BILL ANALYSIS �
SB 717
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SENATE THIRD READING
SB 717 (DeSaulnier and Correa)
As Amended May 20, 2013
2/3 vote. Urgency
SENATE VOTE :39-0
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, | | |
| |Jones-Sawyer, Mitchell, | | |
| |Quirk, Skinner, Waldron | | |
| | | | |
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SUMMARY : Authorizes the issuance of a search warrant to allow a
blood draw or sample of other bodily fluids to be taken from a
person in a reasonable, medically approved manner as evidence
that the person has violated specified provisions relating to
driving under the influence, and the person has refused a peace
officer's request to submit to, or failed to complete a blood
test.
EXISTING LAW :
1)Provides that "the right of the people to be secure in their
persons, houses, papers and effects against unreasonable
seizures and searches may not be violated; and a warrant may
not issue except on probable cause, supported by oath or
affirmation, particularly describing the place to be searched
and the persons and things to be seized."
2)Defines a "search warrant" as a written order in the name of
the people, signed by a magistrate and directed to a peace
officer, commanding him or her to search for a person or
person, a thing or things, or personal property.
3)States that a search warrant may be issued upon any of the
following grounds:
a) When the property was stolen or embezzled.
b) When the property or things were used as the means of
committing a felony.
SB 717
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c) When the property or things are in the possession of any
person with the intent to use them as a means of committing
a public offense, or in the possession of another to whom
he or she may have delivered them for the purpose of
concealing them or preventing them from being discovered.
d) When the property or things to be seized consist of any
item or constitute any evidence that tends to show a felony
has been committed, or tends to show that a particular
person has committed a felony.
e) When the property or things to be seized consist of
evidence that tends to show that sexual exploitation of a
child, or possession of matter depicting sexual conduct of
a person under the age of 18 years, has occurred or is
occurring.
f) When there is a warrant to arrest a person.
g) When a provider of electronic communication service or
remote computing service has records or evidence, showing
that property was stolen or embezzled constituting a
misdemeanor, or that property or things are in the
possession of any person with the intent to use them as a
means of committing a misdemeanor public offense, or in the
possession of another to whom he or she may have delivered
them for the purpose of concealing them or preventing their
discovery.
4)Provides that a search warrant cannot be issued but upon
probable cause, supported by affidavit, naming or describing
the person to be searched or searched for, and particularly
describing the property, thing or things and the place to be
searched.
5)Requires a magistrate to issue a search warrant if he or she
is satisfied of the existence of the grounds of the
application or that there is probable cause to believe their
existence.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
SB 717
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COMMENTS : According to the author, "On April 17, 2013, the
Supreme Court of the United States, in a 5-4 opinion (Missouri
v. McNeely), decided that in drunk-driving investigations, it is
now unlawful to conduct a blood test without consent. The
decision effectively requires the officers to obtain a warrant
before they can take a suspect's blood, if that suspect does not
give consent. SB 717 simply conforms California's Penal Code to
adhere to this ruling by specifying that an officer may request,
and a court may grant, a search warrant to perform a blood
draw."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0001322