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AB-1518 Criminal justice statistics. (2017-2018)

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Date Published: 03/28/2017 09:00 PM
AB1518:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1518


Introduced by Assembly Member Weber

February 17, 2017


An act to amend Section 903.2 13012 of the Penal Code, relating to grand juries. criminal justice statistics.


LEGISLATIVE COUNSEL'S DIGEST


AB 1518, as amended, Weber. Grand juries. Criminal justice statistics.
Existing law requires the Department of Justice to prepare and present to the Governor an annual report containing the criminal statistics of the preceding calendar year, including, but not limited to, the total number of citizen complaints alleging racial or identity profiling, as specified.
This bill would delete references to citizens’ complaints and instead refer to civilians’ complaints.

Existing law establishes procedures for the selection of grand jurors in each county. Existing law requires a jury commissioner to question residents who are summoned for grand jury duty with regard to his or her qualifications, as specified.

This bill would make technical, nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13012 of the Penal Code is amended to read:

13012.
 (a) The information published on the OpenJustice Web portal pursuant to Section 13010 shall contain statistics showing all of the following:
(1) The amount and the types of offenses known to the public authorities.
(2) The personal and social characteristics of criminals and delinquents.
(3) The administrative actions taken by law enforcement, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with criminals or delinquents.
(4) The administrative actions taken by law enforcement, prosecutorial, judicial, penal, and correctional agencies or institutions, including those in the juvenile justice system, in dealing with minors who are the subject of a petition or hearing in the juvenile court to transfer their case to the jurisdiction of an adult criminal court or whose cases are directly filed or otherwise initiated in an adult criminal court.
(5) (A) The total number of each of the following:
(i) Citizen Civilian complaints received by law enforcement agencies under Section 832.5.
(ii) Citizen Civilian complaints alleging criminal conduct of either a felony or a misdemeanor.
(iii) Citizen Civilian complaints alleging racial or identity profiling, as defined in subdivision (e) of Section 13519.4. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as including, but not limited to, based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.
(B) The statistics reported under pursuant to this paragraph shall provide, for each category of complaint identified under subparagraph (A), the number of complaints within each of the following disposition categories:
(i) “Sustained,” which means that the investigation disclosed sufficient evidence to prove the truth of allegation in the complaint by preponderance of the evidence.
(ii) “Exonerated,” which means that the investigation clearly established that the actions of the personnel that formed the basis of the complaint are not a violation of law or agency policy.
(iii) “Not sustained,” which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.
(iv) “Unfounded,” which means that the investigation clearly established that the allegation is not true.
(C) The reports under subparagraphs (A) and (B) shall be made available to the public and disaggregated for each individual law enforcement agency.
(b) It shall be the duty of the The department to shall give adequate interpretation of the statistics and so to present the information so that it may be of value in guiding the policies of the Legislature and of those in charge of the apprehension, prosecution, and treatment of the criminals and delinquents, or those concerned with the prevention of crime and delinquency. This interpretation shall be presented in clear and informative formats on the OpenJustice Web portal. The Web portal shall also include statistics that are comparable with national uniform criminal statistics published by federal bureaus or departments heretofore mentioned. departments.
(c) Each year, on an annual basis, the Racial and Identity Profiling Advisory Board (RIPA), established pursuant to paragraph (1) of subdivision (j) of Section 13519.4, shall analyze the statistics reported pursuant to subparagraphs (A) and (B) of paragraph (5) of subdivision (a) of this section. RIPA’s analysis of the complaints shall be incorporated into its annual report as required by paragraph (3) of subdivision (j) of Section 13519.4 and shall be published on the OpenJustice Web portal. The reports shall not disclose the identity of peace officers.

SECTION 1.Section 903.2 of the Penal Code is amended to read:
903.2.

(a)The jury commissioner shall diligently inquire and inform himself or herself in respect to the qualifications of persons who are residents of his or her county who may be liable to be summoned for grand jury duty. The jury commissioner may require a person to answer, under oath to be administered by him or her, all questions as he or she may address to that person, regarding his or her name, age, residence, occupation, and qualifications as a grand juror, and also all questions as to similar matters concerning other persons of whose qualifications for grand jury duty he or she has knowledge.

(b)The jury commissioner and his or her assistants, referred to in Sections 69895 and 69896 of the Government Code, shall have the power to administer oaths and shall be allowed actual traveling expenses incurred in the performance of their duties. Those traveling expenses shall be audited, allowed, and paid out of the general fund of the county.