Bill to Study Proposition 47 Impacts Moves Forward

On Tuesday, the California State Assembly Public Safety Committee pushed forward a bill that could  ultimately begin addressing issues around Proposition 47.

Calling Proposition 47 a “failed experiment”, Assemblyman Juan Alanis introduced AB 335 which would repeal Prop 47 in an effort to help reduce crime and improve public safety. The bill had exceptions for cannabis-related language.

However, Alanis amended the bill. The new version of the bill would ask the Little Hoover Commission to conduct a nonpartisan and in-depth study about the effects of Proposition 47 has had on California, especially concerning the impacts of retail thefts across the state.

“Following our hearing, I met with large and small retailers in my district, they all said to me the same thing, everyone of them looked at me in the eye and said here in California the problem is getting worse and not better,” stated Alanis.

Alanis also addressed Chair Sawyer-Jones (AB 1065 – Organized Retail Theft) regarding his bill he introduced several years ago and why it was not being enforced. Alanis said he believed its because the system is backlogged and remained overwhelmed.

“I am betting District Attorney’s offices are having to triage higher crimes over misdemeanors like retail theft and the result is open season on retail theft,” stated Alanis who noted he may be new but said he knew how to count to 41 (assembly votes) and 21 (senate votes) and the committee.

Alanis amended the bill stating through conversation the bill has moved bipartisan and they can begin having honest conversations on Proposition 47.

The amendments announced by Alanis include:

• Ask the Little Hoover Institute to report back on Prop 47 impacts

Stanislaus County District Attorney Jeff Laugero spoke during the hearing regarding his experience with Prop 47.  He provided context and support for AB 335.

“Now that we have had some time with Prop 47, it seems like time to examine those results,” stated Laugero who said the report could allow them to find some needs for legislative changes. “A perfect example of this can be found in the organized retail theft legislation which is a perfect example of identifying a need a narrowly tailoring a legislative remedy to the retail theft problem that we were seeing throughout California.”

Laugero explained the Stanislaus District Attorney’s Office allocates its time to the most pressing public safety needs which Prop 47 has increased the number of offenses to misdemeanors which impacts the quality of life.

“Misdemeanor cases exceed our capacity or any sustainable capacity to handle,” stated Laugero while stating he was appreciative of the committee willing to fact find solutions to assist retailers and communities.

With the stated amendment, several groups opposing the bill dropped their opposition including the ACLU California Action, Ella Baker Center for Human Rights, California Public Defenders Association, and Californians for Safety and Justice.

Assemblymember Liz Ortega thanked Alanis for “thoughtful and balanced approached to this issue” stated they were not interested in filling the prisons back up and she looked forward to working on this and stated she was “cautiously optimistic” who did admit businesses were seeing an uptick in retail theft.

Assemblymember Mia Bonta stated despite the witness testimony, called Alanis on the “right track” with this bill amendment to make them look at the data to be informed.

“I will be supporting this bill in concurrence with the intention to have us be data informed around organized retail theft, certainly an issue of concern in my district as well. I caution you in moving forward that the witnesses you bring forward actually are speaking to the nature of your legislation and not beyond the scope of it,” stated Bonta.

Assemblyman Isaac G. Byran

Assemblymember Isaac Bryan highlighted they have an “author problem”.

“In this case we have an author problem and the problem is you are doing a really good job of being incredibly thoughtful with your first legislative package and doing the reconsideration work prior to the chair telling you that you need to because you are recognizing the spaces where you can build collaboratively,” stated Bryan. “There are some things about this that I don’t like, but in the spirit of that collaboration and in respect to your leadership and the direction you are headed I will be supporting this as well.”

Chair Sawyer-Jones highlighted the war of words with Prop 47 and Prop 57. He also highlighted the difference between Walmart closing stores because of retail theft and Walgreens say its all “poopoo” and questioned how two big groups come with two different ideas of what is going on.

Chair Assemblymember Sawyer-Jones

“So what the author and I talked about is lets get some answers because I am going to push back on your witnesses. I need to find out if this is passive policing or is this District Attorney who are derelict in their duties to prosecute. Or is it judges not meddling out justice and the deliberate attempt to sabotage Prop 47 and Prop 57 by letting this get out of hand,” asked Sawyer-Jones. “That is what is irritating me. I went out of my way to put in an organized retail theft that nobody is picking up and doing.”

He continued by stating he believed if people would have effectively implemented his bill and work with the California Highway Patrol, they would not be having this conversation.

“I do believe the Hoover Commission will shine a light, we will actually know what is going on. Otherwise, your side is going to say prop 47 is not working, my side is going to say it is. But we are going to keep going back and forth that crime is up, crime is down,” said Sawyer-Jones. “Lets find out truly what we need to do to move this forward. I think the Little Hoover Commission will be impartial enough to both our sides, a reality check of what is really happening with shoplifting, smash and grab and organized retail theft front. We honestly need that right now.”

The committee approved AB 335 in an 8-0 vote. (watch the committee meeting)

AB 335  now heads to the Assembly Committee on Appropriations.

Committee Votes On Other Bills

• AB 15 – This bill would provide that Department of Corrections and Rehabilitation records pertaining to an inmate’s release date and their early release credits are public records and are subject to disclosure under the California Public Records Act. The bill would state that the provisions relative to the California Public Records Act are declaratory of existing law. – bill failed in a 2-6 vote, however, was granted reconsideration after amendments made unanimously.
• AB 61 – This bill would remove the weekends and holidays exemption, thereby requiring a person to be taken before the court within 48 hours of their arrest, or to be released, except that if the 48-hour period expires at a time that the court is in session, the arraignment can occur anytime that day – passed in 6-1 vote.
• AB 93 – This bill would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a vehicle, person, or their effects, based solely on a person’s consent, as specified. The bill would specify that consent to conduct a search is not lawful justification for a search. – passed in a 6-1 vote.
• AB 97 – This bill would make the possession of an unserialized firearm or possession of a firearm with an altered, removed, or obliterated serial number punishable as a felony. By increasing the punishment for these crimes, this bill would impose a state-mandated local program. – passed in an 8-0 vote.
• AB 257 – which would have prohibited homeless encampments within 500 feet of a school, daycare center, playground, or youth center. The bill was killed on a 2-6 party line vote – see story
• AB 327 – This bill would require the Department of Justice to complete the transition of all reporting of crime data to the National Incident-Based Reporting System and would require local law enforcement agencies to provide the necessary data to complete this transition. – passed in 8-0 vote.
• AB 328 – This bill would also prohibit a court from dismissing specified firearms-related enhancements. This bill would prohibit a court from striking an allegation or a finding that would make a crime punishable pursuant to those enhancement provisions, except that a court could strike or dismiss an enhancement when the person did not personally use or discharge the firearm or when the firearm was unloaded. – voted down in a 2-6 vote. Reconsideration denied after Bonta objected.
• AB 355 – This bill would also exempt from this prohibition the loaning of an assault weapon to, or the possession of an assault weapon by, a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, while engaged in firearms training. – passed in an 8- vote.

• AB 360 – This bill would prohibit “excited delirium,” as defined, from being recognized as a valid medical diagnosis or cause of death in this state. The bill would prohibit a coroner or medical examiner from stating on the certificate of death or in any report that the cause of death was excited delirium. This bill would prohibit a person from using the term “excited delirium” as part of an affirmative defense in a civil wrongful death action, but would not prohibit the person from describing an individual’s behavior, as specified. — passed in 7-0 vote. (Lackey did not vote)

Editors Note – in this testimony by Assemblyman Mike Gipson, he referenced this term used in the Angelo Quinto case involving Antioch Police Department. (see Contra Costa County DA Report)

Approved in the Consent Calendar Unanimously:

• AB 327 – This bill would require the Department of Justice to complete the transition of all reporting of crime data to the National Incident-Based Reporting System and would require local law enforcement agencies to provide the necessary data to complete this transition.
• AB 330 – This bill would add the issuance of Victims of Domestic Violence cards as a topic in the course of instruction for the training of law enforcement officers. This bill would additionally require the Victims of Domestic Violence card to be a different color than other cards issued by officers, to include a disclaimer, to be available in languages other than English, and to include various information such as the definition of domestic violence and the statute of limitations for domestic violence.
• AB 353 – This bill would require incarcerated persons to be permitted to shower at least every other day. The bill would require, whenever a request for a shower is denied, the facility manager, or their designee, to approve the decision to prohibit an incarcerated person from showering, and would require the reasons for prohibiting the incarcerated person to shower to be documented.
• AB 390 – This bill would require the commission to perform specified duties, including, among other things, partnering with academic researchers to conduct an assessment of existing officer training requirements and determining how well the existing officer training requirements are working for officers in the field.
• AB 399 – This bill would instead require every state and local law enforcement agency to report vehicle pursuit data to the department no later than 45 days after a pursuit

For more info on the Assembly Public Safety Committee, click here