BILL ANALYSIS Ó SENATE COMMITTEE ON PUBLIC SAFETY Senator Loni Hancock, Chair S 2011-2012 Regular Session B 4 2 8 SB 428 (Strickland) As Amended April 27, 2011 Hearing date: May 3, 2011 Government Code; Penal Code; Public Contract Code; Vehicle Code MK:dl PUBLIC SAFETY OMNIBUS BILL HISTORY Source: Various Prior Legislation: SB 1062 (Strickland) - Ch. 708, Stats. 2010 SB 174 (Strickland) - Ch. 35, Stats. 2009 SB 1241 (Margett) - Ch. 699, Stats. 2008 SB 425 (Margett) - Ch. 302, Stats. 2007 SB 1422 (Margett) - Ch. 901, Stats. 2006 SB 1107 (Senate Committee on Public Safety) - Ch. 279, Stats. 2005 SB 1796 (Senate Committee on Public Safety) - Ch. 405, Stats. 2004 SB 851 (Senate Committee on Public Safety) - Ch. 468, Stats. 2003 SB 1852 (Senate Committee on Public Safety) - Ch. 545, Stats. 2002 SB 485 (Senate Committee on Public Safety) - Ch. 473, Stats. 2001 SB 832 (Senate Committee on Public Safety) - Ch. 853, Stats. 1999 SB 1880 (Senate Committee on Public Safety) - Ch. 606, Stats. 1998 (More) SB 428 (Strickland) Page 2 Support: Unknown Opposition:None known KEY ISSUE SHOULD TECHNICAL AND CORRECTIVE CHANGES BE MADE IN VARIOUS CODE SECTIONS RELATING GENERALLY TO CRIMINAL JUSTICE LAWS, AS SPECIFIED? PURPOSE The purpose of this bill is to make technical and corrective changes to various code sections relating generally to criminal justice laws, as specified. Existing law requires trial courts to mail certain documents, including transcripts of plea and sentencing proceedings, to authorities of the Department of Corrections and Rehabilitation (CDCR) within 60 days of pronouncement of judgment in felony cases resulting in commitments to CDCR institutions. (Penal Code § 1203.1) This bill would instead require the court, within 60 days after judgment has been pronounced only in life, life without parole and death cases, to mail a copy of the charging documents, a copy of the waiver and plea forms, the transcript of the proceedings at the time of the defendant's guilty or no contest plea, if the defendant pleaded guilty of no contest, and the transcript of the proceedings at the time of sentencing to CDCR. In all other cases, courts will provide this information upon CDCR request on a case-by-case basis. Existing law directs CalEPA to provide the Commission on Peace Officers Standards and Training (POST) a portion of the Local Environmental Enforcement and Training for the development of environmental crimes training for peace officers. (Penal Code § 14314) (More) SB 428 (Strickland) Page 3 This bill would allow POST to decline all or part of the funds. Existing law authorizes a peace officer who retires to purchase his or her department issued handgun. (Public Contract Code § 10334) This bill would authorize the spouse of a peace officer, who has died in the line of duty, to purchase their deceased spouse's department issued firearm. Existing law prohibits a person from driving a motor vehicle to tow a person on a motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled or toy vehicle or for a person on such a vehicle to be towed by a motor vehicle. (Vehicle Code §§21203; 21712) This bill would also prohibit the towing of a person on or being towed while on a tricycle, four-wheeled cycle, surrey, roller skis, wheeled shoes, skateboard, or scooter. This bill makes a number of technical amendments to various code sections. RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION For the last several years, severe overcrowding in California's prisons has been the focus of evolving and expensive litigation. As these cases have progressed, prison conditions have continued to be assailed, and the scrutiny of the federal courts over California's prisons has intensified. On June 30, 2005, in a class action lawsuit filed four years earlier, the United States District Court for the Northern District of California established a Receivership to take control of the delivery of medical services to all California state prisoners confined by the California Department of Corrections and Rehabilitation ("CDCR"). In December of 2006, (More) SB 428 (Strickland) Page 4 plaintiffs in two federal lawsuits against CDCR sought a court-ordered limit on the prison population pursuant to the federal Prison Litigation Reform Act. On January 12, 2010, a three-judge federal panel issued an order requiring California to reduce its inmate population to 137.5 percent of design capacity -- a reduction at that time of roughly 40,000 inmates -- within two years. The court stayed implementation of its ruling pending the state's appeal to the U.S. Supreme Court. On Monday, June 14, 2010, the U.S. Supreme Court agreed to hear the state's appeal of this order and, on Tuesday, November 30, 2010, the Court heard oral arguments. A decision is expected as early as this spring. In response to the unresolved prison capacity crisis, in early 2007 the Senate Committee on Public Safety began holding legislative proposals which could further exacerbate prison overcrowding through new or expanded felony prosecutions. This bill does not appear to aggravate the prison overcrowding crisis described above. COMMENTS 1. Purpose of This Bill This is the annual omnibus bill. In past years, the omnibus bill has been introduced by all members of the Committee on Public Safety. This year, like last year, Senator Strickland is carrying the bill. This bill is similar to the ones introduced as Committee bills in the past in that it has been introduced with the following understanding: The bill's provisions make only technical or minor changes to the law; and There is no opposition by any member of the Legislature or recognized group to the proposal. (More) SB 428 (Strickland) Page 5 This procedure has allowed for introduction of fewer minor bills and has saved the Legislature time and expense over the years. 2. Changes to When the Court Sends Transcripts Penal Code section 1203.01 currently requires trial courts to mail certain documents, including transcripts of plea and sentencing proceedings, to authorities of the Department of Corrections and Rehabilitation within 60 days of pronouncement of judgment in felony cases resulting in commitments to CDCR institutions. Courts have struggled for decades to comply with these requirements, and it has become even more difficult in these challenging fiscal times. Because the provision has been in effect for more than 30 years, and in this time of continuing resource reductions, the trial courts asked the Administrative Office of the Courts to collaborate with CDCR to revisit the purpose of the transcript, and to update this provision if possible to reduce the administrative and fiscal impact the current statutory requirement has on the courts. This change, as requested by Judicial Council, will amend Penal Code section 1203.01 to narrow requirements for court transmittal of sentencing transcripts to CDCR to require the court, within 60 days after judgment has been pronounced only in life, life without parole, and death cases, to mail a copy of the charging documents, a copy of waiver and plea forms, if any, the transcript of the proceedings at the time of the defendant's guilty or no contest plea, if the defendant pleaded guilty or no contest, and the transcript of the proceedings at the time of sentencing, to CDCR. In all other cases, courts will provide this information upon CDCR request on a case-by-case basis. (More) 3. POST Funds for Environmental Enforcement Penal Code 14314 directs CalEPA to provide the Commission on POST a portion of the Local Environmental Enforcement and Training account for the development of environmental crimes training for peace officers. The proposed amendment would allow the POST Commission to decline all or part of the funds, and those funds will be available for use by any of the entities listed in the title, including CalEPA and CDAA, for the training of peace officers in environmental crimes. The amendment will give POST the flexibility in determining whether there is a need to update or develop new environmental crimes training and whether sufficient funds are available to accommodate this. It would also give CalEPA and CDAA the ability to provide reimbursement to attendees for environmental crimes seminars and training conferences, something POST cannot do. According to POST, at this time, there is no unmet training need. POST has delivered 1,600 copies of the Environmental Crimes training video to the field, 2,143 students have completed the self-paced course, and a classroom course is being presented through San Diego Regional Training Center starting in February 2011. The amount of the grant varies, depending on the fines allocated to the account by prosecutors, and the amount allocated to POST has steadily decreased. From 2005 to 2007 POST received $100,000 annually, $32,000 in 2008, $72,000 in 2009, and will receive $17,557 for FY 10/11. CalEPA staff has predicted the amount to remain at this level or lower for the next two to three years. However, the cost of producing a training video is $116,000 and the cost to develop a self-paced course is $250,000. The change in PC14314 would allow POST to keep its resources focused in areas that are consistent with the priorities and needs of POST-participating agencies. 4. Allow Purchase of Handgun by Spouse of Deceased Officer This bill specifically authorizes the spouse of a deceased (More) SB 428 (Strickland) Page 7 officer to purchase his or her spouse's state issued handgun. This provision is needed to authorize the spouse of a state peace officer that has died in the line-of-duty to purchase his or her spouse's departmental issued handgun. Numerous spouses have asked to purchase the handgun of their deceased state peace officer spouse after they have died in the line-of-duty as a token of remembrance. Unfortunately, current law does not authorize a state law enforcement agency head to do this. This provision would simply give state law enforcement agency heads the authority to allow this handgun purchase. CHP reports this change would not abrogate any existing handgun transfer requirements. 5. Towing a Person on a Vehicle Vehicle Code Sections 21203 and 21712 prohibit a person from towing, and from being towed by a vehicle on, a person riding a bicycle, a coaster, and various other devices, but does not include skateboards or scooters. There is a very limited authority as to what constitutes a "coaster," but it appears to refer primarily to a wagon or sled. The terms in the bill are archaic and do not cover the types of non-motor vehicles used today. An individual riding a skateboard being towed by a vehicle was recently killed in Ventura County when the wheel of the vehicle hit the skateboard and ejected the rider. Similar deaths have occurred in other areas of the state. Towing a skateboard or scooter is as dangerous as towing the other devices listed in the section and should be prohibited. 6. Technical Amendments This bill makes a number of technical or clarifying amendments to various sections. *************** SB 428 (Strickland) Page 8