BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 856  
                                                         Page 1

ASSEMBLY THIRD READING
AB 856 (Hertzberg)
As Amended May 15, 1997
2/3 vote.  Appropriation

  PUBLIC SAFETY        8-0         APPROPRIATIONS    20-1           

Ayes: Hertzberg, Goldsmith, Bowler,Ayes:Migden, Poochigian,  
Ackerman,
      House, Murray, Napolitano,       Aguiar, Baca, Bordonaro,
      Perata, Washington               Brewer, Cardenas, Granlund,  

                                       Kuehl, Machado, Olberg,  
Papan,
                                       Perata, Shelley, Sweeney,
                                       Thompson, Thomson,  
Hertzberg,
                                       Washington

                                 Nays:  Martinez

  SUMMARY  :  Establishes a statewide "Witness Protection Program"  
(WPP) to be run by the Attorney General's (AG) office.   
Specifically,  this bill  :

1) Establishes the WPP and requires that the program be  
   administered by the AG to provide for the relocation or other  
   protection of a witness in a criminal proceeding where there is  
   credible evidence, as defined, of substantial danger that the  
   witness may suffer intimidation or retaliatory violence.

2) Authorizes the AG to enter into an agreement with the witness  
   in accordance with specified terms.

3) Allocates $149,000 from the General Fund (GF) to the AG to  
   implement the WPP.

4) Requires the AG to make an annual report to the Legislature on  
   the fiscal and operational status of the WPP.

  EXISTING LAW  provides no statutory or funding provisions  
applicable to the WPP.  However, the Department of Justice (DOJ)  
is required to initiate and participate in the prosecution of  
individuals involved in organized crime activities.  
  FISCAL EFFECT  :  According to the Assembly Appropriations Committee  
analysis, appropriates $149,000 from the GF to the AG for the  
purposes of this act.

  COMMENTS  :  

1)  According to the author, "AB 856 establishes a program  
administered by the AG to provide relocation and other protection  
services to witnesses in criminal proceedings when there is  
credible evidence that there is a substantial danger of  
retaliatory violence or oppression may be directed toward the  
witness.  







                                                          AB 856  
                                                         Page 2


   "According to a recent Los Angeles Times series, more than a  
   thousand gang killers are walking the streets of Los Angeles.   
   More and more gang killers, responsible for about 40% of Los  
   Angeles County's murders remain free.  Witness intimidation  
   helps keep them on the streets.  Witnesses 
have been killed and many more threatened.  Incidents of witness  
intimidation occur frequently enough to frighten potential  
witnesses from cooperating with prosecutors.  Gang cases are the  
hardest to solve.   

   "The United States DOJ has found that prosecutors, police  
   officers, judges and victim advocates agree that witness  
   intimidation is widespread, increasing and having a serious  
   impact on the prosecution of crimes across the entire country.   
   Given these circumstances, a witness protection plan must be  
   enacted."

2) Please see the policy committee analysis for a more  
   comprehensive discussion of this bill.

  Analysis prepared by  :  Judith M. Garvey / apubs / (916) 445-3268


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