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 FN 031742