Bill Text: CA AB2195 | 2015-2016 | Regular Session | Amended
Bill Title: Crimes: felony murder: data.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2195 Detail]
Download: California-2015-AB2195-Amended.html
BILL NUMBER: AB 2195 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2016
AMENDED IN ASSEMBLY APRIL 28, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 18, 2016
An act to add Section 13015 to the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2195, as amended, Bonilla. Crimes: felony murder: data.
Existing law requires the Department of Justice to collect certain
criminal justice data from specified persons and agencies and to
present an annual report to the Governor containing the criminal
statistics of the preceding calendar year, as specified. Existing law
requires the department to maintain a specified data set, updated
annually, that is made available through a prominently displayed
hypertext link on the department's Internet Web site. Existing law
also requires the department to annually publish a report containing
specified demographic information on victims of, and persons who are
charged with, homicide.
Existing law establishes the Department of Corrections and
Rehabilitation to oversee the state prison system.
Existing law specifies which species of murder are murder of the
first degree, including all murder that is committed in the
perpetration of, or attempt to perpetrate, certain crimes, including,
among others, burglary, arson, rape, robbery, and kidnapping.
Existing law provides that all other kinds of murders are of the
second degree.
This bill would, notwithstanding any other law, on or before
January 1, 2018, require the Department of Justice, in consultation
with the Department of Corrections and Rehabilitation, to collect
data on the number of persons currently convicted of, and sentenced
for, first and second degree felony murder pursuant to the provisions
described above. The bill would also require the Department of
Justice to disaggregate the data by county and by race and gender
within each county. The bill would require the Department of Justice
to update the data annually and would require the department to post
the data in a prominent place on the department's Internet Web site.
This bill would require the district attorney of each county to
collect data on the number of persons charged with and convicted of
felony murder, disaggregated by race and gender, and, beginning July
1, 2017, to report that data to the Department of Justice. The bill
would require the Department of Justice, beginning July 1, 2018, to
include the most recent data collected and reported pursuant to that
provision in the report described above relating to homicide data. By
imposing new duties on district attorneys, 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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13015 is added to the
Penal Code , to read:
13015. (a) The district attorney of each county shall collect
data on the number of persons charged with and convicted of felony
murder pursuant to Chapter 1 (commencing with Section 187) of Title 8
of Part 1, disaggregated by race and gender, and shall annually
report that data to the Department of Justice beginning July 1, 2017.
(b) Beginning July 1, 2018, the Department of Justice shall
include the most recent data collected and reported pursuant to
subdivision (a), disaggregated by county, race, and gender, in the
report published pursuant to Section 13014.
SEC. 2. 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.
SECTION 1. Section 13015 is added to the Penal
Code, to read:
13015. (a) Notwithstanding any other law, on or before January 1,
2018, the Department of Justice, in consultation with the Department
of Corrections and Rehabilitation, shall collect data on both of the
following:
(1) The number of persons currently convicted of, and sentenced
for, first degree felony murder pursuant to Chapter 1 (commencing
with Section 187) of Title 8 of Part 1.
(2) The number of persons currently convicted of, and sentenced
for, second degree felony murder pursuant to Chapter 1 (commencing
with Section 187) of Title 8 of Part 1.
(b) The Department of Justice shall also disaggregate the data
required by subdivision (a) by county and by race and gender within
each county.
(c) The Department of Justice shall update the data required by
this section annually.
(d) The Department of Justice shall post the data required by this
section in a prominent place on the department's Internet Web site.
