BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: AB 2384 Hearing Date: 6/14/2016
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|Author: |Gallagher |
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|Version: |6/6/2016 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Felipe Lopez |
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SUBJECT: Terrorist activity
DIGEST: This bill requires the Office of Emergency Services
(OES), prior to January 1, 2018, to adopt a public education
program to enhance the public's knowledge about how to identify
and report suspected terrorist activity.
ANALYSIS:
Existing law:
1)Creates OES in the office of the Governor, with specified
powers and duties relative to coordinating emergency services,
including the coordination of the State Emergency Plan, as
defined, and those programs necessary for the mitigation of
the effects of an emergency in the state.
2)Specifies that terrorist activity is generally punishable
under laws proscribing criminal conduct, including laws
proscribing train wrecking, false reporting of bombs, improper
possession or transport of explosives and hazardous materials,
and possession or use of weapons of mass destruction, assault,
and others.
This bill:
1)Requires OES, prior to January 1, 2018, to adopt a public
education program to enhance the public's knowledge about how
AB 2384 (Gallagher) Page 2 of ?
to identify and report suspected terrorist activity.
2)Requires OES to post information about the program on its
Internet Web site.
3)Requires OES to incorporate the program into relevant existing
programs and trainings.
Background
Purpose of the bill. According to the author, "California is
the most populous state in the nation, housing 12% of the U.S.
population. It also is home to many top terrorist targets like
LAX, ports, the Golden Gate Bridge, and Disneyland. It is
therefore imperative for Californians to be able to easily
identify and report suspicious activity. This is especially
important as most domestic terrorist attacks in recent years
have been the work of lone wolves who act without official
coordination form overseas terrorist organizations. California
residents are frequently the best line of defense to prevent
such attacks. For example, in the recent attack in San
Bernardino, neighbors of Syed Farook and Tashfeen Malik noticed
suspicious activity but failed to report it. "
Reporting suspicious activity. A 2012 study by the International
Association of Chiefs of Police and the Department of Homeland
Security (DHS), titled: "Improving the Public's Awareness and
Reporting of Suspicious Activity," found that many people do not
report suspicious activity because they fear retaliation,
incorrect reporting, or think it is not a worthwhile use of
police resources.
The study also found the public's definition of suspicious
activity differs from law enforcement's definition.
Participants tended to define suspicious activity as something
out of the ordinary or out of place considering the location.
In many cases, people gave their everyday environment as a
normal setting where any deviation would set off an internal
trigger. Approximately 36 percent described traditional
criminal activity, such as someone brandishing a gun or breaking
into a car. Only about five percent described activities that
may be indicative of terrorism. Urban and suburban respondents
were more likely than rural respondents to mention an activity
that may lead to a terrorist act.
AB 2384 (Gallagher) Page 3 of ?
The study makes several recommendations to increase
underreporting and overall understanding of suspicious activity.
Those recommendations include: 1) Local law enforcement and
community organizations should promote public involvement in
identifying and reporting suspicious activities through outreach
efforts and campaigns; 2) Public education efforts should
provide community members with a better understanding of what
suspicious activity entails; 3) Educating the public about what
behaviors to be aware of is essential to effective reporting;
and 4) Law enforcement should advertise clear and concise
methods by which people can report suspicious activity.
Prior/Related Legislation
AB 1346 (Gray, 2016) requires OES to update the State Emergency
Plan on or before January 1, 2018, and every five years
thereafter. (Pending in Senate Governmental Organization
Committee)
AB 918 (Cooley, Chapter 287, Statutes of 2013) required OES, on
or before July 31, 2015, to update the State Emergency Plan to
include proposed best practices for local governments and
nongovernmental entities to use to mobilize and evacuate people
with disabilities and others with access and functional needs
during an emergency or natural disaster.
FISCAL EFFECT: Appropriation: No Fiscal
Com.: Yes Local: No
SUPPORT:
None received
OPPOSITION:
None received