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AB-327 Criminal justice: crime statistics.(2023-2024)

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Date Published: 03/08/2023 09:00 PM
AB327:v98#DOCUMENT

Amended  IN  Assembly  March 08, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 327

Introduced by Assembly Member Jones-Sawyer

January 30, 2023

An act to amend Sections 13010 and 13020 of the Penal Code, relating to crime statistics.


LEGISLATIVE COUNSEL'S DIGEST


AB 327, as amended, Jones-Sawyer. Criminal justice: crime statistics.
Existing law requires the Department of Justice to supply to the federal government with criminal statistics data, as specified. Existing law requires local law enforcement agencies, as specified, to provide the Department of Justice with criminal statistics, as requested. Existing law required the Department of Justice to report to the Legislature on the progress on reporting of crime statistics data to the federal government in compliance with the federal National Incident-Based Reporting System.
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 by January 1, 2025, and would require local law enforcement agencies to provide the necessary data to complete this transition.
By requiring local agencies to provide updated statistical data, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares both of the following:
(a) Accurate, detailed, and comprehensive data about crime can help law enforcement agencies, communities, researchers, and public leaders make well-informed decisions that support public safety.
(b) It is the intent of the legislature Legislature that all state and local law enforcement agencies will provide incident-based crime data to the Department of Justice for submission to the Federal Bureau of Investigation.

SEC. 2.

 Section 13010 of the Penal Code is amended to read:

13010.
 It shall be the duty of the department:
(a) To collect data necessary for the work of the department from all persons and agencies mentioned in Section 13020 and from any other appropriate source.
(b) To prepare and distribute to all those persons and agencies cards, forms, or electronic means used in reporting data to the department. The cards, forms, or electronic means may, in addition to other items, include items of information needed by federal bureaus or departments engaged in the development of national and uniform criminal statistics.
(c) To recommend the form and content of records that must be kept by those persons and agencies in order to ensure the correct reporting of data to the department.
(d) To instruct those persons and agencies in the installation, maintenance, and use of those records and in the reporting of data therefrom to the department.
(e) To process, tabulate, analyze, and interpret the data collected from those persons and agencies.
(f) To supply, at their request, to federal bureaus or departments engaged in the collection of national criminal statistics data they need from this state.
(g) To make available to the public, through the department’s OpenJustice Web portal, information relating to criminal statistics, to be updated at least once per year, and to present at other times as the Attorney General may approve reports on special aspects of criminal statistics. A sufficient number of copies of a downloadable summary of this information shall be annually prepared to enable the Attorney General to send a copy to the Governor and to all public officials in the state dealing with criminals and to distribute them generally in channels where they will add to the public enlightenment. This subdivision shall not be construed to require more frequent reporting by local agencies than what is required by any other law.
(h) To periodically review the requirements of units of government using criminal justice statistics, and to make recommendations for changes it deems necessary in the design of criminal justice statistics systems, including new techniques of collection and processing made possible by automation.
(i) To complete the transition of all of California’s crime data from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System. System by January 1, 2025.

SEC. 3.

 Section 13020 of the Penal Code is amended to read:

13020.
 It shall be the duty of every city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney attorney, and city prosecutor having criminal jurisdiction, probation officer, county board of parole commissioners, work furlough administrator, the Department of Justice, Health and Welfare Agency, Department of Corrections, Department of Youth Authority, Youthful Offender Parole Board, Board of Prison Terms, State Department of Health, the California Health and Human Services Agency, Department of Corrections and Rehabilitation, Board of Juvenile Hearings, Board of Parole Hearings, Department of Benefit Payments, State Fire Marshal, Liquor Control Administrator, the Department of Alcoholic Beverage Control, constituent agencies of the State Department of Investment, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents, when requested by the Attorney General:
(a) To install and maintain records needed for the correct reporting of the required statistical data.
(b) (1) To report statistical data to the department at those times and in the manner that the Attorney General prescribes.
(2) The data described in this subdivision includes incident-based data necessary to transition California’s crime data from summary crime reporting to incident-based crime reporting, in alignment with the federal National Incident-Based Reporting System.
(c) To give to the Attorney General, or their accredited agent, access to statistical data for the purpose of carrying out this title.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.