Anti-Crime Measures Top Legislators’ Agenda : Government: The typically conservative bills by O.C. lawmakers also target illegal immigrants, favor business, seek regulatory reform.

If Orange County’s legislators have their way this year, California would become a far different place in ways both large and small.

Businesses would reel in hefty tax breaks. The traditional school janitor would be a thing of the past. Reform schools would experience a revival. Illegal immigrants might want to pack their bags. Organized labor would absorb a sizable salary cut for work on public projects. School-aged gangbangers would be well-advised to clean up their acts.

With scores of bills unfurled for the 1994 legislative year, Orange County’s delegation in the state Capitol has mapped out the sort of conservative agenda that has always been its forte.

Now comes the hard part of actually getting the proposals through the Democrat-controlled Legislature, a tough task for a delegation dominated by Republicans. But many of the county’s lawmakers remain optimistic that at least a few of their ideas will be embraced--particularly those dealing with law-and-order issues.

“The Legislature reflects the mood of the people and the people are fed up with crime,” said Assemblyman Tom Umberg (D-Garden Grove). “All these bills affecting crime have a better chance than they had in the past.”

Hoping to keep young offenders from becoming career criminals, Assemblyman Gil Ferguson (R-Newport Beach) is pushing a bill that would revive reform schools. Under Ferguson’s proposal, youthful criminals, habitual truants and those expelled from traditional schools would be sent for a prolonged stay in special “military style” schools run by the state Department of Education, where they would complete their educations and train for jobs.

With more and more students packing guns on campus, Assemblywoman Doris Allen (R-Cypress) wants to improve school safety. She has offered three bills, including legislation requiring immediate expulsion of any student found with a weapon. Another bill would make areas around schools “gun-free zones.” The third proposal would toughen the state’s trespassing laws for campuses.

Assemblyman Bill Morrow (R-Oceanside), whose district includes a large swath of South Orange County, has proposed several anti-crime bills that could prove controversial.

One would allow school boards to expel students who publicly profess membership in a street gang or are caught spreading graffiti on or off campus, an idea sure to raise the ire of civil libertarians and constitutional scholars.

Such expulsions “probably won’t discourage people from joining a gang,” said Erwin Chemerinsky, a USC professor of constitutional law. “If this were enacted, it would probably be quickly declared unconstitutional.”

To reduce court costs, Morrow has legislation that would lower the number of jurors in a criminal trial from the current dozen to eight. Instead of unanimous decisions, it would allow verdicts when two-thirds of the jury agree.

But the criminal defense bar is expected to oppose the proposal, arguing that such fundamental changes would more frequently yield unjust verdicts. “It might make it faster,” said Santa Ana attorney William J. Kopeny, “but it wouldn’t make it better.”

State Sen. Marian Bergeson (R-Newport Beach) is offering a measure that would suspend the driving privileges of graffiti vandals and make their parents liable for the damage they cause.

Another Bergeson bill would require that child molesters be sentenced to life in prison for a first conviction. While the measure could face stiff opposition in light of several well-publicized cases involving accused molesters later declared innocent, Bergeson remains resolute.

“The Legislature has a responsibility to protect children from sexual predators,” she said. “Three chances is far too many. One strike and they should be in jail.”

Assemblyman Mickey Conroy (R-Orange), meanwhile, is sponsoring legislation that would require that children of any age who use firearms be tried as adults. Another piece of legislation would force police to release the names of juvenile offenders age 16 or older; currently, police can make public the identities of only those 18 or older.

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Because tougher sentencing requirements are expected to flood the state’s prisons with more inmates, state Sen. Rob Hurtt (R-Garden Grove) wants to cut the cost of prison construction by lowering workers’ wages. Hurtt has already met with resistance from Democrats opposed to the idea, which is an offshoot of wage-cutting efforts that have consistently been rebuffed by organized labor through the years.

Bergeson, meanwhile, wants to attack the jail overcrowding issue in Orange County. She has authored a bill that would establish a pilot project in Orange County to create a detoxification center where drunk drivers would be taken, freeing up needed jail space.

While most of the delegation champion gun owner rights, Umberg is on an opposite tack. The delegation’s lone Democrat has offered a bill that would extend a parent’s liability if his or her child is caught with a gun taken from home. It also would prohibit anyone under the age of 18 from possessing a rifle or shotgun without the supervision of a parent.

Several lawmakers are also tackling illegal immigration.

Conroy has a bill that would forbid illegal immigrants from attending state colleges and universities. Morrow plans to introduce bills that would attempt to measure the impact of illegal immigrants on health, welfare, law enforcement and colleges, thus giving the state more ammunition in its fight with the federal government for reimbursement dollars. Umberg is carrying a bill that would allow law enforcement officials to seize any business found guilty of hiring illegal immigrants.

Assemblyman Curt Pringle (R-Garden Grove) wants to take the “three strikes” movement in a different direction, to curb welfare cheats. He has a bill that increases penalties for welfare fraud, with persons serving a life sentence for a third conviction. Meanwhile, state Sen. John R. Lewis (R-Orange) has a measure that would prohibit welfare recipients from collecting worker’s compensation if they are injured.

Lewis also has a bill that would encourage adoptions by offering prospective parents a tax credit for the costly process.

On the home front, several lawmakers plan to introduce legislation to directly benefit voters in Orange County. Pringle has a bill to contract out more county government jobs, an idea long sought by Orange County officials eager to save money.

Bergeson is sponsoring a measure that would give Orange County and other Southland areas ravaged by the fall firestorms bailout tax relief from the state. Ferguson is carrying a similar bill. Assemblyman Ross Johnson (R-Fullerton) has proposed tough new penalties for arsonists, an idea that has been embraced by Gov. Pete Wilson.

Conroy, meanwhile, has a post-earthquake bill that would require that Caltrans not spend any more money on highway landscaping and beautification projects until retrofit and repair work is completed on bridges and overpasses. Hurtt has a measure that would cut wages for work on freeways and other public projects damaged in the Northridge earthquake.

Several lawmakers are sponsoring political reforms. Johnson has legislation that would prohibit state employees from lobbying for one year after they leave their jobs. A Pringle bill would ban state employees from politicking while on the job.

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As usual, regulatory reform is a hot topic. Lewis, Johnson, Hurtt and Pringle are pressing ahead with their efforts to strip power from the South Coast Air Quality Management District, the tough regional agency they contend is hurting business with its strict anti-smog regulations.

Eager to wield a meat cleaver on bureaucratic fat, Pringle wants to abolish the state Commission on Economic Development. Conroy, meanwhile, has a bill proposing abolishment of the California Energy Commission. Hurtt, owner of a Garden Grove manufacturing plant, wants to help free enterprise by easing business taxes.

On the education front, Lewis has two bills planned. One would allow schools to save money by contracting out janitorial services, cafeteria work and other non-instructional jobs, thus freeing up more money for the classroom. The second bill would make it easier for districts to create “charter schools,” thus freeing them of many state educational requirements and allowing educators to design curriculum better suited to local needs.

Ferguson also wants to help charter schools. Suggesting that some school districts have jealously hoarded money intended for charter schools under their auspices, Ferguson wants to require they get funded directly from the state.

Ferguson is also weighing in on the battle over health care reform. His measure would establish a savings account for employees to use for medical insurance costs and give them a 100% tax credit.

State Legislation From O.C.

Orange County lawmakers put in scores of new bills before last Friday’s deadline for introducing new legislation. Some of the top measures in the works:

* Assemblywoman Doris Allen (R-Cypress)

AB 645: Makes areas around schools “gun-free zones.”

AB 1045: Requires immediate expulsion of any student found with a weapon.

* State Sen. Marian Bergeson (R-Newport Beach)

SB 26X: Requires that child molesters be sentenced to life in prison after first conviction.

SB 1234: Gives areas ravaged by the fall firestorms bailout tax relief.

SB 1779: Suspends driving privileges of graffiti vandals, makes parents liable.

* Assemblyman Mickey Conroy (R-Orange)

AB 47X: Requires children of any age who use firearms to be tried as adults.

AB 70X: Forbids illegal immigrants from attending state colleges and universities.

* Assemblyman Gil Ferguson (R-Newport Beach)

AB 1069: Gives areas ravaged by the fall firestorms bailout tax relief.

AB 3669: Revives military-style reform schools for youthful criminals.

* Sen. Rob Hurtt (R-Garden Grove)

SB 1472: Cuts wages for post-earthquake freeway work.

SB 1695: Eliminates business taxes for first year of firms just starting up.

* Assemblyman Ross Johnson (R-Fullerton)

AB 1479: Limits the powers of the AQMD.

AB 9X, AB 2429: Puts revolving-door felons behind bars for life.

* Sen. John R. Lewis (R-Orange)

SB 1401: Gives Legislature veto power over AQMD regulations affecting small business.

SB 1809: Allows schools to contract out janitorial services and non-instructional jobs.

* Assemblyman Bill Morrow (R-Oceanside)

ACA 1X: Reduces court costs by lowering number of jurors in criminal trials from 12 to eight.

AB 112X: Allows school boards to expel students who profess gang membership.

AB 3645, 3646, 3647, 3648: Attempt to measure the impact of illegal immigrants.

* Assemblyman Curt Pringle (R-Garden Grove)

AB 2776: Welfare cheats convicted three times serve a life sentence.

AB 3527: Allows Orange County to contract out more county government jobs.

* Assemblyman Tom Umberg (D-Garden Grove)

AB 32X: Puts revolving-door felons behind bars for life.

AB 58X: Allows law enforcement officials to seize businesses that hire illegal immigrants.

AB 2517: Extends a parent’s liability if child is caught with a gun from home.

AB Assembly Bill

SB Senate Bill

ACA Assembly Constitutional Amendment

SCA Senate Constitutional Amendment

Note: All bills marked with an “X” are part of the Legislature’s special session on crime issues. Many rules are waived during the special session, which allows legislation to be approved more quickly.

Source: California Legislature and Times staff reports.