Amended in Assembly April 19, 2016

Amended in Assembly April 6, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2221


Introduced by Assembly Members Cristina Garcia and Grove

February 18, 2016


An act tobegin delete amend Section 836 of, and toend delete add Section 236.13begin delete to,end deletebegin insert toend insert the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 2221, as amended, Cristina Garcia. Criminal procedure:begin delete arrests:end delete human trafficking witnesses.

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(1) 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.

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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.

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(2)

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begin insert(1)end insert Under existing law, a person who deprives or violates another person’s personal liberty with the intent to obtain forced labor or services or who deprives or violates another person’s personal liberty for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony.

This bill would require that a minor who is a victim of human trafficking be provided with assistance from the local county Victim Witness Assistance Center prior tobegin delete being made subject to a subpoena to testifyend deletebegin insert testifyingend insert as a witness in thebegin delete case. By imposing a duty on local county agencies to provide this assistance, this bill would impose a state-mandated local program.end deletebegin insert case if the minor so desires that assistance.end insert

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(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 236.13 is added to the Penal Code, to
2read:

3

236.13.  

Prior tobegin delete being made subject to a subpoena to testifyend delete
4begin insert testifyingend insert as a witness in a case involvingbegin insert a charge ofend insert human
5begin delete trafficking,end deletebegin insert trafficking under Section 236.1,end insert a minor who is a victim
6of the human trafficking shall be provided with assistance from
7the local county Victim Witness Assistancebegin delete Center.end deletebegin insert Center if the
8minor so desires.end insert

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SEC. 2.  

Section 836 of the Penal Code is amended to read:

10

836.  

(a) A peace officer may arrest a person in obedience to
11a warrant or, pursuant to the authority granted to him or her by
12Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
13without a warrant may arrest a person whenever any of the
14following circumstances occur:

15(1) The officer has probable cause to believe that the person to
16be arrested has committed a public offense in the officer’s presence.

17(2) The person arrested has committed a felony, although not
18in the officer’s presence.

19(3) The officer has probable cause to believe that the person to
20be arrested has committed a felony, whether or not a felony, in
21fact, has been committed.

P3    1(b) Any time a peace officer is called out on a domestic violence
2call, it shall be mandatory that the officer make a good faith effort
3to inform the victim of his or her right to make a citizen’s arrest,
4unless the peace officer makes an arrest for a violation of paragraph
5(1) of subdivision (e) of Section 243 or 273.5. This information
6shall include advising the victim how to safely execute the arrest.

7(c) (1) When a peace officer is responding to a call alleging a
8violation of a domestic violence protective or restraining order
9issued under Section 527.6 of the Code of Civil Procedure, the
10Family Code, Section 136.2, 646.91, or paragraph (2) of
11subdivision (a) of Section 1203.097 of this code, Section 213.5 or
1215657.03 of the Welfare and Institutions Code, or of a domestic
13violence protective or restraining order issued by the court of
14another state, tribe, or territory and the peace officer has probable
15cause to believe that the person against whom the order is issued
16has notice of the order and has committed an act in violation of
17the order, the officer shall, consistent with subdivision (b) of
18Section 13701, make a lawful arrest of the person without a warrant
19and take that person into custody whether or not the violation
20occurred in the presence of the arresting officer. The officer shall,
21as soon as possible after the arrest, confirm with the appropriate
22authorities or the Domestic Violence Protection Order Registry
23maintained pursuant to Section 6380 of the Family Code that a
24true copy of the protective order has been registered, unless the
25victim provides the officer with a copy of the protective order.

26(2) The person against whom a protective order has been issued
27shall be deemed to have notice of the order if the victim presents
28to the officer proof of service of the order, the officer confirms
29with the appropriate authorities that a true copy of the proof of
30service is on file, or the person against whom the protective order
31was issued was present at the protective order hearing or was
32informed by a peace officer of the contents of the protective order.

33(3) In situations where mutual protective orders have been issued
34under Division 10 (commencing with Section 6200) of the Family
35Code, liability for arrest under this subdivision applies only to
36those persons who are reasonably believed to have been the
37dominant aggressor. In those situations, prior to making an arrest
38under this subdivision, the peace officer shall make reasonable
39efforts to identify, and may arrest, the dominant aggressor involved
40in the incident. The dominant aggressor is the person determined
P4    1to be the most significant, rather than the first, aggressor. In
2identifying the dominant aggressor, an officer shall consider (A)
3the intent of the law to protect victims of domestic violence from
4continuing abuse, (B) the threats creating fear of physical injury,
5(C) the history of domestic violence between the persons involved,
6and (D) whether either person involved acted in self-defense.

7(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
8commits an assault or battery upon a current or former spouse,
9fiancé, fiancée, a current or former cohabitant as defined in Section
106209 of the Family Code, a person with whom the suspect currently
11is having or has previously had an engagement or dating
12relationship, as defined in paragraph (10) of subdivision (f) of
13Section 243, a person with whom the suspect has parented a child,
14or is presumed to have parented a child pursuant to the Uniform
15Parentage Act (Part 3 (commencing with Section 7600) of Division
1612 of the Family Code), a child of the suspect, a child whose
17parentage by the suspect is the subject of an action under the
18Uniform Parentage Act, a child of a person in one of the above
19categories, any other person related to the suspect by consanguinity
20or affinity within the second degree, or any person who is 65 years
21of age or older and who is related to the suspect by blood or legal
22guardianship, a peace officer may arrest the suspect without a
23warrant when both of the following circumstances apply:

24(1) The peace officer has probable cause to believe that the
25person to be arrested has committed the assault or battery, whether
26or not it has in fact been committed.

27(2) The peace officer makes the arrest as soon as probable cause
28arises to believe that the person to be arrested has committed the
29assault or battery, whether or not it has in fact been committed.

30(e) In addition to the authority to make an arrest without a
31warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
32peace officer may, without a warrant, arrest a person for a violation
33of Section 25400 when all of the following apply:

34(1) The officer has reasonable cause to believe that the person
35to be arrested has committed the violation of Section 25400.

36(2) The violation of Section 25400 occurred within an airport,
37as defined in Section 21013 of the Public Utilities Code, in an area
38to which access is controlled by the inspection of persons and
39property.

P5    1(3) The peace officer makes the arrest as soon as reasonable
2cause arises to believe that the person to be arrested has committed
3the violation of Section 25400.

4(f) In addition to the authority to make an arrest without a
5warrant pursuant to subdivision (a), a peace officer may, without
6a warrant, arrest a person if the officer has probable cause to believe
7that the person to be arrested has violated subdivision (m) of
8Section 647, although not in the presence of the officer.

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SEC. 3.  

If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.

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