BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
110 (Liu)
Hearing Date: 01/21/2010 Amended: 01/04/2010
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
6-0
_________________________________________________________________
____
BILL SUMMARY: SB 110 makes numerous technical and substantive
changes regarding provisions of laws relating to crimes against
individuals with disabilities. Specifically, this bill:
1) Requires DOJ to electronically send a bulletin to the
executive of each state and local law enforcement agency
and each district attorney, which quotes legislative
findings and statutory changes in this bill. This bulletin
must also contain specified information encouraging
specific training courses and materials for law enforcement
officials and district attorneys.
2) Requires domestic violence death review teams to add
information about whether or not a victim had a disability.
3) Requires existing multiagency child death review teams
to include subject matter experts in their teams.
4) Allows counties to add dependent adult cases to any
elder death review teams and protocols they may already
have.
5) Requires the Commission on Peace Officer Standards and
Training (POST) and DOJ to create a two-hour "Crime Victims
with Disabilities" telecourse for law enforcement officers.
Requires that every law enforcement agency that complies
with POST training, provide this telecourse training for
its officers.
6) Extends the sunset of the Domestic Violence Advisory
Council until July 1, 2015.
7) Creates new reporting requirements for the Department of
Developmental Services (DDS).
8) Makes numerous legislative findings and declarations.
_________________________________________________________________
____
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
State Mandated Local Program Unknown, substantial costs
General
POST Unknown, potentially
significant costs General
Sunset extension Unknown, potentially
significant costs General
DDS reporting requirements Likely minor
General
_________________________________________________________________
____
STAFF COMMENTS: SUSPENSE FILE.
This bill mandates that POST create a new training telecourse
and mandates that virtually all law enforcement officials are
"strongly encouraged by the legislature" or "shall, to the
extent that it does not constitute a local mandate" receive this
new 2-hour training. Implementation and enforcement are unclear.
Two hours of the work time of ever law enforcement official will
be substantial, and simple for counties and cities to
Page 2
SB 110 (Liu)
price and request reimbursement. Staff recommends the author
amend this bill to make the telecourse program participation
optional. As currently written, in one provision of the bill it
is required, and in another it is "strongly encouraged".
This bill requires DOJ to send a bulletin to the executive of
each state and local law enforcement agency and each district
attorney which quotes legislative findings written in this bill.
This bulletin must also contain specified information about new
laws which were a part of previous versions of this bill and
which have been amended out of this bill (and thus, will not be
law).
This bill extends the sunset of the existing Domestic Violence
Advisory Council, which received finding and administrative
support from Cal-EMA. Extending the sunset would extend the
funding to this program.
This bill requires that whenever DDS believes a developmentally
disabled person held in custody is the victim of a crime
(including neglect), DDS must report the case immediately to the
local police department or sheriff's office that has
jurisdiction, or ascertain the facts itself, and then report the
information to local law enforcement. The increased workload on
DDS is likely minor, since these provisions are largely
consistent with existing practice.
Several provisions of this bill are vague and may require
significant additional workload for various interagency and
local death review teams. Because statute governing local death
review teams is permissive, these new requirements do not
constitute reimbursable mandates.