BILL ANALYSIS                                                                                                                                                                                                    




                                                          AB 856  
                                                         Page 1

CONCURRENCE IN SENATE AMENDMENTS
AB 856 (Hertzberg)
As Amended September 12, 1997
2/3 vote.  Appropriation


  ASSEMBLY: 75-0  (May 27, 1997)  SENATE:  36-0  (September 12,  
1997) 

Original Committee Reference:   PUB. S.  

  SUMMARY  :  Establishes a statewide "Witness Protection Program"  
(WPP) to be run by the Attorney General's (AG) office.   
Appropriates $3 million from the Restitution Fund to the AG for  
the purposes of implementing the WPP.  

  The Senate amendments  :  

 1)  Provide that the AG may reimburse local prosecutors for the  
costs of providing witness protection services.

 2)  Appropriate $3 million from the Restitution Fund to the AG  
for the purposes of implementing the WPP.  

 3)  Add Legislative intent in the annual Budget Act that funds be  
appropriated to the AG, as specified.

 4)  Require the Governor's budget to specify the estimated amount  
in the Restitution Fund that is in excess of the amount needed to  
pay claims, administrative costs for increasing restitution funds  
and to maintain a prudent reserve, as specified.  

 5)  Limit the administrative costs of the AG to 5% of all costs  
incurred.

 6)  Provide that the AG shall not be liable for any condition in  
the witness protection agreement that cannot be met because the  
witness commits a crime.  

 7)  Define witnesses, for the purposes of the program, as victims  
because they may be victimized due to the testimony they may give.

 8)  Require the AG to coordinate the efforts of state and local  
agencies to secure witness protection services and then reimburse  
them as specified.

 9)  Give specificity to the guidelines issued by the AG.  

10) Delete mental health counseling, as a reimbursable cost.

11) Require all information relating to any witness participating  
    in the program to remain confidential, as specified.

12)  Require the AG's office to establish a liaison with the U. S.  
Marshal's office and the United States Department of Justice.   








                                                          AB 856  
                                                         Page 2

This bill also directs that the AG, with the Board of Control,  
establish procedures for maximizing federal funds for witness  
protection.  
 
  EXISTING LAW  provides no statutory or funding provisions  
applicable to the WPP.  However, the DOJ is required to initiate  
and participate in the prosecution of individuals involved in  
organized crime activities.  
  AS PASSED BY THE ASSEMBLY  , this bill:

 1) Established the WPP and required 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  
    was credible evidence, as defined, of substantial danger that  
    the witness may suffer intimidation or retaliatory violence.

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

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

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

  FISCAL EFFECT  :  $3 million appropriation from the Restitution Fund  
surplus for 1997-1998 Fiscal Year.  Future appropriations subject  
to budget act.  Surplus is an amount in excess of funds needed to  
pay Board of Control Victim Restitution claims and provide a  
prudent reserve.  Attorney General administrative costs capped at  
5% of appropriation.

  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 where credible  
evidence exists of a substantial danger that a witness may suffer  
intimidation or retaliatory violence.  

    "According to a recent LA Times series, more than a thousand  
    gang killers are walking the streets of LA.  More and more  
    gang killers, responsible for about 40% of LA 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 Federal 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."









                                                          AB 856  
                                                         Page 3

 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  
036664