BILL ANALYSIS Ó
SB 1474
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Date of Hearing: June 14, 2016
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SB
1474 (Committee on Public Safety) - As Amended April 7, 2016
SUMMARY: Makes technical and corrective changes, as well as
non-controversial substantive changes, to various code sections
relating generally to criminal justice laws. Specifically, this
bill:
1)Deletes references to the Sex Offender Tracking Program and
the High Risk Sex Offender Program within the Department of
Justice (DOJ) and instead includes general references to the
DOJ.
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2)Allows the district attorney to send a subpoena to a peace
officer by electronic means.
3)Provides that probation reports may be shared between
probation agencies.
4)Deletes the requirement that a police vehicle that is
monitoring traffic be painted but continues to require the
vehicle be a distinctive color.
5)Updates the section related to the collection of evidence in
sexual assault cases.
6)Makes additional clarifying or technical changes.
EXISTING LAW:
1)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, and requires those departments to send the
scores obtained in accordance with those provisions to DOJ's
Sex Offender Tracking Program. (Pen. Code, § 290.06.)
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2)Requires the State Department of State Hospitals to provide to
DOJ's 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. (Pen. Code, §
290.46.)
3)Specifies the means by which a peace officer may be subpoenaed
in a criminal matter. (Pen. Code, § 1328, subd. (c).)
4)Provides that the report prepared by the probation officer
shall be and constitute 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 by the court for that purpose, as
well as all magistrates, and the chief of police, or other
heads of the police, unless otherwise order by the court.
(Pen. Code, § 1203.10.)
5)States that a traffic officer on duty for the exclusive main
purpose of enforcing traffic laws shall wear a full
distinctive uniform, and if the officer while on duty uses a
motor vehicle, it must be painted a distinctive color
specified by the commissioner. (Veh. Code, § 40800.)
6)Sets the minimum standards for examination and treatment of
victims of sexual assault and lists what should be in a sexual
assault collection kit. (Pen. Code, § 13823.11.)
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FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "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)Subpoenaing a Peace Officer: Under existing law, a peace
officer may be served a subpoena to appear in court in a
criminal matter either by personal delivery of the subpoena to
the officer or to the officer's immediate supervisor or agent
designated by the immediate supervisor, or in counties where
the local agencies have consented with the local marshal's
office or sheriff's office to receive subpoenas by electronic
means, the subpoena may be served electronically to the
officer's immediate supervisor or agent designated by the
immediate supervisor. (Pen. Code, § 1328, subd. (c).)
This bill would allow a district attorney to subpoena an officer
by electronic means. According to the California District
Attorneys Association, the organization that requested this
update to the statute:
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"About a dozen [district attorney] 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)."
3)DOJ Sex Offender Tracking Program: Existing law requires law
enforcement agencies to submit information on registered sex
offenders to the DOJ, Sex Offender Tracking Program. (Pen.
Code, §§ 290.06, subd. (a)(5), 290.46, subd. (a)(3), and
1203e, subd. (c) The program was renamed but remains unchanged
in the relevant statutes.
According to DOJ, "[t]o avoid confusion with the obsolete
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program name, references to the Sex Offender Trafficking
Program should be replaced with generic references to DOJ.
This will help ensure DOJ is appropriately identified as the
recipient of mandated information, rather than referring to a
particular unit or program."
4)Painted Police Vehicles: Existing law provides that a police
vehicle monitoring traffic "shall be painted a distinctive
color specified by the commissioner." (Veh. Code, § 40800.)
This bill removes the requirement that police vehicles be
"painted" but continues to require the vehicle to be a
distinctive color.
According to the California Police Chiefs Association, the
organization that requested this change, the term "painted" is
problematic because agencies have begun to use "vehicle wrap"
rather than paint, which is how Ford ships its new black &
white cars. Some jurisdictions are concerned about the wording
in the current statute that they ordered their Fords black and
paid to have them actually painted.
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 specify that probation
agencies can share reports with other agencies. According to
the Chief Probation Officers of California, the organization
that requested this update to the statutes:
"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."
6)Update Requirements for Sex Assault Kits: Existing law
specifies what physical evidence shall be collected from a
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sexual assault victim. (Pen. Code, § 13823.11, subd. (g).)
The California Clinical Forensic Medical Training Center
suggested this amendment in order to conform to updated
collection methods including the advent of DNA science and
technology.
7)Prior Legislation:
a) SB 795 (Committee on Public Safety), Chapter 499,
Statutes of 2015, was the annual 2015 Public Safety
Committee's omnibus bill.
b) SB 1461 (Committee on Public Safety), Chapter 54,
Statutes of 2014, was the annual 2014 Public Safety
Committee's omnibus bill.
c) SB 514 (Committee on Public Safety), Chapter 59,
Statutes of 2013, was the annual 2013 Public Safety
Committee's omnibus bill.
d) SB 1144 (Strickland), Chapter 867, Statutes of 2012, was
the annual 2012 Public Safety Committee's omnibus bill.
e) SB 428 (Strickland), Chapter 304, Statutes of 2011, was
the annual 2011 Public Safety Committee's omnibus bill.
f) SB 1062 (Strickland), Chapter 708, Statutes of 2010, was
the annual 2010 Public Safety Committee's omnibus bill.
g) SB 174 (Strickland), Chapter 35, Statutes of 2009, was
the annual 2009 Public Safety Committee's omnibus bill.
h) SB 1241 (Margett), Chapter 699, Statutes of 2008, was
the annual 2008 Public Safety Committee's omnibus bill.
i) SB 425 (Margett), Chapter 302, Statutes of 2007, was the
annual 2007 Public Safety Committee's omnibus bill.
j) SB 1422 (Margett), Chapter 901, Statutes of 2006, was
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the annual 2006 Public Safety Committee's omnibus bill.
aa) SB 1107 (Committee on Public Safety), Chapter 279,
Statutes of 2005, was the annual 2005 Public Safety
Committee's omnibus bill.
bb) SB 1796 (Committee on Public Safety), Chapter 405,
Statutes of 2004, was the annual 2004 Public Safety
Committee's omnibus bill.
cc) SB 851 (Committee on Public Safety), Chapter 468,
Statutes of 2003, was the annual 2003 Public Safety
Committee's omnibus bill.
dd) SB 1852 (Committee on Public Safety), Chapter 545,
Statutes of 2002, was the annual 2002 Public Safety
Committee's omnibus bill.
ee) SB 485 (Committee on Public Safety), Chapter 473,
Statutes of 2001, was the annual 2001 Public Safety
Committee's omnibus bill.
ff) SB 832 (Committee on Public Safety), Chapter 853,
Statutes of 1999, was the annual 1999 Public Safety
Committee's omnibus bill.
gg) SB 1880 (Committee on Public Safety), Chapter 606,
Statutes of 1998, was the annual 1998 Public Safety
Committee's omnibus bill.
REGISTERED SUPPORT / OPPOSITION:
Support
SB 1474
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California District Attorneys Association
Opposition
None
Analysis Prepared by:Stella Choe / PUB. S. / (916)
319-3744