BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Elaine K. Alquist, Chair S
2005-2006 Regular Session B
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SB 1107 (Senate Committee on Public Safety) 7
As Amended April 18, 2005
Hearing date: April 26, 2005
Penal Code
MK:br
PUBLIC SAFETY OMNIBUS BILL
HISTORY
Source: Various
Prior Legislation: SB 1796 (SCoPS) - Ch. 405, Stats. 2004
SB 851 (SCoPS) - Ch. 468, Stats. 2003
SB 1852 (SCoPS) - Ch. 545, Stats. 2002
SB 485 (SCoPS) - Ch. 473, Stats. 2001
SB 832 (SCoPS) - Ch. 853, Stats. 1999
SB 1880 (SCoPS) - Ch. 606, Stats. 1998
Support: Unknown
Opposition:None known
KEY ISSUE
SHOULD A NUMBER OF TECHNICAL CHANGES AND CORRECTIONS BE MADE TO
SPECIFIED PENAL CODE PROVISIONS?
PURPOSE
The purpose of this bill is to make technical changes and
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SB 1107 (Senate Committee on Public Safety)
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corrections to specified Penal Code provisions.
Existing law refers to the district attorney in a section
dealing with the right of a domestic violence victim to have a
support person available. (Penal Code 679.05.)
This bill changes that reference to "prosecutor" since city
attorneys also prosecute these cases.
Existing law sets forth when a search warrant may be issued.
(Penal Code 1524.)
This bill makes two technical changes in Penal Code Section
1524, changing "clergyman" to "member of the clergy" and
correcting a cross-reference.
Existing law sets up the composition of the county boards of
parole commissioners including providing for the appointment of
a public member and allowance for an alternative public member.
(Penal Code 3075.)
Existing law provides that the presiding judge of the superior
court in Contra Costa County may appoint an alternate for the
public member who shall serve in the absence of the public
member. (Penal Code 3085.1.)
This bill repeals Penal Code Section 3085.1.
Existing law provides that the Department of Justice shall
maintain state summary history information and sets forth the
criteria for the release of that information for employment and
licensing purposes. (Penal Code 1105.)
This bill adds some Financial Code sections that were mistakenly
left out of the criteria for the release of state summary
history information relating to employment with a financial
institution.
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Existing law regulates the reporting of child abuse by mandated
reporters. (Penal Code 1166 et seq.)
This bill clarifies that the victim's name must only be included
in a report on child abuse if the victim's name is known.
Existing law provides that the Department of Justice shall
maintain an index of all child abuse reports (CACI) and allows
the Department of Justice to charge a fee when the index is
accessed for employment or licensing purposes as permitted under
one subsection. (Penal Code 11170.)
This bill adds another cross reference so that the Department of
Justice could charge a fee for access under a different
subdivision and makes a technical change changing a reference to
"district attorney" to "prosecutor."
COMMENTS
1. Purpose of This Bill
The annual omnibus bill is introduced by all Members of the
Committee with the following understanding:
Its provisions make only technical or minor changes to the
law.
There is no opposition by any recognized group to the
proposal.
If any Member of the Committee has a concern about one of its
provisions, that provision will be deleted.
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This procedure has allowed for introduction of fewer minor bills
and has saved the Legislature time and expense. The following
bills had the same intent as this bill:
SB 1796 (Senate Committee on Public Safety) - Chapter405-
Stats. 2004
SB 851 (Senate Committee on Public Safety) - Chapter 468,
Stats. 2003;
SB 1852 (Senate Committee on Public Safety) - Chapter 545,
Stats. 2002;
SB 485 (Senate Committee on Public Safety) - Chapter 473,
Stats. 2001;
SB 832 (Senate Committee on Public Safety) - Chapter 853,
Stats. 1999; and
SB 1880 (Senate Committee on Public Safety) - Chapter 606,
Stats. 1998.
2. Amendment to Penal Code Section 11167
This amendment was included at the request of the Department of
Justice, which states:
SB 900 (Ortiz) of 2002 was sponsored by the
Department of Justice to consolidate the
dissemination criteria used for criminal record
information (CORI) requests for purposes of
employment, licensing, and certification. One of
the six criteria created was intended to apply to
CORI requests from financial institutions, and it
was believed that the criteria - set forth in
subdivision (o) of Penal Code Section 11105 -
included all Financial Code sections pursuant to
which CORI may be requested from DOJ. That belief
was incorrect. This bill will add
previously-missed Financial Code sections to
subdivision (o), to ensure that all financial
institution CORI requests are handled with parity.
3. Amendment to Penal Code Section 11167
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This amendment was included at the request of the Department of
Justice, which states:
SB 1313 (Kuehl) of 2004 was sponsored by the
Department of Justice on behalf of the state's
Child Abuse and Neglect Reporting Act Task Force,
which made numerous recommendations for
legislative change. At one point, the bill would
have amended the Child Abuse and Neglect Reporting
Act (CANRA) (Penal Code Section 11164 et seq.) to
provide that a report of known or suspected child
abuse is not required in the absence of an
identifiable victim. That provision was amended
out in the Assembly. Nonetheless, in its current
form, Penal Code Section 11167(a) provides that a
child abuse report "shall include" the victim's
name. This bill will amend this requirement to
provide that a child abuse report shall include
the victim's name if known.
4. Amendment to Penal Code Section 11170
This amendment was included at the request of the Department of
Justice, which states:
With the enactment of SB 1313, and, specifically,
Penal Code Section 11170(b)(7), access to the Child
Abuse Central Index (CACI) has been granted to
governmental agencies conducting background
investigations for persons seeking employment as
peace officers. Under current law, DOJ is permitted
to charge a fee when CACI is accessed for employment
or licensing purposes pursuant to Penal Code Section
11170(b)(4). The permission to charge a fee for
employment purposes pursuant to Section 11170(b)(7),
which was inadvertently left out in SB 1313, will be
granted by this bill.
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5. Repeal of Penal Code Section 3085.1
This amendment was included at the request of the California
State Sheriffs' Association.
Existing law sets forth who should be on a county board of
parole commissioners including a public member appointed by the
presiding judge of the superior court. It also clearly allows
for an alternative public member. Existing law also provides
specifically that the presiding judge of the superior court of
Contra Costa County can appoint an alternative member to the
county board of parole commissioners. The law specific to
Contra Cost was enacted by SB 1062 (Mello) Chapter 624, Stats.
1989. The general provision allowing the appointment of an
alternate member was AB 2334 (Hansen) Chapter 82, Stats. 1992.
It appears as if when the general provision was enacted they
forgot to delete the specific section relating to Contra Costa
County even though that section was no longer necessary. This
bill deletes that unnecessary section.
6. Other changes
This bill also makes a number of technical and cross-referencing
changes.
7. Chaptering Language
As in past years, this bill contains language providing that if
this bill conflicts with another bill, the other bill will take
precedence, assuring that the technical changes in this bill
will not chapter out substantive proposals in other bills and
thus eliminates chaptering concerns about this bill.
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