BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 663|
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THIRD READING
Bill No: SB 663
Author: Lara (D)
Amended: 1/27/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 1/14/14
AYES: Hancock, De León, Knight, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : 6-0, 1/23/14
AYES: De León, Gaines, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters
SUBJECT : Crimes: persons with developmental and intellectual
disabilities
SOURCE : Author
DIGEST : This bill requires the Commission on Peace Officer
Standards and Training (POST) to develop a course on the steps
to be taken in developing a training course regarding the
investigation of crimes involving individuals with developmental
disabilities.
ANALYSIS :
Existing law:
1.Requires all peace officers to complete an introductory course
of training prescribed by POST, demonstrated by passage of an
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appropriate examination developed by POST.
2.Provides that the training course would be required for law
enforcement personnel in law enforcement agencies with
jurisdiction over state mental health hospitals and state
developmental centers, as part of the agency's officer
training program. The course shall be available to law
enforcement across the state.
3.Provides that in setting a criminal case for trial, the trial
court shall make reasonable efforts to avoid setting
conflicting trial dates for a prosecutor if one of the cases
includes a charge of murder, sexual assault, child abuse or a
case involving the district attorney's career criminal
division or unit.
4.Provides that the public is best served where criminal cases
are heard at the earliest possible time.
This bill:
1.Extends the provision in existing law requiring reasonable
efforts to be made to avoid the scheduling of a trial date in
superior court for specified offenses on the same day that
another case is set for trial involving the same prosecuting
attorney to cases involving a crime against a person with a
developmental disability.
2.Expands the types of cases eligible to be granted a
continuance upon a showing of good cause to include cases
involving a crime against a person with a developmental
disability.
3.Requires POST, upon the next regularly scheduled review of a
training module relating to persons with disabilities, to
create and make available on DVD a training course regarding
the investigation of crimes against or involving individuals
with developmental disabilities, intellectual disabilities,
cognitive impairments, and communication impairments, as
specified.
4.Provides that the required training for law enforcement
officers who handle cases arising in state mental hospitals
and development centers should be integrated and coordinated
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with the training course.
5.Expresses that the intent of the Legislature is to encourage
the establishment of crime investigation units in law
enforcement agencies throughout the state specializing in
investigating crimes against or involving individuals with
developmental disabilities, intellectual disabilities,
cognitive impairments, and communication impairments,
including, but not limited to, investigating crimes involving
the sexual exploitation and sexual abuse of developmentally
disabled children and adults.
Comments
According to the author:
Approximately 5% of the nation's population has a
developmental disability. Tragically, this population is much
more likely to face abuse, especially sexual assault than
others without disabilities. These crimes go unreported and
unprosecuted.
Crime victims with developmental disabilities often require
assistance or accommodations during a police investigation.
Despite the number of Californians living with developmental
disabilities, law enforcement receives little to no training
on serving these kinds of victims. As a result many
perpetrators are never held accountable for their crimes and
victims face repeated abuse.
SB 663 will direct POST to develop and make available a
training module to educate law enforcement on the unique
challenges they will face when investigating crimes against
people with developmental disabilities. The training will
equip officers to properly investigate crimes against those
with developmental disabilities and ensure victims get the
justice they deserve.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
One-time costs potentially in excess of $100,000 (Peace
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Officers' Training Fund *) to POST to develop and evaluate the
new curriculum required in the specified training course.
(The Governor's Budget proposes a $6.6 million expenditure
reduction in 2014-15 to maintain solvency of the Peace
Officers' Training Fund.)
Potential minor delays and cost (Trial Court Trust Fund **) to
court operations to comply with the additional calendaring
exception and continuance for good cause provisions of the
bill.
Potentially significant future cost pressure (General Fund) to
the extent state law enforcement agencies (DOJ, CDCR, CHP)
establish crime investigation units as specified in the
codified intent language of the bill.
SUPPORT : (Verified 1/27/14)
ARCA
Disability Rights California
The Arc of California
The Council on Developmental Disabilities
JG:ke 1/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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