AB 327: Criminal justice: crime statistics.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-03-08
Current Status:
Failed
(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill requires the California Department of Justice to finish moving all state crime reporting from summary counts to the FBI’s incident-based reporting system by January 1, 2025. It also requires local and state law enforcement and criminal justice agencies to set up and maintain incident-level records and provide that data to the Department of Justice.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the Department of Justice to supply to the federal government with criminal statistics data, as specified. Existing law requires local law enforcement agencies, as specified, to provide the Department of Justice with criminal statistics, as requested. Existing law required the Department of Justice to report to the Legislature on the progress on reporting of crime statistics data to the federal government in compliance with the federal National Incident-Based Reporting System.
This bill would require the Department of Justice to complete the transition of all reporting of crime data to the National Incident-Based Reporting System by January 1, 2025, and would require local law enforcement agencies to provide the necessary data to complete this transition.
By requiring local agencies to provide updated statistical data, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Department of Justice to supply to the federal government with criminal statistics data, as specified. Existing law requires local law enforcement agencies, as specified, to provide the Department of Justice with criminal statistics, as requested. Existing law required the Department of Justice to report to the Legislature on the progress on reporting of crime statistics data to the federal government in compliance with the federal National Incident-Based Reporting System.
This bill would require the Department of Justice to complete the transition of all reporting of crime data to the National Incident-Based Reporting System and would require local law enforcement agencies to provide the necessary data to complete this transition.
By requiring local agencies to provide updated statistical data, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Legislature finds and declares both of the following:
(a)Accurate, detailed, and comprehensive data about crime can help law enforcement agencies, communities, researchers, and public leaders make well-informed decisions that support public safety.
(b)It is the intent of the legislature Legislature that all state and local law enforcement agencies will provide incident-based crime data to the Department of Justice for submission to the Federal Bureau of Investigation.
SEC. 2.Section 13010 of the Penal Code is amended to read:13010.It shall be the duty of the department:
(a)To collect data necessary for the work of the department from all persons and agencies mentioned in Section 13020 and from any other appropriate source.
(b)To prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
(c)To recommend the form and content of records that must be kept by those persons and agencies in order to ensure the correct reporting of data to the department.
(d)To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department.
(e)To process, tabulate, analyze, and interpret the data collected from those persons and agencies.
(f)To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
(g)To make available to the public, through the departments OpenJustice Web portal, information relating to criminal statistics, to be updated at least once per year, and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of a downloadable summary of this information shall be annually prepared to enable the Attorney General to send a copy to the Governor and to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This subdivision shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
(h)To periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
(i)To complete the transition of all of Californias crime data from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System. System by January 1, 2025.
SEC. 3.Section 13020 of the Penal Code is amended to read:13020.It shall be the duty of every city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney attorney, and city prosecutor having criminal jurisdiction, probation officer, county board of parole commissioners, work furlough administrator, the Department of Justice, Health and Welfare Agency, Department of Corrections, Department of Youth Authority, Youthful Offender Parole Board, Board of Prison Terms, State Department of Health, the California Health and Human Services Agency, Department of Corrections and Rehabilitation, Board of Juvenile Hearings, Board of Parole Hearings, Department of Benefit Payments, State Fire Marshal, Liquor Control Administrator, the Department of Alcoholic Beverage Control, constituent agencies of the State Department of Investment, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents, when requested by the Attorney General:
(a)To install and maintain records needed for the correct reporting of the required statistical data.
(b)(1)To report statistical data to the department at those times and in the manner that the Attorney General prescribes.
(2)The data described in this subdivision includes incident-based data necessary to transition Californias crime data from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System.
(c)To give to the Attorney General, or their accredited agent, access to statistical data for the purpose of carrying out this title.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares both of the following:
(a)Accurate, detailed, and comprehensive data about crime can help law enforcement agencies, communities, researchers, and public leaders make well-informed decisions that support public safety.
(b)It is the intent of the legislature that all state and local law enforcement agencies will provide incident-based crime data to the Department of Justice for submission to the Federal Bureau of Investigation.
SEC. 2.Section 13010 of the Penal Code is amended to read:13010.It shall be the duty of the department:
(a)To collect data necessary for the work of the department from all persons and agencies mentioned in Section 13020 and from any other appropriate source.
(b)To prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
(c)To recommend the form and content of records that must be kept by those persons and agencies in order to ensure the correct reporting of data to the department.
(d)To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department.
(e)To process, tabulate, analyze, and interpret the data collected from those persons and agencies.
(f)To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
(g)To make available to the public, through the departments OpenJustice Web portal, information relating to criminal statistics, to be updated at least once per year, and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of a downloadable summary of this information shall be annually prepared to enable the Attorney General to send a copy to the Governor and to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This subdivision shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
(h)To periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
(i)To evaluate, on an annual basis, the progress of Californias transition from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System, and report its findings to the Legislature annually through 2019, pursuant to Section 9795 of the Government Code.(i)To complete the transition of all of Californias crime data from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System.
SEC. 3.Section 13020 of the Penal Code is amended to read:13020.It shall be the duty of every city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, probation officer, county board of parole commissioners, work furlough administrator, the Department of Justice, Health and Welfare Agency, Department of Corrections, Department of Youth Authority, Youthful Offender Parole Board, Board of Prison Terms, State Department of Health, Department of Benefit Payments, State Fire Marshal, Liquor Control Administrator, constituent agencies of the State Department of Investment, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents, when requested by the Attorney General:
(a)To install and maintain records needed for the correct reporting of the required statistical data required by him or her. data.
(b)(1)To report statistical data to the department at those times and in the manner that the Attorney General prescribes.
(2)The data described in this subdivision includes incident-based data necessary to transition Californias crime data from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System.
(c)To give to the Attorney General, or his or her their accredited agent, access to statistical data for the purpose of carrying out this title.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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| Feb 1, 2024 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2024 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 18, 2023 | In committee: Held under submission. |
| Mar 29, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 9, 2023 | Re-referred to Com. on APPR. |
| Mar 8, 2023 | Read second time and amended. |
| Mar 7, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 7). |
| Feb 9, 2023 | Referred to Com. on PUB. S. |
| Jan 31, 2023 | From printer. May be heard in committee March 2. |
| Jan 30, 2023 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Mar 7, 2023 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Aclu California Action | ** Support | |
| Center on Juvenile and Criminal Justice | ** Support | |
| Ella Baker Center For Human Rights | ** Support | |
| F.u.e.l.- Families United to End Lwop | ** Support | |
| Initiate Justice | ** Support | |
| Prosecutors Alliance California | ** Support |
Date of Hearing: March 29, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 327
Author:(Jones-Sawyer) – As Amended Ver:March 8, 2023
Policy Committee: | Public Safety | Vote: | 8 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires the Department of Justice (DOJ), by January 1, 2025, to complete the transition of all California’s crime data so it is aligned with the federal National Incident-Based Reporting System (NIBRS). This bill also requires local law enforcement and other agencies dealing with criminal offenses to maintain and report to the DOJ crime statistics in a format aligned with NIBRS.
FISCAL EFFECT:
No state cost for DOJ to transition state crime data to align with NIBRS because DOJ indicates it has already completed the transition.
Costs to local law enforcement agencies (LEAs), including police departments, probation departments, and county sheriff departments, to provide criminal statistics in a form that is aligned with NIBRS, could be in the high tens of millions of dollars to over 100 million dollars. According to DOJ, while many local LEAs have either completed or nearly completed the transition to NIBRS-consistent reporting, more than 200 local LEAs have yet to implement NIBRS-format data reporting. Some of these LEAs are planning the transition in 2023 or 2024. Notably, the Los Angeles County Sheriff’s Department (LASD) estimates it will need approximately $18 million to $20 million to complete the transition. The San Francisco Police Department (SFPD) has asked the city for $14 million to assist the transition. The Los Angeles Police Department (LAPD) also has yet to make the transition. If the Commission on State Mandates determines the duties imposed by this bill are reimbursable mandates, the state would be required to reimburse these local costs, likely from the General Fund.
COMMENTS:
- Purpose. According to the author:
It is imperative that law enforcement agencies maintain transparency. Not only does it allow policy makers and leaders to more effectively address crime and police brutality, but it also provides citizens and civilians with information they deserve. Incident-based crime reporting allows law enforcement agencies to collect more detailed information on a wider range of offenses and shed light on the many facets of crime. That kind of accurate and comprehensive data is needed to ensure that we adequately address the most pressing needs in our communities. By requiring a transition to the incident-based reporting system, California will be complying with federal standards and will be better equipped to address crime and its root causes.
- NIBRS. In 2016, the Federal Bureau of Investigation (FBI) informed all states that within five years it would be transitioning from its old crime reporting program to a new system that captures more information about criminal incidents and their surrounding circumstances. The new system, the NIBRS, would include details like time and location of the crime, whether an arrest was made, whether multiple offenses occurred, and demographic information about victims and offenders, which would help give policymakers, researchers, and the public a clearer picture of crime in America.
During the transitional period, the U.S. government provided over $120 million to help enable state and local LEAs to report through the new system. In 2021, only 15 of 740 Californian law enforcement agencies submitted their crime information to the FBI through the new data system, and only two of Florida’s 757 agencies were able to submit theirs. Because many agencies cannot comply with the FBI requirements, there is a large gap in the data that may result in an inaccurate picture of crime in the U.S.
According to DOJ, over 100 California agencies are expected to make the transition later this year. In August of 2022, the federal government provided millions of dollars in funding to help the LAPD, LASD, and SFPD transition more expediently, but those efforts were unsuccessful.
Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081
Date of Hearing: March 7, 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:
Requires the California Department of Justice (DOJ), by January 1, 2025, to complete the transition of all California’s crime statistics reporting so that it is in alignment with federal reporting requirements. Specifically, this bill:
- Requires the DOJ, January 1, 2025, to complete the transition of all California’s crime data so that it is in alignment with the federal National Incident-Based Reporting System (NIBRS).
- Requires local law enforcement and other agencies dealing with criminal offenses to maintain and report to the DOJ crime statistics in a format aligned with NIBRS.
- Makes legislative findings and declarations regarding the importance of detailed crime statistics collection and reporting.
EXISTING LAW:
- Requires the DOJ to collect data from specified agencies regarding criminal offenses. (Pen. Code, § 13010, subd. (a).)
- Requires the DOJ to prepare and distribute forms and electronic means that agencies can use when reporting criminal statistics to the department. (Pen. Code, § 13010, subd. (b).)
- Provides that the DOJ may recommend the form and content of records that certain agencies use to ensure accurate reporting. (Pen. Code, § 13010, subd. (c).)
- Requires the DOJ to supply federal agencies criminal statistics upon request. (Pen. Code, § 13010, subd. (f).)
- States that the DOJ must annually make available information relating to criminal statistics through their OpenJustice Web portal, and to report on special aspects of criminal statistics. (Pen. Code, § 13010, subd. (g).)
- Requires specified agencies dealing with crimes or criminals or delinquency to report crime statistics to the Attorney General, in a time and manner that the Attorney General prescribes. (Pen. Code, § 13020.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “It is imperative that law enforcement agencies maintain transparency. Not only does it allow policy makers and leaders to more effectively address crime and police brutality, but it also provides citizens and civilians with information they deserve. Incident-based crime reporting allows law enforcement agencies to collect more detailed information on a wider range of offenses and shed light on the many facets of crime. That kind of accurate and comprehensive data is needed to ensure that we adequately address the most pressing needs in our communities. By requiring a transition to the incident-based reporting system, California will be complying with federal standards and will be better equipped to address crime and its root causes.”
- Recent National Crime Data Collection Issues: For decades, the Federal Bureau of Investigation (FBI) has collected crime data from law enforcement agencies across the country and released annual reports detailing general crime trends in the nation. (U.S. Department of Justice. New and Better Crime Data for the Nation. (Oct. 5, 2022.) <https://www.justice.gov/opa/blog/new-and-better-crime-data-nation> [as of Feb. 24, 2023].) In 2016, the FBI informed all states that in five years it would be transitioning from its old crime reporting program to a new one that captures more information about criminal incidents and their surrounding circumstances. (Ibid.) The new system, the National Incident-Based Reporting System (NIBRS), would include details like time and location of the crime, whether an arrest was made, whether multiple offenses occurred, and demographic information about victims and offenders, which would help give policymakers, researchers, and the public a clearer picture of crime in America. (Ibid.) During the transitional period, the U.S. government provided over $120 million to help state and local law enforcement agencies to be able to report through the new system. (Ibid.)
Not all law enforcement agencies have transitioned to the new system; some of the most populous states such as New York, Florida, and California reported at exceptionally low levels. (LA Times. FBI’s latest hate crimes report missing crucial data from California, New York and Florida. (Dec. 12, 2022) <https://www.latimes.com/world-nation/story/2022-12-12/fbis-latest-hate-crimes-report-missing-crucial-data-from-california-new-york-and-florida> [as of Feb. 24, 2023].) In 2021, only 15 of 740 Californian law enforcement agencies submitted their crime information to the FBI through the new data system, and only 2 of Florida’s 757 agencies were able to submit theirs. (Id.) Due to fewer agencies reporting because they cannot comply with the FBI requirements, there is a large gap in the numbers that may result in giving an inaccurate picture of crime in the U.S. (Id.) This gap comes at a time when, according to certain civil rights groups, hate crimes are rising significantly. (Id.) The FBI has reported that approximately 7,200 hate crimes occurred in 2021. (Id.) However, that number was based on only 65% of the nation’s law enforcement agencies that submitted their report to the FBI, down from 93% in 2020. (Id.) The Center for the Study of Hate Groups and Extremism at Cal State San Bernardino stated that if just California and New York were included, the national total for hate crimes would actually exceed 9,000, which only would be the second time that has taken place since the FBI began keeping records of hate crimes in 1991. (Id.)
Although some observers have posited that large agencies may be wary of the new system since it will record slightly more crimes than the new one, a number of unexpected events such as COVID-19, the murder of George Floyd, calls for police reform, and the spike in homicides and shooting may have played a part. (The Marshall Project. What Can FBI Data Say About Crime in 2021? It’s Too Unreliable to Tell. (Jun. 14, 2022.) <https://www.themarshallproject.org/2022/06/14/what-did-fbi-data-say-about-crime-in-2021-it-s-too-unreliable-to-tell> [as of Feb. 26, 2023].) The issue also seems to be administrative obstacles in updating the system. (Id.) According to the DOJ, over 100 California agencies are expected to make the transition later this year, however, that will likely not include the San Francisco Police Department (SFPD). (Id.) Their chief information officer stated that although the department has asked the city for $14 million to assist the transition, SFPD still does not plan on submitting data to the FBI until 2025. (Id.) These types of transitions can take years according to an employee at a software company that deals with government agency record management systems. (Id.)
While these transitions can take years, and while no one was expecting a disruption like COVID-19, it has been over six years since the FBI made the announcement about the change. - Efforts to Update California’s Reporting System: In response to the FBI’s announcement of the transition to NIBRS, California enacted a statute in 2016 requiring the DOJ to release an annual report through 2019 detailing its efforts and progress. (Pen. Code, § 13010, subd. (i).) In 2017, the California DOJ stated that it had procured a vendor to develop a strategic transition plan that would include costs and a realistic timetable. (DOJ. NIBRS Annual Transition Progress Report. (2017.) <https://oag.ca.gov/sites/all/files/agweb/pdfs/cjsc/publications/misc/nibrs-tpr/nibrs-tpr-2017.pdf> [as of Feb. 26, 2023].) In its 2019-20 Biennial Report the DOJ said that it was working with local law enforcement agencies to update their systems and that it was on track and working towards implementation by the FBI’s 2021 deadline. (DOJ. Biennial Report 2019-2020. <https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/biennial-2019-2020.pdf> [as of Feb. 26, 2023].) As noted above, 2019 was the last year the DOJ was required to submit an update under state law.
In August of 2022, the federal government provided millions of dollars in funding to bolster the LA Police Department, LA Sheriff’s Office, and the San Francisco Police Departments’ transition more expediently. (U.S. Bureau of Justice Statistics. FY 2022 California Law Enforcement Transition to NIBRS—Rapid Deployment Model Project. (Aug. 5, 2022) <https://bjs.ojp.gov/funding/opportunities/o-bjs-2022-171414> [as of Feb. 26, 2023]; U.S. Bureau of Justice Statistics. California Department of Justice Law Enforcement Agency Rapid Deployment Model. (Aug. 31, 2022.) <https://bjs.ojp.gov/funding/awards/15pbjs-22-gk-01202-noha> [as of Feb. 26, 2023].) Unfortunately, as mentioned above, those efforts were unsuccessful.
This bill would require the DOJ and local law enforcement agencies to comply with the federal NIBRS crime data standards by January 1, 2025. As such, this bill would ensure that all of California’s local law enforcement agencies will update their crime data systems and be in alignment with the more comprehensive federal reporting system. - Argument in Support: According to the bill’s sponsor, the Prosecutors Alliance of California, “The FBI’s Uniform Crime Reporting (UCR) program provides a nationwide view of crime based on the submission of crime information by law enforcement agencies throughout the country. This information is used by elected officials, law enforcement, policy makers and academics to track trends in crime and develop effective policy responses to increase community health and safety.
“In 2015, the FBI announced that it would transition the Uniform Crime Reporting system from a summary reporting system to a National Incident-Based Reporting System. Incident-based reporting captures details on each single crime incident—as well as on separate offenses within the same incident—including information on victims, relationships between victims and those who committed the offenses, arrestees, and property involved in crimes. Incident-based reporting provides greater specificity in reporting offenses, collects more detailed information, helps give context to specific crime problems, and provides greater analytic flexibility.
“Law enforcement agencies nationwide were encouraged to make the switch to incident-based reporting by January, 2021. The California Legislature allocated funding for local law enforcement and established benchmarks for transitioning. Existing law requires the Department of Justice to report to the Legislature on the progress of reporting crime statistics data to the federal government in compliance with the National Incident-Based Reporting System.
“Despite receiving ample time and tens of millions of dollars to make the transition, only two percent of California law enforcement agencies reported crime data in 2021 – less than every other state except Florida. This failure to report crime data to the FBI undermines efforts to understand and address crime and to effectively distribute law enforcement resources.
“AB 327 will require local law enforcement agencies to report crime data in incident-based fashion beginning January 1, 2024. AB 327 will thus ensure that California reports complete crime data in the appropriate format to the FBI, allowing policy makers to have access to this critically important data.” - Prior Legislation: AB 2524 (Irwin), Chapter 418, Statutes of 2016, required in part that the DOJ release an annual report through 2019 detailing progress on California’s crime data reporting mechanism to be in alignment with federal reporting requirements.
REGISTERED SUPPORT / OPPOSITION:
Support
Prosecutors Alliance California (Sponsor)
ACLU California Action
Center on Juvenile and Criminal Justice
Ella Baker Center for Human Rights
F.u.e.l.- Families United to End Lwop
Initiate Justice
Opposition
None Received
Analysis Prepared by:
Bill Author
Bill Co-Author(s):