BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1927| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 1927 Author: Lackey (R) Amended: 5/17/16 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/10/16 AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone ASSEMBLY FLOOR: 78-0, 4/4/16 - See last page for vote SUBJECT: Criminal procedure: notice to appear SOURCE: Author DIGEST: This bill authorizes law enforcement officers to give a person violating the law a copy of their notice to appear in court without the signature of the defendant, unless the person specifically requests it. ANALYSIS: Existing law: 1)Requires officers to prepare a written notice to appear in court if a person who violates the law does not have to go before a magistrate and is subsequently released after the violation. The notice to appear must include the name and address of person involved, the offense charged, the time and place in which the person must appear in court, and the violator's signature in order to secure their release as a written promise that the defendant will appear in court as specified in the notice to appear. (Pen. Code, § 853.6 (a), (d).) AB 1927 Page 2 2)Requires an officer or prosecuting attorney to provide a defendant an exact and legible duplicate copy of any written notice that an officer or prosecuting attorney has prepared, delivered and filed with the court in which the defendant may plead "guilty" or "nolo contendre" to the original complaint. (Pen. Code, § 853.9 (a).) 3)Requires that 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 (b).) 4)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 (a).) 5)Authorizes the Judicial Council to approve an electronically transmitted notice to appear if the notice to appear meets the following criteria: it is issued and transmitted by a law enforcement agency; the courts have the ability to receive, store and reproduce such notices in electronic format; and the issuing agency has the ability to reproduce the notice to appear in physical form upon demand. (Pen. Code, § 959.1 (d)(1) - (3).) 6)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, § 959.1 (f).) This bill authorizes a police officer to give a defendant a copy of their notice to appear in court without the signature of the defendant, unless the defendant specifically requests that the copy they receive contains their signature. AB 1927 Page 3 Background This bill provides that if a citation issued by a peace officer is transmitted electronically, the copy of the citation issued does not need to include the signature of the person who is issued the notice to appear citation unless they specifically request a copy of the citation with their signature. Electronic citations were initially implemented to streamline the citation 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 the violator a copy of the signed citation. With the addition of the electronic hand held 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. The process thus increases the time and danger involved in an ordinary traffic stop. Police officers are four times more likely to get involved in an accident including a vehicle than a civilian motorist. Between the 17-year-period of 1993 to 2009, an average of one officer a month was struck and killed by a motor vehicle. During the years 2005 to 2014, 134 police officers were struck and killed by a vehicle. In order to help prevent the substantial number of officers from being struck and subsequently injured or killed, Move Over laws came into effect in 49 different states (only Hawaii and D.C. do not have these laws), requiring motorists to change lanes or slow down when they approach an emergency vehicle. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified5/16/16) AB 1927 Page 4 California Association of Highway Patrolmen California Law Enforcement Association of Records Supervisors California Police Chiefs Association Los Angeles County Professional Peace Officers Association Peace Officers Research Association of California OPPOSITION: (Verified5/16/16) California Public Defenders Association ASSEMBLY FLOOR: 78-0, 4/4/16 AYES: Achadjian, Alejo, Travis Allen, Atkins, 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, Quirk, Ridley-Thomas, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Rodriguez Prepared by:Molly Lao / PUB. S. / 5/18/16 16:21:36 **** END **** AB 1927 Page 5