BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2013-2014 Regular Session B
1
4
6
SB 1461 (Committee on Public Safety) 1
As Amended April 21, 2014
Hearing date: April 29, 2014
Corporations; Family; Fish and Game;
Government; Harbors and Navigation;
Health and Safety; and Welfare and Institutions Codes
MK:mc
COMMITTEE ON PUBLIC SAFETY OMNIBUS
HISTORY
Source: Various
Prior Legislation: SB 514 (Committee on Public Safety) - Ch. 59,
Stats. 2013
SB 1144 (Strickland) - Ch. 867, Stats. 2012
SB 428 (Strickland) - Ch. 304, Stats. 2011
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 (Committee on Public Safety) - Ch. 279,
Stats. 2005
SB 1796 (Committee on Public Safety) - Ch. 405,
Stats. 2004
SB 851 (Committee on Public Safety) - Ch. 468,
Stats. 2003
SB 1852 (Committee on Public Safety) - Ch. 545,
Stats. 2002
SB 485 (Committee on Public Safety) - Ch. 473,
Stats. 2001
(More)
SB 1461 (Committee on Public Safety)
Page 2
SB 832 (Committee on Public Safety) - Ch. 853,
Stats. 1999
SB 1880 (Committee on Public Safety) - Ch. 606,
Stats. 1998
Support: California State Sheriffs' Association
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 provides that the Compact Administrator of
California's participation in the Interstate Compact for
juveniles is the executive director of the Corrections Standards
Authority. (Welfare and Institutions Code � 1403.)
This bill provides instead that the Compact Administrator is the
Secretary of the California Department of Corrections and
Rehabilitation, or his or her designee.
Existing law provides that the Attorney General's California Law
Enforcement Telecommunications System (CLETS) Advisory Committee
shall include, among others, one representative from the
Department of General Services. (Government Code � 15155.)
(More)
SB 1461 (Committee on Public Safety)
Page 3
Existing law provides that no person shall operate a personal
watercraft at any time between the hours from sunset to sunrise.
(Harbors and Navigation Code � 655.7.)
This bill clarifies that this prohibition does not apply to
marine patrol, harbor police or emergency personnel in
performance of their duties.
This bill replaces that representative with a representative
from the California Office of Emergency Services.
Existing law is not clear what the "catch-all" fine for an
infraction is.
This bill clarifies that when another punishment is not stated,
the catch-all fine for an infraction is $250.
This bill makes a number of cross-reference and technical
changes in the Corporation Code, Health and Safety Code, Fish
and Game Code, Penal Code and Welfare and Institutions Code.
COMMENTS
1. Purpose of This Bill
(More)
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 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.
This procedure has allowed for introduction of fewer minor bills
and has saved the Legislature time and expense over the years
2. Interstate Compact for Juveniles
Welfare and Institutions Code section 1403 currently designates
the executive director of the Corrections Standards Authority to
be the Compact Administrator over California's participation in
the Interstate Compact for Juveniles. This designation was made
when the newly amended and ratified Interstate Compact for
Juveniles was adopted and codified into California law in
AB 1053 (Chapter 268, 2009). Although the Compact Administrator
was designated as such, the day-to-day operations have
historically been conducted by CDCR. Moreover, in the budget
act of 2011-2012, the Corrections Standards Authority was
re-created as the Board of State and Community Corrections, an
entity separate and independent of CDCR. Returning the Compact
Administrator designation to CDCR will conform statute to
current practice, as well as provide for sustainable oversight
and fulfillment of ICJ responsibilities, and be in the best
interests of the supervision of juvenile offenders and the
public safety of the compacting states.
3. Extra Comma in Penal Code Section 311.11
According to the author (Pavley), SB 145 (Chapter 777, Statutes
of 2013) was intended to mirror Federal Sentencing Guideline
language, U.S.S.G. 2G2.2, which says "Each photograph, picture,
(More)
SB 1461 (Committee on Public Safety)
Page 5
computer or computer-generated image, or any similar visual
depiction shall be considered to be one image."
When Penal Code Section 311.11 in SB 145 was drafted, a comma
was inadvertently placed between "computer" and "or
computer-generated image." The intent of U.S.S.G. 2G2.2, and
SB 145, was to have the terms "computer" and
"computer-generated" modify the word "image". In order to do
that, the comma after "computer" must be removed.
4. CLETS Advisory Committee
Government Code section 15155 details the membership of the
Attorney General's California Law Enforcement Telecommunications
System (CLETS) Advisory Committee. Subsection seven mandates a
representative from the Department of General Services (DGS).
The DGS no longer organizationally houses the relevant
telecommunications unit expertise that initiated membership at
the statute's origin in 1965. Given the Executive Branch
reorganization that took effect July 2013, the relevant unit is
now domiciled within the California Office of Emergency
Services.
5. Operating a Personal Watercraft After Sundown
Existing law (Harbors and Navigation Code Section 655.7)
generally governs the use of personal watercraft (PWC).
Specifically, HNC Section 655.7(d) provides that no person shall
operate a personal watercraft at any time between the hours from
sunset to sunrise. Marine patrols statewide use PWC for
patrolling and rescues, but if they do so between sunset and
sunrise, technically, they are violating the law. Participants
in races, professional exhibitions, or other sanctioned events
are exempt from the operational requirements of HNC Section
SB 1461 (Committee on Public Safety)
Page 6
655.7, but no such exemption exists for law enforcement or
emergency personnel. This bill clearly exempts law enforcement
and emergency personnel from this prohibition.
6. Technical Changes
This bill also makes a number of technical and cross-reference
changes.
***************