BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 795
          Author:   Committee on Public Safety  
          Amended:  7/15/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/28/15
           AYES:  Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SENATE FLOOR:  40-0, 6/2/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner,  
            Stone, Vidak, Wieckowski, Wolk

           ASSEMBLY FLOOR:  78-0, 8/27/15 (Consent) - See last page for  
            vote

           SUBJECT:   Public Safety Omnibus


          SOURCE:    Author

          DIGEST:   This bill makes technical and corrective changes, as  
          well as non-controversial substantive changes, to various code  
          sections relating to criminal justice.

          Assembly Amendments clarify 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 and delete a provision in the  








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          bill pertaining to strip searches in the county jails.

          ANALYSIS:
               
          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 (ICJ), 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.)

          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.) 

          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.

          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.









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          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.

          Comments
          
          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:

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

          2)There is no opposition by any member of the Legislature, 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.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Assembly Appropriations Committee: 

          1)Annual dues of $37,000 (General Fund) of ICJ will continue  
            indefinitely, and unknown, potential future cost pressure  
            (General Fund) for ongoing ICJ compliance.

          2)Unknown, probably minor savings to local law enforcement in  
            incarceration costs, and minor loss of fine revenue by  
            eliminating the minimum $10 fine.


          SUPPORT:   (Verified  8/27/15)


          California District Attorneys Association








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          OPPOSITION:   (Verified  8/27/15)


          None received
           

          ASSEMBLY FLOOR:  78-0, 8/27/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Wood, Atkins
          NO VOTE RECORDED:  Frazier, Williams


          Prepared by:Mary Kennedy / PUB. S. / 
          8/28/15 14:01:32


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