BILL ANALYSIS                                                                                                                                                                                                    

                                                                     SB 795

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          Date of Hearing:  July 14, 2015

          Chief Counsel:     Gregory Pagan


                                  Bill Quirk, Chair

          795 (Committee on Public Safety) - As Amended June 29, 2015

          SUMMARY:  Makes technical and corrective changes, as well as  
          non-controversial substantive changes, to various code sections  
          relating to criminal justice.  Specifically, this bill:  

          1)Exempts a person from the requirement that they be taken in  
            front of a magistrate without unreasonable delay, 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 to a magistrate.


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          2)Deletes the January 1, 2016 repeal date on the provisions of  
            the interstate compact and would thereby extend the operation  
            of the provisions indefinitely.

          3)Clarifies that a person who violates the rules and regulations  
            relating to damage to state park property, and state vehicle  
            recreation areas and trail system is guilty of an alternate  

          4)Makes other additional non-substantive technical changes.

          EXISTING LAW:  

          1)Requires that when a person is arrested without a warrant,  
            they must be taken without unnecessary delay before the  
            nearest or most accessible magistrate in the county in which  
            the offense is triable with certain specific exceptions.   
            (Pen. Code,  849.)

          2)Establishes the Interstate Compact for Juveniles, which is an  
            interstate commission comprised of the compacting states to,  
            among other things, oversee, supervise, and coordinate the  
            interstate movement of juveniles.  These provisions sunsets on  
            January 1, 2016.  (Welf. & Institutions Code,  1403.)


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          3)Requires the Department of Parks and Recreation (DPR) to  
            protect the state park system, the state vehicle recreations  
            area and trail system from damage and to preserve the peace  
            therein, and a person who violates the rules and regulations  
            of the DPR is guilty of a misdemeanor, and upon conviction,  
            shall be punished by imprisonment not to exceed 90 days,  
            except that at the time a particular action is commenced, the  
            judge may considering the recommendation of the district  
            attorney, reduce the charged offense from a misdemeanor to an  
            infraction punishable by a fine not less than $10 nor more  
            than $1,000.  (Pub. Resources Code,  5008.) 

          FISCAL EFFECT:  Unknown


          1)Author's Statement:  According to the author,  "This is the  
            annual public safety omnibus bill.  The omnibus bill is  
            introduced by all members of the Senate Public Safety  
            Committee, and it is similar to other public safety omnibus  
            bills, introduced in the past, in that:

                 The bill's provisions make only technical or minor  
               changes to the law; and,

                 There is no opposition by any member of the Legislature,  


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               or recognized group to the proposal.

            "This procedure has allowed for the introduction of fewer  
            minor bills and has saved the Legislature time and expense  
            over the years."




          California District Attorneys Association





                                                                     SB 795

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          Analysis Prepared by:Gregory Pagan / PUB. S. / (916)