BILL ANALYSIS Ó
AB 346
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Date of Hearing: April 13, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 346
(Wilk) - As Introduced February 13, 2015
SUBJECT: Vehicle infractions and misdemeanors: arrests
SUMMARY: Requires a person to show a law enforcement officer an
unobstructed view of their full face in order to confirm the
identity on a person's driver's license under certain
circumstances.
EXISTING LAW: Requires a person that is under a non-custodial
arrest for a vehicle-related infraction or misdemeanor to be
taken immediately before a court magistrate if they fail to
present their driver's license or other satisfactory evidence to
a law enforcement officer.
FISCAL EFFECT: Unknown
COMMENTS: The author introduced this bill to address an issue
that occurred in his district between a law enforcement officer
and a motorcyclist. Upon pulling the motorcyclist over for a
moving violation the motorcyclist provided his driver's license
but refused to remove his helmet; thus prohibiting the officer
from properly identifying the motorcyclist. Because existing
law only requires a person to provide a law enforcement officer
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with sufficient identification when being stopped for a moving
violation, the officer issued the motorcyclist a speeding ticket
but could not properly confirm that the driver was the same
person shown on the driver's license. Because the motorcyclist
complied with existing law by providing a driver's license, the
court ultimately dismissed the speeding ticket based on a claim
by the motorcyclist that he was not operating the motorcycle at
the time the ticket was issued.
While existing law authorizes a law enforcement officer to
arrest and immediately take a motorist to court if they refuse
to provide a driver's license or other sufficient proof of
identity, existing law is silent on an officer's ability to then
request confirmation of identity if necessary. This bill simply
provides clarification to existing law to authorize a law
enforcement officer to request that a motorist provide an
unobstructed view of their full face, if necessary, when stopped
for a moving violation, thus allowing a law enforcement officer
to properly confirm the identification of the motorist. The
author notes, "this bill will give law enforcement the tools
necessary to uphold public safety by allowing an officer to
request that the individual show their full face, making sure
that it matches their driver's license."
REGISTERED SUPPORT / OPPOSITION:
Support
Association for Los Angeles Deputy Sheriffs
California Peace Officers' Association
AB 346
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California State Lodge, Fraternal Order of Police
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Peace Officers Research Association of California
Riverside Sheriffs Association
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
Simi Valley Police Officers' Association
Opposition
Legal Services for Prisoners with Children
AB 346
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Analysis Prepared by:Manny Leon / TRANS. / (916) 319-2093