BILL ANALYSIS Ó
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3)Removes outdated legacy language referring to a reduction of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
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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." ÝGovernment Code Section
15202.1(b)(1).]
3)Provides that the amount of the court construction penalty may
be reduced by a county, as specified. ÝGovernment Code
Section 70372(b).]
4)Requires all felony defendants to provide courts with right
thumbprints "immediately following the arraignment in superior
court." ÝPenal Code Section 992(a).]
5)Provides that specified misdemeanors and infractions arising
under the Vehicle Code are ineligible for expungement relief.
ÝPenal 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.)
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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. ÝPublic 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
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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