BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 346


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          ASSEMBLY THIRD READING


          AB  
          346 (Wilk)


          As Introduced  February 13, 2015


          Majority vote


           --------------------------------------------------------------------- 
          |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               |                    |
           --------------------------------------------------------------------- 


          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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