Under existing law, the Department of Justice is responsible for carrying out several functions related to the sale, delivery, and transfer of firearms, including maintaining a centralized list of all persons licensed to sell firearms and inspecting firearms. The California Constitution establishes the Attorney General as the chief law officer of the state and makes it the duty of the Attorney General to see that the laws of the state are uniformly and adequately enforced.

This bill would establish, within the Department of Justice, the Office of Gun Violence Prevention. The bill would require the office to advise the Attorney General on, among other things, gun violence prevention-related matters and the effectiveness of certain gun violence prevention laws and programs. The bill would require the office to consult with specified stakeholders and, on or before July 1, 2026, issue a public report on achieving sustained gun violence reduction, including addressing new legislation and improvements to statutory implementation. The bill would require the office to make its report publicly available and transmit copies to the public safety committees of both houses of the Legislature and the Governors office, within 60 days of the reports completion.

Under existing law, the Department of Justice is responsible for carrying out several functions related to the sale, delivery, and transfer of firearms, including maintaining a centralized list of all persons licensed to sell firearms and inspecting firearms. The California Constitution establishes the Attorney General as the chief law officer of the state and makes it the duty of the Attorney General to see that the laws of the state are uniformly and adequately enforced.

This bill would establish, within the Department of Justice, the Office of Gun Violence Prevention. The bill would require the office to advise the Attorney General on, among other things, gun violence prevention-related matters and the effectiveness of certain gun violence prevention laws and programs. The bill would require the office to consult with specified stakeholders and, on or before July 1, 2026, issue a public report on achieving sustained gun violence reduction, including addressing new legislation and improvements to statutory implementation. The bill would require the office to make its report publicly available and transmit copies to the public safety committees of both houses of the Legislature and the Governors office, within 60 days of the reports completion.

Under existing law, the Department of Justice is responsible for carrying out several functions related to the sale, delivery, and transfer of firearms, including maintaining a centralized list of all persons licensed to sell firearms and inspecting firearms. The California Constitution establishes the Attorney General as the chief law officer of the state and makes it the duty of the Attorney General to see that the laws of the state are uniformly and adequately enforced.

This bill would establish, within the Department of Justice, the Office of Gun Violence Prevention. This bill would further establish, within the Department of Justice, a Commission to End Gun Violence. This bill would require the commission, within one year of its creation, to issue a public report discussing the implementation, coordination, and effectiveness of gun violence prevention laws and programs, as specified. The bill would require the office to advise the Attorney General on, among other things, gun violence prevention-related matters and the effectiveness of certain gun violence prevention laws and programs. The bill would require the office to consult with specified stakeholders and, on or before July 1, 2026, issue a public report on achieving sustained gun violence reduction, including addressing new legislation and improvements to statutory implementation. The bill would require the office to make its report publicly available and transmit copies to the public safety committees of both houses of the Legislature and the Governors office, within 60 days of the reports completion.

Under existing law, the Department of Justice is responsible for carrying out several functions related to the sale, delivery, and transfer of firearms, including maintaining a centralized list of all persons licensed to sell firearms and inspecting firearms.

This bill would establish, within the Department of Justice, the Office of Gun Violence Prevention. This bill would further establish, within the Department of Justice, a Commission to End Gun Violence. This bill would require the commission, within one year of its creation, to issue a public report discussing the implementation, coordination, and effectiveness of gun violence prevention laws and programs, as specified.

Existing law includes the Revenue and Taxation Code, under which various taxes are imposed, calculated, and administered. Existing law specifies definitions for purposes of this code.

This bill would make nonsubstantive changes to those definitions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1252

Author:(Wicks and Gabriel)

As Amended Ver:August 28, 2024

Majority vote

SUMMARY

Creates the Office of Gun Violence Prevention (OGVP) within the Department of Justice (DOJ) to advise the Attorney General on gun violence prevention-related matters, serve as a liaison to gun violence prevention stakeholders, and support the implementation, coordination, and effectiveness of gun violence prevention laws and programs.

Senate Amendments

1. Require the OGVP to advise the Attorney General on gun violence prevention-related matters, serve as a liaison to gun violence prevention stakeholders, and support the implementation, coordination, and effectiveness of gun violence prevention laws and programs through activities, including specified activities such as educating firearm purchasers and owners about gun safety laws and responsibilities, among others, and through data and policy reports that highlight best practices, identify policy gaps and barriers to success, and make recommendations to the Legislature and other stakeholders about strategies, policies, and priorities for preventing gun violence.
2. Require the OGVP, or before July 1, 2026, to issue a public report outlining the new legislation, improvements to statutory implementation, and increased programmatic funding necessary to achieve sustained reductions in gun violence in California.
3. Require the OGVP, in the process of preparing the report, to solicit input from recognized outside experts and stakeholders, including, but not limited to, local and state elected officials, law enforcement, gun violence prevention advocates, and academic researchers.
4. Expand what must be included in the OGVP’s report to include:
   1. Ascertaining gaps in firearm tracing systems and making recommendations to alleviate them.
   2. Making recommendations to implement and improve permitting and licensing and registration frameworks to limit unsafe firearm access.
   3. Examining and proposing policies to curb or eliminate irresponsible firearm industry practices, including in the distribution, retail sale, inventory, and marketing of firearms.
   4. A five-year strategic plan for reducing gun violence in California.
5. Require the OGVP, within 60 days of completing the report, to make the report publicly available and transmit copies to the Governor’s office and the public safety committees of both houses of the Legislature, as specified.
6. Delete proposed provisions of the bill that require the OGVP, contingent upon sufficient state funding, to convene a Commission to End Gun Violence made up of recognized outside experts and stakeholders, and to issue, within one year of the commission’s creation, a public report identifying top priorities to improve the implementation, coordination, and effectiveness of gun violence prevention focused laws and programs.

COMMENTS

As Passed by the Assembly, this bill:

1. Established the OGVP within the DOJ.
2. Required the OGVP, contingent upon sufficient state funding, to convene a Commission to End Gun Violence (commission).
3. Stated that the commission's membership must include recognized outside experts and stakeholders.
4. Provided that within one year of the commission's creation, it must issue a public report identifying which methods should be given priority for improving the implementation, coordination, and effectiveness of gun violence prevention laws and programs.
5. Stated that the report must also do the following:
6. Highlight best practices, propose strategies to replicate such practices, and identify gaps or barriers that would impede the successful replication of such practices;
7. Identify, evaluate, and strategize on how to plan coordination across different state and local agencies; and,
8. Included recommendations for improving best practices, implementation, and coordination for court, victim, health care, and law enforcement systematic responses to gun violence.

According to the Author

"AB 1252 codifies the Department of Justice's Office of Gun Violence Prevention in statute, and establishes a Commission to End Gun Violence, tasked with issuing a public report identifying top priorities to improve the implementation, coordination, and effectiveness of gun violence prevention-focused laws and programs.

"The Office of Gun Violence Prevention and the Commission to End Gun Violence can and should lead a strategic effort to foster more coordination and planning across different state and local agencies and help cement the new Office's central role in advising and shaping policy makers' responses to gun violence."

Arguments in Support

According to Brady United Against Gun Violence, “Over the last 30 years, California has been a shining example of how strong gun safety laws save lives, and the state has gone from having the third-highest gun death rate in the nation to the seventh-lowest. From the first-in-the-nation gun violence 1 restraining order to implementing a policy that makes the gun industry pay its fair share to fund community violence intervention and school safety programs, California’s efforts have shaped the gun safety movement. Assembly Bill 1252 (Wicks) is another important moment in California’s gun safety leadership, one that promises to shape the next decade of our nation’s effort to realize a world where all of us live in freedom from gun violence. GIFFORDS, Everytown for Gun Safety, Brady, and Brady California write to express our support for Assembly Bill 1252 (as proposed to be amended), which enshrines the Office of Gun Violence Prevention (OGVP) in statute, ensuring its critical work extends beyond any single administration…

“Importantly, AB 1252 codifies the role of the OGVP in 1) serving as a liaison to gun violence prevention stakeholders, 2) supporting the implementation, coordination, and effectiveness of gun violence prevention laws and programs, and 3) using data and policy reports that highlight best practices, identify policy gaps and barriers to success, and make recommendations to the Legislature and other stakeholders about strategies, policies, and priorities for preventing gun violence.

“Finally, AB 1252 ensures that California will quickly benefit from codifying the OGVP by requiring it to issue a groundbreaking report by July 1, 2026. This report will, among other things, ascertain gaps in our firearm tracing systems, improve the implementation of existing laws, and make recommendations to the legislature that ensure California remains on the cutting edge of gun safety policy innovation.

“In addition to the millions saved annually by helping to prevent future gun violence in our communities, we are confident that the OGVP can access existing funding streams, reducing any pressure on the state’s General Fund. In particular, the OGVP can be funded through subdivision (c)(5) of Section 36005 of the Revenue and Taxation Code, which provides up to $2.5 million in funding to the Department of Justice for the department to “support activities to inform firearm and ammunition purchasers and firearm owners about gun safety laws and responsibilities, such as safe firearm storage, and to promote implementation and coordination of gun violence prevention efforts through activities such as technical assistance, training, capacity building, and local gun violence data and problem analysis support for local governments, law enforcement agencies, community-based service providers, and other stakeholders.”

“Our organizations agree that California has the strongest gun safety laws in the nation. AB1252 ensures that California will continue to lead the gun safety movement for decades to come. We respectfully request that the California legislature pass AB 1252 and stand with us in our commitment to reducing gun violence and fostering a future where all Californians can live in freedom from gun violence. Thank you for your continued leadership on this critical, life-saving issue.”

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee:

Significant ongoing state costs (General Fun) to the DOJ of approximately $2 million or less. DOJ indicates that, in order for the Division of Law Enforcement (DLE), Bureau of Firearms (BOF) to implement the mandates of this bill, the following new permanent resources would be required, beginning January 1, 2025:

1. 1.0 Director (CEA, Range B) - The CEA will plan, implement and establish policy to reduce and prevent gun violence and assist with litigation strategy. This position is highly visible and the responsibilities have a significant role in the Attorney General's mission to serve the people of California in providing clear policies to promote effective efforts to reduce and prevent gun violence, firearm injuries and related traumas and promote research and data collection. The CEA will also serve as the principal legal adviser to the DLE Chief and Chief Deputy Attorney General on gun laws providing advice and counsel to assist with litigation strategy, regulations, and policies. Conduct thorough legal research to identify opportunities for proactive policy engagement.
2. 1.0 Staff Services Manager (SSM) I – As the Deputy Director, this resource will oversee the administrative staff and support functions of OGVP, including statistical reporting, planning and directing budget, fiscal monitoring and personnel operations. The Deputy Director will also assist with external facing outreach and meeting with stakeholder groups.
3. 2.0 Associate Governmental Program Analysts (AGPAs) - These positions will be necessary to fill the requirements of the bill, to support the Commission, establish program goals and makes decisions affecting operating procedures for OGVP. Establish and cultivate relationships with various state agency personnel, law enforcement and public safety organizations. Research policy matters and legislation at the request of the Director and Deputy Director. Assist in the preparation of the program report, develop proposals, fact sheets, program plans and other needed material.

DOJ also notes that the creation of the OGVP would require assistance from Department of Justice Research Services (DOJRS), within DOJ’s Office of General Counsel division, to perform a variety of complex assignments to advance the OGVP initiatives and improve gun violence prevention through the analysis of criminal justice datasets. To address the increase in workload, DOJRS would require additional resources to serve as leads in data collection and compilation tasks, complex statistical analysis, and assist with the production of the report. Additionally, they would work with external stakeholder groups that include law enforcement agencies, private research organizations, academia other state agencies to focus on particular research and evaluation issues. The following positions would be required beginning January 1, 2025 and ongoing

1. 1.0 Research Data Specialist (RDS) II - the RDS II would lead the research effort by creating a research program plan, selecting data collection methods, lead data collection efforts potentially including interviews, focus groups, listening sessions, and surveys, selecting relevant quantitative and qualitative analysis approaches, conduct complex analysis, interpreting the results, and providing findings and recommendations to relevant stakeholders via written reports, memos, and presentations. The RDS II would also be responsible for liaising with internal and external stakeholders to keep them apprised of findings and solicit feedback and drafting the results of their research for inclusion in the mandated report.
2. 1.0 Research Data Analyst (RDA) II - the RDA II would work with the Research Data Specialist II to support the research effort by conducting and synthesizing the extant empirical literature on the topic of gun violence prevention, supporting data collection efforts by programming surveys, recording and coding interviews, focus group, and listening session data, completing data entry, management, and organization, conducting simple and complex statistical and qualitative analysis, creating data visualizations to illustrate trends and findings, and writing up results. The RDA II would also be responsible for coordinating with participants and administrators to facilitate data collection.

VOTES:

ASM PUBLIC SAFETY: 6-0-2

YES: Jones-Sawyer, Bonta, Bryan, Ortega, Santiago, Zbur

ABS, ABST OR NV: Alanis, Lackey

ASM APPROPRIATIONS: 12-0-4

YES: Holden, Arambula, Wood, Calderon, Connolly, Mike Fong, Grayson, Haney, Hart, Lowenthal, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Megan Dahle, Dixon, Ta

ASSEMBLY FLOOR: 56-6-18

YES: Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Cervantes, Connolly, Davies, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO: Essayli, Vince Fong, Gallagher, Hoover, Joe Patterson, Wallis

ABS, ABST OR NV: Addis, Bonta, Wendy Carrillo, Chen, Megan Dahle, Dixon, Flora, Friedman, Holden, Jones-Sawyer, Lackey, Mathis, Jim Patterson, Luz Rivas, Sanchez, Ta, Villapudua, Waldron

UPDATED

VERSION: August 28, 2024

CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0005073

 THIRD READING  

Bill No: AB 1252

Author: Wicks (D) and Gabriel (D), et al.

Amended: 8/28/24 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 4-1, 6/25/24

AYES: Wahab, Bradford, Skinner, Wiener

NOES: Seyarto

SENATE APPROPRIATIONS COMMITTEE: 4-2, 8/15/24

AYES: Caballero, Ashby, Becker, Wahab

NOES: Jones, Seyarto

NO VOTE RECORDED: Bradford

ASSEMBLY FLOOR: 56-6, 1/25/24 - See last page for vote

SUBJECT: Office of Gun Violence Prevention

SOURCE: Author

DIGEST:

This bill establishes the Office of Gun Violence Prevention (OGVP) within the Department of Justice (DOJ), and outlines its responsibilities and key functions, which includes compiling a public report.

Senate Floor Amendments of 8/28/24 outline new roles for the OGVP to fulfill within the DOJ, while eliminating the creation of the Commission to End Gun Violence. The new roles include advising the Attorney General, acting as a liaison between gun stakeholders, and provide implementation. Also requires the OGVP to release a public report by July 1, 2026 relating to new developments and effective practices in gun violence prevention.

ANALYSIS:

Existing law:

1. Declares that too little is known about firearm violence and its prevention, that too little research has been done on firearm violence, and that California’s uniquely rich data related to firearm violence have made possible important, timely, policy-relevant research that cannot be conducted elsewhere. (Pen. Code, § 14230, subd. (e).)
2. States the intent of the Legislature to establish a center to research firearm-related violence and that the center, the Firearm Violence Research Center (FVRC) be administered by the University of California. (Penal (Pen.) Code, § 14231, subd. (a).)
3. States that interdisciplinary work of the FVRC shall address the following:
4. The nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator;
5. The individual, community, and societal consequences of firearm violence; and
6. Prevention and treatment of firearm violence at all societal levels. (Pen. Code, § 14231, subd. (a)(1).)
7. Provides that the FVRC shall also:
8. Conduct basic, translational, and transformative research with a mission to provide the scientific evidence on which sound firearm violence prevention policies and programs can be based. Its research shall include, but not be limited to, the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote the responsible ownership and use of firearms;
9. Work on a continuing basis with policymakers in the Legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs;
10. Help ensure a long-term and successful effort to understand and prevent firearm violence, the FVRC shall recruit and provide specialized training opportunities for new researchers, including experienced investigators in related fields who are beginning work on firearm violence, youth investigators who have completed their education, postdoctoral scholars, doctoral students, and undergraduates; and,
11. As a supplement to its own research, the FVRC may administer a small grant program for research on firearm violence. (Pen. Code, § 14231, subd. (a)(2)-(5).)
12. Establishes the California Violence Intervention and Prevention Grant Program (CalVIP) within the Board of State and Community Corrections (BSCC) to issue grants, until January 1, 2025, to hospital-based violence intervention programs, street outreach programs, and focused deterrence strategies that interrupt cycles of violence in order to reduce homicides, shootings, and aggravated assaults. (Pen. Code, § 14131.)
13. States that, in awarding CalVIP grants, the BSCC must give preference to applicants demonstrating the greatest likelihood of reducing violence, without also contributing to mass incarceration. (Pen. Code, § 14131, subd. (g).)
14. Outlines the DOJ’s responsibility to support activities to inform firearm and ammunition purchasers and firearm owners about gun safety laws and responsibilities (Revenue and Taxation Code 36005 (c)(5)).

This bill:

1. Codifies the OGVP within the DOJ.
2. Sets forth the following key functions and responsibilities of the OGVP:
   1. Advise the Attorney General on gun violence prevention related matters,
   2. Serve as a liaison to relevant stakeholders,
   3. Support the implementation, coordination, and effectiveness of gun violence prevention laws,
   4. Issue a public report on or before July 1, 2026,
   5. While collecting data for the report, OGVP must solicit input from recognized outside experts and stakeholders.
3. Requires the public report mentioned above to include the following information:
   1. Gaps in firearm tracing systems and recommendations to alleviate them,
   2. Recommendations to implement and improve permitting and licensing and registration frameworks to limit unsafe firearm access,
   3. Evaluations of policies to curb or eliminate irresponsible firearm industry practices,
   4. Identifications of gaps and barriers to success and proposing strategies to replicate best practices,
   5. Evaluations of coordination and strategic planning across state and local agencies,
   6. Best practice recommendations for improving implementation and coordination for gun violence responses,
   7. A five year strategic plan for reducing gun violence in California.
4. This report must be made publicly available by the OGVP within 60 days after completing the report.

Background

Office of Gun Violence Prevention (OGVP). On September 21, 2022, California’s Attorney General launched the OGVP so that the DOJ can assist in the implementation of strategic and innovative programs to reduce gun violence. (DOJ. Attorney General Bonta Launches Office of Gun Violence Prevention. (Sept. 21, 2022).) Currently, the OGVP’s stated mission is, “to reduce and prevent gun violence, firearm injury, and related trauma. OGVP will support DOJ’s ongoing gun violence reduction efforts led by the Bureau of Firearms and several litigation teams – including seizure of firearms from dangerous individuals using the Armed and Prohibited Persons System, Prosecution of firearms trafficking cases, and defense of California’s commonsense guns laws.” (DOJ. Office of Gun Violence Prevention.)

This bill would codify the existence of the OGVP, and also require it to convene a commission which would issue a report within one year of its creation that would improve the effectiveness of gun violence prevention-focused laws by identifying strategies to replicate best strategies, coordinate planning across different state and local agencies, and make recommendations for improving court, law enforcement, health care, and crime victim system responses to gun violence. Seeing as how the OGVP already exists, and the functions of the proposed commission seem to fall under the purview of the OGVP, creating the Commission to End Gun Violence could be duplicative of the already existing OGVP. This bill requires the proposed commission to convene and report on information that might already be maintained by the OGVP, thus possibly codifying two entities with very similar functions and purviews.

The California Firearm Violence and Research Act. In 2016, the Legislature passed the California Firearm Violence and Research Act declaring gun violence a significant public health problem in California and establishing the Firearm Violence and Research Center (FVRC) at UC Davis to “provide the scientific evidence on which sound firearm violence prevention policies and program can be based.” (AB 1602 (Committee on Budget), of the 2015-2016 Legislative Session, amended by AB 173 (Committee on Budget), of the 2021-2022 Legislative Session.) The principle work of the FVRC is researching the nature of firearm violence and its individual, community, and societal consequences. This work is done by experts in firearm policy in varied fields, “including medicine, epidemiology, statistics and biostatistics, criminology, the law, economics, and policy studies.” (https://health.ucdavis.edu/vprp/UCFC/index.html)

The difference between FVRC and OGVP appears to be the focus of their pursuits. Whereas the FVRC primarily focuses on research projects and publishing peer-reviewed literature, OGVP would create a plan for developing a new policy framework for addressing firearm violence.

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

According to the Senate Appropriations Committee:

Significant ongoing state costs (General Fun) to the DOJ of approximately $2 million or less. DOJ indicates that, in order for the Division of Law Enforcement (DLE), Bureau of Firearms (BOF) to implement the mandates of this bill, the following new permanent resources would be required, beginning January 1, 2025:

• 1.0 Director (CEA, Range B) - The CEA will plan, implement and establish policy to reduce and prevent gun violence and assist with litigation strategy. This position is highly visible and the responsibilities have a significant role in the Attorney General's mission to serve the people of California in providing clear policies to promote effective efforts to reduce and prevent gun violence, firearm injuries and related traumas and promote research and data collection. The CEA will also serve as the principal legal adviser to the DLE Chief and Chief Deputy Attorney General on gun laws providing advice and counsel to assist with litigation strategy, regulations, and policies. Conduct thorough legal research to identify opportunities for proactive policy engagement.
• 1.0 Staff Services Manager (SSM) I – As the Deputy Director, this resource will oversee the administrative staff and support functions of OGVP, including statistical reporting, planning and directing budget, fiscal monitoring and personnel operations. The Deputy Director will also assist with external facing outreach and meeting with stakeholder groups.
• 2.0 Associate Governmental Program Analysts (AGPAs) - These positions will be necessary to fill the requirements of the bill, to support the Commission, establish program goals and makes decisions affecting operating procedures for OGVP. Establish and cultivate relationships with various state agency personnel, law enforcement and public safety organizations. Research policy matters and legislation at the request of the Director and Deputy Director. Assist in the preparation of the program report, develop proposals, fact sheets, program plans and other needed material.

DOJ also notes that the creation of the OGVP would require assistance from Department of Justice Research Services (DOJRS), within DOJ’s Office of General Counsel division, to perform a variety of complex assignments to advance the OGVP initiatives and improve gun violence prevention through the analysis of criminal justice datasets. To address the increase in workload, DOJRS would require additional resources to serve as leads in data collection and compilation tasks, complex statistical analysis, and assist with the production of the report. Additionally, they would work with external stakeholder groups that include law enforcement agencies, private research organizations, academia and other state agencies to focus on particular research and evaluation issues. The following positions would be required beginning January 1, 2025 and ongoing:

• 1.0 Research Data Specialist (RDS) II - the RDS II would lead the research effort by creating a research program plan, selecting data collection methods, lead data collection efforts potentially including interviews, focus groups, listening sessions, and surveys, selecting relevant quantitative and qualitative analysis approaches, conduct complex analysis, interpreting the results, and providing findings and recommendations to relevant stakeholders via written reports, memos, and presentations. The RDS II would also be responsible for liaising with internal and external stakeholders to keep them apprised of findings and solicit feedback and drafting the results of their research for inclusion in the mandated report.
• 1.0 Research Data Analyst (RDA) II - the RDA II would work with the Research Data Specialist II to support the research effort by conducting and synthesizing the extant empirical literature on the topic of gun violence prevention, supporting data collection efforts by programming surveys, recording and coding interviews, focus group, and listening session data, completing data entry, management, and organization, conducting simple and complex statistical and qualitative analysis, creating data visualizations to illustrate trends and findings, and writing up results. The RDA II would also be responsible for coordinating with participants and administrators to facilitate data collection.

SUPPORT: (Verified 8/29/24)

Brady Campaign

California Alliance of Academics and Communities for Public Health Equity
California State PTA

Everytown for Gun Safety Action Fund

Moms Demand Action

OPPOSITION: (Verified 8/29/24)

None received

ARGUMENTS IN SUPPORT:

According to California Alliance of Academics and Communities for Public Health Equity:

The passage of AB 1252 (Wicks) should help to prioritize and improve the implementation, coordination, and effectiveness of California’s gun violence prevention-focused laws and programs.

[T]he establishment of a Commission to End Gun Violence will report on barriers to success and identify best practices, examine strategic planning across different state and local agencies, and recommend coordination among court, law enforcement, health care, and crime victim system responses to gun violence. CA Alliance supports AB 1252 (Wicks) and thanks you for working on issues of public safety.

ASSEMBLY FLOOR: 56-6, 1/25/24

AYES: Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Cervantes, Connolly, Davies, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Essayli, Vince Fong, Gallagher, Hoover, Joe Patterson, Wallis

NO VOTE RECORDED: Addis, Bonta, Wendy Carrillo, Chen, Megan Dahle, Dixon, Flora, Friedman, Holden, Jones-Sawyer, Lackey, Mathis, Jim Patterson, Luz Rivas, Sanchez, Ta, Villapudua, Waldron

Prepared by: John Duncan / PUB. S. /

8/29/24 16:35:24

**** END ****

 THIRD READING  

Bill No: AB 1252

Author: Wicks (D), et al.

Amended: 4/20/23 in Assembly

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 4-1, 6/25/24

AYES: Wahab, Bradford, Skinner, Wiener

NOES: Seyarto

SENATE APPROPRIATIONS COMMITTEE: 4-2, 8/15/24

AYES: Caballero, Ashby, Becker, Wahab

NOES: Jones, Seyarto

NO VOTE RECORDED: Bradford

ASSEMBLY FLOOR: 56-6, 1/25/24 - See last page for vote

SUBJECT: Office of Gun Violence Prevention

SOURCE: Author

DIGEST:

This bill establishes the Office of Gun Violence Prevention (OGVP) within the Department of Justice (DOJ), and contingent upon sufficient funding, requires the state to convene a Commission to End Gun Violence. This bill also requires the commission to submit a report reporting gun violence prevention, due one year after its founding.

ANALYSIS:

Existing law:

1. Declares that too little is known about firearm violence and its prevention, that too little research has been done on firearm violence, and that California’s uniquely rich data related to firearm violence have made possible important, timely, policy-relevant research that cannot be conducted elsewhere. (Pen. Code, § 14230, subd. (e).)
2. States the intent of the Legislature to establish a center to research firearm-related violence and that the center, the Firearm Violence Research Center (FVRC) be administered by the University of California. (Pen. Code, § 14231, subd. (a).)
3. States that interdisciplinary work of the FVRC shall address the following:
4. The nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator;
5. The individual, community, and societal consequences of firearm violence; and
6. Prevention and treatment of firearm violence at all societal levels. (Pen. Code, § 14231, subd. (a)(1).)
7. Provides that the FVRC shall also:
8. Conduct basic, translational, and transformative research with a mission to provide the scientific evidence on which sound firearm violence prevention policies and programs can be based. Its research shall include, but not be limited to, the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote the responsible ownership and use of firearms;
9. Work on a continuing basis with policymakers in the Legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs;
10. Help ensure a long-term and successful effort to understand and prevent firearm violence, the FVRC shall recruit and provide specialized training opportunities for new researchers, including experienced investigators in related fields who are beginning work on firearm violence, youth investigators who have completed their education, postdoctoral scholars, doctoral students, and undergraduates; and,
11. As a supplement to its own research, the FVRC may administer a small grant program for research on firearm violence. (Pen. Code, § 14231, subd. (a)(2)-(5).)
12. Establishes the California Violence Intervention and Prevention Grant Program (CalVIP) within the Board of State and Community Corrections (BSCC) to issue grants, until January 1, 2025, to hospital-based violence intervention programs, street outreach programs, and focused deterrence strategies that interrupt cycles of violence in order to reduce homicides, shootings, and aggravated assaults. (Pen. Code, § 14131.)
13. States that, in awarding CalVIP grants, the BSCC must give preference to applicants demonstrating the greatest likelihood of reducing violence, without also contributing to mass incarceration. (Pen. Code, § 14131, subd. (g).)

This bill:

1. Codifies the OGVP within the DOJ.
2. Establishes, contingent upon sufficient funding, the Commission to End Gun Violence within the OGVP composed of recognized outside experts and stakeholders.
3. Requires the Commission to End Gun Violence to submit a report to the public that identifies the top priorities to improve the implementation, coordination, and effectiveness of gun violence prevention-focused laws and programs. In doing so, the report shall:
4. Identify gaps and barriers to success, and highlight and propose strategies to replicate best practices;
5. Evaluate and identify coordination and strategic planning across different state and local agencies;
6. Include best practice recommendations for improving implementation and coordination in court, law enforcement, health care, and crime victim system responses to gun violence.

Background

Office of Gun Violence Prevention (OGVP). On September 21, 2022, California’s Attorney General launched the OGVP so that the DOJ can assist in the implementation of strategic and innovative programs to reduce gun violence. (DOJ. Attorney General Bonta Launches Office of Gun Violence Prevention. (Sept. 21, 2022).) Currently, the OGVP’s stated mission is, “to reduce and prevent gun violence, firearm injury, and related trauma. OGVP will support DOJ’s ongoing gun violence reduction efforts led by the Bureau of Firearms and several litigation teams – including seizure of firearms from dangerous individuals using the Armed and Prohibited Persons System, Prosecution of firearms trafficking cases, and defense of California’s commonsense guns laws.” (DOJ. Office of Gun Violence Prevention.)

This bill would codify the existence of the OGVP, and also require it to convene a commission which would issue a report within one year of its creation that would improve the effectiveness of gun violence prevention-focused laws by identifying strategies to replicate best strategies, coordinate planning across different state and local agencies, and make recommendations for improving court, law enforcement, health care, and crime victim system responses to gun violence. Seeing as how the OGVP already exists, and the functions of the proposed commission seem to fall under the purview of the OGVP, creating the Commission to End Gun Violence could be duplicative of the already existing OGVP. This bill requires the proposed commission to convene and report on information that might already be maintained by the OGVP, thus possibly codifying two entities with very similar functions and purviews.

The California Firearm Violence and Research Act. In 2016, the Legislature passed the California Firearm Violence and Research Act declaring gun violence a significant public health problem in California and establishing the Firearm Violence and Research Center (FVRC) at UC Davis to “provide the scientific evidence on which sound firearm violence prevention policies and program can be based.” (AB 1602 (Committee on Budget), of the 2015-2016 Legislative Session, amended by AB 173 (Committee on Budget), of the 2021-2022 Legislative Session.) The principle work of the FVRC is researching the nature of firearm violence and its individual, community, and societal consequences. This work is done by experts in firearm policy in varied fields, “including medicine, epidemiology, statistics and biostatistics, criminology, the law, economics, and policy studies.” (https://health.ucdavis.edu/vprp/UCFC/index.html)

The difference between FVRC and OGVP appears to be the focus of their pursuits. Whereas the FVRC primarily focuses on research projects and publishing peer-reviewed literature, OGVP would create a plan for developing a new policy framework for addressing firearm violence.

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

According to the Senate Appropriations Committee:

Significant ongoing state costs (General Fun) to the DOJ of approximately $2 million or less. DOJ indicates that, in order for the Division of Law Enforcement (DLE), Bureau of Firearms (BOF) to implement the mandates of this bill, the following new permanent resources would be required, beginning January 1, 2025:

• 1.0 Director (CEA, Range B) - The CEA will plan, implement and establish policy to reduce and prevent gun violence and assist with litigation strategy. This position is highly visible and the responsibilities have a significant role in the Attorney General's mission to serve the people of California in providing clear policies to promote effective efforts to reduce and prevent gun violence, firearm injuries and related traumas and promote research and data collection. The CEA will also serve as the principal legal adviser to the DLE Chief and Chief Deputy Attorney General on gun laws providing advice and counsel to assist with litigation strategy, regulations, and policies. Conduct thorough legal research to identify opportunities for proactive policy engagement.
• 1.0 Staff Services Manager (SSM) I – As the Deputy Director, this resource will oversee the administrative staff and support functions of OGVP, including statistical reporting, planning and directing budget, fiscal monitoring and personnel operations. The Deputy Director will also assist with external facing outreach and meeting with stakeholder groups.
• 2.0 Associate Governmental Program Analysts (AGPAs) - These positions will be necessary to fill the requirements of the bill, to support the Commission, establish program goals and makes decisions affecting operating procedures for OGVP. Establish and cultivate relationships with various state agency personnel, law enforcement and public safety organizations. Research policy matters and legislation at the request of the Director and Deputy Director. Assist in the preparation of the program report, develop proposals, fact sheets, program plans and other needed material.

DOJ also notes that the creation of the OGVP would require assistance from Department of Justice Research Services (DOJRS), within DOJ’s Office of General Counsel division, to perform a variety of complex assignments to advance the OGVP initiatives and improve gun violence prevention through the analysis of criminal justice datasets. To address the increase in workload, DOJRS would require additional resources to serve as leads in data collection and compilation tasks, complex statistical analysis, and assist with the production of the report. Additionally, they would work with external stakeholder groups that include law enforcement agencies, private research organizations, academia other state agencies to focus on particular research and evaluation issues. The following positions would be required beginning January 1, 2025 and ongoing:

• 1.0 Research Data Specialist (RDS) II - the RDS II would lead the research effort by creating a research program plan, selecting data collection methods, lead data collection efforts potentially including interviews, focus groups, listening sessions, and surveys, selecting relevant quantitative and qualitative analysis approaches, conduct complex analysis, interpreting the results, and providing findings and recommendations to relevant stakeholders via written reports, memos, and presentations. The RDS II would also be responsible for liaising with internal and external stakeholders to keep them apprised of findings and solicit feedback and drafting the results of their research for inclusion in the mandated report.
• 1.0 Research Data Analyst (RDA) II - the RDA II would work with the Research Data Specialist II to support the research effort by conducting and synthesizing the extant empirical literature on the topic of gun violence prevention, supporting data collection efforts by programming surveys, recording and coding interviews, focus group, and listening session data, completing data entry, management, and organization, conducting simple and complex statistical and qualitative analysis, creating data visualizations to illustrate trends and findings, and writing up results. The RDA II would also be responsible for coordinating with participants and administrators to facilitate data collection.

SUPPORT: (Verified 8/15/24)

California Alliance of Academics and Communities for Public Health Equity
California State PTA

OPPOSITION: (Verified 8/15/24)

None received.

ARGUMENTS IN SUPPORT:

According to California Alliance of Academics and Communities for Public Health Equity:

The passage of AB 1252 (Wicks) should help to prioritize and improve the implementation, coordination, and effectiveness of California’s gun violence prevention-focused laws and programs.

[T]he establishment of a Commission to End Gun Violence will report on barriers to success and identify best practices, examine strategic planning across different state and local agencies, and recommend coordination among court, law enforcement, health care, and crime victim system responses to gun violence. CA Alliance supports AB 1252 (Wicks) and thanks you for working on issues of public safety.

ASSEMBLY FLOOR: 56-6, 1/25/24

AYES: Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Cervantes, Connolly, Davies, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Essayli, Vince Fong, Gallagher, Hoover, Joe Patterson, Wallis

NO VOTE RECORDED: Addis, Bonta, Wendy Carrillo, Chen, Megan Dahle, Dixon, Flora, Friedman, Holden, Jones-Sawyer, Lackey, Mathis, Jim Patterson, Luz Rivas, Sanchez, Ta, Villapudua, Waldron

Prepared by: John Duncan / PUB. S. /

8/18/24 8:46:08

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 1252 (Wicks) - Office of Gun Violence Prevention

Bill Summary:

AB 1252 codifies the Office of Gun Violence Prevention (OGVP) within the Department of Justice (DOJ).

Fiscal Impact:

Significant ongoing state costs (General Fun) to the DOJ of approximately $2 million or less. DOJ indicates that, in order for the Division of Law Enforcement (DLE), Bureau of Firearms (BOF) to implement the mandates of this bill, the following new permanent resources would be required, beginning January 1, 2025:

• 1.0 Director (CEA, Range B) - The CEA will plan, implement and establish policy to reduce and prevent gun violence and assist with litigation strategy. This position is highly visible and the responsibilities have a significant role in the Attorney General's mission to serve the people of California in providing clear policies to promote effective efforts to reduce and prevent gun violence, firearm injuries and related traumas and promote research and data collection. The CEA will also serve as the principal legal adviser to the DLE Chief and Chief Deputy Attorney General on gun laws providing advice and counsel to assist with litigation strategy, regulations, and policies. Conduct thorough legal research to identify opportunities for proactive policy engagement.
• 1.0 Staff Services Manager (SSM) I – As the Deputy Director, this resource will oversee the administrative staff and support functions of OGVP, including statistical reporting, planning and directing budget, fiscal monitoring and personnel operations. The Deputy Director will also assist with external facing outreach and meeting with stakeholder groups.
• 2.0 Associate Governmental Program Analysts (AGPAs) - These positions will be necessary to fill the requirements of the bill, to support the Commission, establish program goals and makes decisions affecting operating procedures for OGVP. Establish and cultivate relationships with various state agency personnel, law enforcement and public safety organizations. Research policy matters and legislation at the request of the Director and Deputy Director. Assist in the preparation of the program report, develop proposals, fact sheets, program plans and other needed material.

DOJ also notes that the creation of the OGVP would require assistance from Department of Justice Research Services (DOJRS), within DOJ’s Office of General Counsel division, to perform a variety of complex assignments to advance the OGVP initiatives and improve gun violence prevention through the analysis of criminal justice datasets. To address the increase in workload, DOJRS would require additional resources to serve as leads in data collection and compilation tasks, complex statistical analysis, and assist with the production of the report. Additionally, they would work with external stakeholder groups that include law enforcement agencies, private research organizations, academia other state agencies to focus on particular research and evaluation issues. The following positions would be required beginning January 1, 2025 and ongoing:

• 1.0 Research Data Specialist (RDS) II - the RDS II would lead the research effort by creating a research program plan, selecting data collection methods, lead data collection efforts potentially including interviews, focus groups, listening sessions, and surveys, selecting relevant quantitative and qualitative analysis approaches, conduct complex analysis, interpreting the results, and providing findings and recommendations to relevant stakeholders via written reports, memos, and presentations. The RDS II would also be responsible for liaising with internal and external stakeholders to keep them apprised of findings and solicit feedback and drafting the results of their research for inclusion in the mandated report.
• 1.0 Research Data Analyst (RDA) II - the RDA II would work with the Research Data Specialist II to support the research effort by conducting and synthesizing the extant empirical literature on the topic of gun violence prevention, supporting data collection efforts by programming surveys, recording and coding interviews, focus group, and listening session data, completing data entry, management, and organization, conducting simple and complex statistical and qualitative analysis, creating data visualizations to illustrate trends and findings, and writing up results. The RDA II would also be responsible for coordinating with participants and administrators to facilitate data collection.

Background:

In September 2022, DOJ launched the OGVP, a unit within DOJ focused on gun violence prevention. According to its website, the OGVP focuses on promoting research and data collection, increasing awareness of effective legal and policy strategies, and collaborating with federal, state, and local partners.

Proposed Law:

This bill codifies the OGVP in the Penal Code and, contingent on sufficient state funding, requires the OGVP to convene a Commission to End Gun Violence of experts and stakeholders. Within one year of the Commission’s creation, it must issue a public report identifying top priorities to improve the implementation, coordination, and effectiveness of laws and programs to prevent gun violence

Related Legislation:

AB 2253 (Bonta), of the 2021-2022 Legislative Session, would have established the Office of Gun Violence Prevention within the DOJ to address gun violence as a public health crisis and develop a strategy for incorporating a public health approach to address gun violence. AB 2253 was held in the Assembly Appropriations Committee.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 1252 Hearing Date: June 25, 2024

Subject: Office of Gun Violence Prevention

HISTORY

Source: Author

Prior Legislation: AB 2253 (Bonta), held in Assembly Appropriations, 2022.

AB 173 (Ting), Chapter 253, Statutes of 2021.

AB 1603 (Wicks), Chapter 735, Statutes of 2019.

SB 746 (DeSaulnier), held in Senate Rules, 2009.

Support: California Alliance of Academics and Communities for Public Health Equity (public Health Institute), and California State PTA

Opposition: None known

Assembly Floor Vote: 56 - 6

PURPOSE

The purpose of this bill is to establish the Office of Gun Violence Prevention (OGVP) within the Department of Justice (DOJ), and contingent upon sufficient funding, requires the state to convene a Commission to End Gun Violence. This bill also requires the commission to submit a report reporting gun violence prevention, due one year after its founding.

Existing law declares that too little is known about firearm violence and its prevention, that too little research has been done on firearm violence, and that California’s uniquely rich data related to firearm violence have made possible important, timely, policy-relevant research that cannot be conducted elsewhere. (Pen. Code, § 14230, subd. (e).)

Existing law states the intent of the Legislature to establish a center to research firearm-related violence and that the center, the Firearm Violence Research Center (FVRC) be administered by the University of California. (Pen. Code, § 14231, subd. (a).)

Existing law states that interdisciplinary work of the FVRC shall address the following:

• The nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator;
• The individual, community, and societal consequences of firearm violence; and
• Prevention and treatment of firearm violence at all societal levels. (Pen. Code, § 14231, subd. (a)(1).)

Existing law provides that the FVRC shall also:

• Conduct basic, translational, and transformative research with a mission to provide the scientific evidence on which sound firearm violence prevention policies and programs can be based. Its research shall include, but not be limited to, the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote the responsible ownership and use of firearms.
• Work on a continuing basis with policymakers in the Legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs;
• To help ensure a long-term and successful effort to understand and prevent firearm violence, the FVRC shall recruit and provide specialized training opportunities for new researchers, including experienced investigators in related fields who are beginning work on firearm violence, youth investigators who have completed their education, postdoctoral scholars, doctoral students, and undergraduates; and,
• As a supplement to its own research, the FVRC may administer a small grant program for research on firearm violence. (Pen. Code, § 14231, subd. (a)(2)-(5).)

Existing law establishes the California Violence Intervention and Prevention Grant Program (CalVIP) within the Board of State and Community Corrections (BSCC) to issue grants, until January 1, 2025, to hospital-based violence intervention programs, street outreach programs, and focused deterrence strategies that interrupt cycles of violence in order to reduce homicides, shootings, and aggravated assaults. (Pen. Code, § 14131.)

Existing law states that, in awarding CalVIP grants, the BSCC must give preference to applicants demonstrating the greatest likelihood of reducing violence, without also contributing to mass incarceration. (Pen. Code, § 14131, subd. (g).)

This bill establishes the OGVP within the DOJ.

This bill establishes, contingent upon sufficient funding, the Commission to End Gun Violence within the OGVP composed of recognized outside experts and stakeholders.

This bill requires the Commission to End Gun Violence to submit a report to the public that identifies the top priorities to improve the implementation, coordination, and effectiveness of gun violence prevention-focused laws and programs. In doing so, the report shall:

• Identify gaps and barriers to success, and highlight and propose strategies to replicate best practices;
• Evaluate and identify coordination and strategic planning across different state and local agencies;
• Include best practice recommendations for improving implementation and coordination in court, law enforcement, health care, and crime victim system responses to gun violence.

COMMENTS

1. Need for This Bill

According to the Author:

In 2022, Attorney General Rob Bonta established the Office of Gun Violence Prevention within the Department of Justice. AB 1252 codifies this Office in statute, tasked to foster more coordination and planning across different state and local agencies and play a central role in advising and shaping policy makers’ responses to gun violence.

California has enacted more gun safety legislation than any other state and as a result, has much more significant challenges and responsibilities to ensure robust and effective implementation and coordination of its many vital laws and programs. The legislature continues to introduce a large number of gun safety bills, including many important proposed reforms but also proposals with less evidentiary backing and/or more significant litigation risk. There is need and opportunity for more policy expertise and executive branch input to identify top priorities among these many proposals.

1. Office of Gun Violence Prevention (OGVP)

On September 21, 2022, California’s Attorney General launched the OGVP so that the DOJ can assist in the implementation of strategic and innovative programs to reduce gun violence. (DOJ. Attorney General Bonta Launches Office of Gun Violence Prevention. (Sept. 21, 2022).) Currently, the OGVP’s stated mission is, “to reduce and prevent gun violence, firearm injury, and related trauma. OGVP will support DOJ’s ongoing gun violence reduction efforts led by the Bureau of Firearms and several litigation teams – including seizure of firearms from dangerous individuals using the Armed and Prohibited Persons System, Prosecution of firearms trafficking cases, and defense of California’s commonsense guns laws.” (DOJ. Office of Gun Violence Prevention.)

This bill would codify the existence of the OGVP, and also require it to convene a commission which would issue a report within one year of its creation that would improve the effectiveness of gun violence prevention-focused laws by identifying strategies to replicate best strategies, coordinate planning across different state and local agencies, and make recommendations for improving court, law enforcement, health care, and crime victim system responses to gun violence. Seeing as how the OGVP already exists, and the functions of the proposed commission seem to fall under the purview of the OGVP, creating the Commission to End Gun Violence could be duplicative of the already existing OGVP. This bill requires the proposed commission to convene and report on information that might already be maintained by the OGVP, thus possibly codifying two entities with very similar functions and purviews.

1. The California Firearm Violence and Research Act

In 2016, the Legislature passed the California Firearm Violence and Research Act declaring gun violence a significant public health problem in California and establishing the Firearm Violence and Research Center (FVRC) at UC Davis to “provide the scientific evidence on which sound firearm violence prevention policies and program can be based.” (AB 1602 (Committee on Budget), of the 2015-2016 Legislative Session, amended by AB 173 (Committee on Budget), of the 2021-2022 Legislative Session.) The principle work of the FVRC is researching the nature of firearm violence and its individual, community, and societal consequences. This work is done by experts in firearm policy in varied fields, “including medicine, epidemiology, statistics and biostatistics, criminology, the law, economics, and policy studies.” (https://health.ucdavis.edu/vprp/UCFC/index.html)

The difference between FVRC and OGVP appears to be the focus of their pursuits. Whereas the FVRC primarily focuses on research projects and publishing peer-reviewed literature, OGVP would create a plan for developing a new policy framework for addressing firearm violence.

1. Argument in Support

According to California Alliance of Academics and Communities for Public Health Equity:

The passage of AB 1252 (Wicks) should help to prioritize and improve the implementation, coordination, and effectiveness of California’s gun violence prevention-focused laws and programs.

[T]he establishment of a Commission to End Gun Violence will report on barriers to success and identify best practices, examine strategic planning across different state and local agencies, and recommend coordination among court, law enforcement, health care, and crime victim system responses to gun violence. CA Alliance supports AB 1252 (Wicks) and thanks you for working on issues of public safety.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 1252

Author:(Wicks)

As Amended Ver:April 20, 2023

Majority vote

SUMMARY

Creates the Office of Gun Violence Prevention (OGVP) within the Department of Justice (DOJ) to study and issue a public report on improving the implementation, coordination, and efficacy of gun violence prevention laws.

Major Provisions

1. Establishes the OGVP within the DOJ.
2. Requires the OGVP, contingent upon sufficient state funding, to convene a Commission to End Gun Violence (commission).
3. States that the commission's membership must include recognized outside experts and stakeholders.
4. Provides that within one year of the commission's creation, it must issue a public report identifying which methods should be given priority for improving the implementation, coordination, and effectiveness of gun violence prevention laws and programs.
5. States that the report must also do the following:
6. Highlight best practices, propose strategies to replicate such practices, and identify gaps or barriers that would impede the successful replication of such practices;
7. Identify, evaluate, and strategize on how to plan coordination across different state and local agencies; and,
8. Include recommendations for improving best practices, implementation, and coordination for court, victim, health care, and law enforcement systematic responses to gun violence.

COMMENTS

Codifying the OGVP: On September 21, 2022, California's Attorney General launched the OGVP so that the DOJ can assist in the implementation of strategic and innovative programs to reduce gun violence. (DOJ. Attorney General Bonta Launches Office of Gun Violence Prevention. (Sept. 21, 2022) [https://oag.ca.gov/news/press-releases/attorney-general-bonta-launches-office-gun-violence-prevention] [as of Apr. 10, 2023].) Currently, the OGVP's stated mission is, "to reduce and prevent gun violence, firearm injury, and related trauma. OGVP will support DOJ's ongoing gun violence reduction efforts led by the Bureau of Firearms and several litigation teams – including seizure of firearms from dangerous individuals using the Armed and Prohibited Persons System, Prosecution of firearms trafficking cases, and defense of California's commonsense guns laws." (DOJ. Office of Gun Violence Prevention. [https://oag.ca.gov/ogvp> [as of Apr. 10, 2023].)

This bill would codify the existence of the OGVP, and also require it to convene a commission which would issue a report within one year of its creation that would improve the effectiveness of gun violence prevention-focused laws by identifying strategies to replicate best strategies, coordinate planning across different state and local agencies, and make recommendations for improving court, law enforcement, health care, and crime victim system responses to gun violence. As the OGVP already exists and already has certain functions, could this bill's language requiring a commission be convened and a report be issued change the nature of the current OGVP?

Furthermore, does this bill duplicate existing programs? In 2016, the Legislature passed the California Firearm Violence and Research Act declaring gun violence a significant public health problem in California and establishing the FVRC at UC Davis to "provide the scientific evidence on which sound firearm violence prevention policies and program can be based." (AB 1602 (Committee on Budget), of the 2015-2016 Legislative Session, amended by AB 173 (Committee on Budget), of the 2021-2022 Legislative Session.) The principle work of FVRC is researching the nature of firearm violence and its individual, community, and societal consequences. This work is done by experts in firearm policy in varied fields, "including medicine, epidemiology, statistics and biostatistics, criminology, the law, economics, and policy studies." [https://health.ucdavis.edu/vprp/UCFC/index.html]

The difference between FVRC and OGVP appears to be the focus of their pursuits. Whereas FVRC primarily focuses on research projects and publishing peer-reviewed literature, OGVP would create a plan for developing a new policy framework for addressing firearm violence.

According to the Author

"AB 1252 codifies the Department of Justice's Office of Gun Violence Prevention in statute, and establishes a Commission to End Gun Violence, tasked with issuing a public report identifying top priorities to improve the implementation, coordination, and effectiveness of gun violence prevention-focused laws and programs.

"The Office of Gun Violence Prevention and the Commission to End Gun Violence can and should lead a strategic effort to foster more coordination and planning across different state and local agencies and help cement the new Office's central role in advising and shaping policy makers' responses to gun violence."

Arguments in Support

None on file.

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriation Committee:

1. Costs (General Fund) of an unknown but likely significant amount to fund the Commission. Upon appropriation of funding, this bill requires DOJ to convene the Commission and requires the Commission to issue a public report within one year. The bill does not provide further information about the scope of the Commission's activities. The author of the bill submitted a one-time budget request of $1 million for the Commission.
2. Costs (General Fund) to DOJ of an unknown but potentially significant amount to operate the OGVP. The bill establishes the OGVP in statute but, aside from convening the Commission, does not specify the OGVP's duties, so associated costs cannot be predicted.

VOTES

ASM PUBLIC SAFETY: 6-0-2

YES: Jones-Sawyer, Bonta, Bryan, Ortega, Santiago, Zbur

ABS, ABST OR NV: Alanis, Lackey

ASM APPROPRIATIONS: 12-0-4

YES: Holden, Arambula, Wood, Calderon, Connolly, Mike Fong, Grayson, Haney, Hart, Lowenthal, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Megan Dahle, Dixon, Ta

UPDATED

VERSION: April 20, 2023

CONSULTANT: Mureed Rasool / PUB. S. / (916) 319-3744 FN: 0002588

Date of Hearing: January 18, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1252

Author:(Wicks) – As Amended Ver:April 20, 2023

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

SUMMARY:

This bill establishes in statute the Office of Gun Violence Prevention (OGVP) within the Department of Justice (DOJ), and, contingent on funding, requires the OGVP to convene a Commission to End Gun Violence (Commission) to issue a public report about top priorities for gun violence prevention.

FISCAL EFFECT:

1. Costs (General Fund) of an unknown but likely significant amount to fund the Commission. Upon appropriation of funding, this bill requires DOJ to convene the Commission and requires the Commission to issue a public report within one year. The bill does not provide further information about the scope of the Commission’s activities. The author of the bill submitted a one-time budget request of $1 million for the Commission.
2. Costs (General Fund) to DOJ of an unknown but potentially significant amount to operate the OGVP. The bill establishes the OGVP in statute but, aside from convening the Commission, does not specify the OGVP’s duties, so associated costs cannot be predicted.

COMMENTS:

1. Author’s Statement. According to the author:

AB 1252 codifies the Department of Justice’s Office of Gun Violence Prevention in statute, and establishes a Commission to End Gun Violence, tasked with issuing a public report identifying top priorities to improve the implementation, coordination, and effectiveness of gun violence prevention-focused laws and programs.

1. Background. In September 2022, DOJ launched the OGVP, a unit within DOJ focused on gun violence prevention. To that end, according to its website, the OGVP focuses on promoting research and data collection, increasing awareness of effective legal and policy strategies, and collaborating with federal, state, and local partners.

This bill codifies the OGVP in the Penal Code and, contingent on sufficient state funding, requires the OGVP to convene a Commission to End Gun Violence of experts and stakeholders. Within one year of the Commission’s creation, it must issue a public report identifying top priorities to improve the implementation, coordination, and effectiveness of laws and programs to prevent gun violence. The bill specifies other related topics to be covered in the Commission’s report.

1. Prior Legislation. AB 2253 (Bonta), of the 2021-2022 Legislative Session, would have established the Office of Gun Violence Prevention within DOJ to address gun violence as a public health crisis and develop a strategy for incorporating a public health approach to address gun violence. AB 2253 was held on suspense in this committee.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: May 10, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1252

Author:(Wicks) – As Amended Ver:April 20, 2023

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

SUMMARY:

This bill establishes in statute the Office of Gun Violence Prevention (OGVP) within the Department of Justice (DOJ), and, contingent on funding, requires the OGVP to convene a Commission to End Gun Violence (Commission) to issue a public report about top priorities for gun violence prevention.

FISCAL EFFECT:

1. Costs (General Fund) of an unknown but likely significant amount to fund the Commission. Upon appropriation of funding, this bill requires DOJ to convene the Commission and requires the Commission to issue a public report within one year. The bill does not provide further information about the scope of the Commission’s activities. The author of the bill submitted a one-time budget request of $1 million for the Commission.
2. Costs (General Fund) to DOJ of an unknown but potentially significant amount to operate the OGVP. The bill establishes the OGVP in statute but, aside from convening the Commission, does not specify the OGVP’s duties, so associated costs cannot be predicted.

COMMENTS:

1. Author’s Statement. According to the author:

AB 1252 codifies the Department of Justice’s Office of Gun Violence Prevention in statute, and establishes a Commission to End Gun Violence, tasked with issuing a public report identifying top priorities to improve the implementation, coordination, and effectiveness of gun violence prevention-focused laws and programs.

1. Background. In September 2022, DOJ launched the OGVP, a unit within DOJ focused on gun violence prevention. To that end, according to its website, the OGVP focuses on promoting research and data collection, increasing awareness of effective legal and policy strategies, and collaborating with federal, state, and local partners.

This bill codifies the OGVP in the Penal Code and, contingent on sufficient state funding, requires the OGVP to convene a Commission to End Gun Violence of experts and stakeholders. Within one year of the Commission’s creation, it must issue a public report identifying top priorities to improve the implementation, coordination, and effectiveness of laws and programs to prevent gun violence. The bill specifies other related topics to be covered in the Commission’s report.

1. Related Legislation. AB 912 (Jones-Sawyer) would, in relevant part, create within the DOJ the Violence Reduction Grant Program to provide grants to evidence-based programs seeking to preemptively reduce and eliminate violence and gang involvement. AB 912 is pending in this committee.

AB 762 (Wicks) would repeal the sunset date for the California Violence Intervention and Prevention Program. AB 762 is pending in this committee.

SB 266 (Newman) would require the Board of State and Community Corrections, upon appropriation by the Legislature, to administer public safety collaborative grants from the fund to regional public safety collaboratives established for violence prevention, intervention, and suppression activities. SB 266 is pending in the Senate Appropriations Committee.

1. Prior Legislation. AB 2253 (Bonta), of the 2021-2022 Legislative Session, would have established the Office of Gun Violence Prevention within DOJ to address gun violence as a public health crisis and develop a strategy for incorporating a public health approach to address gun violence. AB 2253 was held on suspense in this committee.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: April 18, 2023

Counsel: Mureed Rasool

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

As Proposed to be Amended in Committee

SUMMARY:

Creates the Office of Gun Violence Prevention (OGVP) within the Department of Justice (DOJ) to study and issue a public report on improving the implementation, coordination, and efficacy of gun violence prevention laws. Specifically, this bill:

1. Establishes the OGVP within the DOJ.
   
2. Requires the OGVP, contingent upon sufficient state funding, to convene a Commission to End Gun Violence (commission).
   
3. States that the commission’s membership must include recognized outside experts and stakeholders.
   
4. Provides that within one year of the commission’s creation, it must issue a public report identifying which methods should be given priority for improving the implementation, coordination, and effectiveness of gun violence prevention laws and programs.
   
5. States that the report must also do the following:
   
6. Highlight best practices, propose strategies to replicate such practices, and identify gaps or barriers that would impede the successful replication of such practices;
   
7. Identify, evaluate, and strategize on how to plan coordination across different state and local agencies; and,
   
8. Include recommendations for improving best practices, implementation, and coordination for court, victim, health care, and law enforcement systematic responses to gun violence.

EXISTING LAW:

1. Declares that too little is known about firearm violence and its prevention, that too little research has been done on firearm violence, and that California’s uniquely rich data related to firearm violence have made possible important, timely, policy-relevant research that cannot be conducted elsewhere. (Pen. Code, § 14230, subd. (e).)
   
2. States the intent of the Legislature to establish a center to research firearm-related violence and that the center, the Firearm Violence Research Center (FVRC) be administered by the University of California. (Pen. Code, § 14231, subd. (a).)
   
3. States that interdisciplinary work of the FVRC shall address the following:
   
4. The nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator;
   
5. The individual, community, and societal consequences of firearm violence; and
   
6. Prevention and treatment of firearm violence at all societal levels. (Pen. Code, § 14231, subd. (a)(1).)
   
7. Provides that the FVRC shall also:
   
8. Conduct basic, translational, and transformative research with a mission to provide the scientific evidence on which sound firearm violence prevention policies and programs can be based. Its research shall include, but not be limited to, the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote the responsible ownership and use of firearms.
   
9. Work on a continuing basis with policymakers in the Legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs;
   
10. To help ensure a long-term and successful effort to understand and prevent firearm violence, the FVRC shall recruit and provide specialized training opportunities for new researchers, including experienced investigators in related fields who are beginning work on firearm violence, youth investigators who have completed their education, postdoctoral scholars, doctoral students, and undergraduates; and,
    
11. As a supplement to its own research, the FVRC may administer a small grant program for research on firearm violence. (Pen. Code, § 14231, subd. (a)(2)-(5).)
    
12. Establishes the California Violence Intervention and Prevention Grant Program (CalVIP) within the Board of State and Community Corrections (BSCC) to issue grants, until January 1, 2025, to hospital-based violence intervention programs, street outreach programs, and focused deterrence strategies that interrupt cycles of violence in order to reduce homicides, shootings, and aggravated assaults. (Pen. Code, § 14131.)
    
13. States that, in awarding CalVIP grants, the BSCC must give preference to applicants demonstrating the greatest likelihood of reducing violence, without also contributing to mass incarceration. (Pen. Code, § 14131, subd. (g).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “AB 1252 codifies the Department of Justice’s Office of Gun Violence Prevention in statute, and establishes a Commission to End Gun Violence, tasked with issuing a public report identifying top priorities to improve the implementation, coordination, and effectiveness of gun violence prevention-focused laws and programs.

“The Office of Gun Violence Prevention and the Commission to End Gun Violence can and should lead a strategic effort to foster more coordination and planning across different state and local agencies and help cement the new Office’s central role in advising and shaping policy makers’ responses to gun violence.”

1. Gun Violence in California: The amount of gun violence in California is relatively low compared to other states. In 2019, California’s firearm mortality rate was 7.22 deaths per 100,000 people. (John Hopkins Center for Gun Violence Solultions. California Gun Deaths: 2019. [last viewed Apr. 10, 2023].) As such, California has one of the lowest rates of firearm mortality in the country—ranking 44th out of the 50 states. (DOJ Office of Gun Violence Prevention. Do California’s Gun Safety Laws Work? <https://oag.ca.gov/ogvp/data> [as of Apr. 10, 2023].)
   
   Although California’s firearm mortality rate has generally been low on a national level, it far exceeds the firearm mortality rate of most developed countries. In 2019, the firearm mortality rate for the United Kingdom was 0.2, Canada’s was 2.4, Germany’s was 1.2, France’s was 3.2, and India’s was 1.1. (U.S. News. Guns: U.S. Remains an Outlier in Firearm Possession, Gun-Related Deaths. (Jan. 30, 2023) <https://www.usnews.com/news/best-countries/articles/2023-01-30/how-the-u-s-compares-to-the-world-on-guns> [as of Apr. 10, 2023].) California’s firearm mortality rate is more on par with countries such as the Philippines (8.3), South Africa (6.5), Iraq (10.5), and Argentina (7.3). (Ibid.)
   
   This bill seeks to lay the foundation for shifting the state’s focus when addressing gun violence from a criminal justice approach to a data-driven public health one. (See The Education Fund to Stop Gun Violence, Public Health Approach to Gun Violence Prevention <https://efsgv.org/learn/learn-more-about-gun-violence/public-health-approach-to-gun-violence-prevention/> [last visited Apr. 10, 2023].)
   
2. Codifying the OGVP: On September 21, 2022, California’s Attorney General launched the OGVP so that the DOJ can assist in the implementation of strategic and innovative programs to reduce gun violence. (DOJ. Attorney General Bonta Launches Office of Gun Violence Prevention. (Sept. 21, 2022) <https://oag.ca.gov/news/press-releases/attorney-general-bonta-launches-office-gun-violence-prevention> [as of Apr. 10, 2023].) Currently, the OGVP’s stated mission is, “to reduce and prevent gun violence, firearm injury, and related trauma. OGVP will support DOJ’s ongoing gun violence reduction efforts led by the Bureau of Firearms and several litigation teams – including seizure of firearms from dangerous individuals using the Armed and Prohibited Persons System, Prosecution of firearms trafficking cases, and defense of California’s commonsense guns laws.” (DOJ. Office of Gun Violence Prevention. <https://oag.ca.gov/ogvp> [as of Apr. 10, 2023].)
   
   This bill would codify the existence of the OGVP, and also require it to convene a commission which would issue a report within one year of its creation that would improve the effectiveness of gun violence prevention-focused laws by identifying strategies to replicate best strategies, coordinate planning across different state and local agencies, and make recommendations for improving court, law enforcement, health care, and crime victim system responses to gun violence. As the OGVP already exists and already has certain functions, could this bill’s language requiring a commission be convened and a report be issued change the nature of the current OGVP?
   
   Furthermore, does this bill duplicate existing programs? In 2016, the Legislature passed the California Firearm Violence and Research Act declaring gun violence a significant public health problem in California and establishing the FVRC at UC Davis to “provide the scientific evidence on which sound firearm violence prevention policies and program can be based.” (AB 1602 (Committee on Budget), of the 2015-2016 Legislative Session, amended by AB 173 (Committee on Budget), of the 2021-2022 Legislative Session.) The principle work of FVRC is researching the nature of firearm violence and its individual, community, and societal consequences. This work is done by experts in firearm policy in varied fields, “including medicine, epidemiology, statistics and biostatistics, criminology, the law, economics, and policy studies.” (https://health.ucdavis.edu/vprp/UCFC/index.html)
   
   The difference between FVRC and OGVP appears to be the focus of their pursuits. Whereas FVRC primarily focuses on research projects and publishing peer-reviewed literature, OGVP would create a plan for developing a new policy framework for addressing firearm violence.
   
3. Argument in Support: None received.
   
4. Argument in Opposition: None received.
   
5. Related Legislation:
   
   1. AB 912 (Jones-Sawyer), would, among other things, create within the DOJ the Violence Reduction Grant Program, which would provide grants to evidence-based programs seeking to preemptively reduce and eliminate violence and gang involvement. AB 912 is currently pending hearing in the Assembly Education Committee.
      
   2. AB 762 (Wicks), would repeal the sunset date for the California Violence Intervention and Prevention Program. AB 762 is currently pending hearing in the Assembly Public Safety Committee.
      
   3. SB 266 (Newman), would create the Public Safety Collaborative Fund in the State Treasury. SB 266 would require the board, upon appropriation by the Legislature, to administer public safety collaborative grants from the fund to regional public safety collaboratives established for violence prevention, intervention, and suppression activities. SB 266 is pending hearing in the Senate Public Safety Committee.
      
6. Prior Legislation:
   
   1. AB 2253 (Bonta), of the 2021-2022 Legislative Session, would have established the Office of Gun Violence Prevention within the DOJ to address gun violence as a public health crisis and develop a strategy for incorporating a public health approach to address gun violence. AB 2253 was held in the Assembly Appropriations Committee.
      
   2. AB 173 (Ting), Chapter 253, Statutes of 2021, among other things, authorized the California Firearm Violence Research Center at UC Davis to be provided information on gun violence for research purposes.
      
   3. AB 1603 (Wicks), Chapter 735, Statutes of 2019, required the Board of State and Community Corrections (BSCC) to administer California Violence Intervention and Prevention Grant Program (CalVIP), a program which seeks to reduce the incidence of homicides, shootings, and aggravated assaults by supporting and replicating evidence-based violence reduction practices.
      
   4. SB 746 (DeSaulnier), of the 2009-2010 Legislative Session, would have expressed the intent of the Legislature to create the Gun Safety Board within the Department of Public Health to implement strategies to reduce gun violence and accidental shootings. SB 746 was not assigned by the Senate Rules Committee to a policy committee.

REGISTERED SUPPORT / OPPOSITION:

Support

None.

Opposition

None.

Analysis Prepared by: