BILL ANALYSIS
AB 1209
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1209 (Ma and Hagman)
As Amended August 17, 2009
Majority vote
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|ASSEMBLY: |78-0 |(June 3, 2009) |SENATE: |39-0 |(August 24, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Authorizes an officer to book an arrested person at
the scene or at the arresting agency prior to being cited and
released, as specified.
The Senate amendments make enactment of the provisions of this
contingent on the prior enactment of AB 688(Eng).
AS PASSED BY THE ASSEMBLY , this was substantially similar to the
version passed by the Senate.
FISCAL EFFECT : None
EXISTING LAW :
1)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 only require the arrestee to present his or 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 or 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.
AB 1209
Page 2
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.
2)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 or 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.
3)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
or her superior 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 or her
superior determines that the person should be released, the
officer or his or her superior shall prepare a written notice
to appear in a court.
4)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
AB 1209
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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 or her own recognizance.
COMMENTS : According to the author, "Under current law, when a
person is arrested for an infraction or misdemeanor, law
enforcement officers are required to verify a person's
identification (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 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 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. AB 1209 will provide law
enforcement and prosecutors a better tool to obtain more
accurate information while saving time."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0002382