BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1927


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          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. 










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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