THE SENATE COMMITTEE ON PUBLIC
SAFETY WILL COME TO ORDER- WE
WILL BE STARTING AS A SUB
COMMITTEE- SO I DO JUST WANT TO
SAY GOOD MORNING- THE SENATE
CONTINUES TO WELCOME THE PUBLIC
IN PERSON AND VIA TELECONFERENCE
ARTISTS FOR INDIVIDUALS WISHING
TO PROVIDE PUBLIC COMMENT
TODAY'S PARTICIPANT NUMBER IS
EIGHT SEVEN SEVEN. TWO TWO SIX
EIGHT ONE SIX THREE AND THE
ACCESS CODE IS SIXTY NINE FORTY
EIGHT NINETY THREE ZERO WE ARE
HOLDING OUR COMMITTEE HEARINGS
HERE IN ROOM TWENTY TWO HUNDRED
IN THE- STREET BUILDING I ASK
ALL MEMBERS OF THE COMMITTEE TO
BE PRESENT IN ROOM TWENTY TWO
HUNDRED SO WE CAN ESTABLISH OUR
QUORUM IN BEGIN OR HEARING. WE
HAVE NINETEEN BILLS ON TODAY'S
AGENDA FOR OUR ON CONSENT BEFORE
WE HEAR PRESENTATIONS ON THE
BILL'S WE'RE GONNA HAVE TO
ESTABLISH A QUORUM BUT WE ARE
WORKING BEGIN ANYWAYS AS A SUB
COMMITTEE- SO I DO JUST WANT TO
SAY- WE ARE GOING TO ASK FOR OUR
FIRST PRESENTATION OF SB NINETY
FOUR BY SENATOR CORTESE- SENATOR
YOU HAVE THE FLOOR.
THANK YOU MA'AM SURE SURE AND-
IN SENATORS I'M PLEASED TO
PRESENT SB NINETY FOUR SPONSORED
BY THE- BACON CENTER IN A
RECIDIVISM COALITION THE
CALIFORNIA COALITION FOR WOMEN
PRISONERS AND OTHERS. SB NINETY
FOUR WOULD ALLOW JUDGES THE
ABILITY TO REVIEW DEATH PENALTY
OR LIFE WITHOUT PAROLE
SENTENCES. FOR INDIVIDUALS WHO
HAVE SERVED AT LEAST TWENTY
YEARS OF THEIR SONS AND WE'RE
CENTS FOR OFFENSES WITH SPECIAL
CIRCUMSTANCES COMMITTED BEFORE
JUNE FIFTH NINETEEN NINETY.
THESE CASES REPRESENT A VERY
NARROW POPULATION THAT CONSISTS
OF THE MOST ELDERLY INDIVIDUALS
BEHIND BARS. MANY OF THESE
INDIVIDUALS HAVE SHOWN DECADES
OF EXEMPLARY BEHAVIOUR
PARTICIPATED IN EXTENSIVE
POSITIVE PROGRAMMING IN HAVE
DEVOTED THEMSELVES TO BECOMING
POSITIVE MEMBERS OF SOCIETY
ADDITIONALLY RESEARCH SHOWS THAT
ELDERLY INDIVIDUALS TYPICALLY DO
NOT RE OFFENDED DO NOT END UP.
BACK BEHIND BARS FOR INDIVIDUALS
PREVIOUSLY SENTENCED TO LIFE
WITHOUT PAROLE WHO WERE GRANTED
A COMPUTATION AND RELEASED. THE
RECIDIVISM RECIDIVISM RATE IS
ACTUALLY 00% TO QUOTE ROBERT
WEISBERG CO DIRECTOR OF THE
STANFORD CRIMINAL JUSTICE CENTER
IF I MAY. THERE AREN'T A LOT OF
SEVENTY TWO YEAR OLD LINEBACKERS
IN THE NFL THERE AREN'T A LOT OF
SEVENTY TWO YEAR OLD VIOLENT
CRIMINALS BECAUSE PEOPLE H. OUT.
WEISBERG IS ALSO NOTED THAT BY
FAR THE MOST EXPENSIVE PRISONERS
TO KEEP HIM PRISONER THE OLDEST
ONES BECAUSE THE HEALTHCARE
COSTS IT COSTS ABOUT A HUNDRED
SIX THOUSAND DOLLARS PER YEAR.
TO KEEP THE AVERAGE PERSON IN
PRISON BUT OLDER INMATES COST
TWO TO THREE TIMES THAT AMOUNT.
ALSO LET ME BE CLEAR. THIS BILL
DOES NOT AUTOMATICALLY LEAD
PEOPLE OUT OF PRISON IT DOES NOT
GUARANTEE RESENTENCING IT IS
NOT. A GET OUT OF JAIL FREE
CARD. THE BILL SIMPLY CREATES A
PROCESS FOR THE JUDICIAL REVIEW
OF CASES THAT HAVE NOT BEEN
LOOKED AT IN DECADES. AGAIN THE
BILL SIMPLY CREATES A PROCESS
FOR THE JUDICIAL REVIEW OF CASES
THAT HAVE NOT BEEN LOOKED AT IN
DECADES. IF WE BELIEVE WE HAVE A
REHABILITATIVE SYSTEM. I THINK
THE QUESTION IS WHY WOULDN'T WE
GO BACK. AFTER MULTIPLE DECADES
AND SEE OF ANY ACTUAL
REHABILITATION. HAS OCCURRED AND
WHY WOULD WE TRUST A JUDGE A TO
MAKE THAT ASSESSMENT. UNDER SB
NINETY FOUR COURTS COULD
CONSIDER ALL CASES IN LIGHT OF
CHANGES IN LAW AND APPLY THE LAW
MORE FAIRLY. JUDGES WOULD HAVE
THE DISCRETION. TO LEAVE THE
CENTS UNCHANGED OR RECENTS
PERSON BECOME ELIGIBLE FOR
PAROLE. THIS IS A CRUCIAL BILL.
WHEN YOU CONSIDER THAT THE
LEGISLATURE HAS ENACTED SEVERAL
REFORMS IN RECENT YEARS THAT
RESTORE. JUDICIAL DISCRETION.
ONE SUCH REFORMS ALLOWING JUDGES
TO CONSIDER MITIGATING FACTORS
SUCH AS WHETHER THE PERSON WAS A
VICTIM OF INTIMATE PARTNER
VIOLENCE OR HUMAN TRAFFICKING OR
HAD EXPERIENCE CHILD TRAUMA.
EXPLOITATION OR SEXUAL ABUSE. AS
A RESULT OF THOSE OF THESE
CHANGES PEOPLE WHO RECEIVED
EXTREME SENTENCES DECADES AGO
WOULD NOT BE SINCE THE SAME WAY
TODAY. WE WANT TO EXTEND THOSE
RIGHTS THAT CONSIDERATION- TO.
THE DEFENDANTS RECEIVED TODAY TO
ALDERLEY INMATES WHO DIDN'T
HAVE. THE OPPORTUNITY. TO ASSERT
THOSE RIGHTS FOR THOSE
CONSIDERATIONS WHEN THEY WERE
SENSE DECADES AGO. WITH US TODAY
IS JUDGE HARLEM GROSSMAN THE
CALIFORNIA TEACHERS ASSOCIATION-
UNDERSTAND HE WILL BE OUR FIRST
LEAD WITNESS. ENSURE LAMAR WITH
THE CALIFORNIA COALITION FOR
WOMEN PRISONERS AGAIN BOTH HERE
TO SPEAK IN SUPPORT. THANK YOU
IN AT THE APPROPRIATE TIME ALL
RESPECTFULLY ASK FOR YOUR AYE
VOTE. THANK YOU. I NOW LET'S
HEAR FROM THE LEAD WITNESSES
PLEASE COME TO THAT MIKE AND
STATE YOUR NAME ORGANIZATION AND
YOUR TESTIMONY. MY NAME IS GOOD
. GOOD MORNING I'M HARLEM
GROSSMAN I'M RETIRED JUDGE FROM
CONTRA COSTA COUNTY ADDICT MAKE
ONE CORRECTION I'M NOT HERE AS A
MEMBER OF CJ. ON BEHALF OF CJ I
DON'T SPEAK WITH CJ AND- I
RETIRED ELEVEN YEARS AGO AFTER
TWENTY ONE YEARS OF JUDICIAL
SERVICE I WAS A PROSECUTOR FOR
NINE YEARS BEFORE BECOMING A
JUDGE AND A- SPECIAL AGENT OF
THE FBI FOR SIX AND A HALF YEARS
BEFORE THAT. SINCE RETIRING I'VE
BEEN ACTIVE IN CRIMINAL JUSTICE
POLICY ADVOCATES THE- I'M HERE
THIS MORNING TO URGE. THE
COMMITTEE TO VOTE IN FAVOR OF
THE SENATE BILL NINETY FOUR.
THIS BILL CREATES A PROCESS FOR
JUDGES TO RECONSIDER EL WATAN
DEATH SENTENCE CASES. WHERE THE
CRIME OCCURRED PRIOR TO JUNE
FIFTH NINETEEN NINETY AND THE
DEFENDANT TO SERVE A MINIMUM OF
TWENTY YEARS IN CUSTODY FOR THE
CRIME. HELLO UP WENT INTO EFFECT
IN CALIFORNIA IN NINETEEN
SEVENTY EIGHT. AS PART OF THE
BRIGGS INITIATIVE. WAS ENACTED
IN CONJUNCTION WITH CALIFORNIA'S
REINSTATEMENT OF THE DEATH
PENALTY. L. WALK IS BASICALLY A
LOCK THEM UP AND THROW AWAY THE
KEY APPROACH TO SENTENCING. L.
WOPS ENACTMENT MARKS THE
BEGINNING OF THE TOUGH ON CRIME
ERA WHERE. OVER THE YEARS
LEGISLATORS AND BALLOT
INITIATIVES OUT DID THEMSELVES.
IN PROLIFERATING TOUGHER AND
STRICTER SENTENCING LAWS.
CALIFORNIA'S TOUGH ON CRIME
APPROACH IS LED TO MASS
INCARCERATION PRISON
OVERCROWDING. AND THE
WAREHOUSING OF PRISONERS IT IS
EXACERBATED THE DISPARATE
TREATMENT OF PEOPLE OF COLOR.
AND THEIR OVER REPRESENTATION IN
CUSTODIAL POPULATIONS. SINCE
NINETEEN NINETY FOUR THERE BEEN
MANY TRUE REFORMS. THAT HAVE
EVIDENCE MORE IN LINE APPROACH
TO CRIMINAL JUSTICE. THESE
INCLUDE THE DRUG COURT MOVEMENT
THE RESTORATIVE JUSTICE MOVEMENT
AND THE RECOGNITION OF YOUTHFUL
OFFENDER STATUS. THESE REFORMS
GIVE MEANING TO DR MARTIN LUTHER
KING JUNIOR'S QUOTE THE ARC OF
THE MORAL UNIVERSE IS LONG BUT
IT BENDS TOWARD JUSTICE. HOWEVER
THE ARC IS NOT BENT ENOUGH. THE
ART NEEDS TO BE DONE TO INCLUDE
THOSE SENTENCED TO L. UP AND-
SENATE BILL NINETY FOUR IS A
STEP IN THE RIGHT DIRECTION. THE
BILL OFFERS SUCH PRISONERS A
CHANCE FOR REDEMPTION SENATE
BILL NINETY FOUR FORCE ALL THE
PARTIES THE DEFENDANT THE
PEOPLE. THOSE ENACTED BY THE
CRIME DUE PROCESS. AGAIN I URGE
THIS COMMITTEE TO VOTE TO
ENACTED SENATE BILL NINETY FOUR
THANK YOU. THANK YOU DO YOU HAVE
ANY OTHER LEAD WITNESSES. THANK
YOU STATE YOUR NAME. YOUR
ORGANIZATION AND YOUR TESTIMONY
THANK YOU MY NAME IS CHERYL
MARK. EXCUSE ME AND I AM LOOKING
FOR C. C. W. P. AFTER BEING
COMMITTED BY GOVERNOR NEWSOM AND
I CAME HOME DECEMBER TWENTY
TWENTY. AFTER SERVING THIRTY
FOUR YEARS OF A DOUBLE L. Y.
SINCE. DECADES OF SELF MOTIVATED
RIVER REHABILITATION ALLOWED ME
TO UNDERSTAND MY- CHILDHOOD
IMPACT ON MY LIFE FOR EXAMPLE
BEING ABANDONED BY MY MOTHER AND
ONE MONTH OLD. SB MOLESTED BY A
FAMILY MEMBERS BY THE AGE OF
NINE AND SO I TOOK FULL
RESPONSIBILITY FOR MY HEALING.
HAD I STILL BEEN INSIDE TODAY I
WOULD BE ELIGIBLE FOR SB NINETY
FOUR SHOULD IT PASS. SB NINETY
FOUR IS A GOOD CHOICE HE SAID-
WOULD BE RESTARTED JIM JUDICIAL
DISCRETION ALLOWED IN JUDGES TO
REVIEW CASES. AND- THEY WERE
OPPOSE LIKE IN NINETEEN SEVENTY
EIGHTIES THIS BILL DOES NOT
GUARANTEE A GET OUT OF JAIL FREE
PASS. A BIRD ALLOWED THE JUDGE
TO DECIDE THE ELIGIBILITY.
REALIZING THAT THERE'S NO PAROLE
OPTION AVAILABLE FOR ME I STILL
EXHIBITED DECADES OF RESENT
REYES PARK BEHAVIOR PARTICIPATED
IN SELF MOTIVATING SELF HELP
PROGRAMMING WORKING TO
UNDERSTAND THE ROOT CAUSE OF MY
BEHAVIOR. TO BE A TRULY
ACCOUNTABLE FOR MY ACTIONS. IT
CHANGED AND TRANSFORMED ME. AND
I DEVOTED MYSELF TO BECOME A
POSITIVE MEMBER OF THE COMMUNITY
INSIDE THE JUSTICE SYSTEM. MY
FRIENDS TOLD ME THAT I HAD NO
HOPE OR CHANCE. YET I MAINTAIN
HOPE. SOCIETY HAD WRITTEN ME OFF
AS WORST OF THE WORST YET I HAVE
PROVEN THAT IT IS POSSIBLE TO
REENTER SOCIETY AND BECOME A
PRODUCTIVE MEMBER. DEDICATED TO
GIVING BACK. AFTER SPENDING MY
ENTIRE ADULT LIFE GOOD INSIDE I
KNOW THERE ARE SO MANY ELDERLY
L. WHAT PEOPLE INDEFINITELY
PEOPLE THAT ARE DOING POSITIVE
PROGRAMS ARE TOO SICK TO EVEN
WORK. THEY DESERVE A SECOND LOOK
. SB NINETY FOUR WOULD BE
BENEFICIAL FOR THE PUBLIC HEALTH
AND SAFETY IN OUR BUDGET. I URGE
YOU TO TAKE THIS. INTO
CONSIDERATION AND PASS THIS
BILL. THANK YOU FOR YOUR TIME.
THANK YOU. NOW LET'S HEAR FROM
OTHER SUPPORT WHEN THIS IS HERE
IN ROOM TWENTY TWO HUNDRED- I
WANT TO BE VERY CLEAR THAT JUST
STATE YOUR NAME YOUR
ORGANIZATION AND WHETHER OR NOT
YOU SUPPORT WE HAVE NINETEEN
BILLS WERE GONNA ASK THAT
EVERYBODY MOVES OUT QUICKLY ON
THIS. THANK YOU YEAH TASHA
MINSKER SMART JUSTICE CALIFORNIA
AND THE PROSECUTORS ALLIANCE OF
CALIFORNIANS STRONG SUPPORT
THANK. LESLIE CALDWELL HOUSTON
FOR THE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION AND
SUPPORT. JOANNE SHARE ON BEHALF
OF FELONY MURDER ELIMINATION
PROJECT IN STRONG SUPPORT. GOOD
MORNING GOING BACK ISRAEL BAKER
CENTER FOR HUMAN RIGHTS FOR
EFFICIENCY RATHER HAVE PEOPLE
CALL AND I HAVE A SHORT LIST OF
GROUPS THAT WOULD LIKE TO BE- IN
SUPPORT- SANTA CRUZ BARRIOS THE
NEEDLES. INDIVISIBLE CALIFORNIA
STAY STRONG AMERICAN FRIENDS
SERVICE COMMITTEE FOR FAMILIES
OVER EVERYTHING ELSE COMMUNITIES
UNITED FOR RESTORATIVE YOUTH
JUSTICE. THE EMPOWERING PACIFIC
ISLANDER COMMUNITIES SHOWING UP
FOR RACIAL JUSTICE BAY AREA AND
SOLITARY SANTA CRUZ COUNTY
SHOWING UP FOR RACIAL JUSTICE AT
SACRED HEART CALIFORNIA NATIVE
VOTE PROJECT. THE TRANSFORMATIVE
IN PROJECT WORK GROUP IN PRISON
WORK GROUPS USE ME AND LAWYERS
COMMITTEE FOR CIVIL RIGHTS THANK
YOU THANK YOU- DANIEL SHAWFIELD
ON BEHALF OF FELONY MURDER
LENITION PROJECTS ALONG WITH-
REDUCING SUPPORT ALONG WITH
CENTER FOR EMPLOYMENT
OPPORTUNITIES. ON COMMON LAW TWO
CARS VERY SACRAMENTO STARTING
OVER CALIFORNIA COALITION FOR
WOMEN PRISONERS HUMAN RIGHTS
WATCH NATIONAL HARM REDUCTION
COALITION YOUNG WOMEN'S FREEDOM
CENTER FAMILIES EDITS AND LYFT
UP ROLE OR FUEL THE DROP I LOVE
COLISTIN AND JESSIE'S PLACE.
THANK THANK YOU. WELL ANY CAM
SERVICES GO PUBLIC DEFENDER'S
OFFICE IN SUPPORT. KELLY SAVAGE
RODRIGUEZ I WORK FOR CALIFORNIA
COALITION FOR WOMEN PRISONERS
AND THE NATIONAL L. UP- FOR A
LEADERSHIP COUNCIL I'M A FORMER
A LOT AND I APPRECIATE YOUR GUYS
THIS TIME I ALSO WANT TO- ADD
SOME NAMES THAT CALIFORNIA'S
SAFETY AND JUSTICE- DRUG POLICY
ALLIANCE CALIFORNIA ALLIANCE FOR
YOUTH AND COMMUNITY JUSTICE.
CENTER FOR JUVENILE AND CRIMINAL
JUSTICE WHITE PEOPLE FOR BLACK
LIVES ON UCLA- YOU SEE. SORRY
ACLU CALIFORNIA ACTION- INITIATE
JUSTICE HOLY CROSS. USE LUTHERAN
CHURCH IN LIVERMORE- ON NATIONAL
HARM REDUCTION COALITION AND
BENT THE ARC THANK YOU. DANIEL
ANTS MAN ON BEHALF OF PFAM IN
STRONG SUPPORT- ALONG WITH
ORGANIZATIONS THAT HAVE ASKED ME
TO REGISTER SUPPORT. INDIVISIBLE
CALIFORNIA STATE STRONG LEGAL
SERVICES FOR PRISONERS WITH
CHILDREN ASIAN PRISONER SUPPORT
COMMITTEE RESTORE OAKLAND INK.
TRANSITIONS CLINIC NETWORK SAN
FRANCISCO PUBLIC DEFENDER'S
OFFICE FAIR CHANCE PROJECT
CALIFORNIA FAMILIES IN SOLITARY
CONFINEMENT RUTIN REBOUND FRENCH
COMMITTEE ON LEGISLATION OF
CALIFORNIA THANK YOU. HI MY NAME
IS ERIN CATHERINE MCCALL AND I
AM HERE IN STRONG SUPPORT FOR
UNDERGROUND SCHOLARS INITIATIVE
AT UC BERKELEY THANK YOU. HI MY
NAME'S ELIZABETH BROWN AND I AM
HERE IN STRONG SUPPORT WITH-
UNDERGROUND SCHOLARS INITIATIVE
FOR UC BERKELEY. GOOD MORNING IN
A DRAMATIST COMBI HALF OF THE
CALIFORNIA IMMIGRANT POLICY
CENTER AND SUPPORT. GOOD MORNING
APRIL GRAYSON SYSTEM WHERE
FREEDOM COALITION POLICY
ASSOCIATE PROUD CO SPONSOR IN
STRONG SUPPORT. GOOD MORNING AT
THE DIMARTINO CALIFORNIANS FOR
SAFETY AND JUSTICE IN STRONG
SUPPORT. MICHAEL GARCIA UNDER
CROSS CALLING SHOULD HAVE A
STRONG SUPPORT. JARED HARPER
FRIENDS THAT WORK IN STRONG
SUPPORT. THANK YOU ARE THERE ANY
OTHER SUPPORT WITNESSES HERE IN
THIS ROOM. SEEING NONE. I WILL
NOW MOVE ON TO WITNESSES IN
OPPOSITION IN THIS ROOM. PLEASE
JUST STATE YOUR NAME. YOUR
ORGANIZATION AND YOUR TESTIMONY
. TWO MINUTES. GOOD MORNING I'M
JASON ANDERSON THE DISTRICT
ATTORNEY FOR THE COUNTY SANTA DO
YOU KNOW I'M HERE TO EXPRESS MY
OPPOSITION TO SB NINETY FOUR. OR
THREE FOUNDATIONS OF OUR
CRIMINAL JUSTICE SYSTEM NOTICE
SEPARATION OF POWERS AND FIND
ALITY NOTICE TELLS US WHAT THE
CONSEQUENCES ARE FOR ILLEGAL
CONDUCT INCLUDING MURDERS WHO
EXHIBIT PARTICULAR EVIL TO THE
SPECIAL CIRCUMSTANCE PUNISHMENT
ATTACHED TO THAT CRIMINAL
CONDUCT. SEPARATION OF POWERS
PROVIDES FOR A JURY SYSTEM IT'S
ONE OF THE MOST UNIQUE AND
PUREST FORMS OF DEMOCRACY THAT
WE HAVE. WHILE THE ACE DECIDED
SEEKING THE DEATH PENALTY OR A
WALK ONLY A JURY CAN DECIDE
GUILT AND RECOMMENDED DEATH FOR
L. WHAT SENTENCE EVEN AFTER ONE
OF THOSE SENTENCES HAS BEEN
DETERMINED BY A JURY SPECIAL
CIRCUMSTANCES CASES UNDERGO
EXTRAORDINARY APPELLATE SCRUTINY
FOR DECADES. FINALLY ALLOWS
VICTIMS' FAMILIES TO RELY UPON
THE JURY SYSTEM IN THE APPELLATE
REVIEW IN ORDER TO HAVE SOME
SENSE OF JUSTICE AND CLOSURE IN
THE CASE AS DOES MARSY'S LAW. SB
NINETY FOUR UNDERMINES ALL THREE
FOUNDATIONS OF OUR CRIMINAL
JUSTICE SYSTEM SB NINETY FOUR
DOES NOT PROPAGATE JUSTICE IT
ACTUALLY DISPENSES IT IGNORES
IT. KEVIN COOPER A CASE ASSEMBLY
NO COUNTY WAS FLEEING A CHARGE
OF RAPING A YOUNG WOMAN AT
KNIFEPOINT. WHEN HE MURDERED
DOUG AND PEGGY RYEN THEIR YOUNG
DAUGHTER JESSICA. A NEIGHBOR
CHRISTOPHER HUGHES WHO WAS
ENJOYING A SLEEPOVER AT THE
HOUSE AND HE ALSO TRIED TO
MURDER. YOUNG JOSH RYAN. EVEN
GOVERNOR NEWSOM'S INNOCENCE
INVESTIGATION INTO KEVIN COOPER
DECLARED THE COOPER STILL IS
CONCLUSIVE AND EXHAUSTIVE. HE
SAID NEVER ADMITTED WHAT HE DID
HOW COULD HE BE REHABILITATED
UNDER SB NINETY FOUR. SB NINETY
FOUR COULD GRANT KEVIN COOPER
RELIEF. RYAN MINSI TORTURED AND
MURDERED A FIVE YEAR OLD SON AND
HIS THEN GIRLFRIEND. SOME OF THE
VICTIMS INJURIES INCLUDED THE
SHARING OF THE BOYS TISSUE AFTER
MISSY FORCED TO BOARD. INTO THE
BOY'S BUTTOCKS. SB NINETY FOUR
COULD GRANT MITZI BELIEF. SB
NINETY FOUR SHOULD NEVER MAKE IT
OUT OF THIS COMMITTEE. THANK
YOU. THANK YOU DO WE HAVE ANY
OTHER LEAD OPPOSITION WITNESSES.
TWO MINUTES ONLY THANK YOU.
THANK YOU COMMITTEE CHAIR AND
MEMBERS MY NAME IS LINDA
THOMPSON AND I LOST MY SISTER IN
JANUARY MY SISTER SHARON IN
JANUARY OF NINETEEN SEVENTY NINE
. SHARON WAS MOVING OUT OF THE
DUPLEX SHE SHARED WITH THREE
OTHER GIRLS NEW YEAR'S DAY. NEW
YEAR'S EVE SOMEONE ENTERED HER
HOME TIED AND BOUND SHARON UP.
RAPED AND SODOMIZED HER AND THEN
SLIT HER THROAT. SHE WAS TWENTY
YEARS OLD. THE TORTURE AND
TERROR SHE FELT AND ENDURED IS
UNIMAGINABLE. I WITNESSED THE
CRIME SCENE AND HAVE HAD
REOCCURRING NIGHTMARE SINCE. WE
WAITED TWENTY THREE LONG YEARS
FOR JUSTICE. AUTHORITIES HAD
FINALLY CAUGHT UP WITH SHARON'S
KILLER IN TWO THOUSAND TWO AFTER
DNA EVIDENCE LINKED HIM. TO HER
MURDER. HE WAS AT THAT TIME IN
CUSTODY FOR ANOTHER MURDER. AT
THE TIME MY SISTER'S CASE WENT
TO COURT I AGREED WITH THE PLEA
BARGAIN AS HE WAS SENTENCED TO
LIFE WITHOUT POSSIBILITY OF
PAROLE. THIRTY YEARS AFTER
SHARON WAS TAKEN FROM US. WE
WAITED SO LONG. OUR DEAR MOM
PASSED AWAY TWO MONTHS BEFORE WE
WERE TOLD THAT THE ARREST. SB
NINETY FOUR WOULD CHANGE WHAT I
BELIEVED AND HAVE TAKEN COMFORT
IN ALL THESE YEARS. THAT MY
SISTER'S MURDERER WOULD NEVER BE
RELEASED FROM PRISON. SB NINETY
FOUR CHANGES THE GOAL POSTS IN
AN UNJUST MANNER. A CONVICTED OF
SPECIAL CIRCUMSTANCE MURDER. ARE
THE WORST OF THE WORST LIKE THE
PERSON WHO KILLED SHARON. MY
SISTER DESERVED TO LIVE HER
LIFE. SHE DID NOT GET A SECOND
CHANCE. THANK YOU. OKAY BEFORE
WE MOVE ON TO ANY OTHER
OPPOSITION WITNESSES- CAN WE
CALL FOR LOCAL. AHA HERE I'M
HERE TO ABOUT- BRADFORD. SKINNER
WINNER. OR THE WINNER HERE. A
QUORUM HAS BEEN ESTABLISHED- NOW
WE WILL HEAR FROM OPPOSITION-
PLEASE STATE YOUR NAME YOUR
ORGANIZATION AND THAT WHETHER OR
NOT YOU'RE A SUPPORTER POSE IN
THIS FACT- OPPOSE. AND WE'RE
GONNA MOVE QUICKLY THROUGH THIS
THANK YOU. GOOD MORNING I'M
MANAGER PERSON UP MY NAME IS
MATTHEW RECCO IN STRONG
OPPOSITION ON BEHALF OF THE SAN
DIEGO DEPUTY DISTRICT ATTORNEY'S
ASSOCIATION AS WELL AS THE
SEASON BEGINS AGAINST CRIME
THANK YOU. GOOD MORNING MY NAME
IS CHAN HO I'M THE LIKE TO
DISTRICT ATTORNEY FOR SACRAMENTO
COUNTY I'M ALSO HERE ON BEHALF
OF MORGAN GUY WHO'S THE ELECTED
DISTRICT ATTORNEY OF PLASTER
COUNTY. AND WE ARE IN OPPOSITION
TO SB NINETY FOUR THANK YOU.
GOOD MORNING I BELIEVE IT'S
PATRICK MANAGING DEPUTY DISTRICT
ATTORNEY FROM RIVERSIDE COUNTY
I'M HERE REPRESENTING THE
CALIFORNIA DISTRICT ATTORNEYS
ASSOCIATION. AS WELL AS THE
RIVERSIDE COUNTY DISTRICT
ATTORNEY'S OFFICE IN STRONG
OPPOSITION THANK YOU. GOOD
MORNING RANDY PERRY WITH ERIN
REED ASSOCIATES ON BEHALF OF
PORAC AND THE CALIFORNIA
ASSOCIATION HARPER TROLL IN
OPPOSITION THANK YOU. GOOD
MORNING MADAM CHAIR MEMBERS
MATTHEW SO I REALLY ON BEHALF OF
THE ASSOCIATION FOR LOS ANGELES
DEPUTY SHERIFFS IN OPPOSITION
THANK YOU. THANK YOU. MORE
MANAGER MEMBERS RYAN SHERMAN
WITH THE RIVERSIDE SHERIFF'S
ASSOCIATION ALSO IN OPPOSITION
AS WELL AS THE POLICE OFFICER
ASSOCIATIONS. CLAREMONT CORONA
HOMEOWNER. TELLS THIRTIES
NEWPORT BEACH. UPLAND SANTA ANA
BURBANK MARIA ARCADIA RIVERSIDE
FULLERTON CULVER CITY. TO BE
SURE ASSOCIATION MONTEREY COUNTY
IN PLASTER COUNTY. AND LOS
ANGELES SCHOOL POLICE ALL
OPPOSITION TO THE BILL THANK YOU
. THANK YOU SAYING NO OTHER
OPPOSITION WITNESSES- HERE IN
THIS ROOM- WE WILL MOVE ON TO
WITNESSES. TO TESTIFY VIA
TELECONFERENCE SERVICE PLEASE
JUST STATE YOUR NAME
ORGANIZATION AND POSITION
MODERATOR FEW PLEASE PROMPT
INDIVIDUALS WAITING TO TESTIFY
IN SUPPORT OR OPPOSITION- WE
WILL BEGIN. OKAY IF YOU'D LIKE
TO SPEAK IN SUPPORT OR
OPPOSITION OF THIS BILL PLEASE
PRESS ONE AND ZERO WHAT'S THE
LINE NUMBER FOURTEEN. MORNING
PERFECT- GONZALEZ WITH THE
NATIONAL ASSOCIATION OF SOCIAL
WORKERS CALIFORNIA TRAFFICKER IN
STRONG SUPPORT OF THE- THANK
YOUR NEXT ABOUT FLYING TWENTY
FOUR. GOOD MORNING JIM WOOD
BURKE ON BEHALF OF THE FRIEND
COMMITTEE ON LEGISLATION OF
CALIFORNIA AND ALSO ON BEHALF OF
THE CALIFORNIA CATHOLIC
CONFERENCE IN STRONG SUPPORT
THANK YOU. ALTHOUGH NATIONALIZED
. TWENTY THREE. GOOD MORNING
SHIRVAN EZANI WITH INITIATE
JUSTICE ACTION IN STRONG SUPPORT
. WE'LL GO NEXT JULY NUMBER
NINETEEN. GOOD MORNING I AM
GETTING PASSED CALLING ON BEHALF
OF SAN DIEGO COUNTY DISTRICT
ATTORNEY SUMMER FONG WE ARE IN
STRONG OPPOSITION THANK YOU.
WE'LL GO NEXT TO LINE NUMBER
EIGHT. YES MY NAME IS CAMERA
ALEXANDER. AND I AM CALLING ON
BEHALF OF MY HUSBAND FORMER NFL
DEFENSIVE BACK HUNDRED ALEXANDER
IN MEMORY OF HIS MOTHER EBARA
SISTER DATA INTO YOUNG NEPHEWS
DAMON AND THE MONEY FOR MURDERED
EXECUTION STYLE EARLY MORNING
HOURS AUGUST THIRTY FIRST IN
NINETEEN EIGHTY FOUR. ORDER FOR
HIGHER THAN IT GONE VERY BADLY-
MAYBE SEVENTY TWO YEAR OLD LIFE
BACK DON'T PLAY IN THE NFL KATIE
HERE OLD ENOUGH NOW DEPEND BACK
NEVER FORGET. WE ARE VEHEMENTLY
OPPOSE AT THREE NINETY THANK YOU
. OVER NEXT TO LINES. MY NAME IS
MORE AND HOW TO GRILL MY
BROTHER'S MURDER VICTIM DAVID
HAD A GIRL IN STRONG OPPOSITION
. OVER THE LINE TWENTY FIVE.
GOOD MORNING MY NAME IS SHERRY
TOMORROW FOLLOWING BEHALF THAT
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE INSTRUCTOR PART
. WE HAVE NO FURTHER IN Q. THANK
YOU THANK YOU TO ALL OUR
WITNESSES WILL NOW BRING THE
DISCUSSION BACK TO MEMBERS
MEMBERS DO YOU HAVE ANY
QUESTIONS OR COMMENTS. SENATOR
TO VOTE. THANK YOU CENTER
CORTESE- FOR ME HERE THIS
MORNING AND THANK YOU TO ALL THE
WITNESSES AND BOTH IN SUPPORT
AND OPPOSITION FRANCE REALLY
INTERESTING- TO YOUR THE
DIFFERENT ARGUMENTS AND BE- ON
BOTH SIDES AND I THINK IT'S A
REALLY HARD ISSUE BECAUSE- WE'RE
DEALING WITH. HUMANITY AND
WHETHER OR NOT THERE IS HOPE- ON
SOME OF THE ISSUES- BETTER HERE-
I DO HAVE A SET OF QUESTIONS
THAT I HAVE. BEEN ASKED TO ASK-
FOR THE RECORD AND- LET'S BEGIN
WITH THE FIRST WENT STATES. THE
DEFINITION OF A SPECIAL
CIRCUMSTANCE AND WHAT KINDS OF
AGGRAVATED MURDER THIS IS BILL
ADDRESS. WELL THIS WAS SPECIAL
CIRCUMSTANCES- LIST THAT YOU'RE
REFERRING TO IS NUMERATE IN
STATUTE IN. THE INLAND THAT'S
WHAT'S ADDRESSED IN THE BILL-
THIS BILL DOESN'T CHANGE THAT
LIST WHATSOEVER OKAY. ARE THERE
ANY EXCLUSION FOR EXTREMELY
HORRIFIC CASES- QUESTION BEING
WITH CHARLES MANSON AND
RETURNERS- IF YOU WERE STILL
ALIVE BE ABLE TO PURSUE RELIEF
UNDER THE STATUTE. THAT'S A
GREAT QUESTION IMPORTANT
ESPECIALLY AFTER LISTENING
CAREFULLY TO LEAD OPPOSITION
WHICH I THINK ALL OF US DO AS AS
SENATORS- YOU KNOW ESPECIALLY IN
FIRST COMMITTEE HEARING IN CASE
THERE'S A AMENDMENTS OR
MODIFICATIONS THAT WE WANT TO
MAKE. A BUT ONE OF THINGS I
PICKED UP ON WAS THAT SOMEHOW SB
NINETY FOUR SIGNED INTO LAW
WOULD IN EFFECT RELEASE. PEOPLE
WOULD RELEASE INMATES SB NINETY
FOUR. WON'T AND CAN'T RELEASE
ANYBODY- THE WAY IT'S WRITTEN IN
THE WAY IT WILL STAY WRITTEN.
WHAT IT DOES IS IT CREATES A
PETITION PROCESS SO THAT- IF
ELIGIBLE UNDER THOSE PETITION
CRITERIA- A PERSON LIKE THOSE.
THAT YOU MENTIONED- COULD- IN
EFFECT HAVE A HEARING- I CAN'T
IMAGINE ANY JUDGE- REALLY SEEN-
YOU KNOW S. AS A RESULT OF S. B.
SB NINETY FOUR HEARING- OF
CHARLES MANSON THAT'S MY OPINION
BUT THAT'S MY OPINION BASED ON.
HAVING BEEN A CRIMINAL DEFENSE
ATTORNEY AT ONE TIME AND- IT IS
A VERY VERY DIFFICULT CHALLENGE
TO GET. THE JUDGE HE WAS
CONCERNED ABOUT A RE OFFENSE. IN
THE FUTURE- TO CONSIDER ANY KIND
OF A LESSER SENTENCE- YOU KNOW
OTHER THAN- WHAT'S BEFORE HIM OR
HER- SO AGAIN THIS BILL DOESN'T
AS I SAID IN AT THE OUTSET- DOES
NOT. RELEASE ARE AUTOMATICALLY
RELEASE THE ANYONE IT JUST
CREATES A HEARING PROCESS IT'S
QUITE CONCEIVABLE THAT THROUGH
WHATEVER HEARINGS OCCUR AS A
RESULT OF THIS BILL THAT NOBODY.
WOULD ACHIEVE A RECENT SEEN
BASED ON. A JUDGE'S CONCERNED-
DURING THAT HEARING THAT THERE
COULD BE A REAL OFFENSE. THAT'S
THE REAL QUESTION IS DO WE
TRUST- THE JUDGE YOU KNOW AFTER
TWO DECADES OF INCARCERATION TO
MAKE THAT DECISION. THANK YOU
SENATOR WANTED TO SIGNAL ITS
THAT THE TASHA MINSKER WHO
INTRODUCE YOURSELF EARLIER FOR
SMART JUSTICES HERE WHO'S AN
ATTORNEY WHO IS AVAILABLE TO
ANSWER QUESTIONS IN MORE DETAIL
SO IF YOU'RE UNSATISFIED. WITH
THE DETAIL OF MY RESPONSES YOU
KNOW PLEASE PIVOT OVER TO TALK
THANK YOU. WE HAD THE PLEASURE
TO MEET EARLIER AND I OFTEN- USE
THE EXPERIENCE THAT WE HAD-
VISITING WITH THE L. WHAT
PRISONERS IN LANCASTER AS A
BASIS OF MY UNDERSTANDING OF YOU
KNOW FURTHERING THE- GARAGE
ASSIST THEM IN UNDERSTANDING IT
A LITTLE FURTHER SO THANK YOU SO
MUCH FOR THAT OPPORTUNITY. I'M
JUST TAKING THAT OPPORTUNITY
SINCE YOU'RE HERE BUT I
APPRECIATE. THE EDUCATIONAL
EXPERIENCE- SO I'LL OPEN IT UP
SENATOR OR DO YOU HAVE ABOUT TWO
OR THREE MORE QUESTIONS- THIS
WAS A LITTLE LONG SO. BEAR WITH
US. MANY OF THE ELIGIBLE
DEFENDANTS RECEIVED THEIR DEATH
OR L. WEBB SENTENCES AFTER A
PENALTY PHASE TRIAL HELD BEFORE
A JURY. DURING THESE PENALTY
PHASE TRIAL THE JURY CONSIDERS
MUCH OF THE MITIGATING
CIRCUMSTANCES ENUMERATED IN YOUR
BILL. THE JURY SENTENCING
VERDICTS FOR THESE DEFENDANTS
WERE THEN REVIEWED BY THE TRIAL
JUDGE AND THEREAFTER HELD BY THE
SEVEN JUSTICES OF THE CALIFORNIA
SUPREME COURT AND EVEN THE
FEDERAL COURTS INCLUDING THE U.
S. SUPREME COURT. IN THE HABEAS
CORPUS PROCESS DEPENDENCE
USUALLY PRESENT MITIGATION OF IT
IS THAT THEY BELIEVE SHOULD BE
SHOULD HAVE BEEN PRESENTED AT
THEIR TRIAL IN ARGUE IT. WOULD
HAVE MADE A DIFFERENCE IN THE
SENTENCING DECISION. MEANING FOR
THE LAST THIRTY YEARS MITIGATION
EVIDENCE HAS BEEN CONSIDERED BY
THE COURTS AND THESE DEFENDANTS
AS DEFENDANTS. SENTENCES HAVE
BEEN UPHELD BY MULTIPLE MULTIPLE
LAYERS OF JUDICIAL OVERSIGHT.
THIS BILL WOULD NOW ALLOW SINGLE
JUDGE TO DISPENSE WITH THESE
THIRTY YEARS OF MULTIPLE
JUDICIAL DETERMINATIONS. WHAT IS
THE REASONING BEHIND THIS
APPROACH. YOU THINK YOU IN IT
LET ME JUST SAY. ON THIS ONE-
ANSWERED. SORT OF THE HIGHER
LEVEL AND THEN- S. MISS MINSTER
TO RESPONDED TO MORE DETAIL
LEVEL IN TERMS OF THE PROCESS
YOU JUST OUTLINED. NOBODY IS
CONTESTING. ANY OF THE DECISIONS
THE RULINGS. BURDICK'S JUDGMENTS
ETCETERA THAT HAVE OCCURRED IN
THE PROCESS THAT YOU JUST
OUTLINED. WITH THIS BILL SAYS IS
ONE MORE THING. AFTER MORE THAN
TWO DECADES IN PRISON- THERE
SHOULD BE AT LEAST AN
OPPORTUNITY TO PETITION. FOR A
RECALL OF THAT SENDS AT THAT
TIME IT DOESN'T CHALLENGE THE
VALIDITY OF ANYTHING THAT
OCCURRED PRIOR. IT SIMPLY SAYS-
THERE'S BEEN A REHABILITATION
PROCESS IT'S BEEN. OCCURRING
OSTENSIBLY THAT'S WHAT WE AS
LEGISLATORS BELIEVE WE HAVE IN
IN A IN A PRISON SYSTEM- AND
AFTER TWO DECADES THIS ADDS ONE
MORE STEP AFTER- THOSE DECADES-
WHICH IS THE OPPORTUNITY. TO
PETITION FOR- A RECENT SENIOR.
NO GUARANTEE HOW THAT'S GOING TO
COME OUT ONE WORD OR THE OTHER-
I WANT TO MAKE SURE I'M NOT
MISSTATING SO I WANT TO TURN TO.
THAT IS ALL ACCURATE AND IT'S A
GREAT QUESTION SENATOR THE
PROCESS WE USE AND DEFINITELY
TRIALS IS AS YOU SAY WE HAVE A
SPECIAL PENALTY PHASE WHERE THE
DEFENSE PRESENTS MITIGATING
EVIDENCE TO THE JURY FOR
CONSIDERATION. PART OF THE
CHALLENGES THAT THESE CASES ARE
THIRTY FORTY MORE YEARS AGO AND
THE STANDARD OF LEGAL PRACTICE
WAS VERY DIFFERENT. PART OF THE
ISSUE IS THAT MANY OF THESE
PEOPLE DID NOT HAVE QUALITY
REPRESENTATION THEY DID NOT HAVE
LAWYERS WHO ACTUALLY PRESENTED
THE MITIGATING EVIDENCE IN THEIR
CASE THERE ARE FOUR PEOPLE IN
THIS ROOM HERE TODAY WHO WERE
SENTENCED TO LIFE WITHOUT
PAROLE. AND THEIR ATTORNEYS DID
NOT PRESENT THE MITIGATING
STORIES AND EVIDENCE IN THEIR
CASE THAT THINGS LIKE THE
CHILDHOOD SEXUAL ABUSE THAT THEY
EXPERIENCE RIGHT AND SO PART OF
THE REASON. DEATH PENALTY CASES
BY THE LITIGATION CONTINUES FOR
DECADES IS BECAUSE WE DON'T HAVE
QUALITY ATTORNEYS ESPECIALLY.
THIRTY AND FORTY YEARS AGO WE
DIDN'T HAVE QUALITY ATTORNEYS
THAT PRESENTED THIS INFORMATION
TO THE JURY AND WHEN WE SEE
THESE CASES UNFOLD OVER DECADES
OF LITIGATION IN THE HABEAS
PROCESS. WHERE NEW ATTORNEYS DO
PRESENT THIS EVIDENCE THEN IN
TWO OUT OF THREE CASES. THESE
SENTENCES ACTUALLY REVERSED. SO
IN CALIFORNIA IF YOU WERE
SENTENCED TO DEATH THE MOST
LIKELY OUTCOME IS THAT YOUR CASE
WILL ACTUALLY BE REVERSED ON
APPEAL FOR EXACTLY THESE REASONS
BECAUSE THIS KIND OF MITIGATING
EVIDENCE WASN'T CONSIDERED. AND
SOME. MANY PEOPLE IN FACT DIE
WHILE THEIR CASES ARE IN THE
REVIEW PROCESS BECAUSE THE
PROCESS FOCUSED CUMBERSOME AND
TAKES SO LONG. SO ONE OF THE KEY
THINGS ABOUT THIS BILL IS THAT
IT IS ABOUT CASES THE IT
HAPPENED. DECADES AGO FROM
BEFORE NINETEEN NINETY OFFENSES
THAT OCCURRED BEFORE NINETEEN
NINETY PEOPLE WHO HAVE SERVED A
MINIMUM OF TWENTY YEARS SOME OF
THEM HAVE STORMED STIRRED FORTY
YEARS. AND IS IT GOING BACKING
GIVING THE JUDGE AN OPPORTUNITY
TO SAY WHAT DID WE FAIL TO
CONSIDER THE FIRST TIME THAT WE
SHOULD CONSIDER NOW. AND HOW
HAVE CIRCUMSTANCES CHANGED IN
THE LAST THIRTY YEARS THAT WE
SHOULD CONSIDER NOW AND IT'S
REALLY JUST ABOUT GIVING THE
JUDGE AN OPPORTUNITY TO CONSIDER
THAT INFORMATION. THANK. AND
THEN ARE WE HAVEN'T THE
FOLLOWING QUESTION WHICH STATES
HOW DOES THE GOVERNOR'S CLEMENCY
PROCESS INTERSECT WITH THIS BILL
. IT'S A SEPARATE PROCESS OF
COURSE WE HEARD FROM- ONE
BELIEVE WITNESSES TODAY WHO
ACTUALLY. AND IF IT'S THE RIGHT
WORD TO SAY WAS THE BENEFICIARY
AFTER THIRTY FOUR YEARS OF
PRISON BECAUSE IT SEEMS. A
LITTLE BIT OXYMORONIC TO SAY
THAT BUT AFTER THIRTY FOUR YEARS
WAS COMMUTED BY THE GOVERNOR SHE
STATED IN HER OWN TESTIMONY OF
COURSE. THAT HAD THIS. SB NINETY
FOUR PROCESS BEEN AVAILABLE- OR
IF IT WERE AVAILABLE IN THE
FUTURE PEOPLE LIKE HER. WHO
MIGHT BE COMMUTED- BUT HAVEN'T
BEEN YET WE HAVE A JUDICIAL
PROCESS TO GO THROUGH. UP SO YES
THE GOVERNOR THE EGGS THE- WE
HEARD A LOT ABOUT THE DIFFERENT
LEVELS OF GOVERNMENT IN THE
SEPARATION OF POWERS AND
EVERYTHING ELSE THE CHECKS AND
BALANCES ARE GOVERNOR. WHOEVER
THAT MAY BE. A DEMOCRAT
REPUBLICAN OR OTHERWISE CAN'T
CONSIDERS COMPUTATIONS AND HAS
THE POWER AS AN INDIVIDUAL. A TO
WEIGH ALL THE CIRCUMSTANCES THAT
WE'RE TALKING ABOUT HERE. IN
COMMUTERS SENTENCE WE'RE SIMPLY
SAYING. THAT SOMEBODY WEARING
THE ROBES AS A JUDGE WHO'S
QUALIFIED. TO WAIT THE EXACT
SAME EVIDENCE OF CIRCUMSTANCES
AFTER THIS TWENTY PLUS YEAR
PERIOD- HE SHOULD BE ALLOWED TO
WEIGH THE CIRCUMSTANCES SO IT'S
AGAIN. AS HE SAID IN THE EARLIER
QUESTION NOT TAKING AWAY. FROM
THE EXISTING FRAMEWORK THAT WE
HAVE WHICH IS ADDING. ANOTHER
AVENUE- OR PATHWAY OF FOR
JUSTICE TO BE SERVED IN THOSE
CASES WHERE. IT'S APPROPRIATE.
ALL RIGHT AND THEN- AND I HAVE
ONE LAST QUESTION AND THEN I
WOULD LIKE TO HEAR A COMMENT
FROM ONE OF THE LEAD WITH THIS
IS IN RESPONSE. AND IS THE M. AS
THE AUTHOR ARE YOU ENVISIONING
ANY EVIDENTIARY HEARING WITH
WITNESSES AND EVIDENCE BEING
PRESENTED AT EACH OF THESE
HEARINGS. AND WHAT IS THE
STANDARD OF PROOF REQUIRED TO
ESTABLISH A MITIGATING FACTOR.
WHICH PARTY HAS THE BURDEN. LET
ME UP TURN IT OVER TO MISS MISS
HERE TO ANSWER THAT THE
TECHNICAL QUESTION THANK YOU
ABSOLUTELY THE BILL PROVIDES FOR
HEARINGS WERE EVIDENCE COULD BE
PRESENTED EVIDENCE COULD ALSO BE
PRESENTED AND TEST DOCUMENTARY
FORM OR THROUGH DECLARATIONS.
THE MOVING PARTY BEARS THE
BURDEN OF PROOF WHENEVER THE
MOTION IS MADE SO HERE THE
INDIVIDUAL MAKING THE PETITION
WOULD BEAR THE BURDEN OF
PERSUADING THE JUDGE THAT
MITIGATING EVIDENCE EXISTED AND
THEN ULTIMATELY IT IS UP TO THE
JUDGE IN THEIR DISCRETION
WHETHER TO RE SENTENCE OR NOT.
IN THROUGH THE CHAIRMEN HERE
WOULD LIKE TO HEAR FROM THE LEAD
WITNESSES- WITH REGARDS TO-
WHETHER OR NOT THESE
DISINFORMATION IT SUFFICES. IN
OPPOSITION PRESENCE IN SUPPORT
I'M SORRY I'M SORRY IN A
POSITION YES YES OKAY- YES. I'M
SORRY YES THE LIQUID IS NOT
POSITION. THIRTY SECONDS.
MORNING MADAM CHAIR AND VICE
CHAIR AND MEMBERS OF THE
COMMITTEE I AM ROBERT BROWN I'M
THE ASSISTANT DISTRICT ATTORNEY
FROM SAN MARINO- COUNTY I WORK
FOR MISTER ANDERSON NAY BROUGHT
ME HERE TO ANSWER ANY QUESTIONS.
YOU'RE ASKING IF THE INFORMATION
THAT YOU PUT THOSE DESCRIBES THE
MOMENT AGO WOULD SUFFICE FOR
WHAT IS BEING ASKED OF THE
JUDGE. IT'S DIFFICULT TO TELL
GREAT HEARD NO STANDARD PROOF WE
DON'T KNOW WHAT LEVEL THAT
GEORGE WOULD HAVE TO FIND IN
ORDER GRANT RELIEF FOR TONIGHT
RELIEF SORT OF AFFECT QUESTION
TO BE ANSWERED UNDER WHAT'S BEEN
DESCRIBED THIS MORNING. OKAY IS
THERE ANY OTHER COMMENTS YOU
HAVE WITH REGARDS TO YOUR
THOUGHTS ON THE RESPONSE IS A
RIGHT GIVEN TODAY WITH REGARD TO
THE QUESTIONS THAT WERE
PRESENTED. AS TO THOSE OUR
RESPONSES NO I DO EFFORTS IF
THERE IS A SIGNIFICANT THERE ARE
TWO SIGNIFICANT LEGAL ISSUES
WITH THIS BILL I'M HAPPY TO
DESCRIBE THOSE IF YOU WOULD
LIKE. ARE THOSE ADDRESSING ANY
OF THE ISSUES THAT WE ADDRESS
TODAY HERE. LOTS OF OUR
QUESTIONS OKAY AS TO THE CHAIR
THIS YEAR. YEAH WE'RE GONNA MOVE
ON- TO ANY OTHER MEMBERS WHO
HAVE QUESTIONS OR CONCERNS. NO
SENATORS OKAY SO. SENATOR WIENER
. I TOOK ONE QUESTION WHICH- YOU
ANSWER BUT I WANTED TO THINK
IT'S CRYSTAL CLEAR. THIS BILL
MANDATE. ANY JUDGE TO. RELEASE
ANYONE FROM PRISM NO. IT'S A
IT'S A IT'S SET UP A PROCESS
CONSIDERING DIFFERENT FACTORS
AND PROVIDING. A PATH. THAT THE
JUDGE CAN EVALUATE THE EVIDENCE
AND THE CIRCUMSTANCES AND HOW
THE PERSON IS NOT IN PRISON. AND
SO ON AND SO FORTH AND THAT CAN
MAKE A DETERMINATION THAT'S
CORRECT AND THESE ARE PEOPLE WHO
WERE INCARCERATED AS OF NINETEEN
NINETY OR EARLIER. THAT'S
CORRECT OKAY SO THE RETIREMENT
DECADES AND DECADES IN PRISON.
THAT'S CORRECT OKAY I THANK YOU
AND I MOVED. IT IS TWO DECADES
INTO IT THANK YOU- YOU KNOW I DO
JUST WANT TO THANK ALL THE
WITNESSES WHO TESTIFIED- YOU
KNOW I'M I'M- PERSONALLY OF THE
MINDSET OF SOMETIMES- YOU KNOW
AS AS A VICTIM OF MYSELF. OF-
YOUR FATHER WAS MY IN ITS COLD
CASE AND SO I OFTEN UNDERSTAND
THE FEELINGS OF VICTIMS.
PARTICULARLY WANTING JUSTICE AND
WANTING THAT INDIVIDUAL TO SERVE
LIFE WITHOUT PAROLE I GET IT- AT
THE SAME TIME I ALSO THINK THAT.
WITH THE PURVIEW OF THE JUDGE.
AND AT THE AT THEIR DISCRETION
EVALUATING ADDITIONAL EVIDENCE-
OVER SEVERAL DECADES OF TIME
BEING PASSED- POTENTIALLY EVEN
MORE- TECHNOLOGY IN SUPPORT AND
UNDERSTANDING WHAT'S WHAT'S
HAPPENING. I THINK THAT IT IS
SOMETIMES. A VERY GOOD PRACTICE
TO RE VISIT CASES. AND WITH
NEARLY FORTY YEARS PASSING FOR
SOME OF THESE CASES WITH THIS
BILL COVERS I THINK IT'S ONLY
RIGHT TO AT LEAST HAVE THAT IN
PLACE SO I DO APPRECIATE IT
SENATOR FOR YOU BRING THIS FOUR
DAY PRECIADO EVERYBODY ON BOTH
SIDES- THAT HAVE TESTIFIED I
UNDERSTAND. IT EMOTIONAL IMPACT
ON ON FAMILIES AS WELL AS THOSE
SERVING TIME- AND I WOULD LIKE
TO HAVE YOU CLOSE SENATOR. THANK
YOU- VENTURE AND APPRECIATE
THAT- YOUR ELOQUENT COMMENTS I
TO- I'M VERY MOVED BY THE
CONCERNS IN THE TESTIMONY THAT
WE HEARD HERE TODAY- THAT WE
CALL OPPOSITION TESTIMONY BUT- I
SUPPOSE- FOR THOSE FAMILIES IS
REALLY SUPPORT. TESTIMONY IN
THEIR OWN MIND OF FOR SOMETHING
THAT. ARE THEY CONSIDERED TO BE
A VERY VALID AND SOLID- LEGAL
PROCESSES OCCURRED UP TO THIS
POINT. WE'RE NOT TRYING TO
CHANGE WHAT OCCURRED UP TO THIS
POINT IN ANY OF THESE CASES- I
SUPPOSE. AGAIN HAVING SOME LIVED
EXPERIENCE IN THE COURT ROOM THE
SOME OF THE- ATTORNEYS WOULD
CALL FACT PATTERNS THAT WE HEARD
TODAY- WHICH ARE. COMPELLING A
DEVASTATING FACT PATTERNS IN
TERMS OF WHAT HAPPENED OF THE
SAME FACT PATTERNS THAT WOULD BE
. COMPELLING TO JUDGE- THIS BILL
JUST SIMPLY ALLOWS A JUDGE IN
THE REVIEW PROCESS. THAT WE'VE
BEEN DESCRIBING A IT TO MAKE
THAT DECISION- IF THE CRITERIA
ARE MET FOR HEARING AND WITHOUT
IT RESPECTFULLY ASK FOR YOUR
VOTE. THANK YOU WE HAVE A MOTION
BY SENATOR WIENER- TO MOVE THIS
BILL. CAN WE HAVE A ROLL CALL.
SB NINETY FOUR MOTIONS TO PASSED
TO APPROPRIATIONS SENATOR HA HI.
I WHICH HAVE A- JOB NOW BRADFORD
SKINNER AYE SKINNER AYE WIENER.
HI THANK YOU THIS BILL WILL BE
PLACED ON CALL REALLY APPRECIATE
IT THANK YOU TO EVERYBODY WILL
BE MOVING ON TO THE NEXT
PRESENTATION. SENATOR CORTESE-
YOU HAVE SB THREE OH NINE THE
FLOOR IS YOURS. THANK YOU AGAIN-
CHARRON IN MEMBERS OF THE
COMMITTEE I'M PLEASED TO PRESENT
SB THREE OH NINE SPONSORED BY
THE COUNCIL ON AMERICAN ISLAMIC
RELATIONS- OTHERWISE KNOWN AS
CARE. OF THE CHURCH STATE
COUNCIL THE CHIKARA MOVEMENT IN
THE TYPETABLE FOUNDATION AND
OTHERS SB THREE OH NINE WOULD
CREATE A STATEWIDE POLICY. THAT
ENSURES THE RIGHT TO WEAR
RELIGIOUS CLOTHING GROOMING AND
HEADWEAR IN STATE LOCAL
CORRECTIONAL DETENTION
FACILITIES AT ITS CORE THE
COMMONSENSE BILL WOULD SIMPLY
INSURER. OF THE PRESERVATION OF
DIGNITY AND CIVIL RIGHTS WITH A
MEMBER OF A RELIGIOUS MINORITY
IS SERVING TIME THEY SHOULD
ALWAYS HAVE THE PROTECTION TO
OBSERVE THEIR RELIGION. THE NEED
FOR THIS BILL IS TREMENDOUS
GIVEN THE FACT THAT CIVIL RIGHTS
COMPLAINTS RELATED TO
ISLAMOPHOBIA FOR EXAMPLE A GROUP
TO RECORD NUMBERS IN TWENTY
TWENTY ONE. AND THOSE NUMBERS
CONTINUE TO RISE UNFORTUNATELY
HATE AND BIAS IN ITS INCIDENTS.
HAVE GONE UP- IN AS THE PANDEMIC
HAS RECEDED. WE ALL KNOW THAT WE
HAVE AN OPPORTUNITY WITH THIS
BILL TO STOP INCIDENTS OF
RELIGIOUS PERSECUTION IN PRISON.
CALIFORNIANS STILL MAINTAIN
THEIR BASIC CIVIL RIGHTS WHEN
THEY BECOME INCARCERATED.
UNFORTUNATELY PEOPLE WHO BELONG
TO RELIGIOUS MINORITY GROUPS
HAVE HAD THE RELIGIOUS HEAD
SCARVES FOR EXAMPLE FORCIBLY
REMOVED BY PRISON OFFICIALS.
AFTER BEING TAKEN INTO CUSTODY.
IN FIVE COMMUNITIES IN
CALIFORNIA CORRECTIONAL
FACILITIES. HAVE BEEN SUED OVER
THEIR POLICIES RELATED TO
RELIGIOUS PRACTICE IN THOSE
FACILITIES WERE FORCED TO CHANGE
RULES POLICIES. SB THREE OH NINE
WOULD REMEDY THE THIS ISSUE AND
RESTORE EQUITY FOR MUSLIMS SIKHS
JEWS AND OTHER RELIGIOUS
MINORITIES. INMATES WHO ARE
ALLOWED TO FREELY EXERCISE
RELIGIOUS PRACTICE IN DRESS. ARE
LESS LIKELY TO BE INVOLVED BONE
INSTANCE WELL THEY'RE SERVING
THEIR SENTENCE. THEY'RE ALSO
LESS LIKELY TO RETURN TO JAIL OR
PRISON AFTER THE TERM IS
COMPLETED. WE ASK YOU TO SUPPORT
DIGNITY CIVIL RIGHTS AND FREE
EXPRESSION IN OUR CORRECTIONAL
FACILITIES. WITH US TODAY IS A
MUST SEE FOR BODY W. EXECUTIVE
DIRECTOR OF CAIR LA AND-
SERGEANTS SHOULD CORE MEMBER OF
THE TABLE FOUNDATION. HERE TO
SPEAK IN SUPPORT. THANK YOU
AGAIN AND AGAIN AT THE
APPROPRIATE TIME- I WOULD ASK
FOR YOUR SUPPORT. THANK YOU- IF
WITNESSES CAN COMMON APPROACH
THE MIKE. YOU HAVE TWO MINUTES.
WE'RE GOING TO TIME IT. GOING TO
TRY TO MAKE THIS FASTER THANK
YOU. THANK YOU CAROL HUB MEMBERS
OF THE SENATE PUBLIC SAFETY
COMMITTEE MY NAME IS MISTY
FLOODING AND I'M THE DEPUTY
EXECUTIVE DIRECTOR OVERSEEING
THE COUNCIL ON AMERICAN ISLAMIC
RELATIONS OF CALIFORNIA'S.
POLICY AND ADVOCACY INITIATIVES.
CALIFORNIA IS AMERICA'S LARGEST
CIVIL RIGHTS AND LIBERTIES
ORGANIZATION AND WE ARE THE
SPONSOR SB THREE OH NINE. WELL
REPRESENTING THE FROM CLIENTS IN
LEGAL BATTLES ACROSS THE STATE
WE FOUND DISTURBING PATTERN OF
MUSLIMS WHO ARE BEING DEPRIVED
OF THE RELIGIOUS RIGHT. UP TO
THE ACCOMMODATION INCLUDING
WHILE INCARCERATED LOOKING FOR
AN AUTO LOAN IN THIS RELIGIOUS
COMMUNITIES ACROSS THE STATE
INCLUDING THICK. AND USE HER HAD
THE RELIGIOUS RIGHT. TO FREE
EXERCISE IN FRENCH WHILE IN
CUSTODY BECAUSE OF INCONSISTENT
POLICIES ACROSS THE STATE
REGARDING RELIGIOUS CLOTHING HAD
WEARING GROOMING. WE'RE
ADVOCATING FOR THIS BILL BECAUSE
ENSURING A UNIFORM STATEWIDE
RIGHT TO RELIGIOUS CLOTHING
HEADWEAR AND GROOMING AS A
COMMONSENSE POLICY. ALLIANCE
CALIFORNIA WITH THE U. S.
CONSTITUTION AND FEDERAL
RELIGIOUS LAND USE AND
INSTITUTIONALIZED PERSONS ACT
THE THING IS THE FACILITY CANNOT
SUBSTANTIALLY BURDEN THE RIGHT.
TO PRACTICE RELIGION UNLESS THEY
CAN DEMONSTRATE THAT THEY HAVE A
COMPELLING INTEREST THAT CANNOT
BE ACHIEVED THROUGH ANY. OTHER
LESS RESTRICTIVE ME. AS STATE
WITH ONE OF THE LARGEST SOURCE
OF THE PRISON FOR. COMPLAINTS
ADOPTING A CLEAR CALL PA WILL
THE STATE LOCAL. FOR COFFEE WITH
A GOOD. ALSO READ. THAT THE
REHABILITATION. AND CORPORATE
SOLUTION FROM STUDIES THAT
DEMONSTRATE ADDRESSING RELIGIOUS
ACCOMMODATIONS CAN INCREASE
MORALE REDUCE VIOLENCE AND OTHER
NEGATIVE BEHAVIORS FOR PRISONERS
AND REDUCE RECIDIVISM. LASTLY SB
THREE OH NINE FOLLOWS THE
PRESIDENT POLICIES LOCALLY
ADOPTED BY POLICE AND SHERIFF
DEPARTMENTS ACROSS THE STATE AND
IT CONTINUES CALIFORNIA'S LEGACY
AS A LEADER IN CIVIL RIGHTS
LEGISLATION. WE COMMEND THE CDC
ARE AND LOCAL JURISDICTIONS FOR
WORKING TO ADDRESS THE RIGHT TO
RELIGIOUS CLOTHING WHILE
INCARCERATED AND HAVE TAKEN
PRECAUTIONS TO ACCOUNT FOR THE
SAFETY AND SECURITY FACILITIES
STAFF. AND OTHERS IN CUSTODY BY
ALLOWING CERTAIN EXCEPTIONS.
EVERY LOCAL JURISDICTION THAT WE
HAVE APPROACH HAS ADOPTED
RECOMMENDATIONS BUT THERE ARE
TOO MANY JURISDICTION FOR
ADVOCATES TO INDIVIDUALLY
APPROACH. SB THIRTY NINE CLOSES
THE GAP BETWEEN CURRENT STATE
AND LOCAL LAWS AND THE FEDERAL
STANDARD REQUIRED TO PROTECT
CIVIL LIBERTIES AND DIGNITY FOR
THOSE INCARCERATED THANK YOU FOR
THE OPPORTUNITY THANK YOU. WE
ARE TIMING SO YOU. IT'S A STEP
UP RIGHT TWO MINUTE DRILL YEAH
TWO MINUTES ON OF SENT- SHARON
WELL- MEMBERS THANK YOU FOR THE
OPPORTUNITY. MY NAME IS THE JOB
SHOULD COR ON THE FOUNDER OF
FALAFEL CORNER AND ALSO AN
ADVOCATE FOR PRISONERS FOR TABLE
FOUNDATION. AND A DOCTORAL
CANDIDATE IN BERKELEY. I WAS IN
PRISON FOR OVER TWO DECADES. AND
DURING THAT TIME SO OVER A WHOLE
LOT OF HUMILIATION AND
DISCRIMINATION BECAUSE OF THE
RELIGION THAT I CHOSE. AND
BECAUSE THE RELIGION THE
PRACTICE OF THEIR RELIGION
CONFLICTED WITH THE GROOMING
STANDARDS. AND THE DRESS CODE.
SO WE WEREN'T ALLOWED TO HAVE
BEARDS WE CAN HAVE OUR HEAD GEAR
. AND A LOT OF THE RESTRICTIONS
ARE PLACED ON THOSE- WE WERE
FORCED TO SHAPE. AND FOR MUSLIM
MEN TO SHAVE HIS BEARD SO WHEN
THE MOST HUMILIATING THINGS THAT
YOU CAN DO. IF YOU REFUSE YOU
GOT. WHAT THEY CALL PROGRESSIVE
DISCIPLINARY ACTION WAS NOTHING
PROGRESSIVE ABOUT DISCIPLINARY
ACTION OKAY. YOU GOT A VERBAL
WARNING. THEN YOU GOT A WRITTEN
WARNING. AND THEN YOU GO WITH
THE CALL TELL US CDC ONE FIFTEEN
WHICH IS A FORMAL RIDER. AND IF
YOU STILL DIDN'T COMPLY THE PUT
YOU WANT SEE STATUS WHICH IS
DISCIPLINE THEIR DETENTION.
THAT'S LOCKER TWENTY THREE HOURS
A DAY. AND THESE TO SAY YOU'RE
IN PRISON INSIDE THE PRISON. FOR
MOST PEOPLE THAT WAS A DETERRENT
FROM PRACTICING THEIR RELIGION
SOME OF US IN DOOR THAT FOR
YEARS AND WHAT A WIN DOOR THAT
NGUYEN DURING THE BECAUSE WE
UNDERSTOOD THE TRANSFORMATIVE
VALUE OF RELIGION. RELIGION HAS
THE POWER TO TRANSFORM PEOPLE
I'VE SEEN WITH MY OWN EYES. I'VE
SEEN PEOPLE COMPLETELY TRANSFORM
THEIR LIVES BECAUSE RELIGION.
AND THEN YOU HAVE PEOPLE COME
ALONG AND TELL YOU ALL YOU CAN
WHERE THERE'S YOU CAN WEAR THIS
YOU CAN'T DO THAT. AND THEY
DISCRIMINATE AGAINST YOU FOR
THAT BUT THAT'S NOT EVEN THE
WORST FOR. SIR THANK YOU YOU
HAVE YOUR TIME'S UP. SORRY SO-
WE ARE GOING TO MOVE ON TO
WITNESSES AND SUPPORT PLEASE
STATE YOUR NAME YOUR
ORGANIZATION THAT YOU SUPPORT.
NATASHA MINSKER PROSECUTORS
LINES OF CALIFORNIANS SUPPORT.
LESLIE CALDWELL HOUSTON FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION IN SUPPORT. GOING
BACK UNTIL BAKER CENTER FOR
HUMAN RIGHTS IN SUPPORT. AT THE
END DIMARTINO CALIFORNIANS FOR
SAFETY AND JUSTICE IN SUPPORT.
THANK YOU DO WE HAVE ANY OTHER
SUPPORT WITNESSES SEEING NONE
WERE TO MOVE TO LEAD OPPOSITION
WITNESSES LEAD OPPOSITION
WITNESSES HAVE TWO MINUTES.
SEEING NONE WERE REMOVED
OPPOSITION WITNESSES IN GENERAL
. SEEING NONE WE'RE GONNA MOVE
TO THOSE THAT ARE WAITING ON
TELECONFERENCE- THE
TELECONFERENCE NUMBER PLEASE YOU
STATE YOUR NAME ORGANIZATION
POSITION MODERATOR IF YOU'D
PLEASE PROMPT INDIVIDUALS
WAITING TO TESTIFY IN SUPPORT OR
OPPOSITION WE WILL BEGIN.
DIFFERENCE PARTNER OPPOSITION OF
THEIR PLEASE PRESS ONE AND THEN
ZERO WHAT'S THE LINE NUMBER
THIRTY ONE. IT MORNING REBECCA
GONZALEZ WITH THE NATIONAL
ASSOCIATION OF SOCIAL WORKERS
CALIFORNIA CHAPTER IN SUPPORT.
EXCELLENCE LEVINE NUMBER TEN.
HELLO I'M PATTI LAWRENCE I'M
CALLING ON BEHALF OF MYSELF IN
IN SUPPORT OF AB. THREE OH NINE.
OUR NEXT POINT NUMBER THIRTY
FIVE. GOOD MORNING JIM LINDBERG
ON BEHALF OF THE FRIENDS
COMMITTEE ON LEGISLATION OF
CALIFORNIA AND ON BEHALF OF THE
CALIFORNIA CATHOLIC CONFERENCE.
OPEN SUPPORT THANK YOU. WELL
NEXT DOOR NUMBER THIRTY FOUR.
GEORGE GRAHAM DO ON BEHALF EIGHT
TO YOU CALIFORNIA ACTION IN
SUPPORT THANK YOU. CONNECTS TO
LINE UP FOR TWENTY FIVE. SURE IT
A MARK ON BEHALF OF CALIFORNIA
ATTORNEYS FOR CRIMINAL JUSTICE
IN SUPPORT. WE'LL GO NEXT SLIDE
NUMBER THIRTY. YOU TALKED LEGAL
SIR THE PRISON WHICH ASSISTANCE
. NEXT HEADLINE NUMBER THIRTY
TWO. I GUESS YOU TO HAVE A
RELATION STRUCTURE FOR THE
CHURCH STATE COUNCIL AND STRONG
SUPPORT. WELL NEXT TO LINE
NUMBER THIRTEEN. RABBI SETH
CASTLEMAN SECULAR DIRECTOR AFTER
THIS PROJECT IS SLATED TO PAUL
VETERANS STRONG SUPPORT. WELL
NEXT LINE NUMBER THIRTY SEVEN.
SHIRVAN EZANI INITIATE JUSTICE
ACTION STRONG SUPPORT. THANK YOU
WE HAVE NO FURTHER IN Q. THANK
YOU AND THANK YOU TO ALL OUR
WITNESSES WILL NOW BRING THE
DISCUSSION BACK TO MEMBERS
MEMBERS TO GET HAVING QUESTIONS
COMMENTS OR THOUGHTS. SENATOR
WIENER OKAY SENATOR WOULD LIKE
TO MOVE THE BILL US SENATOR
CORTESE WOULD YOU HAVE ANY
CLOSING COMMENTS THANK YOU- AND
I WANT TO THANK THE COMMITTEE
CHAIR AND THE STAFF OF THE
COMMITTEE FOR ALL YOUR- HARD
WORK AND HELP IN ANALYZING THEM
BOTH BILLS ARE PRESENTED TODAY
WHILE I'M AT IT. THANK YOU AND I
RESPECTFULLY ASK YOUR AYE VOTE
THANK YOU- THE MOTION HAS BEEN
MOVED BY SENATOR WIENER
ASSISTANT PLEASE CALL THE ROLL
SB THREE OH NINE EMOTION IS DO
YOU PASS TO APPROPRIATIONS
SENATOR BOB I AM. HA I WHICH OF
A FRACTURED SKINNER AYE SKINNER
AYE WIENER AYE WIENER AYE. THE
BILL HAS BEEN FOR ON CALL. WE
WILL NOW MOVE TO CENTER NGUYEN-
WHO WILL BE PRESENTING SB TWO
EIGHT EIGHT SENATOR THE FLOOR IS
YOURS. JUST A LITTLE LONGER TO.
SECRETARY. OKAY GOOD MORNING
MADAM CHAIR AND SENATORS TODAY
AND PRESENT MY BILL SB TWO EIGHT
EIGHT IN RESPONSE TO THE RISE OF
CRIMES ACROSS OUR STATE. FROM
CONVICTED CRIMINALS WHO HAVE
BEEN RELEASED EARLY FROM THE
PRISON TERM SENTENCING. THERE
ARE MANY WAYS CONVICTED
CRIMINALS MAY BE GRANTED EARLY
RELEASE LONG BEFORE THERE'S FOUR
SENTENCE HAS BEEN SERVED WHEN
MEDIA REPORTS. THAT SOMEONE HAS
BEEN CONVICTED OF A HEINOUS
CRIME AND SENSOR LONG PRISON
TERM MOST PEOPLE WOULD CONCLUDE
THAT THESE INDIVIDUAL WAS SERVE
THEIR FOURTH. SENTENCE TERM. I
EXPECT THE PUBLIC WILL BE
SURPRISED TO LEARN THAT IT IS
EXTREMELY RARE FOR A- FOR A-
INDIVIDUAL TO SERVE HIS OR HER
FULL PRISON TERM. JUST LAST YEAR
THIS MONTH. WHEN A CONVICTED
FELON NAY SMILEY MARTIN. WAS
ENGAGED IN A GUNBATTLE JUST
BLOCKS AWAY FROM THE FROM OUT
CAPITAL. IN WHICH SIX WERE
KILLED AND ANOTHER TWELVE WERE
INJURED. THE ISSUE OF- REALLY
READ RELEASE WAS BROUGHT INTO
FULL FOCUS. BECAUSE IN TWO
THOUSAND EIGHTEEN MISTER MAHER
WAS SENTENCED TO TEN YEARS IN
PRISON FOR BEATING UP HIS
GIRLFRIEND AND EVEN. IT IT AND
EVEN OUR SACRAMENTO DISTRICT
ATTORNEY OPPOSE RELEASING MISTER
MARTIN FOR HE IS A DANGER TO
SOCIETY. OTHER JUST SERVING FOUR
OF THE TEN YEARS HE WAS RELEASED
AND TWO MONTHS AFTER HE WAS
RELEASED HE WAS INVOLVED IN THE
SHOOTOUT IN DOWNTOWN SACRAMENTO
WITH AN AUTOMATIC WEAPON IN HIS
HAND. THIS IS WHAT WAS FILED
AGAINST HIM IN THE PAST BYE.
SACRAMENTO COUNTY DISTRICT
ATTORNEY ANNE ANNE. MARY SUPER.
DEPICTED MARIO AS A DANGEROUS.
UNREPENTANT REPENTING GAME
MEMBER PROSECUTE POINT TWO
MARGINS PRIOR CONVICTION WHICH
INCLUDE CURSING A WOMAN INTO
PROSTITUTION. AND BEATING HER
WITH A BELT LEAVING A WELT ON
HER FACE. WHY HE WAS SENTENCED
TO TEN YEARS IN PRISON FOR THAT
CRIME HE- THE PROSECUTOR ALSO
STATED HE COMMITTED BATTERY ON
OTHER PRISONERS ARE IN JAIL.
OTHER THE BUT DUST HAD SETTLED
FIGURES BEGAN POINTING IN
DIFFERENT DIRECTIONS WITH
ACCUSATIONS AGAINST CONCERNING
MISTER MARCH EARLY RELEASE AFTER
SERVING JUST LESS THAN HALF OF
HIS TEN YEARS. IT'S NOT CLEAR
HOW HIS EARLY RELEASE WAS
ACCOMPLISHED BECAUSE THERE'S NO
COMPLETE ACCOUNTING OF THE
CREDITS HE RECEIVED FOR HIS
EARLY RELEASE DATE. JUST THIS
LAST FRIDAY FEBRUARY A SIMILAR
EVENT OCCUR IN FRESNO COUNTY IN
WHICH A POLICE OFFICER FROM
SELMA WAS KILLED. IN THE PUBLIC
JUST YOU IN THE DARK ABOUT THE
PARTICULARS OF THIS CRIME
CRIMINALS EARLY RELEASE. SB TWO
EIGHT WILL REMEDY THAT THE
MEASURE DECLARES THAT ALL
DEPARTMENT OF CORRECTIONS AND
REHAB. RICK RECORDS PERTAIN TO
AN TO AN INMATE'S RELEASE DATE
INCLUDING THE EARLY RELEASE
CREDITS. NOT INCLUDING OF COURSE
ANY PROTECT THE PRIVACY
INCLUDING LIKE HEALTH RECORDS.
SHOULD BE MADE PUBLIC RECORDS
AND ARE SUBJECT TO DISCLOSURE
UNDER THE CALIFORNIA PUBLIC
RECORDS ACT. I RESPECTFULLY ASK
FOR YOUR SUPPORT AND ALLOW THE
PUBLIC TO KNOW HOW THESE
INDIVIDUALS ARE EARNING THE
CREDITS TO BE RELEASED EARLY. BY
JUST ALSO HAVING IN A POST. AND
HAVING IT POSTED TO THE
DEPARTMENT OF CORRECTIONS.
WEBSITE POSTED THESE DATAS AND
ALLOW THE PUBLIC. DISINFORMATION
NO SIM NO DIFFERENT THAN THE
CRIME STATS OTHER PUBLIC
INFORMATION THIS WHICH IS ALLOW
THE PUBLIC TO BE INFORMED I
RESPECTFULLY ASK FOR YOUR
SUPPORT. THANK YOU WILL NOW MOVE
TO ANY WITNESSES IN SUPPORT.
SEEING NONE WILL MOVED WITNESSES
IN SUPPORT OF THIS BILL IN
GENERAL IN THIS ROOM. SEEING
NONE. WE WILL ASK FOR OPPOSITION
WITNESSES. SEEING NONE WE WILL
NOW ASK FOR OTHER OPPOSITION
WITNESSES PLEASE STATE YOUR NAME
YOUR ORGANIZATION AND THAT YOU
OPPOSE. NIKAM SEVEN CISCO PUBLIC
DEFENDER'S OFFICE IN OPPOSITION
THANK YOU GOING BACK A CELL
BAKER CENTER FOR HUMAN RIGHTS IN
OPPOSITION. MICHAEL GARCIA BURKE
I MEAN UNDERGONE COLUMNIST IT
EVER. IN OPPOSITION. ERIN MCCALL
WITH UNDERGROUND SCHOLARS
INITIATIVE AT UC BERKELEY IN
OPPOSITION. ELIZABETH BROWN-
UNDERGROUND SCHOLARS INITIATIVE
UC BERKELEY IN OPPOSITION. A
DANIEL SHARPEVILLE TONY MURDER
ELIMINATION PROJECT IN
OPPOSITION. THANK YOU- SINGH NO
OTHER WITNESSES IN THIS ROOM
WILL NOW MOVE ON TO WITNESSES
WAITING TO TESTIFY VIA
TELECONFERENCE ARVEST PLEASE YOU
STATE YOUR NAME ORGANIZATION AND
POSITION. MODERATOR IF YOU WOULD
PLEASE PROMPT INDIVIDUALS
WAITING TO TESTIFY IN SUPPORT OR
OPPOSITION WE WILL BEGIN. AND IF
YOU'RE IN SUPPORT- OPPOSED TO
THIS PLEASE PRESS ONE AND THEN.
ZERO WE'LL GO TO ONE THIRTY. NOW
AFTER. LIKE THIRTY YOUR LINE IS
OPEN. WILL MOVE ON WE HAVE NO
FURTHER IN Q. THANK YOU TO ALL
OUR WITNESSES WILL NOW BRING THE
DISCUSSION BACK TO MEMBERS
MEMBERS DO YOU GUYS HAVE ANY
QUESTIONS THOUGHTS OR CONCERNS.
SEEING NONE- SENATOR WOULD YOU
LIKE TO CLOSE I JUST READ
STRICTLY ASKING AYE VOTE THANK
YOU KNOW DO WE HAVE A MOTION.
PUT ON HOLD. YEAH WE'RE GONNA
PUT IT ON CALL UNTIL- SENATOR
CHU BOOKS HERE THANK YOU THANK
YOU THANK YOU MADAM CHAIR.
RAPIDA I'M NOT SUPPORTING THE
BILL BUT I'M AS A COURTESY I'M
HAPPY TO MAKE THE MOTIONS AND
CENTER TOOK OVER IS NOT HERE
DEFINITELY SENATOR WIENER HAS
MOVED TO THE- BILL- AS A
COURTESY- CAN WE HAVE A ROLL
CALL. SB TWO EIGHTY EIGHT MOST
IS THE PAST YOU TO DESPAIR
COMMITTEE FEDERAL HOBB NOW WILL
HAVE NO JOB OF BRADFORD SKINNER
. WIENER NO WINNER NOW. THANK
YOU THANK YOU WHAT THE BILL HAS
BEEN PLACED ON THANK YOU. THANK
. YEAH WE WILL BE MOVING ON TO
THE CAN CALENDAR- FOR ITEM HAVE
BEEN PLACED ON CAN YOU HAVE ITEM
NUMBER FOR SB TWO NINE- BY MAN
I'D NUMBER FIVE SB FOUR FOUR
EIGHT BY SENATOR BACKER ITEM
NUMBER TEN SB SIX OH TWO BY
SENATOR ARCHULETA ITEM NINETEEN
SB FIVE THIRTY BY SENATOR
BRADFORD CAN I HAVE A MOTION.
FOR MOVED MOVED BY IT SENATOR
SKINNER- IN CAN WE HAVE A ROLL
CALL CENTER HA. HI HAVE I OWE TO
ABOUT BRADFORD SKINNER. SKINNER
I WIENER. AYE WIENER AYE ACCOUNT
OR SOMETHING. THE CONSENT
CALENDAR IS NOW ON CALL. WAIT
ONE SECOND.
ALL RIGHT WE WILL BE MOVING ON
TO SENATE BILL SEVEN ONE NINE BY
SENATOR BACKER- CENTER TO BACK
FOR YOU HAVE THE FLOOR WHEN
YOU'RE READY. THANK YOU CAN ONE
MAN CHAIR MEMBERS. SB SEVEN ONE
NINE PROTECTS THE FREEDOM OF THE
PRESS TO REPORT. AND THE
PUBLIC'S RIGHT TO KNOW WHAT IS
HAPPENING IN THE COMMUNITY BY
GRANT COMMUNITIES OPTIONS TO
MAINTAIN ACCESS TO POLICE
COMMUNICATIONS WHILE
SIMULTANEOUSLY PROTECTING
SENSITIVE IDENTIFYING
INFORMATION. FOR EIGHTY YEARS
NEWS OUTLETS JOURNALISTS AND THE
PUBLIC HAD ACCESS TO POLICE
RADIO COMMUNICATIONS. THIS AXIS
BEDROOM BE CRITICALLY IMPORTANT
FOR PUBLIC SAFETY PLEASE
TRANSPARENCY AND OVERALL
ACCOUNTABILITY. OVER THE LAST
YEAR AT LAST REALLY FEW YEARS
LAW ENFORCEMENT AGENCIES
RETALIATES. SOME HAVE FULLY
ENCRYPTED THE RADIO
COMMUNICATIONS CUTTING OFF THIS
VITAL ACCESS TO THE PUBLIC AND
PRESS. PARTICULATE TRANSPARENT
COMMUNICATIONS PROVIDE THE
PUBLIC WITH THE OPPORTUNITY TO
PAY FOR EMERGENCIES INCLUDING
SHOOTINGS CRASHES NATURAL
DISASTERS OTHER PUBLIC SAFETY
EVENTS RECENTLY MONTEREY PARK
WITH LOCAL POLICE DEPARTMENT HAS
FULLY ENCRYPTED RADIO
COMMUNICATIONS. THE PUBLIC WAS
NOT NOTIFIED OF AN ACTIVE
SHOOTER FOR FIVE HOURS. AFTER
MASS SHOOTING TOOK THE LIVES
ELEVEN PEOPLE. LAST JANUARY.
CILIATA RECOGNIZE THE IMPORTANCE
OF POLICE READY TRANSPARENCY
ALREADY. EMAIL DISTRICT IN PALO
ALTO THE POLICE DEPARTMENT HAD
FULLY ENCRYPTED. THE
COMMUNICATIONS BUT SOON
DECRYPTED TO MAINTAIN
TRANSPARENCY WITH THE COMMUNITY
. SB SEVEN ONE NINE PRESERVES
PUBLIC SAFETY BY LARA PUBLICA
SIXTH TWO ELLIE A WEIGHTY
COMMUNICATIONS REGARDING
SHOOTINGS CRASHES NATCHEZ AS IN
OTHER PUBLIC SAFETY DANCE PLAN
THAT LAYER OF ACCOUNTABILITY FOR
COMMUNITIES. THIS BILL ALSO
ALLOW AT LEAST COMPLY WITH
LEGISLATION IN MULTIPLE WAYS.
AND CAN APPRECIATE THE FEEDBACK
FROM THAT COMMUNITY TO MAKE SURE
WE REALLY DO PUT BACK IN
MULTIPLE WAYS OF COMPLYING.
INCLUDE SPECIFIC CARVE OUTS FOR
PROTECTED OR SENSITIVE
INFORMATION COVERT OPERATIONS
WERE NOT HARMING BY NOT PUTTING
ANY POLICE OFFICERS IN HARM'S
WAY AT ALL AS A RESULT OF THIS
BILL. NOW CERTAINLY NOT THE TIME
TO RESTRICT ACCESS TO POLICE
RADIO IN OUR COMMUNITIES. WE TO
INSIST TODAY. UP FOR THE GENERAL
THAT FROM THEN THE COMPANY'S
PUBLISHER C. ASIAN AND FROM KCBS
RADIO- AS IT. THANK YOU SO EACH
WITNESS WILL HAVE TWO MINUTES TO
SPEAK WE DO TIME AND- WILL THE
OTHER WITNESS ALSO- GET READY IN
LINE- AND THEN AFTERWARDS WE'RE
GONNA HAVE A SUPPORT WITNESSES
LINED UP AND I'M HOPING THAT YOU
GUYS LINE UP NOW- YOU HAVE THE
FOR TWO MINUTES THANK YOU. THANK
YOU MADAM CHAIR MEMBERS OF THE
COMMITTEE MY NAME IS BRITTANY
BAR SAUDI AND THE GENERAL
COUNSEL OF THE CALIFORNIA NEWS
PUBLISHERS ASSOCIATION HERE IN
STRONG SUPPORT OF SB SEVEN
NINETEEN. WE REPRESENT OVER
EIGHT HUNDRED PUBLICATIONS
THROUGHOUT THE STATE OF
CALIFORNIA DIED DEPEND ON POLICE
RADIO TRANSMISSIONS TO BE ABLE
TO COVER BREAKING NEWS AS WELL
AS REPORT ON HOW THOSE.
RESPONSES TO BREAKING NEWS
EVENTS OCCUR- A SURVEY OF OUR
MEMBERS FOUND LAST YEAR THAT 79%
OF OUR MEMBERS FIND MONITORING
THESE TRANSMISSIONS EXTREMELY
EFFECTIVE TO BE ABLE. TO REPORT
ON ONGOING ISSUES- AS THE
SENATOR MENTIONED WE FOUND THAT
THERE IS A REASONABLE BALANCE
AND ALTERNATIVES TO BEING ABLE
TO. GO FROM FULLY DE ENCRYPTION
THERE'S THE ONLINE STREAMING
OPPORTUNITY AND OTHER LANGUAGE
THAT WE'VE WORKED ON IN THE BILL
AND FEEL THAT THIS DOES STRIKE
THE APPROPRIATE BALANCE BETWEEN
PROTECTING PRIVACY THE PUBLIC
SAFETY AND THE PUBLIC'S RIGHT TO
KNOW. AND WITH THAT ALL
RESPECTFULLY ASK FOR YOUR I.
PHONE. THANK YOU ANY OTHER
SUPPORT WITNESSES. LEAD SUPPORT
OF THE- OUR RATE- WILL MOVE ON
TO YOURSELF. NAME ORGANIZATION
YOU SUPPORT. DESTINY MCDANIEL
AND I'M WITH THE CITIZEN APP AND
WE'RE IN STRONG SUPPORT THANK
YOU. LESLIE CALDWELL HOUSTON FOR
THE CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND SUPPORT THANK
YOU. DO WE HAVE ANY OTHER
SUPPORT NGUYEN SAYS SEEING NONE
WILL MOVE ON TO OPPOSITION
WITNESSES. LEAD OPPOSITION HAS
TWO MINUTES. SEEING NO
OPPOSITION WITNESSES TO HAVE ANY
OTHER OPPOSITION WHEN THIS IS IN
THE ROOM. SEEING NONE WILL MOVE
SORRY YOU HAVE ONE OKAY NAME
ORGANIZATION AND MORNING AT
LEAST OUR CITY KIND OF WITH THE
LEAGUE OF CALIFORNIA CITIES IN
OPPOSITION THANK YOU THANK YOU.
NOW WE WILL MOVE ON TO THOSE
WAITING TO TESTIFY VIA
TELECONFERENCE SERVICE PLEASE
YOU STATE YOUR NAME ORGANIZATION
AND POSITION MODERATOR IF YOU'D
PLEASE PROMPT INDIVIDUALS
WAITING TO TESTIFY WE WILL BEGIN
. AND IF YOU'RE IN SUPPORT- POST
OFFICE PLEASE PRESS ONE AND.
ZERO ONE MOMENT PLEASE ONCE
AGAIN IF YOU'RE IN SUPPORT.
FIRST PROPOSED PLEASE PRESS ONE
AND THEN HERE WE DO HAVE ONE ONE
MOMENT PLEASE.
THE MOMENT THEY WERE NEW. BOOK
ONLINE. EIGHT MY TWENTY EIGHT
YEAR LINE IS OPEN. OUR SECRET.
CALLING ON BEHALF OF THE DRIVERS
. IN FOR OKAY. THANK WE HAVE TO
OFFER IN Q. THANK YOU WILL NOW
BRING THE DISCUSSION BACK TO
MEMBERS TO ANY OF OUR MEMBERS
HAVE ANY QUESTIONS OR COMMENTS
OR THOUGHTS SENATOR SKINNER. I
MOVE THE BILL I'M NOT SURE WHY
THE LEAGUE OF CITIES WOULD
OPPOSE IT I THINK THIS IS
IMPORTANT- PUBLIC POLICY FOR
TRANSPARENCY AND APPRECIATE THE
OFFER BRING IN IT AND I MISS IT
THOUGH THANK YOU SENATOR WOULD
YOU LIKE CLOSE. RESPECTFULLY ASK
RIVAL THANK YOU WE HAVE A MOTION
BY SENATOR HAS SKINNER- IT HAS
BEEN MOVED- CHEMICAL ROLL CALL
SB SEVEN ONE NINE MOTIONS TO
PASS TO APPROPRIATIONS CENTER A
HUB HI I- JOB OF. FRAT BURKE
SKINNER HI SKINNER I'VE WIENER
RIGHT WIENER AYE. THE BILL BEEN
PLACED ON CALL THANK.
YEAH. IF YOU CAN.
ALL RIGHT WE WILL NOW HEAR ON
PRESENT CATION ON- ITEM NUMBER
AND- FOURTEEN SB SEVEN FIFTY
THREE BY SENATOR CAFIERO SENATOR
BOB IT'S PRESENTED THANK YOU I
SENATOR CABALLERO IS PRESENTING
SENATE BILL SEVEN FIVE THREE
SHE'S UNABLE TO ATTEND TO SO I
AM HERE ON HER BEHALF THIS BILL
WILL ENHANCE THE PENALTY
PUNISHABLE AS A MISDEMEANOR OR
FELONY ALSO KNOWN AS A WOBBLER
IF AN OPERATOR OR AN ILLEGAL
CANNABIS GROW SITE IS FOUND TO
HAVE STOLEN WATER. TAMPERED WITH
WATER INFRASTRUCTURE OR DOG IN
ON PERMITTED WELL CALIFORNIA'S
ARID CLIMATE MEANS THAT EVERY
YEAR REGARDLESS OF THE YEARS
RAIN OUTPUT OUR WATER RESOURCES
ARE STRETCHED THIN CLIMATE
CHANGE IS EXACERBATING
CALIFORNIA'S DRY SEASON AND AS A
RESULT THE STATE IS EXPERIENCING
MORE FREQUENT AND LONGER LASTING
PERIODS OF SEVERE EXTREME AND
EXCEPTIONAL. EXAMPLES OF WATER
THEFT BY LICIT CANNABIS GROWS
THE STATE ARE PROLIFIC IN TWENTY
TWENTY THE BROOKINGS INSTITUTE
ESTIMATED THAT UPWARDS OF NINE
POINT FIVE MILLION GALLONS OF
WATER WAS DIVERTED BY ILLEGAL
CANNABIS ACTIVITIES THAT THAT'S
DRINKING WATER FOR OUR
COMMUNITIES WATER FOR
ENVIRONMENTAL HABITAT THAT
SUPPORT FISH AND WILDLIFE AND
WATER TO HELP COMBAT FORCE
FIRE'S. CURRENT LAW DOES NOT
PROVIDE A DETERRENCE OR RESOURCE
TO TRACK AND STOP THE LISTED
ACTIVITIES OF A MULTI BILLION
DOLLAR CRIMINAL INDUSTRY THE
STATE WATER RESOURCES CONTROL
BOARD HAS THE AUTHORITY TO FIND
ILLEGAL CANNABIS OPERATIONS UP
TO A THOUSAND DOLLARS A DAY FOR
STEALING WATER. BUT FOR THIS
LEVEL OF CRIMINAL ACTIVITY A
FINE IS SIMPLY NOT ENOUGH. IN
TWENTY EIGHTEEN STATE OFFICIALS
CHARGED OVER ONE MILLION DOLLARS
IN FINES TO OVER ONE THOUSAND
WATER RIGHTS VIOLATORS YET WE
CONTINUE TO SEE A GROWING
PROBLEM. FOR YEARS THOUSANDS OF
ILLICIT CANNABIS GROWERS
PRIMARILY IN RURAL AREAS HAVE
INCREASED THE RISK OF THE HEALTH
AND SAFETY OF CALIFORNIANS TO
WILDLIFE AND- OR GROUND WATER
SUPPLY. ILLICIT CANNABIS
CULTIVATORS FREQUENTLY ENGAGE IN
WATER THEFT AN ENVIRONMENTAL
POLLUTION AS PART OF THEIR
OPERATIONS. THE EXTENSIVE USE OF
PESTICIDES NIGHT OCT NITRATES
AND OTHER POLLUTE GROUNDWATER
SUPPLIES IN REVERSE MAKING THE
WATER UNFIT FOR DRINKING AND
CAUSING HARM TO WILDLIFE. THIS
LEGISLATION CLARIFIES ECSTASY
EXISTING STATE LAW TO. PENALIZE
GROUNDWATER POLLUTION AND WATER
THEFT IN CASES OF ILLEGAL
CANNABIS GROWING FOR OUR FORMING
. THE GOAL OF THIS BILL IS TO
PROTECT ONE OF OUR MOST VALUABLE
RESOURCES WATER AND PUNISH THE
BEHAVIOR OF THE LISTED CANNABIS
CULTIVATORS THAT REFUSED TO GET
LICENSE. AND UNDERMINE THE WORK
THAT WE'VE DONE TO PROMOTE THE
LEGAL AND SAFE CONSUMPTION OF
CANNABIS PRODUCTS. FOR ALL THESE
REASONS I ASK THAT YOU CONSIDER
ADDING CRIMINAL PENALTIES I
BELIEVE THAT PUNISHING THIS
ACTIVITY AS A CRIMINAL OFFENSE
IS NOT ONLY WARRANTED BUT ALSO
ALSO ABSOLUTELY CRITICAL TO
PROTECT OUR NATURAL RESOURCES
AND AFFORDABLE COMMUNITIES WERE
DEPENDENT ON DWINDLING WATER
SUPPLIES AND DELIVERIES. WITH ME
TODAY TO TESTIFY IN SUPPORT OF
THE BILL AND FACILITATE
QUESTIONS HIS SID NAG. POLICY
ADVOCATE WITH RURAL COUNTY
REPRESENTATIVES OF CALIFORNIA.
THANK YOU TERRIBLE HARM- MY NAME
IS TO THE HEART THE KNOWLEDGE
AND I'M HERE WITH WILL COUNTY
REPRESENTATIVES OF CALIFORNIA
WOULD LIKE TO THANK SENATOR
COPIER FOR. CONTINUED LEADERSHIP
IN THE SPACE I'M SURE FOR HER-
SUBBING IN FOR SENATOR KABIR
TODAY. ILLEGAL CANNABIS REMAINS
A SERIOUS THREAT IN CALIFORNIA
LEGAL CULTIVATORS COMBAT WORKER
EXPLOITATION WATER THEFT AND
ENVIRONMENTAL POLLUTION IS PAR
FOR COURSE WITH THEIR LEGAL
PRODUCTION. BIGGEST SITES CAN GO
UNDETECTED FOR YEARS THE
ENVIRONMENTAL DAMAGE THEY CAUSE.
CAN BE TRULY DEVASTATING
OVERTIME. ON TOP OF THESE
ORDINARY EXTRAORDINARY
CHALLENGES COUNTIES PLAGUED WITH
ILLICIT CULTIVATION. OF ALSO
BEEN RECKONING WITH HISTORIC
DROUGHT. AND EXTREME WATER
SCARCITY. COUNTY IS THAT RELY ON
KEY WATERWAYS LIKE THE RUSSIAN
RIVER IN MENDOCINO COUNTY OR
FORCING A GREATER CHALLENGE
WHETHER CONSTRAINED SUPPLIES
SIPHONED BY. ILLEGAL ACTORS IN
ONE MENDOCINO COUNTY WATER
DISTRICT FOR INSTANCE STOP FROM
HYDRANTS. FORCED LOCAL
AUTHORITIES TO LOCK THOSE
HYDRANTS GREATLY COMPLICATING
IMPEDING THEIR EMERGENCY
RESPONSE ANOTHER DISTRICT
DESPITE OPERATING UNDER NEW.
OKAY MORATORIUM- SUFFERED
MULTIPLE- NEARLY A DOZEN
INCIDENTS OF WATER THEFT GREATLY
TAXING THEIR WATER SUPPLY. OUR
CURRENT PENALTIES NOT STRONG
ENOUGH TO TURN THE VISUALS FROM
ENGAGING THIS ACTIVITY. AND THEY
DO NOT SPECIFICALLY RECOGNIZE
THE HARMS FROM BETTER LEGAL
ACTIONS POSE. TO OUR WATER
RESOURCES INCLUDING ON PERMITTED
WELLS TO OUR GROUNDWATER. I NEED
TO GO ON I THANK YOU NOT GONNA
SPECIALLY FOR SEVERAL A FEW THIS
COMMITTEE TODAY ABOUT HOW THE
LEGAL SECTOR GREATLY IMPAIRS THE
ABILITY. OF LEGAL CULTIVATORS TO
SURVIVE THE ECONOMIC CHALLENGES
THEY FACE IN THE MARKET. SB
SEVEN FIFTY THREE REFLECTS
AMENDMENTS REQUESTED BY THIS
COMMITTEE IN A PREVIOUS VERSION
OF THIS BILL. WE THANK THE
AUTHOR FOR SUPPORT I THANK THE
CHAIR ONCE AGAIN PER SERVING IN
AND- I'M HERE TO ANSWER ANY
QUESTIONS THANK YOU THANK YOU.
ME I'M GONNA SEE IF THERE'S ANY
OTHER WITNESSES IN SUPPORT JUST
YOUR NAME AND- AFFILIATION YES
MADAM CHAIR AND MEMBERS AMY
JENKINS ON BEHALF OF CAMPUS
COMPANIES CAN CRAFT AND MARGIN
ASH AS WELL AS THE COUNTY OF
SAMBAR DINO IN STRONG SUPPORT.
THANK YOU MADAM CHAIR MEMBERS
EARN A FREE WITH THE CALIFORNIA
SPECIAL DISTRICTS ASSOCIATION IN
SUPPORT THANK YOU. ANY OTHER
WITNESSES IN SUPPORT IN THE ROOM
. ALL RIGHT THEN WE'LL HEAR FROM
OUR LEAD WITNESS IN OPPOSITION.
WE HAVE A LEAD WITNESS IN
OPPOSITION. ALL RIGHT DO WE HAVE
ANY OPPOSITION IN THE ROOM WHO
WANTS TO COME TO THE- SYNDICATE
YOUR NAME AND AFFILIATION MONEY
CAN SEVEN DISCO PUBLIC
DEFENDER'S OFFICE IN OPPOSITION.
TO ANYBODY ELSE. RIGHT SEEING
THE WEATHER IN THE ROOM THEY
WILL GO TO THE PHONE LINES. AND
THIS CAN EITHER OPPOSITION OR
SUPPORT IN JUST YOUR NAME AND
AFFILIATION GO AHEAD PHONE LINES
. AND IF YOU'RE IN SUPPORT OR
OPPOSE PLEASE PRESS ONE THEN
ZERO AT THIS TIME. IF GOING TO
QUEUE AT THIS TIME PLEASE
CONTINUE OKAY SO- ANY QUESTIONS
OR COMMENTS BY OUR- COMMITTEE
MEMBERS. HI I WOULD JUST SAID
THAT WE VOTED ON A BILL VERY
SIMILAR TO THIS LAST YEAR I
SUPPORTED IT. SO I WILL BE
SUPPORTING IT AGAIN- WE CAN
HAPPY AUTHOR CLOSES HERE
SOLUTION. THANK YOU- FURTHER.
FOR THE TEST MONEY TODAY I
CANNOT OVERSTATE THE IMPORTANCE
OF THIS MEASURE TO ENSURE STATES
WATERS PROTECTED AND WE CONTINUE
TO SUPPORT THE LEGAL CANNABIS
INDUSTRY THAT OPERATES WITHIN
THE PARAMETERS OF THE LAW. IF WE
CAN DETER CRIMINAL BEHAVIOR BY
ENHANCING PENALTIES THIS BILL
WILL NOT ONLY SUCCEED IN
PROTECTING VALUABLE WATER
RESOURCES BUT WILL ALSO HELP TO
RESTRAIN THE LEGAL MARKET THE
STATE HAS AN OBLIGATION TO
PROTECT OUR NATURAL RESOURCES
AND THAT'S WHAT THIS BILL WILL
DO. I DO ALSO JUST PERSONALLY
WANT TO ADD WATER IS LIFE AND WE
HAVE A LIMITED RESOURCES THANK
YOU AND I RESPECTFULLY REQUEST
YOUR AYE VOTE ON BEHALF OF
SENATOR CABALLERO. WE HAVE A
MOTION. SEVEN YEAH. OKAY SO
MOVED ALL RIGHT SO WE HAVE A
MOTION. AND WE'VE GOTTEN THE
CLOTHES SO LET'S DO A ROLL CALL
. SB SEVEN FIFTY THREE MOTIONS
THE PAST TO NATURAL RESOURCES
SENATOR ROB HI. I HAVE A JOB OF
. RADFORD SKINNER. HI SKINNER
AYE WIENER. WIENER AYE. SO THE
BILL'S ON CALL. AND- NOW WE WILL
GIVE THIRTY GAVEL BACK TO THE
CHAIR. THANK YOU. THE SCHOOL.
RIGHT WE HAVE. SENATOR SAY ARGO
. WHO WILL BE PRESENTING SB.
FOUR FIFTY THREE. THE FLOOR IS
YOURS. THANK YOU VERY MUCH. AND
THANK YOU CHAIR COMMITTEE FOR
HEARING THIS IMPORTANT BILL-
THIS IS S. B. FOUR FIFTY THREE
AND IT IS A GOOD BECAUSE COURT
EXTENSION BILL. SB FOUR FIFTY
THREE WOULD PROVIDE CLEAR
GUIDELINES AS TO WHAT
CONSTITUTES GOOD BECAUSE- FOR
EXTENDING CERTAIN COURT
DEADLINES. CURRENT STATE AND
FEDERAL LAW BESTOWS A CRIMINAL
DEFENDANT WITH THE RIGHT TO A
SPEEDY AND FAIR TRIAL
CONSEQUENTLY CALIFORNIA PENAL
CODE OUTLINED VARIOUS PROCEDURAL
DEADLINES THAT MUST BE MET
RELATING TO THE TIMING OF THE
DEFENDANT'S TRIAL DATE OF THOSE
DEADLINES ARE NOT MET AS
SPECIFIED IN STATUTE THEN THE
CASE MAY BE DISMISSED. HOWEVER
CALIFORNIA PENAL CODE THIRTEEN
EIGHTY TWO ALLOWS EXTENSIONS TO
BE MADE FOR THESE DEADLINES IF
THERE IS GOOD CAUSE.
UNFORTUNATELY WHAT CONSTITUTES
GOOD CAUSE IS NOT CLARIFIED IN
LAW IS LEGAL IN THE AMBIGUITY
HAS LED TO RELEASE OF DEFENDANTS
CHARGED WITH VIOLENT AND
DANGEROUS CRIMES WITH ZERO
ACCOUNTABILITY WHILE DEFENDANT
RIGHTS ARE A FOUNDATIONAL VALUE
OF OUR COUNTRY AND STATE
FAIRNESS AND JUSTICE ARE EQUALLY
ESSENTIAL TO THE WELFARE OF THE
PEOPLE. THE ADDITIONAL BURDENS
PERSISTING FROM THE RECENT
COVERT NINETEEN PANDEMIC AND
CALIFORNIA'S PURSE ARE PERPETUAL
JUDGESHIP SHORTAGE. HAVE YET TO
BE ACCOUNTED FOR IN STATE
POLICY. EXPLICIT GOOD BECAUSE
GUIDELINES FOR EXTENDING THE
STATUTORY COURT DEADLINES WILL
HELP TO BETTER ADDRESS. THE
INCREASINGLY OVERWHELMING
CASELOADS WHILE ENSURING A FAIR
TRIAL FOR ALL PARTIES INVOLVED.
S. B. FOUR FIFTY THREE WOULD
CLARIFY THAT THE GOOD CAUSE GOOD
BECAUSE TERM FOR THE PURPOSE OF
EXTENDING CERTAIN COURT
DEADLINES SHALL INCLUDE BUT NOT
BE LIMITED TO. INSTANCES IN
WHICH EITHER PARTY A SUBJECT
BRIEF ILLNESS QUARANTINE
INABILITY TO ACCOMMODATE WITNESS
AVAILABILITY DESPITE DILIGENCE
OR INSUFFICIENT COURT ROOM STAFF
AVAILABILITY. WITH ME TODAY TO
TESTIFY I HAVE DEPUTY DISTRICT
ATTORNEY JESSE. AN ASSISTANT
DIRECTOR OF VICTIMS SERVICES
DIVISION PATRICIA CARDENAS FROM
THE RIVERSIDE COUNTY DISTRICT
ATTORNEY'S OFFICE. LEAD WITNESS
YOU HAVE TWO MINUTES WE WILL BE
TIMING THANK YOU THANK YOU GOOD
MORNING MADAM CHAIR AND
COMMITTEE MEMBERS MY NAME IS
JESSE MAIL I AM A PROSECUTOR IN
RIVERSIDE COUNTY WHERE ONE
THOUSAND SEVEN HUNDRED EIGHTY
TWO CASES. HAVE BEEN DISMISSED
FOLLOWING THE EXPIRATION OF
EMERGENCY ORDERS THIS BILL WOULD
ADOPT AS A MATTER OF LAW THE
LEGAL COMPLETE CONSENSUS THAT
INDIVIDUAL AND PUBLIC HEALTH ARE
GOOD REASONS FOR NOT MEETING THE
STATUTORY DUE DATE FOR TRIAL.
THIS BILL IS NECESSARY BECAUSE
IT IS ENTIRELY UP TO THE
DISCRETION OF FALLIBLE HUMAN
BEINGS AS TO WHETHER TO APPLY
CASE LAW THAT PROVIDES WELL
REASONED ANALYSES AS TO WHY BOTH
INDIVIDUAL AND PUBLIC HEALTH
MEET THE STANDARD FOR GOOD CAUSE
UNDER SECTION THIRTEEN EIGHTY
TWO. I HAVE SEEN INDIVIDUAL
ILLNESS USED AS A LITIGATION
STRATEGY AND IT IS DEMORALIZING
TO SEE THAT BE AN ISSUE IN
LITIGATION I HAVE HEARD VICTIMS
OF DOMESTIC VIOLENCE DESCRIBED
YEARS OF ABUSE. BEFORE THEY
GAINED THE COURAGE TO REPORT
THEIR VIEWS- I HAVE SAT WITH THE
GRANDMOTHER SEEKING JUSTICE FOR
THE GRANT CHELSEA LOST IN
VEHICULAR HOMICIDE. IT IS POOR
PUBLIC POLICY SELECT WIDE SCALE
ILLNESS LIKE ¡ANDEMIC
LEVERAGE FOR INDIVIDUAL GAIN IN
LITIGATION OR AS LEVERAGE TO
EXTRACT ADDITIONAL FUNDING FROM
THE LEGISLATURE. UNTIL THE
VICTIMS OF WITH NO RECOURSE AND
NO JUSTICE. THIS BILL WOULD STOP
INDIVIDUAL HEALTH CODE
SKEPTICISM OR FRUSTRATION. WITH
PUBLIC HEALTH ORDERS FROM BEING
WEAPONIZED INTO LITIGATION THIS
BILL WOULD NOT INFRINGE
CONSTITUTIONAL SPEEDY TRIAL
RIGHTS WHICH COULD STILL BE
RAISED IN APPROPRIATE MOTIONS.
THIS BILL WOULD NOT PERMIT
INDEFINITE CONTINUANCES AS A
RELEVANT QUESTION IS ALWAYS THE
DURATION OF DELAY NEEDED. THE
USE OF THE TERM FOLLOWING IN
SUBDIVISION THE FOURTH LEAVES
THE ISSUE OPEN TO JUDICIAL
INTERPRETATION AS TO WHEN
CONGESTION FOLLOWING PANDEMIC IS
NO LONGER ATTRIBUTABLE TO THE
PANDEMIC. BUT THE LEGISLATURE
FAILURE TO PROVIDE RESOURCES AND
A SINGLE WITNESSES
UNAVAILABILITY WOULD NOT PERMIT
REPEAT CONTINUANCES AND LARGE
MULTI DEFENDANT CASES UNDER
SUBDIVISION DUE TO. BECAUSE THE
LENGTH OF TIME NEEDED FOR SUCH
CASES MEANS THAT WITNESS
AVAILABILITY IS EASILY ADDRESSED
BY SCHEDULING WITH IN TRIAL THE
TWO WOULD BE MOST APPLICABLE TO
SMALLER CASES LIKE DOMESTIC
VIOLENCE AND DO YOU ARE WITH A
SHORT LENGTH OF TRIAL DOES NOT
PROVIDE SUCH FLEXIBILITY. THESE
MISDEMEANOR DUI DOMESTIC CASES
ARE MOST FREQUENTLY DISMISSED IN
RIVERSIDE RECENTLY. AND WOULD
NOT HAVE RESULTED IN PRISON
SENTENCES BUT MOST LIKELY
PROBATION PROVIDING
REHABILITATIVE SERVICES INSTEAD
OF ADJUDICATION ON THE MERITS
DEFENDANTS GO WITHOUT
REHABILITATE SERVICES TIMES
OVER. THANK THANK YOU MADAM
CHAIR. DO WE HAVE ANY OTHER.
SUPPORT WITNESSES LEAD SUPPORT.
TWO MINUTES THANK YOU FOR. GOOD
MORNING MADAM CHAIR AND
COMMITTING. I AM PETTY OF AN US
DIRECTOR WITH THE DIVISION OF
THE SERVICES AT RIVERSIDE COUNTY
DISTRICT ATTORNEY'S OFFICE I'M
HERE IN SUPPORT OF S. B. FOUR
FIFTY THREE AND TO SHARE
CONCERNS RIVERSIDE COUNTY
RESIDENTS HAVE EXPRESSED TO US
AS THEY'VE EXPERIENCED THE LIFE
ALTERING IMPACTS. OF MINE AND
RECENT CASE DISMISSALS UNDER
SECTION THIRTEEN EIGHTY TWO. IT
IS INCREDIBLY IMPORTANT FOR THIS
COMMITTEE TO BE INFORMED OF THE
PUBLIC SAFETY CRISIS IN
RIVERSIDE COUNTY THAT IS
IMPACTING OUR RESIDENTS AND RE
VICTIMIZING SURVIVORS. THE
DISMISS CASES INCLUDE SERIOUS
AND VIOLENT FELONIES SUCH AS
INTIMATE PARTNER VIOLENCE SEXUAL
ASSAULT AND HUNDREDS OF DRIVING
UNDER THE INFLUENCE CASES. OUR
VICTIM SERVICES SPECIALISTS ARE
TASKED WITH NOTIFYING VICTIMS OF
THEIR RIGHTS PER MARSY'S LAW.
AND WITH SUPPORTING VICTIMS WHO
ARE IN CRISIS FOLLOWING THE
VICTIMIZATION. RECENTLY THIS HAS
INCLUDED WILLING THE DEVASTATING
NEWS THAT THEIR CASE MAY BE
DISMISSED. THESE VICTIMS ARE
LEFT UNDERSTANDABLY OUTRAGED AND
THEIR FAITH IN OUR JUSTICE
SYSTEM FRACTURED. IN THE VICTIM
THAT INNER PEOPLE VERSUS CRADOCK
THE VICTIM WAS WRITING MORE
MOTORCYCLE AND SUFFERED SERIOUS
BODILY INJURIES AFTER BEING
STRUCK BY VEHICLE AND DRAGGED
ACROSS THE ASPHALT BY A DRUNK
DRIVER. WHEN TOLD THE CASE WOULD
BE DISMISSED BECAUSE THERE WAS
NO COURT ROOM AVAILABLE OUR
VICTIM FELT COMPELLED TO
EXERCISE HIS CONSTITUTIONAL
RIGHT TO BE HEARD. AND DRIVE
THROUGH THE NIGHT FROM IDAHO TO
RIVERSIDE. TO ADDRESS THE COURT
IN PERSON HELLO THE COURT KNOW
THIS CRIME HAD SEVERELY EVER AND
EVER VOCAL BLEAK IMPACTED HIS
ENTIRE LIFE. UNABLE TO REGAIN
HIS BALANCE AS HE STRUGGLED TO
RECOVER FROM FIFTH PHYSICAL
INJURIES. HIS MOBILITY IS NOW
IMPAIRED. DUE TO THE DISMISSAL
HE DID NOT RECEIVE A RESTITUTION
ORDER AND HE'S BEEN UNABLE TO
RECOVER FINANCIALLY FOR HIS
MEDICAL BILLS AND LOSS OF
PROPERTY. IN A DISMISSED SEXUAL
ASSAULT CASE PEOPLE VERSUS OR
TEASE THE DEFENDANT WAS A SENIOR
PASTOR AT A LOCAL COMMUNITY
CHURCH. THE DISMISSAL CAUSED
EXTREME EMOTIONAL DISTRESS TO
THE MINOR VICTIM AND HER FAMILY.
WHO BELIEVE THE COMMUNITY IS
LEFT VULNERABLE FOR MORE
VICTIMIZATION. BECAUSE THE
DEFENDANT WAS NOT MADE
ACCOUNTABLE. THESE CHARGES WERE
REGISTER ABRIL FENCES. AND IF
I'M TRUE WOULD HAVE GIVEN THE
PUBLIC THE OPPORTUNITY TO BECOME
AWARE OF THE PASTORS REPORT
ACTIONS WITH MINORS. IT IS
REASONABLE TO MAKE THE END OF-
MAKE INDIVIDUAL AND PUBLIC HAVE
SITUATIONS YES. MA'AM THANK YOU.
THANK YOU. I DO A PRE YOUR CALL-
WE WILL MOVE ON TO. WITNESSES IN
SUPPORT IN THIS ROOM PLEASE
STATE YOUR NAME YOUR
ORGANIZATION THAT YOU SUPPORT.
GOOD MORNING AGAIN ID
FITZPATRICK MANAGING DEPUTY
DISTRICT ATTORNEY AT THE
RIVERSIDE COUNTY DISTRICT
ATTORNEY'S OFFICE REPRESENTING
THE CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION IN STRONG
SUPPORT THANK YOU. THANK YOU. DO
WE HAVE ANY OTHER WITNESSES IN
SUPPORT. SEEING NONE WE WILL
MOVE ON TO OPPOSITION LEAD
WITNESSES YOU HAVE TWO MINUTES.
GOOD MORNING MEMBERS OF THE
COMMITTEE MY NAME IS OLIVER
CROWE I'M AN ATTORNEY AT THE SAN
FRANCISCO PUBLIC DEFENDER WE
OPPOSE SENATE BILL FOUR FIVE
THREE BECAUSE IT WOULD SEVERELY
UNDERMINE THE RIGHT TO A SPEEDY
TRIAL THE MOST FUNDAMENTAL RIGHT
THE YOU HAVE. IF YOU'RE ACCUSED
OF A CRIME WE KNOW FROM RECENT
EXPERIENCES THE INJUSTICES THAT
RESULT. WHEN THE SPEEDY TRIAL
RIGHTS IS DISREGARDED WE
REPRESENTED A WOMAN. A MOTHER OF
A TEENAGE DAUGHTER WHO WAS
WRONGLY ACCUSED OF AIDING AND
ABETTING HOMICIDE. SHE SPENT TWO
AND A HALF YEARS IN JAIL WITHOUT
TRIAL. WHEN FINALLY HER CASE
CAME BEFORE JURY THERE WAS SO
LITTLE EVIDENCE THAT THE JUDGE
ACTUALLY DISMISSED THE CASE
BEFORE IT EVEN REACHED THE JURY.
BUT HER DAUGHTER HAD TO GROW UP
TO TWO AND A HALF YEARS WITHOUT
A MOTHER. WE REPRESENTED ANOTHER
MAN WHO WAS IN JAIL FOR A YEAR
WITHOUT TRIAL AND FINALLY WHEN
HE GOT HIS CASE TO A JURY HE WAS
ACQUITTED. WITHIN ONE HOUR
THAT'S WHAT HAPPENS WHEN SPEEDY
TRIAL RIGHTS- DISREGARDED AND
THAT'S EXACTLY THE PROBLEM WITH
SENATE BILL FOUR FIVE THREE. IT
WOULD COST SO MANY EXCEPTIONS
INTO THE SPEEDY TRIAL RIGHTS TO
MAKE IT ALMOST MEANINGLESS. IT
WOULD ALLOW DELAYS WHENEVER ANY
WITNESS IS UNAVAILABLE DOESN'T
HAVE TO BE A MATERIAL WITNESS
DOESN'T MATTER IF OTHER
WITNESSES COULD TESTIFY TO THE
SAME FACTS. AND IT WOULD ALLOW
DELAYS FOLLOWING AN EMERGENCY
WITHOUT ANY SHOWING THAT THOSE
DELAYS WERE CAUSED BY AN
EMERGENCY AND IT PUTS NO LIMITS
ON THE NUMBER OF TIMES THE
CONTINUANCES COULD BE GRANTED.
THIS BILL IS UNNECESSARY BECAUSE
COULD NINETEEN ALREADY IS GOOD
CAUSE FOR DELAY UNDER LONG
ESTABLISHED. CALIFORNIA LAW. AND
OF COURSE THE HARM THAT THIS
BILL WOULD CAUSE WOULD NOT FORTY
GLOBAL COMMUNITIES. IN SAN
FRANCISCO JUST 6% OF THE
POPULATION IS BLACK. BUT IF YOU
LOOK AT PEOPLE WHO DETAINED.
PAAS THE DEADLINE IN JAIL 50% OF
BLACK. AND NOT DRIVES INEQUITIES
ELSEWHERE IN THE SYSTEM. SO WE
WOULD RESPECTFULLY ASK YOU. TO
VOTE NO ON THIS MEASURE. THANK
YOU NEXT LEAD WITNESS YOU ONLY
HAVE TWO MINUTES. GOOD MORNING
LESLIE CALDWELL HOUSTON FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION. FIRST IN REGARDS TO
THE RIVERSIDE SITUATION.
ACCORDING TO A RIVERSIDE
PRESIDING JUDGES. PRESS RELEASE
NOT THAT LONG AGO. 94% OF
DISMISSED CASES ARE MISDEMEANORS
LIKELY ALL OUT OF CUSTODY. THE
PROBLEMS OF RIVERSIDE'S COURT
CONGESTION ARE DUE TO DECADES OF
UNDERFUNDING FROM THE STATE. AS
FAR AS BACK AS THE EARLY TWO
THOUSANDS JUDGES WERE SENT FROM
ALL OVER THE STATE TO RIVERSIDE
TO HELP THEM WITH THEIR
CONGESTION. THIS BILL IS NOT
NECESSARY. THIS BILL TAKES FAR
TOO SIMPLE AN APPROACH TO A VERY
COMPLEX AREA OF THE LAW IN SO
DOING THIS BILL ATTEMPTS TO UNDO
MANY DECADES OF CONSISTENT CASE
LAW. AND TO ALLOW THE MOST ALLOW
MOST ALMOST INDEFINITE
CONTINUANCE IS LEADING TO
ENDLESS INCARCERATION PEOPLE
DETAINED WITHOUT TRIAL LOSE
THEIR HOUSING THEIR JOBS CUSTODY
OF THEIR CHILDREN CONTACT WITH
THEIR FAMILIES AND ARE FURTHER
PUSHED TO THE MARGINS OF
SOCIETY. SO LENGTHLY- AND OVER
LENGTHY PRETRIAL DETENTION IS
ITSELF A PUBLIC SAFETY ISSUE.
EXISTING LAW ALREADY ADDRESSES
THE ISSUES RAISED BY THIS BILL
FOR INSTANCE THE FAILURE OF A
PROPERLY- SUBPOENAED WITNESS IS
ALREADY GOOD CAUSE TO CONTINUE A
PROSECUTOR'S INABILITY TO
SUBPOENA AFTER A DEMONSTRATION
OF GOOD FAITH. CAN LEAD TO GOOD
BECAUSE FOR A CONTINUANCE A
PROSECUTOR'S FAILURE TO SUBPOENA
DUE TO INABILITY TO LOCATE THE
WITNESS CAN BE CONSIDERED
EXCUSABLE NEGLECT AND COULD BE
REFILED CHARGES FOR A THIRD
TIME. COURTS HAVE ALREADY HELD
THAT MEDICAL QUARANTINE IS GOOD
CAUSE TO CONTINUE HOBART
NINETEEN GOOD CAUSE TO CONTINUE.
A DELAY CAUSED BY JUDICIAL
EMERGENCY THAT LED TO TIME. AND
WHEN HIS FIRST AS IT HIT KNOW
APPRECIATE IT BEING WEIRD
BECAUSE OF. WE WILL NOW MOVE ON
. OPPOSITION WITHIN PLEASE STATE
YOUR NAME YOUR ORGANIZATION THAT
YOU OPPOSE GOING BACK A CELL
BAKER CENTER POST THANK YOU. AT
THE DIMARTINO CALIFORNIANS FOR
SAFETY AND JUSTICE OPPOSED. MANI
COMMON SENSE OF A DEFENDER'S
OFFICE OPPOSED AND OPPOSITION ON
BEHALF OF COMMUNITY UNITED FOR
RESTORATIVE JUSTICE THANK YOU. A
DANIEL SHOP FIELD FELONY MURDER
ELIMINATION PROJECT OPPOSE.
MICHAEL GARCIA AND ROSE GOLD
INITIATIVE UC BERKELEY IN OF
OPPOSITION. KAREN MCCALL
UNDERGROUND COLLISION ISSUE THAT
UC BERKELEY IN OPPOSITION.
ELIZABETH BROWN UNDERGROUND
SCHOLARS INITIATIVE OPPOSED.
ALL RIGHT WE'LL MOVE ON TO
WITNESSES WAITING TO TESTIFY VIA
TELECONFERENCE ARVEST PLEASE YOU
STATE YOUR NAME ORGANIZATION AND
POSITION MODERATOR IF YOU'D
PLEASE PROMPT INDIVIDUALS
WAITING TO TESTIFY. TO PROVIDE
PUBLIC COMMENT IN SUPPORT OR
OPPOSITION TO IT THAT HE OR FIVE
THREE PLEASE PRESS ONE AT THE-
TIME. AND FIRST PLAYER FROM LINE
TWENTY FIVE. SUREMARK ON BEHALF
OF CALIFORNIANS AND FOR CRIMINAL
JUSTICE IN OPPOSITION. AND NEXT
WE'LL HEAR FROM ONE THIRTY.
MARKAKIS FROM LEGAL SERVICES FOR
PRISONERS WITH CHILDREN AND OUR
FOLKS. AND WE HAVE NO FURTHER
COMMENT AT THIS TIME THANK YOU
WILL NOW BRING THE DISCUSSION
BACK TO MEMBERS MEMBERS TOO MANY
OF OUR MEMBERS HAVE ANY
QUESTIONS COMMENTS OR THOUGHTS.
SEEING NONE- WE WILL MOVE ON A
SENATOR WOULD YOU LIKE TO CLOSE
YES I WOULD PLEASE THANK YOU. SO
MEMBERS LET ME BE CLEAR- THE
DECADES LONG JUDGESHIP SHORTAGE
ACROSS THE STATE AND
PARTICULARLY IN RIVERSIDE COUNTY
IS NOTHING SHORT OF A PUBLIC
SAFETY EMERGENCY. THE BILL SB
FOUR FIFTY THREE DOES NOT CREATE
A NEW CONCEPT EXISTING GOOD
CAUSE PROVISION ALLOWING THE
EXTENSION OF TRIAL DATES HAS
NEVER BEFORE BEEN CONSIDERED A
VIOLATION OF THE RIGHT TO A
SPEEDY TRIAL. MY BILL SIMPLY
PROVIDES LEGISLATIVE CLARITY FOR
THIS LONG ESTABLISHED PRACTICE.
TO ALLOW HIM TO ELIMINATE
PROCEEDINGS. FOR A CASE
ALTOGETHER IS NOT AN EFFICIENT
SOLUTION IT'S A FAILURE OF ONE
OF OUR MOST FUNDAMENTAL
INSTITUTIONS. ACCESS TO A
FUNCTIONING JUDICIAL SYSTEM IS A
BASIC RIGHT FOR ANYONE LIVING IN
CALIFORNIA. WE NEED TO DO
EVERYTHING WE CAN TO PROVIDE THE
NECESSARY GUIDANCE. IN STATUTE
TO ENSURE THAT THAT RIGHT IS
PROTECTED. MY BILL S. B. FOUR
FIFTY THREE PROVIDES NECESSARY
COMMONSENSE STANDARDS THAT WILL
HOLD HOLD JUDGES ACCOUNTABLE TO
ENSURE TRIALS ARE HELD FOR ALL
CASES OF MERIT. AND NOT LAZILY
DISMISSED ON THE GROUNDS OF
STRAINED CAPACITY SO THE
EVERYBODY REGARDLESS OF STATUS
OR BACKGROUND CAN BE GUARANTEED.
THEIR DAY IN COURT. ONE OF THE
COMMENTS- CONCERNED. THAT THE
DISPROPORTIONATE EFFECT ON BLACK
AND BROWN PEOPLE. AND THIS
ALWAYS DISAPPOINTS ME BECAUSE
THE VICTIMS. ARE
DISPROPORTIONATELY BLACK AND
BROWN PEOPLE AND WE NEVER TALK
ABOUT THEM. WE NEED TO TALK
ABOUT THEM. WE NEED LAWS THAT
PROTECT OUR VICTIMS AND WHEN
LAWS AREN'T WORKING WE NEED TO
RAIN THOSE IN. SO THAT WE CAN
PROTECT. ALL OF OUR COMMUNITIES
. FURTHERMORE MY BILL DOES
NOTHING TO ENHANCE OR MODIFY
SENTENCING. NOR DOES IT CHANGE
ANYTHING FROM HOW A BIT BY BIT
BAIL IS DONE THE NOTION THAT
THIS WILL LEAD TO INCREASED PRE
TRIAL INCARCERATION IS ABSURD.
CONSIDERING MOST OF THE ACCUSED
WILL BE RELEASED ON THEIR OWN
RECOGNIZANCE. JUST AS THEY ARE
NOW UNDER EXISTING LAW. UNTIL
THE STATE. STEPS UP. AND
PROVIDES THE APPROPRIATE AMOUNT
OF JUDGES. TO CREATE A JUDICIARY
SYSTEM THAT IS FAIR BOTH TO THE
VICTIMS AND THE ACCUSED. WE NEED
TO ADDRESS THE SHORTFALLS AND
THIS IS A SHORTFALL. MAKE NO
MISTAKE ABOUT IT. SO WITH THAT.
I HUMBLY ASK FOR AN AYE VOTE. SO
THAT WE CAN CONTINUE THIS
CONVERSATION. AND WE CAN
CONTINUE TO WORK. MORE STORAGE
MAKING SURE. THAT THE MOST
VULNERABLE PEOPLE THE MOST
VULNERABLE POPULATIONS ARE
PROJECT ARE PROTECTED FROM
PREDATORS WHO ARE JUST BEING
RELEASED OUT THERE. BECAUSE WE
HAVE A BROKEN SYSTEM. BECAUSE
THERE IS A CLAUSE THAT SETS. IF
CALIFORNIA IF THE GOVERNMENT IS
PART OF THE PROCESS OF. MAKING
IT AS AN BY A PROCESS IT'S NOT
WORKING THEN THAT. THAT'S NOT A
COLOR BECAUSE FOR US TO DO THIS
HOWEVER. I WOULD OFFER THAT. IF
THAT'S THE CASE THEN THE
GOVERNMENT IS ACTUALLY
RESPONSIBLE. FOR WHAT HAPPENS
WHEN THESE PEOPLE ARE RELEASED
SO WHERE THESE PEOPLE SIGN UP.
THIS TO THE GOVERNMENT. I'M
TIRED OF THIS. WE NEED TO START
PROTECTING OUR CITIZENS THAT ARE
VICTIMS AND NOT HAVING ALL OF
OUR FOCUS BEYOND PEOPLE
PERPETRATING CRIMES THANK YOU.
THANK YOU TO HAVE A MOTION ON
THIS BILL. WE HAVE A- THE BILL
HAS BEEN MOVED BY SENATOR OCHO
VOGUE- CAN WE HAVE ROLL CALL. SB
FOUR FIVE THREE MOTION IS TO
PASS TO APPROPRIATIONS SENATOR
BOB NOW WILL HAVE NO MUCH OF A-
JOB I BRADFORD. SKINNER THANK
YOU WIENER THE BILL WILL BE
PLACED ON CALL. THANK YOU- THANK
YOU. WE ARE NOW GOING TO MOVE ON
TO SENATOR RAZA. SENATOR DRAWS-
WILL BE PRESENTING SB SEVEN SIX
THREE FOLLOWED BY SB SEVEN FOUR
NINE. SENATOR YOU HAVE THE FLOOR
. SEVEN SIXTY FIRST SEVEN SIXTY
FIRST OKAY. SOURCE. THANK YOU
GOOD MORNING CHAIR WILL HOP AND
MEMBERS- I'M PROUD TO PRESENT SB
SEVEN SIX THREE. TO EXTEND
AUTOMATIC RECORD RELIEF FOR
SPECIFIC SPECIFIED FELONY
CONVICTIONS THAT OCCURRED ON OR
AFTER JANUARY FIRST NINETEEN
SEVENTY THREE. CURRENT LAW
PROVIDES THAT RELIEF FOR THESE
TYPES OF CONVICTIONS THAT
OCCURRED ON OR AFTER JANUARY
FIRST TWO THOUSAND FIVE SO IT'S
THE DATE THAT WE'RE LOOKING TO
CHANGE. WHEN MY BILL SB SEVEN
THIRTY WAS SIGNED INTO LAW LAST
YEAR CALIFORNIA BECAME A
NATIONAL LEADER TOWARDS
PROVIDING POST CONVICTION RELIEF
DID THE TENS OF MILLIONS OF
PEOPLE ACROSS AMERICA WHO NEED
IT. THIS BILL. SAYS SB SEVEN SIX
THREE CHANGES THE ELIGIBLE
CONVICTION DATE FOR THOSE
CONVICTED OF A FELONY WE HAVE
SIX SIX SUCCESSFULLY COMPLETED
THEIR SENTENCE TO GO ON. A TWO
ON OR AFTER JANUARY FIRST
NINETEEN SEVENTY THREE THERE
EIGHT MILLION PEOPLE IN
CALIFORNIA LIVING WITH AN
ARRESTER CONVICTION ON THEIR
RECORD THE OUR SIBLINGS OUR
PARENTS NEIGHBORS AND CO WORKERS
WHEN AN INDIVIDUAL COMPLETES OUR
SENSE THEY HAVE PAID THEIR DEBT
TO SOCIETY AND ACCEPTED
RESPONSIBILITY FOR THEIR
ACTIONS. RESEARCH SHOWS THAT
AFTER APPROXIMATELY FORTY SIX
YEARS THEIR CHANCE OF COMMITTING
ANOTHER CRIME IS THE SAME AS
ANYONE ELSE HOWEVER WITHOUT
RECORD RELIEF MILLIONS OF
CALIFORNIANS ARE NOT ABLE TO PUT
THEIR SKILLS AND EDUCATION TO
USE THE ARE HIT WITH LITERALLY
THOUSANDS OF RESTRICTIONS AND
LIMITATIONS THAT KEEP THEM FROM
BUILDING A NEW LIFE. PAST RECORD
DENIES A NEW FAMILY FROM MOVING
INTO A NEW HOUSE DENIES MOTHERS
THE CHANCE TO PURSUE A CAREER IN
HEALTH CARE AND DENIES FATHERS
THE OPPORTUNITY TO COACH THEIR
CHILDREN. THIS BILL CONTINUES
ARM PORN WORK TO PROVIDE
INDIVIDUALS THE TOOLS TO TURN
THE PAGE ON THE PAST AND THE
OPPORTUNITY. TO BUILD A NEW
BETTER LIFE. BEGIN THIS OF THE
BILL WILL BE ANTHONY DEMARTINO
FROM CALIFORNIANS FOR SAFETY AND
JUSTICE THANK YOU. THANK YOU YOU
HAVE THE FLOOR TWO MINUTES. GOOD
MORNING MADAM CHAIR AND SENATORS
MY NAME IS ANTHONY DE MARTINO
AND I'M HERE ON BEHALF OF THE
SPONSORS OF THIS BILL
CALIFORNIANS FOR SAFETY JUSTICE
IN TIME TO IN CALIFORNIA. OUR
FIRST WANT TO THANK THE SENATOR
FOR CARRYING THE BILL LAST YEAR
SB SEVEN THREE ONE. SENATOR
BRADFORD FOR ALSO BEING A JOINT
AUTHORS AND THEN THE COMMITTEE'S
WORK ON THIS BILL ON THE LAST
TWO YEARS. SB SEVEN SIX THREE
WOULD OPEN DOORS TO THOSE FACING
EMPLOYMENT HOUSING BEERS BY
EXPANDING CALIFORNIA'S AUTOMATE
EXPUNGEMENT RELIEF TO THOSE WHO
WERE CONVICTED DATING BACK TO
NINETEEN SEVENTY THREE. EIGHT
MILLION CALIFORNIA RESIDENTS
HAVE CRIMINAL CONVICTIONS THAT
HAMPER THEIR ABILITY TO FIND
WORK AND HOUSING. SECURE PUBLIC
BENEFITS OR EVEN BE ACCEPTED TO
COLLEGE. 90% OF EMPLOYERS 80% OF
LANDLORDS AND 60% OF COLLEGE
SCREEN APPLICANTS. FROM CRIMINAL
RECORDS. 76% OF INDIVIDUALS WITH
A CRIMINAL CONVICTION REPORT
INSTABILITY IN FINDING A JOB FOR
HOUSING. OBTAINING A LICENSE
PAYING FOR FINES OR FEES AND
HAVING HEALTH ISSUES. LACK OF
ACCESS TO EMPLOYMENT HOUSING ARE
PRIMARY FACTORS DRIVING
RECIDIVISM. CRIMINAL RECORDS ARE
SEARS BEARS TO SUCCESSFUL
REENTRY AND COME AT A GREAT COST
TO CALIFORNIA'S ECONOMY.
CALIFORNIA LOSES ROUGHLY TWENTY
BILLION DOLLARS PER YEAR IN
GROSS DOMESTIC PRODUCT DUE TO
EMPLOYMENT LOSSES AMONG PEOPLE
WITH CRIMINAL RECORDS. CURRENT
LAW ALLOWS INDIVIDUALS TO
EXPUNGE ARREST THAT DID NOT
RESULT IN A CONVICTION AND
CONVICTIONS THAT ARE ELIGIBLE
FOR DISMISSAL BY PETITIONING THE
COURT. THIS IMPOSES A BURDEN ON
AFFECTED INDIVIDUALS. TO MEET BE
MADE AWARE OF THEIR ELIGIBILITY
AND RETAIN AN ATTORNEY TO
PROACTIVELY FILE THE NECESSARY
PETITION. UNDER THE CURRENT
PETITION BASED RECORD CLEARANCE
MODEL EACH RECORD COSTA SYSTEM
ROUGHLY FOUR THOUSAND DOLLARS.
WHEREAS IN THIS AUTOMATED SYSTEM
COSTS FOUR CENTS PER RECORD.
LESS THAN 20% OF ELIGIBLE PEOPLE
HAVE BEEN CONVICTED- HAVE BEEN
ESTIMATED TO OBTAIN RECORD
CLEARANCE EVEN IF THE PROCESS
COULD BE MADE AVAILABLE TO ALL
THOSE ELIGIBLE. THE VOLUME OF
PETITIONS WOULD BE WOULD PLACE
ENORMOUS RESOURCE DEMANDS IN
COURT SO PROSECUTORS TAKE YEARS
TO PROCESS. THIS IS WHY OVER THE
LAST FOUR YEARS WE WORK CLOSELY
WITH SENATOR ALSO ASSEMBLY
MEMBER TEAM AND SEVERAL MEMBERS
OF THIS COMMITTEE. TO PASS THE
COUNTRY'S MOST PROGRESSIVE
AUTOMATED EXPUNGEMENT RELIEF
PROGRAM. HOWEVER THIS AUTOMATED
EXPAND RELIEF IS NOT RETROACTIVE
FOR ALL ELIGIBLE INDIVIDUALS AND
SEVERELY LIMITING PEOPLE'S
ABILITY TO HAVE THEIR RECORDS
EXPUNGED. SB SEVEN SIX THREE
EXPANDS THIS RELIEF TO RECORDS
THAT DATE BACK TO NINETEEN
SEVENTY THREE CREATING EQUITY
FOR ALL FOR THESE REASONS WE'RE
PROUD TO SPONSOR IN RESPECTFULLY
REQUEST RIGHT. THANK YOU DO WE
HAVE ANY OTHER LEADS SUPPORT
WITNESSES. SEEING NONE WE WILL
MOVE ON TO SUPPORT WITNESSES
PLEASE STATE YOUR NAME YOUR
ORGANIZATION AND THAT YOU
SUPPORT WE'RE HOPING TO MOVE THE
THROUGH THIS QUICKLY THANK YOU.
LESLIE CALDWELL HOUSTON FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND SUPPORT. MELANIE
CONSENSUS OF PUBLIC DEFENDER'S
OFFICE IN SUPPORT. ELIZABETH
BROWN UNDERGROUND SCHOLARS
INITIATIVE AND SUPPORT. KAREN
MCCALL UNDERGROUND'S COLORS
NUTRITIVE IN SUPPORT. BURGER
CENTER AS WELL INITIATIVE UC
BERKELEY AS WERE. THANK YOU. DO
WE HAVE ANY OTHER SUPPORT
WITNESSES SEEING NON WILL MOVE
TO LEAD OPPOSITION WITNESSES.
SEEING NONE WE WILL MOVE TO
OPPOSITION WITNESSES IN GENERAL
. SEEING NONE WE WILL NOW MOVE
ON TO THOSE WAITING. TO TESTIFY
VIA TELECONFERENCE SERVICE
PLEASE YOU STATE YOUR NAME
ORGANIZATION AND POSITION.
MODERATOR IF YOU WOULD PLEASE
PROMPT INDIVIDUALS WAITING TO
TESTIFY WE WILL BEGIN. TO
PROVIDE PUBLIC COMMENT IN
SUPPORT OR OPPOSITION TO SB
SEVEN SIX THREE PLEASE PRESS ONE
IF AND ZERO AT THIS TIME. AND
FIRST WE'LL HEAR FROM LINE
THIRTY ONE. A GOOD MORNING
REBECCA GONZALEZ WITH THE
NATIONAL ASSOCIATION OF POSTAL
WORKER CALIFORNIA CHAPTER IN
SUPPORT. A LINE AT NINE. YEAH
MORNING AT YOUR MEMBERS JERRY
DOESN'T UP AFTER THE CALIFORNIA
ASSOCIATION OF LICENSE
INVESTIGATORS LOCALITY SUPPORT
EFFORTS TO PROVIDE A FRESH START
THOSE WHO PAID THEIR DEBTS TO
SOCIETY BUT SEVEN SIXTY THREE
OVERREACH THAT WOULD UPSET THE
BALANCE OF JUSTICE THANK YOU
IT'S EITHER SUPPORT OR
OPPOSITION PRECIADO IT. NEXT
WE'LL HEAR FROM LINE. FORTY
THREE. TRADEMARK ON BEHALF OF
CALIFORNIA FOR CRIMINAL JUSTICE
IT'S SUPPORT. LINE. THIRTY ONCE
**** OF LEGAL SERVICES FOR
PRISONERS WITH CHILDREN IN
SUPPORT. LINE. THIRTY SIX. OTHER
THAN CURRENT GOVERNOR HERE OF
THE CALIFORNIA'S LIFE AND DEATH
. STRONG OPPOSITION IF THEIR
PLACE THE PUBLIC AT YOU HAVE
SUPPORTER ONLY. THANK YOU. AND
ALIVE. FOUR SURE BEEN A ZOMBIE
INITIATE JEFF ACTIONS TRONG
SUPPORT. AND THAT LINE FORTY
FIVE. IN LIMBURG ON BEHALF OF A
FRIEND COMMITTEE ON LEGISLATION
TO CALIFORNIA IN SUPPORT. AND WE
HAVE NO FURTHER COMMENT AT THIS
TIME THANK YOU WILL NOW MOVE ON
TO ADD TO THE DISCUSSION AMONGST
MEMBERS MEMBERS DO WE HAVE ANY
QUESTIONS CONCERNS THOUGHT
SENATOR- CHOI BOGUE. THANK YOU
MADAM CHAIR- COUPLE OF THOUGHTS
AND QUESTIONS- FOR THE AUTHOR ON
ON THE BILL. SO I HAVE HERE IN
MY NOTES AND ONE OF THE CONCERNS
THAT I HAVE FOR THIS I BELIEVE
IN HONESTY IN IT I. WE HAVE
FAMILY MEMBERS AND OWN
BUSINESSES THAT HIRE FORMERLY
INCARCERATED PEOPLE KNOWING WHAT
THE YEAH KNOWING FOR THE CRIMES
ARE BECAUSE THE OWNERS BELIEVE
IN GIVING PEOPLE SECOND CHANCES
SO I AM VERY MUCH THE CULTURE
THE PEOPLE SHOULD BE GIVEN AT
SECOND CUP M. SECOND CHANCES AND
BE ABLE TO HAVE AN OPPORTUNITY.
TO FOR SPECIALLY THEY HAVE
SERVED THEIR SENTENCES BUT I DO
BELIEVE THAT. THE CONCERN THAT I
HAVE- AND I THINK IT'S EXPRESSED
BY MANY- IS THE FACT THAT. BY
EXPUNGING IT OR REMOVING THESE
RECORDS THAT THERE'S NO MEANS BY
WHICH BOARDS OR EMPLOYERS OR
ADAM. EVEN JUST ANY GENERAL
PERSON WOULD NOT BE ABLE TO
KNOW- WHETHER OR NOT THEY'RE
HIRING OR THEY'RE ACCEPTING
VOLUNTEERS THAT MAY REFLECT
MIGHT BE COUNTER INTUITIVE YOU
WITHIN. BASED ON THE CRIME THAT
WAS THAT WAS COMMITTED. TO THIS
SPACE AND WORK THAT THEY'RE
GOING TO BE WORKING ON. MUCH OF
THAT MAKES. THEM CLEAR ENOUGH SO
I. I BELIEVE THAT THERE SHOULD
BE FULL DISCLOSURE- IN HONESTY
IF YOU'RE HIRING SOMEONE. AND
UNDERSTANDING WHAT THE
BACKGROUND WAS WITH REGARD TO
THAT THAT THE CRIME THAT WAS
CONVICTED- BECAUSE I THINK
PEOPLE SHOULD HAVE THE RIGHT TO
SEE WHETHER OR NOT THOSE. THOSE
INCLINATIONS FOR THAT CRIME THAT
WOULD BE HAVE AN IMPACT ON THE
PEOPLE OR THE- PROGRAMS WHICH
THE BUSINESSES OR THE BOARDS OR
WHATEVER NEW SPACE THEIR THEIR
WORK TRYING TO WORK WITH. SHOULD
BE RELEVANT AND CONSIDERED ON
WHETHER OR NOT THEY SHOULD BE
EMPLOYED OR VOLUNTEERING IN THAT
IN THAT PARTICULAR SPACE MOVING
FORWARD AND WOULD LOVE TO HEAR
YOUR THOUGHTS ON THAT ON THAT
END. AND THEN THE OTHER CONCERN
I HAVE WITH THE WITH THE BILL IS
AB. RIGHT NOW I KNOW THAT THERE
IS AN- I BELIEVE IT SAYS HERE
THAT THERE ARE EXCEPTIONS FOR.
FOR THIS- AND I BELIEVE. IT
INCLUDES ADAM. I BELIEVE IT'S
BATTERY DOMESTIC VIOLENCE
STALKING HUMAN TRAFFICKING I
NEITHER IN TODAY'S IN CALIFORNIA
THEY'RE NOT CONSIDERED- VIOLENT
OR SERIOUS. BUT THESE WOULD NOT
BE INCLUDED. WITHIN THE
EXCEPTIONS FOR THIS BILL RIGHT
SOMEONE WHO HAD HUMAN TRAFFIC
SOMEONE- I'VE BEEN CONVICTED FOR
THAT WOULD NOT NECESSARILY BE-
EXEMPTED FROM THIS CONSIDERATION
IN THIS BILL BECAUSE IN
CALIFORNIA. HUMAN TRAFFICKING IS
NOT CONSIDERED A SERIOUS-
VIOLINIST SERIOUS CRIMES ARE
CORRECT. WELL LET ME JUST. TALK
ABOUT THE OTHER ISSUE THAT THAT
YOU RAISED WITH REGARDS TO THEIR
AGENCIES- THAT WILL CONTINUE TO
HAVE ACCESS. TO RECORDS EVEN IF
THEY'VE BEEN EXPUNGED LAW
ENFORCEMENT AGENCIES SECURITY
ORGANIZATIONS HUMAN SERVICES OF
WORK INVOLVING THE CARE OF
CHILDREN COMMISSION ON TEACHER
CREDIT PRINT CREDENTIALING SO
THERE ARE AGENCIES THAT WILL
CONTINUE TO HAVE ACCESS TO THAT
INFORMATION INDIVIDUAL EMPLOYERS
WON'T- WITH REGARDS TO I'M SORRY
YOUR QUESTION ON- THERE ARE
CERTAIN SEXUAL OFFENSES WHAT
WOULD MAKE AN INDIVIDUAL
INELIGIBLE. A NEW YOU KNOW IT'S
GOTTA BE FOUR YEARS AFTER- THE
CONVICTION A NEW FELON A NEW
FELONY CONVICTION SERVING TIME
FOR CURRENT OFFENSE SERVING TIME
ON PROBATION OR PAROLE SO
THERE'S A NUMBER OF EXCEPTIONS-
OF THAT WOULD MAKE AN INDIVIDUAL
INELIGIBLE. AND I THINK THAT'S
WHERE RIGHT MY QUESTION CAME
INTO- YOU KNOW THE DEFINITIONS
OF DIFFERENT CRIMES WHETHER OR
NOT THEY'RE MET MISDEMEANORS OR
FELONIES HAVE CHANGED IN
CALIFORNIA AND WE'RE IN A
PROCESS WERE TESTING MANY OF
THESE- DECRIMINALIZATION AND I
SAID TESTING BECAUSE WE DON'T
KNOW WHAT THE ULTIMATE OUTCOME
WE HAVE. THE LEGISLATURE HAS
HOPES IN IN THESE OUTCOMES FOR
THE DECRIMINALIZATION FROM FOR
MANY OF THESE CRIMES FROM
FELONIES TO MISDEMEANORS WERE
ULTIMATELY IT'S GONNA TAKE
SEVERAL YEARS FOR US TO GATHER
THE DATA AND SEE WHETHER OR NOT
THESE ARE- WHAT'S THE WORD I'M
LOOKING FOR IF THEY'RE EFFECTIVE
IN THE IN IN WHAT THEY WERE
AIMING FOR. AND SO. BY EXPUNGING
THEM AND NOT HAVING CLEAR
DEFINITIONS AS TO WHAT-
DECRIMINALIZING IT SOMETHING
THAT WAS A FELONY PERHAPS OR
EVEN YOU KNOW THINGS SUCH AS
HUMAN TRAFFICKING THAT'S NOT
CONSIDERED- IT'S NOT CONSIDERED
THIS YEAR'S A AND- I WAS HAVE A
PROBLEM WITH THAT I'M SORRY. THE
VIOLIN IS SERIOUS CRIME- THOSE
COULD PUT POTENTIALLY BE
ELIGIBLE TO BE HIRED. AND EXPAND
OUR HAVE THEIR THEIR RECORDS
EXPUNGED AND BE ABLE TO BE HIRED
WITHOUT THE KNOWLEDGE OF. THE
EMPLOYERS CORRECT. WELL IT'S
PRETTY CLEAR WHICH WHICH ARE
THE- OF THE THINGS THAT WOULD
MAKE UP ON INDIVIDUAL INELIGIBLE
FOR AUTOMATIC RELIEF THERE VERY
CLEARLY. LISTED HERE AND THE
SOUL I DON'T KNOW THAT THERE'S
ANY- AT ANY AMBIGUITY WHICH WHO
WOULD BE A COVERED WHO WOULD BE
INELIGIBLE FOR THIS AUTOMATED.
AN AUTOMATIC RELIEF SO- THE MAIN
THING HERE IS THAT WITH ALL OF
THESE EXCEPTIONS IN TERMS OF WHO
HAS ACCESS WHO DOESN'T HAVE
ACCESS TO THE RECORDS- WHAT
WOULD MAKE IT AN INDIVIDUAL
INELIGIBLE IS PRETTY CLEAR
AGAIN- THE MAIN ISSUE HERE IS
THAT. THEY HAVE DONE THEIR TIME.
THEY HAVE SERVE THEIR TIME THEY
HAVE- YOU KNOW PASTOR PROBATION
PASTOR. ALL THE CONDITIONS THAT
WERE PUT ON THEM AT SOME POINT
AND FOR YEARS AFTER AFTER THAT
NO NEW CONVICTION THEY WOULD BE
ABLE TO GO ON WITH THEIR LIVES
OTHERWISE- IT'S GOING TO KEEP
PONTINE THEM IT'S GOING TO BE
USED AGAINST THEM AND WE NEED TO
THEY NEED TO MOVE ON WITH THEIR
LIVES. THANK YOU SENATOR
SENATORS DO WE HAVE ANY OTHER
COMMENTS OR CONCERNS STOCKS.
SEEING NONE SENATOR WAS LIKE TO
CLOSE ASK FOR YOUR I. BOATS
THANK YOU THANK YOU DO WE HAVE A
MOTION. MOVED BY SENATOR
BRADFORD CAN HAVE ROLL CALL. SB
SEVEN SIXTY THREE THE MOTION IS
TO PASS TO APPROPRIATIONS
CHAIRMAN BOB HI BOB HI JOE
VOEPEL JOB OF NO BRADFORD.
BRADFORD AYE SKINNER. WIENER HI
WIENER AYE. MOTIONS ON I MEAN
THE BILLS ON CALL THANK. I NOW
WE WILL GO TO SB SIX. FIFTY FIVE
SENATOR DORADO YOU HAVE FLOOR
THANK YOU MADAM CHAIR AND
MEMBERS- SB SIX FIVE BIBLE
ADDRESS BARRIERS TO VICTIMS
COMPENSATION REMOVE UNJUST
ELIGIBILITY RESTRICTIONS AND
REDUCE RED TAPE. SO THAT
SURVIVORS CAN GET THE HELP THAT
THEY NEED. LIFE BECOMES
COMPLICATED EXPENSIVE AND
CONFUSING FOR VICTIMS AND FAMILY
MEMBERS AFTER A CRIME WHILE
CALIFORNIA'S VICTIM COMPENSATION
PROGRAM IS IN MANY WAYS A
NATIONAL LEADER. SURVIVORS
ENTITLED TO COMPENSATION STILL
FACE MANY HURDLES ACCESSING IT
AND THOUSANDS OF CLAIMS ARE
DENIED EACH YEAR IN FACT
RESEARCH HAS FOUND THAT THE
TYPES OF ELIGIBILITY
RESTRICTIONS. CALIFORNIA'S
PROGRAM HAS CONTRIBUTE TO IN
EQUITABLE RATES OF COMPENSATION
DENIALS INCLUDING
DISPROPORTIONATE DENIALS FOR
BLACK VICTIMS AND FAMILIES IN
ADDITION THE SURVIVORS WHO DO
QUALIFY MUST NAVIGATE
OVERWHELMING PAPERWORK AND
RESTRICTIONS. THAT LIMIT THE
KIND OF RESOURCES THEY ARE
ELIGIBLE FOR THIS LEAVES MANY
SURVIVORS- SO DISCOURAGED THAT
THEY DECIDE TO OPT OUT
ALTOGETHER. THIS IS WHY WE NEED
SB SIX FIVE FIVE TO REDUCE
PROCESSING TIME LINES AND
STREAMLINE THE CLAIMS PROCESS
ALLOWING SURVIVORS MORE TIME TO
PROVIDE ADDITIONAL INFORMATION
OR TO APPEAL. MAKING EMERGENCY
AWARDS MORE ACCESSIBLE AND
REMOVING REDUNDANT DOCUMENTATION
REQUIREMENTS THAT SLOW THE
PROCESS DOWN. SB SIX FIVE FIVE
WOULD MATE- ACCESS TO
COMPENSATION MORE EQUITABLE ARE
ALLOWING ACCESS TO COMPENSATION
REGARDLESS OF PERCEIVED VICTIM
COOP COOPERATIVE NIS AND BY
LIMITING DENIALS BASED ON
SUBJECTIVE ASSESSMENTS OF VICTIM
BEHAVIOR- THIS BILL WOULD EXPAND
EXISTING POLICY ALLOWS
SURVIVORS. OF SOME TYPES OF
CRIMES TO USE OTHER FORMS OF
RELIABLE DOCUMENTATION. IN
ADDITION TO A POLICE REPORT AS
EVIDENCE IN THIS HAS SERVED MANY
CALIFORNIA SURVIVORS FOR YEARS
IT SHOULD NOW APPLY TO ALL
SURVIVORS ABOUT A VIOLENT CRIME.
TODAY I HAVE WITH ME TO OF OUR
CO SPONSORS AS WITNESSES IN
SUPPORT OF THIS BILL- THE
ANTHONY DE MARTINO DIRECTOR OF
GOVERNMENT GOVERNMENT AFFAIRS
CALIFORNIANS FOR SAFETY AND
JUSTICE AND GABRIEL GARCIA
POLICY AND ADVOCACY ADVOCACY
DIRECTOR FOR YOUTH ALIVE. TWO
MINUTES GOOD MORNING AGAIN-
MADAM CHAIR AND CENTERS MY NAME
IS ANTHONY MARTINO I'M SPEAKING
ON BEHALF OF CRIME SURVIVORS FOR
SAFETY JUSTICE AND CALIFORNIA'S
FOR SEEKING JUSTICE TO THE
BILL'S CO SPONSORS- ACTUALLY
READING THE STATEMENT ON BEHALF
OF OUR ORGANIZATION'S EXECUTIVE
DIRECTOR TO SEAN'S AND
FORTUNATELY SHE HAD A LASSEN
ENGAGEMENT THAT SHE WAS NOT ABLE
TO ATTEND APOLOGIES. COMMITTEE
MY NAME IS DENISE COLLINS AND
I'M THE EXECUTIVE DIRECTOR OF
CALIFORNIANS FOR SAFETY AND
JUSTICE I'M ALSO THE STATE
DIRECTOR OF CSS J. THE STATE'S
LARGEST NETWORK OF VICTIMS AND
SURVIVORS WE HAVE OVER FIFTY TWO
THOUSAND CRIME SURVIVORS IN OUR
NETWORK HERE IN CALIFORNIA. CSJ
IS PROUD TO SPONSOR SB SIX FIVE
FIVE. I AM A SURVIVING FAMILY
MEMBER OF TWO HOMICIDE VICTIMS
I'VE LOST TWO BROTHERS TO GUN
VIOLENCE AND THE TRAUMA OF
LOSING THEM BECAUSE- YOU'RE
RIVER IRREVERSIBLE DAMAGE TO MY
IMMEDIATE FAMILY. SOME LOST JOBS
SOME LOST HOMES AND SOME OF
LITERALLY LOST THEIR LIVES FROM
SELF MEDICATING UNABLE TO COPE
WITH THE PAIN. ANYWHERE TO
GETTING HELP OR SUPPORT BECAUSE
IS- MORE TRANSITION INCOMPLETE
PEOPLE IN MORE DANGER. IT IS
CRITICAL ESPECIALLY IN THIS
MOMENT THAT WE ASSESS THE NEEDS
OF ALL VICTIMS IN THE- IT'S IN
THE BEST INTEREST OF PUBLIC
SAFETY. WHILE CALIFORNIA'S
VICTIM COMPENSATION PROGRAMS
IMAGE INTO IS IN MANY WAYS A
NATIONAL LEADER THOUSANDS OF THE
CLAIMS ARE DENIED EACH YEAR.
STATE SPENDING A VICTIM SERVICES
REPRESENTS ABOUT 1% OF WHAT THE
STATE SPENDS ON THE PRISON
SYSTEM. IN OTHER WORDS
CALIFORNIA SPENDS NEARLY EIGHTY
TIMES MORE PRISONS THAN IN
SERVICES FOR CRIME VICTIMS. THIS
LEGISLATION MAKES SEVERAL MODEL
CHANGES TO IMPROVE ACCESS AND TO
ADDRESS RESTRICTIONS WHICH HAVE
FOR TOO LONG DIVIDED VICTIMS IN
THE CATEGORIES OF. DESERVING OR
UNDESERVING ALONG RACIAL LINES.
AND TWENTY TWENTY ONE ALAMEDA
GRAND- COUNTY GRAND JURY REPORT
FOUND THAT CONVERSATION AND I
WAS BASED ON ALLEGED LACK OF
COOPERATION OR VICTIM BLAMING DR
DISPARITIES IN TO NILES FOR
BLACK SURVIVORS. IN OR
SYSTEMATICALLY RACIALLY BIASED.
SB SIX FIVE FIVE WOULD ADDRESS
THESE RESTRICTIONS. THE BILL
WOULD EXPAND ACCESS TO SUPPORT
FOR SURVIVORS WHO DID NOT
IMMEDIATELY REPORT TO LAW
ENFORCEMENT AND I WAS BASED ON
PERCEIVED VICTIM COOPERATIVE IN
THIS. IN CALIFORNIA SIX IN TEN
VIOLENT CRIMES ARE NOT REPORTED
TO POLICE. THAT MEANS THE
OVERWHELMING MAJORITY OF
SURVIVORS ARE CURRENTLY NOT
ELIGIBLE FOR HELP FROM COVEY C.
B. WE- HEAR FROM SURVIVE. WHO
HAVE BEEN LABELED NOT. TIME
YEAH. THANK YOU SO MUCH I'M
GONNA BE VERY STRICT ABOUT THE
TIME OF DAY. BETTER OUR NEXT
SPEAKER TWO MINUTES GOOD MORNING
CHAIR VICE CHAIR AND MEMBERS MY
NAME IS GIVE A GARCIA ON THE
POLICY AND ADVOCACY DIRECTOR FOR
YOU THE LIFE WE ARE OPENS ANCHOR
ORGANIZATION FOR VIOLENCE
PREVENTION INTERVENTION HEALING.
AND WE SERVE VICTIMS OF VIOLENT
CRIME. THAT'S WHY WE KNOW
INTIMATELY OF WHAT IT LOOKS LIKE
FOR VICTIMS AND SURVIVORS WHEN
THEY GET DENIED THESE RESOURCES
OFTENTIMES OUR CLIENTS HAVE
NOWHERE ELSE TO TURN. WHETHER
THEY WANT TO BURY THEIR LOVED
ONES WITH DIGNITY. SEEK MENTAL
HEALTH CARE TO JUMP START THE
RECOVERY OR GET ACCESS TO
REIMBURSEMENT FOR THEIR MEDICAL
BILLS- AFTER SUDDENLY TRAGICALLY
BEING IMPACTED BY VIOLENCE. WHEN
I FIRST GET ACCEPTED. WE'RE VERY
GRATEFUL BUT WHEN WE DO THE
NIGHT BEFORE EQUALLY
HEARTBROKEN. AND ONE OF THE
REASONS FOR THAT IS THE
DETERMINATIONS OF COOPERATION
AND INVOLVEMENT THAT YOU HEARD
ABOUT TODAY. OFTENTIMES ARE
UNFAIRLY USED AGAINST OUR
CLIENTS AND- COMMITTEE MEMBERS.
SOME EXAMPLES OF THIS.
COOPERATION ONE OF OUR CLIENTS
BELIEVE THAT HIS DAUGHTER WAS
KILLED BECAUSE SHE COOPERATED
WITH LAW ENFORCEMENT. WHETHER OR
NOT THIS PERCEPTION IS REAL.
THIS IS WHAT OUR COMMITTEE
MEMBERS ARE DEALING WITH ON A
REGULAR BASIS THEY'RE PUTTING
THEMSELVES AT RISK IN ORDER TO
COOPERATE WITH LAW ENFORCEMENT
WITHOUT ANY IDEA THAT THEY WILL
RECEIVE THE PROTECTION THEY
NEED. TO FEEL SECURE ENOUGH TO
COME FORWARD. WHEN IT COMES TO
INVOLVEMENT WE HAD INSTANCES
THAT WOULD BE COMICAL IF IT
WASN'T SO TRAGIC. ONE INSTANCE
WHERE SOMEBODY WAS BREAKING UP A
FIGHT THEY SAID IF YOU'RE GONNA
SHOOT ANYBODY SHOOT ME THEY WERE
SHOT THAT WAS INCLUDED IN THE
POLICE REPORT AND THEY WERE
DENIED. THESE VITAL SERVICES.
THIS IS THE STATUS QUO AND THAT
IS WHY WE ARE PROUD TO SUPPORT
CO SPONSOR SB SIX FIVE FIVE.
BECAUSE VICTIMS AND SURVIVORS
NEED ACCESS TO THESE HUMAN
RESOURCES. THERE IS NO- SYSTEM
SET UP FOR THESE FOLKS WHO FALL
THROUGH THE CRACKS WHO AGAIN ARE
DENIED AND CUT OFF FROM THESE
VITAL SUPPORTS. THANK YOU THANK
YOU CAN WE HAVE SUPPORT
WITNESSES STATE THEIR NAME
ORGANIZATION THAT THE SUPPORT.
WHEN BACCHUS- BAKER CENTER IN
SUPPORT. THANK YOU. NATASHA
MINSKER PROCESS LINES OF
CALIFORNIA SMARTEST OF
CALIFORNIANS SUPPORT. THANK YOU.
SEEING NO OTHER SPORT WITNESSES
WILL MOVE ON TO LEAD OPPOSITION
WITNESSES YOU HAVE TWO MINUTES.
SHE MORNING I'VE IF IT'S PATRICK
RIVERSIDE COUNTY DISTRICT
ATTORNEY'S OFFICE SPEAKING ON
BEHALF OF THE CALIFORNIA JESUS'S
STATION- QUALITIES ASSOCIATION
OBVIOUSLY STRONGLY SUPPORTS
VICTIMS OF CRIME. THIS
PARTICULAR BILL IS ILL ADVISED
AND I'LL- GIVE YOU SOME REASONS
WHY HERE. SO IT WOULD EXPAND
PAYMENTS FROM THE RESTITUTION
FROM THE PERSONS WHO WERE
INVOLVED IN THE CRIME THEY SEE
PAYMENT FOR. IT WOULD ALSO
EXPAND COMPENSATIONS TO PERSONS
WHO FAIL TO COOPERATE WITH LAW
ENFORCEMENT TO APPREHEND WERE
CONVICT THE OFFENDER. OR WHO
FAIL TO COOPERATE WITH THE BOARD
. THE AMENDMENT TO GOVERNMENT
CODE SECTION THIRTEEN NINE FIFTY
FOUR ELIMINATES THE REQUIREMENT
THAT AN APPLICANT FOR PAYMENT.
COOPERATE WITH BOARD STAFF TO
VERIFY INFORMATION IN THE
APPLICATION. AND IT ALSO
ELIMINATES THE REQUIREMENT THAT
THE FAILURE TO COOPERATE BE
REPORTED TO THE BOARD. IT ALSO
DILUTES THE BOARD'S DISCRETION
TO DENY COMPENSATION BASED ON
THAT FAILURE TO. COOPERATE ITS
DISCRETION SO IT WOULD REMOVE
THAT. THE AMENDMENT TO
GOVERNMENT CODE SECTION THIRTEEN
NINE FIFTY SIX ALSO REPEALS THE
BOARD'S ABILITY TO DENY
COMPENSATION IF IT FINDS THAT
THE DENIAL IS APPROPRIATE.
BECAUSE OF THE NATURE OF THE
APPLICANT'S INVOLVEMENT IN THE
EVENTS LEADING TO THE CRIME. IT
ALSO REPEALS PROVISIONS
REQUIRING THE DENIAL OF
COMPENSATION IF THE BOARD FINDS
THAT THE APPLICANT FAILED TO
COOPERATE REASONABLY WITH A LAW
ENFORCEMENT AGENCY. AND THE
APPREHENSION APPREHENSION OR
CONVICTION OF THE OFFENDER.
MOREOVER THE AMENDMENT PERMITS
CONVICTED OFFENDERS. INCLUDING
VIOLENT FELONS TO RECEIVE
COMPENSATION WHILE THEY ARE
STILL INCARCERATED. THE
RESTITUTION FUND HAS BEEN
OPERATING WITH A DEFICIT FOR A
NUMBER OF YEARS. IT'S BAD POLICY
TO FURTHER DEPLETE THE RESOURCES
FOR DESERVING CRIME VICTIMS WHO
PLAYED NO ROLE IN THE CRIME
AGAINST THEM. AND WHO COOPERATED
WITH LAW ENFORCEMENT. AND WITH
THE BOARD. PROGRAMS FOR THE
RESIGN CDA MUST OPPOSE THANK YOU
PRECIADO. WE WILL NOW MOVE ON TO
ANY OTHER OPPOSITION WITNESSES.
SEEING NONE WE WILL MOVE ON TO
THOSE THAT ARE WAITING IT VIA
TELECONFERENCE SERVICE PLEASE
YOU STATE YOUR NAME ORGANIZATION
AND POSITION MODERATOR IF YOU'D
PLEASE PROMPT INDIVIDUALS
WAITING TO TESTIFY. TO PROVIDE
PUBLIC COMMENT IN SUPPORT OR
OPPOSITION TO SB SIX FIVE FIVE
PLEASE PRESS ONE THEN CLICK
WROTE THIS TIME. AND WE HAVE NO
COMMENT. THANK YOU THANK YOU TO
ALL OF THE WITNESSES WILL NOW
BRING THE DISCUSSION BACK TO
MEMBERS MEMBERS DO WE HAVE ANY
QUESTIONS CONCERNS OR THOUGHTS.
SEEING NINE SENATOR WOULD YOU
LIKE TO CLOSE- SENATOR- CHU
ABOVE PLEASE. AND IF WE CAN-
WE'RE GONNA HAVE TO CALL BREAK
TOO SO WE'RE GONNA YES- QUESTION
WITH REGARDS TO. THE QUESTION
HAS TO DO WITH- THE ATTORNEY
IT'S PATRICK IN HER COMMENTS
THAT. JUST FOR CLARIFICATION
PURPOSES SENATOR REST AS YOUR
INTENT TO HAVE CONVICTED FELONS
WHILE INCARCERATED. HAVE ACCESS
TO THIS. IT IF THEY'RE NOT
INVOLVED IN THE CRIME THEN THEY
WOULD HAVE ACCESS BUT IF THEY'RE
BECAUSE OF THAT DENT RIGHT BUT-
BUT THE KEY THING HERE IS THAT
THEY'RE NOT INVOLVED IN THE
CRIME IF THEY ARE INVOLVED IN
THE KIND. CARP CRIME THEY'RE NOT
IT ELIGIBLE. SO WE WERE TALKING
ABOUT SOME OF THE IS BEING
CONVICTED. YOU'RE NOT REFERRING
TO THAT SPECIFIC CRIME THAT
THEY'RE APPLYING FOR YOUR RIGHT
YOU'RE YOU'RE REFERRING TO
SOMETHING ELSE RIGHT. THANK YOU.
SENATOR WOULD YOU LIKE TO CLOSE
AS FOR YOUR VOTE THANK YOU THANK
YOU KNOW DO WE HAVE A MOTION. WE
HAVE A MOTION- ON THIS BILL BY
SENATOR BRADFORD. CAN WE CALL
ROLE. SB SIX FIVE FIVE MOTION IS
. SB SIX FIVE FIVE DIMENSIONS
THE PAST TO APPROPRIATIONS TERRA
HOP ON HOP I HAVE TO HAVE A-
BRADFORD. BRADFORD AYE. WINNER
ON INTERACTING YOU THIS BILL HAS
BEEN PLACED ON CALL I APPRECIATE
YOUR EFFORTS THANK YOU MANAGER
OUT WE WILL NEXT HAVE SENATOR
RUBIO I BELIEVE THAT. SENATOR
WIENER WILL BE PRESENTING ON HER
BEHALF SENATOR RUBIO IS HERE
THOUGH. RIGHT SIDE. DO YES.
SENATOR WINNER WILL BE
PRESENTING SB FIVE FOUR FIVE
FIRST SENATOR YOU HAVE THE FLOOR
. I AM A- PLAYING THE ROLE OF
SUSAN RUBIO NAY. NORTH OF. OKAY
OF. I AM PRESENT MY VOICE IS
CONSULATES TWEEN IS GONNA
PRESENT ON MY BEHALF THE- HE IS
. FEDERAL WILL TELL ME IF I'M
NOT ANYTHING UP- SO SIR WITH THE
- S. B. FIVE FORTY FIVE THE
OTHER. I THANK YOU MADAM. HAPPY
TO PRESENT THIS BILL BEHALF OF
SENATOR RUBIO- IT'S A SIMPLE BUT
IMPORTANT BILL- THE SAFE
CHILDREN ACT WILL STOP CHILD SEX
CRIME VICTIMS FROM BEING TRIED
IN ADULT COURT WHEN THEY FIGHT
BACK AGAINST THEIR ABUSERS
CHILDREN WHO WERE TRAFFICKED ARE
SEXUALLY ABUSED. I NEED TO BE
RECOGNIZED AS VICTIMS WERE
PREYED UPON BY ADULTS MANY OF
THESE CHILDREN COME FROM
DIFFERENT BACKGROUNDS FULL OF
NEGLECT OR TRAUMA AND THIS CAN
MAKE THEM EASY TARGETS FOR
ADULTS WITH SINISTER INTENTIONS
TOO MANY OF THESE CHILDREN
BECOME TRAPPED IN AN ENDLESS
CYCLE OF ABUSE. UNFORTUNATELY
WHEN SOME OF THESE CHILDREN
FIGHT BACK AGAINST THEIR ABUSERS
THEY FIND THEMSELVES TRAPPED IN
A NEW SYSTEM OF TRAUMA THE
CRIMINAL JUSTICE SYSTEM AND
THAT'S BECAUSE CHILDREN TO FIGHT
BACK AGAINST THEIR ABUSERS ARE
OFTEN TRIED AS ADULTS IN
CRIMINAL COURT AND SENT TO
PRISON SAFE CHILDREN ACT.
RECOGNIZES THAT THE RIGHT AND
MORAL THING TO DO IS TO TREAT
THESE CHILDREN OF SURVIVORS WHO
NEEDS HEALING AND SERVICES NOT
INCARCERATION OF THE SAFE
CHILDREN ACT ACCOMPLISHES THIS
BY REQUIRING THE JUVENILE COURT
TO KEEP A CHILD SEX CRIME VICTIM
WITH IN THE JUVENILE SYSTEM. IF
IT FINDS BY CLEAR AND CONVINCING
EVIDENCE THAT THE PERSON. OF THE
ATTACK TO TRAFFICKED OR SEXUALLY
ABUSED THE CHILD. THE SAFE
CHILDREN ACT ALSO DECLARES THE
LEGISLATURE'S INTENT BUT THESE
CHILDREN BE PROVIDED TREATMENT
SERVICES. THE BILL SPONSORED BY
HUMAN RIGHTS FOR KIDS AND
SUPPORTED BY A DIVERSE GROUP OF
STAKEHOLDER ORGANIZATIONS. I
JOINING ME TODAY IS WITNESSES
AND SUPPORT OUR DEREK HARPER-
WHO WILL SHARE HIS LIVED
EXPERIENCE AS A SURVIVOR OF
ABUSE. WHOSE LIFE SENTENCE WAS
COMMUTED BY GOVERNOR BROWN AND
HE WAS RELEASED FROM PRISON
AFTER SERVING TWENTY YEARS. AND
ALSO EMILY VIRGIN FROM HUMAN
RIGHTS FOR KIDS THANK YOU. EACH
WITNESS HOUSE TWO MINUTES WE
WILL BE TIMING PLEASE. THE FLOOR
IS YOURS. HOW YOU DOING. THANK
YOU OFFER. FOR ALLOW ME TO SHARE
SPACE WITH THE- A LITTLE LESS
THAN. FOUR YEARS AGO. I WAS
RELEASED FROM A CALIFORNIA STATE
PRISON. FROM ABOUT SIX. TO
THIRTEEN. I WAS ABUSED BY
MULTIPLE PEOPLE. AND AT THE AGE
OF SIXTEEN I LOST CONTROL. I
REGRETTABLY TOOK THE LIFE. OF
ONE OF MY ABUSERS. I LOVED THEM.
I CARE ABOUT HIM. HE TRICKED ME
INTO THINKING THAT HE LOVED ME
AS WELL. AND IT BROKE MY HEART.
AFTER I TOOK HIS LIFE BECAUSE I
FELT LIKE I DON'T HAVE ANYONE
ELSE. I'VE BEEN IN FOSTER CARE
SINCE SEVENTEEN MONTHS OLD. I
FELT LIKE. I DON'T HAVE ANYBODY
. AFTER GOING TO PRISON AFTER
BEING TRIED AS AN ADULT. I WENT
TO PRISON WITH NO ONE. BUT I
TRANSFORM AND I CHANGED MY LIFE
. AND I GREW. I BECAME SOMEONE
THAT. OTHER MEN VALUE TO LOOKED
UP TO. AFTER TWENTY YEARS I WAS
COMMITTED BY GOVERNOR JERRY
BROWN AND THEN RELEASED BY
GOVERNOR NEWSOM. TODAY I
ADVOCATE ON BEHALF OF FOSTER
YOUTH. I HAVE A CASE TO ENSURE
THAT. THERE'S NOT ANOTHER JERRY
HARPER. TODAY I'M FORTY YEARS
OLD. HAVE A SEVENTEEN MONTH OLD
SON. HE'S THE SAME AGE HOURS
WHEN I WENT INTO FOSTER CARE.
I'M NOT SURE IF YOU ALL HAVE
CHILDREN. BUT I SEE YOU ALL
ADULTS. MY HOPE IS THAT. YOU ARE
PROTECT CHILDREN. THE WAY I. THE
WAY I'M GOING TO TAKE MY CHILD.
TIME THANK YOU THANK YOU. NEXT
YOU HAVE TWO MINUTES. GOOD
MORNING MADAM CHAIR MEMBERS MY
NAME IS EMILY VIRGIN AND I SERVE
AS THE DIRECTOR OF ADVOCACY AND
GOVERNMENT RELATIONS AT HUMAN
RIGHTS FOR KIDS WE'RE A NATIONAL
NONPROFIT DEDICATED. TO THE
PROMOTION AND PROTECTION OF
HUMAN RIGHTS OF CHILDREN I AM
TESTIFYING TODAY IN PLACE OF MY
COLLEAGUES HERE KRIZAN AND WHO'S
NOT ABLE TO BE HERE TODAY. HER
CASE WHICH TOOK PLACE HERE IN
CALIFORNIA WAS THE ORIGINAL
INSPIRATION FOR LEGISLATION LIKE
THIS. THERE IS SOMEONE WHO WOULD
HAVE BEEN DIRECTLY IMPACTED BY
THIS BILL IF IT HAD BEEN IN
PLACE WHEN SHE WAS A CHILD.
THERE IS LIFE WITHOUT PAROLE
SENTENCE WAS COMMUTED AND SHE
RECEIVED A FULL PARDON FROM
GOVERNOR NAY SIR YEP GOVERNOR
NEWSOM LAST YEAR. SIR NOW WORKS
WITH US THAT HUMAN RIGHTS FOR
KIDS TO ENSURE THE CHILD VICTIMS
ACROSS THE COUNTRY ARE PROTECTED
FROM THE LENGTHY SENTENCES IF
THEY COMMIT CRIMES AGAINST THEIR
TRAFFICKERS ABUSERS WE
UNFORTUNATELY CONTINUE TO SEE
CASES LIKE SERRA INSURANCE
ACROSS THE COUNTRY. AND THAT'S
WHY SIMILAR LEGISLATION HAS BEEN
INTRODUCED IN SEVERAL OTHER
STATES. THE REASONS WHY SEXUALLY
ABUSED OR TRAFFICKED CHILDREN
LASH OUT AGAINST OFFENDERS CAN
BE UNDERSTOOD BY EXAMINING
PSYCHOLOGICAL RESEARCH WHICH
TELLS US THAT GROOMING TACTICS
LEAD TO TRAUMATIC BONDING. THIS
PHENOMENON COME COUPLED WITH THE
FACT THAT CHILDREN'S BRAINS ARE
NOT FULLY DEVELOPED PREVENT THEM
FROM UNDERSTANDING THE
CONSEQUENCES OF THEIR ACTIONS.
CHILDREN WHO SUFFER FROM
REPEATED AND BRUTAL
VICTIMIZATION OFTEN DON'T
UNDERSTAND THAT THEY COULD BE
INCARCERATED FOR AN ACTION THAT
THEY BELIEVE. IS SELF DEFENSE
AGAINST ABUSERS BUT THE LAW DOES
NOT ALWAYS RECOGNIZE THIS UNDER
THE THEORY OF SELF DEFENSE.
CHILDREN WHO COMMIT CRIMES
AGAINST SERVE USERS ARE
ESPECIALLY DESERVING OF OUR
SUPPORT AND COMPASSION. THEY'RE
CATEGORICALLY DIFFERENT FROM
OTHER TYPES OF DEFENDANTS IN THE
CRIMINAL LEGAL SYSTEM. AND TODAY
WE ASK THAT YOU RECOGNIZE THESE
CHILDREN AS VICTIMS AND
SURVIVORS AND KEEP THEM IN THE
SYSTEM THAT WILL BEST SERVE
THEIR NEEDS. SO THAT THEY CAN BE
REHABILITATED AND. HEELS THANK
YOU VERY MUCH FOR YOUR
CONSIDERATION REMASTERS. THANK
YOU- WE WILL MOVE ON TO SUPPORT
WITNESSES- THOSE THAT WOULD LIKE
TO PLEASE COME UP TO THE MIKE
WE'RE GONNA MOVE PRETTY QUICKLY-
NAME ORGANIZATION WHETHER OR NOT
YOU SUPPORT- SEEING NONE WE WILL
NOW MOVE ON TO LEAD OPPOSITION
WITNESSES YOU HAVE TWO MINUTES.
SEEING NONE WE WILL MOVE ON TO
OPPOSITION WITNESSES- PLEASE
STATE YOUR NAME ORGANIZATION AND
THAT YOU OPPOSE. I THINK THAT'S
PATRICK RIVERSIDE COUNTY
DISTRICT ATTORNEY'S OFFICE
REPRESENTING CDA AND WE ARE
OPPOSE UNLESS AMENDED. THANK
YOU- SEEING NO OTHER OPPOSITION
WITNESSES WILL NOW MOVE TO THOSE
WAITING TO TESTIFY VIA
TELECONFERENCE SERVICE JUST
PLEASE STATE YOUR NAME
ORGANIZATION AND POSITION.
MODERATOR PROVIDE PUBLIC. TO
PROVIDE PUBLIC COMMENT IN
SUPPORT OR OPPOSITION TO U. S.
B. FIVE OR FIVE PLEASE PRESS ONE
AND THEN ZERO AT THIS TIME. AND
WE'LL HEAR FROM LINE FORTY SIX.
GOOD MORNING FORTY TO WHITE PM
ON BEHALF OF DISABILITY RIGHTS
CALIFORNIA AND WE ARE IN SUPPORT
. AND WE DO HAVE ONE MORE COMIC
COMING THROUGH ONE MOMENT PLEASE
WHILE WE PROVIDE THEM WITH THEIR
LINE NUMBER.
ONE MORE MOMENT PLEASE. AN
ONLINE THIRTY THREE PLEASE GO
AHEAD. HI MY NAME IS THEIR SON
AND I AM IN SUPPORT- SB FIVE OR
FIVE. AND WE HAVE NO FURTHER
COMMENT AT THIS TIME THANK YOU
WE WILL NOW. BRING THE
DISCUSSION BACK TO MEMBERS I
WANT TO THINK- ALL THE WITNESSES
IS ESPECIALLY YOU SIR AS A
FORMER FOSTER YOUTH MYSELF- I
THINK THAT A LOT OF PEOPLE WHO
HAVE EXPERIENCED THE SYSTEM
REALLY DON'T KNOW THE
PSYCHOLOGICAL AND EMOTIONAL-
AFFECTED REALLY DOES HAVE A
PERSON EVEN YEARS AND DECADES
LATER SO THANK YOU FOR YOUR
TESTIMONY- DO ANY OF OUR MEMBERS
HAVE ANY QUESTIONS THOUGHTS
CONCERNS SENATOR CHOI BOGUE. AND
I'M NOT SURE IF. YOU MIGHT WOULD
LIKE TO SPEAK TO THE
CONVERSATIONS ARE BEING HAD WITH
THE WITH THE DA IS SINCE THE A
FROM FROM RIVERSIDE WITH REGARDS
TO THE AMENDMENTS THAT ARE BEING
PROPOSED WHAT THEY ARE FOR THE
RECORD AND WHERE WE ARE IN THE
PROCESS OF HAVING THIS
CONVERSATION IS. I AM IN SUPPORT
OF THE BILL SO I'M JUST CURIOUS
ABOUT THE- OF THE- THE
AMENDMENTS AND WE'RE- YES THANK
YOU FOR THE QUESTION CENTER-
CHOKE SO- WE HAVE HAD. A
PRELIMINARY CONVERSATIONS WITH
THE- DA'S AND ALSO THE PUBLIC
DEFENDER'S ABOUT SORT OF THE
PROCESS- THAT THAT THIS BILL
WOULD PUT INTO PLACE- THE DA'S I
THINK- IT'S FAIR TO SAY I DO
HAVE- CONCERNS ABOUT THE
MANDATORY NATURE OF KEEPING A
CHILD IN THE JUVENILE COURT
JURISDICTION- BUT- BEYOND. THAT
I THINK THAT WE ARE IN AGREEMENT
THAT THESE ARE THINGS THAT
SHOULD BE CONSIDERED. BY THE
COURT- THE- WHAT WE'RE WORKING
ON IS WHERE EXACTLY THAT FITS IN
SECTIONALS SEVEN OR SEVEN OF THE
WELFARE AND INSTITUTIONS CODE-
SO THAT'S WERE IN AGREEMENT- THE
MANDATORY NATURE I THINK- IS NOT
SOMETHING THAT THAT WE- WOULD
WANT TO CHANGE- AND THEN- I
THINK THAT. THE DISTRICT
ATTORNEY'S- AND THERE SUPPORT
LETTER TALKED ABOUT- HOW. THERE
IS AN AFFIRMATIVE DEFENSE IN
PLACE FOR MINORS WHO ARE VICTIMS
OF TRAFFICKING HOWEVER THAT DOES
NOT APPLY TO. MINORS WHO COMMIT
VIOLENT CRIMES- AND SO THAT
WOULD NOT HAVE AFFECTED CASES
LIKE THEIR INSURANCE THAT WE'RE
TRYING TO ADDRESS- HERE TODAY.
SENATOR YOU HAVE ANY OTHER. NO I
THINK I'M GOOD THANK YOU OTHER
SENATORS. ANY COMMENTS RIGHT
WELL I JUST WANT TO HIGHLIGHT
THANK YOU SENATOR RUBIO FOR
BRING THIS FORWARD- AGAIN THANK
YOU FOR YOUR TESTIMONY AS WELL-
I PERSONALLY FEEL THAT THIS IS-
THIS IS MORE COMPLEX THAN MOST
PEOPLE UNDERSTAND ESPECIALLY AS
A CHILD WHEN YOU ARE GROOMED- TO
BEHAVE A CERTAIN WAY TO THINK A
CERTAIN WAY TO BE AROUND-
CERTAIN PEOPLE- WE'VE ALSO JUST
SEEN. RECENTLY IN THE LAST YOU
KNOW FORTY EIGHT HOURS WHAT'S
HAPPENING IN SACRAMENTO COUNTY
AND WHAT'S HAPPENING TO FOSTER
YOUTH AND IT'S COMPLETELY
DISGUSTING RIGHT. SO I AM PROUD
TO CO AUTHOR THIS- SENATOR IF
YOU IF YOU WOULD ALLOW AND- IF I
CAN ASK FOR A MOTION. SOME OF.
THE M. SENATOR AT BRADFORD-
WOULD YOU LIKE TO CLOSE SENATOR
WINNER RESPECT FOR US FROM A
VOTE THANK YOU. CAN WE CALL ROLL
SB FIVE FORTY FIVE IN MOTION IS
DUE PASSED TO APPROPRIATIONS
CHAIRMAN BOB YES I- TO ABOUT. I
WHICH OF AYE BRADFORD RIGHT FOR
AYE SKINNER. WINNER AYE WIENER
AYE THANK YOU THIS BILL HAS BEEN
PLACED ON CALL- NOW WE WILL HAVE
SENATE BILL FIVE FIVE EIGHT
ANOTHER SENATOR RUBIO BILL THAT
SENATOR WIENER WILL BE
PRESENTING THANK YOU. I THANK
YOU VERY MUCH MADAM CHAIR I WANT
TO ON BEHALF OF SENATOR RUBIO
THANK THAT SHERIN COMMITTEE
STAFF AND WILL. ONCE AND RUBIO
BEHALF EXCEPT THE COMMITTEE
AMENDMENTS TODAY- TO CLARIFY THE
DEFINITION OF DISTRIBUTION. SP
FIVE FIVE EIGHT- AIMS TO
STRENGTHEN PROTECTION FOR
VICTIMS OF CHILD SEXUAL ABUSE
MATERIAL- AND ALLOW VICTIMS MORE
TIME TO SEEK JUSTICE AFTER
DISCOVERING THEIR IMAGE. THIS
BILL WOULD ALSO CHANGE THE
CURRENT PROVISION TO SEEK
JUSTICE TO TEN YEARS AFTER
DISCOVERING CHILD SEXUAL ABUSE
MATERIAL. WERE UNTIL THE VICTIM
TURNS FORTY YEARS OF AGE
WHICHEVER COMES LATER- IN THE
AFTERMATH OF THE COPA NINETY
PANDEMIC ONLINE- CHILD SEXUAL
ABUSE MATERIAL AND GROOMING
TRIPLED. AS CHILDREN REQUIRED TO
STAND SIDE HAD ACCESS TO
TECHNOLOGY. AND SOCIAL MEDIA
PLATFORMS THE STUDY BY THE
AUSTRALIAN E. SAFETY
COMMISSIONER WHICH INTERVIEWED
LAW ENFORCEMENT OFFICERS AND
FRONTLINE RESPOND AS AROUND THE
WORLD. FOUND THAT THE MAJORITY
OF REPORTED INCREASES OR
INCREASED CASES OF ONLINE SEXUAL
EXPLOITATION AND ABUSE INCLUDING
INCREASED NUMBERS OF SEXUAL
ABUSE MATERIAL. OF MANY VICTIMS
SUFFER IN SILENCE TO THIS
DRAMATIC EXPERIENCE. AS THEY MAY
FEEL ASHAMED OR HUMILIATED AND
FOR YOUR- THEIR FAMILY FRIENDS
AND CLASSMATES FINDING OUT. TO
AFFECT THE LIVES OF CHILDREN
FROM ABUSE. STATURE LIMITATIONS-
MUST REFLECT THAT REALITY WE
NEED TO ENSURE THAT THESE
VICTIMS ARE PROVIDED THIS WINDOW
TO SEE JUSTICE. FOR THIS ABUSIVE
AND NONCONSENSUAL MATERIAL THAT
TOOK PLACE WHEN THEY WERE
CHILDREN. I TESTIFYING TODAY ARE
US ON V. AURORA THE DIRECTOR OF
THE YOUTH POWER PROJECT AND
SHODDY- I'M INSIDE A- WHO. WILL
BE TESTIFYING ON BEHALF OF ON
STILL- TO LOS. THEM THIS OP. OF
THE SCHOOL BE. WHO COULD NOT
MAKE IT. THANK YOU I WITNESS YOU
HAVE TO MINUTES WE BE TIME YOU
THINK YOU FOR. GOOD MORNING MY
NAME IS ANDREA EIGHTEEN YEARS
OLD I'M A FIRST YEAR UC BERKELEY
I'M HONORED TO REPRESENT THE
APART PROJECT IN SUPPORTING SB
FIVE FIVE EIGHT- MY FAMILY I'VE
NEVER HAD A REAL CONVERSATION
ABOUT SEX SO WHEN I WAS FIRST
TRANSIT A VERY YOUNG AGE BY
DANGEROUS PEOPLE. I HAD NO IDEA
WHAT WAS GOING ON I'M IN THE SAD
REALITY IS THAT THOUSANDS OF
BOYS AND GIRLS CAN RELATE TO
THIS- BECAUSE WE DON'T ACTUALLY
HAVE THIS KIND OF UNDERSTANDING
THAT A YOUNG AGE AND WE
SHOULDN'T HAVE TO. A FEW YEARS
AGO I MET ANI- CHILD SEXUAL
ABUSE MATERIAL SURVIVOR WHO'S
ALSO MY AGE- WE DO A LOT OF CASE
WORK WITH OUR PEERS WERE
SURVIVORS OF SEXUAL VIOLENCE
WERE SURVIVORS OF CHILD SEXUAL
ABUSE. AND WE HAVE WORKED WITH
THEM AND WE WERE JUST HUNDREDS
OF THEM ON HELPING THEM FILE
CASES HELPING THEM FILE REPORTS
ETCETERA AND WHAT WE FOUND IS
EXTREMELY DISTURBING. THE
CURRENT STATUE LIMITATIONS FOR
TWO CASES REGARDING CHILD SEXUAL
ABUSE MATERIAL EXPIRES TEN YEARS
AFTER THE PRODUCTION OF THE
MATERIAL. TO FURTHER
CONTEXTUALIZES THE AVERAGE AGE
FOR SURVIVORS DEPICTED IN CHILD
SEXUAL ABUSE MATERIAL IS BETWEEN
SIX TO EIGHT YEARS OLD WHICH
MEANS THAT. THE SURVIVORS WILL
LOSE THEIR ABILITY TO FILE CASES
BUT- AGAIN. SERVICES BEFORE THEY
EVEN TURN EIGHTEEN. IN OTHER
WORDS. CAN LOSER. TO SEEK
JUSTICE BEFORE THEY EVEN FINISH
HIGH SCHOOL LET ALONE DISCOVERED
THAT THE ABUSE MATERIAL EXISTS.
CHILD SEXUAL ABUSE MATERIAL NOT
ONLY TANGIBLY IN PERMANENTLY
DOCUMENTS VIOLENCE EACH FILE IS
ALSO EVIDENCE OF A CRIME SCENE.
BUT WE GIVE A VERY SHORT SHELF
LIFE. CURRENT CALIFORNIA LAW
VISIT WE DISCARD CHILD SEXUAL
ABUSE MATERIAL WHEN DISCUSSING
MATTERS OF CHILD ABUSE. WHICH
NOT ONLY VALIDATE TO AS A SOURCE
OF TRAUMA FOR SURVIVORS BUT ALSO
DISPARAGES ITS UBIQUITOUS
EFFECTS. ON SURVIVORS LIVES.
SPEAKING OF UBIQUITY THREE
HUNDRED AND TWENTY TWO MILLION
FILES OF CHILD SEXUAL ABUSE
MATERIAL WERE FOUND ON THE
INTERNET THIS YEAR BY THE FBI. A
NUMBER THAT'S ONLY. OF BELIEVED
TO BE I THINK 3% OF THE TOTAL
NUMBER THAT. SUPPOSEDLY ON THE
INTERNET. I'M IN CALIFORNIA
WE'VE SEEN CHILD SEX ABUSE UNTIL
TRIPLED ABOUT THE PANDEMIC BUT
THE NUMBER OF CASES THAT WERE
FILED. DROPPED BY 50% OVER THE
COURSE OF THE PANDEMIC WHICH
SHOWS. THAT THERE'S A HUGE
DIVIDE BETWEEN THE NUMBER OF
CASES BEING FILED IN THE ACTUAL
AMOUNT. OF CHILD SEXUAL ABUSE
MATERIAL BEING DISSEMINATED. NOW
MORE THAN EVER TO CENTRAL AS
PREDATORS CONTINUE TO ADAPT TO
THE INTERNET OUR LAWS DO SO AS
WELL. DID THE DISPLAY OF OBSCENE
MATTER OF AN ABUSED CHILD'S
NEVER BE UP FOR DEBATE. TIME
THANK YOU THANK YOU. NEXT
WITNESS TWO MINUTES. THIS GOOD
MORNING MY NAME IS SHANTI. MY
DAUGHTER I'M A STUDENT AT UC
BERKELEY IN LA NATIVE. I WORK
WITH THE PROTECT KIDS NOT IF YOU
JUST COALITION WITH THE YOUTH
POWER PROJECT WHICH SPECIALIZES
IN CONDUCTING CASE WORK WITH
YOUTH VICTIMS OF SEXUAL
VIOLENCE. SENATE BILL FIVE FIVE
EIGHT WAS INFORMED AS A PRODUCT
OF THE STUDENTS EXPERIENCES AND
I AM HONORED TO READ TESTIMONY
OF THESE CALIFORNIA HIGH
SCHOOLERS ON THEIR BEHALF. FOY'S
IN MY MIDDLE SCHOOL CHOIR TOOK
AND SHARED OVER TWENTY EXPLICIT
NAKED PHOTOS OF ME OVER A THREE
YEAR PERIOD TAKEN UNBEKNOWNST TO
ME. WHILE I WAS CHANGING IN THE
LOCKER ROOM DURING CHOIR. THESE
BOYS DID NOT CARE FOR MY PRIVACY
AND THEY FELT COMFORTABLE
CASUALLY DISRESPECTING MY BODY
WITHOUT HESITATION. OR FEAR OF
REPERCUSSION. NEVER THE LESS I
MUSTERED UP THE COURAGE TO TELL
MY TEACHER. BUT MY VERY VALID
CONCERNS WERE DISMISSED. I WAS
TOLD THIS IS NORMAL IT'S NOT
THAT BAD ITS WORST
PROFESSIONALLY AND NOTHING WAS
DONE TO PROTECT MY PRIVACY. THE
BOYS KEPT CONTENT- CONTINUE TO
TAKE AND SHARE MY PHOTOS. WELL
MY PLEASE TO MY TEACHER WERE
IGNORED NO MATTER HOW MUCH I
BACK. TIME AND TIME AGAIN MY
EXPERIENCES WERE MINIMIZED
FORGOTTEN ALREADY KILLED IN MY
LIFE WILL NEVER BE THE SAME.
TODAY I'VE QUIT CHOIR I CAN'T
CHANGE A LOCKER ROOMS I SEE
THESE BOYS EVERY DAY AT SCHOOL.
MY FEAR OF THESE PHOTOS CAN
NEVER BE TRULY RAISED AND THEY
STAY WITH ME EVERY DAY. THE
STUDENTS TESTIMONY IS ONE OF
HUNDREDS WE COLLECTED THROUGHOUT
REACH WITH VICTIMS OF CHILD SEX
ABUSE MATERIAL. AND THEY DESERVE
TO TAKE RECOURSE AGAINST THEIR
ACCUSERS. THE RIGHT SHOULDN'T BE
TAKEN AWAY BY SHORT ARBITRARY
DEADLINE. OFTEN TIMES THESE
VICTIMS ARE AWARE THAT THERE ARE
MATERIALS OR EVEN OUT THERE
UNTIL IT'S TOO LATE. FOR OF
USERS LOOKING TO STAY IN THIS
DISGUSTING GAME FOR THE LONG
HAUL. THERE ARE SO MANY
LOOPHOLES THAT LET THEM GET AWAY
WITH LESSER SENTENCES. SB FIVE
FIVE A CLOSES SOME OF THESE
HOLES AND PUT SERVICE FIRST. I
STRONGLY ENCOURAGE AN AYE VOTE
THANK YOU. THANK YOU WILL NOW
MOVE ON TO. SUPPORT WITNESSES-
SPECIFICALLY STATE YOUR NAME
ORGANIZATION THE SUPPORT.
MANAGER MEMBERS RANDY PERRY ON
BEHALF OF PORK IN SUPPORT. YEAH
OKAY. ANYBODY ELSE. ALL RIGHT
SEEING NONE WE WILL MOVE TO LEAD
OPPOSITION WITNESSES OKAY- SORRY
GO AHEAD. A JUROR HARPER WITH
FRIENDS AT WORK. I URGE YOUR
SUPPORT. THANK YOU- ANY
OPPOSITION WITNESSES LEAD
OPPOSITION HAS TWO MINUTES.
SEEING NONE WE WILL MOVE ON TO
OPPOSITION WITNESSES HERE IN
THIS ROOM. SEEING NONE WE WILL
MOVE ON TO WITNESSES WAITING TO
TESTIFY VIA TELECONFERENCE
SERVICE PLEASE JUST STATE YOUR
NAME ORGANIZATION AND POSITION
MODERATOR IF YOU'D PLEASE PROMPT
INDIVIDUALS WAITING TO TESTIFY.
TO PROVIDE PUBLIC COMMENT IN
SUPPORT OR OPPOSITION TO S. B.
FIVE FIVE EIGHT. PLEASE PRESS
ONE THE EURO AT THIS TIME. AND
WE HAVE A COMMENT FROM THE LINE
THIRTY THREE. HI YES MY NAME
AFFECTED BY AND I'M WITH HIM AND
I THE KIDS. THE FACT THAT. THANK
YOU- THANK YOU TO OUR WITH WILL
NOW BRING THE DISCUSSION BACK
MA'AM MEMBERS WE HAVE ANY
QUESTIONS THOUGHTS CONCERNED
SENATOR CHOI BOGUE. SO TO THE
AUTHOR WOULD LOVE TO BE ADDED AS
A CO AUTHOR ON THIS BILL. THANK
YOU VERY MUCH BRING IT FORTH FOR
THE WITNESSES AND THEIR BRAVERY
COMMUNITY AT. WHO DOES. HE
CONTINUE BEING STRONG ADVOCATES
AND- WE LIVE TEACHER KINDER
MOVING FORWARD. THANK YOU- ANY
OTHER CENTERS LIKE TO COMMENT ON
THIS. SEEING NONE- SENATOR WHICH
LIKE CLOSE SPOKE FOR US FOR A
VOTE THANK YOU I DO HAVE A
MOTION. SENATOR BRADFORD MOVES
THE BILL CAN WE- ASK FOR ROLL
CALL PLEASE SB FIVE FIVE EIGHT
MOTION IS TO PASS AS AMENDED TO
A G. JUDICIARY COMMITTEE
CHAIRMAN BOB I HAVE I TO ABOUT.
JOB AYE BRADFORD BRADFORD AYE
SKINNER WIENER AYE WIENER AYE
THANK YOU THIS BILL HAS BEEN
PLACED ON CALL THANK YOU SENATOR
RUBIO THANK YOU SENATOR WIENER.
WE WILL MOVE ON- SAN- TROUBLE D.
YOU FEEL THAT YOU HAVE WOULD YOU
LIKE TO GO NEXT. OH SORRY IS
SENATOR JONES HERE I AM. THANK
YOU YOUR FOR ME. SENATOR JOE
WOULD YOU TO FOR- S. EIGHT TWO.
THE FLOOR IS YOUR. THE FIRST
TIME A BILL AT. GOOD MORNING
CHIU AND A MEMBER. GOOD JOB
GETTING THE- MEETING SET UP WITH
THAT WE'RE GONNA BE HERE TO FIVE
THIS AFTERNOON. I WANT PRESENT A
SENATE BILL EIGHT TWO WHICH MAY
LOOK SOMEWHAT FAMILIAR TO THE
COMMITTEE. IT PROVIDES
ADDITIONAL OVERSIGHT TO THE
PROCESS BY WHICH A SEXUALLY
VIOLENT PREDATOR GETS PLACED
BACK INTO OUR COMMUNITIES. A
SEXUALLY VIOLENT PREDATOR KNOWN
AS AN S. B. P. AS AN INDIVIDUAL
CONVICTED OF A SEXUALLY VIOLENT
OFFENSE AND DIAGNOSED WITH THE
SPECIFIC MENTAL DISORDER THAT
CAUSES THEM TO BE A DANGER TO
OTHERS WITH A HIGH LIKELIHOOD TO
RE OFFEND. WHEN SVP IS
DETERMINED TO BE READY FOR
RELEASED FROM CIVIL COMMITMENT
UNDER THE DEPARTMENT OF STATE
HOSPITALS A PROCESS KNOWN AS
CONRAD BEGINS C. O. N. R. U. P.
CONDITIONAL RELEASE. CURRENTLY
THE DEPARTMENT USES A CONTRACTOR
TO EXECUTE THE ENTIRE CONRAD
PROCESS TAKING LITTLE TO NO
RESPONSIBILITY FOR THE
OVERSIGHT. THIS BILL MAKES
SEVERAL IMPORTANT UPDATES TO THE
CONRAD PROCESS FIRST SENATE BILL
EIGHT THIRTY TWO WILL REQUIRE
THE HIGHEST PRIORITY FOR ALL
POTENTIAL S. B. P. COMMITTEE
PLACEMENTS TO BE PUBLIC SAFETY.
ADDITIONALLY SB EIGHT THIRTY TWO
REQUIRES THE DEPARTMENT TO TAKE
A BIGGER ROLE IN CONRAD BY
REQUIRING THE DEPARTMENT TO
APPROVE ANY LEASE THE VENDOR
SIGNS BEFORE IT IS SIGNED. THIS
WILL HELP CURB THE ISSUE OF THE
VENDOR BEING COMMITTED TO A
LEASE BEFORE A JUDGE HAS
APPROVED THE PLACEMENT. AND
THAT'S BEING STUCK WITH PAYMENT
IF THE PLACEMENT IS DENIED. THIS
BILL WILL ALSO PROVIDE
ADDITIONAL TRANSPARENCY BY
REQUIRING THE DEPARTMENT TO
PUBLISH AN ANNUAL PUBLIC REPORT
ABOUT PLACEMENTS AND REQUIRING
SEVERAL STATE AGENCIES. PROCESS
PUBLIC LANDS IN THEIR CONTROL
THAT MAY BE ADEQUATE FOR IT USE
AS SVP PLACEMENTS. ADDITIONALLY
SB EIGHT THIRTY TWO REQUIRES SB
PEAS TO BE PLACED MORE THAN FIVE
MILES AWAY FROM FEDERAL LAND
DEFINED AS INDIAN COUNTRY. IN
ORDER TO RESPECT THE SOVEREIGN
NATURE OF TRIBAL LAND THROUGHOUT
THE STATE. THESE SMALL CHANGES
WILL AFFORD MORE OVERSIGHT TO
THE PLACEMENT PROCESS AND HELP
HELP INSURE MORE APPROPRIATE
PLACEMENTS OF SDP'S. I HAVE A
COUPLE OF WITNESSES TODAY AND-
THERE MIGHT BE. CENTER OF OUR
GILL MIGHT COME DOWN TO TESTIFY
AS WELL I'M NOT OUR- TO HELP
WITH THE CLOTHES- THESE SMALL.
WITH SERVED WITH ME TODAY I HAVE
RINCON CHAIRMAN VETERAN CONTROL
CHAIRMAN BO MAZZETTI TO TESTIFY
IN SUPPORT. AND ARE SENATE
COLLEAGUES- SENATOR BEN HUESO
ALSO HERE. TO TESTIFY IN
SUPPORT. THANK YOU YOUR FIRST
LEAD WITNESS HAS TWO MINUTES
PLEASE APPROACH THE MIKE- AND
AGAIN WE ARE TIME YOU. GERMAN
RESERVE A THE COMMITTEE MY NAME
IS BOTH MAJORITY. CHAIRMAN OF
THE RINCON BANDEL SAY NEW
INDIANS IN SAN DIEGO COUNTY. I'M
ALSO PRESIDENT OF THE SOUTHERN
CALIFORNIA TROUBLE TERM
DISSOCIATION. AND CHAIR OF THE
CALIFORNIA TRIBAL CHAIRPERSONS
ASSOCIATION. YOU ALL KNOW. THERE
ARE RESERVATIONS. THROUGHOUT THE
STATE WHATEVER COUNTY THERE IN
THERE IN THE MOST REMOTE AREAS.
WE HAVE THE LEAST AMOUNT. OF LAW
ENFORCEMENT IT'S NOT ANYBODY'S
FAULT. YOU JUST CAN'T COVER THE
AREA. OUR PEOPLE WERE PLACED.
WHERE THEY ARE IN THE COMING
YEARS THROUGHOUT THE STATE.
BECAUSE THE DOMINANT SOCIETY
DOES NOT WANT THE INDIAN PEOPLE
AROUND THEM. NOW WHAT'S
HAPPENING SOME OF THE WORST IN
SOCIETY. ARE BEING PLACED OUT.
BY OUR HOMELAND. WE WANT TO
PROTECT OUR WOMEN AND CHILDREN
THROUGH. SO I ASK YOU IF WE TALK
ABOUT EQUALITY AND JUSTICE.
LEAVES SUPPORTERS BILL. THANK OF
THE ANY PEOPLE THROUGHOUT THIS
STATE. BASKET HUMBLY TO SUPPORT
THE BILL THANK YOU. THANK YOU
NEXT SUPPORT WHEN S. TWO MINUTES
. THANK YOU VERY MUCH OF BEN
HUESO FORMER SENATOR.
REPRESENTING SAN DIEGO ON
COUNTIES AND- FORMALLY I ALSO
WORKED AS A CITY COUNCILMEMBER
ARE FOR THE CITY OF SAN DIEGO
AND THIS WAS AN ISSUE THAT I'VE
DONE. QUITE A QUITE A BIT OF
WORK ON OVER THE YEARS AS A
REPRESENTATIVE GOVERNMENT- EVEN-
WORKED WITH- VICTIMS OF SEXUAL
PREDATORS. ALSO WORKED ON SOME
BILLS HERE ON THE LEFT
LEGISLATURE THAT- REQUIRED
MONITORING. OF SEXUALLY VIOLENT
PREDATORS ALTHOUGH IT MADE IT A-
OPTIONAL PROCESS OF THE COUNTIES
COULD FOLLOW UNFORTUNATELY WHILE
WE WORKED. TO ADOPT THIS PROGRAM
IN SENEGAL COUNTY WAS NEVER
FULLY ADOPTED SO THERE ARE QUITE
A BIT OF AREAS WHERE WE HAVE.
HOLES IN THE PROCESS THAT LEAD
TO A HOLDING OF THESE
INDIVIDUALS ACCOUNTABLE. MAN
ALSO ENSURING THAT THE VICTIMS
OF THESE- UP OF THESE PRESS. ARE
OUR HELD. THE PROCESS THAT WE
CREATE OFTEN. DOES NOT PROVIDE
ANY SAFETY TO THE PREDATORS SO
THIS IS A COMMON SENSE BILL I CO
AUTHORED IT LAST YEAR. I HOPE
THAT THIS YEAR THIS BILL COULD
GET FURTHER THAT THE STATE
GOVERNMENT COULD WORK TO CREATE
A PROCESS BY WHICH THE VICTIMS
OF SEXUAL PREDATORS CAN COULD
REALLY LIVE IN SAFE COMMUNITIES.
AND I HOPE THAT YOU GUYS ARE
WILLING TO WORK WITH THE AUTHOR
TO MAKE THIS BILL HAPPEN
APPRECIATED VERY MUCH THANK YOU
THANK YOU- WE WILL NOW MOVE ON
TO SUPPORT WITNESSES- PLEASE
STATE YOUR NAME ORGANIZATION AND
THAT YOU SUPPORT. SEEING NONE WE
WILL MOVE ON TO LEAD OPPOSITION
WITNESSES- THE LEAD OPPOSITION
WITNESS HAS TWO MINUTES WE WILL
BE TIMING THANK YOU. GOOD
MORNING LESLIE CALDWELL HOUSTON
FOR THE CALIFORNIA PUBLIC
DEFENDER'S UP ASSOCIATION IN
OPPOSITION TO THIS BILL. LOOKING
AT THE HISTORY OF THE S. B. P.
A. SHOWS US HOW MISGUIDED SB
EIGHT THIRTY TWO IS THE S. B. P.
A. IS DESIGNED TO ENSURE THAT
THE COMMITTED PERSON DOES NOT
REMAIN CONFINED ANY LONGER THAN.
THAT AND THEY SUFFER FROM A
MENTAL ABNORMALITY MELODY SORRY
I'M SLIPPING. RENDERING THEM
UNABLE TO CONTROL TROLL THEIR
DANGEROUSNESS THE STATUTE
RECOGNIZES THAT THE NEED FOR
CUSTODY AND THE NEED FOR
TREATMENT ARE TWO SEPARATE
THINGS. WELL WE HAVE DEEP
RESPECT FOR IN OUR INDIGENOUS
PEOPLES BANDING PLACEMENTS
WITHIN FIVE MILES OF FEDERAL
LAND A. K. INDIAN COUNTRY. COULD
CAUSE CONSIDERABLE PROBLEMS WITH
PLACEMENT THERE ARE BETWEEN A
HUNDRED AND A HUNDRED ONE NINE
SEPARATE RESERVATIONS AND
RANCHERIAS PLUS INDIVIDUAL
INDIAN TRUST ALLOTMENTS IN
CALIFORNIA. THE MAJORITY OF
THESE ARE IN RIVERSIDE SAN DIEGO
AND MENDOCINO COUNTIES SB EIGHT
EIGHT THREE TWO PROPOSED BAN
DEPENDING ON THE LOCATION OF THE
RESERVATIONS. COULD PROHIBIT. A
CONDITIONALLY RELEASED S. B. P.
PATIENT FROM BEING PLACED
ANYWHERE IN ALL OF RIVERSIDE
MENDOCINO AND SAN DIEGO COUNTIES
. THIS BILL MAKES IT EVEN MORE
DIFFICULT FOR S. B. P. PATIENTS
TO OBTAIN RELEASE THAN IT
ALREADY IS AND THIS ENDANGERS
THE CONSTITUTIONALITY OF THE S.
B. P. ACT S. S. B. EIGHT THREE
TWO SIX TO MAKE THE PROCESS
RELEASING AN INDIVIDUAL WHO HAS
BEEN FOUND TO BE SAFE. UNDER
SUPERVISION IN THE COMMUNITY
EVEN MORE DIFFICULT TO DO I
REQUIREMENTS- RECTOR OF ST
HOSPITALS A POLITICAL APPOINTEE
TO PERSONALLY APPROVE EACH
PLACEMENT BEFORE LEASES SIGNED
AND TO VERIFY THIS WITH THE
COUNTIES. POLITICALLY APPOINTED
EXECUTIVE OFFICER. IN WHICH-
THEIR PLACEMENT WOULD TAKE PLACE
THE- FINDING A PLACEMENT MANY
COMMUNITY NOW FOR CONDITIONALLY
RELEASED S. B. P. DONE. WE WILL
IF THERE'S ANY OTHER OPPOSITION
WITNESSES YOU HAVE TWO MINUTES
SEEING NONE WILL MOVE TO OTHER
OPPOSITION PLEASE STATE YOUR
NAME YOUR ORGANIZATION AND THAT
YOU OPPOSE. MELODY CONCERNS GO
PUBLIC DEFENDER'S OFFICE OPPOSE
THANK YOU ONE BACCHUS- BAKER
CENTER FOR HUMAN RIGHTS OPPOSED.
THANK YOU. SEEING NO OTHER
WITNESSES HERE IN THIS ROOM WILL
NOW MOVE ON TO WITNESSES WAITING
TO TESTIFY VIA TELECONFERENCE
SERVICE PLEASE YOU STATE YOUR
NAME ORGANIZATION AND POSITION
MODERATOR PLEASE PROMPT
INDIVIDUALS WAITING TO TESTIFY
AND WILL BEGIN. IF PROVIDE
PUBLIC COMMENT IN SUPPORT OR
OPPOSITION TO S. B. EIGHT THREE
TWO PLEASE PRESS ONE ZERO AT
THIS TIME. AND WE HAVE A FEW
COMMENTS- QUEUING UP FIRST WE'LL
HEAR FROM LIKE NINETY ONE. SH HI
GOOD MORNING MADAM CHAIR AND
COMMITTEE MEMBERS THIS IS GAIL
STEWART CALLING ON BEHALF OF SAN
DIEGO COUNTY DISTRICT ATTORNEY
SUMMER STEPHAN IN STRONG SUPPORT
FOR SB THREE EIGHT THREE TWO
THANK YOU. ONLINE THIRTY THREE.
AT THE TWO THIRTY ONE AND I AM
IN SUPPORT OF AT THE EIGHT THREE
TWO. ENGINE LINE FIFTY. KEEP
YOUR LANGLEY FROM YOUR CEMEX
ONLY HALF OF THE COUNTY OF SAN
DIEGO IN SUPPORT THANK YOU. I
FIND IT VERY. MORNING I AM
ELAINE WITHOUT CALLING ON BEHALF
OF SAN DIEGO COUNTY DISTRICT
SUMMER STEFAN'S WE ARE IN TRUMP
SUPPORT. LINE. FIFTY FOUR. THANK
YOU OF MANAGER- COMMITTEE TRACK
WILL BE HALF OF THE SANDAL OUT
OF MISSION INDIANS IN STRONG
SUPPORT. AND THAT WE HAVE NO
FURTHER COMMENT AT THIS TIME.
THANK YOU I WILL NOW MOVE THE
DISCUSSION TO COMMITTEE MEMBERS
MEMBERS DO WE HAVE ANY QUESTIONS
THOUGHTS CONCERNS. SEEING NONE
WE WILL ASK FOR THE SENATOR TO
CLOSE THANK YOU MADAM CHAIR- AS
YOU CAN SEE- WE'VE PUT A LOT OF
EFFORT THIS YEAR INTO MAKING
THIS BILL- WELL IT STARTED OUT
NONPARTISAN CONTINUES TO BE
NONPARTISAN THIS ISN'T A
PARTISAN ISSUE- THE SEXUALLY
VIOLENT PREDATOR PROGRAM IN
CALIFORNIA. IS NEGATIVELY
AFFECTING NEIGHBORHOODS
THROUGHOUT THE STATE I'LL JUST
I'LL JUST GIVE ONE RECENT
EXAMPLE THE KIND OF SHOWS THE-
TONE DEAFNESS OF THIS PROGRAM-
AND THEN THE CONTRACTOR LIBERTY
HEALTH- IN THE IN THE PROCESS OF
USING THE CURRENT LAW AS IT IS
WRITTEN. DICE CALIFORNIA WHICH
WERE ALL VERY FAMILIAR WITH
SUFFERED A HORRENDOUS- A NATURAL
DISASTER A COUPLE YEARS AGO WITH
A MAJOR FORCE FIRE. THAT CAME
THROUGH- RICE AND BURNED DOWN
MOST OF THE COMMUNITY THAT
COMMUNITY IS CURRENTLY IN THE
PROCESS OF REBUILDING- MANY OF
THE RESIDENTS OF PARADISE. HAVE
NOT EVEN- COMPLETED THEIR-
SETTLEMENTS WITH THEIR INSURANCE
COMPANIES OR BEEN ABLE TO
REBUILD THEIR HOMES. BUT SOME
HAVE AND LIBERTY TOOK ADVANTAGE
OF THAT SITUATION AND PROPOSED A
PLACEMENT IN PARADISE CALIFORNIA
IN A BRAND NEW HOME. I AND THEN
THAT THE PERSON BEING PLACER WAS
UNSATISFIED WITH THE FURNISHINGS
OF THE HOME AND LIBERTY WAS
PROPOSING TO REPLACE ALL THE
FURNISHINGS IN THE HOUSE TO
ACCOMMODATE. THE S. V. PEAS. OUT
PREFERENCES ON THAT ALL THE
WHILE. RESIDENTS OF PARADISE THE
GREW UP THERE HAVE NOT BEEN ABLE
TO MOVE BACK TO THEIR HOME. AND
PLACES SEXUAL MIND PREDATOR IN A
SMALL COMMUNITY IN A RURAL AREA
AWAY FROM SERVICES. AND THE
PUBLIC DEFENDER'S OFFICE DID
PROPERLY SAY THAT. THESE
SEXUALLY VIOLENT PREDATORS DO
REQUIRE ADDITIONAL SERVICES
AFTER THE RELEASED THEY HAVE-
MANY OF THEM ARE ALL OF THEM
HAVE THERAPY THAT THEY HAVE TO
GO TO- SOME OF THEM REQUIRE
MEDICATIONS THAT THEY ARE
PRESCRIBED. AS PART OF THEIR
RELEASE. AND CURRENTLY LIBERTY
CONTINUES TO. PROPOSE TO PUT
THESE PLACEMENTS MILES HUNDREDS
IN SOME CASES HUNDREDS OF MILES
AWAY FROM THE CLOSEST SERVICES
AVAILABLE. I DO WANT TO ADDRESS
A COUPLE OF THINGS THAT THE
PUBLIC DEFENDER CANNOT USE AS A
EUPHEMISM IN THIS PROGRAM-
SAYING THAT THE SEXUAL VIOLENT
PREDATORS SUFFERS. AND THAT
THEIR PATIENT ALL THOSE ARE
ACCURATELY LEGAL TERMS IT
DOESN'T NECESSARILY TELL THE
STORY OF THE CRIMES THAT THE
SECOND SEXUALLY VIOLENT
PREDATORS HAVE COMMITTED. IN
MOST CASES WHEN THE NEWS MEDIA
IS COVERING THE CRIMES THAT THE
SEXUALLY VIOLENT PREDATORS HAVE
COMMITTED. THE NEWS MEDIA WILL
NOT EVEN. START TO EXPLAIN THE
CRIMES THAT THEY'VE COMMITTED
BECAUSE THEY ARE SO HEINOUS. AND
SO GRAPHIC. THAT PRINT MEDIA AND
REPORTING MEDIA WILL NOT
DESCRIBE THE TYPES OF CRIMES
THAT THEY'VE COMMITTED. ONE OF
THE SEXUALLY VIOLENT PREDATORS.
AS THE COURSE OF THEIR TREATMENT
TO THE STATE HOSPITALS FOR
ADMITTED HAVING OVER. FIVE
HUNDRED. VICTIMS UNDER THE AGE
OF EIGHTEEN BOTH BOYS AND GIRLS
. AND- IF IT WOULD BE OKAY MADAM
CHAIR I SEE THAT CENTER OVER I'M
ALMOST DONE WITH MY CLOTHES I
HAVE LIKE TWO MORE LINES- AND IF
YOU WOULD ALLOW CENTER ALREADY
GUILTY GIVE HER QUICK COMMENTS
HONEST I'D APPRECIATE IT THANK
YOU. DO YOU WANT TO FINISH YOUR
LINES FIRST. NO OF COURSE OKAY.
THANK YOU MADAM CHAIR I
APOLOGIZE FOR THE DELAY AND KIND
OF HOLD IT CROSS THE STREET- I
WANTED TO PRESENT IN CONJUNCTION
WITH CENTER JONES AS CO AUTHOR
OF THIS BILL AND TO HIGHLIGHT
THE WORK THAT WAS DONE BY THIS
LEGISLATIVE BODY JUST LAST YEAR-
WITH THE PRO TEM'S BILL THAT
HELPS TO CLOSE SOME OF THOSE
LOOPHOLES AND ADD.
ACCOUNTABILITY FOR SBP
PLACEMENTS HERE IN CALIFORNIA AS
OF JANUARY FIRST TWENTY TWENTY
THREE THOUGH THAT NEW BILL HAS
NOW BEEN ENACTED AND I WAS ABLE
TO WITNESS FIRSTHAND THE IMPACT
ON THE COMMUNITY BY HAVING THAT
NEW BILL IN PLACE. THIS BILL IS
AN EXTENSION OF THE WORK THAT'S
ALREADY BEEN DONE BY THIS
LEGISLATURE UP WORK THAT WAS
IDENTIFIED BY THE PRO TEM ATKINS
AND HER BILL FOR US TO MOVE
FORWARD TO PROTECT OUR
COMMUNITIES AND TO ALLOW
FURTHER. WAYS FOR LOCAL
COMMUNITIES TO HAVE A VOICE TO
JUST LAST WEEK I PRESIDED OVER
TOWN HALL IN AMADOR COUNTY- WITH
THE SHERIFF AND WITH THE
DISTRICT ATTORNEY. AND OVER TWO
HUNDRED COMMITTEE MEMBERS OF
AMADOR COUNTY. WE WERE THERE TO
DISCUSS THE PLACEMENT OF AN S.
B. P. PERSON COMING OUT OF THE
DEPARTMENT OF STATE HOSPITALS.
THIS WAS A PERSON THAT HAD ZERO
TIES TO THE AMADOR COUNTY
COMMUNITY. THAT HAD NEVER WORKED
THERE HAD NO FAMILY MEMBERS BUT
YET WAS BEING- PLACE THERE- AS A
OPPORTUNITY TO UP FOR LONG TERM
HOUSING. NOW DURING THAT DURING
THAT HEARING- WE WERE ABLE TO
GET TESTIMONY FROM THE PUBLIC
AND THE PUBLIC TALKED ABOUT THE
LOOPHOLES THAT STILL EXIST THE
CRACKS IF YOU WERE WILL IN THIS
LAW WHICH ALLOWS SEXUAL VIOLENT
PREDATORS TO BE PLACED. CLOSE TO
A BUS STOP FOR EXAMPLE OR SCHOOL
BUS STOP IN THIS PARTICULAR CASE
FAMILY MEMBERS CAME FORWARD AND
SAID THAT THE STATE DID NOT HAVE
CONVERSATIONS WITH THE NEIGHBORS
THOSE WHO LIVES TO THE RIGHT.
AND THOSE WHO LIVED TO THE LEFT
WHICH INCLUDED HOUSING FOR A
GRANDMOTHER THAT HAD
GRANDCHILDREN COLLUDING
GRANDDAUGHTERS THAT FREQUENT THE
FREQUENTED HER HOME IN THE
SUMMER AND- HAD SEVERAL PARTIES
OVER- IN THE SWIMMING POOL AREA.
THIS WAS THERE WAS ALSO A FAMILY
TO THE OTHER SIDE THAT HAD BEEN
VICTIMIZED IN THE PAST AND HAD
THAT TRAUMA THAT THEY WERE STILL
LIVING WITH. SO WHAT I WAS ABLE
TO WITNESS WAS BEER WAS CARE AT
A PLEADING FROM OUR COMMUNITY
FOR US LEGISLATORS TO DO MORE SO
I'M HERE TODAY TO SUPPORT THIS
BILL AS CO AUTHOR AND TO REMIND
US OF THE WORK THAT WE'VE
ALREADY DONE. AND ASK THIS
COMMITTEE TO ALLOW THIS BILL TO
MOVE FORWARD TO COME OUT OF THIS
COMMITTEE SO WE CAN CONTINUE
HAVING THE CONVERSATIONS OF HOW
TO PROTECT OUR WOMEN CHILDREN
AND FAMILIES. THIS IS A GREAT
BUILT THAT ALLOWS US TO CONTINUE
TO DO THE WORK THAT WE ALREADY
DID LAST YEAR BUT ALLOWS US TO
LOOK CLOSER TO ENSURING THAT OUR
COMMUNITIES ARE SAFE THANK YOU.
THANK YOU SENATOR OVER A BILL.
AND I WILL SKIP MY LAST TWO
COMMENTS BECAUSE- THAT RE MUCH
SUMMED IT UP I WILL ASK FOR YOUR
AYE VOTE THANK YOU. TO HAVE A
MOTION. US SENATOR OCHO VOGUE
HAS MOVED THIS BILL I CAN RECALL
ROLE. SB EIGHT THIRTY TWO
MOTIONS TO PASS TO
APPROPRIATIONS CHAIR HA NO. HAVE
NOW JOE ABOUT. JOB AYE BRADFORD
. SKINNER WINNER. WINNER NOW.
THANK YOU THIS BILL HAS BEEN
PLACED ON CALL. WE WILL BE
TAKING A SHORT RECESS AND
RECONVENING AT ONE THIRTY THANK
GOD I'M NOT I'M SURE IN THE
EVENT THAT THIS BILL DOES FAIL.
MASTERY CONSIDERATION YES 1100%
THANK YOU.
ALL RIGHT- SO WE WILL RECONVENE
AND WE'RE GONNA BE STARTING WITH
SENATE BILL. SEVEN FORTY NINE-
SENATOR SMALLWOOD CUEVAS IS
GOING TO BE PRESENTING SENATOR
YOU HAVE. FOR GOOD AFTERNOON
COMMITTEE MEMBERS MADAM CHAIR- I
AM PLEASED TO PRESENT SB SEVEN
FORTY NINE- WHICH WILL ALLOW
COUNTIES TO USE PROPOSITION
FORTY SEVENS ORIGINAL MORE
STREAMLINED PROCESS FOR
QUALIFIED INDIVIDUALS TO FILE
PETITIONS TO SEEK RECORD THREE
CLASSIFICATION OR RESENTENCING
THAT LAPSED- IN THE NOVEMBER IN
NOVEMBER OF LAST YEAR- FROM
NINETEEN EIGHTY TO TWO THOUSAND
THE CALIFORNIA STATE PRISON GREW
BY TWO HUNDRED AND 25%
INCREASING THE AMOUNT OF
TAXPAYER DOLLARS- EXTRACTED TO
PUT INTO THAT SYSTEM WHILE
DESTABILIZING MANY OF OUR
COMMUNITIES. BUT IN TWO THOUSAND
FOURTEEN VOTERS OF CALIFORNIA
SAID ENOUGH AND ENACTED
PROPOSITION FORTY SEVEN. IT TOOK
A LONG TIME FOR CALIFORNIA- TO
GROW TO BE THE LARGEST PRISON
SYSTEM IN THE COUNTRY AND IT'S
GOING TO TAKE A LONG TIME FOR US
TO REBUILD- OUR LIVES IN AND OUR
STATE. OUT OF THAT PROCESS- IN
IN A BIG PIECE OF THAT IS MAKING
SURE THAT THOSE RE ENTERING OUR
COMMUNITIES WITH CONVICTION CAN
DO SO SMOOTHLY. AS WE ALL KNOW A
FELONY CONVICTION CAN FOLLOW AN
INDIVIDUAL AND HINDER THEIR
ABILITY TO GAIN. REAL
EMPLOYMENT- STABLE HOUSING AND
TO CREATE THE LIFE THAT WE WANT
EVERYONE OF OUR RESIDENTS- TO
HAVE THE INABILITY OF MANY
FORMERLY INCARCERATED PEOPLE TO
ESTABLISH A NEW LIVELIHOOD AFTER
RELEASE HAS LED TO. SO MANY OF
OUR COMMUNITIES ARE STRUGGLING.
TO PROVIDE OPPORTUNITIES FOR
THOSE MOST VULNERABLE
POPULATIONS IT ALSO IS ADDING TO
ASTRONOMICAL RATES OF
RECIDIVISM. BUT UNDER PROP FORTY
SEVEN. MORE THAN A MILLION
CALIFORNIANS HAVE HAD THE
OPPORTUNITY TO REDUCE OLD LOW
LEVEL NONVIOLENT FELONIES ON
THEIR RECORDS TO MISDEMEANORS
ALLOWING THEM TO MOVE ON FROM
THEIR PAST- IN TO BUILD A
BRIGHTER FUTURE FOR THEMSELVES
AND FOR THEIR COMMUNITIES AS
RETURNING CITIZENS. HOWEVER
WHILE PROP FORTY SEVEN OFFER THE
MOST EFFICIENT AND STREAMLINED
MECHANISM FOR PROVIDING THIS
RELIEF THAT PROCESS IS NO LONGER
AVAILABLE TO CALIFORNIA'S
FORMERLY INCARCERATED
POPULATION. INSTEAD ARE COUNTY
COURTS UP WILL NOW BE REQUIRED
TO- TO MAKE THE FINDING OF GOOD
CAUSE. I AND THIS IS A PROCESS-
THAT. IS A STANDARD THAT WE
RECOGNIZE CAN BE QUITE LENGTHY-
REQUIRE MANY HEARINGS. AND CAN
DIFFER FROM CARRY THE COUNTY TO
COUNTY CREATING AN EQUITABLE
OUTCOMES THAT DON'T SERVE OUR
COMMUNITY SO WHILE IT IS UNCLEAR
WHAT THE FULL RAMIFICATIONS OF
THIS CHANGE WILL BE. A AS COUNTY
COURTS DEVELOP THEIR NEW
POLICIES TO PROVIDE RELIEF ONE
THING IS CERTAIN. THE EXTRA
STEPS NEEDED TO MAKE THIS
ADDITIONAL DETERMINATION WILL
ADD TIME AND IT WILL ADD COURT
COSTS TO THE PROCESS. AND IT
WILL SERVE NO BENEFIT TO THE
PETITIONERS OR THE COMMUNITIES
IN WHICH THEY RESIDE- CREATING
MORE BARRIERS UP FOR THESE
INDIVIDUALS. SO SB SEVEN FOUR
NINE RESTORES CONSISTENCY. IT
CREATES THE EFFICIENCY OF
PROCESS FOR ALL STAKEHOLDERS
INCLUDING COURTS AND DISTRICT
ATTORNEYS IN THE INDIVIDUALS
PETITIONING THE COURT FOR RELIEF
THIS WILL LEAD TO BETTER
OUTCOMES FOR THE FORMERLY
INCARCERATED. INDIVIDUAL IN THE
COMMUNITIES THAT THEY LIVE AS
WELL AS AN EASIER PROCESS THE
MORE COST EFFICIENT PROCESS FOR
OUR COUNTY SYSTEMS AT THE
NOVEMBER DEADLINE APPROACH
HUNDREDS OF THOUSANDS OF PEOPLE
IN MY DISTRICT WERE ELIGIBLE FOR
PROP FORTY SEVEN WE
CLASSIFICATION. BUT DUE TO THE
IMPACTS OF CODED AND BACKLOGS
AND OF COURSE THE STRESSES OF
WHAT- THESE FORMERLY
INCARCERATED INDIVIDUALS HAVE TO
GO THROUGH- IN TERMS OF THEIR
OWN MENTAL HEALTH MAKING SURE
THAT THEY HAVE A ROOF OVER THEIR
HEAD AND SOME. FOOD ON THE TABLE
- MANY WERE LEFT UNABLE TO TAKE
ADVANTAGE OF THIS RE
CLASSIFICATION- WITH ME TODAY IS
ANTHONY DIMARTINO WITH
CALIFORNIANS FOR SAFETY AND
JUSTICE THE SPONSORS OF THIS
BILL- AND HE WILL BE FOLLOWED
BY- AN ADDITIONAL SPEAKER. HELLO
FIRST THANK YOU THANK YOU SOME
TELL ME YOUR NAME AGAIN I CHOSE
OF WILLIAM JOSEPH I KNEW IT-
JOSEPH WILLIAMS WILL GO FIRST
AND THEN- AND ANTONIO WILL GO
AFTER HIM THANK YOU YOU HAVE TWO
MINUTES YOU ARE TIME. THANK YOU
MY NAME IS JOY WILLIAMS I'M THE
DIRECTOR OF ORGANIZING WITH THE
CALIFORNIA NATIVE- PROJECT-
PROUD MEMBER OF THE NEW PEOPLE
OTHER KERN VALLEY INDIAN
COMMUNITY. IT'S IMPORTANT
BECAUSE NATIVE AMERICANS WE HAVE
THE HIGHEST INCARCERATION RATES
PER CAPITA I'M HERE TO SPEAK
TODAY IN SUPPORT OF SB. SEVEN
FOUR NINE WOODROW. EXTEND THE
FILING PETITIONS. FOR FOLKS
THREE CLASS FIVE OF THEIR
FELONIES TO MISDEMEANORS. AND
TWENTY FIFTEEN MY FELONY DRUG
POSSESSION FROM NINETEEN NINETY
EIGHT- WHAT SHOULD HAVE BEEN A
MISDEMEANOR WAS RECLASSIFIED BY
THE KERN COUNTY PUBLIC
DEFENDER'S PROP FORTY SEVEN
UNIT. I KNOW THAT'S A MIRACLE IN
ITSELF THAT KERN COUNTY IS DOING
THAT PROACTIVELY. I WAS TWENTY
ONE YEARS OLD IN NINETEEN NINETY
EIGHT I BELIEVE I WOULD. SHOULD
HAVE BEEN TREATED FOR MY
ADDICTION NOT PUNISHED FOR THE
REST OF MY LIFE. AFTER
COMPLETING FELONY PROBATION AND
JAIL SINCE THE DRUG PROGRAM I
MOVED TO SANTA BARBARA
CALIFORNIA TO GO BACK TO
COLLEGE. MY FIRST SEMESTER AT A
FOUR POINT NO. BY GETTING A
STUDENT JOB ON CAMPUS AS ANY OPS
ADVISER. I WAS INFORMED BY THE
HR DEPARTMENT OF THE FELONY ON
MY RECORD WOULD NEED TO COME OFF
IF I WANT A BETTER JOB. AT THE
COLLEGE OR IN THE FUTURE. THE
STRESS I WAS ADDED TO MY LIFE IS
ENORMOUS AFTER THAT BUT I ALWAYS
BELIEVED IF I WORKED HARD ENOUGH
AND- HAD HOPE IT WOULD CHANGE
THINGS. BUT I IS NOT ALWAYS CASE
BUT INTO FOURTEEN AFRICAN. A
BACHELOR'S IN MASTER'S. I KELSEY
BAKERSFIELD I WAS ABLE TO RUN
OUR PROP. FORTY SEVEN CAMPAIGN
AFTER BECOMING A COMMUNITY. A
MEMBER AND- ORGANIZER WITH FAITH
IN THE VALLEY KERN COUNTY. AND
WE WANTED OF OVER TWENTY
FOURTEEN I BELIEVE THAT'S WHY
WE'RE HERE. SOMETIMES WE HAVE TO
FIGHT FOR LIBERATION. THAT'S
WHAT THOUSANDS OF US DID. MANY
WERE RELEASED FROM PRISON THAT
VERY NIGHT EVEN GETTING UP ROLE.
TO TAKE JOBS OUTSIDE THE COUNTY
OF THEIR RESIDENCE. PROP FORTY
SEVEN WAS A GAME CHANGER. I WAS
NO LONGER TO CHECK A BOX THAT
SAID IT WAS A FELON SO MY
DAUGHTER CAME TO LIVE WITH ME
WHEN SHE WAS FOURTEEN. AND I CAN
PROVIDE A PLACE FOR A RESTORE MY
DIGNITY. TO MYSELF AND THOUSANDS
OF OTHERS THIS IS WHY IT'S SO
IMPORTANT. IT'S GONNA TAKE MORE
THAN TEN YEARS TO REVERSE. FORTY
YEARS OF THE WAR ON POOR PEOPLE
AND HUNDRED YEARS OF
INSTITUTIONAL STRUCTURAL RACISM.
THANK YOU FOR YOUR TIME.
APPRECIATE IT. IF WE CAN HAVE
THE NEXT- SPEAKER. YOU HAVE TWO
MINUTES THANK YOU. AFTERNOON
AGAIN MADAM CHAIR AND CENTERS MY
NAME IS ANTHONY DIMARTINO AND
I'M THE- WITH CALIFORNIA'S FOR
SEEKING JUSTICE THE SPONSORS OF
THE BILL. MS OF CALIFORNIANS WHO
HAVE DONE THEIR TIME AND PAID
THEIR DEBTS ARE STILL BEING
PUNISHED BY THE SYSTEM THAT IS
PREVENTING. NOT ENHANCING PUBLIC
SAFETY. AS WE ALL KNOW THIS IS
NOT THE FIRST LEGISLATIVE EFFORT
TO RECOGNIZE AND ADDRESS THE
DISASTROUS LIFELONG IMPLICATIONS
OF CRIMINAL CONVICTION TRIGGERS
ON INDIVIDUAL FREEDOMS.
COMMUNITY STABILITY AND PUBLIC
SAFETY ALL ACROSS OUR STATE. OUR
CRIMINAL JUSTICE SYSTEM IS BUILT
UPON A NUMBER OF CORE BELIEFS
ONE OF WHICH IS THE COMMITMENT
THAT ONE INDIVIDUAL. HAS BEEN
CONVICTED OF A CRIME AND HERE
SHE SERVES WHATEVER TERM OF
INCARCERATION THAT COURT
IMPOSES. THEY ARE THEY HAVE
EARNED THE RIGHT TO ONCE AGAIN
FULLY PARTICIPATE IN OUR
SOCIETY. UNFORTUNATELY ALL NO
THIS IS VERY SIMPLY NOT THE
TRUTH. BY ALL ACCOUNTS THERE ARE
OVER FOUR THOUSAND LEGISLATURE
LEGISLATIVELY IMPOSED. YOU CAN'T
DO IS LEVIED AGAINST ANYONE WITH
A FELONY CONVICTION ON HIS OR
HER RECORD. THESE RESTRICTIONS
IMPACT VIRTUALLY EVERYONE OF THE
WELL KNOWN CRITICALLY IMPORTANT
BUILDING BLOCKS. FOR LONG TERM
STABILITY WHEN A PERSON WHO IS
RELEASED FROM CUSTODY. THESE
RESTRICTIONS ALL ADVERSELY
IMPACT PUBLIC SAFETY IN EVERY
COMMUNITY IN OUR STATE. A LOT OF
PEOPLE TO REDUCE. OLD LOW LEVEL
NONVIOLENT FELONY CONVICTIONS TO
MISDEMEANORS IS IN THE BEST
INTERESTS OF ALL PUBLIC SAFETY.
AND THE CALIFORNIA ECONOMY. SB
SEVEN FOUR NUYS INTACT TILEY
CONSISTENT WITH THE GOAL OF
ACHIEVING THIS OUTCOME. SO WHY
SEVERELY LIMIT INDIVIDUALS
ABILITY TO BENEFIT FROM THIS
RELIEF ESPECIALLY AFTER ONLY
ALLOWING FOR THIS RELIEF TO BE
AVAILABLE FOR SEVEN YEARS. WITH
MANY OF THOSE YEARS NEGATIVELY
AFFECTED BY DECLINING JUDICIAL
RESOURCES COURT BACKLOGS AND
CODE IMPACTS. FURTHER THIS
VOLATILE POPULATION OFTEN LACKS
ACCESS TO TECHNOLOGY TO CONTACT
THE PUBLIC DEFENDER'S OFFICE IN
THE COURTS TO BEGIN THIS
PROCESS. SB SEVEN FOUR NINE
WOULD PROVIDE PERMANENT AND LESS
RESOURCE INTENSIVE MECHANISM FOR
COURTS. DISTRICT ATTORNEYS
DEFENSE ATTORNEYS AND MOST
IMPORTANTLY ELIGIBLE INDIVIDUALS
TO SEEK RECORD REDRESS. FOR
THESE REASONS AND MANY OTHERS WE
WHOLEHEARTEDLY SUPPORTS SB SEVEN
FOUR NINE. AND AFTER I. THINK
HERE WILL NOW MOVE ON TO
WITNESSES HERE IN THIS ROOM
TWENTY TWO HUNDRED- STATE YOUR
NAME YOUR ORGANIZATION THAT YOU
SUPPORT. ATTACHMENTS ARE SMART
**** CALIFORNIA AND THE
PROSECUTORS LINES OF
CALIFORNIANS SUPPORT. THANK YOU
. LESLIE CALDWELL HOUSTON FOR
THE CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND THE SAN
FRANCISCO PUBLIC DEFENDER'S
OFFICE IN SUPPORT THANK YOU.
COMO FERGUSON MEDICAL ALLIANCE
WE SIR WE DO. BY MOVING ON
THANKS FOR THE CLINICS IN
SACRAMENTO FOR THE PAST TWO
YEARS IN STRONG SUPPORT THIS
BILL. THANK YOU. SEEING NO OTHER
SUPPORT COMMENTS WE'RE GONNA
MOVE ON TO LEAD. TO THE MIGHT.
STATE YOUR TESTIMONY. SEEING
NONE THAT WE ARE GONNA MOVE TO
REGULAR OPPOSITION IF WE HAVE
BURGER OPPOSITION IN THIS ROOM
SEEING NONE WE WILL MOVE ON TO
THOSE WAITING TO TESTIFY VIA
TELECONFERENCE- PLEASE JUST
STATE YOUR NAME ORGANIZATION AND
POSITION MODERATOR IF YOU'D
PLEASE PROMPT INDIVIDUALS
WAITING TO TESTIFY WE WILL BEGIN
. TO PROVIDE PUBLIC COMMENT IN
SUPPORT OR OPPOSITION TO F. B.
SEVEN FOUR NINE. PLEASE PRESS
ONE AND ZERO AT THE TIME. AND WE
DO HAVE ONE PERSON QUEUING UP
ONE MOMENT PLEASE WHILE WE
PROVIDE THEM WITH THEIR LINE
NUMBER. AND WE'LL GO TO LINE
SIXTY. SURE TOMORROW WE HAVE A
CALIFORNIA ATTORNEYS FOR
CRIMINAL JUSTICE IT'S A PART. NO
WE HAVE NO FURTHER COMMENT AT
THIS TIME THANK YOU TO ALL OUR
WITNESSES WILL NOW BRING THE
DISCUSSION BACK TO MEMBERS
MEMBERS DO WE HAVE ANY QUESTIONS
THOUGHTS CONCERNS. SENATOR
SKINNER- I WOULD MOVE THE BILL I
THINK THAT THE- AUTHOR MADE A
GOOD CASE FOR WHY. AREN'T THIS
IS NEEDED- THE PROPOSITION WAS
VOTED BY VOTERS CERTAINLY ONE-
IT WHEN IT WAS PASSED ONE COULD
NIP ANTICIPATED FOR EXAMPLE THE
PANDEMIC AND THE- DELAYS THAT
THAT CAUSED ON A WHOLE VARIETY
OF THINGS. SO I THINK IT'S
APPROPRIATE TO GIVE THIS PROCESS
A LITTLE MORE TIME AND- WITH
THAT I WOULD MOVE THE BILL.
THANK YOU SEEING NO OTHER A
DESIRE TO SPEAK- SENATOR WOULD
YOU LIKE TO CLOSE. THANK YOU SO
MUCH AND I ASK FOR YOUR I.
BOATS. THANK YOU WE HAVE A
MOTION BY SENATOR SKINNER
SKINNER- CAN WE CALL ROLE PLEASE
SB SEVEN FOUR NINE MOTION IS TO
PASS TO APPROPRIATIONS SENATOR
BOB AYE AYE WHICH OF A-
BRADFORD. BRADFORD AYE SKINNER-
I WIENER. WIENER AYE. THANK YOU
THE BILL'S ON CALL. THANK YOU.
OUR NEXT PRESENTATION WILL BE BY
SENATOR UMBERG SENATOR UMBERG
WILL BE PRESENTING SB SEVEN FIVE
EIGHT SENATOR THE FLOOR IS YOURS
- THANK YOU MADAM CHAIR THANK
YOU. FOR YOUR EFFORTS AND ALSO-
ALEX BURNETT FOR HIS HARD WORK
ON THIS BILL. TODAY PRESENT SB
SEVEN FIVE EIGHT- GUN
TRAFFICKING PREVENTION ACT. IT
IS. SAID THAT IT'S NEARLY DAILY
OCCURRENCE THAT WE AWAKE TO YET
ANOTHER MASS SHOOTING HERE IN
UNITED STATES. AS RECENTLY AS
YESTERDAY IN LOUISVILLE- BELIEVE
SIX PEOPLE WERE KILLED AND NINE
PEOPLE WERE INJURED IN ANOTHER
MASS SHOOTING THAT'S THE HEARD
FORTY SIX MASS SHOOTING IN
TWENTY TWENTY THREE. WE AS AN
INSTITUTION HAVE AN OBLIGATION
OF BOTH I THINK LEGAL AS WELL AS
MORAL TO. ADDRESS THIS ISSUE IN
THE BEST WAY AS WE POSSIBLY CAN-
WHILE CALIFORNIA'S TAKEN NUMBER
OF STEPS TO DEAL WITH GUN
VIOLENCE- THERE'S STILL YET MORE
TO BE DONE- ONE OF THE
CHALLENGES WE HAVE OUR GUNS THAT
ARE ILLEGAL IN CALIFORNIA BEING
PURCHASED. OUT OF STATE AND
BROUGHT TO CALIFORNIA IN TWENTY
TWENTY ONE CALIFORNIA HAD THE
HIGHEST TOTAL NUMBER OF TRACE
GUNS THAT ORIGINATED OUTSIDE THE
STATE WITH FIFTEEN THOUSAND NINE
HUNDRED FORTY TWO- WE'VE COURSE
HAD OUR OWN- SPATE OF MASS.
SHOOTINGS HERE IN CALIFORNIA-
NOT LONG AGO THE SHOOTING AT
THE- GARLIC FESTIVAL TO GILROY
GARLIC FESTIVAL WHICH WAS
PERPETRATED BY AN INDIVIDUAL
WITH A WEAPON THAT WAS PURCHASED
OUT OF STATE BROUGHT HERE TO
CALIFORNIA. WHAT THIS BILL DOES
IS THIS BILL- ADDRESSES THIS
ISSUE AS BEST WE CAN- BY DOING
SEVERAL THINGS ONE BY. POSTING
NOTICES AT THE BORDER THAT YOU
CAN'T BRING CERTAIN WEAPONS IN
THE CALIFORNIA BECAUSE THEY'RE
ILLEGAL. TO PUT PEOPLE ON NOTICE
THAT THERE ARE WEAPONS THAT ARE.
MAYBE LEGAL IN NEVADA MAY BE
LEGAL IN UTAH BUT THEY'RE
ILLEGAL IN CALIFORNIA YOU CAN'T
BRING THE CALIFORNIA IF YOU DO
AND YOU KNOW YOU BRING THAT
WEAPON INTO CALIFORNIA AND YOU
SELL THAT WEAPON. YOU AND THE
PURCHASER THE PURCHASE OF THE
WEAPON WHO KNOWS OR SHOULD KNOW
THAT THAT WEAPON WAS BROUGHT
HERE TO CALIFORNIA TO BE RESOLD-
ILLEGALLY. MAY FACE MAY FACE
CRIMINAL PUNISHMENT. SO THIS
DOES EXPAND IT EXPANDS CRIMES
FOR ILLEGAL TRANSFER OF HAND
GUNS AS WELL AS OTHER WEAPONS-
MAKES A WOBBLER- WE WARN PEOPLE
COMING INTO CALIFORNIA THEY
CAN'T BRING CERTAIN ILLEGAL.
FRUITS WE NEED TO ALSO WARN
PEOPLE THEY CAN'T COME TO
CALIFORNIA BRING ILLEGAL
WEAPONS- WITH THAT I ORIGINAL
VOTE- WITH ME IN THE HOUSE HERE
IS MR IRWIN KNOW WHAT HE'S HERE
FOR. RESPONSE TO ANY TECHNICAL
QUESTIONS THAT THAT YOU MAY
HAVE- IN WITH THAT- I CLOSE WE
HAVE NO WITNESSES. OTHER THAN
LITTLE ME. THANK YOU- IF WE HAVE
ANY OTHER WITNESSES THAT OR IN
THIS ROOM THAT WOULD LIKE TO
SPEAK IN SUPPORT OF THIS BILL
PLEASE RISE I'D STATE YOUR NAME
AND YOUR ORGANIZATION AND THAT
YOU SUPPORT. SEEING NONE WILL
MOVE TO LEAD OPPOSITION
WITNESSES. SEEING NONE WE WILL
MOVE TO REGULAR OPPOSITION
WITNESSES. PLEASE STATE YOUR
NAME ORGANIZATION AND THAT YOU
OPPOSE LESLIE CALDWELL HOUSTON
FOR THE CALIFORNIA PUBLIC
DEFENDERS ASSOCIATION WE DID
SEND IN A LETTER BUT I DO WANT
TO MAKE SURE THAT EVERYONE KNOWS
WE'RE WITHDRAWING OUR OPPOSITION
. THANK YOU THANK YOU. WE WILL
NOW MOVE ON TO WITNESSES WAITING
TO TESTIFY VIA TELECONFERENCE
SERVICE PLEASE YOU STATE YOUR
NAME ORGANIZATION AND POSITION
MODERATOR IF YOU'D PLEASE PROMPT
INDIVIDUALS WAITING TO TESTIFY
WE WILL BEGIN. TO PROVIDE PUBLIC
COMMENT IN SUPPORT OR OPPOSITION
SB SEVEN FIVE EIGHT THE PRESS
ONE AT THAT THE REQUESTED TIME.
AND WE HAVE NO COMMENT THANK YOU
TO OUR WITNESS. WE WILL NOW
BEGIN. THE DISCUSSION BACK TO
MEMBERS MEMBERS DO YOU HAVE ANY
THOUGHTS QUESTIONS CONCERNS
PLEASE. SENATOR WIENER. ALL YOU
BRING A AND- I'M NOT GOING TO
MOVE THE BILL THANK YOU SENATOR
SKINNER. IN A MOVE THAT ARE
RIGHT- I DO APPRECIATE IT I ALSO
JUST WANT TO HIGHLIGHT THAT
EVERY TIME I'VE EVER TRAVELED TO
NEVADA AND IN VEGAS AND ALL OVER
NEVADA THEY HAVE LITTLE- YOU
KNOW GLASS CASES WITH A LOT OF
DIFFERENT TYPES OF WEAPONS-
INCLUDING BUTTERFLY KNIVES AND
THINGS THAT ARE. YOU KNOW
SMALLER THAT ARE ILLEGAL IN THE
STATE OF CALIFORNIA SO EASY
BRING IT FOR IT SO I THIS IS
LONG OVERDUE I DO APPRECIATE IT
WE HAVE A MOTION- BUT WOULD YOU
LIKE TO CLOSE. AT THANK YOU FOR
YOUR WORK IN SUPPORT THANK YOU-
CAN WE CALL ROLE WE HAVE A
MOTION MOVED BY SENATOR WIENER.
SB SEVEN FIVE EIGHT MOTION IS TO
PASS TO APPROPRIATIONS SENATOR
BOB HI I WHICH OF A- BRADFORD.
SKINNER HI SKINNER AYE WIENER.
WINNER I. THINK VENTURE THANK
YOU THANK YOU THE BILL IS ON
CALL. WE WILL NOW MOVE ON TO YOU
. I GUESS MYSELF- IS THE SENATOR
SKINNER IF YOU DON'T MIND SORRY
. THREE
THIS IS ITEM EIGHTEEN FOUR
HUNDRED RIGHT. WELL NOW HERE
FROM ON ITEM EIGHTEEN SB FOUR
HUNDRED FROM SENATOR WAHAD. I
DON'T I'D LIKE YOU TO SAY YES.
THANK YOU YOU MAY PROCEED THANK
YOU I APPRECIATE IT WE DO HAVE A
WITNESS THAT WOULD LIKE TO
ACTUALLY SPEAK AHEAD OF TIME AS
HE HAS TO LEAVE. GO AHEAD MADAM
CHAIR MEMBERS RANDY PERRY WITH
THEIR ARENA SAYS IT'S ON BEHALF
OF PORAC AND THE CALIFORNIA
ASSOCIATION HIGH PATROL. AND WE
ARE- AS AMENDED PROPOSED TO BE
AMENDED IN COMMITTEE WORK ON
NEUTRON THIS BILL. CREEK THANK
YOU THANK YOU THANK YOU UNDER
WHAT YOU MAY PERCENT THANK YOU
MEMBERS TODAY THE PUBLIC DEMANDS
FOR MORE TRANSPARENCY WITHIN LAW
ENFORCEMENT PEACE OFFICERS ARE
GIVEN A GREAT DEAL OF AUTHORITY
OVER THE PUBLIC AND IN TURN THE
PUBLIC HAS A HIGH EXPECTATION OF
EACH PIECE OFFICER. TO PERFORM
IN A WAY THAT IS TRUSTWORTHY
DIGNIFIED AND CONSCIOUS OF THE
DECISIONS THEY MAKE IN KEEPING
OUR COMMUNITY SAFE MOST
JURISDICTIONS INVEST THE MOST IN
LAW ENFORCEMENT HOPING TO
RECRUIT AND MAINTAIN AN OFFICER
WHO WILL COMMIT TO THIS LEVEL OF
INTEGRITY. AND EXPECTATION
HOWEVER AT TIMES THAT IS NOT THE
CASE IN A TERMINATION ON OFFICER
IS WARRANTED THE PROCESS OF
TERMINATING AN OFFICER IS VERY
COMPLEX AND EACH OFFICER HAS
PROTECTIONS WHILE BEING
INVESTIGATED SPECIFICALLY THE
PEACE OFFICERS PROCEDURAL BILL
OF RIGHTS ARE PROBAR. UNDER
EXISTING LAW ON AGENCY MUST
FOLLOW THIS PROCEDURE ALL RIGHT
INCLUDING AN ADMINISTRATIVE
HEARING OR SCULLY HEARING AND
BECAUSE WAS FOUND FOR AN AGENCY
MAY TAKE PUNITIVE ACTION AGAINST
AN OFFICER INCLUDING
TERMINATION. SB FOUR HUNDRED
BUILT UPON THE WORK OF THIS
COMMITTEE AND WOULD CLARIFY THAT
LAW ENFORCEMENT AGENCIES ARE
ALLOWED TO DISCLOSE THE REASON
THAT A POLICE OFFICER. WAS
TERMINATED WITHOUT REQUIRING THE
PUBLIC RECORDS ACT REQUEST
FIRST. THIS BILL WILL CREATE
MORE PROACTIVE TRANSPARENCY FROM
LAW ENFORCEMENT AND LOCAL
JURISDICTIONS TO THE PUBLIC IN
WHY THEY'RE REMOVING BAD ACTORS
WHILE STILL PROTECTING SENSITIVE
INFORMATION OF THE OFFICER. AND
IT'S AT THEIR DISCRETION. THE
DISCLOSURE WOULD BE LIMITED TO
NAME RANK OF THE OFFICER
TERMINATION DATE AND A GENERAL
DESCRIPTION OF THE CAUSE OF
TERMINATION. DOES BECAUSE-
CAUSES ARE LIMITED TO EXISTING
LAWS THAT FALL IN ONE OF EIGHT
CATEGORIES OF DISCLOSEABLE
RECORDS. DISCHARGING A FIREARM
AT A PERSON ARE USING A FOR
RESULTING THE DEATH OR GREAT
BODILY HARM. SUSTAINED FINDINGS
OF UNREASONABLE OR EXCESSIVE
FORCE FAILURE TO INTERVENE IN
ANOTHER OFFICER'S EXCESSIVE OR
UNREASONABLE FORCE. SEXUAL
ASSAULT DISHONESTY
DISCRIMINATION BASED ON A
PROTECTED CLASS OR AN UNLAWFUL
ARREST OR SEARCH. THE ISSUE WAS
HIGHLIGHTED WHEN A POLICE
OFFICER EMPLOYED BY THE SAN JOSE
PD WAS TERMINATED FOR ENGAGING
IN AN INAPPROPRIATE SEXUAL ACT
WHILE ON THE JOB DESPITE THE ACT
FALLING INTO DISCLOSEABLE
CATEGORY. THE POLICE DEPARTMENT
WAS NOT ABLE TO CONFIRM. THE
REASON FOR THE TERMINATION WITH
THE PUBLIC UNTIL A PUBLIC RECORD
RECORDS ACT WAS INITIATED. THIS
DELAY INCREASED PUBLIC MISTRUST
IN THE DEPARTMENT THE LEADERSHIP
AND LAW ENFORCEMENT WHEN THE
DEPARTMENT ITSELF WAS WILLING TO
SHARE THE INFORMATION AS TO WHY
SUCH A DECISION WAS MADE. THE
PASSAGE OF SB FOUR HUNDRED WILL
IMPROVE POLICE ACCOUNTABILITY
AND REBUILD TRUST BETWEEN LAW
ENFORCEMENT AGENCIES AND THE
COMMUNITIES THEY SERVE BY
PROVIDING ACCESS TO CRITICAL
COMMUNITY INFORMATION IN A
TIMELY MANNER. BEFORE I CLOSE I
WOULD LIKE TO HIGHLIGHT THAT
I'VE ACCEPTED THE COMMITTEES
AMENDMENTS AND WITH ME TO
TESTIFY TODAY IS MISTER ZANE
BARS CHIEF INTERGOVERNMENTAL
RELATIONS OFFICER WITH THE CITY
OF SAN JOSE. THANK YOU. HI GOOD
AFTERNOON MY NAME IS IN BONDS ON
THE CHEAP INTERGOVERNMENTAL
RELATIONS OFFICER FOR THE CITY
OF SAN JOSE. ON BEHALF OF THE
CITY OF SAN JOSE WE ARE GRATEFUL
FOR CENTER WILL HAVE FOR
AUTHORING THIS LEGISLATION. WE
LOOK FORWARD TO CONTINUING TO
PARTNER ON THIS BILL THAT
UNDERSCORES OUR COMMITMENT TO
LAW ENFORCEMENT TRANSPARENCY. WE
HAVE BEEN WORKING WITH AUTHORS
OFFICE AND STAKEHOLDERS WITH A
LEGISLATIVE GOAL OF ENABLING AT
THE TIME WE DISCLOSURE FOR LAW
ENFORCEMENT AGENCIES ADDRESSING
SERIOUS MISCONDUCT. TO MEET THIS
GOAL WE ARE COMMITTED TO BRING
PARTNERS IN LAW ENFORCEMENT
TOGETHER AND DRIVING CHANGE THAT
RESPECTS PREVIOUS BILL PRESIDENT
AND AN OFFICER APPEAL RIGHTS.
ACCOUNTABILITY WITHIN OUR POLICE
DEPARTMENT AND POLICE
DEPARTMENTS ACROSS THE STATE IS
VITAL TO ENSURING PUBLIC TRUST
IN LAW ENFORCEMENT. WE RECOGNIZE
THAT THIS IS THE FIRST STEP TO
DRIVE ACCOUNTABILITY AND WE LOOK
FORWARD TO CONTINUING TO WORK
WITH THE LEGISLATURE THANK YOU
STAKEHOLDERS ON THIS IMPORTANT
ISSUE. LOOK FOR TO CONTINUE TO
WORK WITH CENTER WILL HOP ON SB
FOUR HUNDRED TO FULLY REALIZE
TRANSPARENCY IN POLICING ACROSS
AND ACROSS CALIFORNIA TO ENSURE
PUBLIC TRUST. THANK YOU. NEXT
ATTACHMENTS CHRIS MY DRESSES
CALIFORNIA AND THE PROSECUTORS
LINES OF CALIFORNIANS SUPPORT.
LESLIE CALDWELL HOUSTON FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION AND THE SAN
FRANCISCO PUBLIC DEFENDER'S
OFFICE IN SUPPORT. RIGHT ARE
THERE ANY OTHER WITNESSES IN
SUPPORT IN THE ROOM. ALL RIGHT
SEEING NINE LET'S SEE IF THERE'S
ANY WITNESSES IN OPPOSITION WE
HEARD- ONE OPPOSITION WITHDRAW
ITS OPPOSITION- IS THERE ANY-
EITHER LEAD WITNESS OR OTHER
WITNESSES IN OPPOSITION. AS OKAY
SEEING NINE. THEN WE- WILL GO TO
PHONE LINES. OPERATOR TO PROVIDE
PUBLIC COMMENT IN SUPPORT OR
OPPOSITION TO SB FOUR HUNDRED
PLEASE PRESS ONE AND THEN ZERO
AT THIS TIME. AND FIRST WE'LL GO
TO LINE TWENTY EIGHT. WHO THREE
CLIPPER CALLING ON BEHALF OF
PRIVACY. RIGHT OF SB. FOUR
HUNDRED. LINE. SIXTY TWO. GOOD
AFTERNOON JERRY MEMBERS MADELINE
COOPER WITH CAPITAL ADVOCACY ON
BEHALF OF THE CALIFORNIA
STATEWIDE LAW ENFORCEMENT
ASSOCIATION LONG BEACH POLICE
OFFICERS ASSOCIATION THE
FRATERNAL ORDER OF POLICE AND
THE DEPUTY SHERIFFS ASSOCIATION
FROM THE FOLLOWING COUNTIES
SACRAMENTO SAN BERNARD DINO IN
ORANGE COUNTY. CURRENTLY WE ARE
OPPOSED TO SP FOUR HUNDRED BUT
GIVEN THE RECENT AMENDMENTS WE
WILL BE EVALUATING DOES AND OUR
POSITION THANK YOU. A LINE OF
FIFTY NINE. WHAT BACK INVOLVED
WITH THE NATIONAL ASSOCIATION OF
SOCIAL WORKER CALIFORNIA CHAPTER
IN SUPPORT. GREAT IS THAT ALL
CAN GO AHEAD MODERATE- JUST
GONNA SAY WE HAVE NO FURTHER
COMMENT OKAY SIR. SEEING NO
OTHER. PEOPLE IN THE ROOM LET'S
SEE IF THERE'S ANY COMMITTEE-
COMMENTS OR WANT TO MOTIONS. GO
AHEAD WE HAVE A MOTION FROM-
SENATOR WIENER SENATOR WILL
HOBBY NICHOLAS. I RESPECTFULLY
ASK FOR AN AYE VOTE THANK YOU
EXCELLENTLY RURAL CALL. SB FOUR
HUNDRED MOTIONS TO PASS AS
AMENDED TO THE FLOOR SENATOR
WILL HOP HI FIVE I SHOW ABOVE.
STRATFORD SKINNER AYE SKINNER
AYE WIENER WIENER AYE. BILLS ON
CALL. IS YOU HAVE A BACK CHAIR.
THANK SURE. I JUST TEXTED. THANK
YOU- EUROPE. THIS WE'LL GIVE YOU
A MINUTE. YOU KNOW BEFORE WE DO
THAT- SENATOR WE'RE GOING TO BE-
LIFTING AT ROLL CALL. TURN. FOR
ALL THE BILLS OFFENSE IF YOU
THINK THAT YES LET'S START WITH
CONSENT AND THEN MOVE MOVE
FORWARD IN THIS INSTALLER
SENATORS- TO ABOUT. I WHICH- BUT
WE'RE DOING CONSENT FIRST. ACT
OKAY WHICH ABOUT AYE BRADFORD ON
RADFORD HIGH. FIVE TO SEE
CONSENT CALENDARS OUT. SB NINETY
FOUR. THE CURRENT. CURRENT VOTE
IS THREE TO ONE FOR SB NINETY
FOUR BRADFORD ON BRADFORD AYE.
FORTY ONE. BILL IS OUT SB THREE
OH NINE CURRENT VOTE IS THREE
TWO ZERO. OCTOBER RIGHT WHICH
ABOUT AYE BRADFORD BRADFORD AYE
. FIVE ZERO THE VOTERS OUT. SB
TWO EIGHTY EIGHT WOMEN CURRENT
VOTE IS TWO TWO ZERO I'M SORRY.
ZERO ZERO ZERO TWO PHOTOBOOK. HI
WHICH AYE BRADFORD. K. SEVEN.
ONE TO TWO TABLES ONE TO TWO.
THE BILL FAILS WE WILL GRANT THE
AUTHOR RECONSIDERATION. SB SEVEN
ONE NINE BACKER CURRENT VOTE IS
THREE TWO ZERO PATROL BOAT.
BRADFORD BRADFORD. WAIT AREN'T
THE CHILDREN OF NO. NO I'M
SAYING. WHICH ABOVE NOW FILLS
FOR THE VOTES FOR THE ONE VOTE.
IS FOUR TO ONE. THE BILL IS OUT.
SB FOUR FIFTY THREE. SEYARTO
CURRENT VOTE IS ONE TO ONE
SKINNER. WIENER. ONE ONE. ONE
ONE. ONE TWO ONE THE BILL FAILS
. FOR RECONSIDERING WILL WILL
ALLOW RECONSIDERATION YES TO THE
OFFER. SB FIVE FORTY FIVE RUBIO
CURRENT VOTE IS FOUR TWO ZERO
SKINNER ALL RIGHT SKINNER HI
ZERO FIVE ZERO THE BILLS OUT. SB
FIVE FIVE EIGHT RUBIO CURRENT
VOTE IS FOUR TWO ZERO SKINNER
RIGHT SKINNER HI FIVE ZERO THE
BILL IS OUT. SB SIX FIFTY FIVE
DORADO CURRENT VOTE IS THREE TWO
ZERO SKINNER SKINNER HI FORTY
ZERO THE BILL IS OUT. SB SIX
SEVEN SIXTY THREE TO RAZA OF
CURRENT FOCUS THREE TO ONE
SKINNER SKINNER ARE. FORTY ONE
THE BILL IS OUT. SB SEVEN FORTY
NINE SMALLWOOD CUEVAS CURRENT
VOTE IS FOR ZERO WHICH- ABOUT.
YEAH TOWBOAT NOW FOR ONE FORTY
ONE THE BILL IS OUT. SB SEVEN
FIFTY THREE CABALLERO CURRENT
VOTE IS THREE TWO ZERO TOWBOAT.
OCTOBER I BRADFORD ARE BRADFORD
AYE. YES YOU DID YES THE BILL IS
. FIVE TWO ZERO. I PERCENT IT-
SO THAT'S WHY YOU CAN'T PICTURE
. THANKS FIVE ZERO THE BILLS OUT
AND- FIFTY EIGHT AMBERG CURRENT
VOTE IS THREE TWO ZERO WHICH-
ABOUT. BRADFORD BRADFORD I.
FORTY ZERO FOUR TO ZERO THE
BILLS OUT. THIS SB FOUR HUNDRED
WAHHAB CURRENT VOTE IS THREE TWO
ZERO CHAU ABOUT. BRADFORD. THE
WHAT BILL. YOU SKIP ALL RIGHT TO
BE SKEPTICAL THAT I YEAH THE
JONES. FOR YEAH SO PROUD. NO HE
SAID I DID I SORRY OKAY.
EVENTUALLY DO WE A TROUBLE I
DON'T SHE SHE NOT HAVE YEAH OKAY
DO YOU. FOR ZERO FOUR ZERO. FORD
IS THERE THE OUT FOR AND MISSED
ONE JONES. SORRY SIXTEEN. AND-
IT SEVENTEENTH- YEAH WANT TO.
YES THE THIRTY T. JONES VOTE IS
ONE TO BRADFORD. SIX ONE TWO.
THE BILL FAILS. IF THE BILL
FAILS IT'S- WANTS TO WE WILL
GRANT RECONSIDERATION. AND THEN
WHEN YEAH THROUGH WHAT I JUSTICE
FOR ALL OKAY PERFECT WE JUST.
OUR SENATOR- CHIU OF IS YOURS TO
PRESENT- SB. EIGHTY NINE. YEAH.
THAT WAS GOOD TO GET IT. THANK
YOU GUYS. ONE GOOD AFTERNOON
MADAM CHAIR AND MEMBERS. TO
BEGIN I FIRST LIKE TO SAY THAT
I'LL BE ACCEPTING THE COMMITTEES
AMENDMENTS THANK YOU TO THE
STAFF FOR THEIR DILIGENT WORK-
WITH OUR TEAM. AN ESTIMATED ONE
IN THREE WOMEN AND THREE IN SIX
MEN IN THE UNITED STATES REPORT
IN DOING STOCKING AT SOME POINT
IN THEIR LIVES WHILE ONE IN
FIFTEEN WOMEN AND ONE IN TWENTY
FOUR MEN IN THE UNITED STATES
REPORT BEING STOCK IN THE LAST
TWELVE MONTHS. STALKING
BEHAVIORS MAY BE COMMITTED IN
PERSON BY FOLLOWING THE VICTIM
OR BY MONITORING AND HARASSING
THE BIT THE VICTIM
ELECTRONICALLY. IT IS A CRIME OF
POWER AND CONTROL THAT CAUSES
VICTIMS TO FEAR FOR THEIR SAFETY
OR THE SAFETY OF THEIR LOVED
ONES PERPETRATORS OF STALKING
TEND TO DAMAGE TO THEIR VICTIMS
PROPERTY EVEN GOING AS FAR AS TO
TARGET THEIR LOVED ONES
INCLUDING PETS. ONE NATIONAL
CRIME VICTIMIZATION SURVEY
ESTIMATED THAT FOUR IN TEN
STALKERS THREATEN THE VICTIM OR
A VICTIM'S FAMILY SPRINT. THE
VICTIM'S FAMILY FRIENDS
COWORKERS OR FAMILY PET WITH
EIGHTY SEVEN THOUSAND AND TWENTY
THREATS TO HARM A PET BEING
REPORTED. UNFORTUNATELY STALKING
VICTIMS ARE PROTECTED BY STATE
LAW WHEN IT COMES TO THEIR PETS.
THEY STRUCK AGAIN THREATEN OR
INJURE OF VICTIMS PET WITHOUT
CONSEQUENCES UNDER CURRENT STATE
LAW. STOCKERS SHOULD NOT BE ABLE
TO USE ANIMAL ABUSE AS A MEANS
TO TERRORIZE THEIR VICTIMS. SB
EIGHTY NINE WILL UPDATE THE
CALIFORNIA'S ANTI STALKING LAW
IN ORDER TO BETTER PROTECT
VICTIMS AND THEIR PETS. JOIN ME
IN SUPPORT IS DEPUTY DISTRICT
ATTORNEY NICK PETERSON FROM THE
RIVERSIDE COUNTY DISTRICT
ATTORNEY'S OFFICE AND BOB REALLY
SMITH FROM THE AMERICAN KENNEL
CLUB. THANK YOU LEAD WITNESSES
YOU HAVE TWO MINUTES WE WILL BE
TIMING YOU. GOOD AFTERNOON MADAM
CHAIR AND COMMITTEE MEMBERS
APPRECIATE YOUR TIME OTHER
MANAGING DEPUTY DISTRICT
ATTORNEYS RIVERSIDE COUNTY. I'M
HERE TO TALK ABOUT STALKING. A
CRIME AT ITS HEART ABOUT
CONTROL. YOU SEE THE STALKER
FIXATES ON THEIR TARGET- IN THE
VIOLATE THEIR PERSONAL SPACE.
WRITTEN BY OBSESSION STAGE.
FANTASIZED FUTURE WITH THE
VICTIM IT'S GLORIOUS TO THE
STALKER. ONCE THE SOCCER REALIZE
THAT FANTASY WILL NOT BE
REALIZED. THEY DEVALUE THE
VICTIM OFTEN LASHING OUT
VIOLENTLY. THE INTENT IS TO
CAUSE PAIN IF NOT WORSE TO
COMMUNICATE THE MESSAGE THAT NO
ONE CAN HAVE THE VICTIM IF THEY
CAN'T. THEN NO ONE CAN COME FOR
THE VICTIM IF THEY CAN'T. TO
CAUSE THE VICTIM TO FEEL PAIN
THE STOCK IMAGINES HAS BEEN
INFLICTED UPON THEM. AND THEY
OFTEN DO THIS BY HITTING THE
VICTIM WHAT HURTS THE MOST.
THEIR BELOVED PETS. CONSIDER
BREANNA AN EIGHTEEN YEAR OLD
FROM MY COUNTY. XP VALUED HER
AND THAT STAGE TRYING TO KILL
WALLY HER BELOVED KITTEN. A FEW
DAYS LATER WALLY WAS MISSING.
AND STOCKER CENTER PICTURES
HIMSELF WITH WALLY. SYNC YOU
GIVE THE CAT BACK IF THEY MET.
SHE AGREED BUT HE DIDN'T HAVE A
WALLET. IN STATE HOLDER THAT
WALLY WILL BE FOUND WITHIN
WALKING DISTANCE. SHE WENT TO A
NEARBY FIELD WHERE TO SPEND TIME
TOGETHER IN HAPPIER DAYS A FOUND
WALLET AT. THE CURRENT STATURE
WOULD NOT PROTECT WALLY BECAUSE
HE WAS NOT AN IMMEDIATE FAMILY
MEMBER. JUST A DAILY COMPANION
WHO ASK FOR NOTHING BUT
SUSTENANCE RECIPROCATED WITH
UNCONDITIONAL LOVE. YOU HAVE IN
YOUR POWER TO CHANGE THIS. SADLY
BROWN IS FAR FROM ALONE CONSIDER
SONYA. HER STALKER DEVALUED HER
INSIDE MESSAGES ONE SAID
TERRIFYINGLY. I POP THE LOCK TO
YOUR DOOR. SHE RACED HOME AND
FOUND THE JUNIOR. HER PRIZED
FLUFFY WHITE PUPPY WAS GONE. HE
GOT HER WORK HURT THE MOST. BUT
IT WASN'T CONSIDERED STALKING
BECAUSE JUNIOR WASN'T HUMAN.
PLEASE CONSIDER THE PROPOSED
LEGISLATION. AND GIVE PROTECTION
TO THE INNOCENT AND VULNERABLE
VICTIMS HERE. WE'RE NOT
PROTECTING THE CURRENT
LEGISLATION. THANK YOU. TWO
MINUTES. HI MADAM CHAIR MEMBERS
OF THE SENATE PUBLIC SAFETY
COMMITTEE MY NAME IS BOB REELING
SMITH I'M WITH THE AMERICAN
KENNEL CLUB. ON BEHALF OF AKC
FORDERN SEVENTY CALIFORNIA DOT
THE CALIFORNIA DOG CLUBS AND
THOUSANDS OF CONSTITUENT DOG
OWNERS IN CALIFORNIA WE EXPRESS
OUR SUPPORT FOR SENATE BILL
EIGHTY NINE. AKC IS A STRONG
DEFENDER POLICIES THAT PROMOTE
RESPONSIBLE PET OWNERSHIP
PROTECT THE HEALTH AND WELFARE
OF DOGS. YES YOU PROTECTING
DOMESTIC VIOLENCE VICTIMS IN
THEIR PETS IS NEAR AND DEAR TO
US. WE HAVE A PROGRAM CALLED THE
AKC HUMANE FUND WHICH IS PROUD
TO BE THE LEADING ORGANIZATION.
THAT PROVIDES FINANCIAL
ASSISTANCE TO DOMESTIC ABUSE
SHELTERS THAT ACCEPT PETS. ARE
GRANTS MAKE IT EASIER FOR
WOMEN'S SHELTERS THAT WELCOME
PETS AND TO HELP BREAK THE CYCLE
OF DOMESTIC ABUSE. NUMEROUS
STUDIES AND FEEDBACK FROM LAW
ENFORCEMENT OFFICERS INDICATE A
SIGNIFICANT PERCENTAGE. OF
DOMESTIC VIOLENCE SITUATIONS
ALSO INVOLVE THREATS OF AN
OUTRIGHT ABUSE OF PETS. A
NATIONAL DOMESTIC ABUSE HOTLINE
STUDY FOUND THAT NEARLY HALF OR
48% OF RESPONDENTS. FEARED THAT
THE ABUSIVE PARTNER WITH HARM OR
KILL THEIR PETS. IN 37% REPORTED
THAT THE ABUSIVE PARTNER HAD
ALREADY. THREATENED TO HARM OR
KILL THEIR PETS. SADLY MANY
ABUSERS OFTEN USE MALTREATMENT
OR THREATS. OF ABUSE AGAINST
PETS AS LEVERAGE TO PREVENT
VICTIMS FROM FLOWING ABUSIVE
RELATIONSHIPS AS WE JUST HEARD.
AND MOST ALARMINGLY IN ONE STUDY
29% SAID PETS ALREADY BEEN
HARMED OR KILLED. SENATE BILL
EIGHTY NINE SEEKS TO ADDRESS
THESE CONCERNS BY EXPANDING WHAT
CONSTITUTES TALKING TO INCLUDE
BEHAVIOR. THAT SEEKS TO HARM OR
THREATEN. IT DOMESTIC VIOLENCE
DOMESTIC VIOLENCE VICTIMS PAT
SERVICE ANIMALS OR EMOTIONAL
SUPPORT ANIMAL. THIS BILL WOULD
BRING CALIFORNIA IN LINE WITH
THE FEDERAL STALKING STATUTES.
THE AKC STRONGLY SUPPORTS THE
COMMITTEE'S ATTENTION TO THIS
ISSUE THANK YOU FOR REVIEWING
AND CONSIDERING OUR POSITION ON
THIS BILL RESPECTFULLY ASK FOR
AN AYE VOTE THANK YOU. THANK
YOU- WE WILL NOW MOVE ON TO.
SUPPORT WHEN ASSIST PLEASE STATE
YOUR NAME YOUR ORGANIZATION THAT
YOU SUPPORT. I'VE IF IT'S
PATRICK RIVERSIDE COUNTY
DISTRICT ATTORNEY'S OFFICE ON
BEHALF OF THE CALIFORNIA
DISTRICT ATTORNEYS ASSOCIATION
IN STRONG SUPPORT THANK YOU.
HELLO MY NAME IS NICOLAS SACKETT
SOCIAL COMPASSION IN LEGISLATION
IN SUPPORT THANK YOU. DO WE HAVE
ANY OTHER SUPPORT WITNESSES
SEEING NONE WE WILL MOVE TO
LEAD. OPPOSITION WITNESSES. YOU
WILL HAVE TWO MINUTES. LESLIE
CALDWELL HOUSTON FOR THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION GIVEN THE ACCEPTANCE
OF THE AMENDMENTS WE'D LIKE TO.
WITHDRAW OUR OPPOSITION- I'M
ALSO HERE ON BEHALF OF THE SAN
FRANCISCO PUBLIC DEFENDER'S
OFFICE THEY HAVE NOT SEEN THE
AMENDMENTS SO. FOR NOW THEY
REMAIN IN OPPOSITION. THANK YOU-
THIS DO WE HAVE ANY OTHER
OPPOSITION WITNESSES. SEEING
NONE WE WILL MOVE ON TO-
WITNESSES WAITING TO TESTIFY VIA
TELECONFERENCE SERVICE PLEASE
YOU STATE YOUR NAME ORGANIZATION
AND POSITION MODERATOR IF YOU
WILL PLEASE PROMPT INDIVIDUALS
WAITING TO TESTIFY WE WILL BEGIN
. TO PROVIDE PUBLIC COMMENT IN
SUPPORT OR OPPOSITION TO S. B.
EIGHTY NINE PLEASE PRESS ONE AND
THEN ZERO AT THIS TIME. AND WE
HAVE NO COMMENT. PERFECT SO WE
WILL BRING THE DISCUSSION BACK
TO MEMBERS MEMBERS DO YOU HAVE
ANY COMMENTS ANY THOUGHTS.
SEEING NONE- I WOULD JUST LIKE
THOSE SORRY SENATOR SKINNER.
YEAH OUR ONE SHE STATED THAT
SHE'S ACCEPTING- COMMITTEE MET
MINUTES I'M AMENDMENTS. THANKS I
DIDN'T HEAR THAT PART BUT- BASED
ON YOUR ACCEPTANCE OF THE
COMMITMENTS- I WILL MOVE THE
BILL AND I ALSO APPRECIATE THAT
YOU BROUGHT THIS TO OUR
ATTENTION BECAUSE IN FACT WHAT
YOU DESCRIBE IS A SERIOUS
PROBLEM. THAT OUR CURRENT LAW
DOES NOT ADDRESS SO I WILL MISS
THE BILL. ON I DO JUST WANNA SAY
THAT AS AS A BIG DOG LOVER NOT
THIS BILL ACTUALLY MEANS A LOT
BECAUSE THIS HAS BEEN SOMETHING-
IF THAT HAS BEEN ACTUALLY PRETTY
PREVALENT IN THE DOMESTIC
VIOLENCE SHELTERS THAT I HAVE
WORKED ON- AND- IT'S LARGELY
IGNORED AND ALMOST TO THE
COMMENTS DEVALUED- YET YOU KNOW
WE LOVE A PET JUST AS MUCH AS WE
LOVE YOU KNOW A FAMILY MEMBER.
AND SO THIS IS INCREDIBLY
IMPORTANT AND I APPRECIATE
SENATOR- FOR YOU BRING THE
SUPPORT SO THANK YOU AND IF YOU
HAVE ANY CLOSING COMMENTS. WE
MUST ENSURE THAT THE VICTIMS OF
STALKING THEIR PETS ARE NOT LEFT
VULNERABLE. TWO THREATS AND
ATTACKS I RESPECTFULLY ASK FOR
AN AYE VOTE. THANK YOU WE HAVE A
MOTION MADE BY SENATOR SKINNER
CAN WE CALL ROLL UP. SB EIGHTY
NINE MOTION IS TO PASS AS
AMENDED TO APPROPRIATIONS
FEDERAL HOP HI I- TO ABOUT. TWO
ABOUT AYE BRADFORD. RIGHT FOR
AYE SKINNER. AYE SKINNER AYE
WIENER. WIENER AYE. FIVE ZERO
THE BILLS OUT. THANK YOU. AT WE
ADJOURN.