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Police have been killing people of color for centuries. Recently, California's capital was enraged by the police killing of 22-year-old Stephon Clark, a young black man, in his grandmother's backyard in Sacramento. Police claimed they saw a gun, but they found only a cell phone in his hand.
Police violence is rampant in the US compared to other developed nations. According to the Guardian:
"In the first 24 days of 2015, police in the US fatally shot more people than police did in England and Wales, combined, over the past 24 years. Police in the US have shot and killed more people - in every week (of 2015) - than are reportedly shot and killed by German police in an entire year. Police in the US fatally shot more people in one month… than police in Australia officially reported during a span of 19 years."
In 2017, officers shot and killed 162 people in California, and half of those shooting victims were unarmed. Between 2006 and 2015, only 30% of police shooting victims were white. Adjusting for population, blacks are killed by police officers at a rate five times, and Latinos three times, that of whites.
Public information about these killings is not transparent—California's existing confidentiality rules about police conduct are some of the most secretive in the country. Under existing law, the public does not have access to substantiated reports of officer misconduct. These restrictions erode public trust, and allow officers with a history of serious misconduct to continue in their careers unabated. Furthermore, the rules of deadly use of force are lax and police departments are able to procure heavy duty military weaponry with ease, contributing to a hostile and militaristic culture in police departments.
Three pieces of legislation seek to address these problems:
- AB 931 (Weber, McCarty), the Police Accountability and Community Protection Act, would tighten the law governing the deadly use of force by police. Under current California law, police are allowed to use deadly force if it is "objectively reasonable." This bill "will change the standard under which deadly force is used to authorizing it only when necessary to prevent imminent death or bodily injury and when, given the totality of the situation and if there are no reasonable alternatives, like verbal warnings, verbal persuasion, or other non-lethal methods of resolution or de-escalation." —Los Angeles Sentinel, April 5, 2018.
- SB 1421 (Skinner) would require law enforcement agencies to give the public access to records related to:
- Discharge of a firearm, or use force that results in death or serious bodily injury.
- Proven on-the-job sexual assault, including coercion or exchanging sex for lenience, or
- Proven dishonesty in reporting, investigating, or prosecuting a crime.
- AB 3131 (Gloria, Chiu) is a bill that we are co-sponsoring that provides for public transparency and local government approval before police can acquire military weaponry. Since 1997, police and sheriff departments in nearly every California county have received more than 11,000 pieces of equipment from the Pentagon, including mine-resistant wheeled tanks, more than 6,000 military rifles, and other gear designed for warfighting. In cities and towns across the state, communities of color are most heavily impacted. In addition, local legislators and the public are in the dark about these acquisitions and how they are being used. Police officials typically decide unilaterally to obtain this Pentagon equipment, as well as military equipment from other sources. Read more about the bill in our one-page fact sheet.
What you can do:
AB 3131
The police demilitarization bill that we are co-sponsoring (AB 3131) is coming up for a vote in a very difficult and moderate committee: Assembly Local Government on April 18th.
If you live in the district of a Local Government committee member, call them in support of AB 3131 by conveying messaging about how this bill gives local governments more control. Committee members are Assemblymembers Cecilia M. Aguiar-Curry (Chair), Marie Waldron (Vice Chair), Richard Bloom, Anna Caballero, Ken Cooley, Tim Grayson, Tom Lackey, and Randy Voepel.
Call script:
Hi, my name is <YOUR NAME> and I am from <YOUR TOWN>. I am calling to ask Assemblymember <ASM NAME> to support AB 3131 when it comes to the Local Government Committee. AB 3131 gives control back to local communities and allows for public input whenever law enforcement wants to acquire military equipment. It is a simple and common sense measure to ensure that our local city council has a say in what comes into our communities.
SB 1421
The police misconduct right-to-know bill (SB 1421) is likely coming up for a vote in the Senate Public Safety Committee on April 17th.
If you live in the district of a Public Safety committee member, call them in support of SB 1421 by letting them know that the public has a right to know when their law enforcement officers put the public in danger. Committee members are Senators Nancy Skinner (Chair), Joel Anderson (Vice Chair), Hannah-Beth Jackson, Jeff Stone, and Scott Wiener.
Call script:
Hi, my name is <YOUR NAME> and I am from <YOUR TOWN>. I am calling to ask Senator <SENATOR NAME> to support SB 1421 when it comes to the Public Safety Committee. SB 1421 allows the public to know when police officers are investigated in misconduct. Currently, the public is completely in the dark and this secrecy fosters distrust between the public and the police who are mandated to serve and protect.
To find your state representatives, visit the Indivisible CA: StateStrong website.
Victory for Voting Rights
Voter registration and turnout in the US is embarrassingly low among developed nations, and California ranks 38th out of 50 states in the number of people who are eligible, but not registered, to vote. That number totals about 6.6 million people, with youth aged 18 to 24 registering at a lower rate than any other age group. In 2014, only 8% of the eligible youth demographic voted in California's general election; only about half were even registered to vote, more than 20 points below other age groups. That percentage went up in the highly contentious 2016 general election, but we still have a ways to go to adequately engage citizens in the democratic process. In response to this, California has passed new laws designed to increase voter participation.
- A law passed in 2016 allows eligible 16- and 17-year-olds to preregister to vote in California by filling out the online pre-registration form at the California Secretary of State's website. Since the law passed, more than 100,000 teens have signed up to be able to vote when they turn 18.
- Beginning April 16, 2018, California's Motor Voter law takes effect. Qualified citizens aged 18 and older will automatically be registered to vote (unless they opt out) when they apply for a state ID card or driver's license at the DMV, and 16- and 17-year-olds who apply for an ID or license will be automatically pre-registered to vote when they turn 18. The law will register approximately 200,000 new voters annually and will be the largest expansion of youth voter access in American history. This law had previously been reported by the press to take effect January 1, 2019, but the California Secretary of State, DMV, and Governor's office changed that to include it in the April 16, 2018 Motor Voter start date along with legal adults.
What you can do:
If you are or know a teen who is eligible to register and isn't getting an ID card or driver's license, or an adult who needs to register to vote, go to the Secretary of State's California Online Voter Registration page to pre-register or register.
Visit the California Secretary of State's page on High School and Youth Initiatives about this and other programs to educate and involve teens in the democratic process.
Rape Kit Testing
The Berkeley police department (BPD) recently came under scrutiny for waiting too long to test rape kits in a disturbing case. An alleged serial rapist and alleged perpetrator of a 2015 rape and murder was tied to a previously untested 2008 rape kit in the BPD's possession. That rape kit, which might have put him behind bars, had languished, untested, in Berkeley's control for seven years!
A 2017 law, AB 41 (Chiu), requires law enforcement agencies to report the numbers of rape kits collected and tested each year but didn't provide for testing the backlog, which is thought to be about 13,500. The information that the kits contain could provide the key to many unresolved crimes, mostly against women.
Last year, the Rape Kit Backlog Voluntary Tax Contribution Fund was signed into law to facilitate DNA testing of rape kits. Under this law, grants to local agencies are funded entirely by a voluntary contribution on individual state income tax returns.
This year, two bills intend to extend last year's legislation:
- AB 3118 (Chiu) requires a statewide audit of untested kits.
- SB 1449 (Leyva) requires, and provides funds for, the testing of untested rape kits.
AB 3118 unanimously passed the Assembly Public Safety Committee on April 10, and will be scheduled to go before the Assembly Appropriations Committee in the coming weeks. SB 1449 passed the Senate Public Safety Committee on April 3 and is scheduled to go before the Senate Appropriations Committee on April 16.
What you can do:
The Rape Kit Backlog Voluntary Tax Contribution Fund is on page 4, line 440 of the 2017 California Resident Income Tax Return (Form 540). However, there's a catch! If total donations don't reach $250,000 in any year starting in 2018, the program will be canceled. Contributions to the Fund are deductible on state income tax returns in the year they are made and may be eligible as a charitable contribution deduction.
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Indivisibly yours,
The Indivisible CA: StateStrong Team
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