BILL NUMBER: AB 807 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 21, 2013
An act to amend Sections 13010.5, 13012, and 13012.5 of the Penal
Code, relating to criminal justice statistics.
LEGISLATIVE COUNSEL'S DIGEST
AB 807, as amended, Ammiano. 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.
Vote: majority. Appropriation: no. Fiscal committee: 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 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:
(1) The amount and the types of offenses known to the public
authorities.
(2) The personal and social characteristics of criminals and
delinquents.
(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.
(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.
(5) (A) The total number of each of the following:
(i) Citizen's Citizens' 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)
(viii) , 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.
(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 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.