AB 2188,
as amended, Grove. begin deleteHuman trafficking: database. end deletebegin insertCriminal procedure: arrests.end insert
Existing law authorizes a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed a public offense in the officer’s presence or if the officer has probable cause to believe that the person has committed a felony.
end insertbegin insertThis bill would authorize a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed the misdemeanor offense of soliciting a minor for prostitution.
end insertExisting law requires the Department of Justice to seek to control and eradicate organized crime by, among other things, gathering, analyzing, and storing intelligence related to organized crime and providing this intelligence to local, state, and federal law enforcement units. Existing law also requires, prior to a local law enforcement agency designating, or submitting a document to the Attorney General’s office for the purpose of designating, a person as a gang member, associate, or affiliate in a shared gang database, as defined, the local law enforcement agency to provide written notice to the person and his or her parent or guardian of the designation and the basis for the designation if the person is under 18 years of age, except as specified. Existing law authorizes the person or his or her parent or guardian to submit written documentation contesting that designation and requires the local law enforcement agency to provide written verification of its decision within 60 days.
end deleteThis bill would require the department, on or before January 1, 2018, to expand its shared gang database, as defined in the provision described above, in order to provide accurate, timely, and electronically generated data of statewide human trafficking intelligence information. The bill would specify that the purpose of that expansion is to allow law enforcement agencies in California to collaborate in reducing the incidence of human trafficking. The bill would authorize the department to promulgate regulations to implement its provisions.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 836 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert
(a) A peace officer may arrest a person in obedience to
4abegin delete warrant,end deletebegin insert warrantend insert or, pursuant to the authority granted to him or
5her by Chapter 4.5 (commencing with Section 830) of Title 3 of
6Part 2, without abegin delete warrant, may arrest a personend deletebegin insert warrantend insert whenever
7any of the following circumstances occur:
8(1) The officer has probable cause to believe that the person to
9be arrested has committed a
public offense in the officer’s presence.
10(2) The person arrested has committed a felony, although not
11in the officer’s presence.
12(3) The officer has probable cause to believe that the person to
13be arrested has committed a felony, whether or not a felony, in
14fact, has been committed.
15(b) Any time a peace officer is called out on a domestic violence
16call, it shall be mandatory that the officer make a good faith effort
17to inform the victim of his or her right to make a citizen’s arrest,
18unless the peace officer makes an arrest for a violation of paragraph
19(1) of subdivision (e) of Section 243 or 273.5. This information
20shall include advising the victim how to safely execute the arrest.
P3 1(c) (1) When a peace officer is responding to a
call alleging a
2violation of a domestic violence protective or restraining order
3issued under Section 527.6 of the Code of Civil Procedure, the
4Family Code, Section 136.2, 646.91, or paragraph (2) of
5subdivision (a) of Section 1203.097 of this code, Section 213.5 or
615657.03 of the Welfare and Institutions Code, or of a domestic
7violence protective or restraining order issued by the court of
8another state, tribe, or territory and the peace officer has probable
9cause to believe that the person against whom the order is issued
10has notice of the order and has committed an act in violation of
11the order, the officer shall, consistent with subdivision (b) of
12Section 13701, make a lawful arrest of the person without a warrant
13and take that person into custody whether or not the violation
14occurred in the presence of the arresting officer. The officer shall,
15as soon as possible after the arrest, confirm with the appropriate
16authorities or the Domestic Violence Protection Order Registry
17maintained pursuant to Section
6380 of the Family Code that a
18true copy of the protective order has been registered, unless the
19victim provides the officer with a copy of the protective order.
20(2) The person against whom a protective order has been issued
21shall be deemed to have notice of the order if the victim presents
22to the officer proof of service of the order, the officer confirms
23with the appropriate authorities that a true copy of the proof of
24service is on file, or the person against whom the protective order
25was issued was present at the protective order hearing or was
26informed by a peace officer of the contents of the protective order.
27(3) In situations where mutual protective orders have been issued
28under Division 10 (commencing with Section 6200) of the Family
29Code, liability for arrest under this subdivision applies only to
30those persons who are reasonably believed to have been the
31dominant
aggressor. In those situations, prior to making an arrest
32under this subdivision, the peace officer shall make reasonable
33efforts to identify, and may arrest, the dominant aggressor involved
34in the incident. The dominant aggressor is the person determined
35to be the most significant, rather than the first, aggressor. In
36identifying the dominant aggressor, an officer shall consider (A)
37the intent of the law to protect victims of domestic violence from
38continuing abuse, (B) the threats creating fear of physical injury,
39(C) the history of domestic violence between the persons involved,
40and (D) whether either person involved acted in self-defense.
P4 1(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
2commits an assault or battery upon a current or former spouse,
3fiancé, fiancée, a current or former cohabitant as defined in Section
46209 of the Family Code, a person with whom the suspect currently
5is having or has previously had an
engagement or dating
6relationship, as defined in paragraph (10) of subdivision (f) of
7Section 243, a person with whom the suspect has parented a child,
8or is presumed to have parented a child pursuant to the Uniform
9Parentage Act (Part 3 (commencing with Section 7600) of Division
1012 of the Family Code), a child of the suspect, a child whose
11parentage by the suspect is the subject of an action under the
12Uniform Parentage Act, a child of a person in one of the above
13categories, any other person related to the suspect by consanguinity
14or affinity within the second degree, or any person who is 65 years
15of age or older and who is related to the suspect by blood or legal
16guardianship, a peace officer may arrest the suspect without a
17warrantbegin delete whereend deletebegin insert whenend insert both of the following circumstances apply:
18(1) The peace officer has probable cause to believe that the
19person to be arrested has committed the assault or battery, whether
20or not it has in fact been committed.
21(2) The peace officer makes the arrest as soon as probable cause
22arises to believe that the person to be arrested has committed the
23assault or battery, whether or not it has in fact been committed.
24(e) In addition to the authority to make an arrest without a
25warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
26peace officer may, without a warrant, arrest a person for a violation
27of Section 25400 when all of the following apply:
28(1) The officer has reasonable cause to believe that the person
29to be arrested has committed the violation of Section 25400.
30(2) The violation of Section 25400 occurred within an airport,
31as defined in Section 21013 of the Public Utilities Code, in an area
32to which access is controlled by the inspection of persons and
33property.
34(3) The peace officer makes the arrest as soon as reasonable
35cause arises to believe that the person to be arrested has committed
36the violation of Section 25400.
37
(f) In addition to the authority to make an arrest without a
38warrant pursuant to subdivision (a), a peace officer may arrest a
39person without a warrant if the officer has probable cause to
40believe that the person to be arrested has violated subdivision (m)
P5 1of Section 647, even if that violation was not in the presence of the
2officer.
Section 15030 is added to the Government Code,
4to read:
(a) On or before January 1, 2018, the Department of
6Justice shall expand its shared gang database, as defined in Section
7186.34 of the Penal Code, in order to provide accurate, timely, and
8electronically generated data of statewide human trafficking
9intelligence information. The purpose of this expansion shall be
10to allow law enforcement agencies in California to collaborate in
11reducing the incidence of human trafficking.
12(b) The department may promulgate regulations to implement
13this section.
14(c) For purposes of this section, “human trafficking” has the
15same meaning as defined in Section 236.1 of the Penal Code.
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