BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 174
                                                                  Page 1

          Date of Hearing:   June 23, 2009
          Counsel:                Nicole J. Hanson


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                Juan Arambula, Chair

                   SB 174 (Strickland) - As Amended:  May 13, 2009


           SUMMARY  :  Makes technical, corrective changes to various code  
          sections.  Specifically,  this bill  :

          1)Clarifies that the Department of Justice (DOJ) shall provide  
            subsequent arrest and conviction information supporting an  
            applicant's ineligibility to hold an explosives permit.

          2)Explains that every person who is required to register as a  
            sex offender who is living as a transient in California but  
            was convicted in another jurisdiction, shall register within  
            five working days of coming into California with the chief of  
            police of the city in which he or she is present or the  
            sheriff of the county if he or she is present in an  
            unincorporated area or city that has no police department.

          3)Removes the requirement that DOJ must provide annual reports  
            to the Legislature on the service through which members of the  
            public may obtain information on sex offenders via the Megan's  
            Law Internet Web site.

          4)Clarifies that in situations where a person diverts $1,000 or  
            less in construction funds, the person shall be guilty of a  
            misdemeanor. 

          5)Extends the sunset date from January 1, 2010 to January 1,  
            2015 to allow, upon the concurrence of the county board of  
            supervisors, the county mental health director, and the county  
            sheriff, the jail to be designated to provide medically  
            approved medication to defendants found to be mentally  
            incompetent and unable to provide informed consent due to a  
            mental disorder.

          6)Corrects the erroneous titles and adds titles to conform to  
            the addition of the Bureau of Independent Review as follows:   
            Chief Deputy Inspector General (IG); Chief Assistant IG;  








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            Deputy IG; In-Charge, Senior Deputy IG; Deputy IG; Senior  
            Assistant IG; and Special Assistant IG.

          7)Provides that the IG shall be responsible for contemporaneous  
            oversight of internal affairs investigations and the  
            disciplinary process of the California Department of  
            Corrections and Rehabilitation (CDCR) as requested by either  
            the CDCR Secretary or a member of the Legislature.

          8)Specifies each audit of a warden by the IG shall include, but  
            not be limited to, issues relating to personnel, training,  
            investigations, and financial matters.  Each four-year   audit  
            shall include an assessment of the maintenance of the facility  
            managed by the warden. 

          9)Deletes a redundant requirement that persons certified as a  
            fingerprint roller shall have a notarized application. 

          10)Removes the locality specification of Sacramento when  
            referring to DOJ with regard to the transmission of firearm  
            purchaser information.

          11)Updates the definition of "stun gun" as any item, except a  
            less lethal weapon, used or intended to be used as either an  
            offensive or defensive weapon that is capable of temporarily  
            immobilizing a person by the infliction of an electrical  
            charge.

          12)Removes the requirement that annual reports by the DOJ  
            containing criminal statistics of the preceding calendar year  
            must to be printed and presented to the Governor in paper  
            form, thus allowing for electronic distribution. 

          13)Specifies that a deposit of bail does not constitute entry of  
            a plea or a court appearance when a person who has received a  
            written notice to appear for an infraction is required to make  
            a deposit and declare the intention to plead not guilty to the  
            clerk named in the notice to appear.  A plea of not guilty  
            under this section must be made in court at the arraignment. 

          14)Allows out-of-state law enforcement agencies to obtain a  
            complete copy of a juvenile police record, without notice or  
            consent from the person who is the subject of the juvenile  
            police record to the following persons or entities.









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          15)Specifies that employees or agents of CDCR, the Board of  
            Parole Hearings (BPH), or the Department of Mental Health  
            (DMH) may disclose to employees or agents of each named  
            department, the prosecutor, the respondent's counsel, licensed  
            private investigators hired or appointed for the respondent,  
            or other persons or agencies where authorized or required by  
            law, the name, address, telephone number, or other identifying  
            information of a person who was involved in a civil commitment  
            hearing as the victim of a sex offense except where authorized  
            or required by law.

          16)Makes other technical, non-substantive, and cross-referencing  
            changes.

           EXISTING LAW  :

          1)Provides that the DOJ shall make a determination whether an  
            explosives permit can be granted to a person.  (Health and  
            Safety Code Section 12101.)

          2)Requires people convicted of specified sex offenders to  
            register with local authorities including people who are  
            transients.  (Penal Code Section 290 et. seq.)

          3)Mandates that any person who receives money for the  purpose  
            of obtaining or paying for services, labor, materials or   
            equipment and willfully fails to apply such money for such   
            purpose by either willfully failing to complete the  
            improvement for which funds were provided or willfully failing  
            to pay for services, labor, materials or equipment provided  
            incident to such construction, and wrongfully diverts the  
            funds to a use other than that for which the funds were  
            received shall be guilty of an alternate felony/misdemeanor,  
            if the amount diverted is in excess of  $1,000 and by a  
            misdemeanor if the amount is less than $1,000.  (Penal Code  
            Section 484.)

          4)Lists the IG, and the Chief Deputy IG In Charge, the Senior  
            Deputy IG, the Deputy IG, and those employees of the IG as  
            designated by the IG, are peace officers, provided that the  
            primary duty of these peace officers shall be conducting  
            audits of investigatory practices and other audits, as well as  
            conducting investigations, of CDCR, Division of Juvenile  
            Justice and the BPH.  [Penal Code Section 830.2(j).]









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          5)The IG shall review departmental policy and procedures,  
            conduct audits of investigatory practices and other audits,  
            and conduct investigations of the CDCR, as requested by either  
            the Secretary of the CDCR or a member of the Legislature,  
            pursuant to the approval of the IG under policies to be  
            developed by the IG.  The IG may, under policies developed by  
            the IG, initiate an investigation or an audit on his or her  
            own accord.  [Penal Code Section 6126(a)(1).]

          6)States that the IG shall audit each warden of an institution  
            one year after his or her appointment, and shall audit each  
            correctional institution at least once every four years.  Each  
            audit shall include, but not be limited to, issues relating to  
            personnel, training, investigations, and financial matters.   
            Each audit shall include an assessment of the maintenance of  
            the facility managed by the warden.  The audit report shall  
            include the IG's assessment of facility maintenance.  These  
            audit reports shall be provided to the Legislature and shall  
            be made public.  The requirements of this paragraph shall be  
            phased in by the IG so that they are fully met by July 1,  
            2009.  [Penal Code Section 6126(a)(2).]

          7)Requires that individuals who roll fingerprint impressions  
            must satisfactorily complete a notarized written application  
            prescribed by DOJ to determine the fitness of the person to  
            exercise the functions of a fingerprint roller.  [Penal Code  
            Section 11102.1(d)(3).]

          8)Mandates firearm dealers to submit two copies of the original  
            sheet of the register, on the date of the application to  
            purchase firearms, shall be placed in the mail, postage  
            prepaid, and properly addressed to the DOJ in Sacramento.   
            [Penal Code Section 12076(b)(3).]

          9)Requires the records of applicant firearm purchaser  
            information to be transmitted to DOJ in Sacramento by  
            electronic or telephonic transfer on the date of the  
            application to purchase.  [Penal Code Section 12076(c)(2).]

          10)Defines "stun gun" as including any item, except a taser,  
            used or intended to be used as either an offensive or  
            defensive weapon capable of temporally immobilizing a person  
            by the infliction of an electrical charge.  (Penal Code  
            Section 12650.)









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          11)States that DOJ must present to the Governor, on or before  
            July 1st, a printed annual report containing the criminal  
            statistics of the preceding calendar year and to present at  
            other times as the Attorney General (AG) may approve reports  
            on special aspects of criminal statistics.  A sufficient  
            number of copies of all reports shall be printed or otherwise  
            prepared to enable the AG to send a copy to all public  
            officials in the state dealing with criminals and to  
            distribute them generally in channels where they will add to  
            the public enlightenment.  [Penal Code Section 13010(g).]

          12)Holds that a  ny person who has received a written notice to  
            appear   for an infraction may,   prior to the time at which the  
            person is   required to appear, make a deposit and declare the  
            intention to plead   not guilty to the clerk of the court named  
            in the notice to appear.    The deposit shall be in the amount  
            of bail, together with any assessment   for the offense charged,  
            and shall be used for the purpose of   guaranteeing the  
            appearance of the defendant at the time and place   scheduled by  
            the clerk for arraignment and for trial, and to apply   toward  
            the payment of any fine or assessment prescribed by the court   
             in the event of conviction.  The case shall thereupon be set  
            for   arraignment and trial on the same date, unless the  
            defendant requests   separate arraignment.   [Vehicle Code  
            Section  40519(a)  .]

          13)Allows California law enforcement agencies including the  
            office of the AG of California, any district attorney, the  
            CDCR, the Department of the Youth Authority, and any peace  
            officer to obtain a complete copy of a juvenile police record,  
            without notice or consent from the person who is the subject  
            of the juvenile police record.  [Penal Code Section 827.9(b).]

          14)Provides no employee or agent of CDCR, BPH, or DMH shall  
            disclose to any person the name, address, telephone number, or  
            other identifying information of a person who was involved in  
            a civil commitment  hearing under this article as a victim of  
            a sex offense except where authorized or required by law.   
            [Welfare and Institutions Code (WIC) Section 6603.5.]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Background  : According to information provided by the author,  








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            "This is the annual public safety omnibus bill from the  
            Senate.  It makes technical changes."

           2)Amendment to Health and Safety Code Section 12101  :  Currently,  
            subsequent arrest and conviction information is not provided  
            for explosives permit holders under Health and Safety Code  
            Section 12101.  The change in this bill will allow the DOJ to  
            provide such information to local agencies.  
           
           3)Amendment to Penal Code Section 290.011  :  The Sex Offender  
            Registration Act requires persons convicted of registerable  
            sex offenses in out-of-state, federal, or military courts to  
            register in the State of California.  While it is clear that a  
            sex offender from another jurisdiction who moves into a  
            residence has five working days to register [Penal Code  
            Section 290(b)], it is not clear that a transient registerable  
            sex offender convicted in another jurisdiction has five  
            working days after entering California to register.  This  
            amendment clarifies the duty of such a transient sex offender  
            to register. 

           4)Amendment to Penal Code Section 290.46(n)  :  When Megan's Law  
            requirements were first established, the DOJ and other  
            entities such as local law enforcement agencies were very  
            active in developing and implementing the various aspects of  
            the statutory mandates.  These activities included developing  
            the original data base for information dissemination and  
            making it available to the public.  These efforts culminated  
            in the development and implementation of the Megan's Law  
            Internet Web site during 2004.  At that time, the annual  
            reports were filled with updates on the activities needed to  
            accomplish the goals set forth by the Legislature.  In recent  
            years, Megan's Law requirements have stabilized and the  
            actions of the affected entities have become routine.   
            Consequently, the annual report has become a restatement of  
            information from prior years' reports, with no new  
            information.  The established success of the Megan's Law  
            public notification process has obviated the need for an  
            annual update.

           5)Amendment to Penal Code Section 484b  :  Penal Code Section 484b  
            (Diversion of Construction Funds) makes it an alternate  
            felony/misdemeanor to divert in excess of $1,000 in  
            construction funds.  The statute also makes it a misdemeanor  
            to divert less than $1,000 in construction funds and, thus,  








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            fails to address a diversion of $1,000 exactly.  The statute  
            should be amended to make it a misdemeanor to divert $1,000 or  
            less in construction funds.  

           6)Amendment to Penal Code Section 11102.1(d)(3)  :  In order for a  
            person to be certified to roll fingerprint images for non-law  
            enforcement purposes, the applicant must submit a copy of his  
            or her fingerprints along with a notarized written  
            application.  This notarization requirement is unique to this  
            application type and is redundant in light of the fact that  
            fingerprints must be submitted along with the application,  
            thus, this requirement should be deleted.

           7)Amendment to Welfare and Institutions Code Section  
            827.9(b)(1)  :  This bill amends WIC Section 827.9(b)(1) to  
            allow for vital information sharing with other law enforcement  
            agencies in neighboring states.  Over the last few years,  
            there has been a tremendous increase in the number of gang  
            members who are living, or now residing, in neighboring states  
            (such as Nevada and Arizona).  Some of these gang members are  
            juveniles.  In an effort to better communicate and share  
            information with other law enforcement agencies, California  
            has developed a computer information sharing system called,  
            "CopLink".  The problem law enforcement has encountered is  
            that WIC Section 827.0(b)(1) only allows law enforcement to  
            share information on juveniles between California law  
            enforcement agencies. Thus, states sharing information with  
            California law enforcement do not have reciprocity to  
            California's information or databases through CopLink. This  
            amendment grants interstate access. 

           8)Amendment to Welfare and Institutions Code Section 6603.5  :  AB  
            2410 (Nava), Chapter 155, Statutes of 2008, ensures the  
            protection of the name, address, telephone number, and other  
            personal identifying information of victims and witnesses from  
            being released to a respondent, his/her family, or any other  
            person in sexually violent predator petitions.  In drafting  
            the regulations to implement the provisions of AB 2410, BPH  
            and DMH requested more explicit authority as to whom they may  
            authorize the release of personal identifying information.  

           9)Argument in Support  :  According to the  California District  
            Attorneys Association  (the sponsor of this bill), "As you  
            know, the utility of this measure is to make minor and  
            technical changes to various statutes relating to crime and  








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            criminal procedure in a way that results in no opposition.  We  
            understand and agree with the custom and practice t hat  
            requires the removal f any provision that draws opposition to  
            ensure that this bill remains completely non-controversial."

           10)Prior Legislation  :

             a)   SB 1241 (Margett), Chapter 699, Statutes of 2008, made  
               various technical, non-substantive, and clarifying changes  
               to the law.

             b)   SB 425 (Margett), Chapter 302, Statutes of 2007, made  
               various technical, non-substantive, and clarifying changes  
               to the law.

             c)   SB 1422 (Margett), Chapter 901, Statutes of 2006, made  
               various technical, non-substantive, and clarifying changes  
               to the law.

             d)   SB 1107 (Public Safety Committee), Chapter 279, Statutes  
               of 2005, made various technical, non-substantive, and  
               clarifying changes to the law.

             e)   SB 1796 (Public Safety Committee), Chapter 405, Statutes  
               of 2004, made various technical, non-substantive, and  
               clarifying changes to the law.

             f)   SB 851 (Public Safety Committee), Chapter 468, Statutes  
               of 2003, made various technical, non-substantive, and  
               clarifying changes to the law.

             g)   SB 1852 (Public Safety Committee), Chapter 545, Statutes  
               of 2002, made various technical, non-substantive, and  
               clarifying changes to the law.

             h)   SB 485 (Public Safety Committee), Chapter 473, Statutes  
               of 2001, made various technical, non-substantive, and  
               clarifying changes to the law.

             i)   SB 832 (Public Safety Committee), Chapter 853, Statutes  
               of 1999, made various technical, non-substantive, and  
               clarifying changes to the law.

             j)   SB 1880 (Public Safety Committee), Chapter 606, Statutes  
               of 1998, made various technical, non-substantive, and  








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               clarifying changes to the law.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California District Attorneys Association (Sponsor)
          Sonoma County Board of Supervisors
           
            Opposition 
           
          None


           Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  
          319-3744