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
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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,
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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.
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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
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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
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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
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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