BILL ANALYSIS Ó SB 428 Page 1 SENATE THIRD READING SB 428 (Strickland) As Amended August 18, 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a change of venue was to apply prospectively from January 1, 1990, rather than for cases predating that date. 3)Removes outdated legacy language referring to a reduction of the court construction penalty based on the amount contributed locally to the Transitional State Court Facilities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 statutes. SB 428 Page 2 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)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. 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." SB 428 Page 3 Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0001793