The URL can be used to link to this page

Home My WebLink About2019-94 - Supporting the Reducing Crime and Keeping California Safe Act Of 2020RESOLUTION NO. 2019-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2020 WHEREAS, protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance, and murderers, rapists, child molesters and other violent criminals should not be released early from prison; WHEREAS, since 2014 California has had a larger increase in violent crime than the rest of the United States, since 2013 violent crime in Los Angeles has increased 69.5 percent, and violent crime in Sacramento rose faster during the first six months of 2015 than in any of the 25 largest United States cities tracked by the FBI; WHEREAS, the FBI Preliminary Semiannual Uniform Crime Report for 2017, which tracks crimes committed during the first six months of the past year in U. S. cities with populations over 100,000, indicates that last year violent crime increased again in most of California's largest cities; WHEREAS, recent changes to parole laws allowed the early release of dangerous criminals by the law's failure to define certain crimes as "violent," and allowed individuals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, battery on a police officer or firefighter, and felony domestic violence to be considered "non-violent" offenders; WHEREAS, as a result, these so-called "non-violent" offenders are eligible for early release from prison after serving only a fraction of the sentence ordered by a judge; WHEREAS, violent offenders are also allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision, like the gang member charged with the murder of Whittier Police Officer, Keith Boyer; WHEREAS, this measure reforms the law so felons who violate the terms of their release can be brought back to court and held accountable for such violations; Resolution No. 2019-94 Page 2 of 4 WHEREAS, nothing in the Reducing Crime and Keeping California Safe Act of 2020 is intended to create additional "strike" offenses which would increase the state prison population, nor is it intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits; WHEREAS, recent changes to California law allow individuals who repeatedly steal to face few consequences, regardless of their criminal record or how many times they steal; WHEREAS, as a result, between 2014 and 2016, California had the second highest increase in theft and property crimes in the United States, while most states have seen a steady decline, and according to the California Department of Justice, the value of property stolen in 2015 was $2.5 billion, an increase of 13 percent since 2014, and the largest single -year increase in at least ten years; WHEREAS, grocery store operators around the state have seen unprecedented increases in the amount of losses associated with shoplifting in their stores, with some reporting up to 150 percent increases in losses from 2012 to present, with the largest jumps occurring since 2014; WHEREAS, shoplifting incidents have started to escalate in such a manner that have endangered innocent customers and employees; WHEREAS, individuals who repeatedly steal often do so to support their drug habit, and recent changes to California law have reduced judges' ability to order individuals convicted of repeated theft crimes into effective drug treatment programs; WHEREAS, California needs stronger laws for those who are repeatedly convicted of theft related crimes, which will encourage those who repeatedly steal for the purpose of supporting their drug problem to enter into existing drug treatment programs, and this measure enacts such reforms; WHEREAS, collecting DNA from criminals is essential to solving violent crimes, and over 450 violent crimes including murder, rape and robbery have gone unsolved because DNA is being collected from fewer criminals; WHEREAS, DNA collected in 2015 from a convicted child molester solved the rape -murders of two six-year-old boys that occurred three decades ago in Los Angeles County, and DNA collected in 2016 from an individual caught driving a stolen car solved the 2012 San Francisco Bay Area rape and murder of an 83 -year-old woman; WHEREAS, recent changes collection for theft and drug crimes, persons convicted for such offenses; Resolution No. 2019-94 Page 3 of 4 to California law unintentionally eliminated DNA and this measure restores DNA collection from WHEREAS, permitting collection of more DNA samples will help identify suspects, clear the innocent, and free the wrongly convicted; and WHEREAS, this measure does not affect existing legal safeguards that protect the privacy of individuals because it allows for the removal of their DNA profile if they are not charged with a crime, are acquitted, or are found innocent. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby support the Reducing Crime and Keeping California Safe Act of 2020. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2019-94 Page 4 of 4 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 5th day of November, 2019. ATTEST: w \VWWV=-�K1fz I V' Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aar6n C. Harp City Attorney Diane B. Dixon Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2019-94, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 51h day of November, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman NAYS: None ABSENT: Council Member Kevin Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 61h day of November, 2019. 4oapAtwh Leilani I. Brown City Clerk Newport Beach, California