BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 71


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          Date of Hearing:   April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          71 (Rodriguez) - As Amended April 6, 2015


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          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  








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          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.  








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          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  








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            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


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