BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2524|
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THIRD READING
Bill No: AB 2524
Author: Irwin (D), et al.
Amended: 8/16/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/28/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 78-0, 6/2/16 - See last page for vote
SUBJECT: OpenJustice Data Act of 2016
SOURCE: California Attorney General Kamala Harris
DIGEST: This bill requires the Department of Justice (DOJ) to
make available to the public its mandatory criminal justice
statistics reports through the OpenJustice Web portal, to be
updated annually. This bill states the intent of the Legislature
that following full implementation of incident-based crime
reporting, the DOJ will work to transition to exclusively
electronic crime data collection and evaluate the potential for
criminal justice statistical data to be updated on the
OpenJustice Web portal at a frequency greater than once per
year.
ANALYSIS:
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Page 2
Existing law:
1) Requires DOJ to annually interpret and present crime
statistics, required to be reported by law enforcement and
other agencies and information, to the Governor. (Penal
Code, §§ 13010, subd. (g), 13020.)
2) Requires DOJ to interpret and present statistics and
information to the Legislature and to those in charge or
concerned with of the apprehension, prosecution, and
treatment of the criminals and delinquents. (Penal Code, §
13012(b).)
3) Allows the Attorney General to issue special reports on
crime statistics. (Penal Code, § 13010, subd. (g).)
4) Requires the Racial and Identity Profiling Board to annually
analyze and report to the Attorney General statistics
collected from law enforcement agencies regarding citizen
complaints. (Penal Code, § 13012, subds.(a) and (c).)
5) Requires the Attorney General to make available a sufficient
number of copies of both the required annual report on crime
statistics and any special reports. (Pen. Code, § 13010,
subd. (g).)
6) Requires DOJ to prepare and distribute to any person or
agency required to submit crime statistics the cards, forms,
or electronic means used in reporting data to the department.
The cards, forms, or electronic means may, in addition to
other items, include items of information needed by federal
bureaus or departments engaged in the development of national
and uniform criminal statistics. (Penal Code, § 13010, subd.
(b).)
7) Requires DOJ to periodically review the requirements of
units of government using criminal justice statistics, and to
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make recommendations for changes it deems necessary in the
design of criminal justice statistics systems, including new
techniques of collection and processing made possible by
automation. (Penal Code, § 13010, subd. (h).)
8) Requires DOJ, beginning January 1, 2017, to issue an annual
summary of incidents reported by law enforcement including:
a) The shooting of a civilian by a peace officer;
b) The shooting of a peace officer by a civilian;
c) The use of force by a peace officer against a civilian
that results in serious bodily injury or death; and
d) The use of force by a civilian against a peace officer
that results in serious bodily injury or death; (Gov.
Code, § 12525.2, subds. (a) and (c).)
9) Requires DOJ's annual summary of shootings of and by peace
officers, and of use of force by or against peace officers,
to include the number and demographics of those involved, if
the civilian was armed, the type of force used, and a
description of the incident, as provided. (Gov. Code, §
12525.2, subds. (a), (b) and (c).)
10)Requires DOJ to collect data pertaining to the juvenile
justice system for criminal history and statistical purposes,
including all of the following:
a) The amount and the types of offenses known to the
public authorities;
b) The personal and social characteristics of criminals
and delinquents;
c) The administrative actions taken by law enforcement,
judicial, penal, and correctional agencies or
institutions, including those in the juvenile justice
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system, in dealing with criminals or delinquents;
d) The administrative actions taken by law enforcement,
prosecutorial, judicial, penal, and correctional agencies
including those in the juvenile justice system, in dealing
with minors who are the subject of a petition or hearing
in the juvenile court to transfer their case to the
jurisdiction of an adult criminal court or whose cases are
directly filed or otherwise initiated in an adult criminal
court; and
e) The total number of each of the following,
disaggregated by individual law enforcement agency,
including whether the disposition of the complaints was
sustained, not sustained, exonerated or unfounded, as
defined:
i) Citizen complaints received by law enforcement
agencies;
ii) Citizen complaints alleging criminal conduct of
either a felony or misdemeanor; and
iii) Citizen complaints alleging racial or identity
profiling, as defined. These statistics shall be
disaggregated by the specific type of racial or identity
profiling alleged, such as based on a consideration of
race, color, ethnicity, national origin, religion,
gender identity or expression, sexual orientation, or
mental or physical disability. (Penal Code, §§ 832.5,
13012(a), 13519.4.)
11)Requires the annual report published by DOJ to include
information concerning arrests for identity theft. (Penal
Code, §§ 530.5, 13010, 13012.6.)
12)Requires DOJ to maintain a data set, updated annually, that
contains the number of crimes reported, number of clearances
and clearance rates in California as reported by individual
law enforcement agencies for required-to-be-reported crimes.
The data set shall be made available through a prominently
displayed hypertext link on the Department's Internet Web
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site or through the Department's OpenJustice data portal.
(Penal Code, §§ 13012, 13013.)
13)Requires DOJ to perform the following duties concerning the
investigation and prosecution of homicide cases:
a) Collect information on all persons who are the victims
of, and all persons who are charged with, homicide;
b) Adopt and distribute as a written form or by
electronic means to all state and governmental entities
that are responsible for the investigation and prosecution
of homicide cases forms that will include information to
be provided to the Department; and
c) Compile, collate, index, and maintain an electronic
file of the information regarding victims of and those
charged with homicide into a report available to the
public. (Penal Code, §13014.)
14)Requires local law enforcement agencies to report to DOJ, in
a manner prescribed by the Attorney General, any information
that may be required relative to hate crimes so that the
Department can report, on or before July 1 of each year, the
Department's analysis to the Legislature. (Pen. Code, §§
422.55, 13023.)
This bill:
1) Eliminates DOJ's requirement to annually present a report on
criminal justice statistics to the Governor and the
Legislature, but requires that a downloadable summary of this
information shall be annually prepared so that the Attorney
General may send a copy to the Governor and other entities.
2) Specifies that the provisions of this bill shall not be
construed to require more frequent reporting by local
agencies than what is required by any other law.
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3) Requires DOJ to add prosecutorial administrative actions to
its criminal justice statistics collection and summaries.
4) States that the intent of the Legislature, following the
full implementation of incident-based crime reporting, is for
DOJ to transition to exclusively electronic crime data
collection and to evaluate the potential for criminal justice
statistical data to be updated on the OpenJustice Web portal
more than once per year.
5) Requires DOJ to evaluate and report, on an annual basis, the
progress of California's transition from summary crime
reporting to incident-based crime reporting, in alignment
with the federal National Incident-Based Reporting System,
and report its findings to the Legislature annually through
2019.
6) Provides that local and state agencies that are unable to
meet this implementation deadline and that have committed to
transitioning to incident-based crime reporting shall
collaborate with DOJ to develop a transition plan with a
timeline for the transition.
7) Provides that local and state agencies that are unable to
meet this implementation deadline and that have committed to
transitioning to incident-based crime reporting shall
collaborate with DOJ to develop a transition plan with a
timeline for the transition.
8) States that, commencing January 1, 2021, it shall be the
duty of DOJ to accept the collection of crime data from local
and state crime reporting agencies only through electronic
means.
9) Requires, commencing January 1, 2021, local and state crime
reporting agencies to submit crime data to DOJ only through
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electronic means.
10)States that, on or before January 1, 2022, it shall be the
duty of DOJ to ensure that the statistical systems of DOJ are
electronic, allowing for criminal justice statistical data to
be updated more frequently than annually on the OpenJustice
Web portal.
Background
Various provisions of the Government and Penal Codes require DOJ
to collect, analyze, and report on criminal justice statistics.
Each individual law enforcement agency must report criminal
justice statistics to DOJ so that the agency can both aggregate
the data to present a statewide overview and to present data on
each individual law enforcement agency. Currently, the agency's
statistics may be submitted by paper forms and cards. The
statistics which agencies are required to report include:
officer involved incidents with the demographics of the
individuals involved and a description of the incident, case
clearance rates, juvenile delinquency, the disposition of
civilian complaints, the demographics of victims and individuals
charged in homicides, the incidents and demographics targeted by
hate crimes, the incidents and demographics of "stop and frisk"
detentions, the incidents and demographics of potential
profiling incidents, and other data leading to the apprehension,
prosecution, and treatment of the criminals and delinquents.
Separate provisions require DOJ to prepare a summary of these
criminal justice statistics every year in reports, mainly the
Crime in California report, to the Governor and the Legislature,
and otherwise make the data and reports available to the public.
This bill requires DOJ to post the raw statistics and their
summaries annually on the OpenJustice Web portal annually, which
is easily accessible by the Governor, the Legislature and the
public.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
OpenJustice Web portal: Potential minor to significant costs
(General Fund) to the DOJ for programming and staffing for
annual reporting through its OpenJustice Web portal.
Law enforcement agency data reporting: Potentially major
one-time and ongoing future cost pressure (Local Funds/General
Fund/Federal Funds) to state and local law enforcement
agencies potentially in excess of millions of dollars
statewide to report data solely through electronic means and
to transition data from summary to incident-based crime
reporting. To the extent federal funds (Federal Funds) are
provided as an incentive to agencies to transition to
electronic incident-based reporting, a portion of future costs
could be defrayed.
SUPPORT: (Verified8/12/16)
California Attorney General Kamala Harris (source)
Anti-Defamation League
Socrata
OPPOSITION: (Verified8/12/16)
None received
ASSEMBLY FLOOR: 78-0, 6/2/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,
Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,
Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
AB 2524
Page 9
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Bigelow, Gallagher
Prepared by:Molly Lao / PUB. S. /
8/16/16 17:33:36
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