Under existing law, when if a person dies while in the custody of a law enforcement agency or while in custody in a local or state correctional facility, the law enforcement agency or the agency in charge of the correctional facility is required to report in writing to the Attorney General, within 10 days after the death, all facts in the possession of the agency concerning the death. Existing law generally provides that those writings are public records under the California Public Records Act, and are open to public inspection pursuant to that act.

This bill would specify, for the purposes described above, that custody includes, but is not limited to, any point in time when a persons freedom of movement is curtailed or limited by a peace officer, or when a person is led to believe, as a reasonable person, that he or she is so deprived of the freedom to move, such as during a stop, a stop and frisk, an interrogation, an arrest, transport prior to booking, or correctional confinement. Beginning January 1, 2018, the bill would require each state and local agency that employs a peace officer to annually report to the Attorney General data on the use of force by that agencys sworn personnel. The bill would provide that use of force includes, among other things, a use of force that results in, or contributes to, the medical treatment or hospitalization of a person. The bill would require the use of force reports and the death in custody reports described above to include specified information, including, among other things, the time, date, and location of the use of force or death. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

This bill would additionally require the Attorney General to annually provide to the Legislature issue a report summarizing the writings received pursuant to the provisions described above. The bill would also require the Attorney General to make those reports available to the public by posting those reports on the Department of Justices Internet Web site. site, as specified.

Under existing law, when a person dies while in the custody of a law enforcement agency or while in custody in a local or state correctional facility, the law enforcement agency or the agency in charge of the correctional facility is required to report in writing to the Attorney General, within 10 days after the death, all facts in the possession of the agency concerning the death. Existing law generally provides that those writings are public records under the California Public Records Act, and are open to public inspection pursuant to that act.

This bill would additionally require the Attorney General to annually provide to the Legislature a report summarizing the writings received pursuant to the provisions described above. The bill would also require the Attorney General to make those reports available to the public by posting those reports on the Department of Justices Internet Web site.

Date of Hearing: May 13, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 619

Author:(Weber) – As Amended Ver:April 15, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill, for purposes of reporting the death of person under custody of any law enforcement agency, redefines "custody" to include any point in time when a person's freedom of movement is curtailed. Also, beginning January 1, 2018, this bill requires law enforcement agencies to report incidents of use of force, as defined, to the Attorney General (AG), and to report specific information regarding deaths in custody and use of force incidents. The bill requires the AG to issue and post an annual a report containing this information.

FISCAL EFFECT:

1. Significant reimbursable state mandated costs (GF) in the hundreds of thousands of dollars for local law enforcement agencies to report the additional specified data elements for the expanded death in "custody" and "use of force" incidents.

2. Significant costs to the California Department of Corrections and Rehabilitation (CDCR) in the range of $3.3 million (GF) to hire a staff person at each facility to report the additional information on use of force incidents. CDCR notes that "perceived" information may be difficult to note when several officers are focused on securing a dangerous situation that merits the use of force, including batons and pepper spray.

3. Significant costs (GF) to the Department of Justice (DOJ) to collect and report the expanded data points on deaths in custody and use of force incidents.

4. Unknown minor special fund costs to CHP to provide additional information to the reports they already submit on deaths in custody and use of force. [Motor Vehicle Account].

COMMENTS:

1. Purpose. According to the author, "Peace officers risk their lives daily, and the people of California greatly appreciate their hard work and dedication to public safety. Recently, the President’s Task Force on 21st Century Policing, FBI Director James Comey, state Attorney General Kamala Harris, and the people of California have all expressed a significant interest in strengthening police-community relationships through adopting evidenced-based approaches to public safety. In furtherance of this goal, AB 619 would enhance transparency by ensuring that death in custody and law enforcement use of force data is regularly made available to the public."

The purpose of this bill is to address the deficiency of data on police use of force and to enhance transparency by ensuring that the data is made available to the public.

2. Background. Current law requires in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility report in writing to the AG, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death.

Current law also requires each sheriff and chief of police to annually furnish the DOJ, in the manner prescribed by the Attorney General, a report of all justifiable homicides committed in his or her jurisdiction.

DOJ is statutorily required to collect and maintain data and develop statistical reports related to crime and the criminal justice process in California. Local agencies are also statutorily required to maintain statistical data and provide those to DOJ. Arrest information from local agencies must also be provided to DOJ in order to maintain its arrest and citation database. This database contains information including name, race/ethnicity, date of birth, sex, date of arrest, offense level, offense type, status of the offense, and law enforcement disposition. Using statistical data from local jurisdictions, DOJ publishes an annual report on crime, as well as other reports as required by statute.

This bill requires local law enforcement agencies to report to DOJ incidents of use of force by its officers. Use of force refers to any use of force resulting in or contributing to medical treatment or hospitalization, or when certain weapons are used such as a firearm or baton. The bill also requires specified information to be reported about the person upon whom use of force was used, such as the perceived characteristics of the person, the setting in which the force was used, the type of force used, and the type of injury sustained. This bill also applies these reporting requirements to the current duty of law enforcement agency to report deaths in custody.

3. Argument in Support: According to the Youth Justice Coalition, a co-sponsor of this bill, "In response to the apparent increase in law enforcement use of force, we sought data on the number of people killed by law enforcement and was shocked to find that local law enforcement agencies either didn't keep accurate data, or didn't release it regularly to the public. We pulled together homicide data from the Coroner's Office and combined it with the experiences of victims' families in order to issue a report on use of force in Los Angeles County. The data revealed that LA County leads the nation on officer-involved homicides; at least 618 people have been killed since 2000.
   
   "AB 619 will expand the current death in custody reporting requirement to include use of force that results in serious bodily injury. It would also ensure that the public has regular access to important facts concerning law enforcement use of force practices."
   
   

4. Related Legislation:
   
   

   1. AB 71 (Rodriguez), currently in the Committee's Suspense file, requires local law enforcement agencies to annually furnish a report to DOJ of all instances when a peace officer is involved in shootings that occur in his or her jurisdiction, where an individual or a peace officer is injured or killed and requires DOJ to include a summary of the information received in its annual crime report.
      
      

   2. AB 86 (McCarty), also on today's agenda, requires DOJ to conduct an independent investigation if a peace officer, in the performance of his or her duties, uses deadly physical force upon another person and that person dies as a result of the use of that deadly force, and would require DOJ to prepare and submit a written report setting forth specified information and recommendations.

3. AB 953 (Weber), pending a hearing in this Committee, established RIPA to eliminate racial and identity profiling and improve diversity and racial sensitivity in law enforcement.

4. SB 227 (Mitchell), on Senate Floor, prohibits the use of a grand jury in cases of officer-involved shootings or in cases where excessive force used by an officer results in the death of a suspect.

Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081

Date of Hearing: April 21, 2015

Counsel: Stella Choe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 619

Author:(Weber) – As Amended Ver:April 15, 2015

SUMMARY:

Requires law enforcement agencies to report use of force incidents to the Attorney General (AG) and requires the AG to annually issue a report containing this information. Specifically, this bill:

1. Requires, beginning January 1, 2018, each state and local agency that employs a peace officer to annually report to the AG data on the use of force by that agency's sworn personnel.
   
   

2. Provides that the uses of force to be reported include any use of force resulting in or contributing to medical treatment or hospitalization of a person, and any of the following types of force:
   
   

   1. The discharge of a firearm at a person;
      
      

   2. Use of an electronic control or conducted energy device on a person;
      
      

   3. A strike by a baton or other instrument; and,
      
      

   4. Any strike to a person's head, neck, or chest.
      
      

3. Requires each report made pursuant to the above provisions to include, at minimum, the following information:
   
   

   1. The time, date, and location of the use of force or death;
      
      
      

   2. The setting in which the use of force occurred, including, but not limited to, a traffic stop, pedestrian stop, or in a correctional facility or other correctional setting;

3. The characteristics of each peace officer involved in the use of force or death, including, but not limited to, each officer’s race, ethnicity, gender, age, assignment, division or station, shift, and whether the officer was in uniform;
   
   

4. A description of any person upon whom a use of force was applied, or of the person who died. A description of a person upon whom a use of force was applied shall be based on the observation and perception of the peace officer who used force, and the information shall not be requested from the person upon whom force was used, unless otherwise required by law. The description shall include, but not be limited to the following:
   
   

   1. The race, ethnicity, and age of the person;
      
      

   2. The sexuality and religion of the person, if any is perceived;
      
      

   3. Whether the person had limited English proficiency;
      
      

   4. Whether the person had any perceived mental or physical disability, or preexisting injury or medical condition;
      
      

   5. Whether mental health personnel were called to the scene of the use of force or death, and whether the personnel were called before or after the use of force or death occurred;
      
      

   6. Whether the person was homeless; and,
      
      

   7. Whether the person was perceived to be under the influence of alcohol or narcotics;
      
      

5. Whether the officer previously stopped the person upon whom force was applied prior to the incident;
   
   

6. Whether the person was armed, and if so, with what type of weapon; and,
   
   

7. Details, if applicable, concerning the force used by the officer, including but not limited to:
   
   

   1. The type of force used;
      
      

   2. Any injuries sustained by the person; and,
      
      

   3. The length of time between when force was used and when the person received medical treatment.
      
      

1. Applies the reporting requirements in this bill to the current provision of law that requires law enforcement agencies to report to the AG deaths of persons while in custody.
   
   

2. Provides that "custody" for purposes of the above provision includes, but is not limited to, any point in time when a person's freedom of movement is curtailed or limited by a peace officer, or when a person is led to believe, as a reasonable person, that he or she is so deprived of the freedom to move, such as during a stop, a stop and frisk, an interrogation, an arrest, transport prior to booking, or correctional confinement.
   
   

3. Specifies that the writings described in the provisions above are public records within the meaning of the California Public Records Act.
   
   

4. States that the AG shall annually issue a report that summarizes the information collected pursuant to the provisions of this bill. The report shall list the statewide total number separately from the disaggregated total number for each of the data collection criteria specified for each agency that submits a report.
   
   

5. Directs the AG to make the reports available to the public by posting those reports in their entirety on the Department of Justice's (DOJ) Internet Web site. The first reports shall be posted no later than July 1, 2018. The reports shall remain posted on DOJ's Internet Web site in order to be available to the public in an ongoing, continuous manner.
   
   

EXISTING LAW:

1. Provides that it is the duty of each city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, as well as other agencies or persons dealing with crimes and criminals or with delinquency or delinquents, when requested by the AG:
   
   

   1. To install and maintain records needed for the correct reporting of statistical data required by the AG;
      
      

   2. To report statistical data to the DOJ at those times and in the manner that the AG proscribes; and,
      
      

   3. To give to the AG, or his or her accredited agent, access to the statistical data for the purpose of carrying out the purposes of carrying out the relevant law. (Pen. Code, § 13020.)
      
      

2. Requires each sheriff and chief of police to annually furnish the DOJ, in the manner prescribed by the Attorney General, a report of all justifiable homicides committed in his or her jurisdiction. In cases where both a sheriff and chief of police would be required to report a justifiable homicide under this section, only the chief of police shall report the homicide. (Pen. Code, § 13022.)
   
   

3. States that, subject to the availability of adequate funding, the AG shall direct local law enforcement agencies to report to DOJ, in a manner to be prescribed by the AG, any information that may be required relative to hate crimes, as specified, and requires, on or before July 1 of each year, DOJ to submit a report to the Legislature analyzing the results of the information obtained from local law enforcement agencies. (Pen. Code, § 13023, subds. (a) and (b).)
   
   

4. Includes within DOJ's annual reporting requirements the number of citizens' complaints received by law enforcement agencies. 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. (Pen. Code, § 13012, subd. (e).)
   
   

5. Mandates in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the AG, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. Proscribes that these writings are public records within the meaning of the California Public Records Act and are open to public inspection, except confidential medical information. (Gov. Code, § 12525.)
   
   

6. California Public Records Act generally provides that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Code, § 6250 et. seq.)
   
   

7. Provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. (Gov. Code, § 6253)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Peace officers risk their lives daily, and the people of California greatly appreciate their hard work and dedication to public safety. Recently, the President’s Task Force on 21st Century Policing, FBI Director James Comey, state Attorney General Kamala Harris, and the people of California have all expressed a significant interest in strengthening police-community relationships through adopting evidenced-based approaches to public safety. In furtherance of this goal, AB 619 would enhance transparency by ensuring that death in custody and law enforcement use of force data is regularly made available to the public."
   
   

2. Reporting on Criminal Statistics: DOJ is statutorily required to collect and maintain data and develop statistical reports related to crime and the criminal justice process in California. Local agencies are also statutorily required to maintain statistical data and provide those to DOJ.
   
   Under existing law, local law enforcement agencies are required to report to DOJ all justifiable homicides committed in that agency's jurisdiction. (Pen. Code, § 13022.) Local jurisdictions must also report on the number of non-criminal and criminal complaints reported by citizens against law enforcement personnel and the number of complaints that were sustained. (Pen. Code, § 13012.) Arrest information from local agencies must also be provided to DOJ in order to maintain its arrest and citation database. (Pen. Code, §§ 13020 and 13021.) This database contains information including name, race/ethnicity, date of birth, sex, date of arrest, offense level, offense type, status of the offense, and law enforcement disposition. (Office of the Attorney General, Criminal Statistics Reporting Requirements (April 2014), p. 8.) Using statistical data from local jurisdictions, DOJ publishes an annual report on crime, as well as other reports as required by statute.
   
   The Federal Bureau of Investigation also collects data on deadly force used by officers, but reporting by law enforcement agencies is voluntary, and the data only covers justifiable homicides. "[B]etween 400 and 500 times a year, an officer kills a citizen in what police consider justifiable homicide of a felon—usually under threat from an armed citizen. But there is no reliable way of knowing what that number would be if included a comprehensive tally of all incidents—including, for example, those not considered justified." (Neumann, How Often Do Cops Kill Citizens? Why, Given “Scandalous” Data Gaps, Nobody Knows, California Magazine (Feb. 2015).) A recent study conducted by Franklin Zimring, Professor of Law at the University of California at Berkeley, found that in the past four decades, there has been a downward trend in the number of killings both of, and by, police. While the ratio of citizens killed by police, to police killed, was about 3 to 1, it now is nearly 8 to 1. Although police killings of whites are drastically higher than police killings of African-Americans, killings of African-Americans are proportionally about three times higher than whites. (Zimring and Arsiniega, Trends in Killings of and by Police: A Preliminary Analysis, 2015, Ohio State Journal of Criminal Law, Vol. 13.)

This bill requires local law enforcement agencies to report to DOJ incidents of use of force by its officers. Use of force refers to any use of force resulting in or contributing to medical treatment or hospitalization, or when certain weapons are used such as a firearm or baton. The bill also requires specified information to be reported about the person upon whom use of force was used, such as the perceived characteristics of the person, the setting in which the force was used, the type of force used, and the type of injury sustained. This bill also applies these reporting requirements on the current duty of law enforcement agency to report deaths in custody. The purpose of this bill is to address the deficiency of data on police use of force and to enhance transparency by ensuring that the data is made available to the public.

3. Argument in Support: According to the Youth Justice Coalition, a co-sponsor of this bill, "In response to the apparent increase in law enforcement use of force, we sought data on the number of people killed by law enforcement and was shocked to find that local law enforcement agencies either didn't keep accurate data, or didn't release it regularly to the public. We pulled together homicide data from the Coroner's Office and combined it with the experiences of victims' families in order to issue a report on use of force in Los Angeles County. The data revealed that LA County leads the nation on officer-involved homicides; at least 618 people have been killed since 2000.
   
   "Similarly, throughout California, the public is far too often left in the dark when it comes to information about force used by law enforcement. All state and local law enforcement agencies have submitted information concerning deaths in custody – including those that occur during arrest – to the state Department of Justice since 1980. However, the DOJ has been unable to provide the public with detailed information about such deaths on a routine basis. In fact, its last report on the issue, released in 2005, provided less than four-pages of information, highlighted that it was 'intended as a brief overview,' and explained that 'additional detailed research could be done if resources were available.' This lack of transparency not only inhibits public trust, but also hinders the development of potentially life-saving law enforcement reforms. . . .
   
   "AB 619 will expand the current death in custody reporting requirement to include use of force that results in serious bodily injury. It would also ensure that the public has regular access to important facts concerning law enforcement use of force practices."
   
   

4. Related Legislation:
   
   

   1. AB 71 (Rodriguez) would require local law enforcement agencies to annually furnish a report to DOJ of all instances when a peace officer is involved in shootings that occur in his or her jurisdiction where an individual or a peace officer is injured or killed and require DOJ to include a summary of the information received in its annual crime report.
      
      

   2. AB 86 (McCarty) would require DOJ to conduct an independent investigation if a peace officer, in the performance of his or her duties, uses deadly physical force upon another person and that person dies as a result of the use of that deadly force, and would require DOJ to prepare and submit a written report setting forth specified information and recommendations. AB 86 will be heard by this Committee today.
      
      

   3. AB 953 (Weber) would establish RIPA to eliminate racial and identity profiling and improve diversity and racial sensitivity in law enforcement. AB 953 is being heard by the Committee today.
      
      

   4. SB 227 (Mitchell) would prohibit the use of grand jury in cases of officer-involved shootings or in cases where excessive force used by an officer results in the death of a suspect. SB 227 is pending hearing by the Senate Committee on Public Safety.

REGISTERED SUPPORT / OPPOSITION:

Support

American Civil Liberties Union of California (Sponsor)
Youth Justice Coalition (Co-Sponsor)
A New PATH (Parents for Addiction Treatment & Healing)
A New Way of Life Reentry Project
Alliance for Boys and Men of Color
API Equality-LA
Asian Law Alliance
Black Women for Wellness
California Federation of Teachers
California Public Defenders Association
Californians United for a Responsible Budget
Center on Juvenile and Criminal Justice
Central American Resource Center – Los Angeles
Coalition on American-Islamic Relations, California Chapter
Community Coalition
Council on American-Islamic Relations, California Chapter
Courage Campaign
Dignity and Power Now
Drug Policy Alliance
Ella Baker Center for Human Rights
Empowering Pacific Islander Communities
Equality California
FACTS Education Fund
Fair Chance Project
Filipino Migrant Center of Southern California
Friends Committee on Legislation of California
GSA Network
Inland Empire Immigrant Youth Coalition
InterCity Struggle
Japanese Americans Citizens League – Pacific Southwest District
Justice for Immigrants Coalition of Southern Inland California
Justice Not Jails
K.W. Lee Center for Leadership
LA Voice
Legal Services for Prisoners with Children
Long Beach Immigrant Rights Coalition
Los Angeles Black Worker Center
Los Angeles LGBT Center
Los Angeles Regional Reentry Partnership
National Association of Social Workers – California Chapter
National Center for Lesbian Rights
National Employment Law Project
New Covenant Church
Pilipino Workers Center of Southern California
Progressive Christians Uniting
Public Advocates
Riverside Coalition for Police Accountability
Root & Rebound
Sacramento Area Congregations Together
San Francisco Organizing Project
San Francisco Tenants Union
Social Justice Learning Institute
Southeast Asia Resource Action Center
Starting Over, Inc.
Students for Sensible Drug Policy, Whittier Law School
The Brown Boi Project
The Greenlining Institute
The W. Haywood Burns Institute
Transgender Law Center
True North Organizing Network

Two private individuals

Opposition

None

Analysis Prepared by:

Stella Choe / PUB. S. / (916) 319-3744