BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 1474       Hearing Date:    April 19, 2016    
          
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          |Author:    |Committee on Public Safety                           |
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          |Version:   |April 7, 2016                                        |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|MK                                                   |
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                           Subject:  Public Safety Omnibus



          HISTORY
          Source:   Various

          Prior Legislation:SB 795 (Committee on Public Safety)
                         SB 1461 (Committee on Public Safety)
                         SB 514 (Committee on Public Safety) Chapter 59,  
          Stats. 2013 
                         SB 1144 (Strickland) Chapter  867, Stats. 2012 
                         SB 428 (Strickland) Chapter 304, Stats. 2011
                         SB 1062 (Strickland) Chapter 708, Stats. 2010 
                         SB 174 (Strickland) Chapter 35, Stats. 2009 
                         SB 1241 (Margett) Chapter 699, Stats. 2008 
                         SB 425 (Margett) Chapter 302, Stats. 2007
                         SB 1422 (Margett) Chapter 901, Stats. 2006 
                         SB 1107 (Committee on Public Safety) Chapter 279,  
          Stats. 2005 
                         SB 1796 (Committee on Public Safety) Chapter 405,  
          Stats. 2004 
                         SB 851 (Committee on Public Safety) Chapter 468,  
          Stats. 2003
                         SB 1852 (Committee on Public Safety) Chapter 545,  
          Stats. 2002 
                         SB 485 (Committee on Public Safety) Chapter 473,  
          Stats. 2001 
                         SB 832 (Committee on Public Safety) Chapter 853,  







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          Stats. 1999 
                         SB 1880 (Committee on Public Safety) Chapter 606,  
          Stats. 1998

          Support:  California District Attorneys Association

          Opposition:None known
                                                
          PURPOSE
          
          The purpose of this bill is to make technical and corrective  
          changes to various code sections relating generally to criminal  
          justice laws, as specified.

          Existing law governs the service of criminal subpoenas on peace  
          officers. (Penal Code § 1328(c))

          This bill would allow the district attorney to send a subpoena  
          to a peace officer by electronic means.

          Existing law requires a peace officer monitoring traffic to be  
          in a car painted a distinctive color. (Vehicle Code § 40800)

          This bill requires the car to be a distinctive color but does  
          not require it be painted.

          Existing law lists what should be in a sexual assault collection  
          kit. (Penal Code § 13823.11)

          This bill makes clarifying changes to that section.

          Existing law governs what shall be in a probation report and who  
          can access them. (Penal Code § 1203.10)

          This bill clarifies that probation reports can be shared between  
          probation agencies.

          This bill makes other clarifying and technical changes.
          
                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  








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          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:









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              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.



          COMMENTS

          1.   Purpose of This Bill


          This is the annual omnibus bill. In past years, the omnibus bill  
          has been introduced by all members of the Committee on Public  
          Safety. This bill is similar to the ones introduced as Committee  
          bills in the past in that it has been introduced with the  
          following understanding: The bill's provisions make only  
          technical or minor changes to the law; and There is no  
          opposition by any member of the Legislature or recognized group  
          to the proposal. This procedure has allowed for introduction of  
          fewer minor bills and has saved the Legislature time and expense  
          over the years. 


          2.   Method of Subpoenaing a Peace Officer


          Existing law sets for the service of criminal subpoenas.  This  
          bill would allow a district attorney to subpoena an officer by  
          electronic means.   The California District Attorneys  
          Association requested this change stating:


               Section 1328 was last amended in 2002. Since that time,  
               both the technology and the widespread use of  








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               electronic communications have improved dramatically.  
               Many DA offices now have case management systems that  
               allow them to receive police reports, file charges, and  
               manage and litigate cases through the use of electronic  
               communications rather than paper documents. These  
               systems typically include a procedure for the  
               electronic service of criminal subpoenas on peace  
               officers of police agencies that have agreed to  
               participate in this process.

               About a dozen DA offices in California use a case  
               management system that allows them to generate an  
               electronic subpoena for a peace officer employed by a  
               participating agency. The subpoena can be  
               electronically sent to a portal. The peace officer  
               named in the subpoena receives an email directing him  
               or her to go to the portal for the subpoena. Once the  
               peace officer uses his or her credentials to access the  
               portal and open the subpoena, service is complete. The  
               DA will have an electronic record of the service of the  
               subpoena and the appropriate superior officers within  
               the police agency will have access to the portal to  
               monitor issuance and service of the subpoenas.

               The main distinction between this newer process and the  
               electronic service specifically authorized by section  
               1328(c) is that now the electronic subpoena can be sent  
               directly to the peace officer named in the subpoena  
               through the portal, rather than to his or her superior  
               for subsequent service on the officer. This newer  
               technology should permit simpler and more reliable  
               service. Section 1328(c) should be amended to add this  
               third more direct mode of electronic service to the two  
               current options contained in the statute. The statute  
               should also be amended to add the "district attorney"  
               to the "marshal or sheriff" as officials with whom  
               local police agencies may enter into an agreement to  
               receive electronic service of subpoenas. By simply  
               adding an additional option for electronic service,  
               this amendment would not interfere with any agencies  
               that are currently using the procedures authorized  
               under the existing section 1328(c).
          









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          3.   Marked Traffic Patrol Car


          Existing law requires a peace officer on traffic patrol to be in  
          a vehicle painted in a distinctive color.   According to the  
          California Police Chiefs Association some departments now use a  
          "vehicle wrap" instead of paint, so this amendment deletes the  
          word "painted" and thus just requires the vehicle be a  
          distinctive color.


          4.   Update Requirements for Sex Assault Kit


          Existing law specifies what physical evidence shall be collected  
          from a sexual assault victim.  As suggested by the California  
          Clinical Forensic Medical Training Center, this bill makes  
          amendments to this section to conform to updated collection  
          methods including the advent of DNA science and technology.


          5.   Probation Reports


          Existing law specifies what shall be in a probation report and  
          who shall have access to the reports.  This bill amends that  
          section to make it clear that probation agencies can share  
          reports with other agencies. According to the Chief Probation  
          Officers of California:


               Record requests and transfers between probation  
               departments are routinely made in managing persons on  
               supervised release. Currently, PC 1203.10 does not  
               expressly recognize this practice. This proposal would  
               clarify that probation departments can share probation  
               reports with other probation agencies for the purpose  
               of carrying out the duties of this section pertaining  
               to the care and supervision of supervised persons.


          5.   Technical Changes 









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          This bill makes other technical changes.





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