Bill Text: CA AB1331 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal justice data.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 581, Statutes of 2019. [AB1331 Detail]

Download: California-2019-AB1331-Amended.html

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Amended  IN  Senate  August 30, 2019

Amended  IN  Senate  July 11, 2019

Amended  IN  Senate  June 20, 2019

Amended  IN  Assembly  May 16, 2019

Amended  IN  Assembly  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1331

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Introduced by Assembly Member Bonta

February 22, 2019

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An act to amend Section 13202 of, and to amend, repeal, and add Section 13150 of, Sections 13150, 13151, and 13202 of the Penal Code, relating to criminal justice data.

LEGISLATIVE COUNSEL'S DIGEST

AB 1331, as amended, Bonta. Criminal justice data.

Existing law requires criminal justice agencies to compile records and data, including a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release, about criminal offenders. Existing law requires agencies to report this information to the Department of Justice for each arrest made, and requires the superior court that disposes of a case for which that information was reported to ensure that a disposition report of that case is reported to the department.

This bill, beginning January 1, 2021, would require various entities, including local and state law enforcement agencies and courts, to report specified information to the Department of Justice. By increasing duties on local criminal justice agencies, this bill would create a state-mandated local program.

This bill would require the information reported to include additional information related to identifying the arrestee. By increasing duties on local criminal justice agencies, the bill would create a state-mandated local program.

Existing law authorizes each public agency and bona fide research body immediately concerned with the prevention or control of crime, the quality of criminal justice, or the custody or correction of offenders to be provided with criminal offender record information required for the performance of its duties, provided that any material identifying individuals is not transferred, revealed, or used for other than research or statistical activities, that reports or publications derived from that information do not identify specific individuals, and that the agency or body pays the cost of the processing of the data as determined by the Attorney General.

This bill would require that criminal offender record information to include criminal court records, and would prohibit a person from being denied access to that information solely on the basis of that person’s criminal record, unless that person has been convicted of a felony or any other offense that involves moral turpitude, dishonesty, or fraud.

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.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 13150 of the Penal Code is amended to read:

13150.

 (a)For each arrest made, the reporting agency shall report to the Department of Justice, concerning each arrest, the applicable identification and arrest data described in Section 13125 and fingerprints, including the CII number and incident report number, except as otherwise provided by law or as prescribed by the Department of Justice.

(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 2.Section 13150 is added to the Penal Code, to read:

13150.

(a)For each arrest made, the reporting agency shall report electronically, on a weekly basis, to the Department of Justice, concerning each arrest, the arrested person’s fingerprints, and the following information:

(1)The following information about the person:

(A)Name, aliases, and monikers.

(B)Race.

(C)Sex.

(D)Date of birth.

(E)Place of birth, by either state or country.

(F)Height.

(G)Weight.

(H)Hair color.

(I)Eye color.

(J)CII number.

(K)FBI number.

(L)Social security number.

(M)California operator’s license number.

(N)Fingerprint classification number, in both the Henry and NCIC systems.

(O)Address.

(P)Arresting agency.

(Q)Booking number.

(R)Date of arrest.

(S)Offenses charged, in the form of both statutes violated and descriptions of the offense.

(T)Police disposition, whether they were released, cited and released, turned over to another entity, or a complaint was filed.

(2)For each felony or misdemeanor arrest, the incident report number.

(3)For each misdemeanor or infraction citation, the citation number.

(4)The date each charge was referred to a prosecutor, if applicable.

(b)The superior court shall report electronically, on a weekly basis, to the department, the following information:

(1)For each person in a case arising from an arrest reported pursuant to subdivision (a) or for whom fingerprints were taken and submitted to the Department of Justice by order of the court:

(A)Name, aliases, and monikers.

(B)Race.

(C)Sex.

(D)Date of birth.

(E)CII number.

(F)Date the complaint against the person was filed.

(G)Original offenses charged in a complaint or citation against the person.

(H)Whether the person was held to answer the complaint.

(I)What the certified plea of the person was.

(J)The disposition of the case against the person, whether the person was not convicted, the case was dismissed, the person was acquitted by a court trial, the person was acquitted by a jury trial, the person was convicted by a court trial, the person was acquitted by a jury trial, or the person pled.

(K)The date of the disposition of the case against the person.

(L)The offenses for which the person was convicted.

(M)The sentence of the person.

(N)Any sentence enhancements the person received.

(O)If the proceedings against the person were suspended and, if so, for what reason.

(2)For each case filing:

(A)The docket number.

(B)Whether the defense attorney was a public defender, court-appointed counsel, or contract attorney.

(C)A disposition of deferred entry of judgment, if applicable, and the date of the disposition.

(3)For each sentence:

(A)The date of sentencing.

(B)The sentence type, length, and condition.

(C)Any time credit for time served, and the length of that credit.

(c)This section shall become operative on January 1, 2021.

SEC. 2.

 Section 13151 of the Penal Code is amended to read:

13151.

 The superior court that disposes of a case for which an arrest was required to be reported to the Department of Justice pursuant to Section 13150 or for which fingerprints were taken and submitted to the Department of Justice by order of the court shall assure that a disposition report of such case containing the applicable data elements enumerated in Section 13125, including the CII number and the court docket number, or Section 13151.1 if such disposition is one of dismissal, is furnished to the Department of Justice within 30 days according to the procedures and on a format prescribed by the department. The court shall also furnish a copy of such disposition report to the law enforcement agency having primary jurisdiction to investigate the offense alleged in the complaint or accusation. Whenever a court shall order any action subsequent to the initial disposition of a case, the court shall similarly report such proceedings to the department.

SEC. 3.

 Section 13202 of the Penal Code is amended to read:

13202.

 Notwithstanding subdivision (g) of Section 11105 and subdivision (a) of Section 13305, every public agency or bona fide research body immediately concerned with the prevention or control of crime, the quality of criminal justice, or the custody or correction of offenders may be provided with such criminal offender record information information, including criminal court records, as is required for the performance of its duties, provided that any material identifying individuals is not transferred, revealed, or used for other than research or statistical activities and reports or publications derived therefrom do not identify specific individuals, and provided that such agency or body pays the cost of the processing of such data as determined by the Attorney General. A person shall not be denied information pursuant to this section solely on the basis of that person’s criminal record, unless they have been convicted of a felony or any other offense that involves moral turpitude, dishonesty, or fraud.

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.