BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                  SB 428
                                                                  Page  1

          Date of Hearing:  June 21, 2011
          Counsel:       Sandy Uribe


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   SB 428 (Strickland) - As Amended:  May 31, 2011


           SUMMARY  :  Makes technical and corrective changes, as well as 
          non-controversial substantive changes, to various code sections 
          relating to criminal justice laws.  Specifically,  this bill :

          1)Adds an inadvertently omitted cross-reference to an existing 
            provision of law relating to the dissemination of financial 
            records.

          2)Clarifies that reimbursement to counties for homicide trials 
            after a change of venue was to apply prospectively from 
            January 1, 1990, rather than for cases predating that date.

          3)Removes outdated legacy language referring to a reduction of 
            the court construction penalty based on the amount contributed 
            locally to the Transitional State Court Facilities 
            Construction Fund, which is non-existent.

          4)Clarifies that the criminal court may obtain a thumbprint of a 
            defendant as early in the proceedings as if feasible in light 
            of local calendar management practices.  

          5)Adds an omitted cross-reference change to the statute relating 
            to the dismissal of charges after termination of probation 
            which was inadvertently chaptered out by one of two bills 
            enacting a non-substantive reorganization of the deadly weapon 
            statutes. 

          6)Clarifies that any infraction arising from a violation of a 
            local ordinance adopted pursuant to the Vehicle Code is 
            ineligible for expungement relief. 

          7)Allows the Commission of Peace Officer Standards and Training 
            (CPOST) to decline all or part of funds that California 
            Environmental Protection Agency (CalEPA) is directed to 
            disburse to them for training for environmental crimes.








                                                                  SB 428
                                                                  Page  2


          8)Prohibits the towing of a person on, or being towed while on, 
            a tricycle, four-wheeled cycle, surrey, roller skis, wheeled 
            shoes, skateboard, or scooter.

          9)Authorizes the spouse of a peace officer who has died in the 
            line of duty to purchase the deceased spouse's 
            department-issued firearm.

          10)Makes technical corrections to various other code sections.  

           EXISTING LAW  :

          1)Regulates governmental access to financial records and 
            provides that the dissemination of records pursuant to 
            specified provisions shall not be prohibited.  (Government 
            Code Section 7480.)

          2)Provides reimbursement to counties for homicide trials after a 
            change of venue "in cases in which a final judgment was 
            entered prior to January 1, 1990."  ›Government Code Section 
            15202.1(b)(1).]

          3)Provides that the amount of the court construction penalty may 
            be reduced by a county, as specified.  ›Government Code 
            Section 70372(b).]

          4)Requires all felony defendants to provide courts with right 
            thumbprints "immediately following the arraignment in superior 
            court."  ›Penal Code Section 992(a).]

          5)Provides that specified misdemeanors and infractions arising 
            under the Vehicle Code are ineligible for expungement relief. 
            ›Penal Code Section 1203.4a(b).]

          6)Directs CalEPA to provide the POST a portion of the Local 
            Environmental Enforcement and Training funds for the 
            development of environmental crimes training for peace 
            officers.  (Penal Code Section 14314.)

          7)Prohibits a person who is driving a motor vehicle from 
            knowingly towing 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 Section 21712.)








                                                                  SB 428
                                                                  Page  3


          8)Prohibits a person who is riding a motorcycle, motorized 
            bicycle, bicycle, coaster, roller skates, sled or toy vehicle 
            from attaching himself or herself to a motor vehicle for 
            purposes of being towed.  (Vehicle Code Section 21203.)

          9)Authorizes a retired peace officer to purchase his or her 
            department-issued firearm.  ›Public Contract Code Section 
            10334(c).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "SB 428 is the 
            annual public safety omnibus bill.  It makes technical and 
            non-controversial changes to laws affecting public safety.  
            Like previous omnibus bills, this bill requires consensus on 
            all provisions or the provision is removed."

           2)Post Funds for Environmental Crimes Training  :  Penal Code 
            14314 directs CalEPA to provide CPOST with a portion of the 
            Local Environmental Enforcement and Training account for the 
            development of environmental crimes training for peace 
            officers.  This bill allows CPOST 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 for the training of peace 
            officers in environmental crimes. This bill gives CPOST 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.  This bill 
            also gives CalEPA and the California District Attorneys 
            Association the ability to provide reimbursement to attendees 
            for environmental crimes seminars and training conferences, 
            something CPOST cannot do.  

          According to CPOST, at this time, there is no unmet training 
            need.  CPOST 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 CPOST has steadily 
            decreased.  From 2005 to 2007, CPOST received $100,000 








                                                                  SB 428
                                                                  Page  4

            annually; $32,000 in 2008; $72,000 in 2009; and will receive 
            $17,557 for Fiscal Year 2010-11.  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.  This bill allows CPOST to keep its resources 
            focused in areas that are consistent with the priorities and 
            needs of POST-participating agencies.  

           3)Prior Legislation  :

             a)   SB 1062 (Strickland), Chapter 708, Statutes of 2010, was 
               the annual 2010 Public Safety Committee's omnibus bill.

             b)   SB 174 (Strickland), Chapter 35, Statutes of 2009, was 
               the annual 2009 Public Safety Committee's omnibus bill.

             c)   SB 1241 (Margett), Chapter 699, Statutes of 2008, was 
               the annual 2008 Public Safety Committee's omnibus bill.

             d)   SB 425 (Margett), Chapter 302, Statutes of 2007, was the 
               annual 2007 Public Safety Committee's omnibus bill.

             e)   SB 1422 (Margett) Chapter 901, Statutes of 2006, was the 
               annual 2007 Public Safety Committee's omnibus bill.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California District Attorneys Association (Sponsor)

           Opposition 
           
          None

           
          Analysis Prepared by  :    Sandy Uribe / PUB. S. / (916) 319-3744