BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1075|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 1075
Author: Runner (R) and Anderson (R)
Amended: 4/14/16
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/5/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
SUBJECT: Department of Justice: crime statistics reporting
SOURCE: Author
DIGEST: This bill requires the Department of Justice to include
disaggregated information on child molestation crimes in its
annual statewide criminal statistics report, as specified.
ANALYSIS: Existing law requires the Department of Justice (DOJ)
to publish an annual report containing statewide statistical
information pertaining to crime, as specified. (Penal Code §§
13010 et seq.)
This bill:
1) Requires DOJ to include in this annual report "statistics on
child molestation in the same format and within the same
tables that report on the number, rate per 100,000 population,
and percentage change in other violent crimes, including
SB 1075
Page 2
rape," which is within tables 1 and 2 of the report.
2) Provides that for purposes of this provision, child
molestation shall include the combined total of offenses
defined in subdivisions (a) and (b) of Section 288 and Section
288.5.
Background
As the author notes, DOJ prepares an annual report entitled
Crime in California. Its most recent available report, Crime in
California 2014, explains:
Crime in California, 2014 presents an overview of the
criminal justice system in California. Current year
statistics are presented for reported crimes, arrests,
dispositions of adult felony arrests, adult probation,
criminal justice personnel, citizens' complaints against
peace officers, domestic violence-related calls for
assistance, and law enforcement officers killed or
assaulted. In addition, statistics for preceding years
are provided for historical context.
This bill requires the DOJ to include disaggregated child
molestation statistics in the Crime in California Report
prepared annually by the Department. The bill provides that the
number of child molestation offenses and the rate of offense per
100,000 California residents be reported in the same manner
employed to report crimes of rape. This bill defines child
molest to include violations of subdivisions (a) and (b) of
Penal Code Section 288 (lewd or lascivious acts upon a child
under the age of 14) or Penal Code Section 288.5 (continuous
sexual abuse of a child).
It appears that the report currently contains some information
on the offenses targeted by this bill under the characterization
of "lewd or lascivious," although for purposes of the report
that definition includes a broader array of sections
(specifically, Penal Code Sections 220, 266j, 288(a), 288(b)(1),
288(b)(2), 288(c)(1), 288(c)(2), and 288.5(a).) For example,
the 2014 report indicates that between 2009 and 2014, adult
felony arrests for lewd and lascivious crimes decreased 20.9
percent, and increased 3 percent between 2013 and 2014. (See
page 26 of the report.) In addition, the report appears to
SB 1075
Page 3
include a breakdown of the age of the offender for this category
of offenses (See page 40 of the 2014 report). This bill
requires that this category of offenses be broken down to
specifically identify two child molestation crimes.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, one-time costs
that are potentially in excess of $100,000 (General Fund) to the
DOJ to make the necessary automation changes to enable reporting
of the specified crimes in its annual report. Minor and
absorbable ongoing costs.
SUPPORT: (Verified5/27/16)
None received
OPPOSITION: (Verified5/27/16)
California Police Chiefs Association Inc.
ARGUMENTS IN SUPPORT: A note from the author states in
part: "Much of the focus of policymakers and the public is the
protection of the most vulnerable, California's children.
Despite this focus little attention is paid to the incidence of
child molest compared to rape. A recent summary of inmate
commitment offenses reveals that 3,077 California state
prisoners have been sentenced for commission of rape. By
comparison 9,363 inmates (more than three times as many) were
committed for molesting a child. Perhaps it is time that crimes
of child molest receive the same level of scrutiny as rape,
robbery and vehicle theft."
ARGUMENTS IN OPPOSITION: A letter from the California Police
Chiefs Association, Inc. states in part: "SB 1075 would create
SB 1075
Page 4
an additional data point to be collected at the state-level that
is not required at the federal level. In doing so, SB 1075 will
require local agencies to create two crime data reports- one for
the California DOJ and one for the United States DOJ.
Furthermore, the United States DOJ is transitioning all states
to the national Incident-Based Reporting System (NIBRS) which
provides a more thorough account of crime in a state. Like UCR,
NIBRS does not require the reporting of child molestation cases.
Thus, at the time of NIBRS implementation in California, law
enforcement agencies will still be required to submit to
reports- one to the California DOJ and one to the United States
DOJ should SB 1075 become law.
Prepared by:Molly Lao / PUB. S. /
5/28/16 16:45:59
**** END ***