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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