BILL NUMBER: SB 1015 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2005
INTRODUCED BY Senator Romero
( Principal coauthor: Assembly Member
Parra )
( Coauthor: Senator
Poochigian )
( Coauthor: Assembly Member
La Suer )
FEBRUARY 22, 2005
An act to amend Section 13955 of the Government Code, to
amend Sections 667.5, 1192.7, and 13519.8 of the Penal Code, to amend
Sections 2800.1, 2800.2, 2800.3, and 17004.7 of, and to add Sections
1666.1, 2911, and 17005 to, the Vehicle Code, relating to vehicle
pursuits, and making an appropriation therefor. An act
to add Chapter 5.7 (commencing with Section 8400) to Division 1 of
Title 2 of, and to repeal Section 12016 of, the Government Code, to
add Section 830.15 to the Penal Code, and to amend Section 5066 of
the Vehicle Code, relating to homeland security.
LEGISLATIVE COUNSEL'S DIGEST
SB 1015, as amended, Romero. Vehicle pursuits.
Office of Homeland Security.
(1) Existing law requires the Governor to appoint a Director of
Homeland Security to coordinate homeland security activities in the
state, and to appoint a deputy director of homeland security to serve
at the pleasure of the director. Existing law sets forth certain
duties of an Office of Homeland Security in state government.
This bill would repeal the provisions requiring the appointment of
the Director of Homeland Security and the deputy director. It would
instead establish the Office of Homeland Security in the office of
the Governor, with specified duties with regard to the coordination
and oversight of homeland security activities in the state, under the
direction of a Director of Homeland Security appointed by the
Governor, with specified authority and duties.
(2) Existing law authorizes the Attorney General to furnish
specified summary criminal history information to certain peace
officers of the state, subject to specified conditions.
This bill would specify that persons employed within the Office of
Homeland Security whose duties and responsibilities require the
authority to access criminal history and other intelligence
information, and who have been cleared to do so by both the state
Department of Justice and the United States Department of Homeland
Security, are peace officers of the state for these purposes.
(3) The California Public Records Act specifies that certain
security, investigatory, and other information of certain law
enforcement entities is not subject to disclosure.
This bill would specify that the Office of Homeland Security is a
law enforcement organization as required for receipt by employees of
the office of confidential intelligence information pursuant to these
provisions.
(4) Existing law requires that 1/2 of certain revenues derived
from the issuance, renewal, transfer, and substitution of California
memorial license plates and deposited into the Antiterrorism Fund, be
allocated by the Controller, upon appropriation by the Legislature,
to the Office of Criminal Justice Planning to be used solely for
antiterrorism purposes.
This bill instead would require that one half of these funds be
allocated by the Controller, upon appropriation by the Legislature,
to the Office of Homeland Security for these purposes.
Existing law provides for compensation to crime victims, as
specified, from the Restitution Fund, a continuously appropriated
fund.
This bill would include as qualifying as a crime victim for those
purposes, injury or death caused by any party where a peace officer
is operating a motor vehicle in an effort to apprehend a suspect, and
the suspect is evading, fleeing, or otherwise attempting to elude
the peace officer.
By expanding the uses of a continuously appropriated fund, this
bill would make an appropriation.
Existing law, as amended by initiative, provides for sentencing
enhancements for certain crimes categorized as "serious felonies."
Existing law permits amendment of these provisions by a 2/3 vote of
the Legislature.
This bill would add to the list of serious felonies, the offense
of willful flight or attempt to elude a pursuing peace officer, while
operating a motor vehicle, and causing death or serious injury, as
specified.
By amending provisions of an initiative statute, this bill would
require a 2/3 vote of the Legislature.
Existing law, as amended by initiative, provides for sentencing
enhancements for certain crimes categorized as "violent felonies."
Existing law permits amendment of these provisions by a 2/3 vote of
the Legislature.
This bill would add to the list of violent felonies, the offenses
of willful flight or attempt to elude a pursuing peace officer, while
operating a motor vehicle, or doing the same with willful or wanton
disregard for the safety of persons or property, as specified.
By amending provisions of an initiative statute, this bill would
require a 2/3 vote of the Legislature.
Existing law requires the Commission on Peace Officer Standards
and Training to implement a course or courses of instruction for the
training of law enforcement officers in the handling of high-speed
vehicle pursuits and to develop uniform, minimum guidelines for
adoption by California law enforcement agencies for response to
high-speed vehicle pursuits, as specified. Existing law provides that
adoption and implementation of a pursuit policy with those
guidelines as a minimum for the agency's pursuit policy is
discretionary.
This bill would make adoption and implementation of a pursuit
policy, as specified, mandatory for law enforcement agencies.
By imposing additional duties on local law enforcement agencies,
this bill would impose a state-mandated local program.
Existing law specifies certain content for examinations for a
driver's license.
This bill would require the Department of Motor Vehicles to
include at least one question in each test of an applicant's
knowledge and understanding to verify that the applicant has an
understanding of the risks and punishments associated with eluding a
pursuing peace officer's motor vehicle.
Existing law provides that any person who, while operating a motor
vehicle and with the intent to evade, willfully flees or otherwise
attempts to elude a pursuing peace officer's motor vehicle, and
certain conditions exist, is guilty of a misdemeanor.
This bill would increase the punishment for a violation to
imprisonment in a county jail not exceeding one year, or in the state
prison. The bill would also provide that any person who violates
those provisions and who has a prior conviction for violating those
provisions would be punishable as a felony.
By increasing the burden on local jail facilities and on local
prosecutors, this bill would impose a state-mandated local program.
Existing law provides that if a person flees or attempts to elude
a pursuing peace officer, as specified, and the pursued vehicle is
driven in a willful or wanton disregard for the safety of persons or
property, the person driving the vehicle, upon conviction, shall be
punished by imprisonment in the state prison, or by confinement in
the county jail for not less than 6 months nor more than one year.
The court may also impose a fine of not less than $1,000 nor more
than $10,000, or may impose both that imprisonment or confinement and
fine.
This bill would increase the penalty to imprisonment in the state
prison for 3, 5, or 7 years, and would eliminate the provisions
authorizing imposition of a fine.
By increasing the burden on local prosecutors, this bill would
impose a state-mandated local program.
Existing law provides that whenever willful flight or attempt to
elude a pursuing peace officer, as specified, proximately causes
death or serious bodily injury to any person, the person driving the
pursued vehicle, upon conviction, shall be punished by imprisonment
in the state prison for 3, 4, or 5 years, by imprisonment in the
county jail for not more than one year, or by a fine of not less than
$2,000 nor more than $10,000, or by both that fine and imprisonment.
This bill would increase the penalty to imprisonment in the state
prison for 5, 7, or 9 years, and would eliminate the provisions
authorizing imposition of a fine.
By increasing the burden on local prosecutors, this bill would
impose a state-mandated local program.
Existing law establishes the California Traffic Safety Program, to
include state and local programs, as specified.
This bill would require all traffic safety programs that receive
state funds and that include public awareness campaigns involving
emergency vehicle operations to include in public awareness campaign,
information on the risks to public safety of peace officer motor
vehicle pursuits, and the penalties that may result from evading a
peace officer.
Existing law provides that any public agency employing peace
officers which adopts a written policy on vehicular pursuits, as
specified, shall be immune from liability for civil damages for
personal injury to or death of any person or damage to property
resulting from the collision of a vehicle being operated by an actual
or suspected violator of the law who is being, has been, or believes
he or she is being or has been, pursued by a peace officer employed
by the public entity in a motor vehicle. Existing law makes adoption
of a vehicle pursuit policy pursuant to these provisions
discretionary.
This bill would make adoption and training pursuant to a vehicle
pursuit policy mandatory, as specified, and would expand the items to
be addressed by the policy, thereby imposing a state-mandated local
program.
This bill would also provide that in all situations where a peace
officer is operating a motor vehicle in an effort to apprehend a
suspect and the suspect is evading, fleeing, or otherwise attempting
to elude the peace officer, the suspect would be strictly liable for
the personal injury or death of any person, or damage to any
property, resulting from the suspect's attempt to avoid capture.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: 2/3 majority . Appropriation:
yes no . Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5.7 (commencing with Section
8400) is added to Division 1 of Title 2 of the Government
Code , to read:
CHAPTER 5.7. OFFICE OF HOMELAND SECURITY
8400.
(a) There is in the office of the Governor the Office of Homeland
Security. The mission of the office shall be to develop and
coordinate the implementation of a comprehensive state strategy to
coordinate security activities throughout the state to prevent,
deter, and mitigate acts of terrorism, including, but not limited to,
grants, operations, training and exercises, information analysis,
critical infrastructure protection, and planning and research.
(b) For purposes of this chapter, "homeland security" includes all
of the following:
(1) The prevention of terrorist attacks within the state.
(2) The reduction of the vulnerability of the state to terrorism.
(3) Minimizing the damage to, and assisting in the recovery of,
the state from terrorist attacks that occur within this state or the
United States.
8401.
The office shall be headed by a director, to be known as the
Director of Homeland Security, who shall be appointed by the Governor
with the advice and consent of the Senate, and who shall serve at
the pleasure of the Governor. The director shall be the individual
primarily responsible for coordinating security efforts of all
departments and agencies in the state and shall be the principal
point of contact for and to the Governor with respect to coordination
of these efforts. The director shall have the authority of a head of
a department as provided by law.
8402.
The office shall have all of the following duties and
responsibilities:
(a) Coordinating homeland security activities throughout the
state.
(b) Coordinating the activities of all state agencies pertaining
to homeland security issues, including, but not limited to, all
legislative issues, contact with federal and local agencies,
training, exercises, public outreach activities, critical
infrastructure protection, information analysis and threat
protection, and planning and research.
(c) Coordinating and approving all activities between state
agencies and federal agencies on topics related to terrorism,
including coordinating and approving all state requests for federal
funds designated for homeland security activities, developing
guidelines for those state requests, and approving the distribution
of any federal funds allocated to the state.
(d) Serving as the principal point of contact for and to the
Governor with respect to the federal Department of Homeland Security
and all other federal and state agencies and the Legislature, on
matters relating to terrorism and homeland security.
(e) Coordinating the review and assessment of the California
Homeland Security Strategy, and coordinating the amendment and
submission of the plan to the Governor for approval.
(f) Assigning specific state security functions to state agencies
consistent with the duties and responsibilities identified in the
California Homeland Security Strategy. These assignments may be made
by administrative order issued by the director.
8403.
(a) The director may appoint staff necessary for the support of
the office pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5).
(b) The director shall respond to and investigate complaints
regarding actions of employees of the office.
8404.
All state agencies shall assist the Office of Homeland Security
and the director in carrying out the purposes of this chapter and the
functions of the office.
8405.
(a) Notwithstanding Section 7550.5, the office shall submit an
annual report to the Legislature. This report, which shall be a
public record and shall be posted on the office's Web site, shall
include the following:
(1) A review of the activities of the office and of state and
local government agencies during the previous year in the area of
homeland security.
(2) A review of activities involving the activities of the office
in the area of homeland security during the previous year that
resulted in complaints of violations of constitutional rights of
privacy, free speech and expression, equal protection, or due
process.
(3) A list of the state and local law enforcement entities
participating in Regional Threat Assessment Centers, a review of the
memoranda of understanding signed by the office governing their
participation, and the costs of that participation.
(b) Notwithstanding Section 7550.5, the office, in collaboration
with the State Department of Health Services, shall report to the
Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the budget and policy committees of each house of the
Legislature on or before February 1, 2006, a statewide strategic
plan for the use of federal homeland security and bioterrorism funds
by all departments and local jurisdictions. The plan shall include
the state's goals and objectives for improving the state's level of
preparedness for a terrorism event, which is based on an assessment
of the state's level of preparedness and reflects a coordination of
preparedness activities at the state and local level.
(c) Notwithstanding Section 7550.5, the office, in collaboration
with the State Department of Health Services, shall annually report
to the Chairperson of the Joint Legislative Budget Committee, and the
chairperson of the budget committees of each house of the
Legislature on or before January 10 its expenditures of federal
homeland security and bioterrorism funds. This report shall include
all of the following:
(1) Descriptions of the grant expenditures and coordination
activities at the state and local level that have occurred over the
past year.
(2) How those activities met the state's strategic goals and
objectives.
(3) The funding amounts awarded to local jurisdictions and
specific departments.
(4) The funding levels by grant and grant year that have been
expended, encumbered, and unencumbered.
(5) Any challenges that the departments or local jurisdictions
encountered that hindered the expenditure of these funds.
(6) The areas of focus for the upcoming year.
SEC. 2. Section 12016 of the Government
Code is repealed.
12016.
(a) The Governor shall appoint, to serve at his or her pleasure,
an executive officer who shall be Director of Homeland Security. The
Director of Homeland Security shall be in charge of homeland security
and shall be the state coordinator of all homeland security
activities, including, but not limited to, homeland security
strategy, information analysis related to terrorism, and protection
of critical infrastructure from terrorism.
(b) The Governor shall also appoint one deputy director of
homeland security who shall serve at the pleasure of the director.
The salaries of the director and deputy director shall be fixed in
accordance with law.
SEC. 3. Section 830.15 is added to the
Penal Code , to read:
830.15.
(a) Persons described in subdivision (d) are not peace officers
but shall be included as "peace officers of the state" under
paragraph (2) of subdivision (c) of Section 11105 for the purpose of
receiving state summary criminal history information, and shall be
furnished that information on the same basis as peace officers of the
state designated in paragraph (2) of subdivision (c) of Section
11105.
(b) Persons described in subdivision (d) shall not exercise the
powers of arrest for a peace officer as specified in Section 386, nor
the power to serve warrants as specified in Sections 1523 and 1530,
during the course and within the scope of their employment.
(c) Notwithstanding any other provision of law, persons described
in subdivision (d) may not carry firearms.
(d) This section applies to persons employed within the Office of
Homeland Security whose duties and responsibilities require the
authority to access criminal history and other intelligence
information, and who have been cleared to do so by both the state
Department of Justice and the United States Department of Homeland
Security.
(e) The Office of Homeland Security shall be considered a law
enforcement organization as required for receipt by these persons of
confidential intelligence information pursuant to subdivision (f) of
Section 6254 of the Government Code.
SEC. 4. Section 5066 of the Vehicle
Code is amended to read:
5066.
(a) The department shall, in conjunction with the California
Highway Patrol, design and make available for issuance pursuant to
this article the California memorial license plate. Notwithstanding
Section 5060, the California memorial license plate may be issued in
a combination of numbers or letters, or both, as requested by the
applicant for the plates. Any person described in Section 5101 may,
upon payment of the additional fees set forth in subdivision (b),
apply for and be issued a set of California memorial license plates.
(b) In addition to the regular fees for an original registration
or renewal of registration, the following additional fees shall be
paid for the issuance, renewal, retention, or transfer of the
California memorial license plates authorized pursuant to this
section:
(1) For the original issuance of the plates, fifty dollars ($50).
(2) For a renewal of registration of the plates or retention of
the plates, if renewal is not required, forty dollars ($40).
(3) For transfer of the plates to another vehicle, fifteen dollars
($15).
(4) For each substitute replacement plate, thirty-five dollars
($35).
(5) In addition, for the issuance of an environmental license
plate, as defined in Section 5103, the additional fees prescribed in
Sections 5106 and 5108 shall be deposited proportionately in the
funds described in subdivision (c).
(c) The department shall deposit the additional revenue derived
from the issuance, renewal, transfer, and substitution of California
memorial license plates as follows:
(1) Eighty-five percent in the Antiterrorism Fund, which is hereby
created in the General Fund.
(A) Upon appropriation by the Legislature, one-half of the money
in the fund shall be allocated by the Controller to the Office of
Criminal Justice Planning Homeland Security
to be used solely for antiterrorism activities. The office may
not use more than 5 percent of the funds appropriated to it for
administrative purposes.
(B) Upon appropriation by the Legislature in the annual Budget Act
or in another statute, one-half of the money in the fund shall be
used solely for antiterrorism activities.
(2) Fifteen percent in the California Memorial Scholarship Fund,
which is hereby established in the General Fund. Moneys deposited in
this fund shall be administered by the Scholarshare Investment
Board, and shall be available, upon appropriation in the annual
Budget Act or in another statute, for distribution or encumbrance by
the board pursuant to Article 21.5 (commencing with Section 70010) of
Chapter 2 of Part 42 of the Education Code.
(d) The department shall deduct its costs to administer, but not
to develop, the California memorial license plate program. The
department may utilize an amount of money, not to exceed fifty
thousand dollars ($50,000) annually, derived from the issuance,
renewal, transfer, and substitution of California memorial license
plates for the continued promotion of the California memorial license
plate program of this section.
(e) "Antiterrorism activities" means activities related to the
prevention, detection, and emergency response to terrorism that are
undertaken by state and local law enforcement, fire protection, and
public health agencies. The funds provided for these activities, to
the extent that funds are available, shall be used exclusively for
purposes directly related to fighting terrorism. Eligible activities
include, but are not limited to, hiring support staff to perform
administrative tasks, hiring and training additional law enforcement,
fire protection, and public health personnel, response training for
existing and additional law enforcement, fire protection, and public
health personnel, and hazardous materials and other equipment
expenditures.
(f) Beginning January 1, 2007, and each January 1 thereafter, the
department shall determine the number of currently outstanding and
valid California memorial license plates. If that number is less than
7,500 in any year, then the department shall no longer issue or
replace those plates.
SECTION 1. Section 13955 of the Government Code is amended to
read: All matter omitted in this version of the bill
appears in the bill as introduced in the Senate, February 22, 2005
(JR11)