BILL NUMBER: SB 795 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Public Safety (Senators Hancock (Chair),
Anderson, Leno, Liu, McGuire, Monning, and Stone)
MARCH 10, 2015
An act to amend Sections 384a, 849, 4030, and 4504 of the Penal
Code, and to repeal Section 1403 of the Welfare and Institutions
Code, relating to public safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 795, as introduced, Committee on Public Safety. Public Safety
Omnibus.
(1) Existing law, when a person is arrested without a warrant,
requires the person, if not otherwise released and without
unnecessary delay, to be taken before the nearest or most accessible
magistrate in the county in which the offense is triable, unless
certain exemptions apply, including that the person was arrested for
intoxication only and no further proceedings are desirable.
This bill would exempt a person from the requirement of, without
unnecessary delay, being taken before the nearest or most accessible
magistrate in the county in which the offense is triable if the
person is arrested for driving under the influence of alcohol or
drugs and the person is delivered to a hospital for medical treatment
that prohibits immediate delivery before a magistrate.
(2) Existing law establishes a statewide policy strictly limiting
strip and body cavity searches of prearrangement detainees arrested
for infraction or misdemeanor offenses and of minors detained prior
to a detention hearing on the grounds that he or she is alleged to
have committed a misdemeanor or infraction offense. Existing law
provides that if a person is arrested and taken into custody, that
person may be subjected to patdown searches, metal detector searches,
and thorough clothing searches in order to discover and retrieve
concealed weapons and contraband substances prior to being placed in
a booking cell.
This bill would provide that if a person is arrested and taken
into custody that person may also be subjected to a body scanner
search.
(3) Existing law, the Interstate Compact for Juveniles, adopted by
this state and effective until January 1, 2016, establishes an
interstate commission of the compacting states to, among other
things, oversee, supervise, and coordinate the interstate movement of
juveniles.
This bill would delete the repeal date of these provisions, and
would thereby extend the operation of the provisions indefinitely.
(4) This bill would make other technical, nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 384a of the Penal Code is amended to read:
384a. Every person who within the State of California
(a) (1) A
person shall not willfully or negligently cuts,
destroys, mutilates, or removes any tree or shrub, or fern or herb or
bulb or cactus or flower, or huckleberry or redwood greens, or
portion of any tree or shrub, or fern or herb or bulb or cactus or
flower, or huckleberry or redwood greens, cut,
destroy, mutilate, or remove plant material that is growing
upon state or county highway rights-of-way, or who removes
leaf mold thereon, except that the provisions of this section shall
not be construed to apply to any employee of the state or of any
political subdivision thereof engaged in work upon any state, county,
or public road or highway while performing work under the
supervision of the state or of any political subdivision thereof, and
every person who willfully or negligently cuts, destroys, mutilates,
or removes any tree or shrub, or fern or herb or bulb or cactus or
flower, or huckleberry or redwood greens, or portions of any tree or
shrub, or fern or herb or bulb or cactus or flower, or huckleberry or
redwood greens, growing upon public land or upon land not his or her
own, or leaf mold on the surface of public land, or upon land not
his or her own, without a written permit from the owner of the land
signed by the owner or the owner's authorized agent, and every person
who knowingly sells, offers, or exposes for sale, or transports for
sale, any tree or shrub, or fern or herb or bulb or cactus or flower,
or huckleberry or redwood greens, or portion of any tree or shrub,
or fern or herb or bulb or cactus or flower, or huckleberry or
redwood greens, or leaf mold, so cut or removed from state or county
highway rights-of-way, or removed from public land or from land not
owned by the person who cut or removed the same without the written
permit from the owner of the land, signed by the owner or the owner's
authorized agent, is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand
dollars ($1,000), by imprisonment in a county jail for not more than
six months, or by both fine and imprisonment.
rights-of-way.
(2) A person shall not willfully or negligently cut, destroy,
mutilate, or remove plant material that is growing upon public land
or upon land that is not his or hers without a written permit from
the owner of the land, signed by the owner of the land or the owner's
authorized agent, as provided in subdivision (c).
(3) A person shall not knowingly sell, offer or expose for sale,
or transport for sale plant material that is cut or removed in
violation of this subdivision.
(b) For purposes of this section, "plant material" means a tree,
shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood
green, or a portion of any of those, or the leaf mold on those
plants. "Plant material" does not include a tree, shrub, fern, herb,
bulb, cactus, flower, or greens declared by law to be a public
nuisance.
The
(c) (1) The
written permit required under this section
by paragraph (2) of subdivision (a) shall be signed by the
landowner, or the landowner's authorized agent, and acknowledged
before a notary public, or other person authorized by law to take
acknowledgments. The permit shall contain the number and species of
trees and amount of shrubs or ferns or herbs or bulbs or
cacti or flowers, or huckleberry or redwood greens, or portions of
any tree or shrub, plant material, and shall
contain the legal description of the real property as usually found
in deeds and conveyances of the land on which cutting or
removal, or both, removal shall take place. One
copy of the permit shall be filed in the office of the sheriff of the
county in which the land described in the permit is located. The
permit shall be filed prior to the commencement of cutting
of the trees or shrub or fern or herb or bulb or cactus or
flower or huckleberry or redwood green or portions of any tree or
shrub or removal of plant material authorized by
the permit. The
(2) The permit required by this
section need not be notarized or filed with the office of
the sheriff of the county where trees are to be
removed when five or less trees or when five or
less pounds of shrubs or boughs are to be cut or removed.
Any
(d) A county or state fire
warden, or warden; personnel of the
Department of Forestry and Fire Protection , as designated
by the Director of Forestry and Fire Protection, and
Protection; personnel of the United States
Forest Service , as designated by the Regional Forester,
Region 5, of the United States Forest Service,
Service; or any a peace
officer of the State of California, may enforce the provisions of
this section and may confiscate any and all such shrubs,
trees, ferns or herbs or bulbs or cacti or flowers, or huckleberry or
redwood greens or leaf mold, or parts thereof plant
material unlawfully cut or removed or knowingly sold, offered,
or exposed or transported for sale as provided in this section.
This section does not apply to any tree or shrub, or fern or herb
or bulb or cactus or flower, or greens declared by law to be a public
nuisance.
This
(e) This section does not apply
to the any of the following:
(1) An employee of the state or of a political subdivision of the
state who is engaged in work upon a state, county, or public road or
highway while performing work under the supervision of the state or a
political subdivision of the state.
(2) A person engaged in the
necessary cutting or trimming of any trees, shrubs, or ferns
or herbs or bulbs or cacti or flowers, or greens if done
plant mater ial for the purpose of protecting
or maintaining an electric powerline, telephone line, or other
property of a public utility.
This section does not apply to persons
(3) A person engaged in logging
operations, or in suppressing fires.
operations or fire suppression.
(f) A violation of this section shall be a misdemeanor, punishable
by a fine of not more than one thousand dollars ($1,000), by
imprisonment in a county jail for not more than six months, or by
both that fine and imprisonment.
SEC. 2. Section 849 of the Penal Code is amended to read:
849. (a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, and without
unnecessary delay, shall be taken before the nearest or
most accessible magistrate in the county in which the offense is
triable, and a complaint stating the charge against the arrested
person shall be laid before such the
magistrate.
(b) Any A peace officer may release
from custody, instead of taking such the
person before a magistrate, any a
person arrested without a warrant whenever
in the following circumstances :
(1) He or she The officer is
satisfied that there are insufficient grounds for making a criminal
complaint against the person arrested.
(2) The person arrested was arrested for intoxication only, and no
further proceedings are desirable.
(3) The person was arrested only for being under the influence of
a controlled substance or drug and such the
person is delivered to a facility or hospital for treatment and
no further proceedings are desirable.
(4) The person was arrested for driving under the influence of
alcohol or drugs and the person is delivered to a hospital for
medical treatment that prohibits immediate delivery before a
magistrate.
(c) Any The record of arrest of a
person released pursuant to paragraphs (1) and (3) of subdivision (b)
shall include a record of release. Thereafter, such
the arrest shall not be deemed an arrest, but a
detention only.
SEC. 3. Section 4030 of the Penal Code is amended to read:
4030. (a) (1) The Legislature finds and
declares that law enforcement policies and practices for conducting
strip or body cavity searches of detained persons vary widely
throughout California. Consequently, some people have been
arbitrarily subjected to unnecessary strip and body cavity searches
after arrests for minor misdemeanor and infraction offenses. Some
present search practices violate state and federal constitutional
rights to privacy and freedom from unreasonable searches and
seizures.
It
(2) It is the intent of the
Legislature in enacting this section to protect the state and federal
constitutional rights of the people of California by establishing a
statewide policy strictly limiting strip and body cavity searches.
(b) The provisions of this section shall apply only to
prearraignment prearrangement detainees arrested
for infraction or misdemeanor offenses and to any minor detained
prior to a detention hearing on the grounds that he or she is a
person described in Section 300, 601, or 602 of the Welfare and
Institutions Code alleged to have committed a misdemeanor or
infraction offense. The provisions of this section shall not apply to
any a person in the custody of the
Director Secretary of the Department of
Corrections and Rehabilitation or the Director of
the Youth Authority. the Division of Juvenile
Justice in the Department of Corrections and Rehabilitation.
(c) As used in this section, "strip search" means a search which
requires a person to remove or arrange some or all of his or her
clothing so as to permit a visual inspection of the underclothing,
breasts, buttocks, or genitalia of such person.
(d)
(c) As used in this section the following
definitions shall apply :
(1) "Body cavity" only means the stomach or rectal cavity of a
person, and vagina of a female person.
(2) "Visual body cavity search" means visual inspection of a body
cavity.
(3)
(2) "Physical body cavity search" means physical
intrusion into a body cavity for the purpose of discovering any
object concealed in the body cavity.
(3) "Strip search" means a search that requires a person to remove
or arrange some or all of his or her clothing so as to permit a
visual inspection of the underclothing, breasts, buttocks, or
genitalia of that person.
(4) "Visual body cavity search" means visual inspection of a body
cavity.
(e)
(d) Notwithstanding any other provision of
law, including Section 40304.5 of the Vehicle Code, when a
person is arrested and taken into custody, that person may be
subjected to patdown searches, metal detector searches, body
scanners, and thorough clothing searches in order to discover
and retrieve concealed weapons and contraband substances prior to
being placed in a booking cell.
(f) No person
(e) A person arrested and held in
custody on a misdemeanor or infraction offense, except those
involving weapons, controlled substances or violence nor any
substances, or violence, or a minor detained
prior to a detention hearing on the grounds that he or she is a
person described in Section 300, 601 or 602 of the Welfare and
Institutions Code, except for those minors alleged to have committed
felonies or offenses involving weapons, controlled
substances substances, or violence, shall
not be subjected to a strip search or visual body cavity search
prior to placement in the general jail population, unless a peace
officer has determined there is reasonable suspicion
suspicion, based on specific and articulable
facts facts, to believe such
that person is concealing a weapon or
contraband, contraband and a strip search will
result in the discovery of the weapon or contraband. No
A strip search or visual body cavity
search or both may search, or both, shall not be
conducted without the prior written authorization of the supervising
officer on duty. The authorization shall include the specific and
articulable facts and circumstances upon which the reasonable
suspicion determination was made by the supervisor.
(g)
(f) (1) Except pursuant to the provisions of paragraph
(2), no a person arrested and held in
custody on a misdemeanor or infraction offense not involving weapons,
controlled substances substances, or
violence, shall not be confined in the general jail
population unless all of the following are true:
(i) The person is not cited and released.
(ii) The person is not released on his or her own recognizance
pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of
Title 10 of Part 2.
(iii) The person is not able to post bail within a reasonable
time time, not less than three hours.
(2) No A person may
shall not be housed in the general jail
population prior to release pursuant to the provisions of paragraph
(1) unless a documented emergency exists and there is no reasonable
alternative to such that placement.
Such The person shall be placed in the
general population only upon prior written authorization documenting
the specific facts and circumstances of the emergency. The written
authorization shall be signed by the uniformed supervisor of the
facility or by a uniformed watch commander. Any
A person confined in the general jail population pursuant
to paragraph (1) shall retain all rights to release on citation, his
or her own recognizance, or bail which that
were preempted as a consequence of the emergency.
(h) No
(g) A person arrested on a
misdemeanor or infraction offense, nor any or
a minor described in subdivision (b), shall not be
subjected to a physical body cavity search except under the authority
of a search warrant issued by a magistrate specifically authorizing
the physical body cavity search.
(i)
(h) A copy of the prior written authorization required
by subdivisions (e) and (f) and (g) and
the search warrant required by subdivision (h)
(g) shall be placed in the agency's records and made
available, on request, to the person searched or his or her
authorized representative. With regard to any
a strip, visual visual, or body
search, the time, date date, and place
of the search, the name and sex of the person conducting the
search search, and a statement of the results of
the search, including a list of any items removed
from the person searched, shall be recorded in the agency's records
and made available, upon request, to the person searched or his or
her authorized representative.
(j)
(i) Persons conducting a strip search or a visual body
cavity search shall not touch the breasts, buttocks, or genitalia of
the person being searched.
(k)
(j) A physical body cavity search shall be conducted
under sanitary conditions, and only by a physician, nurse
practitioner, registered nurse, licensed vocational nurse
nurse, or emergency medical technician Level II
licensed to practice in this state. Any A
physician engaged in providing health care to detainees and
inmates of the facility may conduct physical body cavity searches.
( l ) All persons
(k) A person conducting or
otherwise present during a strip search or visual or physical body
cavity search shall be of the same sex as the person being searched,
except for physicians or licensed medical personnel.
(m)
( l ) All strip, visual
visual, and physical body cavity searches shall
be conducted in an area of privacy so that the search cannot be
observed by persons not participating in the search. Persons are
considered to be participating in the search if their official duties
relative to search procedure require them to be present at the time
the search is conducted.
(n)
(m) A person who knowingly and willfully authorizes or
conducts a strip, visual visual, or
physical body cavity search in violation of this section is guilty of
a misdemeanor.
(o)
(n) Nothing in this section shall be construed as
limiting any the common law or
statutory rights of any a person
regarding any an action for damages or
injunctive relief, or as precluding the prosecution under another
provision of law of any a
peace officer or other person who has violated this section.
(p)
(o) Any person who suffers damage or harm as a result
of a violation of this section may bring a civil action to recover
actual damages, or one thousand dollars ($1,000), whichever is
greater. In addition, the court may, in its discretion, award
punitive damages, equitable relief as it deems necessary and proper,
and costs, including reasonable attorney's fees.
SEC. 4. Section 4504 of the Penal Code is amended to read:
4504. For purposes of this chapter:
(a) A person is deemed confined in a "state prison" if he or
she is confined in any of the prisons and institutions
specified in Section 5003 by order made pursuant to law, including,
but not limited to, commitments to the Department of Corrections
or the Department of the Youth Authority, and
Rehabilitation or the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, regardless of the purpose of
such the confinement and regardless of
the validity of the order directing such the
confinement, until a judgment of a competent court setting
aside such the order becomes final.
(b) A person is deemed "confined in" a prison although, at the
time of the offense, he or she is temporarily outside its
walls or bounds for the purpose of serving on a work detail
or detail, for the purpose of confinement in a
local correctional institution pending trial
trial, or for any other purpose for which a prisoner may be
allowed temporarily outside the walls or bounds of the
prison, but a prison. A prisoner who has been
released on parole is not deemed "confined in" a prison for purposes
of this chapter.
SEC. 5. Section 1403 of the Welfare and Institutions Code is
repealed.
1403. This chapter shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
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