California Penal Code 11070 – (a) To improve upon the implementation of concurrent criminal …
(a) To improve upon the implementation of concurrent criminal jurisdiction on California Indian lands, the Department of Justice shall, subject to an appropriation by the Legislature, in a manner to be prescribed by the department, provide technical assistance to local law enforcement agencies that have Indian lands within or abutting their jurisdictions, and to tribal governments with Indian lands, including those with and without tribal law enforcement agencies, to include, but not be limited to, all of the following:
(1) Providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands that supports consistent implementation of California’s responsibilities for enforcing statewide criminal laws on Indian lands that protect the health, safety, and welfare of tribal citizens on Indian lands.
Terms Used In California Penal Code 11070
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
(2) Providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools for conducting police investigations of statewide criminal laws on Indian lands.
(3) Providing educational materials about the complexities of concurrent criminal jurisdiction with tribal governments and their tribal law enforcement agencies, specifically to tribal citizens on Indian lands, including information on how to report a crime, and information relating to victim’s rights and victim services in California.
(4) Facilitating and supporting improved communication between local law enforcement agencies and tribal governments or tribal law enforcement agencies for purposes of consistent implementation of concurrent criminal jurisdiction on California Indian lands.
(b) (1) To address the issues involving missing and murdered Native Americans in California, particularly missing and murdered Native American women and girls, the department shall, subject to an appropriation by the Legislature, in a manner to be prescribed by the department, conduct a study to determine how to increase state criminal justice protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls. The study shall include all of the following:
(A) A determination of the scope of the issue of missing and murdered Native Americans in California, particularly women and girls.
(B) Identification of barriers in reporting or investigating missing Native Americans in California, particularly women and girls.
(C) Ways to create partnerships to increase cross-reporting and investigation of missing Native Americans in California, particularly women and girls, between federal, state, local, and tribal governments, including tribal governments without tribal law enforcement agencies.
(2) As part of the study, the department shall conduct outreach to tribal governments in California, Native American communities, local, tribal, state, and federal law enforcement agencies, and state and tribal courts.
(3) The department shall submit a report to the Legislature upon completion of the study. The report shall include all of the following:
(A) Data and analysis of the number of missing Native Americans in California, particularly women and girls.
(B) Identification of the barriers to providing state resources to address the issue.
(C) Recommendations, including any proposed legislation, to improve the reporting and identification of missing Native Americans in California, particularly women and girls.
(c) (1) The requirement for submitting a report imposed pursuant to paragraph (3) of subdivision (b) is inoperative on January 1, 2025, pursuant to § 10231.5 of the Government Code.
(2) A report to be submitted pursuant to paragraph (3) of subdivision (b) shall be submitted in compliance with § 9795 of the Government Code.
(Added by Stats. 2020, Ch. 170, Sec. 2. (AB 3099) Effective January 1, 2021.)