BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 425
                                                                  Page A
          Date of Hearing:   June 19, 2007
          Counsel:       Gabriel Caswell

                                 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  

          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  

          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  

          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  

           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  

           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  
           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  

           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.  

          California Department of Justice (Co-Sponsor)  
          California District Attorneys Association (Co-Sponsor)


          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)