BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1927|
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                                      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).)









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          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.









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          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)








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          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


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