BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 428
Author: Strickland (R)
Amended: 8/18/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 5/3/11
AYES: Hancock, Calderon, Harman, Liu, Price, Steinberg
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SENATE FLOOR : 39-0, 6/2/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 78-0, 8/22/11 - See last page for vote
SUBJECT : Lesters Law of 2011
SOURCE : Various Sources
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DIGEST : This bill enacts Lesters Law which makes
technical and corrective changes to various code sections
relating generally to criminal justice laws, as specified.
Assembly Amendments (1) delete technical amendment to
Section 1181 and Section 1387, of the Penal Code; (2)
delete changes making it a misdemeanor to possess specified
items with felonious intent; (3) delete the expansion of
authorization for the Department of Justice to provide
subsequent state or federal arrest notification to relative
caregivers; and (4) delete provisions prohibiting the
towing of a person while that person is on a tricycle,
wheeled shoes or a skateboard.
ANALYSIS : 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 the California Environmental Protection Agency
(CalEPA) to provide the Peace Officer Standards and
Training (POST) a portion of the Local Environmental
Enforcement and Training funds for the development of
environmental crimes training for peace officers.
This bill makes technical and corrective changes, as well
as non-controversial substantive changes, to various code
sections relating to criminal justice laws. Specifically,
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this bill:
1. Enacts Lester's Law of 2011 to honor the more than 40
years of Legislative service of Lester (Les) Kleinberg.
It was during his tenure as a consultant with the Senate
Judiciary Committee prior to it splitting into two
different committees ( Senate Public Safety) that Lester
originated the Omnibus Committee bill in order to reduce
the number of bills introduced by placing all technical
and corrective changes to various code sections relating
general to judiciary and criminal justice laws.
2. Adds an inadvertently omitted cross-reference to an
existing provision of law relating to the dissemination
of financial records.
3. 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.
4. 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.
5. 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.
6. 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 statutes.
7. Clarifies that any infraction arising from a violation
of a local ordinance adopted pursuant to the Vehicle
Code is ineligible for expungement relief.
8. Allows the Commission of POST to decline all or part of
funds that CalEPA is directed to disburse to them for
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training for environmental crimes.
9. Makes technical corrections to various other code
sections.
Comments
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, 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.
There is no opposition by any member of the Legislature
or recognized group to the proposal.
This procedure has allowed for introduction of fewer minor
bills and has saved the Legislature time and expense over
the years.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Reallocation of POST Up to
$100 annually; no net impact General**
funds to CalEPA appropriation of funds
**Environmental Enforcement and Training Account
SUPPORT : (Verified 8/22/11)
Judicial Council
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Peace Officers Standards and Training
ASSEMBLY FLOOR : 78-0, 8/22/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Furutani, Gorell
RJG:do 8/24/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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