INDIVIDUALS,
REHABILITATION AND RE ENTRY. BY
REQUIRING THE FUNDS TO BE SPENT
SOLELY NOT PRIMARILY FOR THE
BENEFIT EDUCATION AND WELFARE.
PEOPLE EXPERIENCING
INCARCERATION. A B 17 82 WEREN'T
SURE AND MORE SUCCESSFUL
REHABILITATION. RE ENTRY OF
INDIVIDUALS BACK INTO THEIR
COMMUNITIES. FURTHER WE MUST
RENAME THE COUNTY'S FUNDS AT THE
NAME WAS USED. THAT'S THE NAME
USED TERM INMATES IS OUTDATED,
BOTH OUTDATED AND DEHUMANIZING.
THOSE EXPERIENCING
INCARCERATION. CONSISTENT WITH
OUR BELIEF THAT INCARCERATION
DOES NOT DEFINE A PERSON WITH ME
TO SPEAK IN SUPPORT OF A B 17 82
IS YESENIA MIRRORS. YEMEN IS
POLICY ADVOCATE WITH GRACE. IN
CHILD POVERTY IN CALIFORNIA
CAMPAIGN YOU MAY BEGIN. GOOD
MORNING OR GOOD AFTERNOON CHAIR
AND MEMBERS OF THE COMMITTEE AS
MENTIONED. MY NAME IS YESENIA
HUMAN IS AND I'M A POLICY
ASSOCIATE
POVERTY IN CALIFORNIA, THE END
CHILD POVERTY. CALIFORNIA
COALITION CONSISTING OF 178
POVERTY FIGHTING ORGANIZATIONS
HAS CONTINUED TO STRENGTHEN A
GROWING COALITION OF ALLIES AND
ADVOCATES TO FIGHT FOR THE
RESOURCES AND STRATEGIES
RECOMMENDED BY THE GRAND
GROUNDBREAKING AND CHILD POVERTY
PLAN. ONE OF THE KEY POLICY
RECOMMENDATIONS FROM THE PLAN IS
TO THIS CREASE. THE DISRUPTIVE
CYCLES OF INCARCERATION KNOWN TO
PERPETUATE GENERATIONAL POVERTY
BY ENSURING PUBLIC INVESTMENTS
ARE AIMED AT PROVIDING
SUPPORTIV RESOURCES TO
VULNERABLE CHILDREN AND FAMILIES
IMPACTED BY THE INCARCERATE
SYSTEM. WE WANT TO THANK
CHAIRMAN JOHN SAWYER FOR
AUTHORING A B 17 82 AS THIS BILL
, RESHAPES OUR LANGUAGE ON HOW
WE ADDRESS PEOPLE WHO ARE
INCARCERATED AND ENSURES FUNDS
EXPENDED BY THE INCARCERATED
PEOPLE'S WELFARE FUNDS ARE
SOLELY FOR THE BENEFIT EDUCATION
AND WELFARE OF THOSE WHO ARE
INCARCERATED. INVOLVEMENT IN THE
CAR SURROUND SYSTEM, AS YOU
KNOW, IS KNOWN TO EXACERBATE AND
PRODUCE TRAUMA IN ORDER TO
SUPPORT INDIVIDUALS WHO ARE
CURRENTLY INCARCERATED. THERE
MUST BE PROGRAMMING AND AN
OPPORTUNITY FOR HEALTH AND
HEALING TO MITIGATE LONG TERM
DISPARITIES BEYOND
INCARCERATION. THIS IS
ESPECIALLY TRUE FOR INCARCERATED
MOTHERS AND GIRLS. AS A SYSTEM
IMPACTED PERSON. I WITNESSED AN
INCREDIBLE STRUGGLES. MY
FORMERLY INCARCERATED LOVED ONES
FACE JUST TO MAKE ENDS MEET AND
PROCESS THE TRAUMA OF
EXPERIENCING INCARCERATION. I
ALSO KNOW THAT REINTEGRATION AND
HEALING PROCESS FALLS HEAVILY ON
FAMILIES OFTEN FORCED TO FIGURE
OUT LIFE POST INCARCERATION.
THESE BARRIERS LEAD TO
GENERATIONAL POVERTY, AND WE
MUST IDENTIFY MEANINGFUL WAYS
INCARCERATED PEOPLE CAN SUPPORT
CAN BE SUPPORTED PRIOR TO
RELEASE SENATORS. CRIMINAL
HISTORY SHOULD NOT LEAD TO A
LIFE SENTENCE TO POVERTY AND
TRAUMA. WE BELIEVE THIS BILL
MOVES THE NEEDLE TOWARDS JUSTICE
AND PROVIDES AN OPPORTUNITY TO
FUND MORE MEANINGFUL PROGRAMS
AND OPPORTUNITIES FOR SELF
ADVANCEMENT WHILE A PERSON IS
INCARCERATED. THANK YOU SO MUCH
FOR YOUR TIME. ANY ADDITIONAL
WITNESSES AND SUPPORT HERE IN
THE ROOM. 1 12. GO RIGHT AHEAD.
GLENN BACCHUS FOR ELLA BAKER
CENTER FOR HUMAN RIGHTS IN
SUPPORT. THANK YOU. NEXT WITNESS
. I SUGGEST THIS GROUP AND
SUPPORT THANK YOU. WE WANT MORE
WITNESSES HERE AND SUPPORT IN
ROOM 1 12. 29 MODERATOR, LET'S
GO TO OUR PHONE LINES AND SEE IF
THERE'S WITNESSES WISHING TO
TESTIFY IN SUPPORT OF A B 17 82.
THEY GIVE YOUR SUPPORT OF A B 17
82 YOU MAY PRESS ONE AND THEN
ZERO. AGAIN THAT IS ONE AND THEN
ZERO, FEAR AND SUPPORT. WE WILL
GO TO LINE UP 42. YOUR LINE IS
OPEN. PLEASE GO AHEAD. REBECA
GONZALEZ WITH THE NATIONAL
ASSOCIATION OF SOCIAL WORKERS,
CALIFORNIA CHAPTER AND SUPPORT.
THANK YOU. THANK YOU. 20 YOUR
LINE IS OPEN. PLEASE GO AHEAD.
LESLIE CALDWELL, HOUSTON FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND SUPPORT. THANK
YOU. THANK YOU. THANK THANK YOU
, MR CHAIR. WE HAVE NO FURTHER
SUPPORTING QUÊ AT THE TIME. ALL
RIGHT. WE'LL GO TO OPPOSITION.
ARE THERE WITNESSES HERE IN
PERSON WISHING TO TESTIFY IN
OPPOSITION? I DON'T SEE COREY
SELVES. ILO. OKAY? NO ONE
IMPROVED. OKAY? GO RIGHT AHEAD.
GOOD MORNING, MR CHAIR MEMBERS,
RUSSIA MUCH LOWER ON BEHALF OF
THE CALIFORNIA STATE SHERIFF'S
ASSOCIATION IN A RESPECTFUL
OPPOSITION TO A B 17 82, AS MANY
OF YOU ALREADY KNOW, UNDER
EXISTING LAW, ANY PROFIT FROM
THE SALE OF JAIL COMMISSARY
ITEMS AND ANY FUNDS RECEIVED
FROM AN INMATE TELEPHONE
COMPANY. MUST BE DEPOSITED INTO
THE COUNTIES IN MID WELFARE FUND
AND THOSE FUNDS SHALL BE
EXPANDED, BUT THE SHARE OF
PRIMARILY FOR THE BENEFIT
EDUCATION AND WELFARE OF THE
INMATES CONFINED WITHIN THE
JAIL. AND THE LAW PROVIDES THAT
ANY FUNDS THAT ARE NOT NEEDED
FOR THE WELFARE OF THE INMATES
MAY BE EXPENDED FOR, AMONG OTHER
THINGS, THE SALARY AND BENEFIT
OF PERSONNEL USED IN THE
PROGRAMS TO BENEFIT THE INMATES
, INCLUDING BUT NOT LIMITED TO
EDUCATION. DRUG AND ALCOHOL
TREATMENT, WELFARE, LIBRARY,
ACCOUNTING AND OTHER PROGRAMS
DEEMED APPROPRIATE BY THE
SHERIFF BY WAY OF BACKGROUND. UM
THIS PROPOSED HANGE CANNOT BE
CONSIDERED IN A VACUUM. IT IS
IMPORTANT TO NOTE THAT
CALIFORNIA PUBLIC UTILITIES
COMMISSION RECENTLY KEPT INMATE
FUND RATES FOR INNER INTEREST
STATE CALLS AT A SEVEN CENTS PER
MINUTE. THIS CHANGE BUILT ON THE
ARBITRARY SELECTION OF A RATE
THAT HAS LITTLE TO DO WITH THE
REALITIES OF PROVIDING JAIL
INMATE COMMUNICATION SERVICES
STANDS TO DECIMATE INMATE
WELFARE FUNDS AROUND THE STATE.
UNDERSTANDING THAT THE INMATE
WELFARE FUND BALANCES HAVE AND
WILL CONTINUE TO DECREASE.
ELEVATING FLEXIBILITY WITHIN
THIS PROGRAM WILL NOT BENEFIT
INCARCERATED PERSONS. RATHER
ELIMINATING THE ABILITY OF THESE
FUNDS TO BE SPENT ON THINGS LIKE
SALARIES WILL MAKE IT MORE
DIFFICULT FOR JAILS TO PROVIDE
THESE PROGRAMS BECAUSE SOMEONE
MUST DELIVER THE PROGRAMS.
THAT'S WHAT WE EXPECT. IN
REHABILITATION. ANY CHANGES TO
THESE STATUTES SHOULD CONSIDER A
FULL ACCOUNTING OF THE FUND
CONDITIONS AND CONSIDERATION OF
PROVIDING STATE RESOURCES. TO
BACKFILL FUNDS THAT ARE NO
LONGER AVAILABLE OR NOT ALLOWED
TO BE USED FOR CERTAIN FUNCTIONS
. SO AGAIN, WE NEED TO CONSIDER
THIS AS A WHOLE. HOW IS THIS
GOING TO BE BACKFILLED IF WE
TAKE THESE FUNDS AWAY? SO THOSE
WHO ARE IN OUR CHARGE CAN BE
REHABILITATED PROPERLY AND AGAIN
. WE'RE WILLING TO HAVE THOSE
DISCUSSIONS AND BUT AS OF RIGHT
NOW, WE RESPECTFULLY OPPOSED.
THANK YOU. ANY ADDITIONAL
WITNESSES HERE AND AN OPPOSITION
ROOM 1 12 2. MAYBE 17 82. SEE
NONE. MODERATOR WILL GO TO OUR
PHONE LINES NOW AND SEEING IF
THERE'S WITNESSES WISHING TO
TESTIFY IN OPPOSITION TO 17 82.
GIVE YOU AN OPPOSITION OF A B 17
82 YOU MAY PRESS ONE AND THEN
ZERO. AGAIN THAT IS ONE AND THEN
ZERO FOR ANY OPPOSITION OF A B
17 82. AND WE DO HAVE ONE IN Q A
MOMENT WHERE WE GIVE THEIR LINE
NUMBER AGAIN. WE ARE IN
OPPOSITION OF A B 17 82. AND WE
WILL GO TO LINE 45. YOUR LINE IS
OPEN. PLANE 45 YOUR LINE IS
OPEN. I'M SORRY. WE ARE UNABLE
TO HEAR YOU. ALRIGHT MR CHAIR
WILL MOVE ON AND WE HAVE NO
FURTHER OPPOSITION. THANK YOU.
TRY TO GIVE THAT WITNESS ONE
MORE TIME. YES, LINE 45. 45 YEAR
LINE IS OPEN IF HE WOULD LIKE TO
STATE YOUR OPPOSITION. AND THERE
IS NO RESPONSE. I GUESS THAT'S
OKAY. WE'LL BRING IT BACK TO
COMMITTEE. ARE THERE ANY
QUESTIONS OR CONCERNS? SENATOR
SKINNER? I'LL MOVE THE BILL AND
WANT TO EXPRESS IT. LISTED GÓMEZ
555. WHICH WOULD HAVE REDUCED
THE COST OF PRODUCTS. NO. WELL,
I ITO MESSAGE SAID. THAT. THE
REASON THE GOVERNOR DIDN'T
SUPPORT REDUCING THE COST. ALLOW. ADDITIONAL FUNDS WOULD HURT.
THE REHABILITATIVE PROGRAM.
THERE'S NOTHING IN. WANTS THE
MONEY USED FOR THE TYPES OF USES
THAT ARE CITED. I THINK THIS IS
AN IMPORTANT BILL CLARIFY THAT.
IF THERE IS MONEY IN THAT. NOT
HERE. FINE. THE PROGRAM.
SORCERY. NO. STRONGLY SUPPORTED.
THANK YOU. THANK YOU. ANY
ADDITIONAL COMMENTS OR
QUESTIONS, SENATOR JOE BOOK. I
WOULD LIKE TO THE CHAIR GIVE AN
OPPORTUNITY FOR THE AUTHOR TO
ADDRESS THE CONCERNS OF THE
WITNESS IN OPPOSITION WITH
REGARDS TO UTILIZING THE FUNDS
THE EXTRA FUNDS TO PAY FOR THE,
UM PEOPLE. PRESENTING OR. UM I
BELIEVE IT'S PRESENTING THE
PROGRAMS IS THAT WHAT AM I TO
UNDERSTAND? COMMENTS, QUESTIONS
AND. AYE. MODERATOR AT THE CAR
PHONE LINES ARE STILL OPEN, SO I
HAVE A, UH, A FUNDAMENTAL UM,
DISAGREEMENT ON HOW THE FUNDS
SHOULD BE USED. UM THERE'S
REGULAR GENERAL FUND OBLIGATIONS
THAT THE DEPARTMENT OR
ORGANIZATION NEEDS TO USE COME
FROM LOCAL GOVERNMENT. A LOT OF
TIMES WE USE FEDERAL FUNDS OR
STATE FUNDS TO AUGMENT OUR
BUDGET. THESE ONES AREN'T TO
AUGMENT EXISTING POLICE BUDGET.
IT IS THERE BECAUSE ITS
SPECIFICALLY SUPPOSED TO GO TO
THE WELFARE OF INMATES NOT TO
ADD MORE STAFF TO AN EXISTING
LAW ENFORCEMENT GROUP. IN FACT,
THAT SHOULD BE DONE THROUGH THE
GENERAL FUND. AND NOT THROUGH
THE HARD EARNED MONEY THAT
THEY'RE PUTTING IN TELEPHONE
CALLS AND CANTEENS AND
COMMISSARIES. THAT MONEY IS
SUPPOSED TO COME DIRECTLY. I
MEAN DIRECTLY. DIRECTLY BACK TO
INMATES. AND SO I THINK THAT'S
WHERE KIND OF THE FUNDAMENTAL
DISAGREEMENT THAT THAT WE HAVE,
AND THEN YOU HAVE SOME SHERIFFS.
WHO BELIEVE THAT GOING TO LAKE
TAHOE IS A IS IT APPROPRIATE WAY
TO SPEND MONEY ON OFFICERS? UM
WHICH WE FUNDAMENTALLY DISAGREE
WITH, AND IN FACT IT HAPPENED IN
SACRAMENTO. AND THERE'S NO
GUARANTEE THAT THE FUTURE
SHERIFF FOR SACRAMENTO MAY NOT
MAY OR MAY NOT DO THE SAME
THING. SO WE NEED TO BE
COGNIZANT THAT THAT WE NEED TO
BE INTENTIONAL. TO MAKE SURE
THAT THOSE MONIES GO TO HELP
WITH REHABILITATION OF INMATES,
AND ANY ADDITIONAL STAFFING
SHOULD COME FROM THE GENERAL
FUND. I THINK THAT'S WHERE I WAS
TRYING TO FIGURE OUT THE
DIFFERENCE BECAUSE IT WAS MY
UNDERSTANDING BASED ON THE
WITNESSES AND OPPOSITION THAT
THE CONCERN WAS THAT THE THESE
FUNDS WOULD NOT BE AVAILABLE TO
SUPPORT THE STAFF THAT
IMPLEMENTS THE PROGRAMS FOR THE
INMATES. UM I DON'T AND I'M NOT
. AND I AND YOU CAN EDUCATE ME
ON THAT. BUT I AM ASSUMING THAT
THE PERSONNEL THAT, UM. I'M NOT
SURE THE CALIBER OR OR THE
BACKGROUND OF THE STAFF THAT
IMPLEMENTS OR TEACHES THE
PROGRAMS FOR THE PEOPLE OF THEIR
INCARCERATION. NOT SURE WHETHER
OR NOT THEY HAVE POLICE
BACKGROUND OR IF THEY'RE POLICE.
THEY'RE THEMSELVES OR LAW
ENFORCEMENT THEMSELVES, BUT I
JUST WHAT I UNDERSTOOD WAS THAT
THE CONCERN WAS THAT THE MONEY
WOULD NOT BE THERE FOR THE
TEACHERS FOR, SAY, THE TEACHERS
THAT ARE IMPLEMENTING THE
PROGRAMS. I'M JUST USING
TEACHERS AS A GENERAL. SKYLINE
BUT THE TEACHERS THAT ARE
IMPLEMENTING THE PROGRAMS A
REHABILITATION FOR THE
INCARCERATED. THAT'S WHAT I
UNDERSTOOD IN MY THAT I
MISUNDERSTAND. THAT'S THAT'S I
BELIEVE THAT'S WHAT THEIR BELIEF
IS. YES WHEN YOU LOOK AT THE
CALIFORNIA DEPARTMENT OF
CORRECTIONS REHABILITATION WE DO
NOT MAKE INMATES PAY FOR THE
REHABILITATION PART. IT'S OR THE
CORRECTION PART IT COMES FROM
THE GENERAL FUND IS WHAT WAS
WHAT WE'RE SAYING AND TO MAKE
THEM PAY FOR. THEIR OWN
REHABILITATION IS BY STAFFING
THAT SHOULD COME OUT OF THE
GENERAL FUND, OR IT SHOULD BE
ASKED FOR IN A BUDGETARY PUBLIC
SAFETY BUDGET IN THE ASSEMBLY.
MHM ADDITIONAL REHABILITATION
MONEY SHOULD BE ASKED FOR IN A
IN A BUDGET REQUEST, UM, WHICH I
WOULD SOLELY SUPPORT, UM, DOING
THAT, BUT IT SHOULD NOT COME
OUT. OF THE MONEY THAT WAS
GENERATED BY INMATES OR THEIR
FAMILIES AND THEIR AND THEIR
CHILDREN. SO FOR CLARIFICATION
PURPOSES. YOU'RE STATING THAT
THESE MONIES SHOULD BE USED
SPECIFICALLY FOR WHAT T TO
REHABILITATE. INMATES AND FOR
THE PROGRAMS THAT THEY HAVE
THERE, AND THAT GOES DIRECTLY TO
WHATEVER THAT FORM IS TO
INMATES. NOT FOR A LOT OF
SALARIES AND THINGS OF THAT
NATURE, SO NOT FOR THE STAFF
THERE TEACHING THOSE THOSE
REHABILITATION PROGRAMS. IT
COULD IF IT WENT DIRECTLY FOR
THAT, BUT IT'S NOT FORCE AND ITS
STAFF TO LAKE TAHOE WITH YOU ON
THAT. I ACTUALLY HAVE NO NO
QUORUM ON THAT END. I JUST WANT
TO MAKE SURE THAT WE'RE TRYING
TO FOCUS LIKE A LASER TO MAKE
SURE THAT THOSE MONIES GO
DIRECTLY TO INMATES, AND IT CAN
COME IN VARIOUS FORMS. BUT IT'S
DEFINITELY NOT THE ONE THAT OR
THE ABUSES ARE. OKAY. THANK YOU.
ORDER. MR CHAIR, SO I AM. MY
UNDERSTANDING IS THAT, UM. IN
OUR. FACILITIES OFTEN TIMES THE. THE WARDEN OR THE, UM YOU KNOW
THE CARCEL SETTING. WHEN LOOKING
FOR PROGRAMS CONTRACTS OUT WITH
VENDORS THAT COME IN AND TEACH
OR THAT COME IN AND OFFER. THE
VOCATIONAL TRAINING OR WHAT HAVE
YOU AND SO OFTEN TIMES, AT LEAST
IN THE FACILITIES THAT I HAVE
VISITED THERE, WORKING WITH
MAYBE NONPROFITS OR WITH OTHER
VENDORS THAT HAVE GONE THROUGH
SOME SORT OF PROCUREMENT
PROCESS. AND ARE IDENTIFIED AS
QUALIFIED. TO DO THAT. THAT KIND
OF WHATEVER THAT PARTICULAR
WORKER PROGRAMMING IS. SO IT'S
NOT NECESSARILY THE STAFF THAT
ARE IN THE FACILITY THAT ARE
ACTUALLY DOING THE TRAINING SO I
COULD BE WRONG, BUT I READ THE
BILL. T WHERE I INTERPRETED THE
BILL AS STATING THAT. THAT
PARTICULAR FACILITY COULD THEN
USE THESE DOLLARS TO MAYBE
HIGHER THAT PARTICULAR NONPROFIT
OR CONTRACT WITH A NONPROFIT OR
WITH A PROGRAM OR WITH A VENDOR
TO OFFER THE KINDS OF
REHABILITATIVE FOR VOCATIONAL
TRAINING PROGRAMS. THAT EITHER
FOLKS WERE INCARCERATED ONE OR
MAYBE THAT NEEDS TO HAVE IN
ORDER TO GET THEIR CREDITS OR
FINISHED THEIR TIME, ETCETERA
CORRECT, AND THAT'S MUCH MORE
INTENTIONAL. RIGHT AND SO THAT
THESE FUNDS WOULD BE USED FOR.
OKAY, SO THAT'S HOW I THAT'S HOW
I BOOK. SO IN OTHER WORDS, YOU
WANT TO MAKE SURE THAT THESE
FUNDS ARE IN YOUR OPINION THERE
BETTER UTILIZED WITH THIRD PARTY
PEOPLE COMING IN AND OFFERING
THE PROGRAMS VERSUS WITHIN HOUSE
PER SE. IT HAS BEEN A IT HAS NOT
NECESSARILY BEEN USED
APPROPRIATELY. FOR DIRECTLY AND
THAT'S WHY YOU USE OUTSIDE
VENDORS TO BE ABLE TO DO THAT,
BECAUSE THAT'S THEIR SOLE
INTENTION, WHETHER IT'S TEACHING
LEARNING A SKILL WHETHER IT'S
MENTAL HEALTH, WHETHER IT'S THE
WHATEVER NEEDS TO BE DONE IN
REHABILITATION. ALL OF THAT.
PROBABLY 99.99% OF THE TIME
NEEDS TO COME OUT FROM THE
OUTSIDE AND TO THE PRISON OR
INTO THE JAIL SYSTEM. PERFECT.
THANK YOU. RIGHT? ANY OTHER
QUESTIONS. SENATOR SKINNER. IT'S
BEEN MOVED BY SENATOR SKINNER.
WE HAVE A DO PASS. UH MR JONES?
SORRY. WOULD YOU LIKE TO CLOSE?
I RESPECTFULLY ASK FOR YOUR
VOTE. COUNCIL PLEASE CALL THE
ROLL ON A B 17 82. 17 82
BRADFORD BRADFORD IACOPO BOGUE.
STRABO GUY KAMLAGER KAMLAGER.
AYE SKINNER SKINNER I WIENER
WIENER. I 5 TO 05 VOTES. YOU'RE
OUT AND NEXT UP AS FALLOUT ON
FOUR A B 27 99. AGAIN THANK YOU
. CHAIR AND COMMITTEE MEMBERS. I
PRESENT A B 27 99. THAT BILL
WILL HELP PREVENT THE BIAS USE
OF CREATIVE EXPRESSION AT THE
EVIDENCE IN A TRIAL BY REQUIRING
COURTS TO THOROUGHLY EVALUATE
THE MERITS OF CREATIVE
EXPRESSION EVIDENCE IN A
PRETRIAL HEARING. CRAVE
EXPRESSION INCLUDES BUT IS NOT
LIMITED TO MUSIC, DANCE
PERFORMANCE AND VISUAL ART,
POETRY AND FILM IS THIS NEW LAW
ALLOWS COURTS TO EXCLUDE
EVIDENCE IF ITS VALUE TO THE
CASE IS LESS THAN ITS POTENTIAL
INFIGHTING EXPLICIT. OR IMPLICIT
BIAS AND PROCEEDINGS, CONFUSING
THE FACTS OF THE CASE OR
MISLEADING THE JURY.
ADDITIONALLY EXISTING LAW STATES
THAT EVIDENCE OF A PERSON'S
CHARACTER OR CHARACTER TRAIT
CANNOT BE ADMITTED THAT
EVIDENCE. OF CONDUCT IN A
SPECIFIC INCIDENT THAT BITE
DESPITE THESE PROTECTIONS, THERE
ARE STILL CASES WHERE CREATIVE
EXPRESSION IS USED IN CRIMINAL
TRIALS IN A MANNER THAT INCITES
BIAS, EVEN IN CASES WHERE
CREATIVE EXPRESSION ISN'T
ADMITTED AS EVIDENCE IS
DISCUSSION IN FRONT OF A JURY
CAN POISON THE WELL ALLOWING
BIAS AGAINST CERTAIN TYPES OF
CREATIVE EXPRESSION. THE PLAY A
ROLE IN THE CASE. THIS BILL
REQUIRED COURSE TO CONSIDER
CREATIVE EXPRESSION IN MISERABLE
UNLESS THE PROSECUTION CAN PROVE
IN A PRE TRIAL HEARING THAT
CREATIVE EXPRESSION IS DIRECTLY
RELEVANT TO THE CASE CONTAINS
INCRIMINATING INFORMATION WILL
NOT BE USED IN A WAY THAT
INJECTS BIAS INTO THE COURT
PURSUANT. MEMBERS DEFEND ITS
RIGHT TO A FAIR TRIAL IS CRUCIAL
TO THE INTEGRITY AND LEGITIMACY
OF OUR LEGAL SYSTEM. WE MUST
ENSURE THAT ANY EVIDENCE USED
AGAINST THE PARTY IS BOTH
CREDIBLE AND PERTINENT TO THE
CASE. JOINING ME TODAY TO
TESTIFY AND SUPPORT OVER THE
PHONE IS NATASHA MINSK ER,
REPRESENTING SMART JUSTICE,
CALIFORNIA AND HARD DO PILLAR OF
THE RECORDING INDUSTRY.
RESPECTFULLY ASK FOR YOUR VOTE.
YOU WILL START WITH MR MINISTER,
YOU HAVE TWO MINUTES FOR YOUR
TESTIMONY. THANK YOU, NATASHA
MINISKIRT ON BEHALF OF SMART
JUSTICE, CALIFORNIA IN SUPPORT A
B 2799 ADDRESSES THE GROWING
PROBLEM OF PROSECUTORS
INAPPROPRIATELY USING AN ARTIST
, CREATIVE EXPRESSION TO CONVICT
THEM OF A CRIME. FOR CENTURIES.
HUMANS HAVE SUNG SONGS AND TOLD
STORIES FROM THE PERSPECTIVE OF
PEOPLE WHO COMMITTED VIOLENT
ACTS. AND THE SO CALLED MURDER
BALLADS OF THE 16 HUNDREDS IN
ENGLAND, THE MODERN DAY NARCO
CORRIDO. WE'VE ALWAYS MADE ART
FROM STORIES OF VIOLENCE. WHEN
JOHNNY CASH SAYING I SHOT HIM
IN, AND RENO NO ONE TOOK THATAS
A LITERAL TRUTH AND CALLED THE
POLICE. BUT THAT'S EXACTLY
WHAT'S HAPPENING NOW TO BLACK
AND LATINO ARTISTS IN
CALIFORNIA. UNDER CURRENT LAW,
PROSECUTORS ARE ALLOWED TO USE
RAP LYRICS, VIDEOS. AND OTHER
FORMS OF CREATIVE EXPRESSION IN
A CRIMINAL CASE, EVEN WHEN IT'S
ABSOLUTELY CLEAR THAT THIS
MATERIAL IS FICTION. THIS IS
DONE IN AN EFFORT TO SHOW THAT A
PERSON HAS A PROPENSITY TO
COMMIT VIOLENT ACTS. AND
THEREFORE THE HERE HE GOES, THEY
COMMITTED THE CRIME ACTUALLY
CHARGE PROSECUTORS IN CALIFORNIA
ARE EVEN TRAINED TO SEARCH OUT
RAP LYRICS AND SIMILAR MATERIALS
TO USE IN CERTAIN KINDS OF
CASES. THIS HAPPENS EXCLUSIVELY
TO BLACK AND LATINO MEN WHO ARE
ACCUSED OF CRIMES. AS DISCUSSED
IN THE COMMITTEE ANALYSIS.
SUBSTANTIAL BODY OF RESEARCH
SHOWS A REAL RISK OF UNFAIR
PREJUDICE WHEN CREATIVE
EXPRESSION OF INTRODUCED INTO
EVIDENCE THIS IS PARTICULARLY
TRUE WITH LAST RAP LYRICS.
RESEARCHERS FOUND THAT WHEN YOU
GIVE LYRICS TO SUBJECTS AND TELL
THEM IT'S COUNTRY MUSIC, THEY
RESPOND VERY DIFFERENTLY WHEN
THEY'RE TOLD THE EXACT SAME
WORDS, A RAP MUSIC THIS RESEARCH
SHOWS THAT THE CURRENT USE OF
RAP LYRICS AND TRIALS APPEALS TO
RACIAL STEREOTYPES AND INFECTS
CRIMINAL CASES WITH RACIAL BIAS.
82 799 GIVES JUDGES NEEDED
GUIDANCE FOR EVALUATING WHETHER
CREATIVE EXPRESSION SHOULD BE
ADMITTED AT TRIAL. IT PROVIDES A
FRAMEWORK TO ENSURE THAT
CREATIVE EXPRESSION WILL NOT BE
USED. INTRODUCE STEREOTYPES OR
ACTIVATE RACIAL BIAS NOR USED AS
CHARACTER OR PROPENSITY
EVIDENCE. THE BILL REQUIRES THE
COURT TO CONSIDER RESEARCH,
PARTICULARLY RESEARCH SHOWING
THE IMPACT OF RACIAL BIAS IN
CASES. IT REQUIRES THE COURT TO
MAKE THESE DETERMINATIONS BEFORE
TRIAL AND OUTSIDE THE PRESENCE
OF THE JURY. IT STILL WAS
DRAFTED WITH TECHNICAL
ASSISTANCE FROM JUDICIAL COUNCIL
TO ENSURE THAT IT PROVIDES A
WORKABLE AND EFFECTIVE FRAMEWORK
FOR JUDGES. A B 2799 IS A
CRITICAL BILL TO MAINTAIN
FAIRNESS AND DUE PROCESS. AND
ENSURE THAT CRIMINAL TRIALS ARE
NOT TAINTED WITH RACIAL BIAS AND
STEREOTYPES. WE REQUEST AN AYE
VOTE. THANK YOU. NOW WE'LL MOVE
TO MR DO POLAR. THE COMMITTEE.
MY NAME IS TODD NUCLEAR. I AM
THE ACTING CHEAP ADVOCACY AND
PUBLIC POLICY OFFICER FOR THE
RECORDING ACADEMY AND BEST KNOWN
FOR THE GRAMMY AWARDS. THE
RECORDING ACADEMY IS THE LEADING
ORGANIZATION FOR MUSIC CREATORS
REPRESENTING THOUSANDS OF
SONGWRITERS, PERFORMERS,
MUSICIANS, PRODUCERS AND
ENGINEERS, INCLUDING CLOSE TO
7000 MEMBERS ACROSS THE STATE OF
CALIFORNIA. I'M PLEASED TO SPEAK
WITH YOU TODAY AND SUPPORT OF A
B 99 DECRIMINALIZING ARTISTIC
EXPRESSION ACT MUSIC IS A MAJOR
ECONOMIC AND CULTURAL ENGINE IN
CALIFORNIA THAT SUPPORTS MORE
THAN 430,000 JOBS AND
CONTRIBUTES 40 BILLIONS OF THE
STATE'S GDP. AND THAT'S JUST
MUSIC. WHEN YOU BROUGHT INTO THE
TOTAL CREATIVE ECONOMY, IT
SUPPORTS 3.9 MILLION JOBS AND
HAS A DIRECT IMPACT OF NEARLY
$360 BILLION ON THE STATE GDP.
GIVEN THE IMPORTANCE OF THE
CREATIVE ECONOMY TO THE STATE.
IT'S CRITICAL THAT CALIFORNIA
CONTINUED TO BE AN INCUBATOR AND
BASTION FOR FREE EXPRESSION,
MUSIC, LITERATURE, FILM AND
OTHER WORKS OF CREATIVE
EXPRESSION SHOULD BE PROTECTED
BY THE FIRST AMENDMENT. HOWEVER
WE KNOW THAT CREATIVE WORKS ARE
USED IN COURT AS EVIDENCE
AGAINST THE ARTIST WHO CREATED
THEM, OFTEN IN AN ATTEMPT TO
DISPARAGE OR IMPLEMENT CHARACTER
OF THE INDIVIDUAL ARTISTS. NO
MATTER THE MUSICAL GENRE,
WHETHER ROCK OR PUNK OR COUNTRY
OR HIP HOP AND NO MATTER THE
MEDIUM BY THEIR MUSIC, FILM,
TELEVISION OR BOOKS EVERY AND
ANY ARTISTS SHOULD BE ABLE TO
EXPRESS THEMSELVES FREELY
WITHOUT FEAR OF REPRISAL FROM
THE JUSTICE SYSTEM. SIMPLY
BECAUSE OF THE CONTENT OF THEIR
ART, OR BECAUSE OF BIASES HELD
AGAINST THEIR ART FORM. IF LEFT
UNCHECKED AND ADDRESS THIS
PRACTICE WILL CREATE A CHILLING
EFFECT ON ALL FORMS OF ARTISTIC
EXPRESSION AND CRIPPLED THE
CROWN JEWEL OF CALIFORNIA'S
ECONOMY. A B 27 99 IS A MODEST
AND COMMON SENSE. STILL THAT
SIMPLY RAISES THE STANDARD FOR
THE ADMISSIBILITY OF CREATIVE
WORK IN COURT. PROTECTS ARTISTS
OF ALL KINDS FROM JURY BIAS. BY
PASSING A B 27 99, CALIFORNIA
WILL NOT ONLY TAKE AN IMPORTANT
STEP IN PROTECTING THE CREATIVE
COMMUNITY WILL ONCE AGAIN LEAD
BY EXAMPLE AND SET THE STANDARD
FOR THE REST OF THE NATION.
THANK YOU FOR YOUR CONSIDERATION
AND SUPPORT OF THIS BILL. THANK
YOU. NOW WE'LL BRING IT BACK TO
ROOM 1 12 OR THEIR WITNESSES AND
SUPPORT OF A B 27 99. GOOD
MORNING. GLENN BACK IS FOR THE
L. A BAKER CENTER FOR HUMAN
RIGHTS IN SUPPORT. THANK YOU.
ANY ADDITIONAL WITNESSES HERE IN
ROOM 1 12. SEE NONE. MODERATOR
WILL GO TO OUR PHONE LINES NOW,
SEEING IF THERE'S WITNESSES IN
SUPPORT OF A B 27 99
THANKSGIVING AND SUPPORT OF A B
27 99. YOU MAY PRESS ONE AND
THEN ZERO. AGAIN THAT IS ONE AND
THEN ZERO, FEAR AND SUPPORT. WE
WILL GO TO LINE 20 YEAR LINE IS
OPEN. LESLIE CALDWELL, HOUSTON
FOR THE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION. AND
SUPPORT THANK YOU. THANK YOU.
NEXT LINE, 33. YOUR LINE IS
OPEN. GENERAL PEACE ON BEHALF OF
ALL THE ARTISTS INSIDE. WE
ALREADY COVERED THERAPY PROGRAM
PROGRAM PROGRAM AND A LOT OF
INCARCERATED ARTIST AND I'M HERE
IN TRANSPORT. THANK YOU. NICE TO
GO TO LINE 45. YOUR LINE IS
OPEN. GOD LEVEL ON BEHALF OF THE
STEVENS ORGANIZATION IN STRONG
SUPPORT. THANK YOU, AND WE HAVE
NO FURTHER SUPPORTING QUÊ AT
THIS TIME. RIGHT WE'LL BRING IT
BACK TO THE COMMITTEE. ARE THERE
ANY QUESTIONS OR CONCERNS ON A B
27 99? DINNER, CALM WATER. UM.
THANK YOU, ASSEMBLYMEMBER'S AND
AT THE APPROPRIATE TIME. I'D
LIKE TO MOVE THE BILL. I THINK
THAT THIS IS A REALLY GOOD FIRST
STEP. I JUST WANT TO SHARE. YOU
KNOW, THIS IS A WORD TO THE
UNWISE. UM IF YOU ARE GOING TO
COMMIT A CRIME, AND YOU DON'T
WANT TO GET CAUGHT, PLEASE DON'T
RAP ABOUT IT. PLEASE DON'T POST
IT. UM BECAUSE, YOU KNOW, UH, IF
THIS WILL DOES PASS AND I HOPE
THAT IT DOES. YOU KNOW, FOLKS
RUN THE RISK OF HAVING BLIND
FORCE MINT DECIDE THAT NOW THEY
ARE RAP EXPERTS. YOU KNOW, MY
ONE FEAR IS THAT THIS WILL
CREATE A COTTAGE INDUSTRY OF
FOLKS WHO REALLY ARE NOT EXPERT.
IN RAP CULTURE AND RAP LIFE
SHOWING UP WITH THE PROSECUTION
BASED ON THE ONE CLASS THAT THEY
TOOK, OR A COUPLE OF YOUTUBE
VIDEOS THAT THEY WATCHED AND
THEN DECIDED THAT THEY WERE AN
EXPERT IN THIS SPACE, SO I HOPE
YOU'RE ALSO WORKING WITH YOUR
SPONSORS TO FIGURE OUT HOW TO
KEEP THAT COTTAGE INDUSTRY. FROM
BALLOONING. UM I DON'T BELIEVE
THAT WE WILL EVER GET BIAS
COMPLETELY OUT OF THE COURTROOM
, BUT I CERTAINLY DO BELIEVE
THAT IT IS IMPORTANT TO HAVE
THIS HAPPEN WITHOUT A JURY IN A
PRETRIAL SETTING SO THAT YOU CAN
ELIMINATE AS MUCH OF IT AS
POSSIBLE. THE REALITY IS YOU
KNOW, RAPPERS AND RAP CULTURE.
UM, IS. DIRECTLY TIED TO EGO AND
BRAVADO AND HYPERBOLE. AND JUST
BECAUSE YOU LEAN INTO THAT
DOESN'T MEAN THAT THAT IS WHO
YOU ARE, AND WE HAVE TO DO A
BETTER JOB. OF HELPING FOLKS
MAKE THOSE CRITICAL
DIFFERENTIATIONS WHEN YOU FIND
YOURSELF IN A COURTROOM IN FRONT
OF A JUDGE AND A JURY WHERE THAT
IS ALL THEY HAVE TO LEAN ON AND
WE SPEND SO MUCH TIME TALKING
ABOUT. YOU KNOW HOW SOMEONE
LOOKS HOW THEY TALK, THE CLOTHES
THEY KIND OF WEAR AND ALL OF THE
ASSUMPTIONS THAT ARE MADE
BECAUSE OF IT. PART OF IT IS
ALSO ABOUT THE MUSIC AND THE
LYRICS AND THE BRAVADO THAT
COMES WITH THIS CULTURE. SO I
THINK THIS IS IMPORTANT. I THINK
RAISING THE THRESHOLD IS
IMPORTANT. AND I THINK WORKING
TO SORT OF GET RID OF THE
CONTAMINANTS THAT YOU TALKED
ABOUT, UM, IS ALSO REALLY KEY.
SO UM, THANK YOU FOR BRINGING
THIS FORWARD. I APPRECIATE IT
VERY MUCH, AND IT WILL BE A
SUPPORTING IT AT THE APPROPRIATE
TIME. ANY ADDITIONAL COMMENTS.
CONCERNS BY MEMBERS. ENERGY NO,
MR JONES. SO YOU WOULD LIKE TO
CLOSE THANK YOU AND EXPECT THE
LAST THREE. I VOTE. CARE WHAT
THIS TO DO PENANCE
RECOMMENDATION. UM COUNSEL.
PLEASE CALL THE ROLL AND
FOLLOWING THEM FOR A B 27 99.
BRADFORD REDFORD I TROW BOGUE.
ROBO GUY KAMLAGER. KAMLAGER AYE
SKINNER WIENER. WIENER? AYE. THE
MEASURE HAS FIVE VOTES TO TOUT.
THANK YOU FOR YOUR PRESENTATION.
THANK YOU VERY MUCH. CHAIR AND
COMMITTEE. MEMBERS THAT
CONCLUDES OUR AGENDA NOW WILL
LOOK TO CALL ON THOSE
OUTSTANDING. ITEMS. UM YOU MAY
DOUBLE CHECK. I THINK YOU ARE.
YES, YOU'RE GOOD. THANK YOU,
SENATOR WIENER. WILL LIVE TO
CALL. ALL RIGHT, UH, A B 15 98
DAVIES DO PASS THE VOTE IS 4 TO
0 PROBLEM LAGER. KAMLAGER I 5 TO
0. MEASURES OUT 5 TO 0. NEXT
ITEM. 16 80 TO DO PASS. THE VOTE
IS 3 TO 0 KAMLAGER. KAMLAGER
AYE, SKINNER. I, ER I 5 TO 0.
CHOOSE OUT 5 TO 0. ITEM FIVE A.
B 1974 CHEN THE VOTE IS 3 TO 0
KAMLAGER. KAMLAGER AYE SKINNER
SKINNER. I 5 TO 0. 1974 IS ABOUT
50. A B 21 69 GIBSON THE VOTE IS
3 TO 0. UM KAMLAGER. COME LIKE
OR I SKINNER I 5 TO 0 THAT
MEASURES OUT 5 TO 0 21 69. A B
22 74. THE VOTE IS 3 TO 0
KAMLAGER. KAMLAGER AYE SKINNER.
ER I 5 TO 0. MAYBE 74 IS ABOUT
50. ÁP 23 74 THE VOTERS 4 TO 0
KAMLAGER. KAMLAGER I 50. THE
CONSENT CALENDAR. THE VOTE IS 3
TO 0 KAMLAGER COME BY GRACE
SKINNER SKINNER. AYE. EVENT
CALENDAR JOB, 50. A B 22 78
MCCARTY. UM THE VOTE IS 3 TO 0
KAMLAGER. 2027 78 SORRY. UM
KAMLAGER? AYE, SKINNER. SKINNER
I 50 AND THEN OUR VOTE ONLY A B
17 44 LEVINE. THE VOTE IS 2 TO 0
WITH THE CHAIR ABSTAINING
KAMLAGER. FROM LIKE, OR NOT
VOTING SKINNER SKINNER. I VOTED
3203 TO 0. THAT'S IT. THAT
CONCLUDES IT. SO I WANT TO THANK
YOU FOR ALL THE INDIVIDUALS WHO
PARTICIPATED IN THE PUBLIC
TESTIMONY TODAY. IF YOU ARE NOT
ABLE TO TESTIFY TODAY, PLEASE
SUBMIT YOUR COMMENTS AND
SUGGESTIONS IN WRITING TO THE
SENATE PUBLIC SAFETY COMMITTEE
OR VISIT OUR WEBSITE. YOUR
COMMENTS AND SUGGESTIONS ARE
IMPORTANT TO US. AND WE WANT TO
INCLUDE YOUR TESTIMONY AND
OFFICIAL HEARING RECORDS. THANK
YOU. THANK YOU. AND WE
APPRECIATE YOUR PARTICIPATION.
THANK YOU TO EVERYONE FOR YOUR
PATIENCE AND COOPERATION. WE
HAVE CONCLUDED TODAY'S AGENDA OF
THE SENATE. PUBLIC SAFETY
COMMITTEE WITHSTAND ADJOURN.