BILL ANALYSIS �
AB 568
Page 1
ASSEMBLY THIRD READING
AB 568 (Muratsuchi)
As Introduced February 20, 2013
2/3 vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, | | |
| |Jones-Sawyer, Mitchell, | | |
| |Quirk, Skinner, Waldron | | |
| | | | |
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SUMMARY : Clarifies the definition of a "law enforcement
officer" for purposes of introducing hearsay statements at a
preliminary hearing. Specifically, this bill states that for
purposes of introducing hearsay statements at a preliminary
hearing, a law enforcement officer is any officer or agent
employed by a federal, state, or local government agency to whom
all of the following apply:
1)Has either five years of law enforcement experience, or who
has completed a training course certified by the Commission on
Peace Officer Standards and Training (POST) which includes
training in the investigation and reporting of cases and
testifying at preliminary hearings; and,
2)Whose primary responsibility is the enforcement of any law,
the detection and apprehension of persons who have violated
any law, or the investigation and preparation for prosecution
of cases involving violations of law.
EXISTING LAW :
1)States that in order to protect victims and witnesses in
criminal cases, hearsay evidence shall be admissible at
preliminary hearings, as prescribed by the Legislature or by
the people through the initiative process.
2)Provides that a finding of probable cause at a preliminary
hearing may be based on hearsay statements related by a law
enforcement officer.
3)Defines "hearsay evidence" as "evidence of a statement that
AB 568
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was made other than by a witness while testifying at the
hearing and that is offered to prove the truth of the matter
stated."
4)Provides that, except as provided by law, hearsay evidence is
inadmissible.
5)States that the prohibition against offering hearsay testimony
does not apply at a preliminary hearing pursuant to Penal Code
Section 872(b).
6)States that any person who comes within the provisions of this
chapter and who otherwise meets all standards imposed by law
on a peace officer is a peace officer, and notwithstanding any
other law, no person other than those designated in this
chapter is a peace officer.
7)Declares specific persons to be peace officers.
8)Declares other specific persons not to be peace officers, but
having powers of arrest.
9)Requires all peace officers to complete an introductory course
of training prescribed by POST, demonstrated by passage of an
appropriate examination developed by POST.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "This bill is a chance to
stop the waste of government funds on unnecessary litigation and
prevent criminals from being able to subvert the legal system.
AB 568 will ensure that the testimony of nontraditional law
enforcement officers is not hindered by costly and time
consuming defensive objections that have already been resolved
by the California Court of Appeal."
Qualifications and Definition of Law Enforcement Officers :
Penal Code Section 872(b) contains experience and training
requirements in order for an investigating officer to be able to
offer hearsay evidence at the preliminary hearing. The section
requires such an officer to have at least five years of law
enforcement experience or have completed a course certified by
POST which covers the investigating and reporting of criminal
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cases, and testifying at preliminary hearings.
While Penal Code Section 872 established the training or
experience required for testifying officers, it did not provide
a definition of what "law enforcement officers" qualify to
testify. The Court of Appeal's decisions that have considered
the issue have held that Penal Code Section 872(b) is not
limited to traditional peace officers authorized to carry
weapons and to make arrests. Rather, the intent is to hear from
an officer who has knowledge of the relevant law and facts such
that he or she can provide meaningful testimony at a preliminary
hearing. As such, an arson investigator and a Franchise Tax
Board investigator have both qualified under the statute.
This bill includes in the definition of a "law enforcement
officer" any officer or agent employed by a federal, state, or
local government agency as long as the person also has the
requisite training or expertise, and is also primarily
responsible for enforcing laws, detecting and apprehending law
violators, or investigating and preparing cases for prosecution.
The language of this bill mirrors the holding of the appellate
court in Sims v. Superior Court, supra, 18 Cal.App.4th at p.
470.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
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