AB 807, as amended, Ammiano. Criminal justice statistics.
Existing law requires the Department of Justice to collect specified criminal justice information from local law enforcement agencies, to tabulate, analyze, and interpret the collected data, and to prepare an annual report presenting the criminal justice statistics for the previous year.
This bill would require the Department of Justice to include in the annual report additional statistical information relating to complaints received by law enforcement agencies, as specified, and criminal convictions of peace officers. The bill would also make technical, nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13010.5 of the Penal Code is amended
2to read:
The department shall collect data pertaining to the
2juvenile justice system for criminal history and statistical purposes.
3This information shall serve to assist the department in complying
4with the reporting requirement of paragraphs (3) and (4) of
5subdivision (a) of Section 13012, measuring the extent of juvenile
6delinquency, determining the need for and effectiveness of relevant
7legislation, and identifying long-term trends in juvenile
8delinquency. Any data collected pursuant to this section may
9include criminal history information which may be used by the
10department to comply with the
requirements of Section 602.5 of
11the Welfare and Institutions Code.
Section 13012 of the Penal Code is amended to read:
(a) The annual report of the department provided for
14in Section 13010 shall contain statistics showing all of the
15following:
16(1) The amount and the types of offenses known to the public
17authorities.
18(2) The personal and social characteristics of criminals and
19delinquents.
20(3) The administrative actions taken by law enforcement,
21judicial, penal, and correctional agencies or institutions, including
22those in the juvenile justice system, in dealing with criminals or
23delinquents.
24(4) The administrative actions taken by law enforcement,
25prosecutorial, judicial, penal, and correctional agencies, including
26those in the juvenile justice system, in dealing with minors who
27are the subject of a petition or hearing in the juvenile court to
28transfer their case to the jurisdiction of an adult criminal court or
29whose cases are directly filed or otherwise initiated in an adult
30criminal court.
31(5) (A) The total number of each of the following:
32(i) begin deleteCitizen’s end deletebegin insertCitizens’ end insertcomplaints received by law enforcement
33agencies under Section 832.5.
34(ii) Complaints received by law enforcement agencies against
35the personnel of a department or agency that employs peace officers
36that are made by that personnel’s supervisor or by the personnel
37of another department or agency that employs peace officers.
38(iii) Complaints received by law enforcement agencies against
39the personnel of a department or agency that employs peace officers
40in which the identity of the complainant is unknown.
P3 1(B) The department shall categorize each complaint into one of
2the categories identified in clauses (i) tobegin delete (ix)end deletebegin insert
(viii)end insert, inclusive, and
3report the number of complaints received by law enforcement
4agencies within each of those categories.
5(i) “Excessive force,” which means a complaint regarding the
6use or threatened use of excessive force against a person.
7(ii) “Improper arrest,” which means a complaint that the restraint
8of a person’s liberty was improper or unjust, or violated the
9person’s civil liberties.
10(iii) “Improper entry,” which means a complaint that the entry
11into a building or onto property was improper or that excessive
12force was used against property to gain entrance into a building
13or onto property.
14(iv) “Improper
search,” which means a complaint that the
search
15of a person or property was improper.
16(v) “Other criminal violation,” which means a complaint
17regarding the commission of an illegal act not otherwise specified.
18(vi) “Differential treatment,” which means a complaint that the
19taking, failure to take, or method of police action was predicated
20upon irrelevant factors, including, but not limited to, race,
21appearance, age, or sex.
22(vii) “Demeanor,” which means a complaint that the personnel’s
23bearing, gestures, language, or other characteristics or actions were
24inappropriate.
25(viii) “Other rule violation,” which means a complaint for
26conduct that violates agency rules, but that is not
encompassed in
27a category specified in clauses (i) to (vii), inclusive.
28(C) The statistics required to be reported pursuant to this
29paragraph shall indicate, within each category of complaint
30identified in subparagraph (B), the number of complaints within
31each of the following disposition categories:
32(i) “Sustained,” which means that the investigation disclosed
33sufficient evidence to prove the truth of the allegation in the
34complaint by a preponderance of the evidence.
35(ii) “Exonerated,” which means that the investigation clearly
36established that the actions of the personnel that formed the basis
37
of the complaint are not a violation of law or agency policy.
38(iii) “Not sustained,” which means that the investigation failed
39to disclose sufficient evidence to clearly prove or disprove the
40allegation in the complaint.
P4 1(iv) “Unfounded,” which means that the investigation clearly
2established that the allegation is not true.
3(D) The statistics required to be reported pursuant to this
4paragraph shall be reported for each individual law enforcement
5agency.
6(6) The total number of felony and misdemeanor convictions
7incurred by peace officers for conduct occurring either on- or
8off-duty.
9(b) It shall be the duty of the department to give adequate
10interpretation of the statistics and so to present the information
11that it may be of value in guiding the policies of the Legislature
12and of those in charge of the apprehension, prosecution, and
13treatment of the criminals and delinquents, or concerned with the
14prevention of crime and delinquency. The report shall also include
15statistics which are comparable with national uniform criminal
16statistics published by federal bureaus or departments heretofore
17mentioned.
Section 13012.5 of the Penal Code is amended to read:
(a) The annual report published by the department
20under Section 13010 shall, in regard to the contents required by
21subdivision (d) of Section 13012, include the following statewide
22information:
23(1) The annual number of fitness hearings held in the juvenile
24courts under Section 707 of the Welfare and Institutions Code,
25and the outcomes of those hearings including orders to remand to
26adult criminal court, cross-referenced with information about the
27age, gender, ethnicity, and offense of the minors whose cases are
28the subject of those fitness hearings.
29(2) The annual number of minors
whose cases are filed directly
30in adult criminal court under Sections 602.5 and 707 of the Welfare
31and Institutions Code, cross-referenced with information about the
32age, gender, ethnicity, and offense of the minors whose cases are
33filed directly to the adult criminal court.
34(3) The outcomes of cases involving minors who are prosecuted
35in adult criminal courts, regardless of how adult court jurisdiction
36was initiated, including whether the minor was acquitted or
37convicted, or whether the case was dismissed and returned to
38juvenile court, including sentencing outcomes, cross-referenced
39with the age, gender, ethnicity, and offense of the minors subject
40to these court actions.
P5 1(b) The department’s annual report published under Section
213010 shall include the information described in
paragraph (4) of
3subdivision (a) of Section 13012, as further delineated by this
4section, beginning with the report due on July 1, 2003, for the
5preceding calendar year.
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