Amended in Senate April 7, 2016

Senate Bill No. 1474

Introduced by Committee on Public Safety (Senators Hancock (Chair), Anderson, Glazer, Leno, Liu, Monning, and Stone)

February 29, 2016

An act to amend Sections begin insert 290.06, 290.46, end insert 830.3, begin insert 1203.10, 1203e, end insert 1328, 1424.5, and 13823.11, of the Penal Code, begin delete and end delete to amend Section 40800 of the Vehicle Code, begin insert and to repeal Section 882 of the Welfare and Institutions Code, end insert relating to public safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 1474, as amended, Committee on Public Safety. Public Safety Omnibus.

(1) Existing law begin delete provides end delete begin insert requires that persons required to register as sex offenders be subject to assessment by the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO), as specified. Existing law requires the Department of Corrections and Rehabilitation and the State Department of State Hospitals to perform a risk assessment of every eligible person under their jurisdiction, as specified, requires those departments to send the scores obtained in accordance with those provisions to the Department of Justice Sex Offender Tracking Program not later than 30 days after the date of the assessment, and requires that the risk assessment score of an offender be made part of his or her file maintained by the Department of Justice Sex Offender Tracking Program as soon as possible without financial impact. end insert

begin insert

Existing law requires the State Department of State Hospitals to provide to the Department of Justice Sex Offender Tracking Program the names of all persons committed to its custody pursuant to specified provisions of law within 30 days of commitment, and requires that department to provide the names of all of those persons released from its custody within 5 working days of release.

end insert begin insert

Existing law requires the probation department to compile and include in the probation officer’s report a Facts of Offense Sheet for every person convicted of an offense that requires him or her to register as a sex offender, as specified. Existing law requires the probation officer to send a copy of the Facts of Offense Sheet to the Department of Justice High Risk Sex Offender Program within 30 days of the person’s sex offense conviction, and requires that the Facts of Offense Sheet be made part of the registered sex offender’s file maintained by the Sex Offender Tracking Program.

end insert begin insert

This bill would delete the references to the Department of Justice Sex Offender Tracking Program and the Department of Justice High Risk Sex Offender Program from the provisions described above, and would instead include references to the Department of Justice in those provisions.

end insert

begin insert (2) end insert begin insert   end insert begin insert Existing law provides end insert that certain persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest, as specified, including, among others, the Chief of the Bureau of Fraudulent Claims of the Department of Insurance and those investigators designated by the chief.

This bill would delete the reference to the chief and those investigators designated by him or her and would instead specify that the Deputy Commissioner, Enforcement Branch of, or the Fraud Division Chief of, the Department of Insurance and those investigators designated by the deputy or the chief, are peace officers, as specified.

begin delete

(2)

end delete

begin insert (3) end insert  Existing law begin delete authorizes, end delete begin insert authorizes probation, which is a period of time when a defendant is released from incarceration and is subject to specified conditions and supervision by county probation authorities. Existing law requires the probation officer, at the time of the plea or verdict of guilty of a person over 18 years of age, to make a report to the court, as specified, recommending for or against the person’s release on probation. Existing law requires the probation officer, if the person is released on probation, to keep a complete and accurate record of the supervision of the person, as specified. Existing law makes this record part of the court records and requires it to be open to inspection by the court or any person appointed by the court. Existing law requires the probation officer’s record to be paid for out of the county treasury. end insert

begin insert

This bill would expand access to the probation officer’s record to anyone allowed access by order of the court, or other probation agencies. The bill would delete the requirement that the probation officer’s record be paid for out of the county treasury. The bill would make additional conforming changes.

end insert

begin insert (4) end insert begin insert   end insert begin insert Existing law authorizes, end insert in those counties where the local agencies have consented with the marshal’s office or the sheriff’s office to participate, a criminal subpoena requiring a peace officer as a witness to be served by sending a copy by electronic means to the peace officer’s immediate superior or an agent designated by the immediate superior to receive the service. Existing law requires the peace officer’s immediate superior or the designated agent to acknowledge receipt of the subpoena by telephone or electronic means if service is made by electronic means.

This bill would also authorize a criminal subpoena to be served by electronic means in counties that have consented to participate with the district attorney’s office and would allow electronic service to be made by sending a copy to the peace officer personally. The bill would also permit the peace officer to acknowledge receipt of the subpoena if service is made by electronic means.

begin delete

(3)

end delete

begin insert (5) end insert  Existing law authorizes a court, upon receiving information that a prosecuting attorney may have deliberately and intentionally withheld relevant or material exculpatory evidence or information in violation of law, to make a finding, supported by clear and convincing evidence that a violation occurred.

This bill would instead authorize a court to make that finding upon receiving information that a prosecuting attorney deliberately and intentionally withheld relevant, material exculpatory evidence or information in violation of law.

begin delete

(4)

end delete

begin insert (6) end insert  Existing law requires that each victim of sexual assault who consents to an examination for the collection of evidence shall have collected, except where he or she specifically objects, among other things, swabs and slides from specified locations to determine the presence or absence of sperm and sperm motility, and for genetic marker typing. Existing law also requires that those victims of sexual assault, except when he or she specifically objects, have reference specimens collected, including, for example, pubic and head hair, blood, and saliva for genetic marker testing.

This bill would instead specify that the swabs and slides would be taken to determine the presence or absence of semen and that reference specimens include, for example, pubic and head hair, blood, and saliva for DNA comparison and analysis. The bill would also authorize reference specimens to be collected at a later time.

begin delete

(5)

end delete

begin insert (7) end insert  Existing law requires a traffic officer on duty for the exclusive or main purpose of enforcing specified provisions of the Vehicle Code relating to accidents and accident reports and rules of the road to wear a full distinctive uniform, and if the officer uses a motor vehicle while on duty, requires the vehicle to be painted a distinctive color specified by the Commissioner of the California Highway Patrol.

This bill would delete the requirement that the motor vehicle be painted, but would continue to require the vehicle be a distinctive color.

begin insert

(8) Existing law requires that juvenile ranches, camps, or forestry camps be in the charge of a superintendent or director, authorizes those facilities to be established in conjunction with the probation department, or in any manner determined by the county board of supervisors, and requires the superintendent or director and other persons employed at those facilities to be appointed by the probation officer, subject to confirmation by the board of supervisors, of the county establishing the facilities.

end insert begin insert

This bill would repeal those provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 290.06 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

290.06.  

The static SARATSO, as set forth in Section 290.04,
shall be administered as follows:

(a) (1) The Department of Corrections and Rehabilitation shall
assess every eligible person who is incarcerated in state prison.
Whenever possible, the assessment shall take place at least four
months, but no sooner than 10 months, prior to release from
incarceration.

(2) The department shall assess every eligible person who is on
parole if the person was not assessed prior to release from state
prison. Whenever possible, the assessment shall take place at least
four months, but no sooner than 10 months, prior to termination
of parole. The department shall record in a database the risk
assessment scores of persons assessed pursuant to this paragraph
and paragraph (1), and any risk assessment score that was
submitted to the department by a probation officer pursuant to
Section 1203.

(3) The department shall assess every person on parole
transferred from any other state or by the federal government to
this state who has been, or is hereafter convicted in any other court,
including any state, federal, or military court, of any offense that,
if committed or attempted in this state, would have been punishable
as one or more of the offenses described in subdivision (c) of
Section 290. The assessment required by this paragraph shall occur
no later than 60 days after a determination by the Department of
Justice that the person is required to register as a sex offender in
California pursuant to Section 290.005.

(4) The State Department of State Hospitals shall assess every
eligible person who is committed to that department. Whenever
possible, the assessment shall take place at least four months, but
no sooner than 10 months, prior to release from commitment. The
State Department of State Hospitals shall record in a database the
risk assessment scores of persons assessed pursuant to this
paragraph and any risk assessment score that was submitted to the
department by a probation officer pursuant to Section 1203.

(5) Commencing January 1, 2010, the Department of Corrections
and Rehabilitation and the State Department of State Hospitals
shall send the scores obtained in accordance with paragraphs (2),
(3), and (4) to the Department of Justice begin delete Sex Offender Tracking
Program end delete not later than 30 days after the date of the assessment.
The risk assessment score of an offender shall be made part of his
or her file maintained by the Department of Justice begin delete Sex Offender
Tracking Program end delete as soon as possible without financial impact,
but no later than January 1, 2012.

(6) Each probation department shall, prior to sentencing, assess
every eligible person as defined in subdivision (c), whether or not
a report is prepared pursuant to Section 1203.

(7) Each probation department shall assess every eligible person
under its supervision who was not assessed pursuant to paragraph
(6). The assessment shall take place prior to the termination of
probation, but no later than January 1, 2010.

(b) Eligible persons not assessed pursuant to subdivision (a)
may be assessed as follows:

(1) Upon request of the law enforcement agency in the
jurisdiction in which the person is registered pursuant to Sections
290 to 290.023, inclusive, the person shall be assessed. The law
enforcement agency may enter into a memorandum of
understanding with a probation department to perform the
assessment. In the alternative, the law enforcement agency may
arrange to have personnel trained to perform the risk assessment
in accordance with subdivision (d) of Section 290.05.

(2) Eligible persons not assessed pursuant to subdivision (a)
may request that a risk assessment be performed. A request form
shall be available at registering law enforcement agencies. The
person requesting the assessment shall pay a fee for the assessment
that shall be sufficient to cover the cost of the assessment. The risk
assessment so requested shall be performed either by the probation
department, if a memorandum of understanding is established
between the law enforcement agency and the probation department,
or by personnel who have been trained to perform risk assessment
in accordance with subdivision (d) of Section 290.05.

(c) For purposes of this section,“eligible person” means a person
who was convicted of an offense that requires him or her to register
as a sex offender pursuant to the Sex Offender Registration Act
and who is eligible for assessment, pursuant to the official Coding
Rules designated for use with the risk assessment instrument by
the author of any risk assessment instrument (SARATSO) selected
by the SARATSO Review Committee.

(d) Persons authorized to perform risk assessments pursuant to
this section, Section 1203, and Section 706 of the Welfare and
Institutions Code shall be immune from liability for good faith
conduct under this act.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 290.46 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

290.46.  

(a) (1) On or before the dates specified in this section,
the Department of Justice shall make available information
concerning persons who are required to register pursuant to Section
290 to the public via an Internet Web site as specified in this
section. The department shall update the Internet Web site on an
ongoing basis. All information identifying the victim by name,
birth date, address, or relationship to the registrant shall be
excluded from the Internet Web site. The name or address of the
person’s employer and the listed person’s criminal history other
than the specific crimes for which the person is required to register
shall not be included on the Internet Web site. The Internet Web
site shall be translated into languages other than English as
determined by the department.

(2) (A) On or before July 1, 2010, the Department of Justice
shall make available to the public, via an Internet Web site as
specified in this section, as to any person described in subdivision
(b), (c), or (d), the following information:

(i) The year of conviction of his or her most recent offense
requiring registration pursuant to Section 290.

(ii) The year he or she was released from incarceration for that
offense.

(iii) Whether he or she was subsequently incarcerated for any
other felony, if that fact is reported to the department. If the
department has no information about a subsequent incarceration
for any felony, that fact shall be noted on the Internet Web site.

However, no year of conviction shall be made available to the
public unless the department also is able to make available the
corresponding year of release of incarceration for that offense, and
the required notation regarding any subsequent felony.

(B) (i) Any state facility that releases from incarceration a
person who was incarcerated because of a crime for which he or
she is required to register as a sex offender pursuant to Section
290 shall, within 30 days of release, provide the year of release
for his or her most recent offense requiring registration to the
Department of Justice in a manner and format approved by the
department.

(ii) Any state facility that releases a person who is required to
register pursuant to Section 290 from incarceration whose
incarceration was for a felony committed subsequently to the
offense for which he or she is required to register shall, within 30
days of release, advise the Department of Justice of that fact.

(iii) Any state facility that, prior to January 1, 2007, released
from incarceration a person who was incarcerated because of a
crime for which he or she is required to register as a sex offender
pursuant to Section 290 shall provide the year of release for his or
her most recent offense requiring registration to the Department
of Justice in a manner and format approved by the department.
The information provided by the Department of Corrections and
Rehabilitation shall be limited to information that is currently
maintained in an electronic format.

(iv) Any state facility that, prior to January 1, 2007, released a
person who is required to register pursuant to Section 290 from
incarceration whose incarceration was for a felony committed
subsequently to the offense for which he or she is required to
register shall advise the Department of Justice of that fact in a
manner and format approved by the department. The information
provided by the Department of Corrections and Rehabilitation
shall be limited to information that is currently maintained in an
electronic format.

(3) The State Department of State Hospitals shall provide to the
Department of Justice begin delete Sex Offender Tracking Program end delete the names
of all persons committed to its custody pursuant to Article 4
(commencing with Section 6600) of Chapter 2 of Part 2 of Division
6 of the Welfare and Institutions Code, within 30 days of
commitment, and shall provide the names of all of those persons
released from its custody within five working days of release.

(b) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission
of any of the offenses listed in, or who is described in, paragraph
(2), the Department of Justice shall make available to the public
via the Internet Web site his or her name and known aliases, a
photograph, a physical description, including gender and race, date
of birth, criminal history, prior adjudication as a sexually violent
predator, the address at which the person resides, and any other
information that the Department of Justice deems relevant, but not
the information excluded pursuant to subdivision (a). On or before
January 1, 2013, the department shall make available to the public
via the Internet Web site his or her static SARATSO score and
information on an elevated risk level based on the SARATSO
future violence tool.

(2) This subdivision shall apply to the following offenses and
offenders:

(A) Section 187 committed in the perpetration, or an attempt to
perpetrate, rape or any act punishable under Section 286, 288,
288a, or 289.

(B) Section 207 committed with intent to violate Section 261,
286, 288, 288a, or 289.

(C) Section 209 committed with intent to violate Section 261,
286, 288, 288a, or 289.

(D) Paragraph (2) or (6) of subdivision (a) of Section 261.

(E) Section 264.1.

(F) Section 269.

(G) Subdivision (c) or (d) of Section 286.

(H) Subdivision (a), (b), or (c) of Section 288, provided that the
offense is a felony.

(I) Subdivision (c) or (d) of Section 288a.

(J) Section 288.3, provided that the offense is a felony.

(K) Section 288.4, provided that the offense is a felony.

(L) Section 288.5.

(M) Subdivision (a) or (j) of Section 289.

(N) Section 288.7.

(O) Any person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code.

(P) A felony violation of Section 311.1.

(Q) A felony violation of subdivision (b), (c), or (d) of Section
311.2.

(R) A felony violation of Section 311.3.

(S) A felony violation of subdivision (a), (b), or (c) of Section
311.4.

(T) Section 311.10.

(U) A felony violation of Section 311.11.

(c) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission
of any of the offenses listed in paragraph (2), the Department of
Justice shall make available to the public via the Internet Web site
his or her name and known aliases, a photograph, a physical
description, including gender and race, date of birth, criminal
history, the community of residence and ZIP Code in which the
person resides or the county in which the person is registered as a
transient, and any other information that the Department of Justice
deems relevant, but not the information excluded pursuant to
subdivision (a). On or before July 1, 2006, the Department of
Justice shall determine whether any person convicted of an offense
listed in paragraph (2) also has one or more prior or subsequent
convictions of an offense listed in subdivision (c) of Section 290,
and, for those persons, the Department of Justice shall make
available to the public via the Internet Web site the address at
which the person resides. However, the address at which the person
resides shall not be disclosed until a determination is made that
the person is, by virtue of his or her additional prior or subsequent
conviction of an offense listed in subdivision (c) of Section 290,
subject to this subdivision.

(2) This subdivision shall apply to the following offenses:

(A) Section 220, except assault to commit mayhem.

(B) Paragraph (1), (3), or (4) of subdivision (a) of Section 261.

(C) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 286.

(D) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 288a.

(E) Subdivision (b), (d), (e), or (i) of Section 289.

(d) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission
of any of the offenses listed in, or who is described in, this
subdivision, the Department of Justice shall make available to the
public via the Internet Web site his or her name and known aliases,
a photograph, a physical description, including gender and race,
date of birth, criminal history, the community of residence and
ZIP Code in which the person resides or the county in which the
person is registered as a transient, and any other information that
the Department of Justice deems relevant, but not the information
excluded pursuant to subdivision (a) or the address at which the
person resides.

(2) This subdivision shall apply to the following offenses and
offenders:

(A) Subdivision (a) of Section 243.4, provided that the offense
is a felony.

(B) Section 266, provided that the offense is a felony.

(C) Section 266c, provided that the offense is a felony.

(D) Section 266j.

(E) Section 267.

(F) Subdivision (c) of Section 288, provided that the offense is
a misdemeanor.

(G) Section 288.3, provided that the offense is a misdemeanor.

(H) Section 288.4, provided that the offense is a misdemeanor.

(I) Section 626.81.

(J) Section 647.6.

(K) Section 653c.

(L) Any person required to register pursuant to Section 290
based upon an out-of-state conviction, unless that person is
excluded from the Internet Web site pursuant to subdivision (e).
However, if the Department of Justice has determined that the
out-of-state crime, if committed or attempted in this state, would
have been punishable in this state as a crime described in
subdivision (c) of Section 290, the person shall be placed on the
Internet Web site as provided in subdivision (b) or (c), as applicable
to the crime.

(e) (1) If a person has been convicted of the commission or the
attempted commission of any of the offenses listed in this
subdivision, and he or she has been convicted of no other offense
listed in subdivision (b), (c), or (d) other than those listed in this
subdivision, that person may file an application with the
Department of Justice, on a form approved by the department, for
exclusion from the Internet Web site. If the department determines
that the person meets the requirements of this subdivision, the
department shall grant the exclusion and no information concerning
the person shall be made available via the Internet Web site
described in this section. He or she bears the burden of proving
the facts that make him or her eligible for exclusion from the
Internet Web site. However, a person who has filed for or been
granted an exclusion from the Internet Web site is not relieved of
his or her duty to register as a sex offender pursuant to Section
290 nor from any otherwise applicable provision of law.

(2) This subdivision shall apply to the following offenses:

(A) A felony violation of subdivision (a) of Section 243.4.

(B) Section 647.6, if the offense is a misdemeanor.

(C) A felony violation of Section 311.1, subdivision (b), (c), or
(d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if
the person submits to the department a certified copy of a probation
report filed in court that clearly states that all victims involved in
the commission of the offense were at least 16 years of age or older
at the time of the commission of the offense.

(D) (i) An offense for which the offender successfully
completed probation, provided that the offender submits to the
department a certified copy of a probation report, presentencing
report, report prepared pursuant to Section 288.1, or other official
court document that clearly demonstrates that the offender was
the victim’s parent, stepparent, sibling, or grandparent and that the
crime did not involve either oral copulation or penetration of the
vagina or rectum of either the victim or the offender by the penis
of the other or by any foreign object.

(ii) An offense for which the offender is on probation at the
time of his or her application, provided that the offender submits
to the department a certified copy of a probation report,
presentencing report, report prepared pursuant to Section 288.1,
or other official court document that clearly demonstrates that the
offender was the victim’s parent, stepparent, sibling, or grandparent
and that the crime did not involve either oral copulation or
penetration of the vagina or rectum of either the victim or the
offender by the penis of the other or by any foreign object.

(iii) If, subsequent to his or her application, the offender commits
a violation of probation resulting in his or her incarceration in
county jail or state prison, his or her exclusion, or application for
exclusion, from the Internet Web site shall be terminated.

(iv) For the purposes of this subparagraph, “successfully
completed probation” means that during the period of probation
the offender neither received additional county jail or state prison
time for a violation of probation nor was convicted of another
offense resulting in a sentence to county jail or state prison.

(3) If the department determines that a person who was granted
an exclusion under a former version of this subdivision would not
qualify for an exclusion under the current version of this
subdivision, the department shall rescind the exclusion, make a
reasonable effort to provide notification to the person that the
exclusion has been rescinded, and, no sooner than 30 days after
notification is attempted, make information about the offender
available to the public on the Internet Web site as provided in this
section.

(4) Effective January 1, 2012, no person shall be excluded
pursuant to this subdivision unless the offender has submitted to
the department documentation sufficient for the department to
determine that he or she has a SARATSO risk level of low or
moderate-low.

(f) The Department of Justice shall make a reasonable effort to
provide notification to persons who have been convicted of the
commission or attempted commission of an offense specified in
subdivision (b), (c), or (d), that on or before July 1, 2005, the
department is required to make information about specified sex
offenders available to the public via an Internet Web site as
specified in this section. The Department of Justice shall also make
a reasonable effort to provide notice that some offenders are
eligible to apply for exclusion from the Internet Web site.

(g) (1) A designated law enforcement entity, as defined in
subdivision (f) of Section 290.45, may make available information
concerning persons who are required to register pursuant to Section
290 to the public via an Internet Web site as specified in paragraph
(2).

(2) The law enforcement entity may make available by way of
an Internet Web site the information described in subdivision (c)
if it determines that the public disclosure of the information about
a specific offender by way of the entity’s Internet Web site is
necessary to ensure the public safety based upon information
available to the entity concerning that specific offender.

(3) The information that may be provided pursuant to this
subdivision may include the information specified in subdivision
(b) of Section 290.45. However, that offender’s address may not
be disclosed unless he or she is a person whose address is on the
Department of Justice’s Internet Web site pursuant to subdivision
(b) or (c).

(h) For purposes of this section, “offense” includes the statutory
predecessors of that offense, or any offense committed in another
jurisdiction that, if committed or attempted to be committed in this
state, would have been punishable in this state as an offense listed
in subdivision (c) of Section 290.

(i) Notwithstanding Section 6254.5 of the Government Code,
disclosure of information pursuant to this section is not a waiver
of exemptions under Chapter 3.5 (commencing with Section 6250)
of Title 1 of Division 7 of the Government Code and does not
affect other statutory restrictions on disclosure in other situations.

(j) (1) Any person who uses information disclosed pursuant to
this section to commit a misdemeanor shall be subject to, in
addition to any other penalty or fine imposed, a fine of not less
than ten thousand dollars ($10,000) and not more than fifty
thousand dollars ($50,000).

(2) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment pursuant to subdivision (h) of Section 1170.

(k) Any person who is required to register pursuant to Section
290 who enters an Internet Web site established pursuant to this
section shall be punished by a fine not exceeding one thousand
dollars ($1,000), imprisonment in a county jail for a period not to
exceed six months, or by both that fine and imprisonment.

(l) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.

(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes relating to any of the following is
prohibited:

(A) Health insurance.

(B) Insurance.

(C) Loans.

(D) Credit.

(E) Employment.

(F) Education, scholarships, or fellowships.

(G) Housing or accommodations.

(H) Benefits, privileges, or services provided by any business
establishment.

(3) This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105
and 11105.3, Section 8808 of the Family Code, Sections 777.5
and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871
of the Health and Safety Code, and Section 432.7 of the Labor
Code.

(4) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) or in
violation of paragraph (2) shall make the user liable for the actual
damages, and any amount that may be determined by a jury or a
court sitting without a jury, not exceeding three times the amount
of actual damage, and not less than two hundred fifty dollars
($250), and attorney’s fees, exemplary damages, or a civil penalty
not exceeding twenty-five thousand dollars ($25,000).

(B) Whenever there is reasonable cause to believe that any
person or group of persons is engaged in a pattern or practice of
misuse of the information available via an Internet Web site
established pursuant to this section in violation of paragraph (2),
the Attorney General, any district attorney, or city attorney, or any
person aggrieved by the misuse is authorized to bring a civil action
in the appropriate court requesting preventive relief, including an
application for a permanent or temporary injunction, restraining
order, or other order against the person or group of persons
responsible for the pattern or practice of misuse. The foregoing
remedies shall be independent of any other remedies or procedures
that may be available to an aggrieved party under other provisions
of law, including Part 2 (commencing with Section 43) of Division
1 of the Civil Code.

(m) The public notification provisions of this section are
applicable to every person described in this section, without regard
to when his or her crimes were committed or his or her duty to
register pursuant to Section 290 arose, and to every offense
described in this section, regardless of when it was committed.

(n) A designated law enforcement entity and its employees shall
be immune from liability for good faith conduct under this section.

(o) The Attorney General, in collaboration with local law
enforcement and others knowledgeable about sex offenders, shall
develop strategies to assist members of the public in understanding
and using publicly available information about registered sex
offenders to further public safety. These strategies may include,
but are not limited to, a hotline for community inquiries,
neighborhood and business guidelines for how to respond to
information posted on this Internet Web site, and any other resource
that promotes public education about these offenders.

begin delete SECTION 1. end delete

begin insert SEC. 3. end insert   

Section 830.3 of the Penal Code is amended to read:

830.3.  

The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing
their primary duty or when making an arrest pursuant to Section
836 as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of the
perpetrator of that offense, or pursuant to Section 8597 or 8598 of
the Government Code. These peace officers may carry firearms
only if authorized and under those terms and conditions as specified
by their employing agencies:

(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Board
of Dental Examiners, who are designated by the Director of
Consumer Affairs, provided that the primary duty of these peace
officers shall be the enforcement of the law as that duty is set forth
in Section 160 of the Business and Professions Code.

(b) Voluntary fire wardens designated by the Director of
Forestry and Fire Protection pursuant to Section 4156 of the Public
Resources Code, provided that the primary duty of these peace
officers shall be the enforcement of the law as that duty is set forth
in Section 4156 of that code.

(c) Employees of the Department of Motor Vehicles designated
in Section 1655 of the Vehicle Code, provided that the primary
duty of these peace officers shall be the enforcement of the law as
that duty is set forth in Section 1655 of that code.

(d) Investigators of the California Horse Racing Board
designated by the board, provided that the primary duty of these
peace officers shall be the enforcement of Chapter 4 (commencing
with Section 19400) of Division 8 of the Business and Professions
Code and Chapter 10 (commencing with Section 330) of Title 9
of Part 1.

(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 13104 of that code.

(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health
and Safety Code, provided that the primary duty of these peace
officers shall be the enforcement of the law as that duty is set forth
in Section 106500 of that code.

(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided
that the primary duty of these peace officers shall be the
enforcement of the law as prescribed in Section 95 of the Labor
Code.

(h) All investigators of the State Departments of Health Care
Services, Public Health, and Social Services, the Department of
Toxic Substances Control, the Office of Statewide Health Planning
and Development, and the Public Employees’ Retirement System,
provided that the primary duty of these peace officers shall be the
enforcement of the law relating to the duties of his or her
department or office. Notwithstanding any other law, investigators
of the Public Employees’ Retirement System shall not carry
firearms.

(i) Either the Deputy Commissioner, Enforcement Branch of,
or the Fraud Division Chief of, the Department of Insurance and
those investigators designated by the deputy or the chief, provided
that the primary duty of those investigators shall be the enforcement
of Section 550.

(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 18023 of that code.

(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement
of the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.

(l) Investigators of the Department of Business Oversight
designated by the Commissioner of Business Oversight, provided
that the primary duty of these investigators shall be the enforcement
of the provisions of law administered by the Department of
Business Oversight. Notwithstanding any other law, the peace
officers designated pursuant to this subdivision shall not carry
firearms.

(m) Persons employed by the Contractors’ State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law
as that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code. The
Director of Consumer Affairs may designate as peace officers not
more than 12 persons who shall at the time of their designation be
assigned to the special investigations unit of the board.
Notwithstanding any other law, the persons designated pursuant
to this subdivision shall not carry firearms.

(n) The Chief and coordinators of the Law Enforcement Branch
of the Office of Emergency Services.

(o) Investigators of the office of the Secretary of State designated
by the Secretary of State, provided that the primary duty of these
peace officers shall be the enforcement of the law as prescribed
in Chapter 3 (commencing with Section 8200) of Division 1 of
Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other law, the peace officers designated
pursuant to this subdivision shall not carry firearms.

(p) The Deputy Director for Security designated by Section
8880.38 of the Government Code, and all lottery security personnel
assigned to the California State Lottery and designated by the
director, provided that the primary duty of any of those peace
officers shall be the enforcement of the laws related to assuring
the integrity, honesty, and fairness of the operation and
administration of the California State Lottery.

(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director
of the department, provided that the primary duty of those peace
officers shall be the enforcement of the law as that duty is set forth
in Section 317 of the Unemployment Insurance Code.
Notwithstanding any other law, the peace officers designated
pursuant to this subdivision shall not carry firearms.

(r) The chief and assistant chief of museum security and safety
of the California Science Center, as designated by the executive
director pursuant to Section 4108 of the Food and Agricultural
Code, provided that the primary duty of those peace officers shall
be the enforcement of the law as that duty is set forth in Section
4108 of the Food and Agricultural Code.

(s) Employees of the Franchise Tax Board designated by the
board, provided that the primary duty of these peace officers shall
be the enforcement of the law as set forth in Chapter 9
(commencing with Section 19701) of Part 10.2 of Division 2 of
the Revenue and Taxation Code.

(t) (1) Notwithstanding any other provision of this section, a
peace officer authorized by this section shall not be authorized to
carry firearms by his or her employing agency until that agency
has adopted a policy on the use of deadly force by those peace
officers, and until those peace officers have been instructed in the
employing agency’s policy on the use of deadly force.

(2) Every peace officer authorized pursuant to this section to
carry firearms by his or her employing agency shall qualify in the
use of the firearms at least every six months.

(u) Investigators of the Department of Managed Health Care
designated by the Director of the Department of Managed Health
Care, provided that the primary duty of these investigators shall
be the enforcement of the provisions of laws administered by the
Director of the Department of Managed Health Care.
Notwithstanding any other law, the peace officers designated
pursuant to this subdivision shall not carry firearms.

(v) The Chief, Deputy Chief, supervising investigators, and
investigators of the Office of Protective Services of the State
Department of Developmental Services, the Office of Protective
Services of the State Department of State Hospitals, and the Office
of Law Enforcement Support of the California Health and Human
Services Agency, provided that the primary duty of each of those
persons shall be the enforcement of the law relating to the duties
of his or her department or office.

(w) This section shall become operative July 1, 2014.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1203.10 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1203.10.  

begin insert (a) end insert begin insert   end insert At the time of the plea or verdict of guilty of any
person over 18 years of age, begin delete the end delete begin insert a end insert probation officer of the county
of the jurisdiction of begin delete said end delete begin insert the end insert criminal shall, when so directed by
the court, inquire into the antecedents, character, history, family
environment, and offense of such person, and must report the same
to the court and file his begin insert or her end insert report in writing in the records of
such court. When directed, his begin insert or her end insert report shall contain begin delete his end delete begin insert a end insert
recommendation for or against the release for begin delete such end delete begin insert the end insert person on
probation. If any such person shall be released on probation and
committed to the begin delete care end delete begin insert supervision end insert of begin delete the end delete begin insert a end insert probation officer, such
officer shall keep a complete and accurate record in suitable books
begin delete or other form in writing end delete of the history of the case begin delete in court, and of
the name of the probation officer, and his act end delete begin insert and supervision,
including the names of probation officers assigned to the case,
and their actions end insert in connection with begin delete said end delete begin insert the end insert case; also the age,
sex, nativity, residence, education, habit of temperance, whether
married or single, and the conduct, employment and occupation,
and parents’ begin delete occupation, end delete begin insert occupation, if relevant, end insert and condition of
such person begin delete committed to his care end delete during the term of begin delete such end delete begin insert the end insert
probation and the result of begin delete such end delete begin insert the end insert probation. begin delete Such end delete begin insert The end insert record of
begin delete such end delete begin insert the end insert probation officer begin delete shall be and constitute end delete begin insert is end insert a part of the
records of the court, and shall at all times be open to the inspection
of the court or of any person appointed begin delete by end delete begin insert by, or allowed access
by order of, end insert the court for that purpose, as well as of all magistrates,
and the chief of police, or other heads of the begin delete police, end delete begin insert police, and
other probation agencies, end insert unless otherwise ordered by the court.

begin delete Said books of records shall be furnished for the use of said
probation officer of said county, and shall be paid for out of the
county treasury. end delete

begin delete

Five

end delete

begin insert (b) end insert begin insert   end insert begin insert Five end insert years after termination of probation in any case subject
to this section, the probation officer may destroy any records and
papers in his begin insert or her end insert possession relating to such case.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 1203e of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1203e.  

(a) Commencing June 1, 2010, the probation
department shall compile a Facts of Offense Sheet for every person
convicted of an offense that requires him or her to register as a sex
offender pursuant to Section 290 who is referred to the department
pursuant to Section 1203. The Facts of Offense Sheet shall contain
the following information concerning the offender: name; CII
number; criminal history, including all arrests and convictions for
any registerable sex offenses or any violent offense; circumstances
of the offense for which registration is required, including, but not
limited to, weapons used and victim pattern; and results of the
State-Authorized Risk Assessment Tool for Sex Offenders
(SARATSO), as set forth in Section 290.04, if required. The Facts
of Offense Sheet shall be included in the probation officer’s report.

(b) The defendant may move the court to correct the Facts of
Offense Sheet. Any corrections to that sheet shall be made
consistent with procedures set forth in Section 1204.

(c) The probation officer shall send a copy of the Facts of
Offense Sheet to the Department of Justice begin delete High Risk Sex Offender
Program end delete within 30 days of the person’s sex offense conviction,
and it shall be made part of the registered sex offender’s file
maintained by the begin delete Sex Offender Tracking Program. end delete begin insert Department
of Justice. end insert The Facts of Offense Sheet shall thereafter be made
available to law enforcement by the Department of Justice, which
shall post it with the offender’s record on the Department of Justice
Internet Web site maintained pursuant to Section 290.46, and shall
be accessible only to law enforcement.

(d) If the registered sex offender is sentenced to a period of
incarceration, at either the state prison or a county jail, the Facts
of Offense Sheet shall be sent by the Department of Corrections
and Rehabilitation or the county sheriff to the registering law
enforcement agency in the jurisdiction where the registered sex
offender will be paroled or will live on release, within three days
of the person’s release. If the registered sex offender is committed
to the State Department of State Hospitals, the Facts of Offense
Sheet shall be sent by the State Department of State Hospitals to
the registering law enforcement agency in the jurisdiction where
the person will live on release, within three days of release.

begin delete SEC. 2. end delete

begin insert SEC. 6. end insert   

Section 1328 of the Penal Code is amended to read:

1328.  

(a) A subpoena may be served by any person, except
that the defendant may not serve a subpoena in the criminal action
to which he or she is a party, but a peace officer shall serve in his
or her county any subpoena delivered to him or her for service,
either on the part of the people or of the defendant, and shall,
without delay, make a written return of the service, subscribed by
him or her, stating the time and place of service. The service is
made by delivering a copy of the subpoena to the witness
personally.

(b) (1) If service is to be made on a minor, service shall be
made on the minor’s parent, guardian, conservator, or similar
fiduciary, or if one of them cannot be located with reasonable
diligence, then service shall be made on any person having the
care or control of the minor or with whom the minor resides or by
whom the minor is employed, unless the parent, guardian,
conservator, or fiduciary or other specified person is the defendant,
and on the minor if the minor is 12 years of age or older. The
person served shall have the obligation of producing the minor at
the time and place designated in the subpoena. A willful failure to
produce the minor is punishable as a contempt pursuant to Section
1218 of the Code of Civil Procedure. The person served shall be
allowed the fees and expenses that are provided for subpoenaed
witnesses.

(2) If the minor is alleged to come within the description of
Section 300, 601, or 602 of the Welfare and Institutions Code, and
the minor is not residing with a parent or guardian, regardless of
the age of the minor, service shall also be made upon the designated
agent for service of process at the county child welfare department
or the probation department under whose jurisdiction the child has
been placed.

(3) The court having jurisdiction of the case shall have the power
to appoint a guardian ad litem to receive service of a subpoena of
the child and shall have the power to produce the child ordered to
court under this section.

(c) If any peace officer designated in Section 830 is required as
a witness before any court or magistrate in any action or proceeding
in connection with a matter regarding an event or transaction which
he or she has perceived or investigated in the course of his or her
duties, a criminal subpoena issued pursuant to this chapter requiring
his or her attendance may be served either by delivering a copy to
the peace officer personally or by delivering two copies to his or
her immediate superior or agent designated by his or her immediate
superior to receive the service or, in those counties where the local
agencies have consented with the district attorney’s office,
marshal’s office, or sheriff’s office, where appropriate, to
participate, by sending a copy by electronic means, including
electronic mail, computer modem, facsimile, or other electronic
means, to him or her personally, or to his or her immediate superior
or agent designated by the immediate superior to receive the
service. If the service is made by electronic means, the peace officer
named in the subpoena, or his or her immediate superior or agency
designated by his or her immediate superior shall acknowledge
receipt of the subpoena by telephone or electronic means to the
sender of origin. If service is made upon the immediate superior
or agent designated by the immediate superior, the immediate
superior or the agent shall deliver a copy of the subpoena to the
peace officer as soon as possible and in no event later than a time
which will enable the peace officer to comply with the subpoena.

(d) If the immediate superior or his or her designated agent upon
whom service is attempted to be made knows he or she will be
unable to deliver a copy of the subpoena to the peace officer within
a time which will allow the peace officer to comply with the
subpoena, the immediate superior or agent may refuse to accept
service of process and is excused from any duty, liability, or
penalty arising in connection with the service, upon notifying the
server of that fact.

(e) If the immediate superior or his or her agent is tendered
service of a subpoena less than five working days prior to the date
of hearing, and he or she is not reasonably certain he or she can
complete the service, he or she may refuse acceptance.

(f) If the immediate superior or agent upon whom service has
been made, subsequently determines that he or she will be unable
to deliver a copy of the subpoena to the peace officer within a time
which will allow the peace officer to comply with the subpoena,
the immediate superior or agent shall notify the server or his or
her office or agent not less than 48 hours prior to the hearing date
indicated on the subpoena, and is thereby excused from any duty,
liability, or penalty arising because of his or her failure to deliver
a copy of the subpoena to the peace officer. The server, so notified,
is therewith responsible for preparing the written return of service
and for notifying the originator of the subpoena if required.

(g) Notwithstanding subdivision (c), in the case of peace officers
employed by the California Highway Patrol, if service is made
upon the immediate superior or upon an agent designated by the
immediate superior of the peace officer, the immediate superior
or the agent shall deliver a copy of the subpoena to the peace officer
on the officer’s first workday following acceptance of service of
process. In this case, failure of the immediate superior or the
designated agent to deliver the subpoena shall not constitute a
defect in service.

begin delete SEC. 3. end delete

begin insert SEC. 7. end insert   

Section 1424.5 of the Penal Code is amended to read:

1424.5.  

(a) (1) Upon receiving information that a prosecuting
attorney may have deliberately and intentionally withheld relevant,
material exculpatory evidence or information in violation of law,
a court may make a finding, supported by clear and convincing
evidence, that a violation occurred. If the court finds such a
violation, the court shall inform the State Bar of California of that
violation if the prosecuting attorney acted in bad faith and the
impact of the withholding contributed to a guilty verdict, guilty or
nolo contendere plea, or, if identified before conclusion of trial,
seriously limited the ability of a defendant to present a defense.

(2) A court may hold a hearing to consider whether a violation
occurred pursuant to paragraph (1).

(b) (1) If a court finds, pursuant to subdivision (a), that a
violation occurred in bad faith, the court may disqualify an
individual prosecuting attorney from a case.

(2) Upon a determination by a court to disqualify an individual
prosecuting attorney pursuant to paragraph (1), the defendant or
his or her counsel may file and serve a notice of a motion pursuant
to Section 1424 to disqualify the prosecuting attorney’s office if
there is sufficient evidence that other employees of the prosecuting
attorney’s office knowingly and in bad faith participated in or
sanctioned the intentional withholding of the relevant, material
exculpatory evidence or information and that withholding is part
of a pattern and practice of violations.

(c) This section does not limit the authority or discretion of, or
any requirement placed upon, the court or other individuals to
make reports to the State Bar of California regarding the same
conduct, or otherwise limit other available legal authority,
requirements, remedies, or actions.

begin delete SEC. 4. end delete

begin insert SEC. 8. end insert   

Section 13823.11 of the Penal Code is amended to
read:

13823.11.  

The minimum standards for the examination and
treatment of victims of sexual assault or attempted sexual assault,
including child molestation and the collection and preservation of
evidence therefrom include all of the following:

(a) Law enforcement authorities shall be notified.

(b) In conducting the physical examination, the outline indicated
in the form adopted pursuant to subdivision (c) of Section 13823.5
shall be followed.

(c) Consent for a physical examination, treatment, and collection
of evidence shall be obtained.

(1) Consent to an examination for evidence of sexual assault
shall be obtained prior to the examination of a victim of sexual
assault and shall include separate written documentation of consent
to each of the following:

(A) Examination for the presence of injuries sustained as a result
of the assault.

(B) Examination for evidence of sexual assault and collection
of physical evidence.

(C) Photographs of injuries.

(2) Consent to treatment shall be obtained in accordance with
usual hospital policy.

(3) A victim of sexual assault shall be informed that he or she
may refuse to consent to an examination for evidence of sexual
assault, including the collection of physical evidence, but that a
refusal is not a ground for denial of treatment of injuries and for
possible pregnancy and sexually transmitted diseases, if the person
wishes to obtain treatment and consents thereto.

(4) Pursuant to Chapter 3 (commencing with Section 6920) of
Part 4 of Division 11 of the Family Code, a minor may consent to
hospital, medical, and surgical care related to a sexual assault
without the consent of a parent or guardian.

(5) In cases of known or suspected child abuse, the consent of
the parents or legal guardian is not required. In the case of
suspected child abuse and nonconsenting parents, the consent of
the local agency providing child protective services or the local
law enforcement agency shall be obtained. Local procedures
regarding obtaining consent for the examination and treatment of,
and the collection of evidence from, children from child protective
authorities shall be followed.

(d) A history of sexual assault shall be taken.

The history obtained in conjunction with the examination for
evidence of sexual assault shall follow the outline of the form
established pursuant to subdivision (c) of Section 13823.5 and
shall include all of the following:

(1) A history of the circumstances of the assault.

(2) For a child, any previous history of child sexual abuse and
an explanation of injuries, if different from that given by parent
or person accompanying the child.

(3) Physical injuries reported.

(4) Sexual acts reported, whether or not ejaculation is suspected,
and whether or not a condom or lubricant was used.

(5) Record of relevant medical history.

(e) (1) If indicated by the history of contact, a female victim
of sexual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.

(2) Postcoital contraception shall be dispensed by a physician
or other health care provider upon the request of the victim.

(f) Each adult and minor victim of sexual assault who consents
to a medical examination for collection of evidentiary material
shall have a physical examination which includes, but is not limited
to, all of the following:

(1) Inspection of the clothing, body, and external genitalia for
injuries and foreign materials.

(2) Examination of the mouth, vagina, cervix, penis, anus, and
rectum, as indicated.

(3) Documentation of injuries and evidence collected.

Prepubertal children shall not have internal vaginal or anal
examinations unless absolutely necessary. This does not preclude
careful collection of evidence using a swab.

(g) The collection of physical evidence shall conform to the
following procedures:

(1) Each victim of sexual assault who consents to an examination
for collection of evidence shall have the following items of
evidence collected, except where he or she specifically objects:

(A) Clothing worn during the assault.

(B) Foreign materials revealed by an examination of the
clothing, body, external genitalia, and pubic hair combings.

(C) Swabs and slides from the mouth, vagina, rectum, and penis,
as indicated, to determine the presence or absence of semen.

(D) If indicated by the history of contact, the victim’s urine and
blood sample, for toxicology purposes, to determine if drugs or
alcohol were used in connection with the assault. Toxicology
results obtained pursuant to this paragraph shall not be admissible
in any criminal or civil action or proceeding against any victim
who consents to the collection of physical evidence pursuant to
this paragraph. Except for purposes of prosecuting or defending
the crime or crimes necessitating the examination specified by this
section, any toxicology results obtained pursuant to this paragraph
shall be kept confidential, may not be further disclosed, and shall
not be required to be disclosed by the victim for any purpose not
specified in this paragraph. The victim shall specifically be
informed of the immunity and confidentiality safeguards provided
herein.

(2) Each victim of sexual assault who consents to an examination
for the collection of evidence shall have reference specimens taken,
except when he or she specifically objects thereto. A reference
specimen is a standard from which to obtain baseline information
(for example: pubic and head hair, blood, and saliva for DNA
comparison and analysis). Reference specimens may also be
collected at a later time if they are needed. These specimens shall
be taken in accordance with the standards of the local criminalistics
laboratory.

(3) A baseline gonorrhea culture, and syphilis serology, shall
be taken, if indicated by the history of contact. Specimens for a
pregnancy test shall be taken, if indicated by the history of contact.

(4) (A) If indicated by the history of contact, a female victim
of sexual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.

(B) Postcoital contraception shall be dispensed by a physician
or other health care provider upon the request of the victim.

(h) Preservation and disposition of physical evidence shall
conform to the following procedures:

(1) All swabs and slides shall be air-dried prior to packaging.

(2) All items of evidence including laboratory specimens shall
be clearly labeled as to the identity of the source and the identity
of the person collecting them.

(3) The evidence shall have a form attached which documents
its chain of custody and shall be properly sealed.

(4) The evidence shall be turned over to the proper law
enforcement agency.

begin delete SEC. 5. end delete

begin insert SEC. 9. end insert   

Section 40800 of the Vehicle Code is amended to read:

40800.  

(a) A traffic officer on duty for the exclusive or main
purpose of enforcing the provisions of Division 10 (commencing
with Section 20000) or Division 11 (commencing with Section
21000) shall wear a full distinctive uniform, and if the officer while
on duty uses a motor vehicle, it shall be a distinctive color specified
by the commissioner.

(b) This section does not apply to an officer assigned exclusively
to the duty of investigating and securing evidence in reference to
the theft of a vehicle, failure of a person to stop in the event of an
accident, violation of Section 23109 or 23109.1, in reference to a
felony charge, or to an officer engaged in serving a warrant when
the officer is not engaged in patrolling the highways for the purpose
of enforcing the traffic laws.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 882 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
repealed. end insert

begin delete

882.  

Juvenile ranches, camps or forestry camps shall be in the
charge of a superintendent or director and may be established in
conjunction with the probation department, or in any manner
determined by the county board of supervisors. The superintendent
or director and other persons employed at those ranches or camps
shall be appointed by the probation officer, subject to confirmation
by the board of supervisors, of the county establishing those
ranches or camps.

end delete

begin delete SEC. 6. end delete

begin insert SEC. 11. end insert   

Any section of any act enacted by the Legislature
during the 2016 calendar year that takes effect on or before January
1, 2017, and that amends, amends and renumbers, adds, repeals
and adds, or repeals a section that is amended, amended and
renumbered, added, repealed and added, or repealed by this act,
shall prevail over this act, whether that act is enacted prior to, or
subsequent to, the enactment of this act. The repeal, or repeal and
addition, of any article, chapter, part, title, or division of any code
by this act shall not become operative if any section of any other
act that is enacted by the Legislature during the 2016 calendar year
and takes effect on or before January 1, 2017, amends, amends
and renumbers, adds, repeals and adds, or repeals any section
contained in that article, chapter, part, title, or division.