BILL ANALYSIS Ó AB 1927 Page 1 Date of Hearing: March 29, 2016 Counsel: David Billingsley ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair AB 1927 (Lackey) - As Introduced March 28, 2016 SUMMARY: Specifies that if the notice to appear in court (citation) is being transmitted in electronic form, the copy of the notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person. EXISTING LAW: 1)Whenever written notice to appear has been prepared, delivered, and filed by an officer or the prosecuting attorney with the court pursuant to the provisions of Section 853.6 of this code, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead "guilty" or "nolo contendere." (Pen. Code, § 853.9, subd. (a).) 2)If, however, the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as AB 1927 Page 2 provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear. (Pen. Code, § 853.9, subd. (a).) 3)Notwithstanding the provisions of subdivision (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed. (Pen. Code, § 853.9, subd. (b).) 4)Species that when a person is arrested for misdemeanor, and does not demand to be taken before a magistrate, that person shall be released with a citation, as specified. (Pen. Code 853.6, subd. (a)(1).) 5)States that if the person is released with a citation, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. (Pen. Code 853.6, subd. (a)(1).) 6)Specifies that unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the judge. (Pen. Code 853.6, subd. (b)(1).) 7)Requires the officer to deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a AB 1927 Page 3 missing or disfigured right thumb, on the notice to appear. (Pen. Code 853.6, subd. (d). 8)Requires the officer, as soon as practicable, to file the duplicate notice, as specified. (Pen. Code 853.6, subd. (e).) 9)States that a criminal prosecution may be commenced by filing an accusatory pleading in electronic form with the judge or in a court having authority to receive it. (Pen. Code, § 959.1, subd. (a).) 10)Provides that a notice to appear issued on a form approved by the Judicial Council may be received and filed by court in electronic form, if the following conditions are met: a) The notice to appear is issued and transmitted by a law enforcement agency, as specified; (Pen. Code, § 959.1, subd. (d)(1).) b) The court has all of the following: i) The ability to receive the notice to appear in electronic format; (Pen. Code, § 959.1, subd. (d)(2)(A).) ii) The facility to electronically store an electronic copy and the data elements of the notice to appear for the statutory period of record retention; and (Pen. Code, § 959.1, subd. (d)(2)(b).) iii) The ability to reproduce the electronic copy of the notice to appear and those data elements in printed form upon demand and payment of any costs involved. (Pen. Code, § 959.1, subd. (d)(2)(C).) c) The issuing agency has the ability to reproduce the notice to appear in physical form upon demand. (Pen. Code, § 959.1, subd. (d)(3).) 11)States that if the notice to appear is transmitted in electronic form, it is deemed to have been signed by the defendant if it includes a digitized facsimile of the defendant's signature on the notice to appear. (Pen. Code, § AB 1927 Page 4 959.1, subd. (f).) 12)Provides that a notice to appear filed electronically need not be subscribed by the citing officer. (Pen. Code, § 959.1, subd. (f).) 13)Specifies that an electronically submitted notice to appear need not be verified by the citing officer with a declaration under penalty of perjury if the electronic form indicates which parts of the notice are verified by that declaration and the name of the officer making the declaration. (Pen. Code, § 959.1, subd. (f).) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "Conducting traffic stops as a Police Officer can be a dangerous part of the job. Officers need to control the stop, the violator inside the vehicle, the area around them, and complete the citation in a reasonable amount of time. The fewer the number of contacts with a violator the safer it is for a Police Officer to conduct his job and release the violator from being detained in the shortest amount of time. "This bill would update California Law to take into account the issuing of electronic citations, so that Police Officers do not have to increase the number of contacts with a violator during a traffic stop. Law enforcement agencies may stop issuing electronic citations or be hesitant to start the process because of safety concerns. Yet electronic citations are significantly more efficient than the triplicate forms used today. When we encourage law enforcement agencies and our courts to be more efficient, we should also balance that with modern laws that reflect technological advancements while maintaining officer safety." 2)Background: Law enforcement officers issue a citation whenever they give someone a traffic ticket. An officer also issues a citation to a person if they arrest the individual on a misdemeanor charge, but release that person without taking AB 1927 Page 5 them into custody. A citation serves as the notice to appear in court for the person that has received the citation. A signed copy of the citation is sent to court by the law enforcement agency issuing the citation. When conducting traffic stops to issue citations, the officer runs the information through dispatch and returns to the violator's vehicle to fill out a triplicate form where one signed copy goes to the violator, one to the officer and one to the agency, resulting in a "two contact approach" to the vehicle. Again, the first contact occurs when the officer first approaches the vehicle seeking the driver's license and registration. The officer then goes back to his vehicle, writes up the ticket and approaches the vehicle a second time to have the driver sign the citation, at which time the officer gives a signed copy to the driver (two approaches). With new technologies, many agencies are using electronic handheld devices to be more efficient when issuing citations. This device resembles the machines a person signs when receiving a package from FedEx or UPS. With this device, once the officer completes the citation and obtains a signature (second contact), it is wirelessly sent to a printer in the patrol vehicle, where, under current law, the officer must retrieve it and bring the exact signed copy of the citation back to the violator. This results in a third contact. 3)Benefits of Electronic Citations: The use of electronic citations can provide efficiencies that save money for law enforcement agencies and courts. Many paper citations the courts receive contain errors due to misspelling, poor handwriting, smudged copies, and inconsistencies between violation codes and descriptions. Electronic citation technology can eliminate many of these types of errors. Electronic citation technology promises benefits from saving time and reducing costs, to increasing officer efficiency. The current paper system used in most jurisdictions takes an average of 12 days to process a citation and send it to the court. With an electronic citation, this process can now be AB 1927 Page 6 done seamlessly within seconds. Once the infrastructure is paid for, an electronic citation system promises to be a cost-effective solution since it will eliminate a great deal of overhead associated with clerical tasks. (The Use of Electronic Citations: A Nationwide Assessment, A Joint Report by the Office of Justice Programs, Bureau of Justice Assistance and the Department of Transportation, June, 2003, p. 6.) 4)Argument in Support: According to The Peace Officers Research Association of California, "Every time an officer pulls a vehicle over, they are automatically in a dangerous situation. Not only are they dealing with the threats of the roadway and traffic, they are also faced with the potential danger of the individual or individuals inside the vehicle that was pulled over. An officer never knows whether the violator is concealing a weapon, nor do they know the mental state of that person. "Electronic citations were initially implemented to streamline a process; however, in a traffic stop, an officer typically contacts the driver to collect information, and then returns to their patrol vehicle to fill out the citation. Once the citation is complete, the officer will re-contact the driver to obtain their signature, and then give them a copy of the signed citation. With the addition of the electronic hand device, once the device is electronically signed, the officer must go back to his/her patrol vehicle to get the signed citation from the printer within their vehicle and return for a third time to the violator's vehicle. Unlike the traditional "two approach" traffic stop, this new implementation increases the stop to three approaches; therefore, increases the time and danger of a traffic stop." 5)Argument in Opposition: According to The California Public Defenders, "AB 1927 would allow the prosecution to use an unsigned electronic notice to appear both as a complaint and to issue an arrest warrant if the person failed to appear. The person would specifically have to elect to sign the electronic promise to appear. "Under existing law, Penal Code section 853.9 provides that a AB 1927 Page 7 written notice to appear may be issued to an arrestee and then filed with the court. If defendant fails to appear on the written notice to appear, a warrant may be issued for the defendant's arrest. "This proposed procedure of deleting the signature is too vulnerable to fraud. It is not uncommon for individuals to use another person's identity when stopped by the police and issued a notice to appear. Historically, defense counsel has been able to demonstrate that the client was not the individual stopped by having the prosecutor compare the notice to appear signature with the client's true signature. "In this era of widespread identity theft, an unsigned notice to appear is even more vulnerable to fraud. And finally, an unsigned notice to appear could be a tool of harassment in the hands of some rogue law enforcement official." 6)Prior Legislation: a) AB 2303 (Judiciary Committee), Chapter 567, Statutes of 2006, specified that an accusatory pleading in electronic form was sufficient if it indicates it was sworn and has the name of that officer. REGISTERED SUPPORT / OPPOSITION: Support Peace Officers Research Association of California (Sponsor) California Police Chiefs Association Opposition California Public Defenders Association Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 AB 1927 Page 8