Senate Standing Committee on Public Safety

The Senate Committee on Public Safety will come to order. Good morning. The Senate continues to welcome the public in person via teleconference service. For individuals wishing to provide public safety comments today, participant number is 877-226-8163 and the access code is 6948930. We are holding or Committee hearings here in the O Street building. I ask all members of the Committee to be present in room number 2200 so we can establish our quorum and begin our hearing. We have five bills on today's agenda.

One item is on consent. SB 19 was pulled from consent. Before we hear presentations on the bills, let's establish quorum. We are waiting for quorum and an author.

So we will start as a Subcommitee. Senator Roth, are you ready to present?

Thank you, Madam Chair, members. I'm presenting Senate Bill 46. As you know, drug overdoses are on the rise in California. According to the National Center for Drug Abuse Statistics, California experienced an annual rate increase of 10.37% in overdose deaths over the last three years. Now, more than ever, the state must adopt policies necessary to support the rehabilitation of those suffering from this epidemic. This Bill does just that.

The Bill requires a person convicted of a drug offense and who is granted probation to successfully complete a controlled substance education or treatment program. The Bill also outlines standards for these programs and requires education and treatment for drug diversion to include information on the effects of controlled substances on the brain and body, how to recognize and respond to the signs of a drug overdose, and the dangers of using controlled substances.

We're facing a major overdose epidemic, and more needs to be done to ensure proper treatment and education for individuals battling substance abuse disorders. I won't repeat the statistics. You know them and they're in the analysis. While current law requires probationers and divertes to complete education and treatment programs, the definition and scope of these programs are vague and undefined in existing statute. The ambiguity in the law leaves many probationers and divertes without much help due to a lack of education and treatment options.

Additionally, the law does not require the courts to recommend similar substance abuse education programs to inmates who are incarcerated for related offenses. If we're serious about the commitment to correct and rehabilitate, specific intentional education and treatment must be required to reduce recidivism and ensure long-term success. This Bill is a crucial step forward if we wish to meet those objectives and save lives. I accept the amendments proposed by the Committee and the Drug Policy Alliance with respect to the amendments of the Pacific Juvenile Defender Center.

Those proposed by the center, specifically to delete the references to minor offenses in paragraphs A1 B and A1 C. I accept that amendment as well. With that, I respectfully ask for an aye vote. With me today to testify in support of the Bill are Deputy District Attorney Rob Hightower of the Riverside County District Attorney's Office and Erin Hill, Director of Hill Recovery. Madam Chair.

Thank you, Senator. We'll now move on to lead witnesses in support. Please state your name and ensure your mic is on.

Hi, my name is Erin Hill, and I'm from Hill Alcohol and Drug Treatment in Temecula, California.

Good morning. My name is Rob Hightower. I'm a Deputy District Attorney in Riverside, California.

Thank you. Ma'am, you can start.

Madam Chair and Members, good morning. My name is Erin Hill and I'm the Director at Hill Alcohol and Drug treatment in Temecula, California. My reason for being here today in support of SB 46 is rooted in the belief in people, provided the opportunity, to change their lives for the better. Through working in the treatment field for over 17 years, I personally witnessed countless people walking into the doors of our facility, broken, ashamed, scared and lost.

They have often lost who they are and who they want to be in the face of their addiction. Through quality treatment that incorporates strong education, family involvement, narcotic replacement therapy, if applicable, and evidence-based practices, our outcome studies have shown tremendous results. It is amazing seeing the light bulb come on, as we call it in treatment, family systems rebuilt, coping skills developed, and a life becoming possible that never seemed a reality when the person was active in their addiction.

The program SB 46 has set forth for offenders parallels the model for treatment that we and other substance abuse providers nationwide have found to be successful. What we know about addiction and recovery is that some kind of pain, whether it be emotional, financial, relationship, vocational or legal, is generally what acts as the catalyst to creating the needed change and getting the addict into the doors of treatment. This is what we refer to as the carrot and the stick.

The stick is the driver of the pain, and the carrot is what treatment should provide, of the hope, education and tools for a better life, to know better and to do better. One of my favorite quotes is, "change occurs when the pain of where you are is greater than the fear of moving forward." SB 46 lays guidelines for this change and a platform to an improved life for the addict, their families and society as a whole. Thank you.

Next witness.

Good morning, and thank you, Madam Chair, as well as Members of the Committee. I also want to thank Senator Roth for bringing this very important legislation before you here today. I am a Deputy District Attorney in Riverside County, California. Obviously, one of the things that this legislation seeks to accomplish is to remove disparities that may exist between those who are able to obtain education and those who are not.

But one of the primary purposes of this legislation, and one of its main benefits, is that it clearly defines what education means. As we know, this drug pandemic, particularly the opioid pandemic, has hit everyone in personal ways. I myself lost a cousin to fentanyl last year. As we know with fentanyl, many times, addicts are taking things that they do not recognize to be fentanyl.

For example, I have seen countless examples of individuals who are self medicating through Xanax, not realizing that it contains lethal doses of fentanyl within those substances. Education is the best means to instruct those who are struggling with addiction to be on the lookout and be careful when fentanyl. That fentanyl may exist.

In addition, another piece of this legislation has fixed our outdated thinking that is more than 20 years old to make sure that we no longer require those who are over to overcome their addiction, but rather that those individuals are progressing in their treatment. And that is all that we can ask for anyone who's recovering for addiction. With that, I ask for your aye vote. And I thank you for the opportunity to appear before you today.

Thank you. We will now move on to any other support witnesses here in the room. Seeing none. Oh, sorry. Please approach the mic over there. State your name.

Good morning. My name is Brendan Farrell. I'm the District Attorney of Colusa County. I'm here on behalf of California District Attorneys Association in support of the Bill. Thank you very much.

Thank you. Any other witnesses? Seeing none, we'll now move on to lead witnesses in opposition. Seeing none, we'll ask for any lead opposition witnesses here in the room. Seeing none. Thank you. We will now move on to witnesses waiting to testify via teleconference service. Please state only your name, organization, and position. Moderator, if you please prompt the individuals waiting to testify in support or opposition, we will begin.

Thank you, Madam Chair. To comment on this item, press one then zero. An operator will provide you a line number. When you hear your line number called, state your name and affiliation for the legislative record. Once again, to comment, press one zero at this time. And we do have one in queue. We're going to line number 16. Please go ahead.

Good morning. This is Maureen Pacheco from the Pacific Juvenile Defender Center, and we just want to thank the author and the sponsor for taking our amendments. And with those amendments, we do support the Bill. Thank you.

Thank you.

Thank you, Moderator

Chair, we have one more in queue.

All right.

Line 17. Line 17, please go ahead.

Hi, my name is Sylvia Hernandez with the National Association of California Chapter, and we support this Bill.

Thank you. Moderator, do we have anybody else on the line?

Madam Chair, we have no additional respondents in queue.

Thank you. Thank you to all our supporters and opposition witnesses. We'll now bring the discussion back to members. Do any of our members have questions or comments? No questions or comments. Senator, would you like to close?

Just respectfully ask for an aye vote, and thank you for your consideration, Madam Chair.

When we get a quorum, we'll ask for a motion. Thank you.

Thank you very much.

We will be moving on to SB 241. Senator Min, you have the floor.

Thank you, Chair Wahab. Good morning to you and Members of the Committee. SB 241 will require firearm dealers and their employees to complete regular training that covers federal and state laws governing the sale and transfer of firearms and ammunition, including how to recognize indicators that an individual intends to use a firearm for fraudulent activity, unlawful purposes, or self harm, theft and burglary prevention, rules of safe firearm handling and storages, and other reasonable business practices to deter gun trafficking or the unlawful use of firearms.

Illegal guns often begin with a legal initial firearm purchase that is subsequently funneled into an illegal market. According to data from the Giffords Law Center to Prevent Gun Violence, more than 30,000 straw purchases, that's when someone buys a gun intending to transfer it to someone else, are attempted each year. Theft at gun retailers is also a persistent problem in California and another way in which firearms reach the illicit market.

While gun dealers are considered first in line to maintain the secure and lawful transfer of firearms, there is currently no training requirement for gun dealers or their employees on responsible business practices and how to recognize signs of illegal activity. Many other industries require training to reduce harm to the public, and given the obvious dangers that firearms pose, we believe the firearm industry should not be an exception.

SB 241 would establish guardrails at the point of sale and bring gun retailers under the umbrella of professional training practices to promote responsible gun ownership and prevent fraudulent activity. With that, I have Rebecca Marcus, lobbyist advocate from the Brady Campaign, and perhaps another witness.

Thank you. As your witnesses approach, I want to make sure know the Assistant can please call roll so we can establish a quorum.

[Roll Call]

Thank you. We need to start off with a vote on the rules now that we've established quorum. Is there any objection to adopting the rules by unanimous consent? Seeing none. All right, rules have been established. We can move on. Thank you for your patience.

Oh, absolutely. Good morning, Chair and Members. Rebecca Marcus, representing the Brady Campaign and strong support of SB 241. A nearly identical bill was signed into law in New York last year. Gun dealers share the responsibility in preventing violence in our communities. They act as gatekeepers, and their conduct has a direct bearing on whether guns are diverted to the illegal market or into the hands of those who should not have them.

And yet, neither dealers nor their employees are required to have regular, sensitive training to prevent dangerous sales and gun trafficking and outline their obligation to engage in business practices and to comply with state and federal laws. If my teenage daughter is required by law to have online training to scoop ice cream, it seems only to make sense that individuals who sell lethal weapons are required to do the same thing.

SB 241 would require the trainings to include federal and state laws governing sales and transfers of firearms and ammunition, how to recognize and identify straw purchasers and fraudulent activity, how to recognize and identify indicators that an individual intends to use a firearm for self harm, and how to prevent theft or burglary of firearms and ammunition.

Not only is this training common sense, because it will benefit public health and safety, but it will also provide tools to the dealers and their employees to ensure that they are acting responsibly and in compliance with our laws. This legislation is critical to curbing dangerous sales, preventing guns from being diverted into the criminal market. We respectively request your support for SB 241. I'll just add that the second witness is testifying in Assembly Public Safety.

There is no second witness.

Thank you. Do we have any other witnesses here in the room? Seeing none, we'll move on to lead witnesses in opposition. Seeing none. Do we have any other opposition witnesses here in the room? Thank you. We'll move on to witnesses waiting to testify via teleconference service. Please state only your name, organization, and position. Moderator, can we prompt the next individual to testify in support or opposition?

To make comment by phone on SB 241, please press 1-0 at this time. Madam Chair, we have no respondents in queue.

Thank you, and thank you to all the support and opposition witnesses. We will now bring the discussion back to the Members. Do any of our Members have questions or comments? Seeing none. Senator, would you like to close?

Thank you. Happy Pi Day, everyone. Let's not have too much circular logic. I respectfully ask for you aye vote, not Pi vote.

Is there a motion on the bill to pass this to Appropriations? All right.

Motion is do pass to Appropriations. [Roll Call]

So Senate Bill 241 will be on call. Thank you. Do we have a motion on SB 46 to pass as amended to Appropriations?

Motion is do pass as amended to appropriations. [Roll Call]

Thank you. This bill will be placed on call. Do we have a motion on SB 86, which is placed on Consent?

So moved. It's not to Consent?

The SB 19 had late opposition, so it was pulled. So he's on his way here. [Roll Call]

The Consent Calendar is on call. We are waiting for our next author. Thank you.

All right, thank you, Honorable Chair. I'm here to present SB 19. First, I would like to thank the Committee staff for working with my staff to refine inform the amendments for this very important bill. SB 19 is a bipartisan bill that establishes the California Fentanyl Abuse Task Force. This policy passed through Assembly Public Safety and Health Committees, and unanimous support last session, and had unanimous support last session.

This task force will collect and organize data on the nature and extent of the fentanyl abuse and evaluate approaches to increase public awareness of fentanyl. This task force's membership is diverse, including representatives from the legal system, nonprofits, and health agencies. Over the last two decades, California and the rest of the nation have seen a rise in overdoses related to opioid use. And, as we have all seen, a new form of opioid called fentanyl has taken this epidemic to new heights.

The new wave of drug deaths affects Californians of all demographics and communities, costing the lives of almost 4000 Californians in 2020 alone. In 2021, fentanyl overdose became recognized as the leading cause of death for Americans 18 to 45. More than suicide, gun homicide, or car accidents. Fentanyl differs from traditional prescriptions, is in its potency and availability. Only two milligrams of fentanyl is enough to cause a single overdose.

Data from law enforcement yields that in the Bay Area alone, over 65,000 grams of fentanyl was seized in 2022, and that's enough to kill every adult in California. In a single day, they seized 1202 grams of fentanyl, which is enough to kill 600,000 people. The value of bringing together a statewide task force of individuals already trying to address the crisis cannot be understated. Our healthcare organizations and workers are taking the brunt of caring for overdose victims.

Our public health and nonprofit organizations spread educational sources to try and bring awareness to the public. Our law enforcement has the difficult task of combating illicit pills and their distribution networks that continue to ravage our communities. An epidemic of these proportions deserves a response that brings together the best of our state's resources. SB 19 will assemble the data and individuals to identify the resources necessary to respond to this new form of synthetic opioid abuse. With that, standby for any questions.

Thank you. Do we have any lead witnesses in support?

No, I did not bring any lead witnesses.

Okay. Do we have any support witnesses here in the room?

Leah Barros on behalf California Hospital Association in support.

Thank you. Next witness.

Brendan Farrell, the District Attorney of Colusa County. I'm here on behalf of the California District Attorneys Association in support. Thank you very much.

Thank you. Any other witnesses in support? Seeing none, we'll now move on to lead witnesses in opposition. Seeing none, we'll now lead to any other opposition witnesses here in the room. Thank you. We'll now move on to witnesses waiting to testify via teleconference service. Please state only your name, organization, and position. Moderator, do we have any witnesses?

To comment on SB 19, please press 1-0 at this time. One moment, Madam Chair, while we collect some line numbers. We do have some respondents.

Thank you.

Our first comment comes from line number 15. You may go ahead.

Josh Gauger on behalf of the County Health Executives Association of California in support. Thank you.

Thank you.

And we do have one more. It'll be one moment. Line 21, go ahead, please.

Good morning, Madam Chair and Members. Betsy Armstrong on behalf of the County Health Executives Association, representing local health departments, in support. Thank you.

Madam Chair, we have no additional respondents in queue.

Thank you to all our support and opposition witnesses. We'll now bring the discussion back to Members. Do any of our Members have questions or comments? Senator, would you like to close?

Yeah, I just respectfully ask for an aye vote.

Thank you. Senator Wiener, we had a motion to pass to Appropriations. Secretary, would you please call the role.

[Roll Call]

Thank you. This will move on to on call. Thank you.

Thank you.

Senator Skinner, would you like to present SB 36?

Happily, are you comfortable with my presenting from the dais versus the podium?

100%, yes.

Okay, great. Thanks so much, Chair and Members. SB 36 is needed now. As we have watched, once the Supreme Court overturned Roe versus Wade, it unleashed state laws across the country that have now banned or made criminalized essential health care services. Now, in contrast, California has passed multiple bills to make California a safe haven for clients and providers of abortion and gender affirming care. But as I mentioned, as we see more and more laws criminalizing these activities, we recognize that California can do more.

So what SB 36 specifically does, and before I state this, I'll make an analogy. I'm sure many of us have seen those reality shows about bounty hunters. And you know that there's a dollar amount on someone picking up on. In effect, a bounty hunter can make money off of picking up someone who is wanted somewhere, whether it's in California or elsewhere, and then they pick up that person, and in those shows rather brutally, and deliver them to another state and are paid.

So what SB 36 does is bans bounty hunters and bail agents from capturing a person in California who is, another state is trying to prosecute for receiving or providing abortion services or gender affirming care that is legal in California. SB 36 also prohibits law enforcement officials from assisting out of state investigations or prosecutions for abortion and gender affirming care, again, that is legal in California.

And it ensures access to California's public benefits to those who may be charged with such crimes, who otherwise, because of our rules around such thing, if you have certain type of charges pending, then you are disqualified. And because we are not recognizing those laws in other states, we don't want to disqualify people. So that is the purpose of the bill. That's what the bill does. And with that, I'm happy to answer any questions.

Thank you. We will now move on to lead witnesses in support.

Apologies. I should have introduced my witnesses.

No worries. If you could please attend.

Yes, we have Craig Pulsipher from Equality California. I'm rusty at presenting bills. Craig, Thank you.

Chair and Members, good morning. Craig Pulsipher on behalf of Equality California, proud co-sponsor of SB 36. As you all well know, we're witnessing dangerous and unprecedented attacks on the trans community in this country. And this year alone, more than 300 anti-LGBTQ bills have been introduced, the vast majority of which target trans people and especially their ability to access life saving medical care. Already, at least eight states have passed laws that restrict gender affirming care for Trans youth.

And nearly two dozen states have introduced bills that would also restrict this kind of care for trans youth and now, in some cases, even adults. But it doesn't stop there. States are also attempting to criminalize providers for delivering gender affirming care and even punish parents who seek medical care for their children. Last year, Alabama was the first state to make providing gender affirming care a felony.

And Texas is now considering three separate bills that would make providing gender affirming care to minors a form of child abuse punishable as a second degree felony. These attacks are certainly not new, but we're now witnessing blatant attempts to use legislation and policy to eliminate the rights and even the very existence of trans people in this country.

In fact, just this month, you may have heard a far right commentator say the quiet part out loud when he declared, quote, that transgenderism must be eradicated from public life entirely. Make no mistake, trans people's existence is not up for debate in California, and we will continue standing up to these hateful attacks. SB 36 will build on last year's landmark protections to ensure that the state remains a safe haven for those attempting to access life saving medical care for themselves and their children. Equality California is proud to co-sponsor SB 36, and we urge your support.

Thank you. Do we have any other lead witnesses?

Yes, my other lead witness is Erin Evans from NARAL.

Thank you.

Thank you, Madam Chair and Members. I'm Erin Evans on behalf of NARAL Pro-Choice California. Our State Director wanted to be here today, but is delayed due to weather. NARAL fights for reproductive freedom for everybody, powered by 4 million members nationwide and 370,000 members in California. And we're very proud to co-sponsor SB 36. Currently, there are 17 states and counting that are enforcing bans on abortion, and we're seeing catastrophic consequences on real people's lives. These bans intimidate pregnant people as well as doctors and hospitals.

They stop clinicians from providing critical care and miscarriage management and put pregnant people's lives and health in danger. The threats don't end there. Anti-choice lawmakers in several states have introduced legislation proposing homicide and other criminal charges for people seeking abortion care. These bills have been introduced in states like Texas, Kentucky, South Carolina, Oklahoma, Arkansas, and just last week, South Carolina. It's a dark world where California has to contemplate how to protect people from being charged with homicide for accessing essential health care. But here we are.

For California to continue living up to our designation as a reproductive freedom state, we must protect all people who are accessing abortion and gender affirming care, and that includes protecting anyone forced to seek refuge in California after accessing these services in another state. SB 36 expands California's reproductive freedom state protections by prohibiting bail agents or private bounty hunters from capturing people in California after they have fled their home state to avoid criminalization of abortion or gender affirming care.

California must continue to hold this important line and make abundantly clear that criminalizing women, pregnant people, and trans people is abhorrent and will not be tolerated here. Thank you for your leadership and your support of SB 36 and for the full 17 bill Future of Abortion Council package that was just announced yesterday with the Legislative Women's Caucus. Thank you.

Thank you. Do we have any other support witnesses here in the room?

Yeah. Good afternoon. Kevin Asianian, Coalition of California Welfare Rights Organizations, strong support. Thank you.

Ignacio Hernandez on behalf of the California Attorneys for Criminal Justice, in support.

Lesli Caldwell-Houston for the California Public Defenders Association, in support.

Thank you.

Hi there. Kathy van Osten on behalf of the Association of University of Women California, in support.

Do we have any other support witnesses here in the room? All right, we'll move on to lead witnesses in opposition. Seeing none. Let's hear from any other opposition witnesses here in the room. Seeing none. Thank you. We'll now move on to witnesses waiting to testify via teleconference service. Please state only your name, organization, and position. Moderator, if you would, please prompt the individuals waiting to testify in support or opposition, we will begin.

Thank you. Madam Chair, if you have not already done so and you'd like to comment, press 1-0 on your phone's keypad. We'll go first to line number 22. Please go ahead.

Good morning. Stephanie Estrada with Cruz Strategies on behalf of California Latinas for Reproductive Justice, in support.

Next we're going to line number 23. Please go ahead.

Good morning, Madam Chair and Members. Christopher Sanchez with the Western Center on Law and Poverty. Proud to be a sponsor.

Line 25, go ahead, please.

Hi. Good morning. Onyemma Obiekea for Black Women for Wellness Action Project. Proud co-sponsors, in support. Thank you.

Line 24, please go ahead. Line 24, go ahead, please.

My name is Gail Polevoi. I live in Sherman Oaks. I'm a NARAL member, and I support SB 36.

And line 19. Go ahead, please.

Sylvia Hernandez with the California Chapter of National Association of Social Work, and we support.

Madam Chair, there are no other respondents in queue.

Thank you, and thank you to our witnesses. We'll now bring the discussion back to Members. Do any of our Members have questions or comments? Senator Wiener.

Thank you, Madam Chair. I want to thank the author for bringing this bill forward. I fully support it, and I want to thank her for, even without being asked, including gender affirming care. She's an incredible ally to the LGBTQ community. This bill, on the gender affirming care side, it adds to and I think fills in gaps to SB 107, which we passed last year to make California a state of refuge for trans kids and their families as they're being criminalized in other states.

We need to really put this into real terms. What's happening? You heard from Mr. Pulsipher what other states are doing, but this is like real life stuff. We're talking about families in places like Alabama or Texas or a growing list of states where literally all they're doing is what parents should do to support their kids.

They have kids who are trans, and they're trying to be the best parents they can be and are supporting those kids instead of stigmatizing and attacking them, which is what drives these kids to have such a high rate of efforts at self harm and suicide. These parents are trying to be good parents, and they are allowing their kids to get health care that is within the standard of care for every reputable medical organization in our country.

And they are being told by these states that, if you do that, you're a criminal. These hypocrites in these red states who claim that they support parental rights, and then they tell parents, if you authorize your kid to get health care, you're a criminal, and we're going to throw you in prison, take the kid away, and put them in foster care. It's the height of hypocrisy. They don't care about parental rights. These people could care less about parental rights.

They care about trying to obliterate and erase LGBTQ people, starting with kids. And we've seen that they say it's all about the children, but then they start enacting laws increasing their bans on gender affirming care up to the age of 25. It is the most hypocritical, despicable thing, and California should not be a party to that. We should not be enforcing their laws. We should not be allowing their folks to come into California and grab people and take them out. And we need to stand very, very, very strong. So I'm happy to support this bill, and I'm happy to move it.

Thank you. Senator Skinner, would you like to close?

Thank you so much. Appreciate the comments of my colleague. And the points he was making about the fear of prosecution that the laws against gender affirming care are causing across the country is similarly occurring for those people or providers who pursue any kind of reproductive care, abortion services, that are now criminalized.

And we just recently read, I'm sure most of us have seen in the media, how Texas is now going to charge a woman who used medication abortion for using it and additionally charge three of her friends who they are saying assisted her. And so we may find increasingly that, to avoid this, and I hope that this is not the case, but that people come to California because otherwise they could face prison time. And we do not want to have bounty hunters or bail agents thinking that they can make money off of this. So that, among other things, is my purpose. And I appreciate your aye votes.

Thank you. We had a motion by Senator Wiener to move this to Judiciary. Can we call a vote?

[Roll Call]

This has been placed on call. Thank you. Secretary, would you please lift the calls?

Item two, SB 86, the motion is on consent. Skinner, aye. Skinner, aye. Item three, SB 46. Motion is do pass as amended to appropriations. Skinner, aye. Skinner, aye. Item four, SB 241. Motion is do pass to appropriations. Skinner, aye. Skinner, aye.

Thank you. We'll keep the bills on call. Thank you, secretary, would you please lift the calls?

Item one, SB 19 Seyarto, motion is do pass to appropriations. Bradford? Aye. Bradford, aye. Vote is 4-0. Bill is out.

Item two, SB 86, was on consent. Oh, sorry, consent. Bradford? Aye. Bradford, aye. 4-0 is the vote. Bill is out.

Item three, SB 46, Roth, do pass as amended to appropriations. Bradford? Bradford. Aye. 4-0 Bill is out.

Item four, SB 241, Min. Motion is do pass to appropriations. Bradford? Aye. Bradford, aye. Vote is 4-0. Bill is out.

And item five, SB 36, Skinner. Motion is do pass to judiciary. Bradford? Aye. Bradford, aye. 4-0 is the vote. Bill is out. Public Safety Committee is adjourned. Thank you all.