BILL ANALYSIS Ó
SB 795
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Date of Hearing: July 14, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB
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
misdemeanor/infraction.
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
COMMENTS:
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."
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association
Opposition
None
SB 795
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Analysis Prepared by:Gregory Pagan / PUB. S. / (916)
319-3744