BILL NUMBER: SB 175 AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 16, 1999 AMENDED IN ASSEMBLY JULY 7, 1999 AMENDED IN SENATE MAY 17, 1999 AMENDED IN SENATE APRIL 14, 1999 INTRODUCED BY Senator Rainey(Coauthors: Senators McPherson, Polanco, and Vasconcellos)(Coauthor: Senator McPherson) JANUARY 12, 1999 An act to add Section 11112.5 to, and to add and repeal Chapter 10.4 (commencing with Section 13895) of Title 6 of Part 4 of, the Penal Code, and to amend Section 12805 of the Vehicle Code, relating to warrants, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 175, as amended, Rainey. Warrants. (1) Existing law empowers the Office of Criminal Justice Planning (OCJP) to, among other things, define, develop, and correlate programs and projects for the state criminal justice agencies.Existing law establishes the California Law Enforcement Telecommunications System (CLETS) which makes records maintained by the Department of Justice accessible to, among others, law enforcement agencies.This bill would establish in OCJP the Service of Arrest Warrants Pilot Program, a 3-year pilot program, to provide financial and technical assistance to local law enforcement agencies in the City and County of San Francisco and the Counties of Contra Costa and San Bernardino for the purpose of assisting in the apprehension of persons with outstanding arrest warrants. The bill would require: (a) the executive director of OCJP to prepare and issue administrative and procedural guidelines for the operation of the program; (b) the agencies receiving funds under this program to submit a specified report to OCJP one year after receipt of grant funds and annually thereafter; and (c) OCJP to report to the fiscal committees of the Legislature no later than January 1 following the year in which OCJP has received any report from an agency, as specified.This bill would require the Department of Justice to transmit to the Department of Motor Vehicles records of all felony and misdemeanor warrants entered in CLETS by law enforcement agencies pursuant to this bill. (2) Existing law establishes a number of specified conditions that, when applied to any person, prohibits the Department of Motor Vehicles from issuing a driver's license to, or renewing the driver's license of, that person. This bill would include among these conditions the possession of an outstanding arrest warrant. (3)(2) The bill would appropriate $1,500,000 from the General Fund to the Office of Criminal Justice Planning for expenditures in support of the Service of Arrest Warrants Pilot Program. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:SECTION 1. Section 11112.5 is added to the Penal Code, to read: 11112.5. The Department of Justice shall transmit to the Department of Motor Vehicles records of all felony and misdemeanor warrants entered in the California Law Enforcement Telecommunications System by law enforcement agencies pursuant to paragraph (1) of subdivision (c) of Section 13896. SEC. 2.SECTION 1. Chapter 10.4 (commencing with Section 13895) is added to Title 6 of Part 4 of the Penal Code, to read: CHAPTER 10.4. SERVICE OF ARREST WARRANTS PILOT PROGRAM 13895. The Legislature finds and declares that the apprehension of persons with outstanding arrest warrants is vital to the protection of the public safety and the maintenance of the criminal justice system. The Legislature further finds that the prevalent law enforcement "chance encounter" strategy has not been effective in reducing the backlog of arrest and bench warrants statewide. According to the Board of Corrections' estimates, there were 2,595,335 unserved warrants at the end of 1998. The Legislature further finds and declares that the ability of persons who have arrest warrants pending against them to evade apprehension undermines respect for the criminal justice system and places public safety at risk. In enacting this chapter, it is the intent of the Legislature to determine whether increasing financial resources, providing technical assistance, and promoting innovative practices can reduce or eliminate the backlog of arrest warrants and reduce crime in jurisdictions that receive this assistance. 13896. (a) There is hereby established in the Office of Criminal Justice planning (OCJP) a pilot program of financial and technical assistance for local law enforcement agencies to assist in the apprehension of persons with outstanding arrest warrants. (b) The Office of Criminal Justice Planning shall, to the extent that funds are made available for this purpose, distribute funds to the City and County of San Francisco, and to the Counties of Contra Costa and San Bernardino. These funds shall be distributed to the San Francisco Police Department and to the county sheriffs' departments of the Counties of Contra Costa and San Bernardino to be used for the hiring of personnel and the development of policies to reduce or eliminate the backlog of arrest warrants. As used in this section "arrest warrants" includes bench warrants. (c) The executive director of OCJP shall prepare and issue administrative guidelines and procedures for the Service of Arrest Warrants Pilot Program. The guidelines do not constitute rules, regulations, orders, or standards of general application. These guidelines shall, at a minimum, do all of the following: (1) Require law enforcement agencies receiving funds to log all felony and misdemeanor warrants to the Department of Justice's California Law Enforcement Telecommunications System. (2) Require law enforcement agencies receiving funds under this program to collaborate with other public agencies, including law enforcement agencies in neighboring jurisdictions, county probation departments, social service agencies, and the state Department of Motor Vehicles, to develop innovative approaches to apprehend persons with outstanding arrest warrants. (3) Require that funds received under this chapter supplement, rather than supplant, current expenditures. (d) Agencies receiving funding under this program shall report to OCJP one year after the receipt of grant funds, and annually thereafter, on the effectiveness of the grant in supporting their efforts to apprehend persons with outstanding arrest warrants, reducing or eliminating the backlog of outstanding arrest warrants, and reducing crime. (e) The Office of Criminal Justice Planning shall report to the fiscal committees of the Legislature no later than January 1 following the year in which it has received any report from an agency required by this section, evaluating the effectiveness of the grant program. (f) Of the total funds appropriated for the purposes of implementing the program established pursuant to this chapter, OCJP may spend up to 5 percent on administrative costs. (g) This section shall remain in effect only until January 1, 2003, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2003, deletes or extends that date.SEC. 3. Section 12805 of the Vehicle Code is amended to read: 12805. The department shall not issue a driver's license to, or renew a driver's license of, any person: (a) Who is not of legal age to receive a driver's license. (b) Who is unable, as shown by examination, to understand traffic signs or signals or who does not have a reasonable knowledge of the provisions of this code governing the operations of vehicles upon the highways. (c) When it is determined, by examination or other evidence, that the person is unable to safely operate a motor vehicle upon a highway. (d) Who is unable to read and understand simple English used in highway traffic and directional signs. This subdivision does not apply to any person holding an operator's or chauffeur's license issued by this state and valid on September 11, 1957. (e) Who holds a valid driver's license issued by a foreign jurisdiction unless the license has been surrendered to the department, or is lost or destroyed. (f) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, and that license has been suspended by reason, in whole or in part, of a conviction of a traffic violation until the suspension period has terminated, except that the department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was suspended by a state which is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6. (g) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, and that license has been revoked by reason, in whole or in part, of a conviction of a traffic violation, until the revocation has been terminated or after the expiration of one year from the date the license was revoked, whichever occurs first, except that the department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was revoked by a state which is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6. (h) Who has an outstanding arrest warrant. SEC. 4.SEC. 2. The sum of one million five hundred thousand dollars ($1,500,000) is hereby appropriated from the General Fund to the Office of Criminal Justice Planning for expenditures in support of the Service of Arrest Warrants Pilot Program.