Amended in Assembly July 15, 2015

Amended in Assembly June 29, 2015

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 act to amend Section 1031 of the Government Code, to amend Sections 384a, 849,begin delete 4030,end delete and 4504 of, and to amend and renumber Section 4131.5 of, the Penal Code, to amend Section 5008 of the Public Resources 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.

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(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.

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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.

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(3)

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begin insert(2)end insert Existing law requires the Department of Parks and Recreation to protect the state park system and the state vehicular recreation area and trail system from damage and to preserve the peace therein. Existing law provides that a person who violates the rules and regulations established by the department is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment, as specified, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Existing law also requires that a person who is convicted of the offense after that reduction be punished by a fine of not less than $10 nor more than $1,000.

This bill would instead make a person who violates those rules and regulations guilty of either a misdemeanor, punishable as provided under existing law, or an infraction, punishable by a fine of not more than $1,000. The bill would delete the mandatory minimum fine.

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(4)

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begin insert(3)end insert 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.

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(5)

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begin insert(4)end insert 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:

P3    1

SECTION 1.  

Section 1031 of the Government Code is amended
2to read:

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 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).

P4    1(f) Be found to be free from any physical, emotional, or mental
2condition that might adversely affect the exercise of the powers
3of a peace officer.

4(1) Physical condition shall be evaluated by a licensed physician
5and surgeon.

6(2) Emotional and mental condition shall be evaluated by either
7of the following:

8(A) A physician and surgeon who holds a valid California
9license to practice medicine, has successfully completed a
10postgraduate medical residency education program in psychiatry
11accredited by the Accreditation Council for Graduate Medical
12Education, and has at least the equivalent of five full-time years
13of experience in the diagnosis and treatment of emotional and
14mental disorders, including the equivalent of three full-time years
15accrued after completion of the psychiatric residency program.

16(B) A psychologist licensed by the California Board of
17Psychology who has at least the equivalent of five full-time years
18of experience in the diagnosis and treatment of emotional and
19mental disorders, including the equivalent of three full-time years
20accrued postdoctorate.

21The physician and surgeon or psychologist shall also have met
22any applicable education and training procedures set forth by the
23California Commission on Peace Officer Standards and Training
24designed for the conduct of preemployment psychological
25screening of peace officers.

26(g) This section shall not be construed to preclude the adoption
27of additional or higher standards, including age.

28

SEC. 2.  

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

29

384a.  

(a) (1) A person shall not willfully or negligently cut,
30destroy, mutilate, or remove plant material that is growing upon
31state or county highway rights-of-way.

32(2) A person shall not willfully or negligently cut, destroy,
33mutilate, or remove plant material that is growing upon public land
34or upon land that is not his or hers without a written permit from
35the owner of the land, signed by the owner of the land or the
36owner’s authorized agent, as provided in subdivision (c).

37(3) A person shall not knowingly sell, offer or expose for sale,
38or transport for sale plant material that is cut or removed in
39violation of this subdivision.

P5    1(b) For purposes of this section, “plant material” means a tree,
2shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood
3green, or a portion of any of those, or the leaf mold on those plants.
4“Plant material” does not include a tree, shrub, fern, herb, bulb,
5cactus, flower, or greens declared by law to be a public nuisance.

6(c) (1) The written permit required by paragraph (2) of
7subdivision (a) shall be signed by the landowner, or the
8landowner’s authorized agent, and acknowledged before a notary
9public, or other person authorized by law to take acknowledgments.
10The permit shall contain the number and species of trees and
11amount of plant material, and shall contain the legal description
12of the real property as usually found in deeds and conveyances of
13the land on which cutting or removal shall take place. One copy
14of the permit shall be filed in the office of the sheriff of the county
15in which the land described in the permit is located. The permit
16shall be filed prior to the commencement of cutting or removal of
17plant material authorized by the permit.

18(2) The permit required by this section need not be notarized
19or filed with the sheriff when five or less pounds of shrubs or
20boughs are to be cut or removed.

21(d) A county or state fire warden; personnel of the Department
22of Forestry and Fire Protection, as designated by the Director of
23Forestry and Fire Protection; personnel of the United States Forest
24Service, as designated by the Regional Forester, Region 5, of the
25 United States Forest Service; or a peace officer of the State of
26California, may enforce the provisions of this section and may
27confiscate any and all plant material unlawfully cut or removed
28or knowingly sold, offered, or exposed or transported for sale as
29provided in this section.

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

31(1) An employee of the state or of a political subdivision of the
32state who is engaged in work upon a state, county, or public road
33or highway while performing work under the supervision of the
34state or a political subdivision of the state.

35(2) A person engaged in the necessary cutting or trimming of
36 plant material for the purpose of protecting or maintaining an
37electric powerline, telephone line, or other property of a public
38utility.

39(3) A person engaged in logging operations or fire suppression.

P6    1(f) A violation of this section shall be a misdemeanor, punishable
2by a fine of not more than one thousand dollars ($1,000), by
3imprisonment in a county jail for not more than six months, or by
4both that fine and imprisonment.

5

SEC. 3.  

Section 849 of the Penal Code is amended to read:

6

849.  

(a) When an arrest is made without a warrant by a peace
7officer or private person, the person arrested, if not otherwise
8released, shall, without unnecessary delay, be taken before the
9nearest or most accessible magistrate in the county in which the
10offense is triable, and a complaint stating the charge against the
11arrested person shall be laid before the magistrate.

12(b) A peace officer may release from custody, instead of taking
13the person before a magistrate, a person arrested without a warrant
14in the following circumstances:

15(1) The officer is satisfied that there are insufficient grounds
16for making a criminal complaint against the person arrested.

17(2) The person arrested was arrested for intoxication only, and
18no further proceedings are desirable.

19(3) The person was arrested only for being under the influence
20of a controlled substance or drug and the person is delivered to a
21facility or hospital for treatment and no further proceedings are
22desirable.

23(4) The person was arrested for driving under the influence of
24alcohol or drugs and the person is delivered to a hospital for
25medical treatment that prohibits immediate delivery before a
26magistrate.

27(c) The record of arrest of a person released pursuant to
28paragraphs (1) and (3) of subdivision (b) shall include a record of
29release. Thereafter, the arrest shall not be deemed an arrest, but a
30detention only.

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31

SEC. 4.  

Section 4030 of the Penal Code is amended to read:

32

4030.  

(a) (1) The Legislature finds and declares that law
33enforcement policies and practices for conducting strip or body
34cavity searches of detained persons vary widely throughout
35California. Consequently, some people have been arbitrarily
36subjected to unnecessary strip and body cavity searches after arrests
37for minor misdemeanor and infraction offenses. Some present
38search practices violate state and federal constitutional rights to
39privacy and freedom from unreasonable searches and seizures.

P7    1(2) It is the intent of the Legislature in enacting this section to
2protect the state and federal constitutional rights of the people of
3California by establishing a statewide policy strictly limiting strip
4and body cavity searches.

5(b) The provisions of this section shall apply only to
6prearraignment detainees arrested for infraction or misdemeanor
7offenses and to any minor detained prior to a detention hearing on
8the grounds that he or she is a person described in Section 300,
9601, or 602 of the Welfare and Institutions Code alleged to have
10committed a misdemeanor or infraction offense. The provisions
11of this section shall not apply to a person in the custody of the
12Secretary of the Department of Corrections and Rehabilitation or
13the Director of the Division of Juvenile Justice in the Department
14of Corrections and Rehabilitation.

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

16(1) “Body cavity” only means the stomach or rectal cavity of a
17person, and vagina of a female person.

18(2) “Physical body cavity search” means physical intrusion into
19a body cavity for the purpose of discovering any object concealed
20in the body cavity.

21(3) “Strip search” means a search that requires a person to
22remove or arrange some or all of his or her clothing so as to permit
23a visual inspection of the underclothing, breasts, buttocks, or
24genitalia of that person.

25(4) “Visual body cavity search” means visual inspection of a
26body cavity.

27(d) Notwithstanding any other law, including Section 40304.5
28of the Vehicle Code, when a person is arrested and taken into
29custody, that person may be subjected to patdown searches, metal
30detector searches, body scanners, and thorough clothing searches
31in order to discover and retrieve concealed weapons and contraband
32substances prior to being placed in a booking cell.

33(e) A person arrested and held in custody on a misdemeanor or
34infraction offense, except those involving weapons, controlled
35substances, or violence, or a minor detained prior to a detention
36hearing on the grounds that he or she is a person described in
37Section 300, 601 or 602 of the Welfare and Institutions Code,
38except for those minors alleged to have committed felonies or
39offenses involving weapons, controlled substances, or violence,
40shall not be subjected to a strip search or visual body cavity search
P8    1prior to placement in the general jail population, unless a peace
2officer has determined there is reasonable suspicion, based on
3specific and articulable facts, to believe that person is concealing
4a weapon or contraband and a strip search will result in the
5discovery of the weapon or contraband. A strip search or visual
6body cavity search, or both, shall not be conducted without the
7prior written authorization of the supervising officer on duty. The
8authorization shall include the specific and articulable facts and
9circumstances upon which the reasonable suspicion determination
10was made by the supervisor.

11(f) (1) Except pursuant to the provisions of paragraph (2), a
12person arrested and held in custody on a misdemeanor or infraction
13offense not involving weapons, controlled substances, or violence,
14shall not be confined in the general jail population unless all of
15the following are true:

16(A) The person is not cited and released.

17(B) The person is not released on his or her own recognizance
18pursuant to Article 9 (commencing with Section 1318) of Chapter
191 of Title 10 of Part 2.

20(C) The person is not able to post bail within a reasonable time,
21not less than three hours.

22(2) A person shall not be housed in the general jail population
23prior to release pursuant to the provisions of paragraph (1) unless
24a documented emergency exists and there is no reasonable
25alternative to that placement. The person shall be placed in the
26general population only upon prior written authorization
27documenting the specific facts and circumstances of the emergency.
28The written authorization shall be signed by the uniformed
29supervisor of the facility or by a uniformed watch commander. A
30person confined in the general jail population pursuant to paragraph
31(1) shall retain all rights to release on citation, his or her own
32recognizance, or bail that were preempted as a consequence of the
33emergency.

34(g) A person arrested on a misdemeanor or infraction offense,
35or a minor described in subdivision (b), shall not be subjected to
36a physical body cavity search except under the authority of a search
37warrant issued by a magistrate specifically authorizing the physical
38body cavity search.

39(h) A copy of the prior written authorization required by
40subdivisions (e) and (f) and the search warrant required by
P9    1subdivision (g) shall be placed in the agency’s records and made
2available, on request, to the person searched or his or her authorized
3representative. With regard to a strip, visual, or body search, the
4time, date, and place of the search, the name and sex of the person
5conducting the search, and a statement of the results of the search,
6including a list of items removed from the person searched, shall
7be recorded in the agency’s records and made available, upon
8 request, to the person searched or his or her authorized
9representative.

10(i) Persons conducting a strip search or a visual body cavity
11search shall not touch the breasts, buttocks, or genitalia of the
12person being searched.

13(j) A physical body cavity search shall be conducted under
14sanitary conditions, and only by a physician, nurse practitioner,
15registered nurse, licensed vocational nurse, or emergency medical
16technician Level II licensed to practice in this state. A physician
17engaged in providing health care to detainees and inmates of the
18facility may conduct physical body cavity searches.

19(k) A person conducting or otherwise present during a strip
20search or visual or physical body cavity search shall be of the same
21sex as the person being searched, except for physicians or licensed
22medical personnel.

23(l) All strip, visual, and physical body cavity searches shall be
24conducted in an area of privacy so that the search cannot be
25observed by persons not participating in the search. Persons are
26considered to be participating in the search if their official duties
27relative to search procedure require them to be present at the time
28the search is conducted.

29(m) A person who knowingly and willfully authorizes or
30conducts a strip, visual, or physical body cavity search in violation
31of this section is guilty of a misdemeanor.

32(n) Nothing in this section shall be construed as limiting the
33common law or statutory rights of a person regarding an action
34for damages or injunctive relief, or as precluding the prosecution
35under another law of a peace officer or other person who has
36violated this section.

37(o) Any person who suffers damage or harm as a result of a
38violation of this section may bring a civil action to recover actual
39damages, or one thousand dollars ($1,000), whichever is greater.
40In addition, the court may, in its discretion, award punitive
P10   1damages, equitable relief as it deems necessary and proper, and
2costs, including reasonable attorney’s fees.

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3

begin deleteSEC. 5.end delete
4begin insertSEC. 4.end insert  

Section 4131.5 of the Penal Code is amended and
5renumbered to read:

6

243.15.  

Every person confined in, sentenced to, or serving a
7sentence in, a city or county jail, industrial farm, or industrial road
8camp in this state, who commits a battery upon the person of any
9individual who is not himself or herself a person confined or
10sentenced therein, is guilty of a public offense and is subject to
11punishment by imprisonment pursuant to subdivision (h) of Section
121170, or in a county jail for not more than one year.

13

begin deleteSEC. 6.end delete
14begin insertSEC. 5.end insert  

Section 4504 of the Penal Code is amended to read:

15

4504.  

For purposes of this chapter:

16(a) A person is deemed confined in a “state prison” if he or she
17is confined in any of the prisons and institutions specified in
18Section 5003 by order made pursuant to law, including, but not
19limited to, commitments to the Department of Corrections and
20Rehabilitation or the Department of Corrections and Rehabilitation,
21Division of Juvenile Justice, regardless of the purpose of the
22confinement and regardless of the validity of the order directing
23the confinement, until a judgment of a competent court setting
24aside the order becomes final.

25(b) A person is deemed “confined in” a prison although, at the
26time of the offense, he or she is temporarily outside its walls or
27bounds for the purpose of serving on a work detail, for the purpose
28of confinement in a local correctional institution pending trial, or
29for any other purpose for which a prisoner may be allowed
30temporarily outside the walls or bounds of the prison. A prisoner
31who has been released on parole is not deemed “confined in” a
32prison for purposes of this chapter.

33

begin deleteSEC. 7.end delete
34begin insertSEC. 6.end insert  

Section 5008 of the Public Resources Code is amended
35to read:

36

5008.  

(a) The department shall protect the state park system
37and the state vehicular recreation area and trail system from damage
38and preserve the peace therein.

39(b) The director may designate any officer or employee of the
40department as a peace officer. The primary duties of the peace
P11   1officer shall be the enforcement of this division, Sections 4442
2and 4442.5, the rules and regulations of the department, Chapter
35 (commencing with Section 650) of Division 3 of the Harbors
4and Navigation Code, the rules and regulations of the Division of
5Boating and Waterways within the department, Chapter 2
6(commencing with Section 9850) of Division 3.5 of the Vehicle
7Code, and Division 16.5 (commencing with Section 38000) of the
8Vehicle Code and to arrest persons for the commission of public
9offenses within the property under its jurisdiction. The authority
10and powers of the peace officer shall be limited to those conferred
11by law upon peace officers listed in Section 830.2 of the Penal
12Code.

13(c) The department shall protect property included in the
14California recreational trail system and the property included in
15the recreational trail system under Section 6 of Chapter 1234 of
16the Statutes of 1980 from damage and preserve the peace therein.
17The primary duties of any officer or employee designated a peace
18officer under this section shall include enforcement of the rules
19and regulations established by the department and the arrest of
20persons for the commission of public offenses within the property
21 included in the recreational trail system under Section 6 of Chapter
221234 of the Statutes of 1980.

23(d) Any person who violates the rules and regulations established
24by the department is guilty of either a misdemeanor, punishable
25by imprisonment in the county jail not exceeding 90 days, or by
26a fine not exceeding one thousand dollars ($1,000), or by both that
27fine and imprisonment, or an infraction punishable by a fine of
28not more than one thousand dollars ($1,000).

29

begin deleteSEC. 8.end delete
30begin insertSEC. 7.end insert  

Section 1403 of the Welfare and Institutions Code is
31repealed.



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