AB 346, as introduced, Wilk. Vehicle infractions and misdemeanors: arrests.
Existing law requires that whenever a person is arrested for a vehicle-related infraction or misdemeanor, he or she be taken immediately before a magistrate if he or she fails to present his or her driver’s license or other satisfactory evidence of identity for examination.
This bill would additionally require that the arrested person be taken immediately before a magistrate if he or she fails to present both his or her driver’s license or other evidence of identity and an unobstructed view or his or her full face for examination.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 40302 of the Vehicle Code is amended
2to read:
Whenever any person is arrested for any violation of
4this code, not declared to be a felony, the arrested person shall be
P2 1taken without unnecessary delay before a magistrate within the
2county in which the offense charged is alleged to have been
3committed and who has jurisdiction of the offense and is nearest
4or most accessible with reference to the place where the arrest is
5made in any of the following cases:
6(a) When the person arrested fails to presentbegin insert bothend insert hisbegin insert or herend insert
7 driver’s license or other satisfactory evidence of hisbegin insert
or herend insert identity
8begin insert
and an unobstructed view or his or her full faceend insert for examination.
9(b) When the person arrested refuses to give hisbegin insert or herend insert written
10promise to appear in court.
11(c) When the person arrested demands an immediate appearance
12before a magistrate.
13(d) When the person arrested is charged with violating Section
1423152.
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