Amended in Assembly August 24, 2015

Amended in Senate April 16, 2015

Senate BillNo. 417


Introduced bybegin delete Senator Stoneend deletebegin insert Senators Stone, Morrell, and Nielsenend insert

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(Coauthors: Senators Bates, Berryhill, Fuller, Gaines, Moorlach, and Runner)

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(Coauthor: Assembly Member Patterson)

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February 25, 2015


begin deleteAn act to amend Section 14215 of the Elections Code, relating to elections. end deletebegin insertAn act to amend Section 7282.5 of the Government Code, relating to immigration enforcement, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 417, as amended, Stone. begin deleteElections: election day procedures. end deletebegin insertLaw enforcement: United States Immigration and Customs Enforcement holds.end insert

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Existing law prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or local policy, and that the individual has been convicted of, or arrested for, specified crimes.

end insert
begin insert

This bill would instead require a law enforcement official to detain an individual on the basis of a United States Immigration and Customs Enforcement hold for up to 48 hours, excluding Saturdays, Sundays, and holidays, after that individual becomes eligible for release from custody if that individual has been convicted of, or arrested for, specified crimes and if the continued detention of the individual on the basis of the immigration hold would not violate any federal law. By imposing additional duties on local law enforcement officers, this bill would impose a state-mandated local program.

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The bill would require a local agency that violates these provisions to pay a fine of $100,000, to be collected by the Attorney General, and would allow the Attorney General to commence a civil action to enforce the fine. The bill would require proceeds of the fine to be deposited in the Restitution Fund, a continuously appropriated fund. By increasing deposits to be made to a continuously appropriated fund, this bill would make an appropriation.

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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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Existing law requires the precinct board, before receiving any ballots, in the presence of any persons assembled at the polling place, to open and exhibit and close the ballot container or containers. Thereafter, existing law prohibits the ballot container or containers from being removed from the polling place or presence of the bystanders until all the ballots are counted, nor opened until after the polls are finally closed.

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This bill would authorize the precinct board of a county with a geographic area of at least 2,500 square miles to remove the ballot container or containers from the polling place while the polls remain open only to facilitate the early delivery of ballots to the receiving centers or central counting places. The bill would prohibit a local agency exercising this authorization from seeking state reimbursement for associated costs. The bill would require the Secretary of State to adopt regulations for the secure delivery and transfer of the ballots to the receiving center or central counting place.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 7282.5 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

7282.5.  

(a) A law enforcement official shallbegin delete have discretion
4toend delete
cooperate with federal immigration officials by detaining an
5individual on the basis of an immigration holdbegin insert for up to 48 hours,
6excluding Saturdays, Sundays, and holidays,end insert
after that individual
7becomes eligible for release frombegin delete custody onlyend deletebegin insert custody,end insert if the
8continued detention of the individual on the basis of the
9immigration hold would not violate anybegin delete federal, state, or localend delete
10begin insert federalend insert law,begin delete or any local policy, and onlyend delete under any of the
11following circumstances:

12(1) The individual has been convicted of a serious or violent
13felony identified in subdivision (c) of Section 1192.7 of, or
14subdivision (c) of Section 667.5 of, the Penal Code.

15(2) The individual has been convicted of a felony punishable
16by imprisonment in the state prison.

17(3) The individual has been convicted within the past five years
18of a misdemeanor for a crime that is punishable as either a
19misdemeanor or a felony for, or has been convicted at any time of
20a felony for, any of the following offenses:

21(A) Assault, as specified in, but not limited to, Sections 217.1,
22220, 240, 241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5,
234500, and 4501 of the Penal Code.

24(B) Battery, as specified in, but not limited to, Sections 242,
25243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and
264501.5 of the Penal Code.

27(C) Use of threats, as specified in, but not limited to, Sections
2871, 76, 139, 140, 422, 601, and 11418.5 of the Penal Code.

29(D) Sexual abuse, sexual exploitation, or crimes endangering
30children, as specified in, but not limited to, Sections 266, 266a,
31266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288,
32288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal
33Code.

34(E) Child abuse or endangerment, as specified in, but not limited
35to, Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of
36the Penal Code.

37(F) Burglary, robbery, theft, fraud, forgery, or embezzlement,
38as specified in, but not limited to, Sections 211, 215, 459, 463,
P4    1470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal
2Code.

3(G) Driving under the influence of alcohol or drugs, but only
4for a conviction that is a felony.

5(H) Obstruction of justice, as specified in, but not limited to,
6Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code.

7(I) Bribery, as specified in, but not limited to, Sections 67, 67.5,
868, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code.

9(J) Escape, as specified in, but not limited to, Sections 107, 109,
10110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal
11Code.

12(K) Unlawful possession or use of a weapon, firearm, explosive
13device, or weapon of mass destruction, as specified in, but not
14limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3,
15417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2,
1612022.3, 12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750,
17and 18755 of, and subdivisions (c) and (d) of Section 26100 of,
18the Penal Code.

19(L) Possession of an unlawful deadly weapon, under the Deadly
20Weapons Recodification Act of 2010 (Part 6 (commencing with
21Section 16000) of the Penal Code).

22(M) An offense involving the felony possession, sale,
23distribution, manufacture, or trafficking of controlled substances.

24(N) Vandalism with prior convictions, as specified in, but not
25limited to, Section 594.7 of the Penal Code.

26(O) Gang-related offenses, as specified in, but not limited to,
27Sections 186.22, 186.26, and 186.28 of the Penal Code.

28(P) An attempt, as defined in Section 664 of, or a conspiracy,
29as defined in Section 182 of, the Penal Code, to commit an offense
30specified in this section.

31(Q) A crime resulting in death, or involving the personal
32infliction of great bodily injury, as specified in, but not limited to,
33subdivision (d) of Section 245.6 of, and Sections 187, 191.5, 192,
34192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code.

35(R) Possession or use of a firearm in the commission of an
36offense.

37(S) An offense that would require the individual to register as
38a sex offender pursuant to Section 290, 290.002, or 290.006 of the
39Penal Code.

P5    1(T) False imprisonment, slavery, and human trafficking, as
2specified in, but not limited to, Sections 181, 210.5, 236, 236.1,
3and 4503 of the Penal Code.

4(U) Criminal profiteering and money laundering, as specified
5in, but not limited to, Sections 186.2, 186.9, and 186.10 of the
6Penal Code.

7(V) Torture and mayhem, as specified in, but not limited to,
8Section 203 of the Penal Code.

9(W) A crime threatening the public safety, as specified in, but
10not limited to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a,
11451, and 11413 of the Penal Code.

12(X) Elder and dependent adult abuse, as specified in, but not
13limited to, Section 368 of the Penal Code.

14(Y) A hate crime, as specified in, but not limited to, Section
15422.55 of the Penal Code.

16(Z) Stalking, as specified in, but not limited to, Section 646.9
17of the Penal Code.

18(AA) Soliciting the commission of a crime, as specified in, but
19not limited to, subdivision (c) of Section 286 of, and Sections 653j
20and 653.23 of, the Penal Code.

21(AB) An offense committed while on bail or released on his or
22her own recognizance, as specified in, but not limited to, Section
2312022.1 of the Penal Code.

24(AC) Rape, sodomy, oral copulation, or sexual penetration, as
25specified in, but not limited to, paragraphs (2) and (6) of
26subdivision (a) of Section 261 of, paragraphs (1) and (4) of
27 subdivision (a) of Section 262 of, Section 264.1 of, subdivisions
28(c) and (d) of Section 286 of, subdivisions (c) and (d) of Section
29288a of, and subdivisions (a) and (j) of Section 289 of, the Penal
30Code.

31(AD) Kidnapping, as specified in, but not limited to, Sections
32207, 209, and 209.5 of the Penal Code.

33(AE) A violation of subdivision (c) of Section 20001 of the
34Vehicle Code.

35(4) The individual is a current registrant on the California Sex
36and Arson Registry.

37(5) The individual is arrested and taken before a magistrate on
38a charge involving a serious or violent felony, as identified in
39subdivision (c) of Section 1192.7 or subdivision (c) of Section
40667.5 of the Penal Code, a felony punishable by imprisonment in
P6    1state prison, or any felony listed in paragraph (2) or (3) other than
2domestic violence, and the magistrate makes a finding of probable
3cause as to that charge pursuant to Section 872 of the Penal Code.

4(6) The individual has been convicted of a federal crime that
5meets the definition of an aggravated felony as set forth in
6subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection
7(a) of Section 101 of the federal Immigration and Nationality Act
8(8 U.S.C. Sec. 1101), or is identified by the United States
9Department of Homeland Security’s Immigration and Customs
10Enforcement as the subject of an outstanding federal felony arrest
11warrant.

begin delete

12(b) If none of the conditions listed in subdivision (a) is satisfied,
13an individual shall not be detained on the basis of an immigration
14hold after the individual becomes eligible for release from custody.

end delete
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15(b) A local agency that violates subdivision (a) shall pay a fine
16of one hundred thousand dollars ($100,000), to be collected by
17the Attorney General, for each failure to detain an individual in
18violation of subdivision (a). The Attorney General may commence
19a civil action to enforce the fine. Proceeds of the fine shall be
20deposited in the Restitution Fund in the State Treasury for purposes
21of Chapter 5 (commencing with Section 13950) of Part 4 of
22Division 3 of Title 2.

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23begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.

end insert
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28

SECTION 1.  

Section 14215 of the Elections Code is amended
29to read:

30

14215.  

(a) Before receiving any ballots, the precinct board, in
31the presence of any persons assembled at the polling place, shall
32open and exhibit and close the ballot container or containers.
33Thereafter, except as specified in subdivision (b), the ballot
34container or containers shall not be removed from the polling place
35or presence of the bystanders until all the ballots are counted, nor
36opened until after the polls are finally closed.

37(b) (1) The precinct board may remove the ballot container or
38containers from the polling place while the polls remain open only
39to facilitate the early delivery of ballots to the receiving centers or
40 central counting places. The Secretary of State shall adopt
P7    1regulations for the secure delivery and transfer of the ballots to
2the receiving center or central counting place.

3(2) This subdivision applies only to a county of a geographic
4area of at least 2,500 square miles.

5(3) A local agency that exercises the authority set forth in
6paragraph (1) shall not seek reimbursement from the state for
7associated costs pursuant to Part 7 (commencing with Section
817500) of Division 4 of Title 2 of the Government Code.

end delete


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