BILL ANALYSIS Ó
AB 1927
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1927 (Lackey)
As Amended May 17, 2016
Majority vote
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|ASSEMBLY: | 78-0 | April 4, |SENATE: | 39-0 |May 19, 2016 |
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Original Committee Reference: PUB. S.
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.
The Senate amendments clarify that the notice to appear being
transmitted in electronic form must be signed by the arrestee,
even if the copy of the notice to appear given to the arrestee
does not include a signature.
EXISTING LAW:
1)Whenever written notice to appear has been prepared,
delivered, and filed by an officer or the prosecuting attorney
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with the court pursuant to the provisions of Penal Code
Section 853.6, 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."
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
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.
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.
4)Specifies 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.
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.
6)Specifies that unless waived by the person, the time specified
in the notice to appear shall be at least 10 days after arrest
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if the duplicate notice is to be filed by the officer with the
judge.
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
missing or disfigured right thumb, on the notice to appear.
8)Requires the officer, as soon as practicable, to file the
duplicate notice, as specified.
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.
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;
b) The court has all of the following:
i) The ability to receive the notice to appear in
electronic format;
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
iii) The ability to reproduce the electronic copy of the
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notice to appear and those data elements in printed form
upon demand and payment of any costs involved.
c) The issuing agency has the ability to reproduce the
notice to appear in physical form upon demand.
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.
12)Provides that a notice to appear filed electronically need
not be subscribed by the citing officer.
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.
AS PASSED BY THE ASSEMBLY, this bill specified 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.
FISCAL EFFECT: Unknown. This bill has been keyed non-fiscal by
the Legislative Counsel.
COMMENTS: 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.
AB 1927
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"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."
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
FN: 0003021