BILL ANALYSIS Ó
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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