Official Summary Text
SB 1095, as amended, Pérez.
Fusion centers.
Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or human-caused disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.
This bill would prohibit a
fusion center from engaging in specified acts, including, among other things,
law enforcement agency from
participating in activity, cooperating, or disclosing or sharing information with
any governmental entity, or a contractor for any governmental entity, that
assists or furthers immigration enforcement unless pursuant to judicial warrant or court order, and providing office space for agencies engaged in immigration enforcement, as provided.
a fusion center unless the elected governing body or council of the law enforcement agency, or governing board if no elected body exists, has entered into a written memorandum of understanding (MOU) with the fusion center.
The bill would define “fusion center” to mean a state-owned center operated by the Office of Emergency Services
and involving a law enforcement agency and a governmental entity that gather, analyze and share information, as provided.
or operated by an executive board consisting of local, state, and federal members, that gathers,
analyses, and shares information. The bill would require the MOU to provide, among other things, that information shall not be shared with an individual employed by or contracting with a federal immigration enforcement agency or for immigration enforcement purposes, except pursuant to a judicial warrant, and that a violation of its terms shall result in the termination of the MOU and the withdrawal of the law enforcement agency from participation in the fusion center, as provided. The bill would also require the local governing body or council, or the law enforcement agency if no governing body or council exists, to publicly post a signed copy of the MOU on its internet website. By imposing additional duties on local governments with respect to fusion centers, this bill would create a state-mandated local program.
This bill would, commencing January 1, 2029,
and every 4 years thereafter, require the Department of Justice to conduct a performance and compliance audit of a representative sample of law enforcement agencies and fusion centers that includes any law enforcement agency that has had its MOU terminated, and submit that audit to the Legislature, as provided.
This bill would authorize state
and local
elected officials and their
accompanying
staff to enter any fusion center for inspections,
without prior notice or authorization.
with 24 hours prior notice, as provided.
This bill would, starting on January 1,
2027,
2028,
and each year thereafter, require
the Office of Emergency Services
every fusion center in California
to submit a report to the Department of Justice that includes specified
information collected from fusion centers,
information,
including, among other things, any policies and
standards for the use and retention of data gathered, processed, or analyzed by
fusion centers and a certification, under penalty of perjury, that the fusion center has not engaged in any acts intended to influence the decisions or assessments of the Department of Justice. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would require the Department of Justice to conduct an annual audit based on the report submitted by the Office of Emergency Services, and to submit that audit to the Legislature, as provided.
the fusion center and detailed procedures for requesting and conducting site visits requested by elected officials and their staff.
Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law.
This bill would provide that all records related to fusion centers are public records for purposes of the California Public Records Act, except for specified records which are prohibited from disclosure.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to
that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.