BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2011-2012 Regular Session B
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SB 428 (Strickland)
As Amended April 27, 2011
Hearing date: May 3, 2011
Government Code; Penal Code;
Public Contract Code; Vehicle Code
MK:dl
PUBLIC SAFETY OMNIBUS BILL
HISTORY
Source: Various
Prior Legislation: SB 1062 (Strickland) - Ch. 708, Stats. 2010
SB 174 (Strickland) - Ch. 35, Stats. 2009
SB 1241 (Margett) - Ch. 699, Stats. 2008
SB 425 (Margett) - Ch. 302, Stats. 2007
SB 1422 (Margett) - Ch. 901, Stats. 2006
SB 1107 (Senate Committee on Public Safety) - Ch.
279, Stats. 2005
SB 1796 (Senate Committee on Public Safety) - Ch.
405, Stats. 2004
SB 851 (Senate Committee on Public Safety) - Ch.
468, Stats. 2003
SB 1852 (Senate Committee on Public Safety) - Ch.
545, Stats. 2002
SB 485 (Senate Committee on Public Safety) - Ch.
473, Stats. 2001
SB 832 (Senate Committee on Public Safety) - Ch.
853, Stats. 1999
SB 1880 (Senate Committee on Public Safety) - Ch.
606, Stats. 1998
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Support: Unknown
Opposition:None known
KEY ISSUE
SHOULD TECHNICAL AND CORRECTIVE CHANGES BE MADE IN VARIOUS CODE
SECTIONS RELATING GENERALLY TO CRIMINAL JUSTICE LAWS, AS SPECIFIED?
PURPOSE
The purpose of this bill is to make technical and corrective
changes to various code sections relating generally to criminal
justice laws, as specified.
Existing law requires trial courts to mail certain documents,
including transcripts of plea and sentencing proceedings, to
authorities of the Department of Corrections and Rehabilitation
(CDCR) within 60 days of pronouncement of judgment in felony
cases resulting in commitments to CDCR institutions. (Penal Code
� 1203.1)
This bill would instead require the court, within 60 days after
judgment has been pronounced only in life, life without parole
and death cases, to mail a copy of the charging documents, a
copy of the waiver and plea forms, the transcript of the
proceedings at the time of the defendant's guilty or no contest
plea, if the defendant pleaded guilty of no contest, and the
transcript of the proceedings at the time of sentencing to CDCR.
In all other cases, courts will provide this information upon
CDCR request on a case-by-case basis.
Existing law directs CalEPA to provide the Commission on Peace
Officers Standards and Training (POST) a portion of the Local
Environmental Enforcement and Training for the development of
environmental crimes training for peace officers. (Penal Code �
14314)
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This bill would allow POST to decline all or part of the funds.
Existing law authorizes a peace officer who retires to purchase
his or her department issued handgun. (Public Contract Code �
10334)
This bill would authorize the spouse of a peace officer, who has
died in the line of duty, to purchase their deceased spouse's
department issued firearm.
Existing law prohibits a person from driving a motor vehicle to
tow a person on a motorcycle, motorized bicycle, bicycle,
coaster, roller skates, sled or toy vehicle or for a person on
such a vehicle to be towed by a motor vehicle. (Vehicle Code
��21203; 21712)
This bill would also prohibit the towing of a person on or being
towed while on a tricycle, four-wheeled cycle, surrey, roller
skis, wheeled shoes, skateboard, or scooter.
This bill makes a number of technical amendments to various code
sections.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation.
As these cases have progressed, prison conditions have
continued to be assailed, and the scrutiny of the federal courts
over California's prisons has intensified.
On June 30, 2005, in a class action lawsuit filed four years
earlier, the United States District Court for the Northern
District of California established a Receivership to take
control of the delivery of medical services to all California
state prisoners confined by the California Department of
Corrections and Rehabilitation ("CDCR"). In December of 2006,
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plaintiffs in two federal lawsuits against CDCR sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
three-judge federal panel issued an order requiring California
to reduce its inmate population to 137.5 percent of design
capacity -- a reduction at that time of roughly 40,000 inmates
-- within two years. The court stayed implementation of its
ruling pending the state's appeal to the U.S. Supreme Court.
On Monday, June 14, 2010, the U.S. Supreme Court agreed to hear
the state's appeal of this order and, on Tuesday, November 30,
2010, the Court heard oral arguments. A decision is expected as
early as this spring.
In response to the unresolved prison capacity crisis, in early
2007 the Senate Committee on Public Safety began holding
legislative proposals which could further exacerbate prison
overcrowding through new or expanded felony prosecutions.
This bill does not appear to aggravate the prison overcrowding
crisis described above.
COMMENTS
1. Purpose of This Bill
This is the annual omnibus bill. In past years, the omnibus
bill has been introduced by all members of the Committee on
Public Safety. This year, like last 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:
The bill's provisions make only technical or minor
changes to the law; and
There is no opposition by any member of the Legislature
or recognized group to the proposal.
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This procedure has allowed for introduction of fewer minor bills
and has saved the Legislature time and expense over the years.
2. Changes to When the Court Sends Transcripts
Penal Code section 1203.01 currently requires trial courts to
mail certain documents, including transcripts of plea and
sentencing proceedings, to authorities of the Department of
Corrections and Rehabilitation within 60 days of pronouncement
of judgment in felony cases resulting in commitments to CDCR
institutions. Courts have struggled for decades to comply with
these requirements, and it has become even more difficult in
these challenging fiscal times. Because the provision has been
in effect for more than 30 years, and in this time of continuing
resource reductions, the trial courts asked the Administrative
Office of the Courts to collaborate with CDCR to revisit the
purpose of the transcript, and to update this provision if
possible to reduce the administrative and fiscal impact the
current statutory requirement has on the courts.
This change, as requested by Judicial Council, will amend Penal
Code section 1203.01 to narrow requirements for court
transmittal of sentencing transcripts to CDCR to require the
court, within 60 days after judgment has been pronounced only in
life, life without parole, and death cases, to mail a copy of
the charging documents, a copy of waiver and plea forms, if any,
the transcript of the proceedings at the time of the defendant's
guilty or no contest plea, if the defendant pleaded guilty or no
contest, and the transcript of the proceedings at the time of
sentencing, to CDCR. In all other cases, courts will provide
this information upon CDCR request on a case-by-case basis.
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3. POST Funds for Environmental Enforcement
Penal Code 14314 directs CalEPA to provide the Commission on
POST a portion of the Local Environmental Enforcement and
Training account for the development of environmental crimes
training for peace officers. The proposed amendment would allow
the POST Commission to decline all or part of the funds, and
those funds will be available for use by any of the entities
listed in the title, including CalEPA and CDAA, for the training
of peace officers in environmental crimes. The amendment will
give POST the flexibility in determining whether there is a need
to update or develop new environmental crimes training and
whether sufficient funds are available to accommodate this. It
would also give CalEPA and CDAA the ability to provide
reimbursement to attendees for environmental crimes seminars and
training conferences, something POST cannot do.
According to POST, at this time, there is no unmet training
need. POST has delivered 1,600 copies of the Environmental
Crimes training video to the field, 2,143 students have
completed the self-paced course, and a classroom course is being
presented through San Diego Regional Training Center starting in
February 2011. The amount of the grant varies, depending on the
fines allocated to the account by prosecutors, and the amount
allocated to POST has steadily decreased. From 2005 to 2007
POST received $100,000 annually, $32,000 in 2008, $72,000 in
2009, and will receive $17,557 for FY 10/11. CalEPA staff has
predicted the amount to remain at this level or lower for the
next two to three years. However, the cost of producing a
training video is $116,000 and the cost to develop a self-paced
course is $250,000. The change in PC14314 would allow POST to
keep its resources focused in areas that are consistent with the
priorities and needs of POST-participating agencies.
4. Allow Purchase of Handgun by Spouse of Deceased Officer
This bill specifically authorizes the spouse of a deceased
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officer to purchase his or her spouse's state issued handgun.
This provision is needed to authorize the spouse of a state
peace officer that has died in the line-of-duty to purchase his
or her spouse's departmental issued handgun. Numerous spouses
have asked to purchase the handgun of their deceased state peace
officer spouse after they have died in the line-of-duty as a
token of remembrance. Unfortunately, current law does not
authorize a state law enforcement agency head to do this. This
provision would simply give state law enforcement agency heads
the authority to allow this handgun purchase. CHP reports this
change would not abrogate any existing handgun transfer
requirements.
5. Towing a Person on a Vehicle
Vehicle Code Sections 21203 and 21712 prohibit a person from
towing, and from being towed by a vehicle on, a person riding a
bicycle, a coaster, and various other devices, but does not
include skateboards or scooters. There is a very limited
authority as to what constitutes a "coaster," but it appears to
refer primarily to a wagon or sled. The terms in the bill are
archaic and do not cover the types of non-motor vehicles used
today.
An individual riding a skateboard being towed by a vehicle was
recently killed in Ventura County when the wheel of the vehicle
hit the skateboard and ejected the rider. Similar deaths have
occurred in other areas of the state. Towing a skateboard or
scooter is as dangerous as towing the other devices listed in
the section and should be prohibited.
6. Technical Amendments
This bill makes a number of technical or clarifying amendments
to various sections.
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