BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2384


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2384 (Gallagher)


          As Amended  June 6, 2016


          Majority vote


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          |ASSEMBLY:  |      |(May 12, 2016) |SENATE: |38-0  |(August 15,      |
          |           |      |               |        |      |2016)            |
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                 (Vote not relevant)




          Original Committee Reference:  G.O.


          SUMMARY:  Requires the Office of Emergency Services (CalOES) to  
          adopt a public education program to enhance the public's  
          knowledge about how to identify and report suspected terrorist  
          activity. 


          The Senate amendments delete the Assembly version of the bill,  
          and instead: 


          1)Require CalOES 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.










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          2)Require CalOES to post information about the program on its  
            Internet Web site.


          3)Require CalOES incorporate the program into relevant existing  
            programs and trainings.


          AS PASSED BY THE ASSEMBLY, this bill would have required CalOES,  
          in the first update of the State Emergency Plan after January 1,  
          2017, to develop a plan to enhance the public's knowledge about  
          how to identify and report terrorist activity.


          EXISTING LAW:  


          1)Establishes the CalOES by the Governor's Reorganization Plan  
            No. 2, operative July 1, 2013.


          2)Requires CalOES to perform a variety of duties with respect to  
            specified emergency preparedness, mitigation, and response  
            activities in the state, including emergency medical services.


          3)Specifies that the State Emergency Plan (SEP) shall be in  
            effect in each political subdivision of the state, and the  
            governing body of each political subdivision shall take such  
            action as may be necessary to carry out the provisions  
            thereof.


          4)Requires the Governor to coordinate SEP and those programs  
            necessary to mitigate the effects of an emergency. 


          5)Requires the Governor to coordinate the preparation of plans  
            and programs for the mitigation of the effects of an emergency  
            by the political subdivisions of the State of California, such  
            plans and programs to be integrated into and coordinated with  
            SEP and the plans and programs of the federal government and  








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            of other states to the fullest possible extent.


          6)Specifies that the Governor may, in accordance with SEP,  
            authorize programs for the mitigation of the effects of an  
            emergency, as specified.


          7)Requires CalOES to update SEP, on or before January 1, 2015,  
            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:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, this bill will have  
          negligible state costs.


          COMMENTS:  


          Purpose of the bill:  According to the author, communities that  
          are alert and informed have a large impact on maintaining safety  
          in our nation and are the best defense for preventing terrorist  
          incidents.  We need to make sure that if someone sees something,  
          they say something.  This bill is a step in the right direction  
          for increasing public awareness by requiring CalOES, in their  
          next SEP update, to develop a plan to enhance the public's  
          knowledge about how to identify and report suspicious activity. 


          Background:  In 2009, the California Legislature merged the  
          powers, purposes, and responsibilities of the former OES with  
          those of Office of Homeland Security (OHS) into the newly-  
          created California Emergency Management Agency (Cal EMA).  On  
          July 1, 2013, Governor Edmund G. Brown Jr.'s Reorganization Plan  
          No. 2 eliminated Cal EMA and restored it to the Governor's  
          Office, renaming it the California Governor's Office of  
          Emergency Services (CalOES), and merging it with the Office of  
          Public Safety Communications.  Today, CalOES is responsible for  








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          overseeing and coordinating emergency preparedness, response,  
          recovery and homeland security activities within the state.


          "See Something, Say Something":  In July 2010, the Department of  
          Homeland Security (DHS) started the "If you See Something, Say  
          Something" campaign to raise public awareness of the indicators  
          of terrorism. 


          DHS launched the campaign in conjunction with the United States  
          Department of Justice's Nationwide Suspicious Activity Reporting  
          Initiative (NSI), with the goal of training state and local law  
          enforcement to recognize behaviors and indicators of terrorism  
          and terrorism-related crime.  The NSI standardizes how these  
          observations are documented and analyzed and ensures that  
          reports are shared with the Federal Bureau of Investigation  
          (FBI)-led Joint Terrorism Task Forces for investigation and with  
          state Fusion Centers for analysis.


          According to the DHS website, suspicious activity is any  
          observed behavior that could indicate terrorism or  
          terrorism-related crime.  This includes, but is not limited to:


          1)Unusual items or situations:  A vehicle is parked in an odd  
            location, a package/luggage is unattended, a window/door is  
            open that is usually closed, or other out-of-the-ordinary  
            situations occur.
          2)Eliciting information:  A person questions individuals at a  
            level beyond curiosity about a building's purpose, operations,  
            security procedures and/or personnel, shift changes, etc.


          3)Observation/surveillance:  Someone pays unusual attention to  
            facilities or buildings beyond a casual or professional  
            interest.  This includes extended loitering without  
            explanation (particularly in concealed locations); unusual,  
            repeated, and/or prolonged observation of a building (e.g.,  
            with binoculars or video camera); taking notes or  
            measurements; counting paces; sketching floor plans, etc.








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          Reporting suspicious activity:  A 2012 study by the  
          International Association of Chiefs of Police and 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-e.g., unknown people or cars loitering in their  
          neighborhood or near their workplaces, particularly late at  
          night.  More than one in three survey respondents (36%)  
          described traditional criminal activity, such as someone  
          brandishing a gun or breaking into a car.  Only a small portion  
          (5%) 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.  


          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.


          Analysis Prepared by:                                             
                          Kenton Stanhope / G.O. / (916) 319-2531  FN:  








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          0003785