CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 3099

Author:(Ramos)

As Amended Ver:July 9, 2020

Majority vote

SUMMARY:

Require the Department of Justice (DOJ), upon funding, provide technical assistance relating to tribal issues to local law enforcement agencies, as specified, and tribal governments with Indian lands. It also would require DOJ, upon funding, to study and report on how to increase state criminal justice protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls.

The Senate Amendments:

1. Make legislative findings regarding Public Law 280;
2. Provide that the DOJ shall, subject to an appropriation by the Legislature, conduct a study to determine how to increase state criminal justice protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls. The study shall include specified topics.
3. Establish the requirement for submitting a report requested by this bill is inoperative on January 1, 2025.

COMMENTS:

Underreporting of Hate Crimes:

Currently hate crime data is voluntarily submitted to the Federal Bureau of Investigation (FBI's) Uniform Crime Reporting (UCR) Program by local law enforcement agencies. In 2017, 1,094 hate crimes were reported in California. One study found that only about 10 percent of victims report hate crimes to tribal or local police due to secondary victimization or retaliation by the perpetrator. A 2014 study found that police may also be confused about what constitutes a hate crime. Further, hate crimes are classified as federal crimes, so they fall under FBI jurisdiction, not local, which could contribute to why crimes are rarely classified as such. One study found that "between 2004 and 2012, an average of 269,000 victimizations were reported by the NCVS." During this same time period, the FBI UCR hate crime statistics reported an average of 8,770 incidents. This discrepancy implies there may be a underreporting of hate crimes.

This bill seeks to provide additional resources to law enforcement agencies with Indian lands in their territory to collect data and statistics in an effort to better understand and respond to crimes involving Native American communities and tribal land.

According to the Author:

"Jurisdictional uncertainty caused by Public Law 280 is a knotted tangle of conflicting priorities. It causes lack of clarity in the law. There is a failure to discuss these gaps, and our failure has only resulted in confusion and a hesitancy in pursuing justice. These dilemmas have also contributed to the disgraceful and tragic number of Missing and Murdered Indigenous Women and Girls and has contributed to ineffective justice on tribal lands. To many, the term Missing and Murdered Indigenous Women and Girls is a disturbing classification of crimes. For those of us who were brought up in Indian Country and still live there, it refers to beloved sisters, cousins, and other family members and friends we know, or are known to others who care about and mourn them. By creating specific tribal positions within the Department of Justice to collect data—and by engaging with local law enforcement agencies adjacent to tribes—we can help inform and support solutions that will reduce the numbers of Missing and Murdered Indigenous Women and Girls across California."

Arguments in Support:

According to the Riverside Sheriffs' Association, "Riverside County is home to nine Indian gaming casinos. AB 3099 will help to improve the coordination and delivery of public safety services on and around tribal lands.

'Specifically, AB 3099 would create two new positions within the California Department of Justice (DOJ) to provide assistance to tribal police, including reporting statistics, training materials, outreach materials, and procedures relating to crime issues on tribal lands and Native American communities, including, but not limited to, missing persons cases involving Native American women and girls. AB 3099 would also require the DOJ to coordinate education and outreach between tribal police and state and local law enforcement agencies.

"The additional positions created by this bill will help close the gap among state and local law enforcement and tribal law enforcement, create trust and foster relationships in an effort improve data reporting practices and coordination between the varying levels of law enforcement."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Senate Appropriations Committee:

The Department of Justice reports the following costs associated with this measure:

(General Fund)

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Diep, Kamlager, Carrillo, Santiago, Wicks

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel

ASSEMBLY FLOOR: 77-0-2

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Frazier, Quirk

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Melendez, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Jones

UPDATED:

VERSION: July 9, 2020

CONSULTANT: Nikki Moore / PUB. S. / (916) 319-3744 FN: 0003486

 THIRD READING  

Bill No: AB 3099

Author: Ramos (D)

Amended: 7/9/20 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 7/31/20

AYES: Skinner, Moorlach, Bradford, Jackson, Mitchell, Morrell, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/20/20

AYES: Portantino, Bates, Bradford, Hill, Jones, Leyva, Wieckowski

ASSEMBLY FLOOR: 77-0, 6/10/20 - See last page for vote

SUBJECT: Department of Justice: law enforcement assistance with tribal issues: study

SOURCE: San Manuel Band of Mission Indians

DIGEST:

This bill requires the Department of Justice (DOJ) to provide technical assistance to local law enforcement agencies that have Indian lands within or abutting their jurisdictions, and to tribal governments with Indian lands, including those with and without tribal law enforcement agencies. The technical assistance is specified as, providing guidance for law enforcement education and training on policing, improving crime reporting etc., educational materials about the complexities of concurrent criminal jurisdiction with tribal governments and their tribal law enforcement agencies, and facilitating improved communication between local law enforcement agencies and tribal governments and their law enforcement. This bill also requires a study to increase protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls.

ANALYSIS:

Existing law:

1. Defines, pursuant to federal law, “Indian Country” as:
2. All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;
3. All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and,
4. All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. (18 U.S.C. § 1151)
5. Provides concurrent California and Tribal jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country (18 U.S.C. § 1162.):

a) If the offender is non-Indian, and the victim is non-Indian, the state has exclusive jurisdiction; (Draper v. United States, 164 U.S. 240 (1896); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).)

b) If the offender is non-Indian, and the victim is Indian, the state has exclusive jurisdiction; (Draper v. United States, 164 U.S. 240 (1896); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).)

c) If the offender is Indian, and the victim is non-Indian, there is concurrent state and tribal jurisdiction, exclusive of the federal government; (Indian Civil Rights Act, 25 U.S.C. § 1301.)

d) If the offender is Indian, and the victim is Indian, there is concurrent state and tribal jurisdiction, exclusive of the federal government; (Indian Civil Rights Act, 25 U.S.C. § 1301.)

e) If the offender is non-Indian, and there is a victimless crime, the state has exclusive jurisdiction; or, (Draper v. United States, 164 U.S. 240 (1896); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).)

f) If the offender is Indian, and there is a victimless crime, there is concurrent state and tribal jurisdiction, exclusive of the federal government. (Indian Civil Rights Act, 25 U.S.C. § 1301.)

1. Provides California limited jurisdiction over civil offenses that occur within Indian country (25 U.S.C. § 1322, subds. (a) & (c).)
2. Defines a "hate crime" as any criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: Disability, Gender, Nationality, Race or ethnicity, Religion, Sexual orientation; or, association with a person or group with one or more of these actual or perceived characteristics. (Pen. Code, § 422.55, subd. (a).)
3. Requires the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to DOJ. (Pen. Code, § 13023, subd. (a).)
4. Requires every state and local law enforcement agency to make available a brochure on hate crimes to victims of these crimes and the public. (Pen. Code, §422.92, subd. (a).)
5. Requires the Department of Fair Employment and Housing to provide existing brochures to local law enforcement agencies upon request for reproduction and distribution to victims of hate crimes and other interested parties. In carrying out these responsibilities, the department shall consult the Fair Employment and Housing Council, the DOJ, and the California Victim Compensation Board. (Pen. Code, §422.92, subd. (b).)
6. Requires the department to annually submit a report to the Legislature that analyzes the results of information obtained from local law enforcement pursuant to these provisions, and update the OpenJustice Web portal with the information obtained from local law enforcement agencies. (Pen. Code, § 13023, subds. (a) and (b).)
7. Establishes in the Office of Emergency Services a program of financial and technical assistance for local law enforcement, called the Rural Indian Crime Prevention Program. (Pen. Code, § 13847, et seq.)

This bill:

1. States that the Legislature finds and declares:
2. In Public Law 83-280, Congress expressly granted California concurrent criminal jurisdiction with California’s tribal governments over specified areas of Indian country within the state for the enforcement of statewide criminal laws. A lack of consistency in the application of PL-280 on California Indian country currently exists statewide creating jurisdictional uncertainty for local law enforcement and California tribes with Indian land.
3. Existing law establishes a California missing persons registry, in addition to other missing persons networks and databases that are designed to assist law enforcement in their investigations of missing and unidentified persons in California.
4. According to most recent census data, California is home to more people of Native American and Alaska Native heritage than any other state in the country. There are currently 109 federally recognized Indian tribes and over 70 non-federally recognized tribes in California. Tribes in California currently have nearly 100 separate reservations or rancherias. There are also a number of individual Indian trust allotments. These lands constitute “Indian country.”
5. Requires the Department of Justice, upon an appropriation of funds by the Legislature, to provide technical assistance to local law enforcement agencies, as specified, and tribal governments with Indian lands, relating to tribal issues, including providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments.
6. Requires the department, upon appropriation of funds by the Legislature, to conduct a study to determine how to increase state criminal justice protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls.
7. Requires the department to submit a report to the Legislature upon completion of the study, as provided.

Background

Public Law 280

Public Law 280 is a federal law enacted in 1953, which controls relationships between Indian Lands and six states, including California. The law shifted to these states, from federal jurisdiction, giving them the right to prosecute most crimes occurring on Indian land. The propriety of Public Law 280 was questioned at the time of the law’s passage and continues to raise questions as to its appropriateness and efficacy^[1].

A 1995 study examined California’s tribes experience and satisfaction with state law enforcement. The study found there was Tribal concerns about jurisdictional confusion, inadequate or untimely response, and insensitive or discriminatory treatment was taking place. The researchers concluded that “limited and uncertain State jurisdiction under PL 280, coupled with the absence of tribal justice systems and law enforcement, created situations where no legal remedies existed” 

Tribal Law and Order Act (TOLA) of 2010

The TOLA was signed by President Obama in an effort to address rising crime on Indian lands, and decrease violence against indigenous people. TOLA authorizes tribal governments to request that the U.S. DOJ resume federal criminal jurisdiction over that tribe’s land. This created concurrent jurisdiction between the states and federal government to prosecute crimes. In 2018, 999 crimes on Indian Territory were referred to the U.S. DOJ for prosecution; 64.3% of these cases were not prosecuted due to insufficient evidence.

Hate Crimes Against Native Americans

Several news outlets have reported that hate crimes against Native Americans have been on the rise^[2], but due to improperly categorized incidents and lack of data reporting by law enforcement there is not strong data that shows this trend. According to the National Congress of American Indians, Native Americans make up about 0.9% of the US population.^[3] In 2017, the FBI reported that there were 5,060 victims of race/ethnicity/ancestry motivated hate crime, and of those 6.3% were victims of anti-American Indian or Alaska Native bias.^[4]

Underreporting of Crimes

Currently hate crime data is voluntarily submitted to the FBI’s Uniform Crime Reporting (UCR) Program by local law enforcement agencies. In 2017, 1,094 hate crimes were reported in California.^[5] One study found that only about 10% of victims report hate crimes to tribal or local police due to secondary victimization or retaliation by the perpetrator.^[6] A 2014 study found that police may also be confused about what constitutes a hate crime.^[7] Further, hate crimes are classified as federal crimes, so they fall under FBI jurisdiction, not local, which could contribute to why crimes are rarely classified as such. One study found that “between 2004 and 2012, an average of 269,000 victimizations were reported by the NCVS.” ^[8] During this same time period, the FBI UCR hate crime statistics reported an average of 8,770 incidents. This discrepancy implies there may be a underreporting of hate crimes.^[9] This bill seeks to provide additional resources to law enforcement agencies with Indian lands in their territory to collect data and statistics in an effort to better understand and respond to crimes involving Native American communities and tribal land.

In 2016, the National Crime Information Center reported 5,712 reports of missing American Indian and Alaska Native women and girls, however only 116 cases were logged in the DOJ database. The Center for Disease Control and Prevention has reported that murder is the third-leading cause of death among American Indian and Alaska Native women. It also states rates of violence on reservations can be up to ten times higher than the national average. However, no research has been done on rates of such violence among American Indian and Alaska Native women living in urban areas despite the fact that approximately 71% of American Indian and Alaska Natives live in urban areas.^[10]

This bill seeks to provide additional resources to law enforcement agencies with Indian lands in their territory to collect data and statistics in an effort to better understand and respond to crimes involving Native American communities and tribal land. It also requires DOJ to conduct a study to increase resources for reporting and identifying missing Native Americans in California, particularly women and girls.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, the Department of Justice reports the following costs associated with this bill:

SUPPORT: (Verified 8/20/20)

San Manuel Band of Mission Indians (source)

California Tribal Business Alliance

Federated Indians of Graton Rancheria

NextGen California

Peace Officers Research Association of California

Riverside Sheriffs’ Association

Tule River Tribal Police Department

Tribal Law and Policy Institute

OPPOSITION: (Verified 8/20/20)

None received

ARGUMENTS IN SUPPORT: According to the Tule River Tribal Police Department:

Policing in Indian Country under PL 280 present enormous challenges to both Tribal and State police officers. The jurisdictional complexity for Tribal officers requires knowing where a violation of tribal law occurred and the identification of the violator as a tribal member, non-Indian or non-member Indian. For State officers, questions arise of when and how they should take custody of a person detained by a Tribal officer in Indian Country for a violation of State criminal law. Lack of reporting is a serious obstacle to understanding the challenges presented from State Jurisdiction in Indian Country….

AB 3099 would improve reporting, training, and outreach to tribal police creating tribal specific data reporting positions at the DOJ. These positions would help close the gap among state and local law enforcement and tribal law enforcement to create trust and foster relationships in an effort to improve data reporting practices and coordination between the varying levels of law enforcement.

ASSEMBLY FLOOR: 77-0, 6/10/20

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Frazier, Quirk

Prepared by: Nikki Scott / PUB. S. /

8/21/20 18:02:24

**** END ****

1. 1Carole Goldberg-Ambrose, Public Law 280 and the Problem of Lawlessness in California Indian Country, 44 UCLA L. Rev. 1405 (1997). ↑

2. Bleir, Zoledziowski, Murdered and Missing Native American Women Challenge Police and Courts, Aug. 27, 2018 The Center for Public Integrity, available at: https://publicintegrity.org/politics/murdered-and-missing-native-american-women-challenge-police-and-courts/ ↑

3. Demographics, Nat’l Conf. of American Indians, available at: http://www.ncai.org/about-tribes/demographics, last accessed ↑

4. 2017 Hate Crime Statistics, FBI, available at https://ucr.fbi.gov/hate-crime/2017/topic-pages/victims ↑

5. 2017 Hate Crime Statistics, FBI, available at https://ucr.fbi.gov/hate-crime/2017/topic-pages/victims, last accessed May 10, 2020. ↑

6. Barbara Perry, Silent Victims: Hate Crimes Against Native Americans, 2008, University of Arizona Press, available at https://www.h-net.org/reviews/showpdf.php?id=29737 ↑

7. Hillary D. McNeel, Hate Crimes Against American Indians and Alaskan Natives, available at http://www.ncjrs.gov/App/publications/abstract.aspx?ID=270163 ↑

8. Frank Pezzella, et al. The Dark Figure of Hate Crime Underreporting, January 2019, American Behavioral Scientist, available at https://www.researchgate.net/publication/330708636_The_Dark_Figure_of_Hate_Crime_Underreporting ↑

9. 2004-2012, FBI UCR Hate Crime Statistics, available at https://ucr.fbi.gov/hate-crime ↑

10. https://www.uihi.org/wp-content/uploads/2018/11/Missing-and-Murdered-Indigenous-Women-and-Girls-Report.pdf ↑

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 3099 (Ramos) - Department of Justice: law enforcement assistance with tribal issues: study

Bill Summary:

AB 3099 would require the Department of Justice (DOJ), upon funding, to provide technical assistance relating to tribal issues to local law enforcement agencies, as specified, and tribal governments with Indian lands. It also would require DOJ, upon funding, to study and report on how to increase state criminal justice protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls.

Fiscal Impact:

The Department of Justice reports the following costs associated with this measure:

(General Fund)

Background:

In 1953, the U.S. government enacted Public Law 83-280, which transferred from federal jurisdiction to the jurisdiction of six states, including California, the authority to prosecute most crimes occurring on Indian lands and to allow civil case that had come under tribal or federal court jurisdiction to be litigated in state courts. Then, the federal Tribal Law and Order Act of 2010 allowed tribal governments to request the U.S. DOJ resume federal criminal jurisdiction over that tribe’s land, thereby creating concurrent state and federal jurisdiction to prosecute crimes.

Existing state law permits the California DOJ to provide technical assistance to local law enforcement agencies, other state agencies, and federal agencies in the investigation of criminal matters, the detection of crimes, and the apprehension or prosecution of criminals. Additionally, the state established the Rural Indian Crime Prevention Program to provide grants to local law enforcement agencies to provide training to officers and to provide specified services to Native American persons and communities.

Proposed Law:

This bill would:

• Require DOJ, upon an appropriation of funds by the Legislature, to provide technical assistance to local law enforcement agencies that have Indian lands within or abutting their jurisdictions and tribal governments with Indian lands (regardless of if it maintains a tribal law enforcement agency) relating to tribal issues.
• Require the assistance to include:
  • Providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands.
  • Providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools.
  • Providing educational materials about the complexities of concurrent criminal jurisdiction with tribal governments and their tribal law enforcement agencies.
  • Facilitating and supporting improved communication between local law enforcement agencies and tribal governments.
• Require DOJ, upon appropriation of funds by the Legislature, to conduct a study to determine how to increase state criminal justice protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls.
• Require DOJ to submit a report to the Legislature upon completion of the study, as specified.
• Make legislative findings and declarations.

Related Legislation:

AJR 17 (Ramos, 2019-2020 Reg. Sess.) would request the California Attorney General to begin the collection of data related to missing and murdered Native American women and girls. AJR 17 is pending in the Senate Committee on Rules.

Staff Comments:

The Department of Justice indicate that AB 3099 would impose added responsibilities to the Directorate Division, the California Justice Information Services Division, and the Division of Law Enforcement. The department reports it would need the following new personnel to accomplish the functions imposed by this measure: 1.0 Special Agent in Charge to facilitate and support communication between local law enforcement agencies and tribal governments relating to policing and criminal investigations; 1.0 Staff Service Manager and 1.0 Office Technician for the engagement of an external consultant to provide legal expertise in Public Law 83-280 to assist the Office of Native American Affairs in providing and reviewing the necessary subject-matter expertise for content development of the mandated guidance, educational, and outreach materials; and 1.0 Research Data Specialist I to address the anticipated workload increase, including providing qualitative and quantitative analyses of issues surrounding missing and murdered Native American persons, conducting statistical and trend analyses of crime data for crimes that occurred on tribal lands, preparing literature reviews, contributing to research products for inclusion into outreach materials, and collaborating with other department stakeholders to recommend evidence-based methods for improving reporting between tribal police and state and local law enforcement agencies. The department indicates it also would incur travel, software, publication, outreach, and training costs resulting from AB 3099.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: AB 3099 Hearing Date: July 31, 2020

Subject: Department of Justice: Law Enforcement Assistance With Tribal Issues: Study

HISTORY

Source: Author

Prior Legislation: AB 1653 (Frazier), 2019-2020, Held in Assembly Appropriations

AB 301 (Chu), 2019-2020, Held in Assembly Appropriations

Support: NextGen California; Peace Officers Research Association of California (PORAC); Riverside Sheriffs’ Association; San Manuel Band of Mission Indians (Sponsor);

Tule River Tribal Police Department

Opposition: None known

Assembly Floor Vote: 77 - 0

PURPOSE

The purpose of this bill is to require the Department of Justice (DOJ) to provide technical assistance, subject to appropriation by the legislature, to local law enforcement agencies that have Indian lands within or abutting their jurisdictions, and to tribal governments with Indian lands, including those with and without tribal law enforcement agencies. The technical assistance is specified as, providing guidance for law enforcement education and training on policing, improving crime reporting etc., educational materials about the complexities of concurrent criminal jurisdiction with tribal governments and their tribal law enforcement agencies, and facilitating improved communication between local law enforcement agencies and tribal governments and their law enforcement.. It also requires the department to conduct a study to increase protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls.

Existing law federal law defines “Indian Country” as:

1. All land within the limits of any Indian reservation under the jurisdiction of the

United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;

b) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and,

c) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. (18 U.S.C. § 1151)

Existing law provides concurrent California and Tribal jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country (18 U.S.C. § 1162.):

a) If the offender is non-Indian, and the victim is non-Indian, the state has exclusive jurisdiction; (Draper v. United States, 164 U.S. 240 (1896); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).)

b) If the offender is non-Indian, and the victim is Indian, the state has exclusive jurisdiction; (Draper v. United States, 164 U.S. 240 (1896); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).)

c) If the offender is Indian, and the victim is non-Indian, there is concurrent state and tribal jurisdiction, exclusive of the federal government; (Indian Civil Rights Act, 25 U.S.C. § 1301.)

d) If the offender is Indian, and the victim is Indian, there is concurrent state and tribal jurisdiction, exclusive of the federal government; (Indian Civil Rights Act, 25 U.S.C. § 1301.)

e) If the offender is non-Indian, and there is a victimless crime, the state has exclusive jurisdiction; or, (Draper v. United States, 164 U.S. 240 (1896); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).)

f) If the offender is Indian, and there is a victimless crime, there is concurrent state and tribal jurisdiction, exclusive of the federal government. (Indian Civil Rights Act, 25 U.S.C. § 1301.)

Existing law provides California limited jurisdiction over civil offenses that occur within Indian country (25 U.S.C. § 1322, subds. (a) & (c).)

Existing law defines a "hate crime" as any criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: Disability, Gender, Nationality, Race or ethnicity, Religion, Sexual orientation; or, association with a person or group with one or more of these actual or perceived characteristics. (Pen. Code, § 422.55, subd. (a).)

Existing law requires the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to DOJ. (Pen. Code, § 13023, subd. (a).)

Existing law requires every state and local law enforcement agency to make available a brochure on hate crimes to victims of these crimes and the public. (Pen. Code, §422.92, subd. (a).)

Existing law requires the Department of Fair Employment and Housing to provide existing brochures to local law enforcement agencies upon request for reproduction and distribution to victims of hate crimes and other interested parties. In carrying out these responsibilities, the department shall consult the Fair Employment and Housing Council, the DOJ, and the California Victim Compensation Board. (Pen. Code, §422.92, subd. (b).)

Existing law requires the department to annually submit a report to the Legislature that analyzes the results of information obtained from local law enforcement pursuant to these provisions, and update the OpenJustice Web portal with the information obtained from local law enforcement agencies. (Pen. Code, § 13023, subds. (a) and (b).)

Existing law establishes in the Office of Emergency Services a program of financial and technical assistance for local law enforcement, called the Rural Indian Crime Prevention Program. (Pen. Code, § 13847, et seq.)

This bill states the legislature finds and declares:

1. In Public Law 83-280, Congress expressly granted California concurrent criminal jurisdiction with California’s tribal governments over specified areas of Indian country within the state for the enforcement of statewide criminal laws. A lack of consistency in the application of PL-280 on California Indian country currently exists statewide creating jurisdictional uncertainty for local law enforcement and California tribes with Indian land.
2.  Existing law establishes a California missing persons registry, in addition to other missing persons networks and databases that are designed to assist law enforcement in their investigations of missing and unidentified persons in California.
3. According to most recent census data, California is home to more people of Native American and Alaska Native heritage than any other state in the country. There are currently 109 federally recognized Indian tribes and over 70 non-federally recognized tribes in California. Tribes in California currently have nearly 100 separate reservations or rancherias. There are also a number of individual Indian trust allotments. These lands constitute “Indian country.”

This bill requires the Department of Justice, upon an appropriation of funds by the Legislature, to provide technical assistance to local law enforcement agencies, as specified, and tribal governments with Indian lands, relating to tribal issues, including providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments.

This bill requires the department, upon appropriation of funds by the Legislature, to conduct a study to determine how to increase state criminal justice protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls.

This bill would require the department to submit a report to the Legislature upon completion of the study, as provided.

COMMENTS

1. Need for This Bill

According to the author:

“PL 280 is an intricate statute. It has often been misunderstood and misapplied by both federal and state governments. Moreover, the everyday effect of PL 280 has often gone beyond that which was legally necessary, anticipated, and considered. PL 280 has generally brought about an increased and confusing state role in civil related matters in Indian Country.

This confusion has led to a lack of operational capacity at the California Department of Justice to provide data reporting and statistical research for adequately addressing Missing and Murdered Indigenous Women and Girls (MMIWG). In addition, the lack of tribal outreach among state law enforcement and tribal law enforcement perpetuates and dis-incentivizes collaboration between state and tribal law enforcement to solve cases involving MMIWG.

By having three additional tribal specific positions within the California DOJ that can collect and report data and statistics on MMIWG, as well as create and distribute outreach materials relating to collaborative law enforcement efforts between state and tribal law enforcement entities, California can begin to find solutions to unmet tribal public safety needs, including the problem of MMIWG.”

1. Public Law 280

Public Law 280 is a federal law enacted in 1953, which controls relationships between Indian Lands and six states, including California. The law shifted to these states, from federal jurisdiction, giving them the right to prosecute most crimes occurring on Indian land. The propriety of Public Law 280 was questioned at the time of the law’s passage and continues to raise questions as to its appropriateness and efficacy^[1].

A 1995 study examined California’s tribes experience and satisfaction with State law enforcement.

The study found there was Tribal concerns about jurisdictional confusion, inadequate or untimely response, and insensitive or discriminatory treatment was taking place. The researchers concluded that “limited and uncertain State jurisdiction under PL 280, coupled with the absence of tribal justice systems and law enforcement, created situations where no legal remedies existed”^[2]. 

1. Tribal Law and Order Act (TOLA) of 2010

The Tribal Law and Order Act of 2010 (TOLA) was signed by President Obama in an effort to address rising crime on Indian lands, and decrease violence against indigenous people. TOLA authorizes tribal governments to request that the U.S. Department of Justice resume federal criminal jurisdiction over that tribe’s land. This created concurrent jurisdiction between the states and federal government to prosecute crimes. In 2018, 999 crimes on Indian Territory were referred to the U.S. DOJ for prosecution; 64.3% of these cases were not prosecuted due to insufficient evidence.^[3]

1. Hate Crimes Against Native Americans

Several news outlets have reported that hate crimes against Native Americans have been on the rise^[4], but due to improperly categorized incidents and lack of data reporting by law enforcement there is not strong data that shows this trend. According to the National Congress of American Indians, Native Americans make up about 0.9% of the US population.^[5] In 2017, the FBI reported that there were 5,060 victims of race/ethnicity/ancestry motivated hate crime, and of those 6.3% were victims of anti-American Indian or Alaska Native bias.^[6]

1. Underreporting of Crimes

Currently hate crime data is voluntarily submitted to the FBI’s Uniform Crime Reporting (UCR) Program by local law enforcement agencies. In 2017, 1,094 hate crimes were reported in California.^[7] One study found that only about 10% of victims report hate crimes to tribal or local police due to secondary victimization or retaliation by the perpetrator.^[8] A 2014 study found that police may also be confused about what constitutes a hate crime.^[9] Further, hate crimes are classified as federal crimes, so they fall under FBI jurisdiction, not local, which could contribute to why crimes are rarely classified as such. One study found that “between 2004 and 2012, an average of 269,000 victimizations were reported by the NCVS.” ^[10] During this same time period, the FBI UCR hate crime statistics reported an average of 8,770 incidents. This discrepancy implies there may be a underreporting of hate crimes.^[11] This bill seeks to provide additional resources to law enforcement agencies with Indian lands in their territory to collect data and statistics in an effort to better understand and respond to crimes involving Native American communities and tribal land.

In 2016 the National Crime Information Center reported 5,712 reports of missing American Indian and Alaska Native women and girls, however only 116 cases were logged in the DOJ database. The Center for Disease Control and Prevention has reported that murder is the third-leading cause of death among American Indian and Alaska Native women. It also states rates of violence on reservations can be up to ten times higher than the national average. However, no research has been done on rates of such violence among American Indian and Alaska Native women living in urban areas despite the fact that approximately 71% of American Indian and Alaska Natives live in urban areas.^[12]

This bill seeks to provide additional resources to law enforcement agencies with Indian lands in their territory to collect data and statistics in an effort to better understand and respond to crimes involving Native American communities and tribal land. It also requires DOJ to conduct a study to increase resources for reporting and identifying missing Native Americans in California, particularly women and girls.

1. Argument in Support

According to the Tule River Indian Tribe of California:

“Policing in Indian Country under PL 280 present enormous challenges to both Tribal and State police officers. The jurisdictional complexity for Tribal officers requires knowing where a violation of tribal law occurred and the identification of the violator as a tribal member, non-Indian or non-member Indian. For State officers, questions arise of when and how they should take custody of a person detained by a Tribal officer in Indian Country for a violation of State criminal law. Lack of reporting is a serious obstacle to understanding the challenges presented from State Jurisdiction in Indian Country….

AB 3099 would improve reporting, training, and outreach to tribal police creating tribal specific data reporting positions at the DOJ. These positions would help close the gap among state and local law enforcement and tribal law enforcement to create trust and foster relationships in an effort to improve data reporting practices and coordination between the varying levels of law enforcement”

-- END –

1. 1Carole Goldberg-Ambrose, Public Law 280 and the Problem of Lawlessness in California Indian Country, 44 UCLA L. Rev. 1405 (1997). ↑

2. https://www.ncjrs.gov/pdffiles1/nij/209839.pdf ↑

3. Indian Country Investigations and Prosecutions, U.S, D.O.J., available at https://www.justice.gov/otj/page/file/1231431/download ↑

4. Bleir, Zoledziowski, Murdered and Missing Native American Women Challenge Police and Courts, Aug. 27, 2018 The Center for Public Integrity, available at: https://publicintegrity.org/politics/murdered-and-missing-native-american-women-challenge-police-and-courts/ ↑

5. Demographics, Nat’l Conf. of American Indians, available at: http://www.ncai.org/about-tribes/demographics, last accessed ↑

6. 2017 Hate Crime Statistics, FBI, available at https://ucr.fbi.gov/hate-crime/2017/topic-pages/victims ↑

7. 2017 Hate Crime Statistics, FBI, available at https://ucr.fbi.gov/hate-crime/2017/topic-pages/victims, last accessed May 10, 2020. ↑

8. Barbara Perry, Silent Victims: Hate Crimes Against Native Americans, 2008, University of Arizona Press, available at https://www.h-net.org/reviews/showpdf.php?id=29737 ↑

9. Hillary D. McNeel, Hate Crimes Against American Indians and Alaskan Natives, available at http://www.ncjrs.gov/App/publications/abstract.aspx?ID=270163 ↑

10. Frank Pezzella, et al. The Dark Figure of Hate Crime Underreporting, January 2019, American Behavioral Scientist, available at https://www.researchgate.net/publication/330708636_The_Dark_Figure_of_Hate_Crime_Underreporting ↑

11. 2004-2012, FBI UCR Hate Crime Statistics, available at https://ucr.fbi.gov/hate-crime ↑

12. https://www.uihi.org/wp-content/uploads/2018/11/Missing-and-Murdered-Indigenous-Women-and-Girls-Report.pdf ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 3099

Author:(Ramos)

As Amended Ver:May 6, 2020

Majority vote

SUMMARY:

States that, to improve reporting, training, and outreach to tribes and tribal police, the Department of Justice shall, subject to an appropriation by the Legislature, provide assistance to law enforcement agencies that have Indian lands within or abutting their jurisdictions, including tribal police.

COMMENTS:

Underreporting of Hate Crimes:

Currently hate crime data is voluntarily submitted to the Federal Bureau of Investigation (FBI's) Uniform Crime Reporting (UCR) Program by local law enforcement agencies. In 2017, 1,094 hate crimes were reported in California.^[1] One study found that only about 10% of victims report hate crimes to tribal or local police due to secondary victimization or retaliation by the perpetrator.^[2] A 2014 study found that police may also be confused about what constitutes a hate crime.^[3] Further, hate crimes are classified as federal crimes, so they fall under FBI jurisdiction, not local, which could contribute to why crimes are rarely classified as such. One study found that "between 2004 and 2012, an average of 269,000 victimizations were reported by the National Crime Victimization Survey (NCVS)." ^[4] During this same time period, the FBI UCR hate crime statistics reported an average of 8,770 incidents. This discrepancy implies there may be a underreporting of hate crimes.^[5]

This bill seeks to provide additional resources to law enforcement agencies with Indian lands in their territory to collect data and statistics in an effort to better understand and respond to crimes involving Native American communities and tribal land.

According to the Author:

"Jurisdictional uncertainty caused by Public Law 280 is a knotted tangle of conflicting priorities. It causes lack of clarity in the law. There is a failure to discuss these gaps, and our failure has only resulted in confusion and a hesitancy in pursuing justice. These dilemmas have also contributed to the disgraceful and tragic number of Missing and Murdered Indigenous Women and Girls and has contributed to ineffective justice on tribal lands. To many, the term Missing and Murdered Indigenous Women and Girls is a disturbing classification of crimes. For those of us who were brought up in Indian Country and still live there, it refers to beloved sisters, cousins, and other family members and friends we know, or are known to others who care about and mourn them. By creating specific tribal positions within the Department of Justice to collect data—and by engaging with local law enforcement agencies adjacent to tribes—we can help inform and support solutions that will reduce the numbers of Missing and Murdered Indigenous Women and Girls across California."

Arguments in Support:

According to the Riverside Sheriffs' Association, "Riverside County is home to nine Indian gaming casinos. AB 3099 will help to improve the coordination and delivery of public safety services on and around tribal lands.

'Specifically, AB 3099 would create two new positions within the California Department of Justice (DOJ) to provide assistance to tribal police, including reporting statistics, training materials, outreach materials, and procedures relating to crime issues on tribal lands and Native American communities, including, but not limited to, missing persons cases involving Native American women and girls. AB 3099 would also require the DOJ to coordinate education and outreach between tribal police and state and local law enforcement agencies.

"The additional positions created by this bill will help close the gap among state and local law enforcement and tribal law enforcement, create trust and foster relationships in an effort improve data reporting practices and coordination between the varying levels of law enforcement."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, costs (General Fund (GF)) to the DOJ of $260,000 in fiscal year (FY) 2020-21 and $451,000 in FY 2021-22 and annually thereafter in additional staff and infrastructure to the DOJ California Justice Information Services (CJIS) Division. Specifically, DOJ reports it may need one full time Research Data Specialist and access to professional Geological Identification System (GIS) software to conduct geographical mapping and conduct statistical and trend analyses of crime data occurring on tribal lands. CJIS may also need one full-time Crime Analyst to create and update training materials addressing crime on tribal lands. DOJ also estimates the need to engage an outside consultant to assist in navigating federal Indian law.

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Diep, Kamlager, Carrillo, Santiago, Wicks

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel

UPDATED:

VERSION: May 6, 2020

CONSULTANT: Nikki Moore / PUB. S. / (916) 319-3744 FN: 0002949

1. 2017 Hate Crime Statistics, FBI, available at https://ucr.fbi.gov/hate-crime/2017/topic-pages/victims, last accessed May 10, 2020. ↑

2. Barbara Perry, Silent Victims: Hate Crimes Against Native Americans, 2008, University of Arizona Press, available at https://www.h-net.org/reviews/showpdf.php?id=29737 ↑

3. Hillary D. McNeel, Hate Crimes Against American Indians and Alaskan Natives, available at http://www.ncjrs.gov/App/publications/abstract.aspx?ID=270163 ↑

4. Frank Pezzella, et al. The Dark Figure of Hate Crime Underreporting, January 2019, American Behavioral Scientist, available at https://www.researchgate.net/publication/330708636_The_Dark_Figure_of_Hate_Crime_Underreporting ↑

5. 2004-2012, FBI UCR Hate Crime Statistics, available at https://ucr.fbi.gov/hate-crime ↑

Date of Hearing: June 2, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 3099

Author:(Ramos) – As Amended Ver:May 6, 2020

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

SUMMARY:

This bill requires the Department of Justice (DOJ), subject to an appropriation by the Legislature, to provide assistance to law enforcement agencies that have Indian lands within or abutting their jurisdictions, including tribal police.

FISCAL EFFECT:

Costs (GF) to the DOJ of $260,000 in fiscal year (FY) 2020-21 and $451,000 in FY 2021-22 and annually thereafter in additional staff and infrastructure to the DOJ California Justice Information Services (CJIS) Division. Specifically, DOJ reports it may need one full time Research Data Specialist and access to professional Geological Identification System (GIS) software to conduct geographical mapping and conduct statistical and trend analyses of crime data occurring on tribal lands. CJIS may also need one full-time Crime Analyst to create and update training materials addressing crime on tribal lands. DOJ also estimates the need to engage an outside consultant to assist in navigating federal Indian law.

COMMENTS:

1. Purpose. According to the author:

By creating specific tribal positions within the Department of Justice to collect data—and by engaging with local law enforcement agencies adjacent to tribes—we can help inform and support solutions that will reduce the numbers of Missing and Murdered Indigenous Women and Girls across California.

1. Background. According to the Urban Indian Health Institute (UIHI), California is one of the states with the highest number of cases involving missing and murdered indigenous women - with a total of 40 cases. The National Crime Information Center reports that, in 2016, there were 5,712 reports of missing American Indian and Alaska Native women and girls, though the U.S. Department of Justice’s federal missing person’s database, NamUs, only logged 116 cases. Issues collecting and sharing data frustrate independent work involving missing and murdered indigenous women. The UIHI filed Freedom of Information Act (FOIA) requests with police departments in 71 cities. Two-thirds of the departments did not provide complete data. 20% of the departments did not provide any data at all.
   
   Tribal land is sovereign and local law enforcement do have jurisdiction on Native American reservations. Only the federal government has any authority to investigate crimes on Native American reservations. Any assistance between tribal law enforcement and local law enforcement would likely have to be requested by tribal police.
2. Related Legislation.
   1. AJR 17 (Ramos), of the 2019-2020 Legislative Session, requests the Attorney General of the State of California begin the collection of data as it relates to missing and murdered Native American women and girls. AJR 17 was adopted by the Senate and referred to the Senate Rules Committee.
   2. AB 1653 (Frazier), of the 2019-2020 Legislative Session, creates the Missing and Murdered Indigenous Women Task Force to consult with California’s Indian tribes to ensure resources are used effectively to investigate cases of missing and murdered indigenous persons in the state. AB 1653 was held on this committee’s Suspense File.

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing: May 19, 2020

Counsel: Nikki Moore

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

States that, to improve reporting, training, and outreach to tribes and tribal police, the Department of Justice shall, subject to an appropriation by the Legislature, provide assistance to law enforcement agencies that have Indian lands within or abutting their jurisdictions, including tribal police. Specifically, this bill:

1. Provides that assistance shall include assistance with reporting, statistics, training materials, outreach materials, and procedures, as needed, relating to crime issues on tribal lands and Native American communities including, but not limited to, homicides and missing persons cases involving Native American women and girls.
   
2. Provides that assistances shall include coordinating education and outreach between tribal police and state and local law enforcement agencies.

EXISTING STATE LAW:

1. Defines "hate crime" as any criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
   
   1. Disability;
      
   2. Gender;
      
   3. Nationality;
      
   4. Race or ethnicity;
      
   5. Religion;
      
   6. Sexual orientation; or,
      
   7. Association with a person or group with one or more of these actual or perceived characteristics. (Pen. Code, § 422.55, subd. (a).)
      
2. Requires the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to DOJ. (Pen. Code, § 13023, subd. (a).)
   
3. Requires every state and local law enforcement agency to make available a brochure on hate crimes to victims of these crimes and the public. (Pen. Code, §422.92, subd. (a).)
   
4. Requires the Department of Fair Employment and Housing to provide existing brochures to local law enforcement agencies upon request for reproduction and distribution to victims of hate crimes and other interested parties. In carrying out these responsibilities, the department shall consult the Fair Employment and Housing Council, the DOJ, and the California Victim Compensation Board. (Pen. Code, §422.92, subd. (b).)
5. Requires the department to annually submit a report to the Legislature that analyzes the results of information obtained from local law enforcement pursuant to these provisions, and update the OpenJustice Web portal with the information obtained from local law enforcement agencies. (Pen. Code, § 13023, subds. (a) and (b).)
   
6. Establishes in the Office of Emergency Services a program of financial and technical assistance for local law enforcement, called the Rural Indian Crime Prevention Program. (Pen. Code, § 13847, et seq.)

EXISTING FEDERAL LAW:

2. Defines “Indian Country” as:
3. All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;
4. All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and,
5. All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. (18 U.S.C. § 1151)
6. Provides concurrent California and Tribal jurisdiction over criminal offenses committed by or against Indians in the areas of Indian country (18 U.S.C. § 1162.):
   
   1. If the offender is non-Indian, and the victim is non-Indian, the state has exclusive jurisdiction; (Draper v. United States, 164 U.S. 240 (1896); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).)
   2. If the offender is non-Indian, and the victim is Indian, the state has exclusive jurisdiction; (Draper v. United States, 164 U.S. 240 (1896); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).)
   3. If the offender is Indian, and the victim is non-Indian, there is concurrent state and tribal jurisdiction, exclusive of the federal government; (Indian Civil Rights Act, 25 U.S.C. § 1301.)
   4. If the offender is Indian, and the victim is Indian, there is concurrent state and tribal jurisdiction, exclusive of the federal government; (Indian Civil Rights Act, 25 U.S.C. § 1301.)
   5. If the offender is non-Indian, and there is a victimless crime, the state has exclusive jurisdiction; or, (Draper v. United States, 164 U.S. 240 (1896); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).)
   6. If the offender is Indian, and there is a victimless crime, there is concurrent state and tribal jurisdiction, exclusive of the federal government. (Indian Civil Rights Act, 25 U.S.C. § 1301.)
7. Provides California limited jurisdiction over civil offenses that occur within Indian country (25 U.S.C. § 1322, subds. (a) & (c).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Jurisdictional uncertainty caused by Public Law 280 is a knotted tangle of conflicting priorities. It causes lack of clarity in the law. There is a failure to discuss these gaps, and our failure has only resulted in confusion and a hesitancy in pursuing justice. These dilemmas have also contributed to the disgraceful and tragic number of Missing and Murdered Indigenous Women and Girls and has contributed to ineffective justice on tribal lands. To many, the term Missing and Murdered Indigenous Women and Girls is a disturbing classification of crimes. For those of us who were brought up in Indian Country and still live there, it refers to beloved sisters, cousins, and other family members and friends we know, or are known to others who care about and mourn them. By creating specific tribal positions within the Department of Justice to collect data—and by engaging with local law enforcement agencies adjacent to tribes—we can help inform and support solutions that will reduce the numbers of Missing and Murdered Indigenous Women and Girls across California.”
2. Public Law 280: Public Law 280 is a federal law enacted in 1953, which controls relationships between Indian Lands and six states, including California. The law shifted to these states, from federal jurisdiction, the right to prosecute most crimes occurring on Indian land. The propriety of Public Law 280 was questioned at the time of the law’s passage and continues to raise questions as to its appropriateness and efficacy.^[1]
3. Tribal Law and Order Act (TOLA) of 2010: The Tribal Law and Order Act of 2010 (TOLA) was signed by President Obama in an effort to address rising crime on Indian lands, and decrease violence against indigenous people. TOLA authorizes tribal governments to request that the U.S. Department of Justice resume federal criminal jurisdiction over that tribe’s land. This created concurrent jurisdiction between the states and federal government to prosecute crimes. In 2018, 999 crimes on Indian territory were referred to the U.S. DOJ for prosecution; 64.3% of these cases were not prosecuted due to insufficient evidence.^[2]
   
4. Hate Crimes Against Native Americans: Several news outlets have reported that hate crimes against Native Americans have been on the rise,^[3] but due to improperly categorized incidents and lack of data reporting by law enforcement there is not strong data that shows this trend. According to the National Congress of American Indians, Native Americans make up about 0.9% of the US population.^[4] In 2017, the FBI reported that there were 5,060 victims of race/ethnicity/ancestry motivated hate crime, and of those 6.3% were victims of anti-American Indian or Alaska Native bias.^[5]
5. Underreporting of Hate Crimes: Currently hate crime data is voluntarily submitted to the FBI’s Uniform Crime Reporting (UCR) Program by local law enforcement agencies. In 2017, 1,094 hate crimes were reported in California.^[6] One study found that only about 10% of victims report hate crimes to tribal or local police due to secondary victimization or retaliation by the perpetrator.^[7] A 2014 study found that police may also be confused about what constitutes a hate crime.^[8] Further, hate crimes are classified as federal crimes, so they fall under FBI jurisdiction, not local, which could contribute to why crimes are rarely classified as such. One study found that “between 2004 and 2012, an average of 269,000 victimizations were reported by the NCVS.” ^[9] During this same time period, the FBI UCR hate crime statistics reported an average of 8,770 incidents. This discrepancy implies there may be a underreporting of hate crimes.^[10]
   
   This bill seeks to provide additional resources to law enforcement agencies with Indian lands in their territory to collect data and statistics in an effort to better understand and respond to crimes involving Native American communities and tribal land.
6. Anti-Reservation Groups: The Southern Poverty Law Center defines a “hate group” as any group with beliefs or practices that attack or malign an entire class of people—particularly when the characteristics being maligned are immutable.
   
   There is public debate as to whether groups such as Citizens Equal Rights Alliance (CERA) should qualify as a hate group since they advocate that Indigenous Americans should not have their own land and legal system. CERA proclaims its mission is “to change federal Indian policies that threaten or restrict the individual rights of all citizens living on or near Indian reservations. We do not tolerate racial prejudice of any kind. We do not knowingly associate with anyone who discriminates based on race. Federal Indian Policy is unaccountable, destructive, racist, and unconstitutional. It is, therefore CERA’s mission to ensure the equal protection of the law as guaranteed to all citizens by the Constitution of the United States.”^[11]
7. Argument in Support: According to the Riverside Sheriffs’ Association, “Riverside County is home to nine Indian gaming casinos. AB 3099 will help to improve the coordination and delivery of public safety services on and around tribal lands.
   
   ‘Specifically, AB 3099 would create two new positions within the California Department of Justice (DOJ) to provide assistance to tribal police, including reporting statistics, training materials, outreach materials, and procedures relating to crime issues on tribal lands and Native American communities, including, but not limited to, missing persons cases involving Native American women and girls. AB 3099 would also require the DOJ to coordinate education and outreach between tribal police and state and local law enforcement agencies.

“The additional positions created by this bill will help close the gap among state and local law enforcement and tribal law enforcement, create trust and foster relationships in an effort improve data reporting practices and coordination between the varying levels of law enforcement.”

1. Related Legislation: AB 1854 (Frazier), of the 2019-2020 Legislative Session, would create the Missing or Murdered Native American Women Task Force in the Department of Justice, and would provide for the membership of that task force. AB 1854 is pending before this committee.
   
2. Prior Legislation:
   1. AB 1653 (Frazier), of the 2019-2020 Legislative Session, would have created the Missing and Murdered Indigenous Women Task Force to consult with California’s Indian tribes to ensure resources are used effectively to investigate cases of missing and murdered indigenous persons in the state. AB 1653 was held in the Assembly Appropriations Committee.
   2. AB 301 (Chu), of the 2019-2020 Legislative Session, would have required the DOJ to carry out various duties related to documenting and responding to hate crimes, including conducting reviews of all law enforcement agencies every three years to evaluate the accuracy of hate crime data reported, hate crimes policies. AB 301 was held in the Assembly Appropriations Committee.
      

REGISTERED SUPPORT / OPPOSITION:

Support

>

Opposition

>

Analysis Prepared by:

1. Carole Goldberg-Ambrose, Public Law 280 and the Problem of Lawlessness in California Indian Country, 44 UCLA L. Rev. 1405 (1997). ↑

2. Indian Country Investigations and Prosecutions, U.S, D.O.J., available at https://www.justice.gov/otj/page/file/1231431/download, last accessed May 11, 2020. ↑

3. Bleir, Zoledziowski, Murdered and Missing Native American Women Challenge Police and Courts, Aug. 27, 2018 The Center for Public Integrity, available at: https://publicintegrity.org/politics/murdered-and-missing-native-american-women-challenge-police-and-courts/, last accessed May 11, 2020. ↑

4. Demographics, Nat’l Conf. of American Indians, available at: http://www.ncai.org/about-tribes/demographics, last accessed May 11, 2020. ↑

5. 2017 Hate Crime Statistics, FBI, available at https://ucr.fbi.gov/hate-crime/2017/topic-pages/victims, last accessed May 11, 2020. ↑

6. 2017 Hate Crime Statistics, FBI, available at https://ucr.fbi.gov/hate-crime/2017/topic-pages/victims, last accessed May 10, 2020. ↑

7. Barbara Perry, Silent Victims: Hate Crimes Against Native Americans, 2008, University of Arizona Press, available at https://www.h-net.org/reviews/showpdf.php?id=29737 ↑

8. Hillary D. McNeel, Hate Crimes Against American Indians and Alaskan Natives, available at http://www.ncjrs.gov/App/publications/abstract.aspx?ID=270163 ↑

9. Frank Pezzella, et al. The Dark Figure of Hate Crime Underreporting, January 2019, American Behavioral Scientist, available at https://www.researchgate.net/publication/330708636_The_Dark_Figure_of_Hate_Crime_Underreporting ↑

10. 2004-2012, FBI UCR Hate Crime Statistics, available at https://ucr.fbi.gov/hate-crime ↑

11. About CERA, available at https://citizensalliance.org/, last accessed May 11, 2020. ↑