BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 174|
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THIRD READING
Bill No: SB 174
Author: Strickland (R)
Amended: 5/13/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/28/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Public safety: omnibus bill
SOURCE : California District Attorneys Association
DIGEST : This bill makes technical and corrective changes
to various code sections relating generally to criminal
justice laws, as specified.
NOTE: This is the annual omnibus bill. In past years, the
omnibus bill has been introduced by all members of the
Senate Public Safety Committee. This year, Senator
Strickland is carrying the bill. This bill is similar to
the ones introduced as Committee bills in the past, in that
it has been introduced with the following understanding:
1.The bill's provisions make only technical or minor
changes to the law.
2.There is no opposition by any member of the Legislature
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or recognized group to the proposal.
ANALYSIS : Existing law provides that a person shall not
engage in specified transactions relating to explosives
without having received a permit from the appropriate
issuing authority. The authority shall inquire with the
Department of Justice (DOJ) for a determination of whether
the applicant meets specified criteria and should be
granted or denied a permit. DOJ shall not disclose the
contents of a person's records to any unauthorized person.
This bill provides that if an applicant becomes ineligible
to hold a permit, DOJ shall provide to the issuing
authority any subsequent arrest and conviction information
supporting that ineligibility.
Existing law, the Sex Offender Registration Act, provides
that every person who is required to register as a sex
offender who is living as a transient is required to
register for the rest of his or her life, as specified.
Any person required to register under the act who willfully
violates any requirement of the act is guilty of a
misdemeanor or a felony, as specified.
This bill provides that if a transient convicted as a sex
offender in another jurisdiction enters the state, he or
she shall register within five working days of coming into
California with the chief of the police of the city in
which he or she is present or the sheriff of the county if
he or she is present in an unincorporated area or city that
has no police department.
Existing law requires DOJ to make reports to the
Legislature regarding specified provisions of the Sex
Offender Registration Act.
This bill deletes those reporting provisions.
Existing law specifies persons who are peace officers whose
authority extends to any place in the state.
This bill states that the Chief Assistant Inspector
General, Deputy Inspector General In Charge, Senior
Assistant Inspector General, and Special Assistant
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Inspector General are included within the group of persons
who are peace officers whose authority extends to any place
in the state.
Existing law includes a county jail within the term
treatment facility for purposes of administering
antipsychotic medication pursuant to a court order, as
specified. Under existing law, that provision is repealed
as of January 1, 2010, unless another statute deletes or
extends that date.
This bill extends that date to January 1, 2015.
Existing law establishes the Office of the Inspector
General for the purpose of conducting audits and
investigations of the Department of Corrections and
Rehabilitation (DCR), as specified. Under existing law,
DCR is required to establish a certification program for
investigators under the jurisdiction of the Inspector
General, in consultation with the Commission on
Correctional Peace Officer Standards and Training (CCPOST)
and the Inspector General, as specified. Existing law
generally regulates the employment requirements and
training requirements for investigators under the
jurisdiction of the Office of the Inspector General.
This bill, instead, requires the Inspector General to
establish a certification program for peace officers under
the jurisdiction of the Inspector General. This bill
requires that training course to be consistent with the
standard course used by CCPOST, as specified. This bill
also requires peace offices under the jurisdiction of the
Inspector General who conduct investigations for the
Inspector General to complete an investigation training
consistent with standard courses used by other major law
enforcement investigative offices, as specified. This bill
requires all peace officers under the jurisdiction of the
Inspector General to successfully pass a psychological
screening exam before becoming employed with the Office of
the Inspector General, as specified.
Existing law excludes certain books, papers, records, and
correspondence of the Office of the Inspector General from
disclosure requirements for public records. Exiting law
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also excludes those books, papers, records, and
correspondence from the requirements of certain civil
subpoenas, as specified.
This bill, in addition, excludes any papers,
correspondence, memoranda, electronic communications, or
other documents pertaining to contemporaneous public
oversight by the Inspector General from those requirements.
This bill also excludes all of the specified books,
papers, records, and correspondence from the disclosure
requirements relating to proceedings relating to an adverse
action taken against a state civil servant, as specified.
This bill also makes various technical, nonsubstantive, and
clarifying changes to provisions related to the Office of
the Inspector General, as specified.
Existing law requires a person applying to be a fingerprint
roller to have his or her application notarized.
This bill deletes this requirement.
Existing law requires the DOJ to provide to the Governor a
printed annual report containing criminal statistics, as
specified.
This bill deletes the requirement that the report be
printed.
Existing law authorizes a person to make a deposit and
declare his or her intent to plead not guilty to an
infraction for which the person has received a written
notice to appear, as specified.
This bill states that a deposit of bail made pursuant to
that provision does not constitute entry of a plea or a
court appearance and that the plea must be made in court at
the time of arraignment.
Existing law generally regulates public safety.
This bill makes various technical, nonsubstantive, and
clarifying changes to provisions related to, among other
things, junk dealers, real estate fraud, sex offenders and
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their victims, criminal offender records and juvenile
police records, and weapons.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/19/09)
California District Attorneys Association
RJG:cm 5/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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