BILL NUMBER: SB 1107	CHAPTERED  09/22/05

	CHAPTER  279
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2005
	PASSED THE SENATE  AUGUST 29, 2005
	PASSED THE ASSEMBLY  AUGUST 18, 2005
	AMENDED IN ASSEMBLY  JUNE 23, 2005
	AMENDED IN SENATE  APRIL 18, 2005

INTRODUCED BY   Committee on Public Safety (Senators Alquist (Chair),
Cedillo, Margett, Migden, Perata, Poochigian, and Romero)

                        MARCH 7, 2005

   An act to amend Section 48906 of the Education Code, to amend
Sections 241.4, 271.5, 290.4, 601, 679.05, 861.5, 1170.11, 1170.76,
1170.86, 1524, 3602, 3700.5, 11105, 11167, 11170, 12555, and 13851
of, and to repeal Section 3085.1 of, the Penal Code, and to amend
Sections 13353, 14601.2, 22358.4, and 23593 of the Vehicle Code,
relating to public safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1107, Committee on Public Safety  Public safety: omnibus bill.
   Existing law generally regulates public safety.
   This bill would make various technical, nonsubstantive changes to
provisions related to, among other things, domestic violence, summary
criminal history information, and child abuse reporting.
   Existing law provides that the presiding judge of the superior
court in Contra Costa County may appoint an alternate for the public
member on the county board of parole commissioners.
   This bill would repeal that provision.
   Existing law identifies certain persons as mandated reporters of
child abuse and neglect, and requires their reports to law
enforcement to contain specified information, including the name of
the child victim, and to include additional information if it is
known.
   This bill would provide that the name of the child shall be
included if it is known.
   Existing law provides that the Department of Justice shall
maintain an index of all reports of child abuse and severe neglect it
receives. Existing law provides that the department may charge a fee
whenever this information is furnished to specified persons or
entities as the result of an application for employment or licensing.

   This bill would provide that the department may charge this fee
when furnishing this information to a government agency conducting a
background investigation of a person seeking employment as a peace
officer.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 48906 of the Education Code is amended to read:

   48906.  When a principal or other school official releases a minor
pupil to a peace officer for the purpose of removing the minor from
the school premises, the school official shall take immediate steps
to notify the parent, guardian, or responsible relative of the minor
regarding the release of the minor to the officer, and regarding the
place to which the minor is reportedly being taken, except when a
minor has been taken into custody as a victim of suspected child
abuse, as defined in Section 11165.6 of the Penal Code, or pursuant
to Section 305 of the Welfare and Institutions Code. In those cases,
the school official shall provide the peace officer with the address
and telephone number of the minor's parent or guardian. The peace
officer shall take immediate steps to notify the parent, guardian, or
responsible relative of the minor that the minor is in custody and
the place where he or she is being held. If the officer has a
reasonable belief that the minor would be endangered by a disclosure
of the place where the minor is being held, or that the disclosure
would cause the custody of the minor to be disturbed, the officer may
refuse to disclose the place where the minor is being held for a
period not to exceed 24 hours. The officer shall, however, inform the
parent, guardian, or responsible relative whether the child requires
and is receiving medical or other treatment. The juvenile court
shall review any decision not to disclose the place where the minor
is being held at a subsequent detention hearing.
  SEC. 2.  Section 241.4 of the Penal Code is amended to read:
   241.4.  An assault is punishable by fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or by both. When the assault is committed
against the person of a peace officer engaged in the performance of
his or her duties as a member of a police department of a school
district pursuant to Section 38000 of the Education Code, and the
person committing the offense knows or reasonably should know that
the victim is a peace officer engaged in the performance of his or
her duties, the offense shall be punished by imprisonment in the
county jail not exceeding one year or by imprisonment in the state
prison.
  SEC. 3.  Section 271.5 of the Penal Code is amended to read:
   271.5.  (a) No parent or other individual having lawful custody of
a minor child 72 hours old or younger may be prosecuted for a
violation of Section 270, 270.5, 271, or 271a if he or she
voluntarily surrenders physical custody of the child to personnel on
duty at a safe-surrender site.
   (b) For purposes of this section, "safe-surrender site" has the
same meaning as defined in paragraph (1) of subdivision (a) of
Section 1255.7 of the Health and Safety Code.
   (c) (1) For purposes of this section, "lawful custody" has the
same meaning as defined in subdivision (j) of Section 1255.7 of the
Health and Safety Code.
   (2) For purposes of this section, "personnel" has the same meaning
as defined in paragraph (2) of subdivision (a) of Section 1255.7 of
the Health and Safety Code.
   (d) This section shall be repealed on January 1, 2006, unless a
later enacted statute extends or deletes that date.
  SEC. 4.  Section 290.4 of the Penal Code is amended to read:
   290.4.  (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
Section 207 or 209 committed with the intent to violate Section 261,
286, 288, 288a, or 289; Section 220, except assault to commit mayhem;
Section 243.4, provided that the offense is a felony; paragraph (1),
(2), (3), (4), or (6) of subdivision (a) of Section 261; Section
264.1; Section 266, provided that the offense is a felony; Section
266c, provided that the offense is a felony; Section 266j; Section
267; Section 269; paragraph (1) of subdivision (b) of Section 286,
provided that the offense is a felony; paragraph (2) of subdivision
(b), subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), or (h) of Section
289, provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the attempted commission of any of
these offenses; or the statutory predecessor of any of these offenses
or any offense which, if committed or attempted in this state, would
have been punishable as one or more of the offenses described in
this section. This requirement shall not be applied to a person whose
duty to register has been terminated pursuant to paragraph (5) of
subdivision (d) of Section 290, or to a person who has been relieved
of his or her duty to register under Section 290.5.
   (2) The information shall be categorized by community of residence
and ZIP Code. The information shall include the names and known
aliases of the person, a photograph, a physical description, gender,
race, date of birth, the criminal history, and the address, including
ZIP Code, in which the person resides, and any other information
that the Department of Justice deems relevant, not including
information that would identify the victim.
   (3) The department shall operate a "900" telephone number that
members of the public may call and inquire whether a named individual
is listed among those described in this subdivision. The caller
shall furnish his or her first name, middle initial, and last name.
The department shall ascertain whether a named person reasonably
appears to be a person so listed and provide the caller with the
information described in paragraph (2), except the department shall
not disclose the name or address of a listed person's employer, or
the street address or criminal history of a person listed, except to
disclose the ZIP Code area in which the person resides and to
describe the specific crimes for which the registrant was required to
register. The department shall decide whether the named person
reasonably appears to be a person listed, based upon information from
the caller providing information that shall include (A) an exact
street address, including apartment number, social security number,
California driver's license or identification number, or birth date
along with additional information that may include any of the
following: name, hair color, eye color, height, weight, distinctive
markings, ethnicity; or (B) any combination of at least six of the
above-listed characteristics if an exact birth date or address is not
available. If three of the characteristics provided include
ethnicity, hair color, and eye color, a seventh identifying
characteristic shall be provided. Any information identifying the
victim by name, birth date, address, or relation to the registrant
shall be excluded by the department.
   (4) (A) The department shall provide a CD-ROM or other electronic
medium containing the information described in paragraph (2), except
the name or address of a listed person's employer, or the listed
person's street address and criminal history other than the specific
crimes for which the person was required to register, for all persons
described in paragraph (1) of subdivision (a), and shall update and
distribute the CD-ROM or other electronic medium, to the sheriff's
department in each county, municipal police departments of cities
with a population of more than 200,000, and each law enforcement
agency listed in subparagraph (I) of paragraph (1) of subdivision (b)
of Section 290.45, except that school district police departments
may receive the information only upon request. These law enforcement
agencies may obtain additional copies by purchasing a yearly
subscription to the CD-ROM or other electronic medium from the
Department of Justice for a yearly subscription fee. The Department
of Justice, the sheriffs' departments, and the municipal police
departments of cities with a population of more than 200,000 shall
make, and the other law enforcement agencies may make, the CD-ROM or
other electronic medium available for viewing by the public in
accordance with the following: The agency may require that a person
applying to view the CD-ROM or other electronic medium express an
articulable purpose in order to have access thereto. The applicant
shall provide identification in the form of a California driver's
license, California identification card, or military identification
card and orders with proof of permanent assignment or attachment to a
military command or vessel in California, showing the applicant to
be at least 18 years of age. The applicant shall sign a statement, on
a form provided by the Department of Justice, stating that the
applicant is not a registered sex offender, that he or she
understands the purpose of the release of information is to allow
members of the public to protect themselves and their children from
sex offenders, and he or she understands it is unlawful to use
information obtained from the CD-ROM or other electronic medium to
commit a crime against any registrant or to engage in illegal
discrimination or harassment of any registrant. The signed statement
shall be maintained in a file in the designated law enforcement
agency's office. A person under 18 years of age may accompany an
applicant who is that person's parent or legal guardian for the
purpose of viewing the CD-ROM or other electronic medium.
   (B) The records of persons requesting to view the CD-ROM or other
electronic medium are confidential, except that a copy of the
applications requesting to view the CD-ROM or other electronic medium
may be disclosed to law enforcement agencies for law enforcement
purposes.
   (C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
CD-ROM or other electronic medium.
   (5) (A) The income from the operation of the "900" telephone
number shall be deposited in the Sexual Predator Public Information
Account within the Department of Justice for the purpose of the
implementation of this section by the Department of Justice,
including all actual and reasonable costs related to establishing and
maintaining the information described in subdivision (a) and the
CD-ROM or other electronic medium described in this subdivision.
   (B) The moneys in the Sexual Predator Public Information Account
shall consist of income from the operation of the "900" telephone
number program authorized by this section, proceeds of the loan made
pursuant to Section 6 of the act adding this section, and any other
funds made available to the account by the Legislature. Moneys in the
account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subparagraph (A).
   (C) When the "900" telephone number is called, a preamble shall be
played before charges begin to accrue. The preamble shall run at
least the length of time required by federal law and shall provide
the following information:
   (i) Notice that the caller's telephone number will be recorded.
   (ii) The charges for use of the "900" telephone number.
   (iii) Notice that the caller is required to identify himself or
herself to the operator.
   (iv) Notice that the caller is required to be 18 years of age or
older.
   (v) A warning that it is illegal to use information obtained
through the "900" telephone number to commit a crime against any
registrant or to engage in illegal discrimination or harassment
against any registrant.
   (vi) Notice that the caller is required to have the birth date,
California driver's license or identification number, social security
number, address, or other identifying information regarding the
person about whom information is sought in order to achieve a
positive identification of that person.
   (vii) A statement that the number is not a crime hotline and that
any suspected criminal activity should be reported to local
authorities.
   (viii) A statement that the caller should have a reasonable
suspicion that a person is at risk.
   (D) The Department of Justice shall expend no more than six
hundred thousand dollars ($600,000) per year from any moneys
appropriated by the Legislature from the account.
   (b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
   (2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
   (c) The record of the compilation of offender information on each
CD-ROM or other electronic medium distributed pursuant to this
section shall be used only for law enforcement purposes and the
public safety purposes specified in this section and Sections 290 and
290.45. This record shall not be distributed or removed from the
custody of the law enforcement agency that is authorized to retain
it. Information obtained from this record shall be disclosed to a
member of the public only as provided in this section, Section 290,
290.45, or any other statute expressly authorizing it.
   Any person who copies, distributes, discloses, or receives this
record or information from it, except as authorized by law, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not to
exceed six months, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. This subdivision
shall not apply to a law enforcement officer who makes a copy as part
of his or her official duties in the course of a criminal
investigation, court case, or as otherwise authorized by subdivision
(b) of Section 290.45. This subdivision shall not prohibit copying
information by handwriting.
   Notwithstanding Section 6254.5 of the Government Code, disclosure
of information pursuant to this section is not a waiver of exemptions
under Chapter 3.5 (commencing with Section 6250) of Title 1 of
Division 7 of the Government Code and does not affect other statutory
restrictions on disclosure in other situations.
   (d) Unauthorized removal or destruction of the CD-ROM or other
electronic medium from the offices of any law enforcement agency is a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
   (e) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
   This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
   (2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes relating to any of the following is
prohibited:
   (A) Health insurance.
   (B) Insurance.
   (C) Loans.
   (D) Credit.
   (E) Employment.
   (F) Education, scholarships, or fellowships.
   (G) Housing or accommodations.
   (H) Benefits, privileges, or services provided by any business
establishment.
   (3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) or in
violation of paragraph (2) shall make the user liable for the actual
damages, and any amount that may be determined by a jury or a court
sitting without a jury, not exceeding three times the amount of
actual damage, and not less than two hundred fifty dollars ($250),
and attorney's fees, exemplary damages, or a civil penalty not
exceeding twenty-five thousand dollars ($25,000).
   (B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the "900" telephone number in violation of paragraph (2), the
Attorney General, any district attorney, or city attorney, or any
person aggrieved by the misuse of that number is authorized to bring
a civil action in the appropriate court requesting preventive relief,
including an application for a permanent or temporary injunction,
restraining order, or other order against the person or group of
persons responsible for the pattern or practice of misuse. The
foregoing remedies shall be independent of any other remedies or
procedures that may be available to an aggrieved party under other
provisions of law, including Part 2 (commencing with Section 43) of
Division 1 of the Civil Code.
   (f) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
   (g) Community notification shall be governed by Section 290.45.
   (h) Any law enforcement agency and employees of any law
enforcement agency shall be immune from liability for good faith
conduct under this section. For the purposes of this section, "law
enforcement agency" means the Attorney General of California, every
district attorney, the Department of Corrections, the Department of
the Youth Authority, and every state or local agency expressly
authorized by statute to investigate or prosecute law violators.
   (i) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to Section 290 arose, and to every offense
described in these sections, regardless of when it was committed.
   (j) The Department of Justice shall mail an informational pamphlet
to any member of the public who makes an inquiry using the "900"
telephone number required by this section and who provides an
address. The pamphlet shall provide basic information concerning
appropriate steps parents, guardians, and other responsible adults
can take to ensure a child is safe from a suspected child molester,
including, but not limited to, how to identify suspicious activity by
an adult, common facts and myths about child molesters, and how to
obtain additional help and information.  A notice to callers to the
"900" telephone number that they will receive the pamphlet, if an
address is provided, shall be included in the preamble required by
this section.
   (k) On or before July 1, 2001, and every year thereafter, the
Department of Justice shall make a report to the Legislature
concerning the operation of this section.
   (l) Agencies disseminating information to the public pursuant to
this section shall maintain records of those persons requesting to
view the CD-ROM or other electronic media for a minimum of five
years.
   (m) This section shall remain operative only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, which becomes effective on or before that date, deletes or
extends that date.
  SEC. 5.  Section 601 of the Penal Code is amended to read:
   601.  (a) Any person is guilty of trespass who makes a credible
threat to cause serious bodily injury, as defined in subdivision (a)
of Section 417.6, to another person with the intent to place that
other person in reasonable fear for his or her safety, or the safety
of his or her immediate family, as defined in subdivision (l) of
Section 646.9, and who does any of the following:
   (1) Within 30 days of the threat, unlawfully enters into the
residence or real property contiguous to the residence of the person
threatened without lawful purpose, and with the intent to execute the
threat against the target of the threat.
   (2) Within 30 days of the threat, knowing that the place is the
threatened person's workplace, unlawfully enters into the workplace
of the person threatened and carries out an act or acts to locate the
threatened person within the workplace premises without lawful
purpose, and with the intent to execute the threat against the target
of the threat.
   (b) Subdivision (a) shall not apply if the residence, real
property, or workplace described in paragraph (1) or (2) that is
entered is the residence, real property, or workplace of the person
making the threat.
   (c) This section shall not apply to any person who is engaged in
labor union activities which are permitted to be carried out on the
property by the California Agricultural Labor Relations Act, Part 3.5
(commencing with Section 1140) of Division 2 of the Labor Code, or
by the National Labor Relations Act.
   (d) A violation of this section shall be punishable by
imprisonment in the state prison, or by imprisonment in a county jail
not exceeding one year, or by a fine not exceeding two thousand
dollars ($2,000), or by both a fine and imprisonment.
  SEC. 6.  Section 679.05 of the Penal Code is amended to read:
   679.05.  (a) A victim of domestic violence or abuse, as defined in
Sections 6203 or 6211 of the Family Code, or Section 13700 of the
Penal Code, has the right to have a domestic violence counselor and a
support person of the victim's choosing present at any interview by
law enforcement authorities, prosecutors, or defense attorneys.
However, the support person may be excluded from an interview by law
enforcement or the prosecutor if the law enforcement authority or the
prosecutor determines that the presence of that individual would be
detrimental to the purpose of the interview. As used in this section,
"domestic violence counselor" is defined in Section 1037.1 of the
Evidence Code.
   (b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the prosecutor pertaining to any criminal
action arising out of a domestic violence incident, a victim of
domestic violence or abuse, as defined in Section 6203 or 6211 of the
Family Code, or Section 13700 of this code, shall be notified orally
or in writing by the attending law enforcement authority or
prosecutor that the victim has the right to have a domestic violence
counselor and a support person of the victim's choosing present at
the interview or contact. This subdivision applies to investigators
and agents employed or retained by law enforcement or the prosecutor.

   (2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
prosecutor shall also advise the victim of the right to have a
domestic violence counselor and a support person present at any
interview by the defense attorney or investigators or agents employed
by the defense attorney.
   (c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
  SEC. 7.  Section 861.5 of the Penal Code is amended to read:
   861.5.  Notwithstanding subdivision (a) of Section 861, the
magistrate may postpone the preliminary examination for one court day
in order to accommodate the special physical, mental, or emotional
needs of a child witness who is 10 years of age or younger or a
dependent person, as defined in paragraph (3) of subdivision (f) of
Section 288.
   The magistrate shall admonish both the prosecution and defense
against coaching the witness prior to the witness' next appearance in
the preliminary examination.
  SEC. 8.  Section 1170.11 of the Penal Code is amended to read:
   1170.11.  As used in Section 1170.1, the term "specific
enhancement" means an enhancement that relates to the circumstances
of the crime. It includes, but is not limited to, the enhancements
provided in Sections 186.10, 186.11, 186.22, 186.26, 186.33, 273.4,
289.5, 290.4, 290.45, subdivision (h) of Section 290.46, Sections
347, and 368, subdivisions (a) and (b) of Section 422.75, paragraphs
(2), (3), (4), and (5) of subdivision (a) of Section 451.1,
paragraphs (2), (3), and (4) of subdivision (a) of Section 452.1,
subdivision (g) of Section 550, Sections 593a, 600, 667.8, 667.85,
667.9, 667.10, 667.15, 667.16, 667.17, 674, 675, 12021.5, 12022,
12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 12022.6,
12022.7, 12022.75, 12022.8, 12022.85, 12022.9, 12022.95, 12072, and
12280 of this code, and in Sections 1522.01 and 11353.1, subdivision
(b) of Section 11353.4, Sections 11353.6, 11356.5, 11370.4, 11379.7,
11379.8, 11379.9, 11380.1, 25189.5, and 25189.7 of the Health and
Safety Code, and in Sections 20001 and 23558 of the Vehicle Code, and
in Sections 10980 and 14107 of the Welfare and Institutions Code.
  SEC. 9.  Section 1170.76 of the Penal Code is amended to read:
   1170.76.  The fact that a defendant who commits or attempts to
commit a violation of Section 243.4, 245, or 273.5 is or has been a
member of the household of a minor or of the victim of the offense,
or the defendant is a marital or blood relative of the minor or the
victim, or the defendant or the victim is the natural parent,
adoptive parent, stepparent, or foster parent of the minor, and the
offense contemporaneously occurred in the presence of, or was
witnessed by, the minor shall be considered a circumstance in
aggravation of the crime in imposing a term under subdivision (b) of
Section 1170.
  SEC. 10.  Section 1170.86 of the Penal Code is amended to read:
   1170.86.  Upon conviction of a felony violation of Section 220,
261, 261.5, 264.1, or 266j the fact that the felony was committed
within a safe school zone, as defined in subdivision (c) of Section
626, against a victim who was a pupil currently attending school,
shall be considered a circumstance in aggravation in imposing a term
under subdivision (b) of Section 1170.
  SEC. 11.  Section 1170.89 of the Penal Code is amended to read:
   1170.89.  Where there is an applicable triad for an enhancement
related to the possession of, being armed with, use of, or furnishing
or supplying a firearm, set forth in Section 12021.5, 12022,
12022.2, 12022.3, 12022.4, 12022.5, or 12022.55 the fact that a
person knew or had reason to believe that a firearm was stolen shall
constitute a circumstance in aggravation of the enhancement
justifying imposition of the upper term on that enhancement.
                                                               SEC.
12.  Section 1524 of the Penal Code, as amended by Section 8 of
Chapter 2 of the 4th Extraordinary Session of the Statutes of 2004,
is amended to read:
   1524.  (a) A search warrant may be issued upon any of the
following grounds:
   (1) When the property was stolen or embezzled.
   (2) When the property or things were used as the means of
committing a felony.
   (3) When the property or things are in the possession of any
person with the intent to use them as a means of committing a public
offense, or in the possession of another to whom he or she may have
delivered them for the purpose of concealing them or preventing their
being discovered.
   (4) When the property or things to be seized consist of any item
or constitute any evidence that tends to show a felony has been
committed, or tends to show that a particular person has committed a
felony.
   (5) When the property or things to be seized consist of evidence
that tends to show that sexual exploitation of a child, in violation
of Section 311.3, or possession of matter depicting sexual conduct of
a person under the age of 18 years, in violation of Section 311.11,
has occurred or is occurring.
   (6) When there is a warrant to arrest a person.
   (7) When a provider of electronic communication service or remote
computing service has records or evidence, as specified in Section
1524.3, showing that property was stolen or embezzled constituting a
misdemeanor, or that property or things are in the possession of any
person with the intent to use them as a means of committing a
misdemeanor public offense, or in the possession of another to whom
he or she may have delivered them for the purpose of concealing them
or preventing their discovery.
   (8) When the property or things to be seized include an item or
any evidence that tends to show a violation of Section 3700.5 of the
Labor Code, or tends to show that a particular person has violated
Section 3700.5 of the Labor Code.
   (b) The property or things or person or persons described in
subdivision (a) may be taken on the warrant from any place, or from
any person in whose possession the property or things may be.
   (c) Notwithstanding subdivision (a) or (b), no search warrant
shall issue for any documentary evidence in the possession or under
the control of any person, who is a lawyer as defined in Section 950
of the Evidence Code, a physician as defined in Section 990 of the
Evidence Code, a psychotherapist as defined in Section 1010 of the
Evidence Code, or a member of the clergy as defined in Section 1030
of the Evidence Code, and who is not reasonably suspected of engaging
or having engaged in criminal activity related to the documentary
evidence for which a warrant is requested unless the following
procedure has been complied with:
   (1) At the time of the issuance of the warrant the court shall
appoint a special master in accordance with subdivision (d) to
accompany the person who will serve the warrant. Upon service of the
warrant, the special master shall inform the party served of the
specific items being sought and that the party shall have the
opportunity to provide the items requested. If the party, in the
judgment of the special master, fails to provide the items requested,
the special master shall conduct a search for the items in the areas
indicated in the search warrant.
   (2) If the party who has been served states that an item or items
should not be disclosed, they shall be sealed by the special master
and taken to court for a hearing.
   At the hearing, the party searched shall be entitled to raise any
issues that may be raised pursuant to Section 1538.5 as well as a
claim that the item or items are privileged, as provided by law. The
hearing shall be held in the superior court. The court shall provide
sufficient time for the parties to obtain counsel and make any
motions or present any evidence. The hearing shall be held within
three days of the service of the warrant unless the court makes a
finding that the expedited hearing is impracticable. In that case the
matter shall be heard at the earliest possible time.
   If an item or items are taken to court for a hearing, any
limitations of time prescribed in Chapter 2 (commencing with Section
799) of Title 3 of Part 2 shall be tolled from the time of the
seizure until the final conclusion of the hearing, including any
associated writ or appellate proceedings.
   (3) The warrant shall, whenever practicable, be served during
normal business hours. In addition, the warrant shall be served upon
a party who appears to have possession or control of the items
sought. If, after reasonable efforts, the party serving the warrant
is unable to locate the person, the special master shall seal and
return to the court, for determination by the court, any item that
appears to be privileged as provided by law.
   (d) As used in this section, a "special master" is an attorney who
is a member in good standing of the California State Bar and who has
been selected from a list of qualified attorneys that is maintained
by the State Bar particularly for the purposes of conducting the
searches described in this section. These attorneys shall serve
without compensation. A special master shall be considered a public
employee, and the governmental entity that caused the search warrant
to be issued shall be considered the employer of the special master
and the applicable public entity, for purposes of Division 3.6
(commencing with Section 810) of Title 1 of the Government Code,
relating to claims and actions against public entities and public
employees. In selecting the special master, the court shall make
every reasonable effort to ensure that the person selected has no
relationship with any of the parties involved in the pending matter.
Any information obtained by the special master shall be confidential
and may not be divulged except in direct response to inquiry by the
court.
   In any case in which the magistrate determines that, after
reasonable efforts have been made to obtain a special master, a
special master is not available and would not be available within a
reasonable period of time, the magistrate may direct the party
seeking the order to conduct the search in the manner described in
this section in lieu of the special master.
   (e) Any search conducted pursuant to this section by a special
master may be conducted in a manner that permits the party serving
the warrant or his or her designee to accompany the special master as
he or she conducts his or her search. However, that party or his or
her designee may not participate in the search nor shall he or she
examine any of the items being searched by the special master except
upon agreement of the party upon whom the warrant has been served.
   (f) As used in this section, "documentary evidence" includes, but
is not limited to, writings, documents, blueprints, drawings,
photographs, computer printouts, microfilms, X-rays, files, diagrams,
ledgers, books, tapes, audio and video recordings, films or papers
of any type or description.
   (g) No warrant shall issue for any item or items described in
Section 1070 of the Evidence Code.
   (h) Notwithstanding any other law, no claim of attorney work
product as described in Chapter 4 (commencing with Section 2018.010)
of Title 4 of Part 4 of the Code of Civil Procedure shall be
sustained where there is probable cause to believe that the lawyer is
engaging or has engaged in criminal activity related to the
documentary evidence for which a warrant is requested unless it is
established at the hearing with respect to the documentary evidence
seized under the warrant that the services of the lawyer were not
sought or obtained to enable or aid anyone to commit or plan to
commit a crime or a fraud.
   (i) Nothing in this section is intended to limit an attorney's
ability to request an in camera hearing pursuant to the holding of
the Supreme Court of California in People v. Superior Court (Laff)
(2001) 25 Cal.4th 703.
   (j) In addition to any other circumstance permitting a magistrate
to issue a warrant for a person or property in another county, when
the property or things to be seized consist of any item or constitute
any evidence that tends to show a violation of Section 530.5, the
magistrate may issue a warrant to search a person or property located
in another county if the person whose identifying information was
taken or used resides in the same county as the issuing court.
  SEC. 13.  Section 3085.1 of the Penal Code is repealed.
  SEC. 14.  Section 3602 of the Penal Code is amended to read:
   3602.  Upon the affirmance of her appeal, the female person
sentenced to death shall thereafter be delivered to the warden of the
California state prison designated by the department for the
execution of the death penalty, not earlier than three days before
the day upon which judgment is to be executed; provided, however,
that in the event of a commutation of sentence said female prisoner
shall be returned to the Central California Women's Facility, there
to be confined pursuant to such commutation.
  SEC. 15.  Section 3700.5 of the Penal Code is amended to read:
   3700.5.  Whenever a court makes and causes to be entered an order
appointing a day upon which a judgment of death shall be executed
upon a defendant, the warden of the state prison to whom such
defendant has been delivered for execution or, if the defendant is a
female, the warden of the Central California Women's Facility, shall
notify the Director of Corrections who shall thereupon select and
appoint three alienists, all of whom must be from the medical staffs
of the Department of Corrections, to examine the defendant, under the
judgment of death, and investigate his or her sanity. It is the duty
of the alienists so selected and appointed to examine such defendant
and investigate his or her sanity, and to report their opinions and
conclusions thereon, in writing, to the Governor, to the warden of
the prison at which the execution is to take place, or, if the
defendant is female, the warden of the Central California Women's
Facility, at least 20 days prior to the day appointed for the
execution of the judgment of death upon the defendant. The warden
shall furnish a copy of the report to counsel for the defendant upon
his or her request.
  SEC. 16.  Section 11105 of the Penal Code is amended to read:
   11105.  (a) (1) The Department of Justice shall maintain state
summary criminal history information.
   (2) As used in this section:
   (A) "State summary criminal history information" means the master
record of information compiled by the Attorney General pertaining to
the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, date
of arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
   (B) "State summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
the Attorney General, nor does it refer to records of complaints to
or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.
   (b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any other entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
   (1) The courts of the state.
   (2) Peace officers of the state as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.
   (3) District attorneys of the state.
   (4) Prosecuting city attorneys of any city within the state.
   (5) Probation officers of the state.
   (6) Parole officers of the state.
   (7) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
   (8) A public defender or attorney of record when representing a
person in a criminal case and if authorized access by statutory or
decisional law.
   (9) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
that specified criminal conduct. The agency, officer, or official of
the state authorized by this paragraph to receive state summary
criminal history information may also transmit fingerprint images and
related information to the Department of Justice to be transmitted
to the Federal Bureau of Investigation.
   (10) Any city or county, or city and county, or district, or any
officer, or official thereof if access is needed in order to assist
that agency, officer, or official in fulfilling employment,
certification, or licensing duties, and if the access is specifically
authorized by the city council, board of supervisors, or governing
board of the city, county, or district if the criminal history
information is required to implement a statute, ordinance, or
regulation that expressly refers to specific criminal conduct
applicable to the subject person of the state summary criminal
history information, and contains requirements or exclusions, or
both, expressly based upon that specified criminal conduct. The city
or county, or city and county, or district, or the officer or
official thereof authorized by this paragraph may also transmit
fingerprint images and related information to the Department of
Justice to be transmitted to the Federal Bureau of Investigation.
   (11) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120) of Chapter 1 of Title 1 of Part 4.
   (12) Any person or entity when access is expressly authorized by
statute if the criminal history information is required to implement
a statute or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the state summary
criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal
conduct.
   (13) Health officers of a city, county, or city and county, or
district, when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
   (14) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
   (15) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section 14502
of the Corporations Code for the appointment of level 1 humane
officers.
   (16) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parent's having failed to provide support for
minor children, consistent with the requirements of Section 17531 of
the Family Code.
   (17) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal history information pursuant to Section 272 of the Welfare
and Institutions Code for the purposes specified in Section 16504.5
of the Welfare and Institutions Code. Information from criminal
history records provided pursuant to this subdivision shall not be
used for any purposes other than those specified in this section and
Section 16504.5 of the Welfare and Institutions Code. When an agency
obtains records obtained both on the basis of name checks and
fingerprint checks, final placement decisions shall be based only on
the records obtained pursuant to the fingerprint check.
   (c) The Attorney General may furnish state summary criminal
history information and, when specifically authorized by this
subdivision, federal level criminal history information upon a
showing of a compelling need to any of the following, provided that
when information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or any other
entity, in fulfilling employment, certification, or licensing
duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
Labor Code shall apply:
   (1) Any public utility as defined in Section 216 of the Public
Utilities Code that operates a nuclear energy facility when access is
needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom the
data relates.
   (2) To a peace officer of the state other than those included in
subdivision (b).
   (3) To a peace officer of another country.
   (4) To public officers (other than peace officers) of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States if the information is needed for the performance of
their official duties.
   (5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
   (6) The courts of the United States, other states, or territories
or possessions of the United States.
   (7) Peace officers of the United States, other states, or
territories or possessions of the United States.
   (8) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.
   (9) (A) Any public utility as defined in Section 216 of the Public
Utilities Code, or any cable corporation as defined in subparagraph
(B), if receipt of criminal history information is needed in order to
assist in employing current or prospective employees, contract
employees, or subcontract employees who, in the course of their
employment may be seeking entrance to private residences or adjacent
grounds. The information provided shall be limited to the record of
convictions and any arrest for which the person is released on bail
or on his or her own recognizance pending trial.
   If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data to
the current or prospective employee to whom the data relates.
   Any information obtained from the state summary criminal history
is confidential and the receiving public utility or cable corporation
shall not disclose its contents, other than for the purpose for
which it was acquired. The state summary criminal history information
in the possession of the public utility or cable corporation and all
copies made from it shall be destroyed not more than 30 days after
employment or promotion or transfer is denied or granted, except for
those cases where a current or prospective employee is out on bail or
on his or her own recognizance pending trial, in which case the
state summary criminal history information and all copies shall be
destroyed not more than 30 days after the case is resolved.
   A violation of this paragraph is a misdemeanor, and shall give the
current or prospective employee who is injured by the violation a
cause of action against the public utility or cable corporation to
recover damages proximately caused by the violations. Any public
utility's or cable corporation's request for state summary criminal
history information for purposes of employing current or prospective
employees who may be seeking entrance to private residences or
adjacent grounds in the course of their employment shall be deemed a
"compelling need" as required to be shown in this subdivision.
   Nothing in this section shall be construed as imposing any duty
upon public utilities or cable corporations to request state summary
criminal history information on any current or prospective employees.

   (B) For purposes of this paragraph, "cable corporation" means any
corporation or firm that transmits or provides television, computer,
or telephone services by cable, digital, fiber optic, satellite, or
comparable technology to subscribers for a fee.
   (C) Requests for federal level criminal history information
received by the Department of Justice from entities authorized
pursuant to subparagraph (A) shall be forwarded to the Federal Bureau
of Investigation by the Department of Justice. Federal level
criminal history information received or compiled by the Department
of Justice may then be disseminated to the entities referenced in
subparagraph (A), as authorized by law.
   (D) (i) Authority for a cable corporation to request state or
federal level criminal history information under this paragraph shall
commence July 1, 2005.
   (ii) Authority for a public utility to request federal level
criminal history information under this paragraph shall commence July
1, 2005.
   (10) To any campus of the California State University or the
University of California, or any four-year college or university
accredited by a regional accreditation organization approved by the
United States Department of Education, if needed in conjunction with
an application for admission by a convicted felon to any special
education program for convicted felons, including, but not limited
to, university alternatives and halfway houses. Only conviction
information shall be furnished. The college or university may require
the convicted felon to be fingerprinted, and any inquiry to the
department under this section shall include the convicted felon's
fingerprints and any other information specified by the department.
   (d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped "no criminal record" and returned to the person or entity
making the request.
   (e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department of
Justice may charge the person or entity making the request a fee that
it determines to be sufficient to reimburse the department for the
cost of furnishing the information. In addition, the Department of
Justice may add a surcharge to the fee to fund maintenance and
improvements to the systems from which the information is obtained.
Notwithstanding any other law, any person or entity required to pay a
fee to the department for information received under this section
may charge the applicant a fee sufficient to reimburse the person or
entity for this expense. All moneys received by the department
pursuant to this section, Sections 11105.3 and 12054 of the Penal
Code, and Section 13588 of the Education Code shall be deposited in a
special account in the General Fund to be available for expenditure
by the department to offset costs incurred pursuant to those sections
and for maintenance and improvements to the systems from which the
information is obtained upon appropriation by the Legislature.
   (f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits submitted
pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the
Business and Professions Code shall take priority over the processing
of other applicant fingerprints.
   (g) It is not a violation of this section to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
   (h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
   (i) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information checks that are authorized by law.
   (j) The state summary criminal history information shall include
any finding of mental incompetence pursuant to Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 arising out of a complaint
charging a felony offense specified in Section 290.
   (k) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization and the information is to be used for peace officer
employment or certification purposes. As used in this subdivision, a
peace officer is defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2.
   (2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction rendered against the applicant.
   (B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
   (C) Every arrest or detention, except for an arrest or detention
resulting in an exoneration, provided, however, that where the
records of the Department of Justice do not contain a disposition for
the arrest, the
Department of Justice first makes a genuine effort to determine the
disposition of the arrest.
   (D) Every successful diversion.
   (l) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by a criminal justice
agency or organization as defined in Section 13101 of the Penal Code,
and the information is to be used for criminal justice employment,
licensing, or certification purposes.
   (2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction rendered against the applicant.
   (B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
   (C) Every arrest for an offense for which the records of the
Department of Justice do not contain a disposition or did not result
in a conviction, provided that the Department of Justice first makes
a genuine effort to determine the disposition of the arrest. However,
information concerning an arrest shall not be disclosed if the
records of the Department of Justice indicate or if the genuine
effort reveals that the subject was exonerated, successfully
completed a diversion or deferred entry of judgment program, or the
arrest was deemed a detention.
   (m) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871
of the Health and Safety Code, or any statute that incorporates the
criteria of any of those sections or this subdivision by reference,
and the information is to be used for employment, licensing, or
certification purposes.
   (2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction of an offense rendered against the applicant.

   (B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
   (C) Every arrest for an offense for which the Department of Social
Services is required by paragraph (1) of subdivision (a) of Section
1522 of the Health and Safety Code to determine if an applicant has
been arrested. However, if the records of the Department of Justice
do not contain a disposition for an arrest, the Department of Justice
shall first make a genuine effort to determine the disposition of
the arrest.
   (3) Notwithstanding the requirements of the sections referenced in
paragraph (1) of this subdivision, the Department of Justice shall
not disseminate information about an arrest subsequently deemed a
detention or an arrest that resulted in either the successful
completion of a diversion program or exoneration.
   (n) (1) This subdivision shall apply whenever state or federal
summary criminal history information, to be used for employment,
licensing, or certification purposes, is furnished by the Department
of Justice as the result of an application by an authorized agency,
organization, or individual pursuant to any of the following:
   (A) Paragraph (9) of subdivision (c), when the information is to
be used by a cable corporation.
   (B) Section 11105.3 or 11105.4.
   (C) Section 15660 of the Welfare and Institutions Code.
   (D) Any statute that incorporates the criteria of any of the
statutory provisions listed in subparagraph (A), (B), or (C), or of
this subdivision, by reference.
   (2) With the exception of applications submitted by transportation
companies authorized pursuant to Section 11105.3, and
notwithstanding any other provision of law, whenever state summary
criminal history information is furnished pursuant to paragraph (1),
the Department of Justice shall disseminate the following
information:
   (A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in
subdivision (a) of Section 15660 of the Welfare and Institutions
Code. However, with the exception of those offenses for which
registration is required pursuant to Section 290, the Department of
Justice shall not disseminate information pursuant to this
subdivision unless the conviction occurred within 10 years of the
date of the agency's request for information or the conviction is
over 10 years old but the subject of the request was incarcerated
within 10 years of the agency's request for information.
   (B) Every arrest for a violation or attempted violation of an
offense specified in subdivision (a) of Section 15660 of the Welfare
and Institutions Code for which the applicant is presently awaiting
trial, whether the applicant is incarcerated or has been released on
bail or on his or her own recognizance pending trial.
   (o) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 261, 777.5, 4990, 6525, or 14409.2,
of the Financial Code, or any statute that incorporates the criteria
of either of those sections or this subdivision by reference, and
the information is to be used for employment, licensing, or
certification purposes.
   (2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in Section
777.5 of the Financial Code.
   (B) Every arrest for a violation or attempted violation of an
offense specified in Section 777.5 of the Financial Code for which
the applicant is presently awaiting trial, whether the applicant is
incarcerated or has been released on bail or on his or her own
recognizance pending trial.
   (p) (1) This subdivision shall apply whenever state or federal
criminal history information is furnished by the Department of
Justice as the result of an application by an agency, organization,
or individual not defined in subdivision (k), (l), (m), (n), or (o),
or by a transportation company authorized pursuant to Section
11105.3, or any statute that incorporates the criteria of that
section or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
   (2) Notwithstanding any other provisions of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction rendered against the applicant.
   (B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
   (q) All agencies, organizations, or individuals defined in
subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
Department of Justice for subsequent arrest notification pursuant to
Section 11105.2. This subdivision shall not supersede sections that
mandate an agency, organization, or individual to contract with the
Department of Justice for subsequent arrest notification pursuant to
Section 11105.2.
   (r) Nothing in this section shall be construed to mean that the
Department of Justice shall cease compliance with any other statutory
notification requirements.
   (s) The provisions of Section 50.12 of Title 28 of the Code of
Federal Regulations are to be followed in processing federal criminal
history information.
  SEC. 17.  Section 11167 of the Penal Code is amended to read:
   11167.  (a) Reports of suspected child abuse or neglect pursuant
to Section 11166 shall include the name, business address, and
telephone number of the mandated reporter; the capacity that makes
the person a mandated reporter; and the information that gave rise to
the reasonable suspicion of child abuse or neglect and the source or
sources of that information. If a report is made, the following
information, if known, shall also be included in the report: the
child's name, the child's address, present location, and, if
applicable, school, grade, and class; the names, addresses, and
telephone numbers of the child's parents or guardians; and the name,
address, telephone number, and other relevant personal information
about the person or persons who might have abused or neglected the
child. The mandated reporter shall make a report even if some of this
information is not known or is uncertain to him or her.
   (b) Information relevant to the incident of child abuse or neglect
may be given to an investigator from an agency that is investigating
the known or suspected case of child abuse or neglect.
   (c) Information relevant to the incident of child abuse or
neglect, including the investigation report and other pertinent
materials, may be given to the licensing agency when it is
investigating a known or suspected case of child abuse or neglect.
   (d) (1) The identity of all persons who report under this article
shall be confidential and disclosed only among agencies receiving or
investigating mandated reports, to the prosecutor in a criminal
prosecution or in an action initiated under Section 602 of the
Welfare and Institutions Code arising from alleged child abuse, or to
counsel appointed pursuant to subdivision (c) of Section 317 of the
Welfare and Institutions Code, or to the county counsel or prosecutor
in a proceeding under Part 4 (commencing with Section 7800) of
Division 12 of the Family Code or Section 300 of the Welfare and
Institutions Code, or to a licensing agency when abuse or neglect in
out-of-home care is reasonably suspected, or when those persons waive
confidentiality, or by court order.
   (2) No agency or person listed in this subdivision shall disclose
the identity of any person who reports under this article to that
person's employer, except with the employee's consent or by court
order.
   (e) Notwithstanding the confidentiality requirements of this
section, a representative of a child protective services agency
performing an investigation that results from a report of suspected
child abuse or neglect made pursuant to Section 11166, at the time of
the initial contact with the individual who is subject to the
investigation, shall advise the individual of the complaints or
allegations against him or her, in a manner that is consistent with
laws protecting the identity of the reporter under this article.
   (f) Persons who may report pursuant to subdivision (f) of Section
11166 are not required to include their names.
  SEC. 18.  Section 11170 of the Penal Code is amended to read:
   11170.  (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse and severe neglect submitted pursuant
to Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be unfounded. The department may adopt rules governing recordkeeping
and reporting pursuant to this article.
   (2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index pursuant to paragraph (1). The submitting
agencies are responsible for the accuracy, completeness, and
retention of the reports described in this section. The department
shall be responsible for ensuring that the Child Abuse Central Index
accurately reflects the report it receives from the submitting
agency.
   (3) Information from an inconclusive or unsubstantiated report
filed pursuant to subdivision (a) of Section 11169 shall be deleted
from the Child Abuse Central Index after 10 years if no subsequent
report concerning the same suspected child abuser is received within
that time period. If a subsequent report is received within that
10-year period, information from any prior report, as well as any
subsequently filed report, shall be maintained on the Child Abuse
Central Index for a period of 10 years from the time the most recent
report is received by the department.
   (b) (1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting medical practitioner, child custodian, guardian ad litem
appointed under Section 326, or counsel appointed under Section 317
or 318 of the Welfare and Institutions Code, or the appropriate
licensing agency, if he or she is treating or investigating a case of
known or suspected child abuse or severe neglect.
   (2) When a report is made pursuant to subdivision (a) of Section
11166, the investigating agency, upon completion of the investigation
or after there has been a final disposition in the matter, shall
inform the person required to report of the results of the
investigation and of any action the agency is taking with regard to
the child or family.
   (3) The Department of Justice shall make available to a law
enforcement agency, county welfare department, or county probation
department that is conducting a child abuse investigation relevant
information contained in the index.
   (4) The department shall make available to the State Department of
Social Services or to any county licensing agency that has
contracted with the state for the performance of licensing duties
information regarding a known or suspected child abuser maintained
pursuant to this section and subdivision (a) of Section 11169
concerning any person who is an applicant for licensure or any adult
who resides or is employed in the home of an applicant for licensure
or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the
Family Code.
   (5) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information maintained in the Child Abuse
Central Index pursuant to subdivision (a) of Section 11170 relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
   (6) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, Article 2 (commencing with
Section 1510) or Article 3 (commencing with Section 1540) of Chapter
1 of Part 2 of Division 4 of the Probate Code, information regarding
a known or suspected child abuser contained in the index concerning
any adult residing in the home where the child may be placed, when
this information is requested for purposes of ensuring that the
placement is in the best interests of the child. Upon receipt of
relevant information concerning child abuse or neglect investigation
reports contained in the index from the Department of Justice
pursuant to this subdivision, the agency or court investigator shall
notify, in writing, the person listed in the Child Abuse Central
Index that he or she is in the index. The notification shall include
the name of the reporting agency and the date of the report.
   (7) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
   (8) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or an investigative agency,
probation officer, or court investigator responsible for placing
children or assessing the possible placement of children pursuant to
paragraph (6), or a government agency conducting a background
investigation of an applicant seeking employment as a peace officer
pursuant to paragraph (7), to whom disclosure of any information
maintained pursuant to subdivision (a) is authorized, are responsible
for obtaining the original investigative report from the reporting
agency, and for drawing independent conclusions regarding the quality
of the evidence disclosed, and its sufficiency for making decisions
regarding investigation, prosecution, licensing, placement of a
child, or employment as a peace officer.
   (B) If Child Abuse Central Index information is requested by an
agency for the temporary placement of a child in an emergency
situation pursuant to Article 7 (commencing with Section 305) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, the department is exempt from the requirements of Section
1798.18 of the Civil Code if compliance would cause a delay in
providing an expedited response to the agency's inquiry and if
further delay in placement may be detrimental to the child.
   (9) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing pursuant to paragraph (4) or (7), the
Department of Justice may charge the person or entity making the
request a fee. The fee shall not exceed the reasonable costs to the
department of providing the information. The only increase shall be
at a rate not to exceed the legislatively approved cost-of-living
adjustment for the department. In no case shall the fee exceed
fifteen dollars ($15).
   (B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund.  Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
   (C) All moneys, other than that described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the DNA offender identification file (CAL-DNA)
authorized by Chapter 9.5 (commencing with Section 13885) of Title 6
of Part 4 and the DNA and Forensic Identification Data Base and Data
Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9
of Part 1).
   (c) The Department of Justice shall make available to any agency
responsible for placing children pursuant to Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, upon request, relevant information concerning
child abuse or neglect reports contained in the index, when making a
placement with a responsible relative pursuant to Sections 281.5,
305, and 361.3 of the Welfare and Institutions Code. Upon receipt of
relevant information concerning child abuse or neglect reports
contained in the index from the Department of Justice pursuant to
this subdivision, the agency shall also notify in writing the person
listed in the Child Abuse Central Index that he or she is in the
index. The notification shall include the location of the original
investigative report and the submitting agency. The notification
shall be submitted to the person listed at the same time that all
other parties are notified of the information, and no later than the
actual judicial proceeding that determines placement.
   If Child Abuse Central Index information is requested by an agency
for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section
305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code, the department is exempt from the requirements of
Section 1798.18 of the Civil Code if compliance would cause a delay
in providing an expedited response to the child protective agency's
inquiry and if further delay in placement may be detrimental to the
child.
   (d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, identifying the suspected abuser
or victim by name. The request shall be signed by the department
supervisor of the requesting law enforcement agency. The written
requests shall cite the out-of-state statute or interstate compact
provision that requires that the information contained within these
reports shall be disclosed only to law enforcement, prosecutorial
entities, or multidisciplinary investigative teams, and shall cite
the criminal penalties for unlawful disclosure of any confidential
information provided by the requesting state or the applicable
interstate compact provision. In the absence of a specified
out-of-state statute or interstate compact provision that requires
that the information contained within these reports shall be
disclosed only to law enforcement, prosecutorial entities, or
multidisciplinary investigative teams, and criminal penalties
equivalent to the penalties in California for unlawful disclosure,
access shall be denied.
   (e) (1) Any person may determine if he or she is listed in the
Child Abuse Central Index by making a request in writing to the
Department of Justice. The request shall be notarized and include the
person's name, address, date of birth, and either a social security
number or a California identification number. Upon receipt of a
notarized request, the Department of Justice shall make available to
the requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible for
obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
   (2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1) of this subdivision.
   (f) If a person is listed in the Child Abuse Central Index only as
a victim of child abuse or neglect, and that person is 18 years of
age or older, that person may have his or her name removed from the
index by making a written request to the Department of Justice. The
request shall be notarized and include the person's name, address,
social security number, and date of birth.
  SEC. 19.  Section 12555 of the Penal Code is amended to read:
   12555.  (a) Any person who, for commercial purposes, purchases,
sells, manufactures, ships, transports, distributes, or receives, by
mail order or in any other manner, an imitation firearm except as
authorized by this section shall be liable for a civil fine in an
action brought by the city attorney or the district attorney of not
more than ten thousand dollars ($10,000) for each violation.
   (b) The manufacture, purchase, sale, shipping, transport,
distribution, or receipt, by mail or in any other manner, of
imitation firearms is authorized if the device is manufactured,
purchased, sold, shipped, transported, distributed, or received for
any of the following purposes:
   (1) Solely for export in interstate or foreign commerce.
   (2) Solely for lawful use in theatrical productions, including
motion picture, television, and stage productions.
   (3) For use in a certified or regulated sporting event or
competition.
   (4) For use in military or civil defense activities, or ceremonial
activities.
   (5) For public displays authorized by public or private schools.
   (c) As used in this section, "imitation firearm" does not include
any of the following:
   (1) A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a wall
plaque or presentation case.
   (2) A BB device, as defined in subdivision (g) of Section 12001.
   (3) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern, as
provided by federal regulations governing imitation firearms, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete                                                contents, as
provided by federal regulations governing imitation firearms.
  SEC. 20.  Section 13851 of the Penal Code is amended to read:
   13851.  (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial, training, and technical assistance for local
law enforcement, called the California Career Criminal Apprehension
Program. All funds made available to the agency or agencies
designated by the Director of Finance pursuant to Section 13820 for
the purposes of this chapter shall be administered and disbursed by
the executive director of the agency or agencies designated by the
Director of Finance pursuant to Section 13820.
   (b) The executive director is authorized to allocate and award
funds to those local units of government or combinations thereof, in
which a special program is established in law enforcement agencies
that meets the criteria set forth in Sections 13852 and 13853.
   (c) The allocation and award of funds shall be made upon
application executed by the chief law enforcement officer of the
applicant unit of government and approved by the legislative body.
Funds disbursed under this chapter shall not supplant local funds
that would, in the absence of the California Career Criminal
Apprehension Program, be made available to support the apprehension
of multiple or repeat felony criminal offenders.
   (d) The executive director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall prepare and
issue administrative guidelines and procedures for the California
Career Criminal Apprehension Program consistent with this chapter.
   (e) These guidelines shall set forth the terms and conditions upon
which the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to offer grants of funds
pursuant to statutory authority. The guidelines do not constitute
rules, regulations, orders or standards of general application.
  SEC. 21.  Section 13353 of the Vehicle Code is amended to read:
   13353.  (a) If a person refuses the officer's request to submit
to, or fails to complete, a chemical test or tests pursuant to
Section 23612, upon receipt of the officer's sworn statement that the
officer had reasonable cause to believe the person had been driving
a motor vehicle in violation of Section 23140, 23152, or 23153, and
that the person had refused to submit to, or did not complete, the
test or tests after being requested by the officer, the department
shall do one of the following:
   (1) Suspend the person's privilege to operate a motor vehicle for
a period of one year.
   (2) Revoke the person's privilege to operate a motor vehicle for a
period of two years if the refusal occurred within 10 years of
either (A) a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, that resulted in a conviction, or (B) a suspension or
revocation of the person's privilege to operate a motor vehicle
pursuant to this section or Section 13353.2 for an offense that
occurred on a separate occasion.
   (3) Revoke the person's privilege to operate a motor vehicle for a
period of three years if the refusal occurred within 10 years of any
of the following:
   (A) Two or more separate violations of Section 23103 as specified
in Section 23103.5, or of Section 23140, 23152, or 23153, or of
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of
the Penal Code, or any combination thereof, that resulted in
convictions.
   (B) Two or more suspensions or revocations of the person's
privilege to operate a motor vehicle pursuant to this section or
Section 13353.2 for offenses that occurred on separate occasions.
   (C) Any combination of two or more of those convictions or
administrative suspensions or revocations.
   The officer's sworn statement shall be submitted pursuant to
Section 13380 on a form furnished or approved by the department. The
suspension or revocation shall not become effective until 30 days
after the giving of written notice thereof, or until the end of any
stay of the suspension or revocation, as provided for in Section
13558.
   (D) For the purposes of this section, a conviction of any offense
in any state, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the
Dominion of Canada that, if committed in this state, would be a
violation of Section 23103, as specified in Section 23103.5, or
Section 23140, 23152, or 23153, or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, is a conviction of
that particular section of the Vehicle Code or Penal Code.
   (b) If a person on more than one occasion in separate incidents
refuses the officer's request to submit to, or fails to complete, a
chemical test or tests pursuant to Section 23612 while driving a
motor vehicle, upon the receipt of the officer's sworn statement that
the officer had reasonable cause to believe the person had been
driving a motor vehicle in violation of Section 23140, 23152, or
23153, the department shall disqualify the person from operating a
commercial motor vehicle for the rest of his or her lifetime.
   (c) The notice of the order of suspension or revocation under this
section shall be served on the person by a peace officer pursuant to
Section 23612. The notice of the order of suspension or revocation
shall be on a form provided by the department. If the notice of the
order of suspension or revocation has not been served by the peace
officer pursuant to Section 23612, the department immediately shall
notify the person in writing of the action taken.  The peace officer
who serves the notice, or the department, if applicable, also shall
provide, if the officer or department, as the case may be, determines
that it is necessary to do so, the person with the appropriate
non-English notice developed pursuant to subdivision (d) of Section
14100.
   (d) Upon the receipt of the officer's sworn statement, the
department shall review the record. For purposes of this section, the
scope of the administrative review shall cover all of the following
issues:
   (1) Whether the peace officer had reasonable cause to believe the
person had been driving a motor vehicle in violation of Section
23140, 23152, or 23153.
   (2) Whether the person was placed under arrest.
   (3) Whether the person refused to submit to, or did not complete,
the test or tests after being requested by a peace officer.
   (4) Whether, except for a person described in subdivision (a) of
Section 23612 who is incapable of refusing, the person had been told
that his or her driving privilege would be suspended or revoked if he
or she refused to submit to, or did not complete, the test or tests.

   (e) The person may request an administrative hearing pursuant to
Section 13558. Except as provided in subdivision (e) of Section
13558, the request for an administrative hearing does not stay the
order of suspension or revocation.
   (f) The suspension or revocation imposed under this section shall
run concurrently with any restriction, suspension, or revocation
imposed under Section 13352, 13352.4, or 13352.5 that resulted from
the same arrest.
   (g) This section shall become operative on September 20, 2005.
  SEC. 22.  Section 14601.2 of the Vehicle Code is amended to read:
   14601.2.  (a) No person shall drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked for a
conviction of a violation of Section 23152 or 23153 if the person so
driving has knowledge of the suspension or revocation.
   (b) Except in full compliance with the restriction, no person
shall drive a motor vehicle at any time when that person's driving
privilege is restricted, if the person so driving has knowledge of
the restriction.
   (c) Knowledge of suspension or revocation of the driving privilege
shall be conclusively presumed if mailed notice has been given by
the department to the person pursuant to Section 13106. Knowledge of
restriction of the driving privilege shall be presumed if notice has
been given by the court to the person. The presumption established by
this subdivision is a presumption affecting the burden of proof.
   (d) Any person convicted of a violation of this section shall be
punished as follows:
   (1) Upon a first conviction, by imprisonment in the county jail
for not less than 10 days or more than six months and by a fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000), unless the person has been designated an habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
   (2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5, by imprisonment in the county
jail for not less than 30 days or more than one year and by a fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000), unless the person has been designated an habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
   (e) If a person is convicted of a first offense under this section
and is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
   (f) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5 and is granted probation, the
court shall impose as a condition of probation that the person be
confined in the county jail for at least 30 days.
   (g) If any person is convicted of a second or subsequent offense
that results in a conviction of this section within seven years, but
over five years, of a prior offense that resulted in a conviction of
a violation of this section or Section 14601, 14601.1, or 14601.5 and
is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
   (h) Pursuant to Section 23575, the court shall require any person
convicted of a violation of this section to install a certified
ignition interlock device on any vehicle the person owns or operates.

   (i) Nothing in this section prohibits a person who is
participating in, or has completed, an alcohol or drug rehabilitation
program from driving a motor vehicle that is owned or utilized by
the person's employer, during the course of employment on private
property that is owned or utilized by the employer, except an
offstreet parking facility as defined in subdivision (c) of Section
12500.
   (j) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
   (k) This section shall become operative on September 20, 2005.
  SEC. 23.  Section 22358.4 of the Vehicle Code is amended to read:
   22358.4.  Whenever a local authority determines upon the basis of
an engineering and traffic survey that the prima facie speed limit of
25 miles per hour established by paragraph (2) of subdivision (a) of
Section 22352 is more than is reasonable or safe, the local
authority may, by ordinance or resolution, determine and declare a
prima facie speed limit of 20 or 15 miles per hour, whichever is
justified as the appropriate speed limit by that survey. The
ordinance or resolution shall not be effective until appropriate
signs giving notice of the speed limit are erected upon the highway
and, in the case of a state highway, until the ordinance is approved
by the Department of Transportation and the appropriate signs are
erected upon the highway.
  SEC. 24.  Section 23593 of the Vehicle Code is amended to read:
   23593.  (a) The court shall advise a person convicted of a
violation of Section 23103, as specified in Section 23103.5, or a
violation of Section 23152 or 23153, as follows:"You are hereby
advised that being under the influence of alcohol or drugs, or both,
impairs your ability to safely operate a motor vehicle. Therefore, it
is extremely dangerous to human life to drive while under the
influence of alcohol or drugs, or both. If you continue to drive
while under the influence of alcohol or drugs, or both, and, as a
result of that driving, someone is killed, you can be charged with
murder."
   (b) The advisory statement may be included in a plea form, if
used, or the fact that the advice was given may be specified on the
record.
   (c) The court shall include on the abstract of the conviction or
violation submitted to the department under Section 1803 or 1816, the
fact that the person has been advised as required under subdivision
(a).
  SEC. 25.  Any section of any act, except Senate Bill 1107, enacted
by the Legislature during the 2005 calendar year that takes effect on
or before January 1, 2006, and that amends, amends and renumbers,
adds, repeals and adds, or repeals any one or more of the sections
affected by this act, shall prevail over this act, whether this act
is enacted prior to, or subsequent to, the enactment of this act. The
repeal, or repeal and addition, of any article, chapter, part,
title, or division of any code by this act shall not become operative
if any section of any other act that is enacted by the Legislature
during the 2005 calendar year and takes effect on or before January
1, 2006, amends, amends and renumbers, adds, repeals and adds, or
repeals any section contained in that article, chapter, part, title,
or division.