BILL ANALYSIS Ó AB 346 Page 1 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 Page 2 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 Page 3