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.
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.
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 1031 of the Government Code is amended
Each class of public officers or employees declared by
4law to be peace officers shall meet all of the following minimum
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
14(e) Be a high school graduate, pass the General Education
15Development Test or other high school equivalency test approved
16by the State Department of Education that indicates high school
17graduation level, pass the California High School Proficiency
18Examination, or have attained a two-year, four-year, or advanced
19degree from an accredited college or university. The high school
20shall be either a United States public school, an accredited United
21States Department of Defense high school, or an accredited or
22approved public or nonpublic high school. Any accreditation or
23approval required by this subdivision shall be from a state or local
24government educational agency using local or state government
25approved accreditation, licensing, registration, or other approval
26standards, a regional accrediting association, an accrediting
27association recognized by the Secretary of the United States
28Department of Education, an accrediting association holding full
29membership in the National Council for Private School
30Accreditation (NCPSA), an organization holding full membership
31in AdvancED, an organization holding full membership in the
32Council for American Private Education (CAPE), or an accrediting
33association recognized by the National Federation of Nonpublic
34School State Accrediting Associations (NFNSSAA).
35(f) Be found to be free from any physical, emotional, or mental
36condition that might adversely affect the exercise of the powers
37of a peace officer.
P4 1(1) Physical condition shall be evaluated by a licensed physician
3(2) Emotional and mental condition shall be evaluated by either
4of the following:
5(A) A physician and surgeon who holds a valid California
6license to practice medicine, has successfully completed a
7postgraduate medical residency education program in psychiatry
8accredited by the Accreditation Council for Graduate Medical
9Education, and has at least the equivalent of five full-time years
10of experience in the diagnosis and treatment of emotional and
11mental disorders, including the equivalent of three full-time years
12accrued after completion of the psychiatric residency program.
13(B) A psychologist licensed by the California Board of
14Psychology who has at least the equivalent of five full-time years
15of experience in the diagnosis and treatment of emotional and
16mental disorders, including the equivalent of three full-time years
18The physician and surgeon or psychologist shall also have met
19any applicable education and training procedures set forth by the
20California Commission on Peace Officer Standards and Training
21designed for the conduct of preemployment psychological
22screening of peace officers.
23(g) This section shall not be construed to preclude the adoption
24of additional or higher standards, including age.
Section 384a of the Penal Code is amended to read:
(a) (1) A person shall not willfully or negligently cut,
27destroy, mutilate, or remove plant material that is growing upon
28state or county highway rights-of-way.
29(2) A person shall not willfully or negligently cut, destroy,
30mutilate, or remove plant material that is growing upon public land
31or upon land that is not his or hers without a written permit from
32the owner of the land, signed by the owner of the land or the
33owner’s authorized agent, as provided in subdivision (c).
34(3) A person shall not knowingly sell, offer or expose for sale,
35or transport for sale plant material that is cut or removed in
36violation of this subdivision.
37(b) For purposes of this section, “plant material” means a tree,
38shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood
39green, or a portion of any of those, or the leaf mold on those plants.
P5 1“Plant material” does not include a tree, shrub, fern, herb, bulb,
2cactus, flower, or greens declared by law to be a public nuisance.
3(c) (1) The written permit required by paragraph (2) of
4subdivision (a) shall be signed by the landowner, or the
5landowner’s authorized agent, and acknowledged before a notary
6public, or other person authorized by law to take acknowledgments.
7The permit shall contain the number and species of trees and
8amount of plant material, and shall contain the legal description
9of the real property as usually found in deeds and conveyances of
10the land on which cutting or removal shall take place. One copy
11of the permit shall be filed in the office of the sheriff of the county
12in which the land described in the permit is located. The permit
13shall be filed prior to the commencement of cutting or removal of
14plant material authorized by the permit.
15(2) The permit required by this section need not be notarized
16or filed with the sheriff when five or less pounds of shrubs or
17boughs are to be cut or removed.
18(d) A county or state fire warden; personnel of the Department
19of Forestry and Fire Protection, as designated by the Director of
20Forestry and Fire Protection; personnel of the United States Forest
21Service, as designated by the Regional Forester, Region 5, of the
22 United States Forest Service; or a peace officer of the State of
23California, may enforce the provisions of this section and may
24confiscate any and all plant material unlawfully cut or removed
25or knowingly sold, offered, or exposed or transported for sale as
26provided in this section.
27(e) This section does not apply to any of the following:
28(1) An employee of the state or of a political subdivision of the
29state who is engaged in work upon a state, county, or public road
30or highway while performing work under the supervision of the
31state or a political subdivision of the state.
32(2) A person engaged in the necessary cutting or trimming of
33 plant material for the purpose of protecting or maintaining an
34electric powerline, telephone line, or other property of a public
36(3) A person engaged in logging operations or fire suppression.
37(f) A violation of this section shall be a misdemeanor, punishable
38by a fine of not more than one thousand dollars ($1,000), by
39imprisonment in a county jail for not more than six months, or by
40both that fine and imprisonment.
Section 849 of the Penal Code is amended to read:
(a) When an arrest is made without a warrant by a peace
3officer or private person, the person arrested, if not otherwise
4released, shall, without unnecessary delay, be taken before the
5nearest or most accessible magistrate in the county in which the
6offense is triable, and a complaint stating the charge against the
7arrested person shall be laid before the magistrate.
8(b) A peace officer may release from custody, instead of taking
9the person before a magistrate, a person arrested without a warrant
10in the following circumstances:
11(1) The officer is satisfied that there are insufficient grounds
12for making a criminal complaint against the person arrested.
13(2) The person arrested was arrested for intoxication only, and
14no further proceedings are desirable.
15(3) The person was arrested only for being under the influence
16of a controlled substance or drug and the person is delivered to a
17facility or hospital for treatment and no further proceedings are
19(4) The person was arrested for driving under the influence of
20alcohol or drugs and the person is delivered to a hospital for
21medical treatment that prohibits immediate delivery before a
23(c) The record of arrest of a person released pursuant to
24paragraphs (1) and (3) of subdivision (b) shall include a record of
25release. Thereafter, the arrest shall not be deemed an arrest, but a
Section 4030 of the Penal Code is amended to read:
(a) (1) The Legislature finds and declares that law
29enforcement policies and practices for conducting strip or body
30cavity searches of detained persons vary widely throughout
31California. Consequently, some people have been arbitrarily
32subjected to unnecessary strip and body cavity searches after arrests
33for minor misdemeanor and infraction offenses. Some present
34search practices violate state and federal constitutional rights to
35privacy and freedom from unreasonable searches and seizures.
36(2) It is the intent of the Legislature in enacting this section to
37protect the state and federal constitutional rights of the people of
38California by establishing a statewide policy strictly limiting strip
39and body cavity searches.
P7 1(b) The provisions of this section shall apply only to
2prearraignment detainees arrested for infraction or misdemeanor
3offenses and to any minor detained prior to a detention hearing on
4the grounds that he or she is a person described in Section 300,
5601, or 602 of the Welfare and Institutions Code alleged to have
6committed a misdemeanor or infraction offense. The provisions
7of this section shall not apply to a person in the custody of the
8Secretary of the Department of Corrections and Rehabilitation or
9the Director of the Division of Juvenile Justice in the Department
10of Corrections and Rehabilitation.
11(c) As used in this section the following definitions shall apply:
12(1) “Body cavity” only means the stomach or rectal cavity of a
13person, and vagina of a female person.
14(2) “Physical body cavity search” means physical intrusion into
15a body cavity for the purpose of discovering any object concealed
16in the body cavity.
17(3) “Strip search” means a search that requires a person to
18remove or arrange some or all of his or her clothing so as to permit
19a visual inspection of the underclothing, breasts, buttocks, or
20genitalia of that person.
21(4) “Visual body cavity search” means visual inspection of a
23(d) Notwithstanding any other law, including Section
24of the Vehicle Code, when a person is arrested and taken into
25custody, that person may be subjected to patdown searches, metal
26detector searches, body scanners, and thorough clothing searches
27in order to discover and retrieve concealed weapons and contraband
28substances prior to being placed in a booking cell.
29(e) A person arrested and held in custody on a misdemeanor or
30infraction offense, except those involving weapons, controlled
31substances, or violence, or a minor detained prior to a detention
32hearing on the grounds that he or she is a person described in
33Section 300, 601 or 602 of the Welfare and Institutions Code,
34except for those minors alleged to have committed felonies or
35offenses involving weapons, controlled substances, or violence,
36shall not be subjected to a strip search or visual body cavity search
37prior to placement in the general jail population, unless a peace
38officer has determined there is reasonable suspicion, based on
39specific and articulable facts, to believe that person is concealing
40a weapon or contraband and a strip search will result in the
P8 1discovery of the weapon or contraband. A strip search or visual
2body cavity search, or both, shall not be conducted without the
3prior written authorization of the supervising officer on duty. The
4authorization shall include the specific and articulable facts and
5circumstances upon which the reasonable suspicion determination
6was made by the supervisor.
7(f) (1) Except pursuant to the provisions of paragraph (2), a
8person arrested and held in custody on a misdemeanor or infraction
9offense not involving weapons, controlled substances, or violence,
10shall not be confined in the general jail population unless all of
11the following are true:
12(A) The person is not cited and released.
13(B) The person is not released on his or her own recognizance
14pursuant to Article 9 (commencing with Section 1318) of Chapter
151 of Title 10 of Part 2.
16(C) The person is not able to post bail within a reasonable time,
17not less than three hours.
18(2) A person shall not be housed in the general jail population
19prior to release pursuant to the provisions of paragraph (1) unless
20a documented emergency exists and there is no reasonable
21alternative to that placement. The person shall be placed in the
22general population only upon prior written authorization
23documenting the specific facts and circumstances of the emergency.
24The written authorization shall be signed by the uniformed
25supervisor of the facility or by a uniformed watch commander. A
26person confined in the general jail population pursuant to paragraph
27(1) shall retain all rights to release on citation, his or her own
28recognizance, or bail that were preempted as a consequence of the
30(g) A person arrested on a misdemeanor or infraction offense,
31or a minor described in subdivision (b), shall not be subjected to
32a physical body cavity search except under the authority of a search
33warrant issued by a magistrate specifically authorizing the physical
34body cavity search.
35(h) A copy of the prior written authorization required by
36subdivisions (e) and (f) and the search warrant required by
37subdivision (g) shall be placed in the agency’s records and made
38available, on request, to the person searched or his or her authorized
39representative. With regard to a strip, visual, or body search, the
40time, date, and place of the search, the name and sex of the person
P9 1conducting the search, and a statement of the results of the search,
2including a list of items removed from the person searched, shall
3be recorded in the agency’s records and made available, upon
4 request, to the person searched or his or her authorized
6(i) Persons conducting a strip search or a visual body cavity
7search shall not touch the breasts, buttocks, or genitalia of the
8person being searched.
9(j) A physical body cavity search shall be conducted under
10sanitary conditions, and only by a physician, nurse practitioner,
11registered nurse, licensed vocational nurse, or emergency medical
12technician Level II licensed to practice in this state. A physician
13engaged in providing health care to detainees and inmates of the
14facility may conduct physical body cavity searches.
15(k) A person conducting or otherwise present during a strip
16search or visual or physical body cavity search shall be of the same
17sex as the person being searched, except for physicians or licensed
19(l) All strip, visual, and physical body cavity searches shall be
20conducted in an area of privacy so that the search cannot be
21observed by persons not participating in the search. Persons are
22considered to be participating in the search if their official duties
23relative to search procedure require them to be present at the time
24the search is conducted.
25(m) A person who knowingly and willfully authorizes or
26conducts a strip, visual, or physical body cavity search in violation
27of this section is guilty of a misdemeanor.
28(n) Nothing in this section shall be construed as limiting the
29common law or statutory rights of a person regarding an action
30for damages or injunctive relief, or as precluding the prosecution
31under another law of a peace officer or other person who has
32violated this section.
33(o) Any person who suffers damage or harm as a result of a
34violation of this section may bring a civil action to recover actual
35damages, or one thousand dollars ($1,000), whichever is greater.
36In addition, the court may, in its discretion, award punitive
37damages, equitable relief as it deems necessary and proper, and
38costs, including reasonable attorney’s fees.
Section 4131.5 of the Penal Code is amended and
40renumbered to read:
Every person confined in, sentenced to, or serving a
2sentence in, a city or county jail, industrial farm, or industrial road
3camp in this state, who commits a battery upon the person of any
4individual who is not himself or herself a person confined or
5sentenced therein, is guilty of a public offense and is subject to
6punishment by imprisonment pursuant to subdivision (h) of Section
71170, or in a county jail for not more than one year.
Section 4504 of the Penal Code is amended to read:
For purposes of this chapter:
10(a) A person is deemed confined in a “state prison” if he or she
11is confined in any of the prisons and institutions specified in
12Section 5003 by order made pursuant to law, including, but not
13limited to, commitments to the Department of Corrections and
14Rehabilitation or the Department of Corrections and Rehabilitation,
15Division of Juvenile Justice, regardless of the purpose of the
16confinement and regardless of the validity of the order directing
17the confinement, until a judgment of a competent court setting
18aside the order becomes final.
19(b) A person is deemed “confined in” a
prison although, at the
20time of the offense, he or she is temporarily outside its walls or
21bounds for the purpose of serving on a work detail, for the purpose
22of confinement in a local correctional institution pending trial, or
23for any other purpose for which a prisoner may be allowed
24temporarily outside the walls or bounds of the prison. A prisoner
25who has been released on parole is not deemed “confined in” a
26prison for purposes of this chapter.
(a) The department shall protect the state park system
30and the state vehicular recreation area and trail system from damage
31and preserve the peace therein.
32(b) The director may designate any officer or employee of the
33department as a peace officer. The primary duties of the peace
34officer shall be the enforcement of this division, Sections 4442
35and 4442.5, the rules and regulations of the department, Chapter
365 (commencing with Section 650) of Division 3 of the Harbors
37and Navigation Code, the rules and regulations of the
begin delete Departmentend delete
38 of Boating and
begin delete Waterways,end delete Chapter 2 (commencing with Section 9850) of
40Division 3.5 of the Vehicle Code, and Division 16.5 (commencing
P11 1with Section 38000) of the Vehicle Code and to arrest persons for
2the commission of public offenses within the property under its
3jurisdiction. The authority and powers of the peace officer shall
4be limited to those conferred by law upon peace officers listed in
5Section 830.2 of the Penal Code.
6(c) The department shall protect property included in the
7California recreational trail system and the property included in
8the recreational trail system under Section 6 of Chapter 1234 of
9the Statutes of 1980 from damage and preserve the peace therein.
10The primary duties of any officer or employee designated a peace
11officer under this section shall include enforcement of the rules
12and regulations established by the department
begin delete under subdivision
begin deletelend delete begin delete) of Section 6 of Chapter 1234 of the Statutes of 1980end delete and the
14arrest of persons for the commission of public offenses within the
15property included in the recreational trail system under Section 6
16of Chapter 1234 of the Statutes of 1980.
17(d) Any person who violates the rules and regulations established
18by the department is guilty of
begin delete a misdemeanor and upon conviction by
19shall be punishedend delete
20imprisonment in the county jail not exceeding 90 days, or by a
21fine not exceeding one thousand dollars ($1,000), or by both that
begin delete imprisonment, except that at the time a particular action more than one thousand dollars ($1,000).
23is commenced, the judge may, considering the recommendation
24of the prosecuting attorney, reduce the charged offense from a
25misdemeanor to an infraction. Any person convicted of the offense
26after such a reduction shall be punished by a fine of not less than
27ten dollars ($10) norend delete
Section 1403 of the Welfare and Institutions Code is