BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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                              UNFINISHED BUSINESS


          Bill No:  SB 1144
          Author:   Strickland (R)
          Amended:  8/16/12
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/24/12
          AYES:  Hancock, Anderson, Calderon, Harman, Liu, Price, 
            Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  39-0, 5/29/12
          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  :  79-0, 8/22/12 - See last page for vote


           SUBJECT  :    Crimes:  public safety omnibus

           SOURCE  :     Author


           DIGEST  :    This bill makes technical and corrective changes 
          to various code sections relating generally to criminal 
          justice laws, as specified.
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                                                               SB 1144
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          2


           Assembly Amendments  make additional cleanup and clarifying 
          changes, and add the following disclaimer:  Any section of 
          any act, other than Senate Bill 1171, enacted by the 
          Legislature during the 2012 portion of the 2011-12 Session 
          that takes effect on or before January 1, 2013, and that 
          amends, amends and renumbers, adds, repeals and adds, or 
          repeals any one or more of the sections affected by this 
          act shall prevail over this act, whether this act is 
          enacted prior to, or subsequent to, the enactment of that 
          act. The repeal, or repeal and addition, of any article, 
          chapter, part, title, or division of any code by this act 
          shall not become operative if any section of any other act, 
          other than Senate Bill 1171, that is enacted by the 
          Legislature during the 2012 portion of the 2011-12 Session 
          and takes effect on or before January 1, 2013, amends, 
          amends and renumbers, adds, repeals and adds, or repeals 
          any section contained in that article, chapter, part, 
          title, or division.

           Senate Floor Amendments  of 5/21/12 make additional 
          technical and non-controversial changes to various 
          sections.

           ANALYSIS  :    Existing law provides that an employer who 
          willfully fails to pay the final court judgment or final 
          order issued by the Labor Commission due an employee is 
          guilty of a misdemeanor.  If the total amount of wages dues 
          is less than $1,000 the employer shall be fined not less 
          than $1,000.  If the wages due are more than $1,000, the 
          fine shall be between $10,000 and $20,000.  (Labor Code § 
          1197.2)

          This bill provides that if the amount due is $1,000 or less 
          then the fine shall be $1,000.  

          Existing law provides that when responding to a domestic 
          violence call, law enforcement shall inform the victim that 
          he/she has the right to make a citizen's arrest.  (Penal 
          Code 835(b))

          This bill provides that if a person is actually arrested 
          there is no the duty to inform a victim that he/she has a 
          right to make a citizen's arrest.

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                                                               SB 1144
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          3


          Existing law, in a number of places, references the 
          Department of Justice, the Bureau of Narcotic Enforcement.

          This bill changes the references to the Bureau of Narcotic 
          Enforcement to the Department of Justice.

          This bill makes a number of technical and cross-reference 
          changes.

           NOTE:  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 understanding:

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

                         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.

           Prior Legislation

           SB 428 (Strickland), Chapter 304, Statutes of 2011
          SB 1062 (Strickland), Chapter 708, Statutes of 2010
          SB 174 (Strickland), Chapter 35, Statutes of 2009
          SB 1241 (Margett), Chapter 699, Statutes of 2008
          SB 425 (Margett), Chapter 302, Statutes of 2007
          SB 1422 (Margett), Chapter 901, Statutes of 2006
          SB 1107 (Senate Public Safety Committee), Chapter 279, 
          Statutes of 2005
          SB 1796 (Senate Public Safety Committee), Chapter 405, 
          Statutes of 2004
          SB 851 (Senate Public Safety Committee), Chapter 468, 
          Statutes of 2003
          SB 1852 (Senate Public Safety Committee), Chapter 545, 
          Statutes of 2002

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                                                               SB 1144
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          SB 485 (Senate Public Safety Committee), Chapter 473, 
          Statutes of 2001
          SB 832 (Senate Public Safety Committee), Chapter 853, 
          Statutes of 1999
          SB 1880 (Senate Public Safety Committee), Chapter 606, 
          Statutes of 1998

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


           ASSEMBLY FLOOR  : 79-0, 08/22/12
          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, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, 
            Grove, Hagman, Halderman, Hall, Harkey, Hayashi, 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: Roger Hernández


          RJG:m  8/22/12   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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