BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 346|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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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
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