Letter opposing SB 118 & AB 88, disastrous gut-and-amend bills impacting public safety policy in California

1. June 26, 2020
Members, California State Assembly
RE: SB 118 & AB 88 Public safety
Position: OPPOSE
The Southwest California Legislative Council is an advocacy coalition comprised of representative members of the
Temecula Valley, Murrieta/Wildomar, Lake Elsinore Valley, and Menifee Valley Chambers of Commerce representing more
than 3,500 employers dedicated to promoting job growth, economic expansion, and preserving the overall global
competitiveness of California.
The SWCLC must strongly OPPOSE AB 88 and SB 118. As recently gutted-and-amended, these bills represent significant
and potentially very deleterious changes in public safety policy and should not be approved without full consideration of
their sweeping impact. This last minute rush to passage frequently results in bad legislation with far-reaching unintended
consequences.
For example, among other things, the bills allow diversion in ALL misdemeanor cases WITHOUT EXCEPTION. This
includes:
 Sex crimes – annoying or molesting a child, possession of child pornography & sexual battery.
 DUI – Misdemeanor DUI w/injury, vehicular manslaughter w/alcohol but without gross negligence.
 Domestic violence – corporal injury to a spouse or co-habitant.
 Firearms offenses – carrying a concealed firearm, carrying a loaded firearm in public, bringing a deadly weapon
to a courthouse, or state local public building, possession of a firearm in a school zone.
It applies to:
 Repeat offenders.
 Violent offenders (those with three prior strikes).
 May be granted over the objection of the District Attorney.
New Offenses, including felonies, will no longer be able to allege prior diverted charges including:
 DUI with prior, including felonies with 4 priors.
 Felony domestic violence with prior.
 Child molest with prior.
This diversion program was based on AB 2124, chaptered in 2014, which was a pilot program in LA County which sunset
in 2018. However, the LA County pilot program contained numerous exclusions not contained in either AB 88 or SB 118.
AB 88 and SB 118 have been in print just a few days following their hasty gut-and-amend. In addition to wholesale changes
in misdemeanor diversion, these bills also reduce eligibility for ‘elder parole’ from age 60 to age 50, including for those
convicted of most murders, and 290 other offenses including being registered sex offenders. There are more than 20
changes to public safety policy contained in the bills that represent significant changes to longstanding policy and should
not be enacted as part of a budget trailer bill without extensive debate and consideration by ALL stakeholders.
For these and other reasons, the Southwest California Legislative Council must strongly OPPOSE AB 88 and SB 118
and ask for your ‘NO’ vote when it comes before you for consideration.
Respectfully,
Adam A. Ruiz, Chair Gene Wunderlich, Legislative Liaison
adam@1stactionrealestate.com gad@swcaladvocacy.com

2. cc:
Office of the Governor 916.558.3160
Assembly Committee on Budget 916.319.2199
Assembly Member Phil Ting, Chair 916.319.2119
Assembly Member Jay Obernolte, Vice Chair 916.319.2133
Assembly Member Marie Waldron 916.319.2175 760.480.7516
Assembly Member Sabrina Cervantes 916.319.2160
Assembly Member Jose Medina 916.319.2161
Riverside County District Attorney Mike Hestrin
California Chamber of Commerce 916.325.1272