BILL ANALYSIS Ó AB 71 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 71 (Rodriguez) - As Amended April 6, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill requires each sheriff and police chief to annually report specified information to the Department of Justice (DOJ), in a manner prescribed by the DOJ, of all instances when a peace AB 71 Page 2 officer is involved in shootings that occur in his or her jurisdiction where an individual or a peace officer is injured or killed. Specifically, this bill: 1)States that in instances where an individual is killed or injured, the agency shall report how many cases resulted in criminal prosecution. 2)Requires DOJ to prescribe the manner in which information will be provided, to include a summary of the information contained in the reports received pursuant to the above provisions in its annual crime report, and to classify the data according to the reporting law enforcement jurisdiction. 3)Specifies in cases involving a peace officer who is injured or killed, the report shall list the officer's employing jurisdiction and the jurisdiction where the injury or death occurred, if they are not the same. FISCAL EFFECT: 1)Potential moderate costs, $80,000 to $100,000 (GF), to DOJ to establish a reporting tool and to update its computer programming in the Criminal Justice Statistics Center to include a summary of the new information in its annual report. 2)Potential moderate one-time and ongoing reimbursable mandated costs (GF) in excess of $150,000 to local law enforcement agencies for costs associated with collecting and reporting the required information when an individual is killed or injured, and the number of cases resulting in criminal prosecution. The one-time cost will depend on reporting tool prescribed by the DOJ. If 40 agencies incur costs in excess of $4,000, the one-time costs will be $160,000. The actual on-going cost will vary based on the number of incidents in a particular year subject to the reporting requirement. AB 71 Page 3 COMMENTS: 1)Background. DOJ is statutorily required to collect and maintain data and develop statistical reports related to crime and the criminal justice process in California. Local agencies are also statutorily required to maintain statistical data and provide those to DOJ. Under current law, local law enforcement agencies are required to report to the DOJ incidents when a police officer is killed or injured in the line of duty, all justifiable homicides committed in the agency's jurisdiction, and any case in which a person dies while in the custody of any law enforcement agency. 2)Purpose. According to the author, "AB 71 was introduced to collect needed statistics and to start a dialogue as to what California needs to do to increase community and officer safety and to improve confidence in law our enforcement agencies and personnel. "AB 71 will provide much needed data on officer involved shootings in California. This will allow the state to study the issue and to appropriately adjust law enforcement training and procedures as needed. Through better training standards from POST (Peace Officer Standards and Training) we can improve outcomes and foster better relations and confidence with our communities. "AB 71 will also track data on an officer involved shooting where it is the law enforcement officer that is shot and killed or injured. Law enforcement work is dangerous and our peace officers are often placed in situations that involve life and death decisions. Tracking shootings of law enforcement officers will give California an idea what our law AB 71 Page 4 enforcement officers are facing on the street." 3)Argument in Support: According to the California Police Chiefs Association, "AB 71 would provide much needed statewide data on officer involved shootings where a civilian or a peace officer is injured or killed. This measure would assist the California Department of Justice in tracking the number of incidents of either uses of force direct at peace officers or uses of force by peace officers. AB 71 is consistent with current efforts on the Federal level by the United States Department of Justice. We believe that this reporting requirement could easily be incorporated into the current UCR reporting forms furnished to the Department of Justice." 4)Related Legislation: a) AB 86 (McCarty), pending in Assembly Public Safety Committee, would establish, within DOJ, an independent review panel to investigate and provide an independent review of peace officer involved shootings and other uses of force resulting in death. b) AB 1497 (Chau), a spot bill pending referral by Rules Commitee, would state the intent of the Legislature to enact legislation that requires law enforcement agencies to develop written policies relating to the handling of incidents involving the use of deadly force by a peace officer that resulted in the death of a member of the public. Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081 AB 71 Page 5