BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 346| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 346 Author: Wilk (R), et al. Introduced:2/13/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/9/15 AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone ASSEMBLY FLOOR: 78-1, 4/16/15 - See last page for vote SUBJECT: Vehicle infractions and misdemeanors: arrests SOURCE: Simi Valley Police Officers Association DIGEST: This bill allows the arrest of a person who fails to present both his or her driver's license or other satisfactory evidence of his or her identity and an unobstructed view of his or her full face for examination when a person is stopped for a Vehicle Code infraction or misdemeanor. ANALYSIS: Existing law: 1)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. (Vehicle Code § 40302) 2)Requires that a person that is under non-custodial arrest for AB 346 Page 2 a vehicle-related infraction or misdemeanor to be taken immediately before a court magistrate if they fail to present their driver's license and an unobstructed view of his or her full face for examination. This bill allows for a person to be taken into custody if he or she refuses to present "an unobstructed view of his or her full face for examination" along with his or her driver's license during a stop for a Vehicle Code infraction or misdemeanor. Background According to the author and the sponsor this bill closes a loophole that may keep law enforcement from confirming that the identity of the person matches the identity on the driver's license. The incident that gave rise to this bill involved a motorcyclist that refused to remove his helmet. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified 6/9/15) Simi Valley Police Officers Association (source) The Association for Los Angeles Deputy Sheriffs California Peace Officers' Association California State Lodge, Fraternal Order of Police California Statewide Law Enforcement Association Long Beach Police Officers Association Los Angeles County District Attorney's Office Los Angeles County Professional Peace Officers Association The Los Angeles Police Protective League The Riverside Sheriffs Association Sacramento County Professional Peace Officers Association Santa Ana Police Officers Association OPPOSITION: (Verified 6/9/15) AB 346 Page 3 Legal Services for Prisoners with Children ASSEMBLY FLOOR: 78-1, 4/16/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NOES: Mark Stone NO VOTE RECORDED: Quirk Prepared by:Mary Kennedy / PUB. S. / 6/10/15 12:29:43 **** END ****