BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                   SB 428|
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                              UNFINISHED BUSINESS

          Bill No:  SB 428
          Author:   Strickland (R)
          Amended:  8/18/11
          Vote:     21

           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 5/3/11
          AYES:  Hancock, Calderon, Harman, Liu, Price, Steinberg
          NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  8-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Lieu, Pavley, Price, 
            Runner, Steinberg
          NO VOTE RECORDED:  Emmerson

           SENATE FLOOR  :  39-0, 6/2/11 (Consent)
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Calderon, 
            Cannella, Corbett, Correa, De León, DeSaulnier, Dutton, 
            Emmerson, Evans, Fuller, Gaines, Hancock, Harman, 
            Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu, 
            Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, 
            Simitian, Steinberg, Strickland, Vargas, Walters, Wolk, 
            Wright, Wyland, Yee
          NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR  :  78-0, 8/22/11 - See last page for vote

           SUBJECT  :    Lesters Law of 2011

           SOURCE  :     Various Sources



                                                                SB 428

           DIGEST  :    This bill enacts Lesters Law which makes 
          technical and corrective changes to various code sections 
          relating generally to criminal justice laws, as specified.

           Assembly Amendments  (1) delete technical amendment to 
          Section 1181 and Section 1387, of the Penal Code; (2) 
          delete changes making it a misdemeanor to possess specified 
          items with felonious intent; (3) delete the expansion of 
          authorization for the Department of Justice to provide 
          subsequent state or federal arrest notification to relative 
          caregivers; and (4) delete provisions prohibiting the 
          towing of a person while that person is on a tricycle, 
          wheeled shoes or a skateboard.

           ANALYSIS  :     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 the California Environmental Protection Agency 
             (CalEPA) to provide the Peace Officer Standards and 
             Training (POST) a portion of the Local Environmental 
             Enforcement and Training funds for the development of 
             environmental crimes training for peace officers.

          This bill makes technical and corrective changes, as well 
          as non-controversial substantive changes, to various code 
          sections relating to criminal justice laws.  Specifically, 



                                                                SB 428

          this bill:

           1. Enacts Lester's Law of 2011 to honor the more than 40 
             years of Legislative service of Lester (Les) Kleinberg.  
             It was during his tenure as a consultant with the Senate 
             Judiciary Committee prior to it splitting into two 
             different committees ( Senate Public Safety) that Lester 
             originated the Omnibus Committee bill in order to reduce 
             the number of bills introduced by placing all technical 
             and corrective changes to various code sections relating 
             general to judiciary and criminal justice laws.

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

           3. 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.

           4. 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 

           5. 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 

           6. 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. 

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

           8. Allows the Commission of POST to decline all or part of 
             funds that CalEPA is directed to disburse to them for 



                                                                SB 428

             training for environmental crimes.

           9. Makes technical corrections to various other code 

           This is the annual omnibus bill  .  In past years, the 
          omnibus bill has been introduced by all members of the 
          Senate Public Safety Committee.  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 

             The bill's provisions make only technical or minor 
             changes to the law.

             There is no opposition by any member of the Legislature 
             or recognized group to the proposal.

          This procedure has allowed for introduction of fewer minor 
          bills and has saved the Legislature time and expense over 
          the years.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2011-12     2012-13    
           2013-14   Fund  

          Reallocation of POST                              Up to 
          $100 annually; no net impact                      General**
          funds               to CalEPA appropriation of funds

          **Environmental Enforcement and Training Account 

           SUPPORT  :   (Verified  8/22/11)

          Judicial Council



                                                                SB 428

          Peace Officers Standards and Training

           ASSEMBLY FLOOR :  78-0, 8/22/11
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Beth 
            Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, 
            Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, 
            Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, 
            Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, 
            Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, 
            Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED: Furutani, Gorell

          RJG:do  8/24/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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