HomeMy WebLinkAbout19. Receive & File Senate Bill 1437 & City ActionsF
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL.,V�-Iy
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FROM: OFFICE OF THE CITY MANAGER
BY: VANIAH DE ROJAS, ASSISTANT TO THE CITY MANAGER
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That the City Council receive and file this administrative report.
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Over the last eight years California has seen a significant shift regarding criminal justice
reform. Changes began in 2011 after the U.S. Supreme Court mandated California to
reduce its overcrowding prison system. This lead to the passage of AB 109 and was
followed by various bills and measures approved by the legislature and voters that aimed to
behavior. These legislations, including Proposition 47 and 57, have negatively impacted
communities, businesses and Police Departments throughout the State.
In 2018, nine new criminal justice reform bills were signed into law, including Senate Bill
Accomplice Liability for Felony Murder. S13 1437 scales back a prosecutors'
.,bility to use the "felony murder rule" to charge accomplices to a homicide and allows
2ccomplices to murder and, by law, were found guilty of murder to petition the court for
resentencing. Due to the passage of S13 1437, one of the accomplices involved in Officer
Ricky Galvez's fatal shooting will have a substantial reduced sentencing; four to five years,
znd possibly less with good behavior.
The City of Downey has been proactive in opposing criminal justice reform legislation that
affects the safety of its community and the Downey Police Department's ability to ensure
safety.
Some of the City's actions include proactive monitoring of legislation and submitting
opposition letters to its State representatives and the California Legislature. Letters have
also been sent requesting amendments or reversal of signed bills, and demonstrating
support of legislation seeking to amend the unintended consequences of criminal justice
reform legislation. An example of such support was Assembly Bill (AB) 1408 that was
developed in response to the Whittier Police Officer shooting in 2017. Unfortunately, this bill
and others similar to it were vetoed by the Governor.
SB 1437 AND CITY ACTIONS
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The City also works closely with its State Lobbyist and the League of California Cities. The
City has shown support of the League's efforts to curb sweeping criminal justice reform
legislation by supporting its Resolution — "Strategies to Improve Negative Impacts of
Criminal Law," which was presented at its annual League conference. Further, the City also
became a member of the "Taking Back Our Community" coalition, a group dedicated to
educating the public on the harmful effects of AB 109, and Propositions 47 and 57, and how
they can assist by contacting their State representatives. The City has a webpage dedicated
to the Coalition on its website, distributes informational pamphlets, and regularly posts
information in its quarterly recreation guide. Lastly, the City also supported the "Reducing
Crime and Keeping California Safe Act of 2018" ballot measure, which included similar
language as AB 1408. Unfortunately, this measure did not make it to the November 2018
ballot.
City actions specific to SB 1437 include regular discussions with the City's State
representatives, Senator Bob Archuleta and Assembly member Cristina Garcia, working
with its State Lobbyist and the League of California Cities, coordinating with California
Chief of Police Association to seek possible reversal or amendments of the bill, requesting a
meeting with Senator Nancy Skinner who authorized the SB 1437 to share the negative
effects the bill has on Officer Galvez's murder case, and developing a Resolution in support
of the "Reducing Crime and Keeping California Safe Act Of 2020" ballot initiative.
As previously discussed, the current political climate in the State Legislature has shown little
appetite for amending criminal justice reform legislation. Though the City is facing an uphill
battle regarding SB 1437, it is committed to voicing its concerns and performing its due
diligence in addressing the issues with the legislation.
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Quality of Life, Infrastructure & Parks
There is no fiscal impact.