BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 619


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          Date of Hearing:  April 21, 2015
          Counsel:               Stella Choe



                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          AB  
                        619 (Weber) - As Amended  April 15, 2015




          SUMMARY:  Requires law enforcement agencies to report use of  
          force incidents to the Attorney General (AG) and requires the AG  
          to annually issue a report containing this information.  
          Specifically, this bill:  

          1)Requires, beginning January 1, 2018, each state and local  
            agency that employs a peace officer to annually report to the  
            AG data on the use of force by that agency's sworn personnel.

          2)Provides that the uses of force to be reported include any use  
            of force resulting in or contributing to medical treatment or  
            hospitalization of a person, and any of the following types of  
            force: 

             a)   The discharge of a firearm at a person;

             b)   Use of an electronic control or conducted energy device  
               on a person;

             c)   A strike by a baton or other instrument; and,

             d)   Any strike to a person's head, neck, or chest.








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          3)Requires each report made pursuant to the above provisions to  
            include, at minimum, the following information:

             a)   The time, date, and location of the use of force or  
               death;

             b)   The setting in which the use of force occurred,  
               including, but not limited to, a traffic stop, pedestrian  
               stop, or in a correctional facility or other correctional  
               setting;

             c)   The characteristics of each peace officer involved in  
               the use of force or death, including, but not limited to,  
               each officer's race, ethnicity, gender, age, assignment,  
               division or station, shift, and whether the officer was in  
               uniform;

             d)   A description of any person upon whom a use of force was  
               applied, or of the person who died.  A description of a  
               person upon whom a use of force was applied shall be based  
               on the observation and perception of the peace officer who  
               used force, and the information shall not be requested from  
               the person upon whom force was used, unless otherwise  
               required by law.  The description shall include, but not be  
               limited to the following:

               i)     The race, ethnicity, and age of the person;

               ii)    The sexuality and religion of the person, if any is  
                 perceived;

               iii)   Whether the person had limited English proficiency;

               iv)    Whether the person had any perceived mental or  
                 physical disability, or preexisting injury or medical  
                 condition;

               v)     Whether mental health personnel were called to the  
                 scene of the use of force or death, and whether the  
                 personnel were called before or after the use of force or  
                 death occurred;








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               vi)    Whether the person was homeless; and,

               vii)   Whether the person was perceived to be under the  
                 influence of alcohol or narcotics;

             e)   Whether the officer previously stopped the person upon  
               whom force was applied prior to the incident;

             f)   Whether the person was armed, and if so, with what type  
               of weapon; and,

             g)   Details, if applicable, concerning the force used by the  
               officer, including but not limited to:

               i)     The type of force used;

               ii)    Any injuries sustained by the person; and,

               iii)   The length of time between when force was used and  
                 when the person received medical treatment.

          4)Applies the reporting requirements in this bill to the current  
            provision of law that requires law enforcement agencies to  
            report to the AG deaths of persons while in custody.

          5)Provides that "custody" for purposes of the above provision  
            includes, but is not limited to, any point in time when a  
            person's freedom of movement is curtailed or limited by a  
            peace officer, or when a person is led to believe, as a  
            reasonable person, that he or she is so deprived of the  
            freedom to move, such as during a stop, a stop and frisk, an  
            interrogation, an arrest, transport prior to booking, or  
            correctional confinement.

          6)Specifies that the writings described in the provisions above  
            are public records within the meaning of the California Public  
            Records Act.

          7)States that the AG shall annually issue a report that  
            summarizes the information collected pursuant to the  
            provisions of this bill. The report shall list the statewide  








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            total number separately from the disaggregated total number  
            for each of the data collection criteria specified for each  
            agency that submits a report.

          8)Directs the AG to make the reports available to the public by  
            posting those reports in their entirety on the Department of  
            Justice's (DOJ) Internet Web site. The first reports shall be  
            posted no later than July 1, 2018. The reports shall remain  
            posted on DOJ's Internet Web site in order to be available to  
            the public in an ongoing, continuous manner.

          EXISTING LAW:  

          1)Provides that it is the duty of each city marshal, chief of  
            police, railroad and steamship police, sheriff, coroner,  
            district attorney, city attorney and city prosecutor having  
            criminal jurisdiction, as well as other agencies or persons  
            dealing with crimes and criminals or with delinquency or  
            delinquents, when requested by the AG:

             a)   To install and maintain records needed for the correct  
               reporting of statistical data required by the AG; 

             b)   To report statistical data to the DOJ at those times and  
               in the manner that the AG proscribes; and,

             c)   To give to the AG, or his or her accredited agent,  
               access to the statistical data for the purpose of carrying  
               out the purposes of carrying out the relevant law.  (Pen.  
               Code, § 13020.)

          2)Requires each sheriff and chief of police to annually furnish  
            the DOJ, in the manner prescribed by the Attorney General, a  
            report of all justifiable homicides committed in his or her  
            jurisdiction. In cases where both a sheriff and chief of  
            police would be required to report a justifiable homicide  
            under this section, only the chief of police shall report the  
            homicide.  (Pen. Code, § 13022.)

          3)States that, subject to the availability of adequate funding,  
            the AG shall direct local law enforcement agencies to report  
            to DOJ, in a manner to be prescribed by the AG, any  








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            information that may be required relative to hate crimes, as  
            specified, and requires, on or before July 1 of each year, DOJ  
            to submit a report to the Legislature analyzing the results of  
            the information obtained from local law enforcement agencies.   
            (Pen. Code, § 13023, subds. (a) and (b).)

          4)Includes within DOJ's annual reporting requirements the number  
            of citizens' complaints received by law enforcement agencies.  
            These statistics shall indicate the total number of these  
            complaints, the number alleging criminal conduct of either a  
            felony or misdemeanor, and the number sustained in each  
            category. The report shall not contain a reference to any  
            individual agency but shall be by gross numbers only.  (Pen.  
            Code, § 13012, subd. (e).)

          5)Mandates in any case in which a person dies while in the  
            custody of any law enforcement agency or while in custody in a  
            local or state correctional facility in this state, the law  
            enforcement agency or the agency in charge of the correctional  
            facility shall report in writing to the AG, within 10 days  
            after the death, all facts in the possession of the law  
            enforcement agency or agency in charge of the correctional  
            facility concerning the death.  Proscribes that these writings  
            are public records within the meaning of the California Public  
            Records Act and are open to public inspection, except  
            confidential medical information. (Gov. Code, § 12525.)

          6)California Public Records Act generally provides that access  
            to information concerning the conduct of the people's business  
            is a fundamental and necessary right of every person in this  
            state. (Gov. Code, § 6250 et. seq.)

          7)Provides that public records are open to inspection at all  
            times during the office hours of the state or local agency and  
            every person has a right to inspect any public record, except  
            as provided. Any reasonably segregable portion of a record  
            shall be available for inspection by any person requesting the  
            record after deletion of the portions that are exempted by  
            law. (Gov. Code, § 6253)

          FISCAL EFFECT:  Unknown









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          COMMENTS:  

          1)Author's Statement:  According to the author, "Peace officers  
            risk their lives daily, and the people of California greatly  
            appreciate their hard work and dedication to public safety.    
            Recently, the President's Task Force on 21st Century Policing,  
            FBI Director James Comey, state Attorney General Kamala  
            Harris, and the people of California have all expressed a  
            significant interest in strengthening police-community  
            relationships through adopting evidenced-based approaches to  
            public safety.  In furtherance of this goal, AB 619 would  
            enhance transparency by ensuring that death in custody and law  
            enforcement use of force data is regularly made available to  
            the public."
          
          2)Reporting on Criminal Statistics: 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 existing law, local law enforcement agencies are required  
            to report to DOJ all justifiable homicides committed in that  
            agency's jurisdiction.  (Pen. Code, § 13022.)  Local  
            jurisdictions must also report on the number of non-criminal  
            and criminal complaints reported by citizens against law  
            enforcement personnel and the number of complaints that were  
            sustained.  (Pen. Code, § 13012.)  Arrest information from  
            local agencies must also be provided to DOJ in order to  
            maintain its arrest and citation database. (Pen. Code, §§  
            13020 and 13021.)  This database contains information  
            including name, race/ethnicity, date of birth, sex, date of  
            arrest, offense level, offense type, status of the offense,  
            and law enforcement disposition.  (Office of the Attorney  
            General, Criminal Statistics Reporting Requirements (April  
            2014), p. 8.)  Using statistical data from local  
            jurisdictions, DOJ publishes an annual report on crime, as  
            well as other reports as required by statute.  

          The Federal Bureau of Investigation also collects data on deadly  
            force used by officers, but reporting by law enforcement  
            agencies is voluntary, and the data only covers justifiable  








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            homicides.  "[B]etween 400 and 500 times a year, an officer  
            kills a citizen in what police consider justifiable homicide  
            of a felon-usually under threat from an armed citizen. But  
            there is no reliable way of knowing what that number would be  
            if included a comprehensive tally of all incidents-including,  
            for example, those not considered justified." (Neumann, How  
            Often Do Cops Kill Citizens? Why, Given "Scandalous" Data  
            Gaps, Nobody Knows, California Magazine (Feb. 2015).)  A  
            recent study conducted by Franklin Zimring, Professor of Law  
            at the University of California at Berkeley, found that in the  
            past four decades, there has been a downward trend in the  
            number of killings both of, and by, police.  While the ratio  
            of citizens killed by police, to police killed, was about 3 to  
            1, it now is nearly 8 to 1. Although police killings of whites  
            are drastically higher than police killings of  
            African-Americans, killings of African-Americans are  
            proportionally about three times higher than whites. (Zimring  
            and Arsiniega, Trends in Killings of and by Police: A  
            Preliminary Analysis, 2015, Ohio State Journal of Criminal  
            Law, Vol. 13.)

            This bill requires local law enforcement agencies to report to  
            DOJ incidents of use of force by its officers. Use of force  
            refers to any use of force resulting in or contributing to  
            medical treatment or hospitalization, or when certain weapons  
            are used such as a firearm or baton. The bill also requires  
            specified information to be reported about the person upon  
            whom use of force was used, such as the perceived  
            characteristics of the person, the setting in which the force  
            was used, the type of force used, and the type of injury  
            sustained. This bill also applies these reporting requirements  
            on the current duty of law enforcement agency to report deaths  
            in custody.  The purpose of this bill is to address the  
            deficiency of data on police use of force and to enhance  
            transparency by ensuring that the data is made available to  
            the public.

          3)Argument in Support:  According to the Youth Justice  
            Coalition, a co-sponsor of this bill, "In response to the  
            apparent increase in law enforcement use of force, we sought  
            data on the number of people killed by law enforcement and was  
            shocked to find that local law enforcement agencies either  








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            didn't keep accurate data, or didn't release it regularly to  
            the public. We pulled together homicide  data from the  
            Coroner's Office and combined it with the experiences of  
            victims' families in order to issue a report on use of force  
            in Los Angeles County.  The data revealed that LA County leads  
            the nation on officer-involved homicides; at least 618 people  
            have been killed since 2000.

          "Similarly, throughout California, the public is far too often  
            left in the dark when it comes to information about force used  
            by law enforcement.  All state and local law enforcement  
            agencies have submitted information concerning deaths in  
            custody - including those that occur during arrest - to the  
            state Department of Justice since 1980.  However, the DOJ has  
            been unable to provide the public with detailed information  
            about such deaths on a routine basis. In fact, its last report  
            on the issue, released in 2005, provided less than four-pages  
            of information, highlighted that it was 'intended as a brief  
            overview,' and explained that 'additional detailed research  
            could be done if resources were available.'  This lack of  
            transparency not only inhibits public trust, but also hinders  
            the development of potentially life-saving law enforcement  
            reforms. . . .

          "AB 619 will expand the current death in custody reporting  
            requirement to include use of force that results in serious  
            bodily injury.  It would also ensure that the public has  
            regular access to important facts concerning law enforcement  
            use of force practices." 

          4)Related Legislation: 

             a)   AB 71 (Rodriguez) would require local law enforcement  
               agencies to annually furnish a report to DOJ of all  
               instances when a peace officer is involved in shootings  
               that occur in his or her jurisdiction where an individual  
               or a peace officer is injured or killed and require DOJ to  
               include a summary of the information received in its annual  
               crime report.

             b)   AB 86 (McCarty) would require DOJ to conduct an  
               independent investigation if a peace officer, in the  








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               performance of his or her duties, uses deadly physical  
               force upon another person and that person dies as a result  
               of the use of that deadly force, and would require DOJ to  
               prepare and submit a written report setting forth specified  
               information and recommendations.  AB 86 will be heard by  
               this Committee today.

             c)   AB 953 (Weber) would establish RIPA to eliminate racial  
               and identity profiling and improve diversity and racial  
               sensitivity in law enforcement. AB 953 is being heard by  
               the Committee today.

             d)   SB 227 (Mitchell) would prohibit the use of grand jury  
               in cases of officer-involved shootings or in cases where  
               excessive force used by an officer results in the death of  
               a suspect.  SB 227 is pending hearing by the Senate  
               Committee on Public Safety.

          REGISTERED SUPPORT / OPPOSITION:

          Support


          American Civil Liberties Union of California (Sponsor)
          Youth Justice Coalition (Co-Sponsor)
          A New PATH (Parents for Addiction Treatment & Healing)
          A New Way of Life Reentry Project
          Alliance for Boys and Men of Color
          API Equality-LA
          Asian Law Alliance
          Black Women for Wellness
          California Federation of Teachers
          California Public Defenders Association
          Californians United for a Responsible Budget
          Center on Juvenile and Criminal Justice
          Central American Resource Center - Los Angeles
          Coalition on American-Islamic Relations, California Chapter
          Community Coalition
          Council on American-Islamic Relations, California Chapter
          Courage Campaign
          Dignity and Power Now
          Drug Policy Alliance








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          Ella Baker Center for Human Rights
          Empowering Pacific Islander Communities
          Equality California
          FACTS Education Fund 
          Fair Chance Project
          Filipino Migrant Center of Southern California
          Friends Committee on Legislation of California
          GSA Network
          Inland Empire Immigrant Youth Coalition
          InterCity Struggle
          Japanese Americans Citizens League - Pacific Southwest District
          Justice for Immigrants Coalition of Southern Inland California 
          Justice Not Jails
          K.W. Lee Center for Leadership
          LA Voice
          Legal Services for Prisoners with Children
          Long Beach Immigrant Rights Coalition
          Los Angeles Black Worker Center
          Los Angeles LGBT Center
          Los Angeles Regional Reentry Partnership
          National Association of Social Workers - California Chapter
          National Center for Lesbian Rights
          National Employment Law Project
          New Covenant Church
          Pilipino Workers Center of Southern California
          Progressive Christians Uniting
          Public Advocates
          Riverside Coalition for Police Accountability
          Root & Rebound 
          Sacramento Area Congregations Together
          San Francisco Organizing Project
          San Francisco Tenants Union
          Social Justice Learning Institute
          Southeast Asia Resource Action Center
          Starting Over, Inc. 
          Students for Sensible Drug Policy, Whittier Law School
          The Brown Boi Project
          The Greenlining Institute
          The W. Haywood Burns Institute
          Transgender Law Center
          True North Organizing Network









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          Two private individuals


          Opposition


          None

          Analysis Prepared  
          by:              Stella Choe / PUB. S. / (916) 319-3744