BILL NUMBER: SB 795	CHAPTERED
	BILL TEXT

	CHAPTER  499
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2015
	APPROVED BY GOVERNOR  OCTOBER 5, 2015
	PASSED THE SENATE  SEPTEMBER 1, 2015
	PASSED THE ASSEMBLY  AUGUST 27, 2015
	AMENDED IN ASSEMBLY  JULY 15, 2015
	AMENDED IN ASSEMBLY  JUNE 29, 2015
	AMENDED IN ASSEMBLY  JUNE 18, 2015
	AMENDED IN SENATE  JUNE 1, 2015

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, 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, 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 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.
   (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.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1031 of the Government Code is amended to read:

   1031.  Each class of public officers or employees declared by law
to be peace officers shall meet all of the following minimum
standards:
   (a) Be a citizen of the United States or a permanent resident
alien who is eligible for and has applied for citizenship, except as
provided in Section 2267 of the Vehicle Code.
   (b) Be at least 18 years of age.
   (c) Be fingerprinted for purposes of search of local, state, and
national fingerprint files to disclose a criminal record.
   (d) Be of good moral character, as determined by a thorough
background investigation.
   (e) Be a high school graduate, pass the General Education
Development Test or other high school equivalency test approved by
the State Department of Education that indicates high school
graduation level, pass the California High School Proficiency
Examination, or have attained a two-year, four-year, or advanced
degree from an accredited college or university. The high school
shall be either a United States public school, an accredited United
States Department of Defense high school, or an accredited or
approved public or nonpublic high school. Any accreditation or
approval required by this subdivision shall be from a state or local
government educational agency using local or state government
approved accreditation, licensing, registration, or other approval
standards, a regional accrediting association, an accrediting
association recognized by the Secretary of the United States
Department of Education, an accrediting association holding full
membership in the National Council for Private School Accreditation
(NCPSA), an organization holding full membership in AdvancED, an
organization holding full membership in the Council for American
Private Education (CAPE), or an accrediting association recognized by
the National Federation of Nonpublic School State Accrediting
Associations (NFNSSAA).
   (f) Be found to be free from any physical, emotional, or mental
condition that might adversely affect the exercise of the powers of a
peace officer.
   (1) Physical condition shall be evaluated by a licensed physician
and surgeon.
   (2) Emotional and mental condition shall be evaluated by either of
the following:
   (A) A physician and surgeon who holds a valid California license
to practice medicine, has successfully completed a postgraduate
medical residency education program in psychiatry accredited by the
Accreditation Council for Graduate Medical Education, and has at
least the equivalent of five full-time years of experience in the
diagnosis and treatment of emotional and mental disorders, including
the equivalent of three full-time years accrued after completion of
the psychiatric residency program.
   (B) A psychologist licensed by the California Board of Psychology
who has at least the equivalent of five full-time years of experience
in the diagnosis and treatment of emotional and mental disorders,
including the equivalent of three full-time years accrued
postdoctorate.
   The physician and surgeon or psychologist shall also have met any
applicable education and training procedures set forth by the
California Commission on Peace Officer Standards and Training
designed for the conduct of preemployment psychological screening of
peace officers.
   (g) This section shall not be construed to preclude the adoption
of additional or higher standards, including age.
  SEC. 2.  Section 384a of the Penal Code is amended to read:
   384a.  (a) (1) A person shall not willfully or negligently cut,
destroy, mutilate, or remove plant material that is growing upon
state or county highway 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.
   (c) (1) The written permit required 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 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 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 or removal of plant material authorized by
the permit.
   (2) The permit required by this section need not be notarized or
filed with the sheriff when five or less pounds of shrubs or boughs
are to be cut or removed.
   (d) A county or state fire warden; personnel of the Department of
Forestry and Fire Protection, as designated by the Director of
Forestry and Fire Protection; personnel of the United States Forest
Service, as designated by the Regional Forester, Region 5, of the
United States Forest Service; or a peace officer of the State of
California, may enforce the provisions of this section and may
confiscate any and all plant material unlawfully cut or removed or
knowingly sold, offered, or exposed or transported for sale as
provided in this section.
   (e) This section does not apply to 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 plant
material for the purpose of protecting or maintaining an electric
powerline, telephone line, or other property of a public utility.
   (3) A person engaged in logging 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. 3.  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, without unnecessary delay, 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 the magistrate.
   (b) A peace officer may release from custody, instead of taking
the person before a magistrate, a person arrested without a warrant
in the following circumstances:
   (1) 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 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) The record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release. Thereafter, the arrest shall not be deemed an arrest, but a
detention only.
  SEC. 4.  Section 4131.5 of the Penal Code is amended and renumbered
to read:
   243.15.  Every person confined in, sentenced to, or serving a
sentence in, a city or county jail, industrial farm, or industrial
road camp in this state, who commits a battery upon the person of any
individual who is not himself or herself a person confined or
sentenced therein, is guilty of a public offense and is subject to
punishment by imprisonment pursuant to subdivision (h) of Section
1170, or in a county jail for not more than one year.
  SEC. 5.  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 and
Rehabilitation or the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, regardless of the purpose of the
confinement and regardless of the validity of the order directing the
confinement, until a judgment of a competent court setting aside 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, for the purpose
of confinement in a local correctional institution pending trial, or
for any other purpose for which a prisoner may be allowed temporarily
outside the walls or bounds of the prison. A prisoner who has been
released on parole is not deemed "confined in" a prison for purposes
of this chapter.
  SEC. 6.  Section 5008 of the Public Resources Code is amended to
read:
   5008.  (a) The department shall protect the state park system and
the state vehicular recreation area and trail system from damage and
preserve the peace therein.
   (b) The director may designate any officer or employee of the
department as a peace officer. The primary duties of the peace
officer shall be the enforcement of this division, Sections 4442 and
4442.5, the rules and regulations of the department, Chapter 5
(commencing with Section 650) of Division 3 of the Harbors and
Navigation Code, the rules and regulations of the Division of Boating
and Waterways within the department, Chapter 2 (commencing with
Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5
(commencing with Section 38000) of the Vehicle Code and to arrest
persons for the commission of public offenses within the property
under its jurisdiction. The authority and powers of the peace officer
shall be limited to those conferred by law upon peace officers
listed in Section 830.2 of the Penal Code.
   (c) The department shall protect property included in the
California recreational trail system and the property included in the
recreational trail system under Section 6 of Chapter 1234 of the
Statutes of 1980 from damage and preserve the peace therein. The
primary duties of any officer or employee designated a peace officer
under this section shall include enforcement of the rules and
regulations established by the department and the arrest of persons
for the commission of public offenses within the property included in
the recreational trail system under Section 6 of Chapter 1234 of the
Statutes of 1980.
   (d) Any person who violates the rules and regulations established
by the department is guilty of either a misdemeanor, punishable by
imprisonment in the county jail not exceeding 90 days, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment, or an infraction punishable by a fine of not more than
one thousand dollars ($1,000).
  SEC. 7.  Section 1403 of the Welfare and Institutions Code is
repealed.