BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  ACR 94
                                                                  Page 1

          Date of Hearing:  March 11, 2014
          Counsel:       Shaun Naidu


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                ACR 94 (Rodriguez) - As Introduced:  February 11, 2014


           SUMMARY  :  Memorializes the Legislature's recognition that active  
          shooter incidents are increasing and encourages local fire, law  
          enforcement, and emergency medical services agencies to develop  
          standard operating procedures and coordinate training programs  
          in an effort to respond more efficiently to active shooter  
          incidents in California.  Specifically,  this resolution  :

          1)Makes declarations regarding the increase of active shooter  
            incidents since the Columbine High School attack in 1999; the  
            substantial amount of public and law enforcement attention  
            these incidents have captured and number of lives they have  
            taken; and the atmosphere in which these incidents commonly  
            take place.

          2)Makes declarations regarding the paradigm shift in law  
            enforcement training and tactics and the need for a  
            coordinated response by law enforcement and others to save  
            lives.

          3)States that it is resolved by the Assembly, with the Senate  
            concurring, that the Legislature recognizes that active  
            shooter incidents are increasing and encourages local fire,  
            law enforcement, and emergency medical services agencies to  
            develop common tactics, communications capabilities, and  
            terminology to enable seamless and effective operations during  
            an active shooter incident.

          4)States that it is resolved that local fire, law enforcement,  
            and emergency medical services agencies are encouraged to  
            establish standard operating procedures and coordinate  
            training programs in an effort to mitigate risk to law  
            enforcement and the public during active shooter incidents and  
            that places where large groups of people often congregated  
            should consider implementing response teams in order to  
            streamline communications with persons trapped inside a venue  








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            and to maximize crowd control measures and evacuation  
            procedures.

          5)States that it is resolved that the Chief Clerk of the  
            Assembly transmit copies of this resolution as specified.

           EXISTING LAW  : 

          1)Requires the Emergency Medical Services Authority to establish  
            training standards, that include recommendations from the  
            Emergency Response Training Advisory Committee, involving the  
            responsibility of first responders to terrorism incidents and  
            to address the training needs of those identified as first  
            responders.  (Health & Saf. Code, § 1797.116.)

          2)Requires the State Fire Marshall to establish training  
            standards, that include recommendations from the Emergency  
            Response Training Advisory Committee, involving the  
            responsibility of first responders to terrorism incidents and  
            to address the training needs of those identified as first  
            responders.  (Health & Saf. Code, § 13159.1.)

          3)Requires the Office of Emergency Services (CalOES) to contract  
            with the California Fire Fighter Joint Apprenticeship Program  
            to develop a fire service specific course of instruction on  
            the responsibilities of first responders to terrorism  
            incidents.  (Gov. Code, § 8588.11.)

          4)Requires the Commission on Peace Officer Standards and  
            Training (POST) to establish training standards, that include  
            recommendations from the Emergency Response Training Advisory  
            Committee, involving the responsibility of first responders to  
            terrorism incidents.  Allows every police chief and sheriff,  
            the Commissioner of the Highway Patrol, and other general law  
            enforcement agency to determine the members of his, her, or  
            its agency to receive the emergency response to terrorism  
            incidents training developed by POST.  (Pen. Code, §  
            13519.12.)

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "In November of  
            2013, a gunman entered Terminal 3 at Los Angeles International  








                                                                  ACR 94
                                                                  Page 3

            Airport (LAX) and opened fire.  A TSA officer died and several  
            others were wounded.  Because these types of incidences are  
            becoming increasingly more frequent, it is vital that our  
            local law enforcement agencies, emergency medical care  
            personnel, local government agencies and various venue  
            locations work together in a coordinated, cohesive manner.

            "I have introduced ACR 94 to encourage local fire, law  
            enforcement, and emergency medical services agencies to  
            develop common tactics, communications capabilities, and  
            terminology to enable seamless and effective active shooter  
            incident operations.  This measure will also encourage local  
            agencies to jointly establish standard operating procedures  
            and coordinated training programs for active shooter incidents  
            and to develop Response Teams."

           2)Active Shooter Incidents  :  As stated by the Federal Bureau of  
            Investigation (FBI), an active shooter is "an individual  
            actively engaged in killing or attempting to kill people in a  
            confined and populated area."  (Active Shooter/Mass Casualty  
            Incidents, Federal Bureau of Investigation  
             [as of Mar. 4, 2014].)  Over the course of a  
            decade and a half, the number of those shot and killed in  
            active shooter incidents has increased 150% across the  
            country.  (Eric Holder, U.S. Attorney General, address to the  
            Int'l. Assn. of Chiefs of Police Annual Conf. (Oct. 21,  
            2013).)  The FBI provides the following additional statistics  
            information about active shooter incidents in the United  
            States:


             a)   Active-shooter incidents often occur in small- and  
               medium-sized communities where police departments are  
               limited by budget constraints and small workforces.


             b)   The average active-shooter incident lasts 12 minutes.  
               Thirty-seven percent last less than five minutes.


             c)   Overwhelmingly, the offender is a single shooter (98  
               percent), primarily male (97 percent). In 40 percent of the  
               instances, they kill themselves.









                                                                  ACR 94
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             d)   Two percent of the shooters bring IEDs as an additional  
               weapon.


             e)   In 10 percent of the cases, the shooter stops and walks  
               away. In 20 percent of the cases, the shooter goes mobile,  
               moving to another location.


             f)   Forty-three percent of the time, the crime is over  
               before police arrive. In 57 percent of the shootings, an  
               officer arrives while the shooting is still underway.


             g)   The shooter often stops as soon as he hears or sees law  
               enforcement, sometimes turning his anger or aggression on  
               law enforcement.


             h)   Patrol officers are most likely responding alone or with  
               a partner. When responding alone, 75 percent had to take  
               action.


             i)   A third of those officers who enter the incident alone  
               are shot by the intruder.  (Katherine W. Schweit, J.D.,  
               Addressing the Problem of the Active Shooter (May 7, 2013)  
               Federal Bureau of Investigation <  
               http://www.fbi.gov/stats-services/publications/law-enforceme 
               nt-bulletin/2013/May/active-shooter> [as of Mar. 4, 2014]  
               (internal citations omitted).)

                
            3)LAX Airport Response Team  :  In the immediate aftermath of the  
            shooting incident at the Los Angeles International Airport  
            (LAX) that resulted in the death of a Transportation Security  
            Administration officer in November 2013, airport visitors and  
            passengers were forced to evacuate the terminal where the  
            shooting took place.  Lack of communication and direction  
            after the event took place left the airport in gridlock and  
            left passengers stranded and confused.  According to one news  
            account: "Evacuated passengers sat on street curbs for hours  
            in the sun.  Traffic jams and several airport roadways that  
            were blocked by police restricted people's ability to move.   








                                                                  ACR 94
                                                                  Page 5

            Many camped out on lawns of hotels or waited in lobbies."   
            (Aguilar, LAX emergency response team will tend to passengers  
            in future emergencies, Southern California Public Radio (Dec.  
            31, 2013).)  Partly in response to the November 2013 shooting,  
            LAX formed the Airport Response Team, the first formalized  
            employee team that the airport can deploy on the ground to  
            communicate with the public and offer care and information on  
            what to do and where to go during emergencies.  (Ibid.)

           4)Argument in Support  :  According to the  California Professional  
            Firefighters  , "Active shooter event scenarios are essential  
            training subjects for all firefighters, emergency medical and  
            law enforcement personnel.  Similar to a hazardous material  
            first responder operations 'FRO' level of competency, every  
            first responder must be prepared for the possible response to  
            an active shooter event.  ?  CPF encourages close cooperation  
            among impacted agencies in the development of curriculum that  
            best provides necessary, standardized training, which will  
            help properly mitigate incidents and treat patients.  For  
            these reasons, we urge your support [of] ACR 94."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Professional Firefighters

           Opposition 
           
          None
           

          Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744