AB 31 and AB 285 approved 9-0 in Assembly policy committee
SACRAMENTO—A measure to grant state peace officer status to tribal law enforcement who meet the same California standards as other officers and another to grant victims of domestic violence or sexual assault temporary criminal protective orders against their convicted assailants upon the perpetrator’s release from state prison were approved Tuesday unanimously by the Assembly Public Safety Committee. Assemblymember James C. Ramos (D-San Bernardino) introduced the two bills.
AB 31 Peace Officer Status on Tribal Lands
“AB 31, the tribal peace officer proposal, and AB 285, the criminal protective order measure, both create new preventive safeguards again the Missing and Murdered Indigenous People (MMIP) crisis in our Native American communities,” Ramos stated. “Due to a decades-old federal law, tribal lands were left without adequate law enforcement tools such as officers without full authority to pursue criminal investigations on their reservations. AB 31 seeks to remedy that public safety omission to underserved tribal lands.”
Ramos’s bill would authorize the state Department of Justice (DOJ) to establish a Tribal Police Pilot Program in coordination with the California’s California Commission on Peace Officer Standards (POST). The three-year program would grant tribal police from three state tribes peace officer status if they meet the same California requirements as other peace officers. DOJ and POST would provide ongoing monitoring, evaluation and support for the program and have the authority to suspend or terminate participation of a qualified entity for gross misconduct or for willful or persistent failure to comply with requirements of the pilot program.
The bill would also allow participating tribes to enter into agreements to share liability and collaborate on MMIP cases. AB 31 is sponsored by the Yurok Tribe, located in Humboldt County. Northern California is considered particularly vulnerable to the MMIP crisis.
Yurok Chairman Joe James said, “This bill and pilot program will combat the crisis of MMIP by improving public safety in tribal communities and adjacent lands.” Chairman James continued, “We sincerely thank Assemblymember Ramos for leading this effort to enhance community safety and wellbeing for the long term.”
AB 285 Criminal Protective Order Protection for Domestic Violence Victims
AB 285 would require that a temporary 180-day criminal protective order (CPO) be issued when a defendant convicted of domestic violence or sex offenses is released from state prison to protect the victim(s) they were convicted of harming.
Protective orders are issued by a judge to protect witnesses or crime victims and routinely issued in domestic violence cases. Such orders may be valid for up to 10 years. However, the CPO may expire before the perpetrator is released from prison, leaving the victim at risk. AB 285 would allow a 180-day CPO to be in effect in those cases where a void would exist between expiration of an existing CPO and the assailant’s release from prison. Closing this protective gap would also allow victims to take additional legal steps to prevent new violence and assaults.
Ramos declared, “AB 285 specifically gives victims of domestic violence and sexual assault time to create protective, more permanent guardrails when their assailant is released from state prison and prevent re-victimization. This also provides an additional weapon in confronting MMIP cases which disproportionately affect Native American people, especially women and girls.”
San Bernardino County District Attorney Jason Anderson, whose office is co-sponsoring AB 285 stated, “The passing of AB 285 by the Assembly Public Safety Committee reinforces our belief in the continued safety and peace of mind for victims of domestic violence or sexual assault crimes. We thank Assemblymember James Ramos for his partnership with our office and introducing this commonsense bill and look forward to seeing it become law.” Co-sponsoring the bill is the Riverside County District Attorney’s Office.
A partial list of supporters includes California District Attorneys Association, Arcadia Police Officers’ Association, Brea Police Association, Burbank Police Officers’ Association, California Association of School Police Chiefs, California Coalition of School Safety Professionals, California Narcotic Officers’ Association, Coyote Valley Band of Pomo Indians, California Reserve Peace Officers Association, Fullerton Police Officers’ Association, Indigenous Justice, Tule River Tribe, Riverside Sheriffs’ Association, Riverside Sheriffs’ Association and Santa Ana Police Officers Association.
"When survivors of violence have no legal protections in place upon their abuser’s release, they are left to live in constant fear," said Morning Star Gali, Executive Director of Indigenous Justice. "AB 285 is an essential safeguard that ensures survivors are given time to prepare for their safety and secure permanent restraining orders. We urge its continued advancement through the legislature to protect those most at risk."
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Assemblymember James C. Ramos proudly represents the 45th Assembly district that includes the Cities of Fontana, Highland, Mentone, Redlands, Rialto and San Bernardino. He is the first and only California Native American serving in the state’s legislature. Ramos chairs the Assembly Budget Subcommittee #6 on Public Safety.