HomeMy WebLinkAbout2020-81 - Supporting Proposition 20, the "Reducing Crime and Keeping California Safe Act”RESOLUTION NO. 2020-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SUPPORTING
PROPOSITION 20, THE "REDUCING CRIME AND
KEEPING CALIFORNIA SAFE ACT"
WHEREAS, protecting every person in our state, including our most vulnerable
children, from violent crime is of the utmost importance;
WHEREAS, recent changes to parole laws allow the early release of dangerous
criminals by failing to define certain crimes as violent crimes;
WHEREAS, such changes allow individuals convicted of crimes such sex
trafficking, rape, felony assault with a deadly weapon, battery on a police officer or
firefighter, and felony domestic violence to be considered "nonviolent offenders;"
WHEREAS, such offenders are eligible for early release from prison after serving
only a fraction of the sentence ordered by a judge;
WHEREAS, such offenders may remain free despite committing additional crimes
or violating the terms of their post release community supervision, such as the gang
member charged with the murder of Whittier Police Officer, Keith Boyer;
WHEREAS, a total of 33 of the state's 58 counties saw increases in their violent
crime rates in 2017;
WHEREAS, California Proposition 20, Criminal Sentencing, Parole, and DNA
Collection Initiative (2020), titled the Reducing Crime and Keeping California Safe Act of
2018 (the "ACT"), reforms California law so that felons who violate the terms of their
release can be brought back to court and held accountable for such violations;
WHEREAS, the ACT is not intended to create additional "strike" offenses which
could increase state prison populations, nor is the ACT 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 commit theft
crimes to face fewer consequences, regardless of existing criminal records, and
regardless of how many times they are convicted of theft crimes;
Resolution No. 2020-81
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WHEREAS, grocery store operators have seen unprecedented increases in the
amount of losses associated with shoplifting, with some reporting up to 150% increase in
losses;
WHEREAS, shoplifting incidents have escalated in a manner that has endangered
innocent customers and employees;
WHEREAS, since 2014, the total value of stolen property has increased every
year;
WHEREAS, in 2018, the total value of stolen property in California was 32% higher
than the total in 2014;
WHEREAS, recent changes to California law have reduced the remedies available
to the judicial system to address repeat offenders of theft crimes;
WHEREAS, the ACT will strengthen California laws against theft crime recidivism;
WHEREAS, collecting DNA is an essential tool of law enforcement to solve violent
crimes;
WHEREAS, peer-reviewed studies have shown that DNA collection makes violent
offenders statistically less likely to reoffend;
WHEREAS, the collection of DNA samples will help law enforcement identify
suspects, eliminate investigation and prosecution of the innocent, and free the wrongly
convicted;
WHEREAS, recently enacted restrictions on DNA collection have significantly
reduced law enforcement efforts to solve cold cases for violent crimes such as murder,
rape, and robbery;
WHEREAS, DNA collected in 2015 from a convicted sex offender was instrumental
in helping law enforcement solve the investigation of the rape and murder of two children
that occurred three decades ago in Los Angeles County;
WHEREAS, DNA collected in 2016 from an individual caught driving a stolen car
was instrumental in helping law enforcement solve the investigation of the 2012 San
Francisco Bay Area rape and murder of an elderly woman;
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WHEREAS, recent changes to California law unintentionally eliminated DNA
collection for theft and drug crimes;
WHEREAS, the ACT restores DNA collection from persons convicted for such
offenses; and
WHEREAS, the ACT does not affect existing legal safeguards that protect the
privacy of individuals because the ACT allows for the removal of a DNA profile if a person
is not charged with a crime, is acquitted, or is found innocent.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby support California Proposition 20,
Criminal Sentencing, Parole, and DNA Collection Initiative (2020), titled 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.
Resolution No. 2020-81
Page 4 of 4
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.
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 22nd day of September, 2020.
-EW P67
ATTEST: 0�
Leilani I. Brown
City Clerk oRN
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
aron C. Harp
City Attorney
�r
MayorWill O'Neill
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. 2020-81, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 22nd day of September, 2020; and the same was so passed and
adopted by the following vote, to wit.-
AYES:
it:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 23rd day of September, 2020.
Leilani I. Brown
City Clerk
Newport Beach, California