as amended, Cristina Garcia. Criminal procedure:
begin delete arrests.end delete
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.
This 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.
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
Section 836 of the Penal Code is amended to read:
(a) A peace officer may arrest a person in obedience to
10a warrant or, pursuant to the authority granted to him or her by
11Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
12without a warrant may arrest a person whenever any of the
13following circumstances occur:
14(1) The officer has probable cause to believe that the person to
15be arrested has committed a public offense in the officer’s presence.
16(2) The person arrested has committed a felony, although not
17in the officer’s presence.
18(3) The officer has probable cause to believe that the person to
19be arrested has committed a felony, whether or not a felony, in
20fact, has been committed.
21(b) Any time a peace officer is called out on a domestic violence
22call, it shall be mandatory that the officer make a good faith effort
23to inform the victim of his or her right to make a citizen’s arrest,
P3 1unless the peace officer makes an arrest for a violation of paragraph
2(1) of subdivision (e) of Section 243 or 273.5. This information
3shall include advising the victim how to safely execute the arrest.
4(c) (1) When a peace officer is responding to a call alleging a
5violation of a domestic violence protective or restraining order
6issued under Section 527.6 of the Code of Civil Procedure, the
7Family Code, Section 136.2, 646.91, or paragraph (2) of
8subdivision (a) of Section 1203.097 of this code, Section 213.5 or
915657.03 of the Welfare and Institutions Code, or of a domestic
10violence protective or restraining order issued by the court of
11another state, tribe, or territory and the peace officer has probable
12cause to believe that the person against whom the order is issued
13has notice of the order and has committed an act in violation of
14the order, the officer shall, consistent with subdivision (b) of
15Section 13701, make a lawful arrest of the person without a warrant
16and take that person into custody whether or not the violation
17occurred in the presence of the arresting officer. The officer shall,
18as soon as possible after the arrest, confirm with the appropriate
19authorities or the Domestic Violence Protection Order Registry
20maintained pursuant to Section 6380 of the Family Code that a
21true copy of the protective order has been registered, unless the
22victim provides the officer with a copy of the protective order.
23(2) The person against whom a protective order has been issued
24shall be deemed to have notice of the order if the victim presents
25to the officer proof of service of the order, the officer confirms
26with the appropriate authorities that a true copy of the proof of
27service is on file, or the person against whom the protective order
28was issued was present at the protective order hearing or was
29informed by a peace officer of the contents of the protective order.
30(3) In situations where mutual protective orders have been issued
31under Division 10 (commencing with Section 6200) of the Family
32Code, liability for arrest under this subdivision applies only to
33those persons who are reasonably believed to have been the
34dominant aggressor. In those situations, prior to making an arrest
35under this subdivision, the peace officer shall make reasonable
36efforts to identify, and may arrest, the dominant aggressor involved
37in the incident. The dominant aggressor is the person determined
38to be the most significant, rather than the first, aggressor. In
39identifying the dominant aggressor, an officer shall consider (A)
40the intent of the law to protect victims of domestic violence from
P4 1continuing abuse, (B) the threats creating fear of physical injury,
2(C) the history of domestic violence between the persons involved,
3and (D) whether either person involved acted in self-defense.
4(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
5commits an assault or battery upon a current or former spouse,
6fiancé, fiancée, a current or former cohabitant as defined in Section
76209 of the Family Code, a person with whom the suspect currently
8is having or has previously had an engagement or dating
9relationship, as defined in paragraph (10) of subdivision (f) of
10Section 243, a person with whom the suspect has parented a child,
11or is presumed to have parented a child pursuant to the Uniform
12Parentage Act (Part 3 (commencing with Section 7600) of Division
1312 of the Family Code), a child of the suspect, a child whose
14parentage by the suspect is the subject of an action under the
15Uniform Parentage Act, a child of a person in one of the above
16categories, any other person related to the suspect by consanguinity
17or affinity within the second degree, or any person who is 65 years
18of age or older and who is related to the suspect by blood or legal
19guardianship, a peace officer may arrest the suspect without a
20warrant when both of the following circumstances apply:
21(1) The peace officer has probable cause to believe that the
22person to be arrested has committed the assault or battery, whether
23or not it has in fact been committed.
24(2) The peace officer makes the arrest as soon as probable cause
25arises to believe that the person to be arrested has committed the
26assault or battery, whether or not it has in fact been committed.
27(e) In addition to the authority to make an arrest without a
28warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
29peace officer may, without a warrant, arrest a person for a violation
30of Section 25400 when all of the following apply:
31(1) The officer has reasonable cause to believe that the person
32to be arrested has committed the violation of Section 25400.
33(2) The violation of Section 25400 occurred within an airport,
34as defined in Section 21013 of the Public Utilities Code, in an area
35to which access is controlled by the inspection of persons and
37(3) The peace officer makes the arrest as soon as reasonable
38cause arises to believe that the person to be arrested has committed
39the violation of Section 25400.
P5 1(f) In addition to the authority to make an arrest without a
2warrant pursuant to subdivision (a), a peace officer may, without
3a warrant, arrest a person if the officer has probable cause to believe
4that the person to be arrested has violated subdivision (m) of
5Section 647, although not in the presence of the officer.