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SB-764 Domestic terrorism.(2021-2022)



Current Version: 04/15/21 - Amended Senate         Compare Versions information image


SB764:v98#DOCUMENT

Amended  IN  Senate  April 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 764


Introduced by Senators Umberg, Stern, and Min

February 19, 2021


An act to add Article 2.6 (commencing with Section 11090) to Chapter 1 of Title 1 of Part 4 of of, and to add and repeal Section 11091 of, the Penal Code, relating to domestic terrorism.


LEGISLATIVE COUNSEL'S DIGEST


SB 764, as amended, Umberg. Domestic terrorism.
Existing law establishes the Department of Justice, which is responsible, in part, for overseeing state summary criminal history information and overseeing statewide criminal justice programs like the California Criminalistics Institute.
This bill would require the department to establish a statewide domestic terrorism task force, as specified, to promote information sharing and to ensure an effective, responsive, and organized joint effort to combat domestic terrorism, as defined. The bill would also require the Attorney General to review any hate crimes and domestic terrorism training programs and resource programs that are provided to state, local, and Tribal tribal law enforcement agencies and ensure that those training and resource programs assist in understanding, detecting, deterring, and investigating hate crimes and acts of domestic terrorism. The bill would require an individual who provides hate crimes and domestic terrorism training to have expertise in domestic terrorism and relevant academic, law enforcement, or other experience in matters related to domestic terrorism. The bill would additionally require the Attorney General to review funding for antiterrorism from the 10 years prior to 2021, and report to the Legislature on or before January 1, 2023, with an analysis of whether California has an appropriately funded approach that focuses resources on the most pressing sources of terrorism.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 2.6 (commencing with Section 11090) is added to Chapter 1 of Title 1 of Part 4 of the Penal Code, to read:
Article  2.6. Domestic Terrorism
11090.

The following definitions apply to this article:

(a)“Department” means the Department of Justice.

(b)“Domestic terrorism” means activities that meet all of the following requirements:

(1)Involve acts dangerous to human life that are a violation of the criminal law of the state or the United States.

(2)Appear to be intended to do one or more of the following:

(A)Intimidate or coerce a civilian population.

(B)Influence the policy of the government by intimidation or coercion.

(C)Affect the conduct of a government by mass destruction, assassination, or kidnapping.

(3)Occur primarily within the territorial jurisdiction of the United States.

11091.

(a)The department, in coordination with local law enforcement and prosecuting agencies throughout the state, shall convene a statewide domestic terrorism task force. The task force shall be composed of members appointed by the Attorney General as follows:

(1)The Attorney General or Chief Deputy Attorney General, if designated by the Attorney General.

(2)County prosecutors who specialize in domestic terrorism.

(3)Law enforcement or civilian personnel from criminal intelligence entities that monitor and investigate domestic terrorism incidents.

(b)The task force shall meet no less than four times each year to promote information sharing and to ensure an effective, responsive, and organized joint effort to combat domestic terrorism.

(c)The task force shall conduct an annual, intelligence-based assessment of domestic terrorism and formulate and execute a plan to address and combat domestic terrorism activities in the state.

(d)Membership on the task force shall be uncompensated, except that members may be reimbursed for all necessary costs of travel and other official duties.

11092.11090.
 (a) The Attorney General shall review any hate crimes and domestic terrorism training programs and resource programs that are provided to state, local, and Tribal tribal law enforcement agencies and ensure that those training and resource programs assist in understanding, detecting, deterring, and investigating hate crimes and acts of domestic terrorism.
(b) An individual who provides hate crimes and domestic terrorism training shall have expertise in domestic terrorism and relevant academic, law enforcement, or other experience in matters related to domestic terrorism.
(c) Domestic terrorism training shall focus on the most significant domestic terrorism threats.

11091.
 (a) The Attorney General shall review funding for antiterrorism from the 10 years prior to 2021, and shall report to the Legislature on or before January 1, 2023, with an analysis of whether California has an appropriately funded approach that focuses resources on the most pressing sources of terrorism.
(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2026.