Amended in Assembly June 18, 2015

Amended in Senate June 1, 2015

Senate BillNo. 795


Introduced by Committee on Public Safety (Senators Hancock (Chair), Anderson, Leno, Liu, McGuire, Monning, and Stone)

March 10, 2015


An actbegin insert to amend Section 1031 of the Government Code,end insert to amend Sections 384a, 849, 4030, and 4504begin delete ofend deletebegin insert of, and to amend and renumber Section 4131.5 of,end insert 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 amended, 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1031 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

1031.  

Each class of public officers or employees declared by
4law to be peace officers shall meet all of the following minimum
5standards:

6(a) Be a citizen of the United States or a permanent resident
7alien who is eligible for and has applied for citizenship, except as
8provided in Section 2267 of the Vehicle Code.

9(b) Be at least 18 years of age.

10(c) Be fingerprinted for purposes of search of local, state, and
11national fingerprint files to disclose a criminal record.

12(d) Be of good moral character, as determined by a thorough
13background investigation.

14(e) Be a high school graduate, pass the General Education
15Development Testbegin delete indicatingend deletebegin insert or other high school equivalency test
16approved by the State Department of Education that indicatesend insert
high
17school graduation level, pass the California High School
18Proficiency Examination, or have attained a two-year, four-year,
19or advanced degree from an accredited college or university. The
20high school shall be either a United States public school, an
P3    1accredited United States Department of Defense high school, or
2an accredited or approved public or nonpublic high school. Any
3accreditation or approval required by thisbegin delete paragraphend deletebegin insert subdivisionend insert
4 shall be from a state or local government educational agency using
5local or state government approved accreditation, licensing,
6registration, or other approval standards, a regional accrediting
7association, an accrediting association recognized by the Secretary
8of the United States Department of Education, an accrediting
9association holding full membership in the National Council for
10Private School Accreditation (NCPSA), an organization holding
11full membership inbegin delete the Commission on International and
12Trans-Regional Accreditation (CITA),end delete
begin insert AdvancED,end insert an organization
13holding full membership in the Council for American Private
14Education (CAPE), or an accrediting association recognized by
15the National Federation of Nonpublic School State Accrediting
16Associations (NFNSSAA).

17(f) Be found to be free from any physical, emotional, or mental
18condition that might adversely affect the exercise of the powers
19of a peace officer.

20(1) Physical condition shall be evaluated by a licensed physician
21and surgeon.

22(2) Emotional and mental condition shall be evaluated by either
23of the following:

24(A) A physician and surgeon who holds a valid California
25license to practice medicine, has successfully completed a
26postgraduate medical residency education program in psychiatry
27accredited by the Accreditation Council for Graduate Medical
28Education, and has at least the equivalent of five full-time years
29of experience in the diagnosis and treatment of emotional and
30mental disorders, including the equivalent of three full-time years
31accrued after completion of the psychiatric residency program.

32(B) A psychologist licensed by the California Board of
33Psychology who has at least the equivalent of five full-time years
34of experience in the diagnosis and treatment of emotional and
35mental disorders, including the equivalent of three full-time years
36accrued postdoctorate.

37The physician and surgeon or psychologist shall also have met
38any applicable education and training procedures set forth by the
39California Commission on Peace Officer Standards and Training
P4    1designed for the conduct of preemployment psychological
2screening of peace officers.

3(g) This section shall not be construed to preclude the adoption
4of additional or higher standards, including age.

begin delete

5(h) This section shall become operative on January 1, 2005.

end delete
6

begin deleteSECTION 1.end delete
7begin insertSEC. 2.end insert  

Section 384a of the Penal Code is amended to read:

8

384a.  

(a) (1) A person shall not willfully or negligently cut,
9destroy, mutilate, or remove plant material that is growing upon
10state or county highway rights-of-way.

11(2) A person shall not willfully or negligently cut, destroy,
12mutilate, or remove plant material that is growing upon public land
13or upon land that is not his or hers without a written permit from
14the owner of the land, signed by the owner of the land or the
15owner’s authorized agent, as provided in subdivision (c).

16(3) A person shall not knowingly sell, offer or expose for sale,
17or transport for sale plant material that is cut or removed in
18violation of this subdivision.

19(b) For purposes of this section, “plant material” means a tree,
20shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood
21green, or a portion of any of those, or the leaf mold on those plants.
22“Plant material” does not include a tree, shrub, fern, herb, bulb,
23cactus, flower, or greens declared by law to be a public nuisance.

24(c) (1) The written permit required by paragraph (2) of
25subdivision (a) shall be signed by the landowner, or the
26landowner’s authorized agent, and acknowledged before a notary
27public, or other person authorized by law to take acknowledgments.
28The permit shall contain the number and species of trees and
29amount of plant material, and shall contain the legal description
30of the real property as usually found in deeds and conveyances of
31the land on which cutting or removal shall take place. One copy
32of the permit shall be filed in the office of the sheriff of the county
33in which the land described in the permit is located. The permit
34shall be filed prior to the commencement of cutting or removal of
35plant material authorized by the permit.

36(2) The permit required by this section need not be notarized
37or filed with the sheriff when five or less pounds of shrubs or
38boughs are to be cut or removed.

39(d) A county or state fire warden; personnel of the Department
40of Forestry and Fire Protection, as designated by the Director of
P5    1Forestry and Fire Protection; personnel of the United States Forest
2Service, as designated by the Regional Forester, Region 5, of the
3United States Forest Service; or a peace officer of the State of
4California, may enforce the provisions of this section and may
5confiscate any and all plant material unlawfully cut or removed
6or knowingly sold, offered, or exposed or transported for sale as
7provided in this section.

8(e) This section does not apply to any of the following:

9(1) An employee of the state or of a political subdivision of the
10state who is engaged in work upon a state, county, or public road
11or highway while performing work under the supervision of the
12state or a political subdivision of the state.

13(2) A person engaged in the necessary cutting or trimming of
14 plant material for the purpose of protecting or maintaining an
15electric powerline, telephone line, or other property of a public
16utility.

17(3) A person engaged in logging operations or fire suppression.

18(f) A violation of this section shall be a misdemeanor, punishable
19by a fine of not more than one thousand dollars ($1,000), by
20imprisonment in a county jail for not more than six months, or by
21both that fine and imprisonment.

22

begin deleteSEC. 2.end delete
23begin insertSEC. 3.end insert  

Section 849 of the Penal Code is amended to read:

24

849.  

(a) When an arrest is made without a warrant by a peace
25officer or private person, the person arrested, if not otherwise
26released, shall, without unnecessary delay, be taken before the
27nearest or most accessible magistrate in the county in which the
28offense is triable, and a complaint stating the charge against the
29arrested person shall be laid before the magistrate.

30(b) A peace officer may release from custody, instead of taking
31the person before a magistrate, a person arrested without a warrant
32in the following circumstances:

33(1) The officer is satisfied that there are insufficient grounds
34for making a criminal complaint against the person arrested.

35(2) The person arrested was arrested for intoxication only, and
36no further proceedings are desirable.

37(3) The person was arrested only for being under the influence
38of a controlled substance or drug and the person is delivered to a
39facility or hospital for treatment and no further proceedings are
40desirable.

P6    1(4) The person was arrested for driving under the influence of
2alcohol or drugs and the person is delivered to a hospital for
3medical treatment that prohibits immediate delivery before a
4magistrate.

5(c) The record of arrest of a person released pursuant to
6paragraphs (1) and (3) of subdivision (b) shall include a record of
7release. Thereafter, the arrest shall not be deemed an arrest, but a
8detention only.

9

begin deleteSEC. 3.end delete
10begin insertSEC. 4.end insert  

Section 4030 of the Penal Code is amended to read:

11

4030.  

(a) (1) The Legislature finds and declares that law
12enforcement policies and practices for conducting strip or body
13cavity searches of detained persons vary widely throughout
14California. Consequently, some people have been arbitrarily
15subjected to unnecessary strip and body cavity searches after arrests
16for minor misdemeanor and infraction offenses. Some present
17search practices violate state and federal constitutional rights to
18privacy and freedom from unreasonable searches and seizures.

19(2) It is the intent of the Legislature in enacting this section to
20protect the state and federal constitutional rights of the people of
21California by establishing a statewide policy strictly limiting strip
22and body cavity searches.

23(b) The provisions of this section shall apply only to
24prearraignment detainees arrested for infraction or misdemeanor
25offenses and to any minor detained prior to a detention hearing on
26the grounds that he or she is a person described in Section 300,
27601, or 602 of the Welfare and Institutions Code alleged to have
28committed a misdemeanor or infraction offense. The provisions
29of this section shall not apply to a person in the custody of the
30Secretary of the Department of Corrections and Rehabilitation or
31the Director of the Division of Juvenile Justice in the Department
32of Corrections and Rehabilitation.

33(c) As used in this section the following definitions shall apply:

34(1) “Body cavity” only means the stomach or rectal cavity of a
35person, and vagina of a female person.

36(2) “Physical body cavity search” means physical intrusion into
37a body cavity for the purpose of discovering any object concealed
38in the body cavity.

39(3) “Strip search” means a search that requires a person to
40remove or arrange some or all of his or her clothing so as to permit
P7    1a visual inspection of the underclothing, breasts, buttocks, or
2genitalia of that person.

3(4) “Visual body cavity search” means visual inspection of a
4body cavity.

5(d) Notwithstanding any other law, including Section 40304.5
6of the Vehicle Code, when a person is arrested and taken into
7custody, that person may be subjected to patdown searches, metal
8detector searches, body scanners, and thorough clothing searches
9in order to discover and retrieve concealed weapons and contraband
10substances prior to being placed in a booking cell.

11(e) A person arrested and held in custody on a misdemeanor or
12infraction offense, except those involving weapons, controlled
13substances, or violence, or a minor detained prior to a detention
14hearing on the grounds that he or she is a person described in
15Section 300, 601 or 602 of the Welfare and Institutions Code,
16except for those minors alleged to have committed felonies or
17offenses involving weapons, controlled substances, or violence,
18shall not be subjected to a strip search or visual body cavity search
19prior to placement in the general jail population, unless a peace
20officer has determined there is reasonable suspicion, based on
21specific and articulable facts, to believe that person is concealing
22a weapon or contraband and a strip search will result in the
23discovery of the weapon or contraband. A strip search or visual
24body cavity search, or both, shall not be conducted without the
25prior written authorization of the supervising officer on duty. The
26authorization shall include the specific and articulable facts and
27circumstances upon which the reasonable suspicion determination
28was made by the supervisor.

29(f) (1) Except pursuant to the provisions of paragraph (2), a
30person arrested and held in custody on a misdemeanor or infraction
31offense not involving weapons, controlled substances, or violence,
32shall not be confined in the general jail population unless all of
33the following are true:

begin delete

34(i)

end delete

35begin insert(A)end insert The person is not cited and released.

begin delete

36(ii)

end delete

37begin insert(B)end insert The person is not released on his or her own recognizance
38pursuant to Article 9 (commencing with Section 1318) of Chapter
391 of Title 10 of Part 2.

begin delete

40(iii)

end delete

P8    1begin insert(C)end insert The person is not able to post bail within a reasonable time,
2not less than three hours.

3(2) A person shall not be housed in the general jail population
4prior to release pursuant to the provisions of paragraph (1) unless
5a documented emergency exists and there is no reasonable
6alternative to that placement. The person shall be placed in the
7general population only upon prior written authorization
8documenting the specific facts and circumstances of the emergency.
9The written authorization shall be signed by the uniformed
10supervisor of the facility or by a uniformed watch commander. A
11person confined in the general jail population pursuant to paragraph
12(1) shall retain all rights to release on citation, his or her own
13recognizance, or bail that were preempted as a consequence of the
14emergency.

15(g) A person arrested on a misdemeanor or infraction offense,
16or a minor described in subdivision (b), shall not be subjected to
17a physical body cavity search except under the authority of a search
18warrant issued by a magistrate specifically authorizing the physical
19body cavity search.

20(h) A copy of the prior written authorization required by
21subdivisions (e) and (f) and the search warrant required by
22subdivision (g) shall be placed in the agency’s records and made
23available, on request, to the person searched or his or her authorized
24representative. With regard to a strip, visual, or body search, the
25time, date, and place of the search, the name and sex of the person
26conducting the search, and a statement of the results of the search,
27including a list of items removed from the person searched, shall
28be recorded in the agency’s records and made available, upon
29 request, to the person searched or his or her authorized
30representative.

31(i) Persons conducting a strip search or a visual body cavity
32search shall not touch the breasts, buttocks, or genitalia of the
33person being searched.

34(j) A physical body cavity search shall be conducted under
35sanitary conditions, and only by a physician, nurse practitioner,
36registered nurse, licensed vocational nurse, or emergency medical
37technician Level II licensed to practice in this state. A physician
38engaged in providing health care to detainees and inmates of the
39facility may conduct physical body cavity searches.

P9    1(k) A person conducting or otherwise present during a strip
2search or visual or physical body cavity search shall be of the same
3sex as the person being searched, except for physicians or licensed
4medical personnel.

5(l) All strip, visual, and physical body cavity searches shall be
6conducted in an area of privacy so that the search cannot be
7observed by persons not participating in the search. Persons are
8considered to be participating in the search if their official duties
9relative to search procedure require them to be present at the time
10the search is conducted.

11(m) A person who knowingly and willfully authorizes or
12conducts a strip, visual, or physical body cavity search in violation
13of this section is guilty of a misdemeanor.

14(n) Nothing in this section shall be construed as limiting the
15common law or statutory rights of a person regarding an action
16for damages or injunctive relief, or as precluding the prosecution
17under another law of a peace officer or other person who has
18violated this section.

19(o) Any person who suffers damage or harm as a result of a
20violation of this section may bring a civil action to recover actual
21damages, or one thousand dollars ($1,000), whichever is greater.
22In addition, the court may, in its discretion, award punitive
23damages, equitable relief as it deems necessary and proper, and
24costs, including reasonable attorney’s fees.

25begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 4131.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended and
26renumbered to read:end insert

27

begin delete4131.5.end delete
28begin insert243.15.end insert  

Every person confined in, sentenced to, or serving a
29sentence in, a city or county jail, industrial farm, or industrial road
30camp in this state, who commits a battery upon the person of any
31individual who is not himself or herself a person confined or
32sentenced therein, is guilty of a public offense and isbegin delete punishableend delete
33begin insert subject to punishmentend insert by imprisonment pursuant to subdivision
34(h) of Section 1170, or in a county jail for not more than one year.

35

begin deleteSEC. 4.end delete
36begin insertSEC. 6.end insert  

Section 4504 of the Penal Code is amended to read:

37

4504.  

For purposes of this chapter:

38(a) A person is deemed confined in a “state prison” if he or she
39is confined in any of the prisons and institutions specified in
40Section 5003 by order made pursuant to law, including, but not
P10   1limited to, commitments to the Department of Corrections and
2Rehabilitation or the Department of Corrections and Rehabilitation,
3Division of Juvenile Justice, regardless of the purpose of the
4confinement and regardless of the validity of the order directing
5the confinement, until a judgment of a competent court setting
6aside the order becomes final.

7(b) A person is deemed “confined in” a prison although, at the
8time of the offense, he or she is temporarily outside its walls or
9bounds for the purpose of serving on a work detail, for the purpose
10of confinement in a local correctional institution pending trial, or
11for any other purpose for which a prisoner may be allowed
12temporarily outside the walls or bounds of the prison. A prisoner
13who has been released on parole is not deemed “confined in” a
14prison for purposes of this chapter.

15

begin deleteSEC. 5.end delete
16begin insertSEC. 7.end insert  

Section 1403 of the Welfare and Institutions Code is
17repealed.



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