Crime
State Bill Reining in Rogue Police Officers Passes; Zero-Bail Bill Paused After Tragic Murder
Senate Bill (SB) 262, a bail reform bill that would have established $0 bail for some offenders, was stopped in its tracks following a grisly murder in Northern California but Senate Bill (SB) 2 and Assembly Bill (AB) 333 have both passed significant milestones on their paths to becoming law.
Over the last two weeks, it has been a mixed bag of wins and losses for bills concerned with the rights of people interacting with the criminal justice system.
A bill concerned with criminal justice reform is SB 2. The state Senate approved it on September 8 with a 28-9 vote.
It calls for barring police officers who have been fired for misconduct or charged with one of a set of specific crimes from being hired in another jurisdiction in California.
Sen. Steven Bradford (D-Gardena), one of the authors of SB 2, celebrated the bill’s passing on the Senate floor.
“This is a major victory for advocates of public safety,” Bradford said. “California, and the nation as a whole, have experienced tragedy after tragedy where consequences for egregious abuses of power went unpunished and cries for accountability went unanswered — eroding public trust in law enforcement.”
“This bill is the first of its kind in California and we finally join the 46 other states with processes for the decertification of bad officers,” continued Bradford. “SB 2 establishes a fair and balanced way to hold officers who break the public trust accountable for their actions and not simply move to a new department. This could not have been achieved without the support of many legislators, community organizations, families, and entertainers who advocated non-stop for accountability in our policing system.”
Bradford went on to explain other benefits of SB 2 as he sees it.
“The bill will create a strong and effective method for California to remove bad officers in a fair and reasonable manner. Police have one of the most difficult jobs on the planet. A decertification system puts California back on track to restoring communities’ faith in men and women of uniform who do their job well,” Bradford continued.
Senate Bill (SB) 262, a bail reform bill that would have established $0 bail for some offenders, was stopped in its tracks following a grisly murder in Northern California but Senate Bill (SB) 2 and Assembly Bill (AB) 333 have both passed significant milestones on their paths to becoming law.
In Sacramento, Troy Davis, 51, a repeat offender released on zero bail, allegedly raped and murdered a woman before setting her house on fire, killing her dogs as well.
Yolo County District Attorney Jeff Reiseg expressed his outrage over the murder and blasted the leniency supported in bills like SB 262 that he believes is partially to blame for crimes like that.
“This horrific crime could have been avoided. He should have never been released on zero bail. Bail reform is appropriate as long as judges always have discretion to hold violent criminals in custody. When ‘reforms’ go too far, this is the nightmare. God rest her soul.” Reiseg wrote on Facebook.
Assemblymember Jim Cooper (D-Sacramento), who is a member of the California Legislative Black Caucus, also expressed his outrage.
“This is not an isolated incident,” he tweeted. “Violent felons are released daily, terrorizing our communities because of CA’s soft on crime laws. I will continue to fight this madness and all other bills that prioritize protecting criminals instead of victims.”
The zero-bail measure was implemented by California’s Judicial Council in April last year as an emergency rule, but voters overturned it as Proposition 25, a statewide ballot initiative, in last November’s general election.
SB 262 has been amended to give judges discretion based on risk assessment, similar to SB 10 in 2018, but it is still facing backlash.
Senate Majority Leader Bob Hertzberg (D-Van Nuys), author of SB 10 and SB 262, told the Associated Press that his colleagues reached out to him to express concern after the murder in Sacramento.
Hertzberg took to Twitter to address the heinous crime.
“I’m heartbroken and angered by the heinous murder of a Sacramento woman this past weekend. The parolee who did this should have never been released back to the community,” Hertzberg tweeted.
Hertzberg went on to suggest that SB 262 might have helped avoid this crime.
“The Safe and Resilient Communities Act could have prevented this crime from happening in the first place. #SB262 requires the Judicial Council to establish statewide standards for bail amounts, meaning counties will no longer be able to operate zero bail policies,” he wrote.
Hertzberg announced that he will be postponing SB 262 and hopes it will be taken up by the state Legislature next year.
“Earlier this year, the State Supreme Court ruled that California’s cash bail system is unconstitutional. SB 262 simply provided a framework for the state to implement this ruling. Don’t get me wrong: we’re not done with bail – not even close,” he tweeted.
Another criminal justice reform bill that made headlines last week was AB 333, authored by California State Senator Sydney Kamlager (D-Los Angeles).
AB 333 would reduce “the list of crimes that allow gang enhancements to be charged, prohibiting the use of the current charge as proof of a ‘pattern’ of criminal gang activity, and separating gang allegations from underlying charges at trial,” according to a press release from Kamlager’s office.
Gang enhancements are additional prison sentences prescribed to individuals who are alleged to be associated with a criminal street gang.
As of August 2019, about 92% of adults in California with gang enhancement charges in state prisons are either Black or Latino, according to California Department of Corrections and Rehabilitation (CDCR) data.
Kamlager asserted that her bill is a law-and-order bill.
“At the heart of AB 333 is due process,” Kamlager said, “AB 333 just asks for the charges to be proven when they’re levied against someone. Right now, our system allows a shaved head, tattoos, or even the color of your grandma’s house as reason to be charged with a gang enhancement. That’s antithetical to how our judicial process should operate, and I am glad we are one step closer to a fix.”
AB 333 passed in the state Senate with a vote of 25-10 and on September 8 the Assembly approved it as well with a 41-30 vote.
Criminal justice reform is a complicated and nuanced undertaking that crisscrosses well established fault lines concerning public safety, criminal justice, racial equity, human dignity, and personal freedom. These bills are no exception.
Activism
Oakland Post: Week of October 30 – November 5, 2024
The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024
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Alameda County
Alameda County District Attorney Pamela Price Announces $7.5 Million Settlement Agreement with Walmart
The settlement resolves allegations that Walmart unlawfully disposed of hazardous waste and medical waste from its facilities statewide to municipal landfills. Walmart agreed to pay $4,297,040 in civil penalties and $3,202,960 in costs, to be split among the prosecuting agencies, the California Department of Toxic Substances Control, and some local environmental protection agencies. There are nine Walmart stores in Alameda County.
By Oakland Post Staff
Alameda County District Attorney Pamela Price, the California Attorney General’s Office, and eleven other prosecutors’ offices secured a $7.5 million settlement with Walmart on behalf of the People of the State of California.
The settlement resolves allegations that Walmart unlawfully disposed of hazardous waste and medical waste from its facilities statewide to municipal landfills. Walmart agreed to pay $4,297,040 in civil penalties and $3,202,960 in costs, to be split among the prosecuting agencies, the California Department of Toxic Substances Control, and some local environmental protection agencies. There are nine Walmart stores in Alameda County.
“Large corporations must be held accountable when they do not follow the law and put the health and safety of Alameda County residents at risk,” said Price. “I commend my office’s Consumer Justice Bureau’s active involvement in this investigation, which helped bring this settlement forward and holds Walmart to account.”
The settlement is the result of over 70 covert waste inspections conducted by the district attorneys’ offices statewide from 2015 through 2021, including many assisted by Alameda County District Attorney’s Office environmental protection investigators. During those inspections, the offices inspected the waste that Walmart sent from its stores to local landfills and found hundreds of containers of toxic aerosols and liquid wastes (including spray paints, rust removers, bleach, and pesticides), as well as medical waste (such as over-the-counter drugs).
Improperly disposed of private consumer information was also found.
The People filed a civil law enforcement complaint against Walmart in 2021, wherein those unlawful disposals were alleged to violate the Hazardous Waste Control Law, Medical Waste Management Act, and Unfair Competition Law.
The civil action and stipulated judgment were filed in Alameda County Superior Court. The Alameda County District Attorney’s Office has been involved in the investigation and civil case preparation since 2015.
The settlement also imposes injunctive terms, which require Walmart to maintain an independent, third-party auditor to conduct three annual rounds of waste audits at its facilities throughout California during the next four years. Walmart’s auditor must use specific requirements in the settlement to ensure that hazardous waste is properly classified, handled, disposed of, and transported according to California law.
Activism
Black Tulip Calls for Action and a Cultural Shift in Oakland for Black Women’s Safety
Anyka Howard, founder of the Betti Ono Foundation and visionary of Black Tulip, expressed the core value of the movement and urgent need for change. “We’re not going to tolerate Oakland being a hotbed for dysfunction and violence, and perpetuating harms against Black women and girls,” Howard said. “We deserve better, we are worthy, our lives matter, and it’s time for us to boldly, and collectively proclaim that and expect the appropriate response.”
By Kristal Raheem
Special to The Post
Last week, Oakland City Council voted to adopt a resolution supporting the federal Protect Black Women and Girls Act, (H.R. 7354). The federal law would establish an interagency task force to examine the experiences of Black women in U.S. society, from education to health care to jobs to housing.
A 2020 study by the Congressional Black Caucus Foundation reported that 40% of humans being trafficked in the U.S. are Black women. In 2022, the FBI reported 97,000 Black women were missing. That same year in Oakland, 400 Black women were reported missing.
Anyka Howard, founder of the Betti Ono Foundation and visionary of Black Tulip, expressed the core value of the movement and urgent need for change. “We’re not going to tolerate Oakland being a hotbed for dysfunction and violence, and perpetuating harms against Black women and girls,” Howard said. “We deserve better, we are worthy, our lives matter, and it’s time for us to boldly, and collectively proclaim that and expect the appropriate response.”
The Council vote on Oct. 15 was just the latest reflection of a blossoming movement in Oakland demanding greater protection for Black women and girls.
From Oct. 3-5, the Betti Ono Foundation, in partnership with the Black Arts Movement Business District and Community Development Corporation (BAMB CDC), hosted their inaugural Black Tulip Cultural Week of Action.
The Black Tulip event series included a write-in at the BAMB CDC, an Oakland’s First Friday partnership, and a Day of Action at Lake Merritt.
Howard said everyone must support Black Tulip’s mission, regardless of race and other social identities. She specifically called for men to show up more as allies.
West Oakland native and founder of Black Terminus AR, Damien McDuffie, said the Town’s “pimp culture” has warped how Black women are treated. “Oakland has a complex history around sexual assault and pimp culture, so I think we have a warped sense of what safety might look like, especially for women and girls,” Damien saud. “I think a real impact on how women are treated here in Oakland or in the Bay Area will come from a culture shift.”
The Black Tulip Day of Action took place on Saturday, Oct. 5. Healers, poets, and musicians joined forces to amplify joy, remembrance, and hope.
Oakland educator and healer Venus Morris co-hosted the event alongside honorary guest speaker and singer Dawn Richard.
Richard is the artist relations director with the Hip Hop Caucus, an organization that helps artists use their platform to advocate for important issues. She is also one of 120 people being represented in a lawsuit against Sean “Diddy” Combs for alleged sexual assault and abuse.
Despite the media frenzy regarding the legal case, Richard showed up in Oakland to stand in solidarity for the mission of Black Tulip. “I think our narrative has been stolen from us,” Richard said. “We’ve lost the narrative of what we represent in this culture and in this society. We are more and I think this event exemplifies that.”
Participants gathered to honor the lives of Black women who lost their lives to violence while also celebrating one another as the journey for justice continues.
“We are the mothers, the womb of this earth. There is no America, no globalization, no capitalism, without us,” Howard told Oakland Voices. “People are taught to see us in a particular way that does not honor who we are. Black Tulip is a reclamation of our sacredness. It’s an affirmation, a calling, a demand.”
This story was initially published by Oakland Voices (http://oaklandvoices.us). The author previously worked as a communications and public relations manager for Councilmember Treva Reid.
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