BILL ANALYSIS SB 425 Page A Date of Hearing: June 19, 2007 Counsel: Gabriel Caswell ASSEMBLY COMMITTEE ON PUBLIC SAFETY Jose Solorio, Chair SB 425 (Margett) - As Amended: June 11, 2007 As Proposed to Be Amended in Committee SUMMARY : Makes a variety of corrections and minor amendments within a criminal justice omnibus bill. Specifically, this bill : 1)Corrects a cross-reference in the Government Code which does not exist. The corrected code section relates to booking fees. 2)Corrects a cross-referencing error in the Health and Safety Code related to illegal dumping enforcement officers. 3)Corrects a cross-referencing error in the Penal Code which makes reference to the federal crime of mail fraud. 4)Removes an unconstitutional provision from the Penal Code related to loitering. 5)Corrects a cross-referencing error in the Penal Code related to vehicular manslaughter as it applies to waivers of appearance by defense counsel. 6)Alters the terminology in the criminal discovery statute related to enforcement of discovery rules. Specifically changes the word "provide" to "disclose." 7)Adds the recently adopted enhancement for trafficking on the grounds of a drug treatment center, detoxification facility, or homeless shelter to the list of specific enhancements compiled in the Penal Code. 8)Corrects an incorrect reference related to the People's power to dismiss a case in the interest of justice. 9)Adds attorney generals to the list of prosecutorial agencies SB 425 Page B permitted to inspect a juvenile case file. 10)Corrects a grammatical error. Specifically changes the word "residential" to "the residence" due to the grammatical structure of the sentence. EXISTING LAW : 1)Provides that a city which books or processes a person to a jail administered by that city and which does not otherwise incur an administrative fee from the county may establish and collect an administrative fee for an arrested person. Any city whose officer or agent arrests a person is entitled to recover from the arrested person a criminal justice administration fee for administrative costs the city incurs in conjunction with the arrest if the person is convicted of any criminal offense related to the arrest, whether or not it is the offense for which the person was originally booked. Any booking fee imposed pursuant to this section shall be charged to the person booked and not to the arresting entity. Nothing in this section shall be construed to limit the ability of any city to enter into agreements with other local arresting agencies authorizing the imposition of a criminal justice administration fee by that city upon those local arresting agencies for reimbursement of expenses incurred with respect to the booking or other processing of persons into a jail facility operated by that city. (Government Code Section 29550.3.) 2)Provides that every person who commits mail theft as defined by federal law is guilty of a public offense and upon conviction therefore shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. [Penal Code Section 530.5(e).] 3)States, under federal law, that whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, SB 425 Page C package, bag, or mail, or any article or thing contained therein; whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or whoever buys, receives, or conceals, or unlawfully has in his pt her possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted shall be fined under this title, imprisoned not more than five years, or both. (18 USC 1708.) 4)States that any person who loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to identify himself or herself and to account for his or her presence when requested by any peace officer so to do if the surrounding circumstances would indicate to a reasonable person that the public safety demands this identification. [Penal Code Section 647(e).]<1> 5)Provides an exception to the rule permitting individuals charged with misdemeanors to appear through counsel for vehicular manslaughter while intoxicated. [Penal Code Section 977(a)(3)(A).] 6)Defines "vehicular manslaughter while intoxicated" as the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was under the influence of alcohol or drugs, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. [Penal Code Section 191.5(b).] 7)States that before a party may seek court enforcement of any of the disclosures required by the criminal discovery rules, the party shall make an informal request of opposing counsel for the desired materials and information. If, within 15 days, the opposing counsel fails to provide the materials and --------------------------- <1>"Existing Law" by statute only. Unenforceable as it was declared unconstitutional by the United States Supreme Court in 1983. See further discussion in the "Comments" section. SB 425 Page D information requested, the party may seek a court order. Upon a showing that a party has not complied with disclosure requirements and upon a showing that the moving party complied with the informal discovery procedure provided, a court may make any order necessary to enforce the provisions, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure. [Penal Code Section 1054.5(b).] 8)Provides that any person who is convicted of trafficking in heroin, cocaine, cocaine base, methamphetamine, or phencyclidine (PCP), or of a conspiracy to commit trafficking in heroin, cocaine, cocaine base, methamphetamine, or PCP, in addition to the punishment imposed for the conviction, shall be imprisoned in the state prison for an additional one year if the violation occurred upon the grounds of, or within 1,000 feet of, a drug treatment center, detoxification facility, or homeless shelter. (Health and Safety Code Section 11380.7.) 9)States that a judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal must be set forth in an order entered upon the minutes. No dismissal shall be made for any cause which would be ground of demurrer to the accusatory pleading. [Penal Code Section 1385(a).] FISCAL EFFECT : Unknown COMMENTS : 1)Corrects Cross-Reference Related to Booking Fees in the Government Code : In Government Code Section 29551(d), the code references "Section 29950.3", which does not exist. Section 29550.3 is referenced throughout the subdivision and relates to booking fees. The correct reference should be "Section 29550.3". This bill makes the necessary amendment to correct the error. 2)Corrects a Cross-Reference Regarding Authorization to Enforce Rules Related to Prohibited Waste Disposal : HSC Section 117560 sets forth the individuals authorized to enforce laws SB 425 Page E related to illegal dumping of waste. The section references "subdivision (i)" of Penal Code Section 830.7. Subdivision (j) of Penal Code Section 830.7 identifies "illegal dumping enforcement officers" while subdivision (i) references "Los Angeles City Security Officers". Subdivision (j) is the correct cross-reference. This bill corrects the incorrect cross-reference. 3)Corrects a Cross-Reference Related to Mail Fraud : Penal Code Section 530.5(e) specifies that the crime of mail fraud, as defined by federal law, is a public offense punishable as a misdemeanor. The federal law cited in the section to define mail fraud cross-references "Section 1705" of Title 18 of the United States Code. "Section 1708" of 18 USC correctly defines "mail fraud". This bill corrects this cross-reference. 4)Eliminates an Unconstitutional Provision from the Penal Code Related to Loitering : Penal Code Section 647(e) states that it is illegal for an individual to loiter or wander on the street without apparent reason and fail to identify himself or herself to law enforcement when reasonably requested by an officer. In 1983, the United States Supreme Court declared this specific section of the Penal Code unconstitutional due to vagueness, susceptibility to arbitrary enforcement, and failure to provide adequate notice as to what conduct is prohibited. ( Kolender v. Lawson , 461 U.S. 352.) The provision has served no purpose other than to cause confusion since 1983 and should be repealed. This bill repeals the unconstitutional provision. 5)Corrects a Re-Numbered Cross-Reference Related to Vehicular Manslaughter : The Penal Code permits most individuals charged with misdemeanors the right to appear though counsel in court proceedings. An exception has been written into this rule for individuals charged with vehicular manslaughter while intoxicated. However, in 2006, the section related to vehicular manslaughter while intoxicated was re-numbered in the Penal Code. This bill updates the cross-reference. 6)Changes the Language under a Specified Criminal Discovery Statute : The discovery statutes in the Penal Code state that prior to enforcing a discovery violation, the opposing party must fail to "provide" the discovery to the party seeking enforcement. According to Eric von Geldern, Deputy District SB 425 Page F Attorney of Alameda County, and Douglas Pipes, author of California Criminal Discovery , the term "provide" is an anomaly and should be changed to "disclose" to be consistent with the language used throughout the other statutes to describe discovery obligations. This bill amends the language to "disclose." 7)Updates the Specific Sentence Enhancement List to Reflect 2006 Amendment : Penal Code Section 1170.11 sets forth a list of "specific enhancements." HSC Section 11380.7 was enacted in 2006. Section 11380.7 creates an additional penalty for trafficking violation on the grounds of (or within 1,000 feet of) a drug treatment facility or homeless shelter. This bill updates the specific enhancement list to reflect the 2006 addition. 8)Clarifies a Code Section Which References the Prosecution's Power to Dismiss a Case After Filing : In the Penal Code Section regulating motions to return property, the code references the prosecution's power to dismiss the case after filing. Technically, prosecutors have no independent authority to dismiss a case after it has been filed. [ People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 517; People v. Roman (2001) 92 Cal.App.4th 141, 145.] The prosecution may make a motion to dismiss the case which is generally granted by the court. This bill reflects the technical procedure for a prosecution to initiate the dismissal of a criminal case after filing. 9)Adds "Attorney General" to the List of Prosecutors Authorized to Inspect Juvenile Files : Currently, county and city prosecutors are permitted access to inspect juvenile case files. These files can be accessed for purposes of investigation as well as prosecution. The Attorney General's Office is not listed. This bill adds the Attorney General's Office to the list of agencies permitted to inspect juvenile files. 10)Corrects Grammar by Changing "Residential" to "The Residence" in the Code Related to Community Placement of Sexually Violent Predators : Currently, Welfare and Institutions Code Section 6608.8 contains a grammatical error. The code currently states, in part: "[M]atters concerning the residential placement, including any changes or proposed changes in residential of the person, shall be considered and determined SB 425 Page G pursuant to . . . . " [Emphasis added.] This bill would change "residential" to "the residence." 11)Argument in Support : The California District Attorneys Association states, "We are pleased to be a sponsor of your public safety omnibus bill, Senate Bill 425, which would clean up statutory provisions pertaining to crime and criminal procedure. Thank you for addressing these important issues." 12)Argument in Opppsition: None submitted. REGISTERED SUPPORT / OPPOSITION : Support California Department of Justice (Co-Sponsor) California District Attorneys Association (Co-Sponsor) Opposition None Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744