BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 795|
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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
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.
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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
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
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