BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  SB 1107|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 445-6614         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 1107
          Author:   Senate Public Safety Committee
          Amended:  4/18/05
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE :  6-0, 4/26/05
          AYES:  Alquist, Poochigian, Cedillo, Margett, Migden,  
            Romero
          NO VOTE RECORDED:  Perata

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 05/09/05
          AYES:  Migden, Aanestad, Alquist, Florez, Ortiz,  
            Poochigian, Speier
          NO VOTE RECORDED:  Ashburn, Battin, Bowen, Dutton, Escutia,  
            Murray


           SUBJECT  :    Public safety:  omnibus bill

           SOURCE  :     Senate Public Safety Committee


           DIGEST  :    This bill makes technical changes and  
          corrections to specified Penal Code provisions.

           ANALYSIS  :    

          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.  

          This bill changes that reference to "prosecutor" since city  
                                                           CONTINUED





                                                               SB 1107
                                                                Page  
          2

          attorneys also prosecute these cases.

          Existing law sets forth when a search warrant may be  
          issued.

          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.

          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.

          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.

          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 financial institution.

          Existing law regulates the reporting of child abuse by  
          mandate reporters.

          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.


                                                           CONTINUED





                                                               SB 1107
                                                                Page  
          3

          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
           
          The annual omnibus bill is introduced by all Members of the  
          Committee with the following understanding:

          1.  Its provisions make only technical or minor changes to  
          the law.

          2.  There is no opposition by any recognized group to the  
          proposal.

          3.  If any Member of the Committee has a concern about one  
            of its provisions, that provisions will be deleted.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

                          Fiscal Impact (in thousands)

           Major Provisions             2005-06             2006-07          
              2007-08          Fund  

          Fees for CACI checks    $82.5**                $103**       
          $103**                         Special*
          _____
          *Department of Justice Sexual Habitual Offender Fund
          **Fully offset by fees paid by law enforcement employers


          RJG:do  5/16/05   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

                                ****  END  ****






                                                           CONTINUED