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HomeMy WebLinkAbout2018-17 - Supporting the Reducing Crime and Keeping California Safe Act of 2018RESOLUTION NO. 2018-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING THE REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2018 WHEREAS, protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance; WHEREAS, in 2011, Governor Brown signed Assembly Bill 109 ("AB 109"), more commonly known as the 2011 Realignment Legislation addressing public safety, in order to comply with a federal court order to reduce the state's prison population; 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 sixty nine and a half percent (69.5%). Violent crime in Sacramento rose faster during the first six months of 2015 than in any of the twenty-five largest U.S. cities tracked by the Federal Bureau of Investigation ("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, including AB 109, Proposition 47 (passed by California voters in 2014) ("Prop 47") and Proposition 57 (passed by California voters in 2016) ("Prop 57"), help result in the early release of dangerous criminals by the laws' failure to define certain crimes as "violent." These changes allowed individuals convicted of human trafficking involving sex act with minors, rape of an unconscious person, assault with a deadly weapon, and 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 being allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision; WHEREAS, recent changes to California law, including Prop 47, allow individuals who steal repeatedly 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. According to the California Department of Justice, the value of property stolen in 2015 was $2.5 billion, being an increase of thirteen percent (13%) since 2014, which is the largest single year increase in at least ten years; Resolution No. 2018-17 Page 2 of 3 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 one hundred fifty percent (150%) increases in losses associated with shoplifting 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. 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 to support their drug problem to enter into existing drug treatment programs. This measure enacts such reforms; WHEREAS, collecting deoxyribonucleic acid ("DNA") from criminals is essential to solving violent crimes. 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. DNA collected in 2016 from an individual caught driving a stolen car solved the 2012 San Francisco Bay Area rape/murder of an 83 -year-old woman; WHEREAS, recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes; WHEREAS, permitting collection of more DNA samples will help identify suspects, clear the innocent and free the wrongly convicted; WHEREAS, the Reducing Crime and Keep California Safe Act of 2018 ("Act") reforms the law so felons who violate the terms of their release can be brought back to court and held accountable for such violations; WHEREAS, nothing in the Act 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: and WHEREAS, the Act restores DNA collection from persons convicted for certain offenses, for which recent changes to California law have eliminated DNA collection. The Act does not affect existing legal safeguards that protect the privacy of individuals by allowing for the removal of their DNA profile if they are not charged with a crime, are acquitted or are found innocent. Resolution No. 2018-17 Page 3 of 3 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 2018. 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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 27th day of March, 2018. Marshall " ffy" Duffield Mayor ATTEST: CITY ATTORNEY'S OFFICE 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. 2018-17 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 27th day of March, 2018; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Herdman, Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of March, 2018. 0iVyk Leilani I. Brown City Clerk Newport Beach, California