BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 795| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 795 Page 2 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. SB 795 Page 3 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 SB 795 Page 4 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 **** END ****