BILL ANALYSIS Ó
AB 346
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ASSEMBLY THIRD READING
AB
346 (Wilk)
As Introduced February 13, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+------------------------+--------------------|
|Transportation |16-0 |Frazier, Achadjian, | |
| | |Baker, Bloom, Campos, | |
| | |Chu, Daly, Dodd, | |
| | |Eduardo Garcia, Gomez, | |
| | |Kim, Linder, Medina, | |
| | |Melendez, Nazarian, | |
| | |O'Donnell | |
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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.
AB 346
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FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
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.
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."
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN: 0000136
AB 346
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