Alameda County District Attorney's Office
Nancy E. O'Malley, District Attorney

Meet DA Nancy E. O'Malley

Legislation


The Alameda County District Attorney’s Office is committed to ensuring public safety in our county and beyond by actively participating in the legislative process in California.

Under the leadership of District Attorney Nancy O’Malley, our office frequently assists in writing and proposing legislation to sponsors, as well as testifying in support of bills. The DA’s Office works with closely with lawmakers to support legislation that fits with our mission to champion the rights of victims and to keep our communities safe.

The DA’s Office has sponsored (or co-sponsored) the following bills in 2017/18 session:

AB 41 (Assemblymember Chiu): DNA Evidence

Bill summary: AB 41 would require law enforcement agencies to report information regarding rape kit evidence, within 120 days of the collection of the kit, to the Department of Justice through a database established by the department. The bill would require that information to include, among other things, the number of kits collected, if biological evidence samples were submitted to a DNA laboratory for analysis, and if a probative DNA profile was generated.

UPDATE: This was passed and signed into law by Governor Jerry Brown in October 2017.

AB 67 (Assemblymember Rodriguez): Violent and Non-Violent Felonies

Bill summary: AB 67 Would define human sex trafficking as a violent felony and expand the scope of sodomy, oral copulation, sexual penetration, and rape offenses that are categorized as violent felonies, including if the victim was unconscious, if the victim was incapable of giving consent due to intoxication, if the victim was incapable of giving legal consent because of a mental disorder or developmental or physical disability, if the victim submitted to the act under the belief that the person committing the act was someone known to the victim other than the accused, or if the act was accomplished against the victim’s will by threatening to use the authority of a public official.

AB 320 (Assemblymember Cooley): Child Advocacy Centers

Bill summary: AB 320 would authorize a county, in order to implement a multidisciplinary response to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment, to use a Child Advocacy Center. The bill would require a Child Advocacy Center to meet specified standards, including the use of representatives from specified disciplines and providing dedicated child-focused settings for interviews and other services. The bill would authorize multidisciplinary team members to share with each other information in their possession concerning the child, the family of the child, and the person who is the subject of the abuse or neglect investigation, as specified.

AB 371 (Assemblymember Cooley): Sex Crimes -- Communication with a Minor

Bill summary: AB 371 would make it a crime to contact or communicate with a minor, or attempt to contact or communicate with a minor, as specified, with the intent to commit human trafficking of the minor. By expanding the definition of a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 993 (Assemblymember Baker): Examination of Victims of Sex Crimes

Bill summary: Current law authorizes the prosecution to apply for an order that a victim’s testimony at the preliminary hearing be video recorded and the video recording preserved when the defendant has been charged with certain sex crimes, including rape and sodomy, and the victim is a person 15 years of age or less or is developmentally disabled as a result of an intellectual disability. This bill would also authorize the prosecution to apply for an order that a victim’s testimony at the preliminary hearing be video recorded and preserved when the defendant has been charged with aggravated sexual assault of a child under 14 years of age or charged with sexual intercourse, sodomy, sexual penetration, or oral copulation with a child under 10 years of age.

UPDATE: This was passed and signed into law by Governor Jerry Brown in October 2017.

SB 384 (Senator Wiener): Sex Offender Registration - Criminal Offender Registration System

Bill summary: Current law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Current law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Current law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion. This bill would instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, as specified. The bill would establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions.

UPDATE: This was passed and signed into law by Governor Jerry Brown in October 2017.