Senate Standing Committee on Public Safety
- Aisha Wahab
Legislator
All right, we are meeting today in room 2200 of the O Street building. The Senate Committee on Public Safety has begun just for a couple quick announcements. We have 21 bills on the calendar. AB 2419 by Assemblymember Gipson, has been pulled from today's agenda by the author. Two bills are on consent.
- Aisha Wahab
Legislator
AB 2807 by assemblymember Villapodwa and AB 3083 by assemblymember Lackey. In this Committee, the author will present their Bill at the podium. Witnesses will testify at the microphone outside the well. Each Bill can have two main witnesses in support and two main witnesses in opposition.
- Aisha Wahab
Legislator
Each of those witnesses get two minutes each and we will time them after the main support in opposition testify. We will all, we will take all additional support and opposition. Me toos. State your name, organization, on whether or not you support or oppose to keep our busy hearing going.
- Aisha Wahab
Legislator
If you are a me too, please be lined up and ready to go again. We have 21 bills on the calendar. We take authors as they arrive to be as efficient as possible. And with that, I'm going to ask for a roll call to see if we can establish quorum.
- Committee Secretary
Person
[Roll Call]
- Aisha Wahab
Legislator
So we have a quorum and now we are going to be waiting for authors. We have a motion by Senator Sehardo for moving the consent calendar. Can we get a roll call, please?
- Committee Secretary
Person
[Roll Call]
- Aisha Wahab
Legislator
All right, consent's on call and we're asking for authors to show up. All right, file number seven, AB 2064 by Assemblymember Joan Sawyer, will be presented by Senator Bradford.
- Steven Bradford
Legislator
Thank you, Madam Chair. 2064 will establish a community violence interdiction grant program. The Bill is among 14 priorities identified by the legislative Black Caucus as it relates to their reparations package. This Bill would administer the California Health and Human Services Agency, would be administered by.
- Steven Bradford
Legislator
I should say, and would ensure funding for community driven solutions to decrease violence in our schools and neighborhoods as opposed to incarceration. The funds will be secured through appropriations of the savings from any future prison closures within the state.
- Steven Bradford
Legislator
By allocating resources to these preventative initiatives, we reduce incarceration even further and focus the finding on solutions to crime beyond incarceration of the most vulnerable and underserved populations.
- Steven Bradford
Legislator
2064 allows the true real rehabilitation through putting an emphasis on community and victims impacted, gives them a voice, and reduces expenditures accrued on imprisonment which has not been shown to reduce recidivism. I respectfully ask for your aye vote.
- Aisha Wahab
Legislator
Do you have any witnesses? Thank you. Can we get our support witnesses, Madam.
- Paul Yoder
Person
Chair and Members, Paul Yoder, on behalf of the California Academy of Child and Adolescent Psychiatry in support.
- Lesli Caldwell-Houston
Person
Leslie Caldwell Houston, for the California Public Defenders Association, in support.
- Jennifer Roe
Person
Good morning. Jennifer Roe with capital advocacy on behalf of the County of Los Angeles, in support. Thank you.
- Aisha Wahab
Legislator
Thank you. Any Oppo lead opposition thing done? Me too's opposition seeing none. Moving it to Members. Senator Seyarto.
- Kelly Seyarto
Legislator
My only concern with this Bill is that if you visit the prison system and look at some of the programs they're trying to do to rehabilitate and educate and get people ready to come back into society and reduce recidivism, this money could be used for that because those facilities are wholly inadequate.
- Kelly Seyarto
Legislator
And I would rather see the money and the savings either be split. So some of it goes to the education outside, but also to bring the facilities that we are currently lacking within the system up to speed so that they can be effective in trying to achieve what we're trying to achieve with the people that are incarcerated.
- Kelly Seyarto
Legislator
I appreciate wanting to stop it beforehand, but I also would like us to have bills that will take in mind both of what we're trying to achieve and what the goals are, because this leaves one of those goals behind.
- Kelly Seyarto
Legislator
And I know there is a dire need for funding within the prisons to create the facilities and programs that they desperately want to use. So I will not be supporting today.
- Aisha Wahab
Legislator
Would you make a courtesy motion so it can be on file?
- Kelly Seyarto
Legislator
I'll make a courtesy motion so we can get it on file.
- Aisha Wahab
Legislator
Thank you. So we have a courtesy motion by Senator Seharto. Would you like to close?
- Steven Bradford
Legislator
Yes. And this is preventative. We're trying to stop it on the front end versus addressing it on the back end, which is we do in our prison system. And despite the billions of dollars that are being allocated for rehabilitation, it's failing miserably, as we all know.
- Steven Bradford
Legislator
So to continue to throw good money after a bad into a bad situation clearly hasn't produced the results that we want. We're trying to, again, do it on the front end to prevent folks from going to prison, prevent folks from needing to be rehabilitated once incarcerated. So on that note, I respect last Friday vote.
- Aisha Wahab
Legislator
Thank you. We have a motion by Senator Sehardo. Can we get a roll call?
- Committee Secretary
Person
Item seven, AB 2064. Joan Sawyer motion is do passed to appropriations.[Roll Call]
- Committee Secretary
Person
[Roll call]
- Aisha Wahab
Legislator
That bill is on call. AB 3241, by Assembly Member Pacheco, if you would like to present there. Whenever you're ready.
- Blanca Pacheco
Legislator
Good morning. Is it on? Okay, perfect. Good morning, Madam Chair and members. I would like to start by thanking the Committee staff for all their hard work on this bill. I will be accepting the Committee's amendments.
- Blanca Pacheco
Legislator
AB 3241 sets clear and comprehensive statewide standards for law enforcement K-9 programs with the goal of uniformity, accountability, and excellence in the use of police K-9s throughout California.
- Blanca Pacheco
Legislator
This bill will ensure that all law enforcement personnel are safely deploying K-9s and prioritizing the safety of the public and K-9 handlers, making California a leader on this issue. With me today to testify, are representatives from the California Police Chiefs Association and the Police Officers Research. I can't even speak.
- Blanca Pacheco
Legislator
I ran over here. And the Police Officers Research Association of California.
- Aisha Wahab
Legislator
Two minutes, buddy.
- Jonathan Feldman
Person
I'll be quick. Chair Members Jonathan Feldman, California Police Chiefs Association. K-9s are an important tool. They provide awareness that otherwise, without them, officers would not have the opportunity to detect certain threats that would have been Undetermined. With their sense of smell, hearing, they provide opportunities for time, distance, and space which give, you know, sorry chances to de-escalate the situation.
- Jonathan Feldman
Person
Statistics show in overwhelming cases, the deployment of a K-9 results in surrender or lawful compliance in over 90% of the situations that they're actually utilized in. Use of force instances, while rare, do occur, and there's always room to do better.
- Jonathan Feldman
Person
This bill will improve the programs by standardizing guidelines, certifying training, and requiring uniform reporting requirements across the state. We thank the Committee for their work on this one, the consultant for the work on the amendments, and we ask for your aye vote.
- Aisha Wahab
Legislator
Thank you. Do you have your next witness?
- Jonathan Feldman
Person
I'll give a me too on behalf of PORAC, who's not here.
- Aisha Wahab
Legislator
Okay. And then do we have any lead opposition? Lead opposition first. All right. So we have. Okay, no worries.
- Chris Burbank
Person
Thank you very much for your time today. My name is Chris Burbank. I am the former Police Chief in Salt Lake City, Utah, Vice President of the Major City Chiefs Organization, and President of the National Executive Institute. We should consider the fact that this bill lacks legal standard.
- Chris Burbank
Person
At a minimum, AB 3241 should be amended to include that prohibits K-9 use for resisting or threatening. That limits K-9s to only situation where a person is suspected of a felony involving threats of serious bodily injury or death, and prohibits the use of K-9s for crowd controls, especially crowd control.
- Chris Burbank
Person
This has been the standard across the country for 25 years. The IACP recommends that K-9s should not be used, especially not K-9s, that their reaction is to bite.
- Chris Burbank
Person
There are lots of opportunities for K-9s, police dogs that are trained to apprehend as well as to detect, in which their response is not a biting mechanism but a barking mechanism or a chasing mechanism. These amendments are reasonable amendments and really are the bare necessity.
- Chris Burbank
Person
In my experience as a police chief going back 15, 16 years, we changed the standard by which we used police K-9s in which their response was to bite individuals.
- Chris Burbank
Person
One it is a bad look for policing, but if you imagine the impact of another teaching an animal to bite a human being, especially in circumstances that don't rise to the necessity of this level of use of force, good policy is generated out of legislative bodies creating rules and standards by which the police operate, and then the police adhering to those legal standards that are set forth.
- Chris Burbank
Person
I urge you to vote no on this bill. Thank you.
- Aisha Wahab
Legislator
Thank you.
- Christy Lopez
Person
Good morning, Chair and members. My name is Christy Lopez and for over a decade I was a deputy chief in the U.S. DOJ Civil Rights Division, where I led police misconduct investigations of law enforcement agencies, and I now teach courses on policing and criminal procedure at Georgetown Law.
- Christy Lopez
Person
While I support legislation in this area, I am compelled to testify against in opposition to AB 3241. Because this bill, alone or in combination with 2042, fails to set clear and strict limitations on the use of police dogs.
- Christy Lopez
Person
My experience reviewing K-9 practices across the country has made clear that without clear legislative limits, AB 3241 will allow California law enforcement agencies to continue using police dogs to inflict unnecessary harm on people posing no threat to officers or others suspected of only minor crimes or no crimes at all, or in a mental health crisis.
- Christy Lopez
Person
In short, AB 3241 completely fails to address the life altering harms that brought police dogs into the legislative spotlight in the first place. Any bill passed by this Legislature that seeks to regulate the use of police dogs must have explicit statutory minimums.
- Christy Lopez
Person
At a minimum, K-9 deployment should be limited to situations where the individual is suspected of having committed a violent felony. The use is proportional to the imminent threat and where lesser force has been found, tried, has been tried, or found to be infeasible.
- Christy Lopez
Person
Lastly, while data collection analysis regarding K-9 use is critically important, the bill's data collection requirements will fail to produce the data needed for future policymaking.
- Christy Lopez
Person
The bill should be amended to require that law enforcement agencies be required to report on, among other data, accidental bites by K-9s, the reasons for and outcomes of K-9 deployments, and the cost of maintaining k nine programs, including the cost in officer time and in legal settlements.
- Christy Lopez
Person
Without this information, the Legislature, police departments, and the public will not have the information needed to make informed, rational decisions about using K-9s for force. Without explicit strict statutory standards, AB 3241 will do more harm than good, inviting unjustifiable uses of police dogs to continue, but now with a stamp of approval from the Legislature.
- Christy Lopez
Person
For these reasons, I urge the Committee to vote no on AB 3241. Thank you.
- Aisha Wahab
Legislator
Me toos either in support or in opposition. State your name, your organization, and whether you support or oppose.
- Garrett Hamilton
Person
Garrett Hamilton with the California District Attorneys Association. We support.
- Brandon Epp
Person
Brandon Epp on behalf of Los Angeles County Sheriff in support. Thank you.
- Jennifer Roe
Person
Good morning. Jennifer Roe with Capital Advocacy, on behalf of the Association of Orange County Deputy Sheriffs, the California Statewide Law Enforcement Association, the California Fraternal Order of Police, the Long Beach Police Officers Association, Sacramento County Deputy Sheriffs Association, and the San Bernardino County Employee Benefit Association, all in support. Thank you.
- George Parampathu
Person
George Parampathu, on behalf of ACLU California Action, Asian Law Alliance, and the National Police Accountability Project, in respectful opposition. Thank you.
- Lesli Caldwell-Houston
Person
Leslie Caldwell, Houston, for the California Public Defenders Association and the San Francisco Public Defender's Office, in opposition.
- Daniel Felizzatto
Person
Madam Chair and members, Dan Felizzatto on behalf of the Crime Victims Alliance in support.
- Roxana Gonzalez
Person
Roxana Gonzalez, Initiate Justice, in opposition.
- Katrina Reese
Person
Katrina Reese, with Initiate Justice in respectful opposition.
- Yolanda Navarrete
Person
Yolanda Navaretti with. I'm an outside organizer with Initiate Justice, and we respectfully oppose. Sorry.
- Aisha Wahab
Legislator
Thank you. Any other speakers that would like to oppose this or support this bill? Seeing none, we're going to move to members of the Committee. Seeing no. Senator Bradford.
- Steven Bradford
Legislator
Yes. Thank you, Madam Chair. I'm grappling with this measure because I know the history of why dogs were first utilized in law enforcement and it was due to slavery and then pursuing runaway slaves. And when you look at the data, most of the folks who are mauled by police dogs are people of color.
- Steven Bradford
Legislator
As an individual who is a dog lover, who spent 20 years of my life training German shepherds, Schutzen, which is a discipline of tracking obedience and protection, many of those individuals side-by-side were police officers. And I heard the stories of how they let their dogs loose on individuals and laughed as they mauled individuals.
- Steven Bradford
Legislator
So, do we need to rein this in? Yes. But again, I have to echo the concerns that the police chief stated as to when dogs should be deployed and it shouldn't be for a biting process.
- Steven Bradford
Legislator
We just saw just a few months ago, not here in California, but I forgot the state where you clearly saw an individual stop roadside. The guy was complying and one of the officers released a dog.
- Steven Bradford
Legislator
And that dog began to maul this individual so badly that even the officers were screaming, saying bring the dog back, retrieve the dog back. So, I think it needs to be some more guidelines. And I'm pretty sure a friend of mine who is now retired from LAPD. I would like to know the question.
- Steven Bradford
Legislator
What happens if the dog, you release a dog and that dog is injured? What is the response of an officer if that happens?
- Blanca Pacheco
Legislator
What happens if the dog is injured?
- Steven Bradford
Legislator
Yes.
- Blanca Pacheco
Legislator
I can.
- Steven Bradford
Legislator
How do police officers respond if the dog is injured?
- Blanca Pacheco
Legislator
I can have my witness testify as to that.
- Jonathan Feldman
Person
Yeah, I'll say after every incident, there's a review and an analysis. If the dog is injured or if there's any kind of excessive force or any type of abuse that occurs, unlawful, there's a review. The dog's pulled off, retrained, reevaluated, reassessed before they're actually put back into the field.
- Steven Bradford
Legislator
The dog is injured by the assailant that you're released onto. How do you respond to that? Same way attacking an officer. How would you respond?
- Jonathan Feldman
Person
I mean, every incident is going to be dynamic, and it's going to be dependent upon the level of force that's being used against. You know, there are bodies of law that regulate what type of force can be used.
- Jonathan Feldman
Person
We went through a year-and-a-half-long debate here about the use of force requirements for deploying any type of use of force, including a K-9. So, all of that is applicable here. Proportional force is required. It must be serious. It must meet the threat that's being presented.
- Jonathan Feldman
Person
You can't just use, you know, overwhelming force against somebody if they're not actually presenting that level of threat or threatened resistance. So, all of that is in play. It's in place. You know, I would disagree slightly with the comments that were made. There are those standards.
- Jonathan Feldman
Person
We spent a long time developing those standards that do apply to the use of canines, and we all agreed to what was set forth both in statute and in policy and training. This is now specific to the use of the canines. So, it's getting even more detailed and more granular on these exact type of programs.
- Jonathan Feldman
Person
So again, there are a comprehensive regulations already in place. We're doing more now.
- Jonathan Feldman
Person
We've got a companion bill that we've worked, you know, with throughout the course of the last year and a half to make sure that that proportional force requirement, while it's not in our bill, you're going to hear it presented by the second bill that's going to be here looking like right after ours.
- Jonathan Feldman
Person
So, all of that is what we're trying to address here. And we did have a legal standard that we tried to figure out in the scope of this bill. Unfortunately, we, you know, opted to remove it because we couldn't quite get there.
- Jonathan Feldman
Person
But the legal standard that is in place right now for any use of force still applies for the use of force on the K-9s, including, again, the proportional force requirements that you cannot use excessive force against, you know, a lower level of force that is unnecessary.
- Steven Bradford
Legislator
I appreciate that.
- Steven Bradford
Legislator
And I know this is more anecdotal, but I've heard from friends of mine were in law enforcement, a scenario that they were in one time, they released a dog in a garage, and they heard the dog yelp, and they knew the dog had been injured, and they decided right there that person wasn't coming out that garage alive, and they killed that person.
- Steven Bradford
Legislator
The dog wasn't killed, but the fact that you attacked the dog, they looked at as attack on officer, which he is an officer. The dog is an officer. But it shouldn't require someone to lose their life over injuring a dog, and that person lost their life.
- Blanca Pacheco
Legislator
And I can make a comment as to that. Understand the question at first, but I think every case is case by case, and most incidents, I haven't heard of any such incident where someone has killed another person because they have attacked the dog. And that's actually not in this bill.
- Blanca Pacheco
Legislator
This bill is just to set statewide standards as to the deployment of canines. I appreciate your comments. Thank you.
- Aisha Wahab
Legislator
Thank you, Senator. Senator Seyarto.
- Kelly Seyarto
Legislator
Thank you very much. And thank you for your bill. I know there's been attempts to address some of the issues regarding police dogs over the last couple of years. And, you know, the use of police dogs for anybody that works in public safety or has been in public safety over the last 30 years can tell you that it has evolved.
- Kelly Seyarto
Legislator
The dogs are highly skilled and trained, and that doesn't mean there's not room for more. And I think your bill addresses that by creating the very standards and also, you know, with the training requirements that fit today's world. The dogs are extremely useful.
- Kelly Seyarto
Legislator
I've, you know, when we're speaking about anecdotal stories, I didn't listen to somebody else who listened to somebody else. I've actually been able to see the results of incidents that don't have dogs versus incidents where the dogs were utilized.
- Kelly Seyarto
Legislator
And while it may have created a, you know, the use of the dog actually de-escalated a situation or situations that I've been in, and it's also resulted in way less injuries for the person that was trying to be apprehended but hiding, and they did have weapons. And so, you know, all these different incidents that happen.
- Kelly Seyarto
Legislator
Yeah, you know, things happen when you're using any tool. When you're driving your police vehicle incidents happen. It is a tool, and it is a valuable tool. Dog's ability to smell and locate somebody that's hiding can prevent an officer from being ambushed and shot, and that's why they deploy them in those situations.
- Kelly Seyarto
Legislator
Not to say that we could use more training, and I like that your bill focuses on that as opposed to talking about the history of dogs way back 150 years ago and saying that that's a reason for us not to use them at all. I think they're valuable.
- Kelly Seyarto
Legislator
As sad as it is, you know, when a dog gets shot, which we have had, in fact, we had one in Paris that got shot and killed, and it didn't result in, you know, other people getting killed, sometimes it does.
- Kelly Seyarto
Legislator
And because those people remain, remain a threat, and they continue to threaten at a lethal force, and so lethal force is used to take them down. So all of these anecdotal stories, they're here, they're on both sides.
- Kelly Seyarto
Legislator
But at the end of the day, for public safety purposes, we have to find an area where we do have, we do are able to use these police dogs, and we need to enable them to be used as safely as possible. But understanding that they're just like anything else, you know, there's going to be bad incidents.
- Kelly Seyarto
Legislator
And for those that are accidentally bitten, there are certainly recourses that compensate people when that happens. And that's the legal part of it. So, it's not like they bite somebody and nothing happens and they go on. But, you know, I'd rather, I've treated both. I'd rather treat a dog bite than a bullet wound.
- Kelly Seyarto
Legislator
And because I can tell you in almost 99% of the cases, the bullet wound is a lot more lethal. Thank you.
- Blanca Pacheco
Legislator
Thank you, senator.
- Aisha Wahab
Legislator
Thank you. Considering that we have two K-9 bills and both authors in this hearing room today, I do want to highlight a couple of things. One, I want to thank you as the author for accepting the Committee amendments. I do know both bills have amendments given to the authors, which I believe both have accepted.
- Aisha Wahab
Legislator
I want to say that from the outset, this Committee does deeply care about this particular issue. And I agree that, you know, we do need more parameters and standards for the use of K-9s when it comes to law enforcement and their duties on the job.
- Aisha Wahab
Legislator
I will say personally, I'm not a big fan of using animals in any circumstance for, I'm not a big fan of zoos or aquariums or things like that. I just don't believe that that should be part of an animal's life.
- Aisha Wahab
Legislator
But at the same time, I do want to highlight, as a city council member, we've had a number of different K-9 issues that have come up in our city, in my previous city. And one of the concerns that I've always had was the fact that oftentimes the K-9 goes after the wrong person, number one.
- Aisha Wahab
Legislator
Number two is the fact that the damage of a K-9 bite does result in nerve damage. It also creates a lot of fear. For example, there are some cultures that just genuinely do not like animals. They do not necessarily. There's a fear of dogs.
- Aisha Wahab
Legislator
Some people believe it's an outside animal, and they are able to get into places that obviously human beings can't get into as quickly.
- Aisha Wahab
Legislator
So, for example, if the example about a garage and so forth, if the animal were to go into the wrong person's garage, if that person was afraid of dogs, if that person felt like they were defending themselves. Right? There's a lot of concerns there as to what is appropriate.
- Aisha Wahab
Legislator
When should a canine be released and what it should be utilized for? Obviously, when we go into an airport and we see canines that are either sniffing for bombs or drugs or anything like that, you know, that makes sense. The handler is holding it.
- Aisha Wahab
Legislator
But we also see a lot of videos on social media that clearly show that officers are not fully trained in utilizing an animal. More specifically, pulling the animal off an individual after they are being attacked. Right? At the end of the day, it is an animal. Right?
- Aisha Wahab
Legislator
Number two, we've also seen a significant number of videos that show an officer potentially abusing a dog as well, either leaving it in a vehicle that has overheated and that animal has died, or even just abuse, because that's how they believe that they can get the dog back in line.
- Aisha Wahab
Legislator
So, I think that there's a significant amount of concern, and rightfully so, as we are dealing with, again, a creature that cannot also advocate for themselves. So, we are talking about animals and the work that they do and so forth, and at the end of the day, also people's lives as well as the animal's life.
- Aisha Wahab
Legislator
So, I agree that it is crucial that police receive the proper training and that law enforcement agencies publish data regarding the use of K-9s. I also think that we should try to force. We should, you know, take a look at a solution on something that is important as use of force standard with limited time to negotiate before our last hearing.
- Aisha Wahab
Legislator
This is our last hearing, and the fact that, you know, the multiple sides that have talked about this issue have not come to some solid agreement as to what does this look like moving forward. Again, people's lives are at stake.
- Aisha Wahab
Legislator
I am deeply concerned about the animal as well, and just a tool that we have been utilizing without any real standards there. Right? So I am concerned about that. I'm hoping that both authors work with each other as well as the advocacy groups on both sides of this discussion.
- Aisha Wahab
Legislator
The Committee amendments removing that standard and delaying the bill's other requirements reflect the Committee's desire that the proponents and opponents of this bill continue negotiating next year to find a workable compromise regarding that legal standard.
- Aisha Wahab
Legislator
My staff obviously clearly wants to help in this regard, and at that point, I just want to say that this is a clarification of removing the standard doesn't mean that no use of force standard will apply to police K-9s, simply that the use of force standard developed in case law will continue to govern for the time being.
- Aisha Wahab
Legislator
With that, I would ask you to close and we can move forward.
- Blanca Pacheco
Legislator
Thank you, Madam Chair and Members, thank you for allowing me the opportunity to present my K-9 bill. I am committed to working with the author of the companion bill. We have been working together since the on the Assembly side. We are continuing to work together, and so I respectfully ask for your aye vote.
- Aisha Wahab
Legislator
Thank you. Do we have a motion? Senator Seyarto moves the bill.
- Committee Secretary
Person
Item 21, AB 3241, Pacheco. Motion is do pass as amended to Appropriations. [Roll cal]
- Aisha Wahab
Legislator
That bill's on call. Thank you. Thank you. Next we have Assemblymember Jackson. Assemblymember Jackson will be presenting file item, well, two file item three, the AB 1799.
- Corey Jackson
Legislator
Thank you very much, Madam Chair. AB 1799 will amend the Child Abuse and Neglect Reporting act to remove the reporting requirement of General neglect for mandated reporters. The current definition of General neglect is overly broad and incorporates situations that are screened out by Child Protection Agency hotline workers at a high rate.
- Corey Jackson
Legislator
The removal of the General neglect is an official recommendation of the Child Welfare Council of California in which I am a member and as a mandated reporter and as a former mandated reporter, as a social worker reporter.
- Corey Jackson
Legislator
This also makes sure that reporting requirements will lower the rate of screened out and unsubstantiated calls to enable resources to be redirected to substantiated cases of abuse and severe neglect, and even more importantly, reduce the harm and trauma to children's families and communities.
- Corey Jackson
Legislator
Amending this to remove General neglect from mandated reporting requirements would not prohibit mandated reporters from reporting General neglect if they determine a child is a substantial risk of suffering serious physical harm or illness. Further, California must ensure that mandated reporters are adequately trained and community resources are available and accessible to support the implementation of this amendment.
- Corey Jackson
Legislator
The Child Welfare Council has a series of recommendations, of which this is only one to begin this process of changing how mandated reporting is done in California.
- Corey Jackson
Legislator
So, we don't see the huge disparities that exist when it comes to reporting based upon racial and ethnic data, and to ensure that the overly taxed system is able to focus on not those issues that are more subjective and can lead to some really bad outcomes that we've seen over the last few decades.
- Corey Jackson
Legislator
I respectfully ask for an aye vote. Thank you.
- Aisha Wahab
Legislator
Do you have any witnesses?
- Corey Jackson
Legislator
I do not.
- Aisha Wahab
Legislator
All right. Since we have no lead witnesses, we'll move on to lead opposition seeing none lead opposition. Okay.
- Eileen Cubanski
Person
Good morning. Eileen Kabanski with the County Welfare Directors Association. I want to say I agree with everything the author just said on this Bill.
- Eileen Cubanski
Person
We are Members of the mandated reporting to community supporting task force that made a series of recommendations, including the one in this Bill, to work together to support the overall goals of supporting children and family in their communities and reducing unnecessary child welfare involvement, as well as reducing disparities in the child welfare system.
- Eileen Cubanski
Person
Our concern with this Bill and why we haven't opposed unless amended on it, is that this change alone to the General neglect reporting will not have the intended effect of reducing calls to child welfare without two other task force recommendations. We believe that need to be enacted concurrently and are critical to the success of this Bill.
- Eileen Cubanski
Person
First, the training of mandated reporters must be updated and importantly, standardized to explain the new policy and responsibilities under it. If all mandated reporters don't understand it and aren't trained consistently on how to apply it, there will be confusion and the default will be to report.
- Eileen Cubanski
Person
And second, the liability standards for mandated report must be updated if mandated reporters and attorneys who advise them fear prosecution or civil liability. This leads to fear based decision making that will continue to lead to overreporting as the default.
- Eileen Cubanski
Person
So, we ask that the Bill be amended to incorporate those two provisions consistent with the task force recommendation and delay implementation of this particular change to the reporting requirement to July 1, 2026, while the training and liability changes are implemented.
- Eileen Cubanski
Person
We want to see the changes proposed by this Bill succeed, but we do not think it is as effectively accomplished in a piecemeal fashion. And thank you for the opportunity to present.
- Aisha Wahab
Legislator
Thank you. Any other lead opposition? Seeing none. Can we just get me twos? Whether you support or oppose the Bill.
- Vanessa Hina
Person
Vanessa Hina on behalf of the California Academy of Family Physicians here in support.
- Ann Quirk
Person
Ann Quirk, Children's Law Center of California in support.
- Aisha Wahab
Legislator
All right, we're going to move to Members of Committee, Committee Members seeing none. Would you like to close?
- Corey Jackson
Legislator
Sure. I appreciate the opposition's statements. I totally agree. We have a whole lot more recommendations, and it's my intent to continue to work through those. Just to be honest.
- Corey Jackson
Legislator
We know we're in a fiscal situation, and when you start trying to do training and creating curriculum and doing websites and all that stuff, number one, who knows when that website is going to be done?
- Corey Jackson
Legislator
But I think overall it's more appropriate to do those other items through the budget process and which I intend to do next year. But the idea is that we've got to change this. We know this has been a problem for such a long time, and we're going to get the job done.
- Corey Jackson
Legislator
I respectfully ask for an aye vote.
- Aisha Wahab
Legislator
Thank you. Do we have a motion? We have a courtesy motion by Senator Seyarto.
- Committee Secretary
Person
Item three, AB 1799. Jackson. Motion is do pass to appropriations. [Roll Call]
- Aisha Wahab
Legislator
That bill's on call. Our next Bill will be presented by Assemblymember Jackson, file number four, AB 2042.
- Corey Jackson
Legislator
Thank you very much, Madam Chair, AB 2042 is part of the companion legislation to ensure that California has its first ever statewide standards when it comes to the use of police K9.
- Corey Jackson
Legislator
This has been a very thoughtful, and I would say various rigorous conversations that we've had, really discussing line by line what should be in these bills, to making sure that everyone knows that this is intended to be a very balanced approach, but to also make sure that we move forward.
- Corey Jackson
Legislator
It is just simply not acceptable for California not to have statewide guidelines for all of law enforcement to be able to follow. So with that, I respectfully ask for an aye vote.
- Aisha Wahab
Legislator
Thank you. And I just want to make it clear. Do you accept the Committee amendments?
- Corey Jackson
Legislator
I accept the Committee amendments.
- Aisha Wahab
Legislator
Thank you. Do we have lead witnesses? Seeing none. Lead opposition.
- Chris Burbank
Person
Thank you. Again, just to restate, my name is Chris Burbank, and I am a retired Police Chief. I won't go through my resume as to what I've done before, but I think it's important this morning to discuss a few things that have been brought up or mentioned.
- Chris Burbank
Person
One is the fact that most policy across the nation and in California prohibits the deployment of a canine on a barricaded or armed suspect that's going to potentially harm the canine, and so this does not alleviate the burden of a police officer. In fact, it's not even taking the place because policy prohibits that.
- Chris Burbank
Person
So we are reserving the use of a canine not for the most serious and dangerous situations in which an officer encounters, but those that are at a lesser standard. And again, when that lesser standard is vague or unclear, we are leaving that to the decision of the officer.
- Chris Burbank
Person
The other thing that I think is important is animals, no matter how well trained, make mistakes. They have a mind of their own, they are unpredictable, and while I will absolutely agree these are amazingly trained individual animals, they do make mistakes. One of the things that I think is important is an apprehension dog, their reward, how they are trained, is to bite.
- Chris Burbank
Person
So biting an individual is the reward. Biting a human being is the reward that the animal gets for performing adequately. And I think that's important when we think about what is the purpose of policing, and as we look and we start down the road, I believe the same amendments that I spoke of should be in place, especially crowd control.
- Chris Burbank
Person
But as we look and we consider what is the role of policing in our society today and why are we experiencing what we are experiencing, it is because we have a crisis of legitimacy taking place here. Legitimacy is not found in 'trust us, we'll tell you what's best for you,' legitimacy is found in good, solid bodies such as this: making decisions, outlining guidelines, good, common sense guidelines that meet the needs of all involved, that are realistically, and I encourage you to vote against this bill. Thank you.
- Aisha Wahab
Legislator
Thank you.
- Christy Lopez
Person
Good morning, again. My name is still Christy Lopez, and for over a decade, I was Deputy Chief in the U.S. Department of Justice, as I said, and I teach at Georgetown Law. While many California law enforcement agencies do not use dogs for force at all, in some, the option of using canines to inflict serious harm on people who have committed only minor violations has become normalized. And this is in part because the Fourth Amendment case law that has been developed in this area provides insufficient guidance.
- Christy Lopez
Person
Legislation does provide the best opportunity to hit the reset button on this normalized abuse and to create consistent, detailed, and strict limitations for when canines may and may not deployed. Unfortunately, I'm compelled to testify against AB 2042 because the standard it would set at the state level is worse than that of many police agencies, including agencies in California. Most anachronistically, the bill permits the use of police canines for crowd control. This should be completely off the table.
- Christy Lopez
Person
The United States Department of Justice has stated that canines are inappropriate for crowd control, and just last year, in a letter to the Assembly Public Safety Committee, California police departments expressed agreement with a section of the bill that sought to prohibit the use of canines for any form of crowd control.
- Christy Lopez
Person
This legislation should directly prohibit the use of crowd control and not leave it to POST to do whatever they see fit. AB 2042 also allows canines to bite people based on a threat of resistance. I am unaware of any court decision or statute permitting use of force in this manner.
- Christy Lopez
Person
Just two weeks ago, the United States Department of Justice found that the Phoenix Police Department, which, like California is in the Ninth Circuit, had a pattern of using unreasonable force, in part because officers were trained to use force against speculative threats of resistance. In the same vein, this bill's overly permissive language invites the use of excessive force.
- Christy Lopez
Person
Lastly, the bill's language allowing deployment where proportional to the seriousness of the offense, does not provide clear guidance. Based upon my decades of reviewing canine practices, I can assure you that to prevent the abusive use of canines, it is necessary to set out clear restrictions. At a minimum, police canines should only be deployed if the suspect has committed a violent felony. The use is proportional to the imminent threat unless the force is not feasible. Thank you.
- Aisha Wahab
Legislator
Thank you. We're going to move on to support or opposition MeToos.
- Lesli Caldwell-Houston
Person
Lesli Caldwell-Houston for the California Public Defenders Association, in opposition; also the San Francisco Public Defender's Office, in opposition.
- George Parampathu
Person
George Parampathu, on behalf of ACLU California Action, the National Police Accountability Project, and Asian Law Alliance. We have an opposed unless amendment position. Thank you.
- Aisha Wahab
Legislator
All right, seeing no other speakers. Senator Seyarto? All right. I do want to make it very clear that the committee amendments include a prohibition on the use of canines for crowd control. So that is a clearly stated point. So, Assembly Member, would you like to close?
- Corey Jackson
Legislator
Yes. Obviously, when you're dealing with issues like this is very complicated, and that's why we've been trying to make sure that, again, the goal of these two pieces of legislation is to have a balanced approach and to make progress and to address this issue that we've seen in the data.
- Corey Jackson
Legislator
You know, I really think that also, this doesn't prohibit POST from continuingly looking and revising these policies into the future if we see there's some other things that need to be addressed, but in talking with those who are supporting or opposing this bill, it just seemed to me that no one really had much trust in about anything to be able to come to a consensus, which is why POST exists, and I think that this is a reasonable start.
- Corey Jackson
Legislator
There's no secret how I feel and how I've had a previous bill that was definitely more aggressive, but simply doing nothing, I think, is overly permissive as well. And so, you know, respectfully ask for an aye vote and we're going to continue to look at this and do the best we can for the people of California.
- Aisha Wahab
Legislator
Thank you. And again, I know you were here when I mentioned my other comments, so I'm hoping that we have something on the table for next year. I do appreciate your work and the comments still stand for me. Do we have a courtesy motion?
- Kelly Seyarto
Legislator
Yes. Courtesy move.
- Aisha Wahab
Legislator
We have a courtesy motion by Senator Seyarto. Can we get a roll call?
- Committee Secretary
Person
Item Four: AB 2042: Jackson. Motion is do pass as amended to Appropriations. [Roll Call].
- Aisha Wahab
Legislator
So that bill's on call. Thank you. All right, we're going to move on to file item number two by Assemblymember Bryan, AB 544.
- Isaac Bryan
Legislator
Good morning, Madam Chair.
- Aisha Wahab
Legislator
Good morning.
- Isaac Bryan
Legislator
And Senator Seyarto. Here to present AB 544, which created a pilot program to improve voter participation in California, specifically in jails. People who are incarcerated in jails across California still legally maintain their right to vote. Over three-quarters of people who are incarcerated in our jails are there pretrial.
- Isaac Bryan
Legislator
The problem is we don't facilitate elections in jails very well. Some counties have vote-by-mail programs to facilitate voting in jails. However, statistics indicate that incarcerated people, a group overwhelmingly compromised of low-income communities of color, still experience significant barriers to voting and accessing voter education materials, which results in lower overall voter turnout.
- Isaac Bryan
Legislator
AB 544 will create a pilot program that will provide grants to three counties to improve voting access for people who are incarcerated in local jails. It will require the pilot counties to establish a location where incarcerated people can vote, return their completed vote by mail ballot, update their voter registration, and conditionally register to vote.
- Isaac Bryan
Legislator
The pilot program will bring us closer to the kind of parity we're seeing in other states across the country. Just recently, the entire State of Colorado turned every single jail into a polling place.
- Isaac Bryan
Legislator
We've also seen this kind of local jail facilities turning into polling places in Washington, DC, Cook County, Will County in Illinois, Harris County, Texas, so on and so on. This Bill takes us closer to a democracy that includes everybody. Here to testify and support is Tom Tran, the architect of this Bill for many, many reasons.
- Isaac Bryan
Legislator
From the Ella Baker Center.
- Aisha Wahab
Legislator
Thank you. You'll have two minutes.
- Thanh Tran
Person
Thank you. My name is Tom Tran, policy consultant with the Ella Baker Center for Human Rights. When democracy works, it works really well. An example of when it worked really well was one of my good friends, Marcus, who I was incarcerated with. And he shared with me a rare occurrence that happened in county jail.
- Thanh Tran
Person
A kind correctional officer volunteered during his shift to make sure that everybody in the pod that he was incarcerated and knew that they had the right to vote. And his officer was also willing to volunteer to make sure that they casted the ballot. And Marcus, at this time, had never voted before.
- Thanh Tran
Person
He didn't know if he was eligible to vote. He didn't know the issues that he was going to be voting on. But when he saw line by line, the issues that affected his mother, that affected his children, that affected his family, he, for the first time ever, transformed his relationship to the community.
- Thanh Tran
Person
For the first time ever, he felt like he had a stake in the community. And I shared this in the Assembly, and I'll share it here. The day that Marcus voted for the first time in county jail was the day that Marcus left the gang life in county jail.
- Thanh Tran
Person
The day that he voted and casted his first ballot in county jail was the day that he recommitted to being a father in spite of his incarceration. The day he casted his ballot in county jail, democracy worked.
- Thanh Tran
Person
So AB 544 is about taking this rare instance of transformation in democracy and replicating that experience, expanding that experience and not relying on one kind officer, but relying on us as Californians to say that the transformative power of democracy needs to be accessible to everyone, especially the black and brown communities hat overrepresent our incarcerated population.
- Thanh Tran
Person
So I implore you to please pass AB 544.
- Aisha Wahab
Legislator
Thank you. Do you have any other lead witnesses seeing? None. Can we get lead opposition? There is none. Thank you. Can we get metoos?
- Lesli Caldwell-Houston
Person
Leslie Caldwell Houston for the California Public Defenders Association and the San Francisco Public Defenders Office in support
- Antoinette Ratcliffe
Person
Antoinette Ratcliffe with Initiate Justice, proud cosponsors in strong support. And I also have the proxy of giving the support of League of Women Voters California. Thank you.
- Aisha Wahab
Legislator
Thank you.
- Panorea Avdis
Person
Panorea Avdis, on behalf of the California Community Foundation, in strong support.
- Yadi Younse
Person
Yadi Younse with Oakland Privacy in support.
- Barbara Chavez
Person
Barbara Chavez with the Ella Baker Center for Human Rights in strong support.
- Tatiana Lewis
Person
Tatiana Lewis with the Ella Baker Center in strong support. Thank you.
- Ed Little
Person
Ed Little on behalf of Californians for Safety and Justice in support.
- George Parampathu
Person
George Parampathu on behalf of ACLU California Action and Disability Rights California. Thank you, in support. Thank you.
- Bernice Rogers
Person
Good morning. I'm Bernice Singh Rogers, an outside organizer for Initiate Justice and Inmate Family Council of Salinas Valley, I strongly support.
- Rosa Lucero
Person
Rosa Ortez Lucero. I strongly support.
- Aisha Wahab
Legislator
Thank you.
- Laura Laurios
Person
Laura Laurios outside organizer for Initiate Justice. Strongly support.
- Mark Mason
Person
Mark East Mason, California Environmental Voters in support. Thanks.
- Debray Sanders
Person
Debray Sanders, Catalyst California. Strong support.
- Aisha Wahab
Legislator
Thank you. All right, moving on to Members of the Committee, Committee Members, Senator Seyarto has a question.
- Kelly Seyarto
Legislator
Quick question. So when they register vote, are they voting in the city that they're in or the county that they're in, or are they voting in the county they came from? In other words, if they're housed in Murrieta, but they're kept at a prison system up here in Folsom. Are they registering for Folsom or Murrieta?
- Isaac Bryan
Legislator
So it is in the county. This is only for county jails, which are located in the county where you live and where you are. I would love to restore voting rights for folks who are in prison that would have their vote counted.
- Kelly Seyarto
Legislator
In other words, like, it's an absentee voter type situation.
- Isaac Bryan
Legislator
It is. You are voting from where you're from.
- Kelly Seyarto
Legislator
And that's what this does or it does not...
- Isaac Bryan
Legislator
That is what this does, and that is what I wish we also did at state prisons.
- Kelly Seyarto
Legislator
Mm hmm. Okay. Thank you.
- Aisha Wahab
Legislator
All right. Do we have a close from the Assemblymember?
- Isaac Bryan
Legislator
Yes. This Bill received bipartisan support, and the other house has no known opposition. People who are incarcerated have their right to vote. We just don't do it well, we should do it better. Democracy thrives when it includes everybody. I want to thank my witness, Tom Tran, for being here today. Without him, this Bill doesn't exist.
- Isaac Bryan
Legislator
And I respectfully ask for your aye vote.
- Aisha Wahab
Legislator
Thank you.
- Aisha Wahab
Legislator
Okay, so do we have a courtesy motion?
- Kelly Seyarto
Legislator
I'll give a courtesy motion.
- Aisha Wahab
Legislator
You have a courtesy motion by Senator Seyarto. Can we get a roll call vote?
- Committee Secretary
Person
Item number two, AB 544. Bryan. Motion is do pass to Appropriations. [Roll Call]
- Committee Secretary
Person
[Roll Call].
- Aisha Wahab
Legislator
No bipartisan support here. Sorry.
- Isaac Bryan
Legislator
Not yet.
- Aisha Wahab
Legislator
Thank you. We are asking for other authors to show up. 2200. We have a long list. All right, we can lift the call. Let's start from the very top, so Senator Skinner can--you ready? Ready? Let's start with consent.
- Committee Secretary
Person
Consent calendar is currently at three to zero. [Roll Call]. Item Number One: AB 1186. No, we didn't do that one. Sorry. Item Number Two: AB 544: Bryan; motion was do pass to Appropriations. Current vote is one to one. [Roll Call].
- Aisha Wahab
Legislator
That bill's on call.
- Committee Secretary
Person
Item three: AB 1799: Jackson; motion is do pass to Appropriations. Current vote is one to zero. [Roll Call].
- Aisha Wahab
Legislator
That bill's on call.
- Committee Secretary
Person
Item four: AB 2042: Jackson; motion is do pass as amended to Appropriations. Current vote is one to zero. Skinner?
- Nancy Skinner
Legislator
Okay. Apologies. I have to ask questions.
- Committee Secretary
Person
This is the Jackson bill. It took amendments.
- Nancy Skinner
Legislator
Okay cuz that was a name change?
- Committee Secretary
Person
It's a do pass as amended to Approps.
- Committee Secretary
Person
So taking the crowd, we took the crowd control out, which is, I think, what you wanted.
- Aisha Wahab
Legislator
They both took amendments. It is complimentary to each other and nothing significant in the sense that next year they have to come back to the table.
- Aisha Wahab
Legislator
All right, let's. Let's keep going. Moving on to item number seven, AB 2064. Joan Sawyer. Motion is do passed to appropriations. Current vote is two to one. Skinner, aye. Skinner, aye. Item number 21, AB 3241. Pacheco. Motion was do pass as amended to appropriations. Current vote is two to zero.
- Committee Secretary
Person
We're coming back.
- Aisha Wahab
Legislator
Okay.
- Aisha Wahab
Legislator
All right, thank you. Now we have file item 18, AB 2959 by Assemblymember Ortega. She will present. I will highlight the fact that we have a couple of Members of the Committee presenting their own bills and serving on other committees, myself included.
- Aisha Wahab
Legislator
I will be stepping out in a little bit as well, and Senator Sayarto will take over. Assemblymember, whenever you're ready.
- Liz Ortega
Legislator
Good morning, Madam Chair and Senators. Thank you for the opportunity to present AB 2959 before you all today. This Bill directly affects the lives of countless families across our state. Currently, families visiting their loved ones in CDCR facilities are confronted with extraordinarily high food prices.
- Liz Ortega
Legislator
Additionally, visitors are limited in the amount of money that they can bring into facilities. Families can only bring up to $70 per adult or $40 per child to buy snacks and food items.
- Liz Ortega
Legislator
The cost of food in these facilities is unregulated, which results in prices that are sometimes two or three times higher than what they would be in a local store. AB 2959 aims to rectify this.
- Liz Ortega
Legislator
It requires that food prices and prison vending machines align with the average market retail price in the communities where the prisons are located. AB 2959 is a step towards fairness, affordability, and dignity. Witness. Today I have testifying with me, Lawrence Cox with the regional advocacy and organizing associate for legal services.
- Liz Ortega
Legislator
We also have Jennifer Penrose with the power and Unity fellowship.
- Kelly Seyarto
Legislator
Thank you very much, both speakers that are primary witnesses. You have two minutes each. Welcome.
- Lawrence Cox
Person
How you guys doing? My name is Lawrence. I am system impacted. I spent 17 years behind the walls enduring incarceration because of my own actions. I'd also like to uplift that rehabilitation is key.
- Lawrence Cox
Person
Public safety committees have always agreed that one of the best conduits to helping decrease recidivism is including and uplifting visiting, and that requires removing barriers to visiting. Also, if we want to remove barriers to visiting, we have to look at these visiting rooms.
- Lawrence Cox
Person
Our visiting rooms are our conduits to increasing these opportunities for individuals to have moments and to share time with their family and their loved ones. It's difficult to do that when prices are sometimes marked up anywhere from two to 300 to 400, sometimes even 500%.
- Lawrence Cox
Person
And we also have to realize that some of these families come from lower economic backgrounds and already single homes that are struggling to make it on the street already as well.
- Lawrence Cox
Person
So, what this Bill actually seeks to do is kind of ease the burden and cap the price that vendors are allowed to charge on the food that are in the vending machines.
- Lawrence Cox
Person
I think this would go great for helping increase the environment and the likelihood that individuals will be able to afford to come travel and see their loved ones more often than they probably already and I will.
- Kelly Seyarto
Legislator
Jennifer, thank you very much. And you have two minutes, ma'am.
- Jennifer Penrose
Person
Okay, thank you. Hello members. Thank you for hearing me. I'm Jennifer Penrose with Power and Unity Fellowship and I am system impacted today. I'm here to testify on the struggles I personally face in the visiting room with the vending machine and quality and prices and the importance of AB 2959.
- Jennifer Penrose
Person
If you were out for a weekend with your loved ones at the farmer market and, sorry, you cut a whiff of something that smells good, it's a vendor there selling street Tacos and you find out that the Taco is $10, you are going to probably pass on that and go home and make some food or go somewhere else with better quality prices.
- Jennifer Penrose
Person
We don't get that opportunity. Unfortunately. Our families are offered gas station quality burgers, burritos, pizzas and chips for the weekend. Weekend in and out. Only the prices are over double than that at the gas station. We aren't allowed to bring food into the prison and we're not offered any other options.
- Jennifer Penrose
Person
These vendors are monopolizing off of a demographic of people who are already struggling to get by. I'm the mother of two school age children. I am a full time college student and I work less than part time. I'm financially responsible for everything in our family from rent, bills, sports, field trips, necessities, quarterly packages, and visiting.
- Jennifer Penrose
Person
This weekend, I will have to make a choice to either borrow from my rent money or submit my rent money because temperatures will reach over 105 degrees in Vacaville.
- Jennifer Penrose
Person
I want to go take my husband out of that hot cement building that will probably reach over 120 degrees and give him some relief from the heat that will cost my family $320 this weekend. And for me only being 20 minutes down the street, that's still a lot.
- Jennifer Penrose
Person
But there are families that come from far that have to pay almost a whole month's worth of rent just for one weekend to spend with their family.
- Kelly Seyarto
Legislator
Thank you, ma'am. Thank you. All right, do we have any lead opposition witnesses? If we don't, we'll take the me too's. Anybody who is in favor or opposing the Bill, please come up. State your name, your opposition or approval, and the organization you represent. Thank you.
- Lesli Caldwell-Houston
Person
Leslie Caldwell Houston. For the California Public Defenders Association in support as well as the San Francisco public office in support.
- George Parampathu
Person
George Brampthew, on behalf of ACLU, California action in support. Thank you.
- Katrina Reese
Person
Katrina Reese, on behalf of Initiate Justice in support. Barbara Chavez with the Ella Baker Center for Human Rights in support as well as all of us or none. Oakland in support. Good morning. Tatiana Lewis from the Ella Baker center and strong support as well as legal services for prisoners with children. Thank you. And little on behalf of Californians for safety and justice and support.
- Unidentified Speaker
Person
Bernie Singh Rogers, outside organizer with Initiated justice and Inmate Family Council with Salinas Valley. I strongly support. Laura Larios, outside organizer with initiated justice and I strongly support.
- Unidentified Speaker
Person
Rosa Ortez Lucero. I strongly support also.
- Kelly Seyarto
Legislator
Okay, I thought you were coming up to say that you support, so I was waiting. All right, so we will bring it back to the dice. Any questions? I have a motion. Senator Skinner, I think you're the only one that can make a motion of you.
- Nancy Skinner
Legislator
Sorry, I moved the Bill.
- Kelly Seyarto
Legislator
Thank you. We do have a motion. Would you like to close?
- Liz Ortega
Legislator
I respectfully ask for your. I vote when the time is right.
- Aisha Wahab
Legislator
All right. Will you please call roll item 18, AB 2959. Ortega. Motion is due. Pass to appropriations. [Roll Call]
- Committee Secretary
Person
Phone call's on call.
- Kelly Seyarto
Legislator
I will so that Bill will remain on call.
- Committee Secretary
Person
Thank you.
- Kelly Seyarto
Legislator
Miss Sanchez. You're back. We're going to take you next. Come on up. Thank you for your patience and giving you the extra steps. We gave you extra steps today. It's one of those weeks. Yes, all good.
- Kelly Seyarto
Legislator
All right, great. This is AB 1978, I believe.
- Kate Sanchez
Legislator
Thank you, Mister chair and Senators, I want to thank the Committee for hearing this Bill. Street racing is an epidemic that has led to the preventable deaths of countless people across California.
- Kate Sanchez
Legislator
California has seen a sharp rise in illegal street racing as street racers take advantage of the highways, parking lots and roads through forcibly blocking cars from using the these roseways. Illegal street racing is not only dangerous, but it often has fatal consequences for participants, pedestrians, commuters, and law enforcement alike.
- Kate Sanchez
Legislator
On January 1, 2024 a 23-year-old woman was killed by a driver who lost control of the vehicle while participating in a sideshow in Stockton, California. This is just one of the countless cases of senseless and preventable deaths from street racing accidents.
- Kate Sanchez
Legislator
Under current law, law enforcement often struggle to effectively curb sideshows and exhibitions of speed as oftentimes, these sideshows just continue in a different intersection with the same participants after law enforcement broke up.
- Kate Sanchez
Legislator
The original event, AB 1978, will allow peace officers to seize a vehicle that blocks a road to facilitate street races without needing to take the owner of the vehicle into custody.
- Kate Sanchez
Legislator
This will ensure that speed exhibitions will not continue in a different location once a street race has been dispersed by peace officers and will keep roads, pedestrians and other drivers safe. This Bill is supported by many groups aiming to protect innocent bystanders, such as Street Racing Kills, the Connor Lynch foundation and SoCal families for safe streets.
- Kate Sanchez
Legislator
Testifying with me today is Lieutenant Brandon Epp with the Los Angeles County Sheriff's Department.
- Kelly Seyarto
Legislator
Thank you. As the lead, our lead witness for the Bill.
- Brandon Epp
Person
You have two minutes. Thank you, chair and Members branded up on behalf of Los Angeles County Sheriff's Department. This is very timely because over the past three days in Los Angeles, we saw two major street takeover events. Each event saw more than 50 cars block off two different intersections on two different days in Los Angeles.
- Brandon Epp
Person
One of the events caused two vehicles to be burned down. And the other event, which happened yesterday morning at 03:00 a.m. saw a MTA bus being taken over with passengers and it was vandalized completely. Luckily, no passengers were assaulted or battered, but it was.
- Brandon Epp
Person
I'm sure as a bus rider, it would be quite traumatizing to see 50 vehicles surround your bus, begin a sideshow, and then start vandaling, vandalizing the bus that you're in. So it's very timely. We need any deterrent we can get out there. These are popping up every weekend in each one of these shows.
- Brandon Epp
Person
Not only do you have the performers in the show, but you do have these aiders and abettors that are blocking the streets, deterring egress and ingress, primarily preventing law enforcement from entering so we can take action. I would also argue that by towing these vehicles, I think it would fall under the community caretaking doctrine.
- Brandon Epp
Person
Because if we cite this person and give their car back, they're not just going to go home and call it quits. They're most likely going to go out later that day and commit the same crime. And if not that day, they're going to go out the next day and the following weekend.
- Brandon Epp
Person
So I think we would be protecting the community and caretaking the community by making sure this car doesn't or isn't available over the coming days or weeks. So, with that, I support this Bill on behalf of La County sheriff, and we encourage your aye vote. Thank you. Very much.
- Kelly Seyarto
Legislator
Thank you, sir. Okay. Any other lead witnesses in support? Okay. Lead witnesses in opposition coming up. You have two minutes each. Thank you.
- Eric Henderson
Person
Hi. Good morning. Chair Members Eric Henderson, on behalf of the Lawyers Committee for Civil Rights of the San Francisco Bay Area and respectful opposition to AB 1978.
- Eric Henderson
Person
Based in San Francisco, Lawyers Committee is one of the oldest civil rights institutions on the West Coast and works to dismantle systems of oppression and racism and build an equitable and just society. AB 1978 presents serious constitutional concerns, which are noted in detail in this Committee's analysis of the Bill.
- Eric Henderson
Person
Under the Fourth Amendment, a warrant is required to tow a vehicle unless the vehicle falls under a limited number of exceptions to the warrant requirement. The vehicles that would be towed under AB 1978 are not accepted from the warrant requirement.
- Eric Henderson
Person
Courts have made it clear that even if cities are following a state law, if the underlying tow violates the constitution, cities can be held liable for their actions. This Bill will undoubtedly expose cities to resource intensive litigation and costly liability while encouraging them to violate their citizens most fundamental rights. Furthermore, AB 1978 creates the potential for misuse.
- Eric Henderson
Person
As currently written, AB 1978 does not require individuals to have used their vehicle in a sideshow or street race for it to be impounded. Allowing officers the discretion to impound the vehicles of individuals who are not actively participating in the sideshow or street race raises the risk of discriminatory or inequitable policing.
- Eric Henderson
Person
Losing a vehicle to an impound is extremely harmful to low income and working people and can have a cascade of negative consequences. There are better approaches to addressing street takeovers that do not infringe upon an individual's constitutional rights or require the impound of vehicles. For these reasons, lawyers Committee requested no vote on AB 1978.
- Kelly Seyarto
Legislator
Thank you very much. Are you also a lead witness? Then? You have two minutes. Thank you.
- Yadi Younse
Person
Hi. Good morning. I'm Yadi with Oakland Privacy, a coalition that focuses on regulation and guardrails. In the interest of privacy protection, civil rights and community consent, we are respectfully in opposition to AB 1978. In our view, the Bill violates the Fourth Amendment.
- Yadi Younse
Person
Warrantless impoundments of vehicles are generally prohibited by the Fourth Amendment, with narrow exemptions related to the passability of roads. AB 19708's terminology of aiding and abetting a speed contest is far broader than that which is allowed.
- Yadi Younse
Person
In addition, by authorizing impoundments even when the driver is not taken into custody, AB 1978 allows impoundments that fall far short of a probable cost standard. So for that, we ask that you oppose this Bill.
- Kelly Seyarto
Legislator
Thank you very much. Okay. At this time, we will take me too's anybody who is in support or opposing the Bill, just come up. State your opposition or support and the organization you represent.
- Paul Yoder
Person
Mister chair Members Paul Yoder, on behalf of the Specialty Equipment Market Association, in support of the Bill. Thank you.
- Victoria Rodriguez
Person
Mister Chairman Members Victoria Rodriguez with Nielsen Marks on behalf of the City of Visalia and support.
- Graciela Chong
Person
Morning. Graciela Chong with Hernandez Strategy Group. On behalf of the California Attorneys for Criminal Justice in respectful opposition.
- George Parampathu
Person
George Parampathu on behalf of ACLU, California action in respectful opposition. Thank you.
- Keely O'Brien
Person
Good morning. Keeley O'Brien with Western center on Law and poverty and respectful opposition.
- Kelly Seyarto
Legislator
Looks like we're out of speaker, so at this time we'll bring it back to the dais for questions or motion. If you want to make a motion. You want to make a courtesy motion? I did like five of them. No, because then you won't give it back. Give her the gavel for a minute.
- Committee Secretary
Person
Is there a motion on this Bill? I'll make a motion. All right. AB 1978 has been moved by Senator Seyarto.
- Kelly Seyarto
Legislator
And I have a couple comments.
- Nancy Skinner
Legislator
When you're done, I will just comment that I can appreciate that the difficulty of having streets blocked. However, the impact of impounding a vehicle is quite severe, and I am not sure that that's the only answer to this problem. So, I'll turn it over now to Senator Seyarto for his comments.
- Kelly Seyarto
Legislator
Thank you very much. Obviously, I will be supporting your Bill today. The impact of having your vehicle impounded is very severe, and I feel bad for people who make that choice for themselves. The police officers are not making that choice for anybody. We are not making that choice for anybody.
- Kelly Seyarto
Legislator
The persons that are making the choice to have their car impounded are the people who decide to ignore law and decent society and go out and have street races that do result in deaths of innocent people and also disturbing the peace. The little donuts and things at the intersections that happen at all times of the night.
- Kelly Seyarto
Legislator
The police need something better than just a slap on the hand for those that are engaging in this. And it's becoming a bigger and bigger problem. So I think the best solution for people who don't want their car to be impounded or suffer the consequences of that is to not engage in the activity.
- Kelly Seyarto
Legislator
That's, I think, personal responsibility here would enable somebody to escape any of the laws that are meant for people who do break laws. And I think a lot of times we don't even think about that anymore. We're just trying to think of the consequences for people who insist on breaking laws and so with that. zero, that's right.
- Kelly Seyarto
Legislator
I'm not running this show. You're running this show. Back to you.
- Committee Secretary
Person
Yes, we have a motion. Please roll call on. Sorry. oh, apologies. Apologies, please. You may close.
- Kate Sanchez
Legislator
Thank you. AB 1978 is a reasonable measure that will provide law enforcement with a practical tool for deterring sideshows across the state. Through allowing peace officers to impound vehicles without taking a person into custody, they will be able to hamstring additional speed exhibitions and save countless lives. I respectfully ask for your. I vote.
- Aisha Wahab
Legislator
All right, we'll now have our roll call on that vote. Item number six, AB 1978. Sanchez motion is do pass to appropriations. Wahab se aarto se arto. Aye. Bradford, Skinner, Wiener.
- Committee Secretary
Person
All right, that Bill is going to stay on call. It has one vote now, but we will have our absent Members when they return. We'll open the roll again. There you go.
- Kelly Seyarto
Legislator
Thank you. Right now. Because when we are, especially at this time of year, we're doing first come, first serve, and apparently I have Baines. Assemblymember Baines first, Assembly Member Bauer Cahan second, Assembly Member Berman Third, and Assembly Member Bonta Fourth. Does that sound right to you guys?
- Kelly Seyarto
Legislator
Okay, because I didn't observe who came in first, so it's on your honor. Okay, Miss Baines, why don't you come on up? This will be. This will be AB 3029.
- Jasmeet Bains
Legislator
Thank you, Chair. Earlier this year, the committee passed SB 1502 to schedule xylazine, which is also known as tranq. AB 3029 would also similarly propose a scheduled xylazine consistent with federal scheduling proposals. AB 3029 would also make test strips available to determine if a substance has been adulterated with xylazine and empower CDPH to make test strips available as we see other adulterants emerge.
- Jasmeet Bains
Legislator
Importantly, both 1502 and 3029 protect legitimate veterinary uses of xylazine, which is especially important in large animal medicine, as there are few, if any, other alternative medications available. AB 3029 is supported by law enforcement and veterinarians and is also consistent with the Governor's call late last year to make xylazine a scheduled drug. With me in support today--oh, good. You made it.
- Grant Miller
Person
Dr. Bains.
- Jasmeet Bains
Legislator
Is Director of Regulatory Affairs for the California Veterinary Medical Association, Dr. Grant Miller.
- Grant Miller
Person
Thank you, Dr. Bains.
- Kelly Seyarto
Legislator
Thank you. You have two minutes.
- Grant Miller
Person
Thank you. Thank you, Senate Public Safety Committee Members, for hearing this very important bill today, and also thank you to Dr. Bains for bringing forward this important measure. The California Veterinary Medical Association is in strong support of AB 3029 because it makes aggressive moves to protect the public from xylazine diversion and abuse while balancing the need for veterinarians to maintain access to this important drug, primarily use in livestock, horses, and wildlife species.
- Grant Miller
Person
I actually am a horse veterinarian, so I use xylazine on a routine basis. It's commonly used for sedation and pain control in very large animals, and it enables us to perform procedures on them safely that otherwise would really result in a danger to both them and us.
- Grant Miller
Person
It's easily ranked among one of the ten most important drugs that we use on livestock and horses, and I myself will use it in about 75 percent of my routine appointments. It provides excellent, quick, and predictable sedation and pain control in just about 45 to 60 seconds, and I will commonly use it in emergencies. I use it to calm these horses down so that I can then, you know, sew up a wound that they have. I do dental work with them using this drug. The risk to me if I did not have this drug available would be something I don't want to imagine.
- Grant Miller
Person
So I'm happy to give you any other examples, if you'd like, about how we use it in practice, but suffice it to say, we are skilled in handling controlled drugs. This drug has no purpose other than to be used in veterinary medicine. It has no place anywhere else other than for use in livestock. So bringing it back, AB 3029 will align California law with federal legislation that's currently in motion to make xylazine a Schedule III controlled substance on the federal DEA list.
- Grant Miller
Person
But it does so, AB 3829 skillfully does so, by incorporating language that ensures that we can continue to utilize this drug to keep our patients safe and us safe, while keeping it out of the hands of people who don't need to have it. Thank you for your consideration. I respectfully ask for your aye vote, and I'm happy to address any questions you may have.
- Kelly Seyarto
Legislator
Thank you very much. Do we have any other lead witnesses in support of the bill? If not, we'll take lead opposition. If there is no lead opposition, we'll take the MeToos for support or opposition at this time. Come on up, state your name, the organization you represent, and whether you support or oppose the bill.
- George Parampathu
Person
Hi. George Parampathu, on behalf of ACLU California Action, in respectful opposition. Thank you.
- Kelly Seyarto
Legislator
Not just opposition, but respectful opposition.
- Jasmeet Bains
Legislator
Appreciate that.
- Kelly Seyarto
Legislator
Anyone else? All right, we'll bring it back to the dais for any questions. A motion?
- Kelly Seyarto
Legislator
Motion? Courtesy motion?
- Nancy Skinner
Legislator
I will move the bill.
- Kelly Seyarto
Legislator
Thank you. We have a motion by Senator Skinner. Would you like to close?
- Jasmeet Bains
Legislator
Sure. Thank you so much. As the first and only addiction specialist in the Legislature, this is something that I have been working on for a very, very long time. When it comes to xylazine, specifically, this time last year, I warned California of the emergence of xylazine that was hitting Pennsylvania and other areas.
- Jasmeet Bains
Legislator
I actually worked with the Pennsylvania Public Health Department to strengthen the protocols that were needed to be placed right away. Screening and testing is really important. One of the biggest issues right now on controlling Tranq is the fact that we're not screening for it. We really have no idea how prevalent it is in our society right now.
- Jasmeet Bains
Legislator
We learn about fentanyl, which is opioid based. Xylazine is not opioid based. So we need to effectively start working on antidotes to help in overdose cases where Narcan cannot be used to reverse overdoses of Tranq. This is an ongoing drug crisis that America faces. I fear every year and year there's going to be a new emerging drug.
- Jasmeet Bains
Legislator
We really need to work hard on controlling our emerging drugs and making sure that we're keeping up with testing. This bill allows CDPH to be able to start testing and get a heads up on the new emerging drugs and research that we need to make proper antidotes and proper screening so we know how to effectively combat drugs.
- Jasmeet Bains
Legislator
Like I said, as a physician and the first and only addiction specialist in the Legislature, this is something I've worked on for a very long time. And I look forward to implementing this and other protocols in the State of California.
- Kelly Seyarto
Legislator
Great. Thank you very much. And I didn't check to see you were accepting the amendments.
- Jasmeet Bains
Legislator
Yes.
- Kelly Seyarto
Legislator
Yes. So the amendments are being accepted. And I also didn't get to say I really, really appreciate you using your expertise to tackle some of these issues, because a lot of times we don't even understand what we're trying to tackle. And you do. And so I appreciate your bill. We'll be supporting it today.
- Jasmeet Bains
Legislator
Thank you.
- Committee Secretary
Person
Item 19, AB 3029, Bains. Motion is do pass as amended to Appropriations. [Roll Call]
- Kelly Seyarto
Legislator
All right. That bill will stay on call with one vote. Hopefully more to come. All right, next up we have Assemblymember Bauer-Kahan. Welcome.
- Rebecca Bauer-Kahan
Legislator
Thank you.
- Kelly Seyarto
Legislator
Like you're doing AB 2099.
- Rebecca Bauer-Kahan
Legislator
I am. And thank you for pronouncing my name right. It doesn't happen a lot around here, so appreciate it. Thank you. I want to thank the Chair, even in her absentia and the Members of the Committee for their work on this. I'll start by saying I accept Committee amendments.
- Rebecca Bauer-Kahan
Legislator
AB 2099 protects reproductive health patients and providers by providing an update to the penalties for harassment and a violation of patients privacy. Since Roe v. Wade was overturned, we've seen an increase in the number of people harassing and threatening those accessing fundamental health care here in California.
- Rebecca Bauer-Kahan
Legislator
And although I did an update to the face act prior to that time, this update is needed to ensure that those that are expressing their rights and accessing that healthcare are safe in that environment.
- Rebecca Bauer-Kahan
Legislator
So hopefully, we all agree that no matter what is happening within clinics, that the safety of everybody in our community is of the utmost importance, which is really the focus of this piece of legislation.
- Rebecca Bauer-Kahan
Legislator
With me here today are Molly Robson, Vice President of Government Affairs with Planned Parenthood Norcal and Kiersten Crowley Brunt, a patient escort with Planned Parenthood Mar Monte.
- Kelly Seyarto
Legislator
All right, welcome to the primary witnesses in support of the bill. You have two minutes each. Come on up. Thank you.
- Kiersten Brunt
Person
Good morning, Chair and Committee Members. My name is Kiersten Crowley Brunt. I've been a volunteer with Planned Parenthood since 2016 and became a clinic patient escort in October of 2022 when the program resumed post Covid and post ops decision. Since then, I have witnessed the lengths to which clinic protestors will go to to harass, torment, and intimidate clinic patients, staff, and volunteers.
- Kiersten Brunt
Person
It is the primary goal of protesters to deter and ultimately block patients from receiving any kind of services at Planned Parenthood, and they more often than not test the boundaries of the Face Act to achieve the goal. As such, I have seen patients subjected to a barrage of inflammatory verbal taunts and harassment for their personal choices.
- Kiersten Brunt
Person
On a day I was volunteering, I saw a regular protester engage with a patient and her grandmother. As soon as the patient exited her car in an attempt to enter the clinic, he began to engage with her in an attempt to delay her progress.
- Kiersten Brunt
Person
He used maliciously provocative language, calling her names and insulting her religious beliefs, hoping for a response either in the form of submission or in search of a heated clash to feed his myopic narrative that his fellow protester could then record on his GoPro device.
- Kiersten Brunt
Person
This incident caused the patient to feel so insecure and escalated to her needing two support people to enter the health center. I have also seen clinic staff simply leaving the health center to be screamed at and called malicious names.
- Kiersten Brunt
Person
I, along with my fellow escorts, have been subjected to a continuous stream of name calling and hateful speech about who we are and our beliefs in attempts to distract us from helping the patients. Protesters often try to intimidate us using these tactics.
- Kiersten Brunt
Person
On one occasion, I arrived at the health center and a protester was driving in behind me. He took note of my car, and he photographed my license plate with my college alumni frame on it. For the next hour, he proceeded to lecture, harass, and threaten me, using that information as ammunition.
- Kiersten Brunt
Person
At the end of my shift, he had left several informational pamphlets on my car windshield. That incident has caused me to be extra cautious of who is driving behind me as I arrive or leave, out of concern for myself and my family.
- Kiersten Brunt
Person
Since presenting testimony on the Face Act to a different Committee in the State Assembly only a few months ago, I have seen this type of flagrant behavior on behalf of the clinic protesters increase at an alarming rate. They have become more emboldened and determined in their efforts to intimidate and harass patients through their increasingly elevated abusive tactics.
- Kiersten Brunt
Person
Despite city codes and regulations, they are finding loopholes and testing the boundaries of legal limits to achieve their agenda, which is simply to deny people their legal rights to reproductive health care. They scream and shout. They physically test the property line when they confront.
- Kelly Seyarto
Legislator
Thank you, ma'am. I gave you extra time, even. Didn't mean to, but I actually did.
- Kiersten Brunt
Person
Thank you. I'm proud to be here.
- Kelly Seyarto
Legislator
I appreciate your comments. Next up, she used up about half. I'll give you your full two minutes.
- Molly Robson
Person
No worries. Good morning. Thank you. Molly Robeson with Planned Parenthood Affiliates of California. AB 2099 narrowly updates penalties for just violations of the Face Act, which is much needed to protect access to care for patients in California without fear.
- Molly Robson
Person
I want to thank the Committee for their work on this bill and the author for her continued leadership in this issue area and respectfully urge your support today. Thank you.
- Kelly Seyarto
Legislator
Thank you very much. You got us right back on track. So at this time, any lead opposition witnesses, if you could come to the microphone. If not, then we will take the me-toos. Anybody who is opposing or supporting the bill may come up and state your name, your organization, and your support or opposition.
- Daniel Felizzatto
Person
Mr. Chairman, Dan Felizzatto, on behalf of the Los Angeles County District Attorney's Office, in support.
- Martin Radosevich
Person
Martin Radosevich, on behalf of Reproductive Freedom for All California, in support.
- Vanessa Cajina
Person
Vanessa Cajina, on behalf of the California Academy of Family Physicians, here in support.
- Genesis Gonzalez
Person
Genesis Gonzalez, on behalf of Lieutenant Governor Lenny Kounalakis, in support. Thank you.
- George Parampathu
Person
George Parampathu, on behalf of ACLU California Action, in respectful opposition. Thank you.
- Sanjida Nahar
Person
Sanjida Nahar, here on behalf of the California Commission on the Status of Women and Girls, in support.
- Ryan Spencer
Person
Ryan Spencer, on behalf of the American College of Obstetricians and Gynecologists, District Nine, in support.
- Kelly Seyarto
Legislator
Okay, thank you very much, everybody. That brings it back to the dais.
- Nancy Skinner
Legislator
I move the bill and appreciate the author bringing it.
- Rebecca Bauer-Kahan
Legislator
Thank you, Senator.
- Kelly Seyarto
Legislator
All right, we have a motion to approve the bill by Senator Skinner. Would you like to close?
- Rebecca Bauer-Kahan
Legislator
Yes. Thank you, Members. I just want to thank the escort who is here today, Ms. Crowley, who shows up every day to protect patients. The right to access comprehensive health care is something that we as a state, prioritize every day. And abortion is a piece of that. And I want to thank her for her leadership and all of you for supporting this bill to make sure we protect those patients and providers.
- Kelly Seyarto
Legislator
All right, so we will bring it back to the dais. I'm sorry. We'll bring it back for a roll call.
- Committee Secretary
Person
Item nine, AB 2099, Bauer-Kahan. Motion is do pass as amended to Appropriations. [Roll Call]
- Kelly Seyarto
Legislator
Okay. That vote--that bill will remain on call. How's that? All right, next up, we have a very patient Mr. Berman.
- Marc Berman
Legislator
Thank you. There's no place I'd rather be. Thank you, Senator Seyarto, and Senators. And Senator Skinner. I would be. I would like to begin by thanking the Committee staff for their work on this Bill. I will be accepting the Committee's amendments. AB 1962 would strengthen California's law against revenge porn by closing the loopholes in the current law that may allow individuals to distribute private sexual images of another person without their consent.
- Marc Berman
Legislator
Revenge porn is the abhorrent crime where a person intentionally distributes an intimate image, knowing that it will cause serious emotional distress to the person in the image. This most often happens when a person texts, emails, or posts an intimate photo or video as retaliation following a bitter breakup between partners. With the prevalence of social media media, revenge porn is becoming more rampant.
- Marc Berman
Legislator
From 2016 to 2020, incidents of revenge porn have doubled, with one in 12 individuals having reported being a victim of revenge porn. A study found that 93% of victims of revenge porn suffered significant emotional distress, 51% had suicidal thoughts, and 49% stated that they had been stalked or harassed online by users who saw their image. Unfortunately, the impetus for this Bill was a revenge porn case in Santa Clara County.
- Marc Berman
Legislator
I represent a part of Santa Clara County, where someone was left without justice due to our current laws. This shows the urgency and need to close this loophole. AB 1962 would provide a narrow fix in the statute to ensure that victims of revenge porn are adequately protected in California. And here with me is Julia Schon, a Deputy District Attorney with the Santa Clara County Office of the District Attorney. And I respectfully ask for your aye vote.
- Kelly Seyarto
Legislator
Thank you very much to the witness. We have two minutes.
- Julia Schon
Person
Perfect. Thank you. Good morning, Committee Members. My name is Julia Schon and I'm a Deputy District Attorney with the Santa Clara District Attorney's Office and a Member of the California District Attorneys Association. And I am here testifying in support of AB 1962 will strengthen the protections of revenge porn victims by closing the loopholes in the existing statute.
- Julia Schon
Person
Revenge porn is an invasive crime that largely victimizes women, often in the context of domestic violence. With the growing advancements in technology and social media comes new ways for perpetrators to commit the crime. And through a simple click of a button, perpetrators now have a global audience, leading to even more devastating effects on victims. And yet, perpetrators can still exploit the existing loopholes in this statute. One of these loopholes was taken advantage of in a recent case in Santa Clara County.
- Julia Schon
Person
A quick Google search of the woman's name revealed an intimate video of her whose title had her full name, place of employment, and where she lived. A video she did not know was even taken or existed, and the perpetrator was her ex husband. Under the existing law, the crime of revenge porn is ambiguous as to whether it applies to intimate images taken without the victim's knowledge or consent, an ambiguity that ultimately led the woman's ex husband to escape criminal prosecution.
- Julia Schon
Person
Because if someone doesn't know if a video was recorded or even existed, how can there be an agreement or understanding that it shall remain private? And to this day, this woman still lives in fear that her family, friends, and employers will one day discover this video. A video that still remains online to this day. Revenge porn has evolved beyond the typical girl sends boy photo, and it's time for the law to catch up. And we appreciate this Committee's help and effectuating this change with your recent amendments.
- Kelly Seyarto
Legislator
Thank you. All right, do we have any other lead witnesses in favor of the Bill? If not, we'll take lead opposition. If there is no lead opposition, we'll take the 'Me Toos' in favor of or in opposition of the Bill, please come forward. State your name, the organization you represent, whether you support or oppose the Bill.
- Garrett Hamilton
Person
Garrett Hamilton with CDAA. Just in case there is any doubt, based on what the testimony just was, we support.
- Kelly Seyarto
Legislator
Thank you. Anyone else? If there is nobody else, we'll bring it back to the dais for discussion or motion.
- Nancy Skinner
Legislator
I move the Bill.
- Kelly Seyarto
Legislator
We have a motion to move the Bill by Senator Skinner. Mister Berman, would you like to close?
- Marc Berman
Legislator
I appreciate the conversations, appreciate my witness coming up to testify and respectfully ask for an aye vote.
- Committee Secretary
Person
All right, so we'll bring it back for a vote. Item number five, AB 1962 by Berman. Motion was due passed as amended to Appropriations. [Roll Call].
- Kelly Seyarto
Legislator
All right. That Bill will remain on call. Thank you. Next up, we have Assemblymember Bonta and I believe you have two bills, correct? You have like three? Yeah. Would you like to sit at the table, Assemblymember? Great. All right. Which of the Bills would you like to do first?
- Mia Bonta
Legislator
Can I begin with Joan Sawyer, AB 3108? You may. Thank you, sir.
- Nancy Skinner
Legislator
Whenever you're ready.
- Mia Bonta
Legislator
Thank you. Chair and Members, on behalf of Assemblymember Joan Sawyer, I would like to start by thanking the Committee staff for their work on this Bill and on his behalf. I accept the Committee amendments.
- Mia Bonta
Legislator
AB 3108 will give victims of predatory mortgage lending a chance to achieve justice by clarifying that lenders who deceive and misguide consumers are committing mortgage fraud. For most of these people, their only asset and source of equity is their home.
- Mia Bonta
Legislator
Predatory mortgages not only drain their home equity, but can also lead to increased debt, lower credit scores, and ultimately housing insecurity. Unfortunately, the vast majority of these cases go unprosecuted.
- Mia Bonta
Legislator
AB 3108 will clarify that a broker or loan originator is committing mortgage fraud if they cause a borrower to sign a commercial loan or bridge loan with knowledge that the loan is inappropriate for the borrower.
- Mia Bonta
Legislator
This will specifically highlight the needs to address these cases and make it easier for district attorneys to prosecute predatory brokers so that victims of predatory lending can achieve justice.
- Mia Bonta
Legislator
With me to testify in support of this Bill are Robert Harrell, on behalf of the Bill sponsor, the Consumer Federation of California, and Syl Vossler, a consumer attorney with experience in predatory lending cases.
- Kelly Seyarto
Legislator
All right, thank you very much for coming today. You have two minutes to present and your primary witness in support, correct.
- Robert Herrell
Person
Thank you very much, Mister. Vice Chair and Members of the Committee, Robert Horrell, Executive Director of the Consumer Federation of California. We're the sponsor of this measure. This measure represents a coalition between consumer organizations and law enforcement to crack down on predatory brokering fraud.
- Robert Herrell
Person
Long story short, I'd like to thank the Committee for working with us on clarifying the penal code section of the Bill. We really appreciate that effort. We think it's going to be very helpful.
- Robert Herrell
Person
The scam that's been happening the past few years is for folks who are under some sort of financial duress and potentially at risk of losing their home. And again, that's disproportionately Low and moderate income people in communities of color. Once the notice of default goes out, that becomes essentially as a public document, a lead generator for fraud.
- Robert Herrell
Person
And the fraud we've been seeing the last few years takes two particular forms. One is where you flip over a consumer from their residential product into a commercial product. The purpose being to evade consumer protection laws that cover the residential area, but not so much the commercial area.
- Robert Herrell
Person
The other way we see it is through bridge loans, but there's not another purchase of property on the other end of it. So this will help us and help law enforcement, the public prosecutors, crack down on this. Also, it will help folks in the private side who have been running into the problem.
- Robert Herrell
Person
Which is the immediate question is, did the consumers sign the paperwork, even if the paperwork was fraudulent by design and intended to defraud the consumer who did not know what they were signing? In some cases, all kinds of language challenges and others. So we urgent. I vote and appreciate very much the coalition.
- Robert Herrell
Person
I'm also proxied on behalf of Crime Victims alliance, which was not listed in the analysis, but which also supports the Bill. Thank you.
- Nancy Skinner
Legislator
Very good. Thank you very much. Are you another lead witness in support? Yes, I am. You have two minutes.
- Sil Vossler
Person
Good morning. My name is Sylvsler. I'm the owner of the Wassler Law firm, and I exclusively litigate predatory lending and wrongful foreclosure lawsuits leading up to and in the wake of the financial crisis, California and the Federal Governments passed predatory lending prohibitions that apply largely to consumer loans. And those prohibitions mostly do not apply to commercial loans.
- Sil Vossler
Person
So brokers and lenders who are intending to prey on a borrower will intentionally cause the borrower to sign a commercial loan document, even if that document is unsuitable. A recent client I took is 79 years old. She's an immigrant widow who only speaks Farsi.
- Sil Vossler
Person
She makes $2,000 a month, and her broker steered her into a loan that required her to pay $1.4 million in one year. They charged her $150,000 in fees. And when she defaulted, because, of course she defaulted, she couldn't afford the loan, the default interest rate went up to 25%.
- Sil Vossler
Person
This would have been illegal if it were a consumer loan. But of course, she signed a commercial loan document, which she didn't understand. I've had other clients in a couple years that client lost hundreds of thousands of dollars of equity.
- Sil Vossler
Person
I've had another client who was steered into four of those loans in four years and she lost her life savings in home equity. These amendments are intended to clarify that this is mortgage fraud so that the DAs can do something about this and help these victims. We urgently vote. Thank you.
- Nancy Skinner
Legislator
Thank you. I appreciate your testimony. At this time, we'll take any opposition. Lead opposition witnesses. We have two minutes.
- Indira Mc Donald
Person
Thank you. Thank you Mister Vice Chair Members Indira Mcdonald, on behalf of the California Mortgage Bankers Association, we continue a position of concern. We appreciate the amendments noted in the analysis and the author accepting the amendments and the intent to clarify the language.
- Indira Mc Donald
Person
However, our concerns remain because we continue to believe that current law covers the conduct described in the new proposed mortgage fraud criminal provisions added by subdivision B.
- Indira Mc Donald
Person
Existing law already provides broad applicability and imposes criminal liability for deliberately facilitating a misstatement, misrepresentation or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower or any other party to the mortgage lending process.
- Indira Mc Donald
Person
California bankers and mortgage bankers supported enactment of Penal Code section 532 F as a tool to attack fraud in the mortgage process that victimized lenders, investors and borrowers. We remain supportive of robust prosecution in this area, but we believe section 532 F already provides a means to attack the conduct that this Bill seeks to address.
- Indira Mc Donald
Person
So thank you for allowing me to make comments.
- Kelly Seyarto
Legislator
Thank you very much for your comments this morning. Okay. At this time I'll take anybody, any of the me too. S anybody in support or opposition to the Bill, please come forward. State your name. That organization you represent, whether you support or you oppose.
- Garrett Hamilton
Person
Garrett Hamilton with CDAA in support.
- Kelly Seyarto
Legislator
Okay. It looks like that exhausts the line of people that are coming up to speak. We'll bring it back to the dais for a motion or a comments.
- Nancy Skinner
Legislator
I moved the Bill. Appreciate your presenting it on behalf of the author.
- Kelly Seyarto
Legislator
It's a good Bill. So we have a motion by Senator Skinner. Would you like to close?
- Mia Bonta
Legislator
Thank you on behalf of Senator Assemblymember Joan Sawyer. We wish you well.
- Committee Secretary
Person
I respectfully request and I vote thank you very much and you may call roll item eight, AB 3108. Joan Sawyer motion is do pass as amended to appropriations. [Roll Call]
- Kelly Seyarto
Legislator
All right, that Bill will remain on call. All right. Do you want to tackle AB 1186 first? Thank you, Senator. Let's go to that.
- Mia Bonta
Legislator
Again. Good afternoon or good morning. I would like to express my appreciation to your Committee staff for their time working on this Bill.
- Mia Bonta
Legislator
Overdose the last 18 months I authored this Bill because our current youth restitution system doesn't work. Under current state law, judges order youth to pay two types of direct restitution or monetary compensation to a person who has experienced loss or injury due to a young person's actions.
- Mia Bonta
Legislator
Restitution fines monetary penalties ranging from $100 to $1,000 ordered against any youth adjudicated or person convicted of a crime, regardless if they caused harm. Each year, around 15,000 youth in California are ordered to pay restitution fines. These fines range from $100 to $1000 per adjudication.
- Mia Bonta
Legislator
Any portion of these fines that are collected go to the state restitution Fund, not Crime Survivors. Once ordered to pay restitution, youth and their families are subject to unforgiving collection practices and irreversible collateral consequences, including negative credit impacts, bank levies, and even property liens.
- Mia Bonta
Legislator
These young people and their families are often struggling economically and are often survivors of harm themselves. Restitution fines not only cause economic hardship for many families, it can also strain critical family relationships, creating stress and strife between parents and their children at a time when they need the most support.
- Mia Bonta
Legislator
Additionally, studies show that monetary sanctions against youth and their families increase the likelihood of recidivism or that a youth will cause harm in the future. The likelihood increases with each additional dollar assessed. Youth restitution debt is also expensive to collect because system involved youth and families simply cannot afford to pay.
- Mia Bonta
Legislator
Public Records Act requests reveal that counties spend $1.22 to recoup each dollar of youth restitution fine debt. To add to this most restitution fine debt older than three years will likely never be paid, regardless of the collection method. On top of the burdens families face with these restitution fines, youth face other iniquities in our current restitution system.
- Mia Bonta
Legislator
For example, when youth are held joint and severely liable for harm caused, a young person may satisfy their portion of the debt and still face paying well beyond their share of living the rest of their lives with this debt and collateral consequences.
- Mia Bonta
Legislator
AB 1186 the repair realizing equity while promoting accountability and impactful Relief act helps make our restitution system work more equitably. AB 1186 does the following. First it eliminates youth restitution fines.
- Mia Bonta
Legislator
It also vacates old and therefore largely uncollectible, restitution fine debt, ends wage and trust account to garnishment for youth restitution, clarifies loss calculations for property repair or replacement for youth restitution orders and ends, joint and several liability for youth codefendants. AB 1186 makes our restitution system work better for youth and their families. Thank you.
- Mia Bonta
Legislator
And as witnesses with me today, I have Xochitl Larios with courage and Delaney Green with a policy advocacy clinic at Berkeley Law.
- Kelly Seyarto
Legislator
All right, thank you witnesses, for appearing this morning. You have two minutes.
- Xochitl Larios
Person
Thank you. Good morning, Public Safety Committee. My name is Xochitl Larios. I'm a juvenile justice coordinator for Communities United for Restorative Youth Justice. We are a proud co-sponsor of AB 1186. I have been in and out of the delinquency and dependency system since I was 12 years old.
- Xochitl Larios
Person
In 2017, I faced one of my longest lockups where I was incarcerated for 200 plus days in Alameda County's Juvenile Justice Center. I was released into transitional housing under Assembly Bill 12. I had just turned 18. I did not have support from my family.
- Xochitl Larios
Person
I did not have a Social Security card, a birth certificate, a car, a license, or guidance from probation on reentry. I also suffered from PTSD. On top of this, I was ordered to pay $3,000 in restitution and restitution fines and the various restitution-related fees and surcharges for the harm that I have caused.
- Xochitl Larios
Person
When you receive a Bill for court debt, each additional dollar counts, and restitution fines and fees make it much more difficult to stay afloat, meet the restitution order obligations, and achieve rehabilitation. If my restitution-related debt was not paid, it would have negatively impacted my credit.
- Xochitl Larios
Person
It is rare for young people to stay out of the juvenile system with such extreme burdens put on them, and not only made the restitution monthly payments because I put my education on hold, worked more hours, and received an honorarium which was immediately garnished. We know that the system isn't working for kids and isn't working for survivors.
- Xochitl Larios
Person
AB 1186 is a step towards creating a more constructive and sustainable system of youth restitution in California by reducing the counterproductive economic burdens on youth and families who are largely unable to pay.
- Xochitl Larios
Person
While we still have more and lots to do to address the restitution system, I kindly ask for your support on this Bill and impact in an impactful Bill as a first key step. Thank you.
- Kelly Seyarto
Legislator
Thank you very much. Next witness.
- Delaney Green
Person
Good morning. Thank you to Members of the Committee. My name is Delaney Green. I'm with the UC Berkeley Policy Advocacy Clinic at the Berkeley Law School.
- Delaney Green
Person
I am here to provide any technical support on this Bill I know it can be a little bit tricky, but I want to be respectful of everyone's time this morning, so just want to defer to if there's any questions and otherwise give back the time to the Committee. Thank you.
- Kelly Seyarto
Legislator
Thank you very much. All right, at this time, we'll take any opposition witnesses. Anybody opposing this Bill would like to come up and speak as a primary witness. If not, then we'll go to me toos. Come on up.
- Kelly Seyarto
Legislator
State your name, organization you represent, whether you support or oppose the Bill
- Unidentified Speaker
Person
With the chair's indulgement, I'd like to read off a list of organizations who are in support.
- Kelly Seyarto
Legislator
Read quickly. Thank you.
- Unidentified Speaker
Person
Yes, thank you. The Maven Collaborative, Freedom for Youth, Legal Services for Prisoners with Children, All of Us or None, Lawyers Committee for Civil Rights San Francisco, Invisible California, Stay Strong, CAYCJ, Communities United for Restorative Justice, San Francisco Financial Justice Project, Root and Rebound, Empowering Women Impacted by Incarceration, Restoring Hope California, East Bay Community Law Center, University of the Pacific McGeorge School of Law, Homeless Advocacy Clinic, California's United for Responsible Budget, Western center on Law and Poverty, the Rubicon Programs, Ella Baker Center, Universidad Populara, San Francisco Financial Justice Project, ACLU California Action, Santa Cruz Barrios Unidos, Sutters Policy Research, Community Works, Underground Scholars Initiative at UC Berkeley, Young Women's Freedom Center, Rise, United Corps Alliance, the San Francisco Public Defender's Office, CareFirst California, Fresh Life Loans for Youth, Fresno Barrios Unidos, the Unity Council, Dignity and Power Now, Surge Bay Area,
- Unidentified Speaker
Person
Hayward Burns Institute, the Chat Project, National Consumer Law Center, La Defencia, Safe Return Project, Debt Collaborative, Dignity and Power Now, and finally Californians for Safety and Justice, proud co sponsor. Thank you.
- Kelly Seyarto
Legislator
Thank you. I bet that covers everybody so thank you all no, come on up
- Antoinette Ratcliffe
Person
Didn't catch us. Antoinette Ratcliffe with Initiate Justice, proud co-sponsors in support, thank you.
- Keely O'Brien
Person
Keely O'Brien with Western Center on Law and Poverty in strong support.
- Garret Hamilton
Person
Garrett Hamilton with CDAA with the recent amends we are removing our opposition and going neutral.
- Eric Henderson
Person
Eric Henderson on behalf of Smart Justice California in support.
- Lawrence Cox
Person
Lawrence Cox on behalf of Legal Services for Prisoners with Children and All of Us or None in support.
- Tatiana Lewis
Person
Tatiana Lewis with the Ella Baker Center for Human Rights in strong support thank you
- Barbara Chavez
Person
Barbara Chavez with the Ella Baker Center for Human Rights in Support
- Jennifer Penrose
Person
Jennifer Penrose with Power and Unity and Directly Impacted in full support
- Laura Larios
Person
Laura Larios with Initiate Justice in strong support
- Rosa Lucero
Person
Rosa Ortez Lucero, I support.
- Rico Lopez
Person
Rico Lopez on the behalf of the community, fully support.
- Bernice Rogers
Person
Bernice Singh Rogers, outside organizer with Initiate Justice and Inmate Family Council at Salinas Valley. I strongly support.
- Henry Ortiz
Person
Henry Ortiz with Legal Services for Prisoners With Children and All of Us or None Sacramento in strong support. Thank you.
- Lesli Caldwell-Houston
Person
Leslie Caldwell Houston for the California Public Defenders Association in support.
- Kelly Seyarto
Legislator
Okay, we will bring it back to the Dais for discussion or a motion.
- Nancy Skinner
Legislator
I move the Bill and appreciate this important Bill and thank you for bringing it to us.
- Kelly Seyarto
Legislator
Assemblymember, would you like to close?
- Mia Bonta
Legislator
Thank you. I think this Bill very aptly recognizes that our youth restitution system is broken and allows us to be able to put our useful and very important county dollars towards ensuring that we're creating a path for both meaningful accountability and healing for those who are impacted.
- Mia Bonta
Legislator
As well as ensuring that we have an opportunity to not burden youth with the debt that comes with debt that they cannot afford and that continues to be harmful. With that, I respectfully request your aye vote.
- Kelly Seyarto
Legislator
Very good, thank you. And we'll go ahead and call roll.
- Committee Secretary
Person
Item number one, AB 1186 Bonta. Motion is do pass to Appropriations. [Roll Call]
- Kelly Seyarto
Legislator
Alright, that Bill will remain on call. That brings us to your last Bill. AB 2709. Assemblymember, go ahead when you're ready.
- Mia Bonta
Legislator
Thank you Senator and Members, I want to thank the Committee staff for their work on this Bill. I do accept the Committee amendments that have been presented. AB 2709 is shaped by the first hand experiences of families with incarcerated loved ones. It's crucial to recognize the profound impact that maintaining a family connection has on an incarcerated individual, not only for their well being, but also for the successful reintegration into our society upon release, as well as the importance that it has on their loved ones who are left behind.
- Mia Bonta
Legislator
Firstly, AB 2709 prohibits visits denial due to minor omissions or inaccuracies on visitor applications. Secondly, AB 2709 codifies three days of in person visitation per week alongside video calls. Thirdly, this Bill prohibits strip searches of minors with certain exceptions. And finally, this Bill establishes guidelines for using reasonable screening in the case of probable cause for a search, such as metal detectors, body scanners and other types of available screening technologies for visitors before a strip search.
- Mia Bonta
Legislator
This Bill underscores the importance of maintaining family connections during public health emergencies, as highlighted during the Covid-19 pandemic. My office has communicated with stakeholders who have reached out with concerns and we are actively continuing to work with CCPOA and CDCR. AB 2709 is vital for preserving family connections for incarcerated individuals. Here to testify today is Lawrence Cox, the Regional Advocacy and Organizing Associate and Interim Coordinator of the Coalition for Family Unity, and Heather O'Malley an organizer with FUEL.
- Kelly Seyarto
Legislator
Same drill as before. You got two minutes. Thank you.
- Lawrence Cox
Person
Not two and a half?
- Kelly Seyarto
Legislator
No, I only gave that to one person.
- Lawrence Cox
Person
Okay. Well, as the Member said, this Bill is imperative. Like I said earlier, removing barriers for visiting for those that are incarcerated and their loved ones is key to decreasing recidivism and helping rehabilitate those that are incarcerated. It is important for families to be able to come visit. So that starts with the visiting application. If there are necessary barriers in that application that serve no pedological interest, I do believe that we all should agree that they should be removed.
- Lawrence Cox
Person
That includes the process when individuals come to visit their loved ones. We do not believe there should be unnecessary, inhumane, degrading processes that are placed and utilized as barriers just because of reasonable suspicion in order to do so. And I'm speaking of strip searching women and children.
- Lawrence Cox
Person
Which has become a practice that we want as a population and as a community to kind of wrangle in and remove a barrier that's a necessary hindrance to individuals feeling comfortable and feeling dignified when they come visit their loved ones. And I want to close with saying visiting is key to rehabilitation. I wouldn't be who I am now. I wouldn't be where I was at where I am now if I had not had access to my family, if I had not been able to spend weekends with them.
- Lawrence Cox
Person
I've spent 17 years of the last 19 years of my life incarcerated, and I come home as a finished, not unfinished, should I say rehabilitative individual who organizes and coordinates all eight of our active chapters of all of us throughout the states and coordinates 30 other nonprofit organization and advocacy work. So I think I say all that just to say I'm proof that rehabilitation exists and that visiting is key and imperative to rehabilitation.
- Kelly Seyarto
Legislator
Great. Thank you very much for your testimony this morning. Next person. Come on up, you have two minutes.
- Heather O'Malley
Person
Good morning. Thank you, Chair and Committee Members, for allowing me the opportunity to speak this morning in strong support of AB 2709, as amended on June 19 of this year. My name is Heather O'Malley, and my loved one has been incarcerated in CDCR for over 30 years. I am speaking to you as a visitor who is subjected to an unwarranted and improper CDCR strip search, an experience that was humiliating, degrading, dehumanizing, and extremely traumatic.
- Heather O'Malley
Person
CDCR's updated strip search policy makes it easier for CDCR to subject other visitors, including women, children, elderly and visitors with disabilities to the same trauma, humiliation and dehumanization I experienced. Visitors are told that a consent to a strip search is voluntary. However, if we refuse to submit to a strip search, our visit will be denied and we won't be allowed to visit our loved one.
- Heather O'Malley
Person
The policy also allows CDCR to make future visits conditioned upon our willingness to submit to a strip search for an indefinite period of time. Imagine having to consent to a TSA strip search at the airport in order to pass through and board your flight because something as simple as a button on your pants or a clasp on your bra set off the metal detector. Well, this is what's happening currently to visitors, including children.
- Heather O'Malley
Person
Due to CDCR's visitor strip search policy. No one should ever have to consent to be. To being humiliated and dehumanized as a condition to visit their loved one, especially given the importance of visiting and its positive impact on rehabilitation. Studies show, and I personally know, visiting builds bonds and strengthens family unity. I grew up the child of an incarcerated parent and visits were a lifeline to my father and to me. Visiting also has been proven to encourage prosocial behavior, decrease recidivism, and increase public safety.
- Kelly Seyarto
Legislator
Thank you, ma'am. I appreciate your testimony this morning. Okay, next up, we have 'Me Toos'. Those that are in favor or opposed. Oh, did I do opposition yet? I did not do opposition yet. So lead witnesses in opposition at this time. Come on up. You have two minutes.
- Matt Easley
Person
Thank you, Mister Chair. Matt Easley with the California Correctional Peace Officers Association, here in opposition. I would like to state that a number of provisions in this Bill are very positive. And we do strongly support increased access to visitation whenever possible because of a number of the reasons and explanations already mentioned.
- Matt Easley
Person
And there have been a number of amendments on this Bill. All of them have been positive. Unfortunately, we're still not quite there yet with number of issues. The first being the very narrow list of reasons why an inmate can have - can be restricted on visitation. And the not being able to use any disciplinary actions for anything outside of the actual visiting room is problematic. Now, there's a whole host of rule violations that I think should not be used to limit visitation.
- Matt Easley
Person
But there are a number that would, we think, increase the risk and safety concerns to not just other inmates, but the visitors as well, our staff in the visitation room. So, for example, because it didn't happen in the visitation room, if an inmate was to commit an act of violence on the way to visitation or an hour prior to visitation, that person clearly at this moment is not in a steady state of mind to create a safe environment for all those around them.
- Matt Easley
Person
According to this Bill, we would not be able to restrict any visitation. And I think that's one issue that could be resolved fairly simply by enabling, which this Bill still prevents enabling maybe that a visitor can have, be restricted to non contact visits instead of contact visits. But a larger issue like that is a major concern for us. I think it creates safety issues for everyone.
- Kelly Seyarto
Legislator
All right. Thank you very much. That's your two minutes. Anyone else would like to come up as a lead witness in opposition? If not, we'll have the 'Me Toos' like I started before and then stopped. Sorry about that.
- Lesli Caldwell-Houston
Person
Lesli Caldwell-Houston, for the California Public Defenders Association and the San Francisco Public Defenders Office in support.
- Lesli Caldwell-Houston
Person
Yadi Younse with Oakland Privacy, in support. We didn't get a letter in due to time constraints.
- Tatiana Lewis
Person
Tatiana Lewis with the Ella Baker Center for Human Rights in strong support. Thank you.
- Barbara Chavez
Person
Barbara Chavez on behalf of the Ella Baker Center for Human Rights in support. Thank you.
- Kelly Seyarto
Legislator
No.
- Edward Little
Person
No list. No list. Ed Little. Ed Little on behalf of Californians for Safety and Justice in strong support.
- Eric Henderson
Person
I asked the same thing. Eric Henderson on behalf of Grip Training Institute in support.
- Katrina Reese
Person
Katrina Reese on behalf of Initiate Justice in strong support.
- Jennifer Penrose
Person
Jennifer Penrose with Power in Unity and directly impacted in full support.
- Laura Larios
Person
Laura Larios with Initiate Justice in strong support.
- Rico Lopez
Person
Hola. Rico Lopez on behalf of community, strongly support.
- Bernice Rogers
Person
Bernice Singh Rogers, outside organizer with Initiate Justice and Inmate Family Council at Salinas Valley State Prison, strongly support.
- Rosa Lucero
Person
Rosa Ortez Lucero, as a mother of an incarcerated son in Salinas State Prison, I strongly support on this.
- Henry Ortiz
Person
Good morning. Henry Ortiz for Legal Services for Prisoners with Children, in Sacramento, All of Us or None Chapter, and Community Healers in strong support. Thank you.
- Kelly Seyarto
Legislator
All right, we'll bring it back to the dais. Do we have a motion on this bill?
- Nancy Skinner
Legislator
I move the bill, though. I have to go to Approps., so I will make it the motion and then I'll come back.
- Kelly Seyarto
Legislator
Thank you very much. And with that, I just have a couple comments. You know, one of the problems we're having in our prisons, as you know, is it just seems we can't get a handle on the rampant drug use.
- Kelly Seyarto
Legislator
So, have you had any conversations with CDCR and other prison systems that would, you know, the county prisons and our county jails that would be affected by your bill? And, you know, if we're going to do these restrictions and how do we stop people from smuggling drugs in if they can't check to see if they have drugs?
- Kelly Seyarto
Legislator
And that's a big problem. I know our newspapers in our area like to make a huge ordeal when unfortunately an inmate may die from a drug overdose overnight. You know, the guards aren't there 24/7 to watch them and they get the drug somehow, usually from visitation, we don't know.
- Kelly Seyarto
Legislator
You know, sometimes it could be internal, but how do we address that, given these restrictions without it going up? And because I know during COVID that number of drug ODs in prison went way down and they didn't have any visitors. So, there's that problem.
- Kelly Seyarto
Legislator
And that's something that I'm always concerned about because I'd like the prison population to be able to be rehabilitated and returned, not in a body bag. And so, have you run across those questions and how have you addressed those?
- Mia Bonta
Legislator
Thank you, Senator. And I appreciate the ability to have additional dialogue with you. I appreciated serving with you on the Assembly of Public Safety for several years. We've had a lot of conversations with CDCR, I think, on this, and I also did serve as the budget sub. chair for public safety last year.
- Mia Bonta
Legislator
And the data that we reviewed essentially showed that during COVID there was an increase in the number of the amount of contraband that was coming through. And that was at a time when there was no family contact visits happening. So, I agree with you that our.
- Mia Bonta
Legislator
That there is contraband freely coming into our prisons and we need to do something about that because we don't want people OD'ing, we don't want to continue rampant drug use and drug abuse in our prison system. That's not why they exist.
- Mia Bonta
Legislator
I don't believe that the, that the impact of family visitations is what is believed to be in the media and kind of out there. The data actually controverts that belief.
- Mia Bonta
Legislator
At the end of the day, we do need to make sure that our prison guards and our incarcerated people are safe and that they have an opportunity to be able to rehabilitate. Using family visitation as a means to punitively engage an incarcerated person is not the answer to providing that kind of safety.
- Mia Bonta
Legislator
This bill essentially ensures that we have an ability to be measured in ensuring that public safety, and we will continue to have conversations with CCPOA and CDCR to strike that right balance. But what we do know right now is that is far too.
- Mia Bonta
Legislator
Leaning far too much towards a punitive response and taking away the opportunity to use family contact and family visitation as a means to rehabilitate.
- Mia Bonta
Legislator
And I started this journey out working on this bill because I was talking to a lot of families who had people who were incarcerated and who were struggling because they were seeing the ties with their family members who were inside being frayed and seeing their family members being lost to them and feeling the loss of that as if somebody had died because they weren't able to maintain that connection or because that connection was uncertain.
- Mia Bonta
Legislator
They could show up to prison expecting to be able to be visited, travel long distance to be able to do that, and then be told at the drop of a dime, you can't see the person that you traveled all this way and waited to be able to see. That's not okay either. So, this.
- Mia Bonta
Legislator
And then I got a chance to talk to people who were inside and recognized how incredibly important it was for them while they were waiting years and years for basic programming and rehabilitative support, to have the one thing that is sure to be able to make sure that they have a way to be able to connect, and that is through family visitation and family contacts.
- Mia Bonta
Legislator
So, I understand the balance of this notion of broader safety. I also understand that we cannot sacrifice the rehabilitative power for both the people who are incarcerated and the people who are waiting and loving their incarcerated brothers and sisters and fathers and uncles and mothers who are outside of the system.
- Mia Bonta
Legislator
So. I will use that as my close.
- Kelly Seyarto
Legislator
I was just going to say, you want to use that as your close?
- Mia Bonta
Legislator
I will absolutely use that as my close. I appreciate the question and the opportunity Senator.
- Kelly Seyarto
Legislator
All right, thank you very much. We'll bring it back for a vote.
- Committee Secretary
Person
Item 16, AB 2709, Bonta. Motion is do pass as amended to Appropriations. [Roll call]
- Kelly Seyarto
Legislator
Okay. That bill will remain on call, and I don't have any other, Muratsuchi. Oh, would you like to come up and be the sole? I can't give you a motion, but I can listen to your, your bill. Yeah, I wish I could, but I can't. All right, Mister Muratsuchi, this is AB 2309. You may begin when you're ready.
- Al Muratsuchi
Legislator
Enter the room. Thank you very much, Vice Chair Seyarto. This is a Bill, Assembly Bill 2309, that originally was proposing to allow General law cities the same opportunity that charter cities have to be able to prosecute state law misdemeanors.
- Al Muratsuchi
Legislator
Since then, I've engaged in very good discussions with the chair of this Committee and with Members of this Committee, and I have substantially amended this Bill to limit the prosecutors, the city prosecutors of General law cities, to be able to prosecute cases only in collaborative justice courts.
- Al Muratsuchi
Legislator
As this Committee well knows, collaborative justice courts are known as problem solver courts, and in particular, the main proponent of this Bill, the City of Manhattan Beach. In my district, their interest is to be able to have a more proactive approach to deal with their local homeless population, the homeless courts.
- Al Muratsuchi
Legislator
We're going to have an opportunity to hear not only from the chief of police of Manhattan Beach, Chief Rachel Johnson, but also our neighboring Redondo Beach, city attorney, Michael Webb, where in Redondo, they have demonstrated tremendous success in reducing their homeless population, using the homeless courts not to punish poverty, not to criminalize poverty, but to provide.
- Al Muratsuchi
Legislator
To use the criminal courts as an opportunity to provide wraparound services to help support and get the unhoused back on their feet, using the opportunity of the minor, low level state law misdemeanor offenses that bring them involved in the criminal justice system.
- Al Muratsuchi
Legislator
So with that, with your permission, Vice Chair, I'd like to call Chief Johnson and City Attorney Michael Webb to testify at the witness table. Great.
- Kelly Seyarto
Legislator
We're going to have him testify up here at the. Okay, thank you. Right. And I'll ask him. Are you going to be taking the amendment?
- Al Muratsuchi
Legislator
Yes, absolutely. And I also want to clarify that with the amendments, the California District Attorneys Association has removed their opposition, as well as the California Public Defenders Association. Vice Chair, I hope to earn your support for this Bill.
- Kelly Seyarto
Legislator
Thank you. Witnesses, you have two minutes each, if you can make it two minutes. Thank you.
- Rachel Johnson
Person
Thank you, sir. Good morning, Vice Chair and Members, my name is Rachel Johnson, Police for the City of Manhattan Beach. I'm also a Member of the Los Angeles County Police Chiefs Association who is in support of this Bill. As a Police Chief, it's my primary duty to protect the people in my community.
- Rachel Johnson
Person
It's also my responsibility to ensure our officers are judicious in situations that require their intervention. And that is what this is about from my standpoint, protecting people and finding a balance between enforcement and providing assistance to those who need help.
- Rachel Johnson
Person
Assembly Bill 2309 will help ensure we can meet the needs of our communities by addressing illegal conduct through collaborative rehabilitative services and justice programs. In doing so, our city will have the ability to utilize diversion and rehabilitative programs to provide opportunities to correct behavior without relying on penalties alone. For these reasons, I respectfully ask for your aye vote.
- Kelly Seyarto
Legislator
Thank you. Thank you very much for your testimony this morning. Next speaker, you have two minutes.
- Mike Winn
Person
Thank you. Vice Chair, Members, my name is Mike Webb. I'm the elected city attorney for the City of Redondo Beach. It's a charter city. This Bill doesn't affect us. But I flew up here from vacation to speak in enthusiastic support of this because it's very much needed, especially in light of the Supreme Court's Grants Pass v.
- Mike Winn
Person
Johnson situation code enforcement. Anti camping can be prosecuted under Grants Pass v. Johnson by city attorneys, and that would dump them all into criminal court. This Bill creates a preference for collaborative courts, and we've had great success.
- Mike Winn
Person
We are on the verge, and as assessed by our South Bay Council of governments, of reaching functional zero in homelessness from a decade long high. And that's because we provide.
- Mike Winn
Person
We had the first outdoor homeless court in the community where people experiencing homelessness live, where they frequent, and we set up the wraparound services, additional mental health resources for those who need them, additional drug addiction and alcohol addiction services for those who need them, in a very non threatening manner. The best description of it isn't mine.
- Mike Winn
Person
It came from an assistant head public defender who said it's a real court in the atmosphere of a resource fair. And so we try and set them up for success.
- Mike Winn
Person
And so I think with Grants Pass, we don't want to dump a lot of people in the criminal justice system traditional, because you can't prosecute someone to overcome the obstacles to receiving homelessness. And it's entirely voluntary and would be under this Bill, if they don't want it, then it would return to criminal court and the DA.
- Mike Winn
Person
So thank you for hearing on this and I urge your support.
- Kelly Seyarto
Legislator
Thank you very much. I appreciate you guys coming to testify this morning. Next up, any opposition witnesses who would like to speak in lead opposition? If there's nobody is the lead opposition witness, then we'll take the me too's at this time. Come on up. Support.
- Kelly Seyarto
Legislator
State your support or opposition to the Bill and your name and organization you represent?
- Lesli Caldwell-Houston
Person
Leslie Caldwell Houston for the California Public Defenders Association. I want to make it clear that we are withdrawing our opposition.
- Garrett Hamilton
Person
Garrett Hamilton with CDAA. We are also withdrawing our opposition in light of the amendments. Zach Selflu with the League of California cities in support.
- George Parampathu
Person
George Prampthew on behalf of ACLU California action in respectful opposition.
- Paul Yoder
Person
Thank you, Mister chair Members. Paul Yoder, on behalf of the City of Beverly Hills in support.
- Kelly Seyarto
Legislator
Okay, that exhausts the line. I will bring it back for none of my colleagues to comment on. And since I. Any questions? Vice Chair? No, I don't have any questions on this. I appreciate you taking those amendments.
- Kelly Seyarto
Legislator
And so when we have enough colleagues up here, we'll take the Bill up at that time for a motion and then hopefully a vote. Okay? Thank you. Thank you. Since we have no authors and we have barely any people up here, we're going to go ahead and take a brief recess. Hopefully a brief recess.
- Kelly Seyarto
Legislator
Call the Senate Public Safety Committee back into session. We have an authorization. Welcome, Mister Gipson. You don't know how happy we are to have you here. You may present your Bill when you're ready.
- Mike Gipson
Legislator
Thank you very much, Mr. Chairman and Committee. Thank you for allowing me to present Assembly Bill 3085, which authorize a magistrate judge, pre-conviction, to impound a person's vehicle for a motor vehicle expedition of speed, sideshows, also known as a motor vehicle speed contest. This bill would mirror existing laws for reckless driving.
- Mike Gipson
Legislator
These speed contests are dangerous, unsanctioned, and even unruly. Crowds come and form to encourage. They block streets, they take over the public right of way and highways, and these street takeovers, these contests are absolutely dangerous. Most cases--and I would say most cases--what's found at these side contests are weapons, drugs, and other illicit situations taking place there, and people are injured. I, for one, had a 14-year-old young man who should have had his...at home in a bed, asleep, and snuck out the house.
- Mike Gipson
Legislator
And at the sideshow, the speed contest, there was a weapon. He ended up getting killed. There was a knock at the door. The mother said, no, my son is at home, asleep in the bed. She went there. To her surprise, he wasn't there, and they gave notification that her son was killed, the only one that was killed in that particular situation.
- Mike Gipson
Legislator
And I describe that because these are things that are happening more than not that's taking place every weekend. When you hear fireworks and it's not the Fourth of July, well, that's a sign that everyone goes to that location and support those kinds of bad behavior.
- Mike Gipson
Legislator
Assembly Bill 3085 is a step in the right direction to address the overall problem that exists in California. It's not germane to one area, it exists and throughout the State of California. This bill enforces a 30-day impoundment of a vehicle and results in the point being leveled on a person's driving record. I respectfully ask for an aye vote at the appropriate time.
- Kelly Seyarto
Legislator
Thank you. Did you bring any lead witnesses today?
- Mike Gipson
Legislator
No lead witnesses. Just myself today.
- Kelly Seyarto
Legislator
All right, do we have anybody who wishes to speak in favor of the bill? Do we have any lead witnesses in opposition to the bill? Do we have anybody who wants to come up as a MeToo? And I'll bring it back to the dais for me to make a comment. I like your bill. I like the other bill that was very similar to it also. I supported you, this bill in transportation, and when the time comes, we'll probably be supporting it here. Would you like to close? I ran out of air.
- Mike Gipson
Legislator
No problem. Again, Mr. Chairman, thank you very much for allowing me to--the privilege of presenting this bill. I believe it's a step in the right direction. We must do something and doing nothing is not an option. I just want to leave one situation. A mother who went to go pick up food was also a fatal situation.
- Mike Gipson
Legislator
And when she never came home with that food, they found out, her husband and her children found out that the mother who went to go get food for the family was killed immediately upon impact by these street racers, the street contests that are taking place. I respectfully ask for an aye vote for our community and the people of State of California at the appropriate time.
- Kelly Seyarto
Legislator
Thank you very much, Mr. Gipson, for presenting your bill, and when the time comes, we will get a motion and vote on it. Thank you.
- Mike Gipson
Legislator
Thank you very much.
- Kelly Seyarto
Legislator
Welcome. Welcome, Mr. Wallis.
- Greg Wallis
Legislator
Good morning, Mr.
- Kelly Seyarto
Legislator
You're here to present your bill.
- Greg Wallis
Legislator
I am. You ready for me?
- Kelly Seyarto
Legislator
Okay. No, we have a little delay. No, I'm just kidding. Yes.
- Kelly Seyarto
Legislator
You have AB 2186?
- Greg Wallis
Legislator
I do.
- Kelly Seyarto
Legislator
Wait, we want to take away cars. Go ahead and present your bill.
- Greg Wallis
Legislator
All right. Well, good morning, Mr. Chair and Committee Members. I'm here to present AB 2186, a bill about exhibitions of speed or other sideshow contests, and I intend to do a speedy presentation.
- Greg Wallis
Legislator
Current law allows a peace officer to arrest a person and seize the person's motor vehicle if a peace officer determines that the person was engaged in a motor vehicle speed contest, reckless driving, or an exhibition of speed on a highway. Current law allows a vehicle seized under this provision to be impounded for up to 30 days.
- Greg Wallis
Legislator
In 2022, when the Legislature expanded the crime of motor vehicle exhibition of speed to include off street parking facilities, it did not include provisions related to impounding the vehicle.
- Greg Wallis
Legislator
This bill closes that gap by allowing a peace officer to seize and impound a vehicle for up to 30 days if an exhibition of speed occurs in an off street parking facility the same as if it happened on a roadway.
- Greg Wallis
Legislator
Impoundment is a deterrent tool for law enforcement to keep communities safe, and the bill will ensure that the language in the current vehicle code is clear and effective in preventing dangerous sideshows in parking lots. I don't have a primary witness today in keeping with my speedy pledge.
- Kelly Seyarto
Legislator
Thank you very much. Since there's no primary witness, is there any witness in opposition that wishes to speak as a primary witness. Being none, we'll go to me two's. Come on up. Don't knock each other over getting there. No? Okay, I'm going to bring it back to me up here.
- Kelly Seyarto
Legislator
Appreciate your bill as I appreciated the others that we have heard today that are very similar. And when we have more Members up here, we will then seek a motion and vote. Appreciate you presenting and you may close.
- Greg Wallis
Legislator
Just respectfully request an aye vote when appropriate.
- Kelly Seyarto
Legislator
All right, thank you very much and thanks for coming over and getting this done. I appreciate it.
- Nancy Skinner
Legislator
So we're going out of recess. Is that correct? We never went in.
- Nancy Skinner
Legislator
Oh, okay. So I am chairing Senate Public Safety now for the purpose of getting us some motions on some bills that haven't had motions yet. So we will go to item 12, AB 2186. Do we have a motion? I'll move the Bill.
- Committee Secretary
Person
Great.
- Nancy Skinner
Legislator
Would you please do roll call?
- Committee Secretary
Person
Item 12, AB 2186 by Wallace. Motion is do pass to appropriations. [Roll Call]
- Nancy Skinner
Legislator
All right. Now we'll go to item 13, AB 2309. Do we have a motion? I'll move to Bill.
- Committee Secretary
Person
All right. Roll call, AB 2309. Murasuchi. Motion is do pass as amended, to local government. [Second Roll] Yes, but it's. They don't.
- Committee Secretary
Person
Okay, no worries. No worries. I'm sorry. [Roll Call]
- Aisha Wahab
Legislator
Yep. 3085.
- Committee Secretary
Person
Okay, item 15, AB 3085 by Gibson needs a motion.
- Aisha Wahab
Legislator
I'll move the Bill.
- Committee Secretary
Person
Motion is do pass to the floor. Wahab say arto. Aye. Bradford? Skinner. Wait, hold on. Let me double check.
- Nancy Skinner
Legislator
Yeah, please check. It's still none known. It's still none known. The analysis shows none. Yeah. No, there's no office.
- Nancy Skinner
Legislator
Okay. All right. Apologies. That. Roll call on 15, AB 3085.
- Committee Secretary
Person
[Second Roll]. And then item. Item number one, AB 1186 needs a motion. Okay, hold on a minute. We did vote on it. Oh, I apologize. I apologize.
- Nancy Skinner
Legislator
Is there any others, any others that didn't have motions yet on his way? Okay.
- Unidentified Speaker
Person
But it's probably closing up until 130.
- Nancy Skinner
Legislator
He may be closing up in about to take the vote.
- Unidentified Speaker
Person
Do you want me to ask Andrew?
- Unidentified Speaker
Person
No. Well, I think. I mean, but I don't think we're still going to have.
- Nancy Skinner
Legislator
Yes, but. But on.
- Unidentified Speaker
Person
But in asmrtaine it.
- Kelly Seyarto
Legislator
All right. We're going to forge on very creatively, and I believe Senator Skinner is going to present two bills on behalf of Assemblymember McCarty, starting with Assembly Bill 2106.
- Nancy Skinner
Legislator
I'm presenting AB 2106 on behalf of Assemblymember McCarty. First, he is accepting the Committee's amendments and appreciates the work in terms of the specifics to the bill. AB 2106 provides Californians who have previous drug convictions the opportunities to maintain sobriety and return to society with supportive facilities, programs and wraparound services.
- Nancy Skinner
Legislator
The measure additionally would incorporate mental and behavioral health services and programs into the public defender's office for people charged with drug related offenses. In 2018, a report by CDCR showed that nearly 50% of formerly incarcerated for drug related crimes.
- Nancy Skinner
Legislator
In other words, nearly 50% of those people incarcerated for drug related crimes after release were reconvicted and even more rearrested in a limited 2022 study conducted by California health policy strategies. Once we've embed services and programs for rehabilitation in the public defender's office, we get promising results towards reduced recidivism and healthy recovery.
- Nancy Skinner
Legislator
And that's what SB, or, excuse me, AB 2106. That's its purpose. And for those reasons, I respectfully ask for your aye vote, and the paper I have does not show who the lead witness in support will be. Is there indicated on your paperwork a lead witness? No.
- Kelly Seyarto
Legislator
I will ask.
- Nancy Skinner
Legislator
Okay, thank you.
- Kelly Seyarto
Legislator
All right. At this time, if there's anybody who would like to speak as a lead witness in support of this bill, which is AB 2106 by McCarty, please come forward. You'll have two minutes. If there's anybody who would like to act as a lead witness in opposition to the bill, please come forward.
- Kelly Seyarto
Legislator
If there's anybody just wants to do me too's for opposition or support, please come forward and state your name whether you oppose the organization or support, or any organization that you represent.
- Libby Sanchez
Person
Thank you. Libby Sanchez. On behalf of CPOC, chief probation officers of California, we previously had a support, if amended position based on the articulation of the amendments. We are now removing our supportive, amended position because the bill is going in a different direction. We'll assess and let y'all know.
- Kelly Seyarto
Legislator
Thank you. For a. If you have a.
- Edward Little
Person
Yes, well, three.
- Kelly Seyarto
Legislator
Okay.
- Edward Little
Person
Ed little. On behalf of California's for Safety & Justice, Reform Alliance, and ARC, we have moved to neutral, and we appreciate the author working with us. Thank you.
- Kelly Seyarto
Legislator
Thank you, sir.
- Garrett Hamilton
Person
Garrett Hamilton, with CDAA. We support.
- Lesli Caldwell-Houston
Person
Leslie Caldwell, Houston, for the California Public Defenders Association. We are withdrawing our opposition, but we do want to express our concerns about the requirement that the indigent defendants must pay for their treatment.
- Kelly Seyarto
Legislator
All right, thank you.
- Eric Henderson
Person
Eric Henderson, on behalf of legal services for prisoners with children. And all of us are none in opposition.
- Kelly Seyarto
Legislator
All right, looks like we've exhausted the line of people who wish to weigh in, so we'll bring it back to the dais for me to ask questions or make comments, of which I will do neither. And so it'll go back to you to close.
- Nancy Skinner
Legislator
Thank you. On behalf of Assemblymember McCarty, I ask for your aye vote.
- Kelly Seyarto
Legislator
Great, and when the time comes, we'll be able to take a vote on that. You have another bill you'd like to present on behalf of Assemblymember McCarty?
- Nancy Skinner
Legislator
Yes, I do. Let's go ahead. I'm now presenting AB 2882 which is sponsored by the Steinberg Institute and Californians for Safety and Justice. AB 2882 enhances planning and collaboration in county corrections to ensure that we meet our statewide goals of reducing recidivism and improving public safety.
- Nancy Skinner
Legislator
Research indicates that addressing behavioral health needs of our justice involved population reduces recidivism. AB 2882 does that by requiring counties to set goals for reductions in recidivism, goals for daily jail population, jail bookings, length of stay and increasing connections to behavioral health care services. And it requires the incorporation of more behavioral health stakeholders into local planning.
- Nancy Skinner
Legislator
There's no reprioritization of existing Prop . 30 protected community corrections revenue in the Bill. I just wanted to make that clear. And this Bill does not undo agreements that were made during realignment. The Bill enjoys support from a large coalition of behavioral health and justice advocates, and here to testify and support is a representative from the Steinberg Institute.
- Kelly Seyarto
Legislator
I thank you. You may. You have two minutes. Good morning.
- Tara Eastman
Person
Tara Gamboa Eastman with the Steinberg Institute proud cosponsor of AB 2882 since public safety realignment, the jail population has changed dramatically. The number of people in county jails with behavioral health needs has more than doubled. Now, more than half of the county jail population has behavioral health needs.
- Tara Eastman
Person
Jail deaths are at record highs despite declining jail populations as a result of rising suicides and overdoses. And now, more than a decade after realignment, we not only have a very different jail population, but we also have a very different behavioral health funding landscape with reforms such as calaim and Proposition one.
- Tara Eastman
Person
These reforms allow counties to invest more in evidence based behavioral health treatment that have been proven to reduce recidivism and improve public safety. But these investments will only be successful if counties can work across their siloed local systems amidst the state's budget deficit.
- Tara Eastman
Person
This Bill is about using every public dollar to its fullest potential to meet our shared goals. We will fall short of these goals if we don't bring the right people to the table. For example, under Calaim, realignment can be used as a non federal share for medi Cal services.
- Tara Eastman
Person
Counties that fail to Bill Medi-Cal for eligible behavioral health services are leaving federal dollars on the table. Without behavioral health partners involved in local planning, there is a significant information gap in how to best leverage these resources.
- Tara Eastman
Person
AB 2882 adds relevant county stakeholders to the local public safety realignment planning process to ensure integration and coordination in our counties. AB 2882 supports counties in making the most informed decisions about how to meet their goals based on their available resources and local needs. Respectfully request your I vote thank you.
- Kelly Seyarto
Legislator
Thank you for your testimony this morning. I appreciate it. Okay, this time we'll take any lead. Opposition witnesses, you have two minutes each.
- Ryan Morimune
Person
Thank you chair, Committee and staff Ryan Moor Muni with the California State Association of Counties I just want to start off by saying counties are keenly aware of the rising behavioral health needs within our communities, which includes the justice involved population, and have advocated for sustainable funding and resources to address those needs.
- Ryan Morimune
Person
Unfortunately, we are in opposition to the approach AB 2882 is taking for counties.
- Ryan Morimune
Person
This Bill conflates a larger issue of behavioral health treatment with a specific 2011 realignment population and the subsequent funding stream guaranteed to counties pursuant to AB 109, with the specified changes to the composition of the community corrections partnerships, or ccps, as well as the CCP Executive Committee.
- Ryan Morimune
Person
This measure prioritizes behavioral health treatment needs as if it's the only or primary approach to alleviate all public safety issues, but again focuses on the specific reline population, which is only a subset of those under the local jurisdiction.
- Ryan Morimune
Person
Lastly, this Bill doesn't acknowledge both the multiple sources of revenue that counties must braid to provide direct behavioral health services in and outside facilities, nor does it recognize major recent initiatives that are aimed at capturing similar data in achieving the intended goal.
- Ryan Morimune
Person
And so, as stated by the proponents, this includes implementation of Proposition one, which was, as we know, was recently passed this spring, the CalAIM justice involved initiative, which is in its infancy, and even the Care act, which is rolling out now.
- Ryan Morimune
Person
All of these changes impact the funding and delivery of behavioral health programming, as well as long term rehabilitation, reentry and outcomes. Again, we agree that behavioral health services are a vital component of addressing the rising needs of the justice involved population and through the existing planning process and diverse CCP composition.
- Ryan Morimune
Person
Behavioral treatment is funded in counties through realignment dollars and other resources. Ultimately, from the county perspective, this measure is premature, duplicative, and in some areas, duplicative in some areas, and then it is also a bit misplaced. But thank you for your consideration and we respectfully ask for your opposition.
- Kelly Seyarto
Legislator
Thank you very much. Next speaker, you have two minutes.
- Libby Sanchez
Person
Thank you. Libby Sanchez, on behalf of the chief probation officers of California, also in respectful opposition to this measure.
- Libby Sanchez
Person
This measure, unfortunately, is premised on a few erroneous presumptions, being that counties currently are engaging in siloed engagement for these efforts, that counties are not prioritizing behavioral health as they're obligated to do, and that's simply not a factual estimation of what's going on.
- Libby Sanchez
Person
The purpose of CCP membership was an engagement, was really, and has always been to ensure that there's local engagement and locally informed and responsive plans to make sure that the counties are providing the supports and services of these populations necessary.
- Libby Sanchez
Person
Unfortunately, the changes proposed in this measure do not only affect the makeup of the CCP composition, but also a redirection of funding and prioritization, which then results in a deprioritization of the other really important undertakings that need to be addressed.
- Libby Sanchez
Person
You know, it's important to highlight that the population in which the CCP partnership development plans is a really multidimensional approach meant to meet a wide range of needs.
- Libby Sanchez
Person
And when you only prioritize one above all of the others, even though prioritization of that is currently in the existing plans, what you're really doing is deprioritizing everything else, housing, employment, mental health, community safety, etcetera. And that simply was not the purpose of the 2011 realignment. It wasn't the purpose of CCPs under 2011 realignment.
- Libby Sanchez
Person
We remain committed to developing local plans that address everything that needs to be addressed, not just one functionality.
- Libby Sanchez
Person
Thank you. Thank you very much for your testimony this morning. Okay, at this time we'll take Metoos. If you come on up. Name? Organization you represent one? No, I'm just kidding. If you have more, you can do that.
- Eric Anderson
Person
Eric Anderson, on behalf of Vera Institute of Justice, California in support. Thank you.
- Edward Little
Person
Ed Little, on behalf of Californians for Safety and justice proud co-sponsor and support.
- Kelly Seyarto
Legislator
Thank you Mister Little. Katrina Reese with initiate justice and support. Josh Gagger, on behalf of the boards of supervisors of the counties of Ventura, Riverside, Santa Barbara, and also on behalf of the urban counties of California and the Rural County Representatives of California, all opposed. Thanks.
- Unidentified Speaker
Person
Kasia Hunt here with Nosman with the County of Monterey Board of Supervisors, in opposition, Victoria Rodriguez, on behalf of Contra Costa and Lake County, in opposition.
- Unidentified Speaker
Person
Nicole Wortleman, on behalf of the Orange County Board of Supervisors, in opposition.
- Paul Yoder
Person
Juan Antonio Govea, on behalf of the L. Baker Center for Human Rights, in support. Paul Yoder, on behalf of the Boards of Supervisors in the counties of San Luis, Obispo, Kern, Mendocino, Shasta, Solano, Madera and San Joaquin, all in opposition. Appreciate the positive conversation just now out in the hallway with the sponsors. Look forward to continuing the dialogue during the recess. Thank you. Thank you.
- Lesli Caldwell-Houston
Person
Leslie Caldwell, Houston for the California Public Defenders Association in support.
- Kelly Seyarto
Legislator
Thank you very much everybody, for testifying and weighing in. That will bring it back to the dais. Senator Wiener, do you have any comments? You have a motion to move the Bill? All right. Would you like to close?
- Nancy Skinner
Legislator
Thank you. I respectfully ask for your aye vote.
- Committee Secretary
Person
All right, we'll bring it back for vote. Go ahead and call roll item 11. AB 2882. Motion by my party. Motion is do pass to appropriations. [Roll Call]
- Kelly Seyarto
Legislator
Can you open the roll on AB 2106?
- Committee Secretary
Person
AB 2106, McCarty. Motion is do pass as amended to Appropriations. [Roll Call]
- Nancy Skinner
Legislator
All right, I have the gavel. I'm chairing public safety. We are going to take a motion. Do we need a motion? We have motions on all the bills, so now we're just going to lift calls. We'll start with number one. All right, we will start with item number one, AB 1186. Please call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
That Bill now has two to 12 to one. It's staying on call. We will now go to item number two, AB 544. Please call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that vote will stay on call. Bill Rather, we'll now go to item three, AB 1799. Let's call the absent Members, AB 1799.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, we'll now go to item number four, AB 2042.Please call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that Bill will stay on call. We'll now go to item number five, AB 1962.Please call the absent Members,
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that Bill will also stay on call. We'll now go to item number six, AB 1978. Let's call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that Bill will also stay on call. We'll now go to item seven, AB 2064.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
AB 2064. The final vote is four to one and the Bill is out. We'll now go to item eight, AB 3108. Please call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that Bill will stay on call, but we will go to. Okay, I already lost my item nine. AB 2099. Please call the absent Member, AB 2099.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, we'll now go to AB not item 10, AB 2106. Yeah, go ahead,
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
Okay, that's Bill, right? That Bill stays on call. Will now go to AB 2882. Neither of you are here. There's no point to call those absent Members. Okay, we'll just hold on that one because the absent Members aren't here. We'll go to item 12 and. AB 2186.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that Bill will also stay on call. Will now go to item 13, 2309.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
Also, we will go to. Okay, we'll now go to item 15, AB 3085.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that Bill will be stay on call, and we'll go to item 16, AB 2709.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that Bill will also stay on call. We'll go to item 17, AB 20. zero, that is the consent. We'll wait. We'll go.
- Committee Secretary
Person
Yeah, we can do.
- Nancy Skinner
Legislator
We can do consent. Okay, we'll now do consent. Calendar is two items on consent, correct?
- Committee Secretary
Person
Yes.
- Nancy Skinner
Legislator
And we'll call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
Consent calendar is out with the final vote count 5-0. Now we will go to item 18. AB 2959.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, definitely stay on call. We'll go to item 19. AB 3029.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
Okay, we'll now go to item 21. AB 3241.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that vote, that Bill will remain on call.
- Committee Secretary
Person
Maybe we just recess til like, 130 and we'll get.
- Nancy Skinner
Legislator
Why don't you check? Why don't you check with folks?
- Scott Wiener
Legislator
So I'm all done now, right?
- Committee Secretary
Person
Yeah. Yes, I believe so. We just went through the whole thing here.
- Unidentified Speaker
Person
[Background]
- Nancy Skinner
Legislator
The Senate. Public Safety Committee is in recess. We're going to lift the calls. I think we have to start right at the beginning. Is that correct? All right, we will begin item one, AB 1186.Call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that bills out. That's four to one, and we will go to item three, AB, 1799.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that Bill is out. AB, 1799. Four to zero. We will now go to item four, AB 2042.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
That Bill is on call. We'll now go to item six, AB 1978.Call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
Oh, wait a minute. Apologies, apologies. Okay, I want to re. I am going to start that vote over. Okay, this is item six, AB 1978. Please call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
So AB 1978 is out, three to zero.
- Committee Secretary
Person
We get wait for Wahab.
- Nancy Skinner
Legislator
So it's on call. Okay, we're having it. We're holding it on call. Okay, we're going to item seven.
- Committee Secretary
Person
Number eight.
- Nancy Skinner
Legislator
Number eight. Okay. All right. Apologies. We're now at item seven. AB 2064.
- Committee Secretary
Person
No, that one's out.
- Nancy Skinner
Legislator
Oh, I'm sorry. You're right. We did that right away. Okay, item eight. AB 3108.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that Bill is still on call. Will now go to item nine. AB 2099.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
Okay, that Bill will still be on call. We'll go to item 10.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, item number 10 to 106 is on call. We'll go to item 11. AB 2882.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, AB 2882. Will still be on call. We'll go to item 12. AB 2186.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, that Bill will remain on call.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
But that Bill remains on call. Okay, so now we'll go to item 15. AB 3085.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
Okay, now we'll go to. That Bill is still on call. Apologies. AB 3085. We'll open it again when we have our last Member, but we will go to item 16. AB 2709.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, we'll now go to item 17. Was on consent, so we will then take the consent calendar.
- Committee Secretary
Person
He's already on that.
- Nancy Skinner
Legislator
Oh, Mister Bradford already voted on that. Okay, great. So we don't need to reopen that. It is closed, and we will instead go to item 18. AB 2959.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, we'll now go to item 19. AB 3029.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
All right, we'll keep AB 3029, open. We'll go to item 21.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
Oh, that Bill. All right, so AB 3241 is out, three to zero. All right. I don't think so. I think we just wait for miss our chair to come back. All right, we are. Public safety is reopening the rules. One moment on item four. AB 2042.Please call the absent Members.
- Committee Secretary
Person
[Roll Call]
- Nancy Skinner
Legislator
She's on her way. She told me she's on her way. Public Safety Committee. Senate Public Safety will now recess for no more than 15 minutes. The chair is on her way back.
- Committee Secretary
Person
[Roll Call]
- Aisha Wahab
Legislator
All right, thank you, guys. Senate Public Safety is adjourned.
Committee Action:Passed
Next bill discussion:Â Â August 12, 2024
Previous bill discussion:Â Â June 18, 2024
Speakers
Lobbyist
Legislator