BILL NUMBER: AB 807 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 21, 2013
An act to amend Section 1202.7 Sections
13010.5, 13012, and 13012.5 of the Penal Code, relating to
probation. criminal justice statistics.
LEGISLATIVE COUNSEL'S DIGEST
AB 807, as amended, Ammiano. Probation services.
Criminal justice statistics.
Existing law requires the Department of Justice to collect
specified criminal justice information from local law enforcement
agencies, to tabulate, analyze, and interpret the collected data, and
to prepare an annual report presenting the criminal justice
statistics for the previous year.
This bill would require the Department of Justice to include in
the annual report additional statistical information relating to
complaints received by law enforcement agencies, as specified, and
criminal convictions of peace officers. The bill would also make
technical, nonsubstantive changes.
Existing law makes specified findings relating to the provision of
probation services, including the primary considerations in the
granting of probation.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13010.5 of the Penal
Code is amended to read:
13010.5. The department shall collect data pertaining to the
juvenile justice system for criminal history and statistical
purposes. This information shall serve to assist the department in
complying with the reporting requirement of subdivisions (c)
and (d) paragraphs (3) and (4) of subdivision (a)
of Section 13012, measuring the extent of juvenile delinquency,
determining the need for and effectiveness of relevant legislation,
and identifying long-term trends in juvenile delinquency. Any data
collected pursuant to this section may include criminal history
information which may be used by the department to comply with the
requirements of Section 602.5 of the Welfare and Institutions Code.
SEC. 2. Section 13012 of the Penal Code
is amended to read:
13012. (a) The annual report of the
department provided for in Section 13010 shall contain statistics
showing all of the following:
(a)
( 1) The amount and the types of offenses
known to the public authorities.
(b)
( 2) The personal and social characteristics
of criminals and delinquents.
(c)
( 3) 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)
( 4) 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.
(e) The number of citizens' complaints received by law enforcement
agencies under Section 832.5. These statistics shall indicate the
total number of these complaints, the number alleging criminal
conduct of either a felony or misdemeanor, and the number sustained
in each category. The report shall not contain a reference to any
individual agency but shall be by gross numbers only.
(5) (A) The total number of each of the following:
(i) Citizen's complaints received by law enforcement agencies
under Section 832.5.
(ii) Complaints received by law enforcement agencies against the
personnel of a department or agency that employs peace officers that
are made by that personnel's supervisor or by the personnel of
another department or agency that employs peace officers.
(iii) Complaints received by law enforcement agencies against the
personnel of a department or agency that employs peace officers in
which the identity of the complainant is unknown.
(B) The department shall categorize each complaint into one of the
categories identified in clauses (i) to (ix), inclusive, and report
the number of complaints received by law enforcement agencies within
each of those categories.
(i) "Excessive force," which means a complaint regarding the use
or threatened use of excessive force against a person.
(ii) "Improper arrest," which means a complaint that the restraint
of a person's liberty was improper or unjust, or violated the person'
s civil liberties.
(iii) "Improper entry," which means a complaint that the entry
into a building or onto property was improper or that excessive force
was used against property to gain entrance into a building or onto
property.
(iv) "Improper search," which means a complaint that the search of
a person or property was improper.
(v) "Other criminal violation," which means a complaint regarding
the commission of an illegal act not otherwise specified.
(vi) "Differential treatment," which means a complaint that the
taking, failure to take, or method of police action was predicated
upon irrelevant factors, including, but not limited to, race,
appearance, age, or sex.
(vii) "Demeanor," which means a complaint that the personnel's
bearing, gestures, language, or other characteristics or actions were
inappropriate.
(viii) "Other rule violation," which means a complaint for conduct
that violates agency rules, but that is not encompassed in a
category specified in clauses (i) to (vii), inclusive.
(C) The statistics required to be reported pursuant to this
paragraph shall indicate, within each category of complaint
identified in subparagraph (B), the number of complaints within each
of the following disposition categories:
(i) "Sustained," which means that the investigation disclosed
sufficient evidence to prove the truth of the allegation in the
complaint by a preponderance of the evidence.
(ii) "Exonerated," which means that the investigation clearly
established that the actions of the personnel that formed the basis
of the complaint are not a violation of law or agency policy.
(iii) "Not sustained," which means that the investigation failed
to disclose sufficient evidence to clearly prove or disprove the
allegation in the complaint.
(iv) "Unfounded," which means that the investigation clearly
established that the allegation is not true.
(D) The statistics required to be reported pursuant to this
paragraph shall be reported for each individual law enforcement
agency.
(6) The total number of felony and misdemeanor convictions
incurred by peace officers for conduct occurring either on- or
off-duty.
It
(b) It shall be the duty of the
department to give adequate interpretation of the statistics and so
to present the information that it may be of value in guiding the
policies of the Legislature and of those in charge of the
apprehension, prosecution, and treatment of the criminals and
delinquents, or concerned with the prevention of crime and
delinquency. The report shall also include statistics which are
comparable with national uniform criminal statistics published by
federal bureaus or departments heretofore mentioned.
SEC. 3. Section 13012.5 of the Penal
Code is amended to read:
13012.5. (a) The annual report published by the department under
Section 13010 shall, in regard to the contents required by
subdivision (d) of Section 13012, include the following statewide
information:
(1) The annual number of fitness hearings held in the juvenile
courts under Section 707 of the Welfare and Institutions Code, and
the outcomes of those hearings including orders to remand to adult
criminal court, cross-referenced with information about the age,
gender, ethnicity, and offense of the minors whose cases are the
subject of those fitness hearings.
(2) The annual number of minors whose cases are filed directly in
adult criminal court under Sections 602.5 and 707 of the Welfare and
Institutions Code, cross-referenced with information about the age,
gender, ethnicity, and offense of the minors whose cases are filed
directly to the adult criminal court.
(3) The outcomes of cases involving minors who are prosecuted in
adult criminal courts, regardless of how adult court jurisdiction was
initiated, including whether the minor was acquitted or convicted,
or whether the case was dismissed and returned to juvenile court,
including sentencing outcomes, cross-referenced with the age, gender,
ethnicity, and offense of the minors subject to these court actions.
(b) The department's annual report published under Section 13010
shall include the information described in subdivision (d)
paragraph (4) of subdivision (a) of Section
13012, as further delineated by this section, beginning with the
report due on July 1, 2003, for the preceding calendar year.
SECTION 1. Section 1202.7 of the Penal Code is
amended to read:
1202.7. (a) The Legislature finds and declares that the provision
of probation services is an essential element in the administration
of criminal justice.
(b) The primary considerations in the granting of probation shall
be the safety of the public, which shall be a primary goal through
the enforcement of court-ordered conditions of probation; the nature
of the offense; the interests of justice, including punishment,
reintegration of the offender into the community, and enforcement of
conditions of probation; the loss to the victim; and the needs of the
defendant.
(c) It is the intent of the Legislature that efforts be made to
engage in treatment persons who are subject to Section 290.011 and
who are on probation.