Several Public Safety Bills Sent to Dreaded Suspense File

With one month remaining before 2017 bills must be on the Governor’s desk, several legislative measures were heard this week in both Senate and Assembly Appropriations Committees. These high-cost bills were referred to a later hearing of each committee for Suspense File bills, or bills with such high costs (generally with an over $150,000 price tag to implement). CPOA has lobbied the Legislature on these bills, including those which we believe will negatively impact public safety. Most bills on the Suspense File never make it off, and die in the Appropriations Committees.

Here is a list of costly bills referred to the Suspense File:

AB 41 (Chiu D)-DNA evidence.

Would require law enforcement agencies to report information regarding rape kit evidence, within 120 days of the collection of the kit, to the Department of Justice through a database established by the department. The bill would require that information to include, among other things, the number of kits collected, if biological evidence samples were submitted to a DNA laboratory for analysis, and if a probative DNA profile was generated.

AB 90 (Weber-D)-Criminal Gangs

Revise the definition of “shared gang database” for its purposes to mean any gang database that is accessed by an agency or person outside of the agency that created the database. It also would define “gang database” for its purposes as any database accessed by a law enforcement agency that designates a person as a gang member or associate, or includes or points to information, including, but not limited to, fact-based or uncorroborated information, that reflects a designation of that person as a gang member or associate.

Position: Oppose

AB 284 (McCarty-D)-DOJ: Officer Involved Shootings Report

Would, contingent upon the appropriation of funding by the Legislature, require the Department of Justice to conduct a study of all or a sample of peace officer-involved shootings resulting in death or serious injury that occurred in California between January 1, 2015, and December 31, 2016. The bill would require the department to prepare a written report describing its findings and recommendations and make the report available to the public.

Position: Oppose

There are, however, a few bills that CPOA lobbied in support of that unfortunately also have been referred to Suspense:

AB 484 (Cunningham-R) Sex Offenses: Registration

This bill would add to the list of offenses requiring registration, the offense of rape in cases where the victim submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused and the offense of rape in cases where the act is accomplished against the victim’s will by threatening the use of the authority of a public official to incarcerate, arrest, or deport the victim or another.

AB 1090 (Cunningham-R) Cannabis Use: Location Restrictions

Would prohibit the possession, smoking, or ingesting of cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center, regardless of whether children are present. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Suspense File hearings will likely occur next week.

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