BILL ANALYSIS �
SB 428
Page 1
SENATE THIRD READING
SB 428 (Strickland)
As Amended June 27, 2011
Majority vote
SENATE VOTE :39-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 16-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, |
| |Hagman, Hill, Mitchell, | |Blumenfield, Bradford, |
| |Skinner | |Charles Calderon, Campos, |
| | | |Donnelly, Gatto, Hall, |
| | | |Hill, Lara, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
| | | | |
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SUMMARY : Makes technical and corrective changes, as well as
non-controversial substantive changes, to various code sections
relating to criminal justice laws. Specifically, this bill :
1)Adds an inadvertently omitted cross-reference to an existing
provision of law relating to the dissemination of financial
records.
2)Clarifies that reimbursement to counties for homicide trials
after a change of venue was to apply prospectively from
January 1, 1990, rather than for cases predating that date.
3)Removes outdated legacy language referring to a reduction of
the court construction penalty based on the amount contributed
locally to the Transitional State Court Facilities
Construction Fund, which is non-existent.
4)Clarifies that the criminal court may obtain a thumbprint of a
defendant as early in the proceedings as if feasible in light
of local calendar management practices.
5)Adds an omitted cross-reference change to the statute relating
to the dismissal of charges after termination of probation
which was inadvertently chaptered out by one of two bills
enacting a non-substantive reorganization of the deadly weapon
SB 428
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statutes.
6)Clarifies that any infraction arising from a violation of a
local ordinance adopted pursuant to the Vehicle Code is
ineligible for expungement relief.
7)Allows the Commission of Peace Officer Standards and Training
(POST) to decline all or part of funds that California
Environmental Protection Agency (CalEPA) is directed to
disburse to them for training for environmental crimes.
8)Authorizes the spouse of a peace officer who has died in the
line of duty to purchase the deceased spouse's
department-issued firearm.
9)Makes technical corrections to various other code sections.
EXISTING LAW :
1)Regulates governmental access to financial records and
provides that the dissemination of records pursuant to
specified provisions shall not be prohibited.
2)Provides reimbursement to counties for homicide trials after a
change of venue "in cases in which a final judgment was
entered prior to January 1, 1990."
3)Provides that the amount of the court construction penalty may
be reduced by a county, as specified.
4)Requires all felony defendants to provide courts with right
thumbprints "immediately following the arraignment in superior
court."
5)Provides that specified misdemeanors and infractions arising
under the Vehicle Code are ineligible for expungement relief.
6)Directs CalEPA to provide the POST a portion of the Local
Environmental Enforcement and Training funds for the
development of environmental crimes training for peace
officers.
7)Authorizes a retired peace officer to purchase his or her
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department-issued firearm.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state and local costs.
COMMENTS : According to the author, "SB 428 is the annual public
safety omnibus bill. It makes technical and non-controversial
changes to laws affecting public safety. Like previous omnibus
bills, this bill requires consensus on all provisions or the
provision is removed."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0001717