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 ----------------------------------------------------------------- |Author: |Gallagher | |-----------+-----------------------------------------------------| |Version: |6/6/2016 Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Felipe Lopez | | | | ----------------------------------------------------------------- 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