BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 308 (Ammiano)
Hearing Date: 08/15/2011 Amended: 05/27/2011
Consultant: Jolie Onodera Policy Vote: Public Safety 5-2
_________________________________________________________________
____
BILL SUMMARY: AB 308 would require, by January 1, 2013, the
Department of Justice (DOJ) in consultation with the Commission
on Peace Officer Standards and Training (POST) and other
specified entities to develop guidelines for policies and
procedures with respect to the collection and handling of
eyewitness evidence in criminal investigations by all law
enforcement agencies. This bill also declares legislative intent
that law enforcement officials study and consider adopting
procedures recommended by the California Commission on the Fair
Administration of Justice (Commission).
_________________________________________________________________
____
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
DOJ development of $642 $532 $0 General
guidelines
POST participation Minor, absorbable costs to
participate;General
potential future cost pressure of $100
for training module
Legislative intent directed Substantial future cost pressure
to adopt General
at law enforcement guidelines; state-reimbursable if mandated
_________________________________________________________________
____
STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
This bill would require that on or before January 1, 2013, the
DOJ in consultation with POST, local law enforcement agencies,
prosecutors, defense attorneys, and other legal experts, to
develop guidelines for policies and procedures with respect to
AB 308 (Ammiano)
Page 1
the collection and handling of eyewitness evidence in criminal
investigations by all law enforcement agencies operating in
California. The guidelines would be required to be developed to
ensure reliable and accurate suspect identifications and shall
be consistent with the recommendations of the Commission.
This bill would require the DOJ to report to the Legislature by
July 1, 2013, the guidelines developed along with
recommendations of any legislation needed to implement the
guidelines. The DOJ indicates limited-term staffing at a cost of
$642,000 in 2011-12 and $532,000 in 2012-13 would be needed to
consult with all parties, develop the guidelines, and prepare
the report to the Legislature. Absent urgency funding, the DOJ
indicates they would be unable to meet the timelines specified
in the bill.
Staffing costs would consist of one two-year limited term
Special Agent Supervisor (SAS), one Deputy Attorney General
(DAG), and 1.5 limited-term administrative support positions.
The SAS and DAG would meet and work with parties to develop the
new guidelines for eyewitness identification protocols.
Administrative support would attend meetings and assist in the
preparation of the report to the Legislature. There would be
substantial future cost pressure to adopt the guidelines
recommended by the DOJ. Although not specified in the bill, the
DAG could also be involved in the development of a training
curriculum for all law enforcement agencies that reflected the
recommended guidelines, creating additional cost pressure on the
DOJ.
The POST indicates that costs as a participant in the
development of the guidelines will be minor and absorbable
within existing resources. Although not specifically required
under the provisions of the bill, there could be future cost
pressure of approximately $100,000 for POST to develop a
training module to be made available to law enforcement if
curriculum was not developed by the DAG as referenced above.
POST has indicated these costs would be absorbable.
The bill also includes legislative intent language stating law
enforcement officials study and consider adopting the policies
and procedures recommended by the Commission in order to ensure
that eyewitness identification procedures minimize the chance of
misidentification of a suspect. In its report issued in April
AB 308 (Ammiano)
Page 2
2006, the Commission recommendations included the implementation
of a lineup protocol requiring double-blind and sequential
identification procedures.
Although not mandated to adopt the recommended policies, there
would be significant future cost pressure for law enforcement
agencies to adopt the guidelines developed by the DOJ and
consistent with the Commission recommendations as required under
the provisions of this bill. If mandated by the Legislature to
adopt the guidelines established by the DOJ, state-reimbursable
costs in the millions of dollars could be incurred. Local law
enforcement has indicated estimated potential costs of up to $15
million statewide in order to conduct more staff-intensive
line-ups.
This bill would also provide that in a criminal action, or in a
juvenile court proceeding if the subject of the proceeding is or
may be adjudged a ward of the court, expert testimony may be
admitted regarding factors that affect the reliability of
eyewitness identification, if the proponent of the evidence
establishes relevancy and proper qualifications of the witness.
The Judicial Council indicates there would be no fiscal impact
on the courts associated with this provision.
Prior Legislation. SB 1591 (Ridley-Thomas) 2008 was similar to
this measure and was held on the Senate Committee on
Appropriations Suspense File. SB 756 (Ridley-Thomas) 2007 was
also similar to this measure and was vetoed by the Governor with
the following message:
I am returning Senate Bill 756 without my signature. While I
support the efforts to improve reliability and accuracy of
eyewitness identifications, this bill goes too far in attempting
to address the problems of unreliable eyewitness
identifications.
This bill would mandate that the Department of Justice (DOJ) and
the Commission on Peace Officer Standards and Training (POST)
consider questionable recommendations from the California
Commission on the Fair Administration of Justice and require all
California law enforcement agencies to adopt whichever
guidelines DOJ and POST choose.
Law enforcement agencies must have the authority to develop
AB 308 (Ammiano)
Page 3
investigative policies and procedures that they can mold to
their own unique local conditions and logistical circumstances
rather than be restricted to methods created that may make sense
from a broad statewide perspective.