BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 428
                                                                  Page  1


          SENATE THIRD READING
          SB 428 (Strickland)
          As Amended  June 27, 2011
          Majority vote 

           SENATE VOTE  :39-0  
          
           PUBLIC SAFETY       7-0         APPROPRIATIONS      16-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey,          |
          |     |Hagman, Hill, Mitchell,   |     |Blumenfield, Bradford,    |
          |     |Skinner                   |     |Charles Calderon, Campos, |
          |     |                          |     |Donnelly, Gatto, Hall,    |
          |     |                          |     |Hill, Lara, Mitchell,     |
          |     |                          |     |Nielsen, Norby, Solorio,  |
          |     |                          |     |Wagner                    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
          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          3)Removes outdated legacy language referring to a reduction of 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 








                                                                  SB 428
                                                                  Page  2


            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 
            (POST) to decline all or part of funds that California 
            Environmental Protection Agency (CalEPA) is directed to 
            disburse to them for training for environmental crimes.

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

          9)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.  

          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."  

          3)Provides that the amount of the court construction penalty may 
            be reduced by a county, as specified.  

          4)Requires all felony defendants to provide courts with right 
            thumbprints "immediately following the arraignment in superior 
            court."  

          5)Provides that specified misdemeanors and infractions arising 
            under the Vehicle Code are ineligible for expungement relief. 

          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.  

          7)Authorizes a retired peace officer to purchase his or her 








                                                                  SB 428
                                                                  Page  3


            department-issued firearm.  

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, negligible state and local costs.

           COMMENTS  :  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."

          Please see the policy committee analysis for a full discussion 
          of this bill.
           

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



                                                                FN: 0001717