BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2524


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2524 (Irwin)


          As Amended  August 16, 2016


          Majority vote


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          |ASSEMBLY:  |78-0  |(June 2, 2016) |SENATE: |39-0  |(August 24,      |
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          Original Committee Reference:  PUB. S.


          SUMMARY:  Requires the Department of Justice (DOJ) make  
          available to the public its mandatory criminal justice  
          statistics reports through the OpenJustice Web Portal, to be  
          updated at least yearly, and makes conforming changes to  
          existing provisions related to criminal statistics.


          The Senate amendments:


          1)Delete the intent of the Legislature that on or before January  
            1, 2022, DOJ's statistical systems shall be electronic, and  
            instead provide that it is the intent of the Legislature that  
            following full implementation of incident-based crime  
            reporting, DOJ 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.








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          2)Require the criminal justice statistics reports available on  
            the OpenJustice Web Portal to be updated at least once per  
            year, instead of quarterly.


          3)Delete specified deadlines in the bill and instead provide  
            that DOJ shall evaluate, 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.


          4)Make other conforming changes.


          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.  


          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.  


          3)Allows the Attorney General to issue special reports on crime  
            statistics.  


          4)Requires the Racial and Identity Profiling Board (RIPA) to  
            annually analyze and report to the Attorney General statistics  
            collected from law enforcement agencies regarding citizen  
            complaints.  










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          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.  


          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.  


          7)Requires DOJ to periodically review the requirements of units  
            of government using criminal justice statistics, and to 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.  


          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; 


          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  








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            of the incident, as provided.   
          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 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  








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                 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.  


          11)Requires the annual report published by DOJ to include  
            information concerning arrests for identity theft.  
          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 site  
            or through the Department's OpenJustice data portal.  


          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.  


          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.  









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          AS PASSED BY THE ASSEMBLY, this bill:    
          1)Eliminated 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)Specified 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.


          3)Required DOJ to add prosecutorial administrative actions to  
            its criminal justice statistics collection and summaries


          4)Stated that, on or before January 1, 2021, it shall be the  
            duty of DOJ to transition all of California's crime data from  
            summary crime reporting to incident-based crime reporting,  
            through electronic means, in alignment with the federal  
            National Incident-Based Reporting System.


          5)Required DOJ to evaluate, on an annual basis, the probability  
            of meeting the January 1, 2021, implementation deadline and  
            report its findings to the Legislature annually through 2019.


          6)Provided 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)Stated 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.










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          8)Required, commencing January 1, 2021, local and state crime  
            reporting agencies to submit crime data to DOJ only through  
            electronic means.


          9)Stated 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.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)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. 


          2)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.


          COMMENTS:  According to the author, "AB 2524 will modernize  
          California's collection and publication of criminal justice  
          data.  The OpenJustice Data Act builds upon Attorney General  
          Kamala Harris' open data initiative to improve and empower the  
          public's access to local and statewide crime statistics.


          "AB 2524 will reinvent Crime in California and other annual  
          reports published by the California DOJ as digital data sets  








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          within the Attorney General's OpenJustice Web portal.  These  
          reports provide statistical summaries including numbers of  
          arrests, complaints against peace officers, hate crime offenses,  
          and law enforcement officers killed or assaulted; however, the  
          static nature of these print publications means that data often  
          lacks context.  The OpenJustice Web portal will alchemize this  
          information with interactive, accessible visualization tools,  
          while making raw data available for public interest researchers.


          "Additionally, AB 2524 will bring the state's data collection  
          into the 21st century by requiring local law enforcement  
          agencies to submit all currently required statistical reports  
          digitally.  Despite the fact that electronic reporting provides  
          for more accurate and efficient data submission, as many as 60%  
          of local agencies still submit required data to the California  
          DOJ on paper.  The OpenJustice Data Act will direct all agencies  
          to transition into digital reporting, which will allow for more  
          frequent updates to statistics contained within the Web portal.


          "DOJ first launched the OpenJustice initiative in 2015 as a  
          mechanism for improving community trust in law enforcement,  
          enhancing government accountability, and informing public  
          policy.  In early 2016 the Attorney General announced the  
          release of OpenJustice 1.1, which enriched the Web portal's  
          initial data sets with city, county, and state level context  
          including population and demographic information, unemployment  
          rates, poverty rates, and educational attainment levels.  In  
          addition to providing greater transparency, this information  
          enables policymakers to craft informed, data-driven public  
          policy."


          Please see the policy committee analysis for a full discussion  
                          of this bill.


          Analysis Prepared by:                                             
                          Stella Choe / PUB. S. / (916) 319-3744  FN:  
          0004430









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