The fall season acts as a California criminal justice bellwether, as the legislature feverishly votes on bills to beat their Aug. 31 deadline and recess for the year. The Governor then has until early October to take action on many of them in the form of a signature, no action or a veto.
In reality, it’s an opportunity for the Senate, Assembly, and the Governor to show the citizens of the state of California what they have been doing to improve public safety over the prior eight months.
Just like the past 10 years, my Google news alerts (set to follow legislative outcomes) lit up like a pinball machine between Oct. 2 and Oct. 8, as our Governor burned the midnight oil, fought through carpal tunnel, and (I hoped) took steps to reverse the tide of criminally related pain Californians have been feeling over the last 24 months via signing the best ideas generated in our legislative body.
As always, I ponder what I would do if I were in those positions? Should it be a revision to Assembly Bill (AB) 109, The Public Safety Realignment Act, that inappropriately labels many dangerous felons as non-serious or non-violent? Would it be legislation that would shield shop owners and citizens from the unintended overreach of Prop. 47’s protections provided to serial criminals? Could it be legislation that holds the Legislative Analyst’s Office (LAO) accountable for their consistently inaccurate forecast of governmental cost savings associated with the decriminalization of crime?
Unfortunately, my analysis of Gavin Newsom’s signatures left me saying what he ‘Shoulda, Woulda, Coulda’ have done. Please indulge my impulse to share a few of the “best” ideas our champions in Sacramento could produce so we can more accurately reimagine our future!
Let’s talk about one of Gavin Newsom’s top public safety priorities, AB 2799, called the “Decriminalizing Artistic Expression Act.” The bill, clearly a woke nod to the entertainment industry, will restrict the use of “creative expression” as evidence against artists charged with crimes when the lyrics, imagery, or other artistic concepts may be incriminating and are useful as evidence related to means and motive.
Although the legislation would be helpful to the defense teams of entertainers who are currently facing charges for various crimes (if their trials were in California), it may undermine the effectiveness of another of the Governor’s top crime fighting priorities, AB 2282, titled “Hate crimes: nooses, crosses and swastikas.” The bill would increase the penalties for using those symbols to terrorize an individual. I suspect those charged with utilizing those revolting and degenerate symbols during the commission of a crime will suddenly channel their inner Eminem and also claim artistic expression protections. Our Legislators consistently play checkers while our criminal defense teams play chess—and guess what? I think it’s on purpose.
Next up on our carnival-of-fun tour is AB 2147, aptly titled “The Freedom to Walk Act.” In summary, the bill’s backers sold it as eliminating the racist pretext for police to target and potentially kill people of color illegally crossing the street. Their description is an insult to law enforcement and is clearly untrue. However, when has the truth ever been a requirement for those attempting to abort the rule of law?
Most of the woke criminal justice reform bills use financial savings as a lever to push it through both houses. The assessment of savings can almost certainly be more useful if you invert the numbers into new and unintended costs. Although I admit I didn’t research the LAO’s review of the bill, I can only imagine that based on their prior logic, they weighed in on the millions of dollars of taxpayer savings due to the termination of the use of crosswalk paint and call boxes, while ignoring the costs associated with increased numbers of injured or worse. I wonder if the Governor is concerned about the reporting of his own Office of Transportation Safety (OTS) indicating nearly 900 pedestrian and car collisions resulting in death occur every year? I suspect that by the time the next report comes out with the guaranteed increases, he will be safely embroiled in the 2024 presidential primary process.
Just like bread and circuses, one thing needs another, and AB 2147 needed Senate Bill (SB) 357 to fully reach its full crime-breeding potential. SB 357 (signed July 1) titled “Crimes: loitering for the purpose of engaging in a prostitution offense,” in summary, decriminalizes the above. The bill, authored by state Senator Scott D. Weiner and championed by the newly formed “Decriminalize Sex Work California” steering committee member, Ashley Madness (no, I’m not making these names up), argued that not enacting this bill would further harm the LGBT community. To steal the term, the “intersectionality” of these two bills will give a whole new meaning to “roadside assistance” as aggressive solicitation for prostitution and panhandling will spill over into the roadway, literally! Imagine being buried three cars back at a stop light with theses fine folks banging on your windows or literally setting up makeshift toll booths where you can financially demonstrate your commitment to equity. You think I’m kidding? Just wait for the YouTube videos.
Folks from other states who read this opinion piece might think that I’m engaged in satire or in exaggeration. Only those who actually live in California will understand that these are literal state Senate or Assembly bills that have been signed into law, hence the title of this article. Perhaps Newsom is looking at the state through his iPad Pro that has an augmented reality app downloaded on it.
A 40 percent increase in homicide in just two short years is literally unheard of. What social justice data or imagery is being overlay on it to make it more palatable? This rate of increase in homicide has never happened in the state before, and what a coincidence, we’ve never engaged in the above lunacy before either.
Further, and even more important, is the action that’s not being taken. Where you and I see dead people with hot bullet casings on the ground, they see artistic expression. Where we see an individual who is running across traffic struck by a car, they see a hate crime against the transgender community.
California is quickly morphing into two groups, the sane and the not. Only a California electorate motivated by a sense of their own survival can turn this thing around. Vote like your life depends on it, because it does.
