BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1209|
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THIRD READING
Bill No: AB 1209
Author: Ma (D) and Hagman (R)
Amended: 8/17/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/14/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 78-0, 6/3/09 - See last page for vote
SUBJECT : Identification
SOURCE : Office of the Attorney General
DIGEST : This bill provides that an officer may book a
person arrested for a misdemeanor at the scene or at the
arresting agency.
Senate Floor Amendments of 8/17/09 add double-jointing
language.
ANALYSIS : Existing law states that except as otherwise
provided by law, in any case in which a person is arrested
for an offense declared to be an infraction, the person may
be released according to the procedures set forth by this
chapter for the release of persons arrested for an offense
declared to be a misdemeanor. In all cases, except as
specified in provisions of the Vehicle Code, in which a
person is arrested for an infraction, a peace officer shall
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only require the arrestee to present his/her driver's
license or other satisfactory evidence of his or her
identity for examination and to sign a written promise to
appear contained in a notice to appear. If the arrestee
does not have a driver's license or other satisfactory
evidence of identity in his/her possession, the officer may
require the arrestee to place a right thumbprint, or a left
thumbprint or fingerprint if the person has a missing or
disfigured right thumb, on the notice to appear. Except
for law enforcement purposes relating to the identity of
the arrestee, no person or entity may sell, give away,
allow the distribution of, include in a database, or
create a database with, this print. Only if the arrestee
refuses to sign a written promise, has no satisfactory
identification, or refuses to provide a thumbprint or
fingerprint, may the arrestee be taken into custody.
(Section 853.5 (a) of the Penal Code)
Existing law provides that a person contesting a charge by
claiming under penalty of perjury not to be the person
issued the notice to appear may choose to submit a right
thumbprint, or a left thumbprint if the person has a
missing or disfigured right thumb, to the issuing court
through his/her local law enforcement agency for comparison
with the one placed on the notice to appear. A local law
enforcement agency providing this service may charge the
requester no more than the actual costs. The issuing court
may refer the thumbprint submitted and the notice to appear
to the prosecuting attorney for comparison of the
thumbprints. When there is no thumbprint or fingerprint on
the notice to appear, or when the comparison of thumbprints
is inconclusive, the court shall refer the notice to appear
or copy thereof back to the issuing agency for further
investigation, unless the court finds that referral is not
in the interest of justice. (Section 853.5 (b) of the
Penal Code)
Existing law states in any case in which a person is
arrested for an offense declared to be a misdemeanor,
including a violation of any city or county ordinance, and
does not demand to be taken before a magistrate, that
person shall, instead of being taken before a magistrate,
be released according to the procedures, as specified. If
the person is released, the officer or his/her superior
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shall prepare in duplicate a written notice to appear in
court, containing the name and address of the person, the
offense charged, and the time when, and place where, the
person shall appear in court. If, pursuant to existing
law, the person is not released prior to being booked and
the officer in charge of the booking or his/her superior
determines that the person should be released, the officer
or his/her superior shall prepare a written notice to
appear in a court. (Section 853.6 (a) of the Penal Code)
Existing law provides that in any case in which a person is
arrested for a misdemeanor violation of a protective court
order involving domestic violence, as defined in existing
law, or arrested pursuant to a policy, as specified, the
person shall be taken before a magistrate instead of being
released according to the procedures set forth in this
chapter, unless the arresting officer determines that there
is not a reasonable likelihood that the offense will
continue or resume or that the safety of persons or
property would be imminently endangered by release of the
person arrested. Prior to adopting these provisions, each
city, county, or city and county shall develop a protocol
to assist officers to determine when arrest and release is
appropriate, rather than taking the arrested person before
a magistrate. The county shall establish a committee to
develop the protocol, consisting of, at a minimum, the
police chief or county sheriff within the jurisdiction, the
district attorney, county counsel, city attorney,
representatives from domestic violence shelters, domestic
violence councils, and other relevant community agencies.
Nothing in this provision shall be construed to affect a
defendant's ability to be released on bail or on his/her
own recognizance. (Section 853.6 (b) of the Penal Code)
Existing law provides that the officer may book the
arrested person prior to release or indicate on the
citation that the arrested person shall appear at the
arresting agency to be booked or indicate on the citation
that the arrested person shall appear at the arresting
agency to be fingerprinted prior to the date the arrested
person appears in court. (Section 853.6 (g) of the Penal
Code)
This bill provides that the officer may book the arrested
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person at the scene or at the arresting agency.
This bill is double-jointed with AB 688 (Eng-D).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/17/09)
Office of the Attorney General (source)
Association for Los Angeles Deputy Sheriffs
California Attorneys for Criminal Justice
California District Attorneys Association
California State Sheriffs' Association
Crime Victims United
Los Angeles County District Attorney's Office
Los Angeles County Sheriff's Department
Los Angeles Police Protective League
Riverside Sheriffs' Association
San Bernardino County Sheriff's Office
ARGUMENTS IN SUPPORT : According to the author:
"AB 1209 (Ma & Hagman) will allow law enforcement the
option to use mobile fingerprinting identification (ID)
devices to capture fingerprints in the field when
arrestees do not have proper ID or where the arrestee
voluntarily agrees to a field booking.
"Under current law, when a person is arrested for an
infraction or misdemeanor, law enforcement officers are
required to verify a person's ID through a driver's
license or other satisfactory evidence for citation
purposes.
"Additionally, when arrestees are cited and released for
certain offenses, they are required to appear at a later
date for booking and fingerprinting.
"So long as the arresting officer determines that the
arrestee will not continue to endanger the public, an
arrestee, with proper identification, is cited, released,
and agrees to appear in court at a later date for booking
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and fingerprinting, instead of being transported to a
facility to be booked.
"When an arrestee does not have proper ID, the arrestee
provides fingerprints on the citation, agrees to appear
in court and is then released. The arrestee must arrange
to provide preliminary fingerprints before court
arraignment.
"Only when an arrestee fails to have proper ID, refuses
to sign a promise to appear in court and to provide
fingerprints may the arrestee be taken into custody.
"When an arrestee does not provide proper initial ID or
fingerprints, there is no quick and accurate way of
verifying the information. Rather, an officer must
transport the individual to a police station where
fingerprints are submitted on a LiveScan machine in order
to ensure their identity. While this data is speedy and
precise, the process still requires the officer to be
pulled away from patrolling the streets.
"In addition, when an arrestee provides fingerprints on
their citation and agrees to provide more prints at a
later date before arraignment, many fail to appear in
court, preventing the court and law enforcement from
having adequate prints for identification and warrants.
"In a time when more local budgets are being cut, it's
important that we try to keep law enforcement on the
street, instead of behind desks.
"AB 1209 will provide law enforcement and prosecutors a
better tool to obtain more accurate information while
saving time.
"AB 1209 will likely help to reduce failures-to-appear,
and provide the court with enough identification of
individuals who fail to appear for the purpose of
authorizing arrest warrants.
"AB 1209 will also save the arrestee time from scheduling
and transporting to an arresting agency just to be
booked.
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"AB 1209 does not change current law that prohibits the
release of fingerprint information to non-authorized
sources. AB 1209 simply provides law enforcement the
option to use accurate technology to save time and fight
crime."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Bass
NO VOTE RECORDED: Block, Yamada
RJG:mw 8/18/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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