Existing law, under specified circumstances, requires an officer or his or her superior to prepare in duplicate a written notice for an arrested person to appear in court. Existing law requires that when an officer or the prosecuting attorney has filed the notice to appear with the court, an exact and legible duplicate copy of the notice, in lieu of a verified complaint, constitutes a complaint to which the defendant may plead guilty or nolo contendere.

This bill would provide that, if the notice to appear issued to and signed by the arrested person is being transmitted in electronic form, the copy of the notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.

Existing law, under specified circumstances, requires an officer or his or her superior to prepare in duplicate a written notice for an arrested person to appear in court. Existing law requires that when an officer or the prosecuting attorney has filed the notice to appear with the court, an exact and legible duplicate copy of the notice, in lieu of a verified complaint, constitutes a complaint to which the defendant may plead guilty or nolo contendere.

This bill would provide that, if the notice to appear issued to and signed by the arrested person is being transmitted in electronic form, the copy of the notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.

Existing law, under specified circumstances, requires an officer or his or her superior to prepare in duplicate a written notice for an arrested person to appear in court. Existing law requires that when an officer or the prosecuting attorney has filed the notice to appear with the court, an exact and legible duplicate copy of the notice, in lieu of a verified complaint, constitutes a complaint to which the defendant may plead guilty or nolo contendere.

This bill would provide that, if the notice to appear issued to and signed by the arrested person is being transmitted in electronic form, the copy of the notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.

Existing law, under specified circumstances, requires an officer or his or her superior to prepare in duplicate a written notice for an arrested person to appear in court. Existing law requires that when an officer or the prosecuting attorney has filed the notice to appear with the court, an exact and legible duplicate copy of the notice, in lieu of a verified complaint, constitutes a complaint to which the defendant may plead guilty or nolo contendere.

This bill would provide that, if the citation notice to appear issued to the arrested person is being transmitted in electronic form, the copy of the citation notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.

Existing law, under specified circumstances, requires an officer or his or her superior to prepare in duplicate a written notice for an arrested person to appear in court. Existing law requires that when an officer or the prosecuting attorney has filed the notice to appear with the court, an exact and legible duplicate copy of the notice, in lieu of a verified complaint, constitutes a complaint to which the defendant may plead guilty or nolo contendere.

This bill would provide that, if the citation issued to the arrested person is being transmitted in electronic form, the copy of the citation issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1927

Author:(Lackey)

As Amended Ver:May 17, 2016

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Specifies that if the notice to appear in court (citation) is being transmitted in electronic form, the copy of the notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.

The Senate amendments clarify that the notice to appear being transmitted in electronic form must be signed by the arrestee, even if the copy of the notice to appear given to the arrestee does not include a signature.

EXISTING LAW:

1. Whenever written notice to appear has been prepared, delivered, and filed by an officer or the prosecuting attorney with the court pursuant to the provisions of Penal Code Section 853.6, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead "guilty" or "nolo contendere."
2. If, however, the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear.
3. Notwithstanding the provisions of subdivision (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.
4. Specifies that when a person is arrested for misdemeanor, and does not demand to be taken before a magistrate, that person shall be released with a citation, as specified.
5. States that if the person is released with a citation, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court.
6. Specifies that unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the judge.
7. Requires the officer to deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear.
8. Requires the officer, as soon as practicable, to file the duplicate notice, as specified.
9. States that a criminal prosecution may be commenced by filing an accusatory pleading in electronic form with the judge or in a court having authority to receive it.
10. Provides that a notice to appear issued on a form approved by the Judicial Council may be received and filed by court in electronic form, if the following conditions are met:
    1. The notice to appear is issued and transmitted by a law enforcement agency, as specified;
    2. The court has all of the following:
       1. The ability to receive the notice to appear in electronic format;
       2. The facility to electronically store an electronic copy and the data elements of the notice to appear for the statutory period of record retention; and
       3. The ability to reproduce the electronic copy of the notice to appear and those data elements in printed form upon demand and payment of any costs involved.
    3. The issuing agency has the ability to reproduce the notice to appear in physical form upon demand.
11. States that if the notice to appear is transmitted in electronic form, it is deemed to have been signed by the defendant if it includes a digitized facsimile of the defendant's signature on the notice to appear.
12. Provides that a notice to appear filed electronically need not be subscribed by the citing officer.
13. Specifies that an electronically submitted notice to appear need not be verified by the citing officer with a declaration under penalty of perjury if the electronic form indicates which parts of the notice are verified by that declaration and the name of the officer making the declaration.

AS PASSED BY THE ASSEMBLY, this bill specified that if the notice to appear in court (citation) is being transmitted in electronic form, the copy of the notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.

FISCAL EFFECT: Unknown. This bill has been keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "Conducting traffic stops as a Police Officer can be a dangerous part of the job. Officers need to control the stop, the violator inside the vehicle, the area around them, and complete the citation in a reasonable amount of time. The fewer the number of contacts with a violator the safer it is for a Police Officer to conduct his job and release the violator from being detained in the shortest amount of time.

"This bill would update California Law to take into account the issuing of electronic citations, so that Police Officers do not have to increase the number of contacts with a violator during a traffic stop. Law enforcement agencies may stop issuing electronic citations or be hesitant to start the process because of safety concerns. Yet electronic citations are significantly more efficient than the triplicate forms used today. When we encourage law enforcement agencies and our courts to be more efficient, we should also balance that with modern laws that reflect technological advancements while maintaining officer safety."

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0003021

 CONSENT  

Bill No: AB 1927

Author:

: in Senate

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/10/16

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

ASSEMBLY FLOOR: 78-0, 4/4/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill authorizes law enforcement officers to give a person violating the law a copy of their notice to appear in court without the signature of the defendant, unless the person specifically requests it.

ANALYSIS:

Existing law:

1. Requires officers to prepare a written notice to appear in court if a person who violates the law does not have to go before a magistrate and is subsequently released after the violation. The notice to appear must include the name and address of person involved, the offense charged, the time and place in which the person must appear in court, and the violator’s signature in order to secure their release as a written promise that the defendant will appear in court as specified in the notice to appear. (Pen. Code, § 853.6 (a), (d).)
2. Requires an officer or prosecuting attorney to provide a defendant an exact and legible duplicate copy of any written notice that an officer or prosecuting attorney has prepared, delivered and filed with the court in which the defendant may plead “guilty” or “nolo contendre” to the original complaint. (Pen. Code, § 853.9 (a).)
3. Requires that whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed. (Pen. Code, § 853.9 (b).)
4. States that a criminal prosecution may be commenced by filing an accusatory pleading in electronic form with the judge or in a court having authority to receive it. (Pen. Code, § 959.1 (a).)
5. Authorizes the Judicial Council to approve an electronically transmitted notice to appear if the notice to appear meets the following criteria: it is issued and transmitted by a law enforcement agency; the courts have the ability to receive, store and reproduce such notices in electronic format; and the issuing agency has the ability to reproduce the notice to appear in physical form upon demand. (Pen. Code, § 959.1 (d)(1) - (3).)
6. States that if the notice to appear is transmitted in electronic form, it is deemed to have been signed by the defendant if it includes a digitized facsimile of the defendant's signature on the notice to appear. (Pen. Code, § 959.1 (f).)

This bill authorizes a police officer to give a defendant a copy of their notice to appear in court without the signature of the defendant, unless the defendant specifically requests that the copy they receive contains their signature.

Background

This bill provides that if a citation issued by a peace officer is transmitted electronically, the copy of the citation issued does not need to include the signature of the person who is issued the notice to appear citation unless they specifically request a copy of the citation with their signature.

Electronic citations were initially implemented to streamline the citation process; however, in a traffic stop, an officer typically contacts the driver to collect information, and then returns to their patrol vehicle to fill out the citation. Once the citation is complete, the officer will re-contact the driver to obtain their signature, and then give the violator a copy of the signed citation. With the addition of the electronic hand held device, once the device is electronically signed, the officer must go back to his/her patrol vehicle to get the signed citation from the printer within their vehicle and return for a third time to the violator’s vehicle. Unlike the traditional “two approach” traffic stop, this new implementation increases the stop to three approaches. The process thus increases the time and danger involved in an ordinary traffic stop.

Police officers are four times more likely to get involved in an accident including a vehicle than a civilian motorist. Between the 17-year-period of 1993 to 2009, an average of one officer a month was struck and killed by a motor vehicle. During the years 2005 to 2014, 134 police officers were struck and killed by a vehicle. In order to help prevent the substantial number of officers from being struck and subsequently injured or killed, Move Over laws came into effect in 49 different states (only Hawaii and D.C. do not have these laws), requiring motorists to change lanes or slow down when they approach an emergency vehicle.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/16/16)

California Association of Highway Patrolmen

California Law Enforcement Association of Records Supervisors

California Police Chiefs Association

Los Angeles County Professional Peace Officers Association

Peace Officers Research Association of California

OPPOSITION: (Verified 5/16/16)

California Public Defenders Association

ASSEMBLY FLOOR: 78-0, 4/4/16

AYES: Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Rodriguez

Prepared by: Molly Lao / PUB. S. /

5/18/16 16:21:36

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 1927 Hearing Date: May 10, 2016

Subject: Criminal Procedure: Notice to Appear

HISTORY

Source: Peace Officers Research Association of California

Prior Legislation: None

Support: California Association of Highway Patrolmen; California Police Chiefs Association

Opposition: None Known

Assembly Floor Vote: 78 - 0

PURPOSE

The purpose of this bill is to authorize law enforcement officers to give a person violating the law a copy of their ‘notice to appear’ in court without the signature of the defendant, unless the person specifically requests it.

Existing law requires officers to prepare a written notice to appear in court if a person who violates the law does not have to go before a magistrate and is subsequently released after the violation. The notice to appear must include the name and address of person involved, the offense charged, the time and place in which the person must appear in court, and the violator’s signature in order to secure their release as a written promise that the defendant will appear in court as specified in the notice to appear. (Penal Code § 853.6 (a), (d).)

Existing law requires an officer or prosecuting attorney to provide a defendant an exact and legible duplicate copy of any written notice that an officer or prosecuting attorney has prepared, delivered and filed with the court in which the defendant may plead “guilty” or “nolo contendre” to the original complaint. (Pen. Code, § 853.9 (a).)

Existing law requires that whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed. (Pen. Code, § 853.9 (b).)

Existing law states that a criminal prosecution may be commenced by filing an accusatory pleading in electronic form with the judge or in a court having authority to receive it. (Pen. Code, § 959.1 (a).)

Existing law authorizes the judicial council to approve an electronically transmitted notice to appear if the notice to appear meets the following criteria: it is issued and transmitted by a law enforcement agency; the courts have the ability to receive, store and reproduce such notices in electronic format; and the issuing agency has the ability to reproduce the notice to appear in physical form upon demand. (Pen. Code, § 959.1 (d)(1) - (3).)

Existing law states that if the notice to appear is transmitted in electronic form, it is deemed to have been signed by the defendant if it includes a digitized facsimile of the defendant's signature on the notice to appear. (Pen. Code, § 959.1 (f).)

This bill would authorize a police officer to give a defendant a copy of their notice to appear in court without the signature of the defendant, unless the defendant specifically requests that the copy they receive contains their signature.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;
• 141.5% of design bed capacity by February 28, 2015; and,
• 137.5% of design bed capacity by February 28, 2016.

In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)

While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;
• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
• Whether a proposal corrects a constitutional problem or legislative drafting error; and
• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for This Bill

According to the author:

When conducting traffic stops to issue a citation (also known as a “notice to appear”), the officer runs the information through dispatch and returns to the violator’s vehicle to fill out a triplicate form. One signed copy goes to the violator, one to the officer, and one to the court. This is called a “two contact approach”.

With new technologies, many agencies are using electronic handheld devices to be more efficient when issuing citations. This device resembles the machines a person signs when receiving a package from FedEx or UPS. With this device, once the officer completes the citation and obtains a signature (second contact), it is wirelessly sent to a printer in the patrol vehicle, where, under current law, the officer must retrieve it and bring the exact signed copy of the citation back to the violator. This results in a third trip back to the vehicle by the officer, or a “three contact approach.”

In addition to the potential danger of high speed traffic, it is unknown to the officer whether the occupants of the violator’s vehicle are armed or potentially dangerous. Under these circumstances, two contacts with each vehicle are very dangerous. Contacting a violator a third time during a traffic stop greatly increases an officer’s risk of harm especially if a violator is agitated for any reason.

This bill amends the penal code to include an exception that violators do not need an exact signed copy of their citation when an electronic citation is given unless specifically requested by the violator. This will reduce the risk for both the officer and the offender by limiting the number of contact during a traffic stop.

2. Background; Effect of This Bill

This bill provides that if a citation issued by a peace officer is transmitted electronically, the copy of the citation issued does not need to include the signature of the person who is issued the notice to appear citation unless they specifically request a copy of the citation with their signature.

Electronic citations were initially implemented to streamline the citation process; however, in a traffic stop, an officer typically contacts the driver to collect information, and then returns to their patrol vehicle to fill out the citation. Once the citation is complete, the officer will re-contact the driver to obtain their signature, and then give the violator a copy of the signed citation. With the addition of the electronic hand held device, once the device is electronically signed, the officer must go back to his/her patrol vehicle to get the signed citation from the printer within their vehicle and return for a third time to the violator’s vehicle. Unlike the traditional “two approach” traffic stop, this new implementation increases the stop to three approaches. The process thus increases the time and danger involved in an ordinary traffic stop.

Police officers are four times more likely to get involved in an accident including a vehicle than a civilian motorist.^[1] Between the 17-year-period of 1993 to 2009, an average of one officer a month was struck and killed by a motor vehicle.^[2] During the years 2005 to 2014, 134 police officers were struck and killed by a vehicle.^[3] In order to help prevent the substantial number of officers from being struck and subsequently injured or killed, Move Over laws came into effect in forty-nine different states (only Hawaii and D.C. do not have these laws), requiring motorists to change lanes or slow down when they approach an emergency vehicle.^[4]

3. Argument in Support

According to the California Police Chiefs Association Inc.:

The California Police Chiefs Association is pleased to support AB 1927, which will increase peace officer safety in California. AB 1927 provides that if the citation issued by a peace officer to an arrested person is being transmitted in electronic form, the copy of the citation issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person. With new technologies, many agencies are using electronic handheld devices to be more efficient when issuing citations. With this device, once the officer completes the citation and obtains a signature (second contact), it is wirelessly sent to a printer in the patrol vehicle, where under current law, the officer must retrieve it and bring the exact signed copy of the citation back to the violator. This results in a third trip back to the vehicle by the officer, or a “three contact approach.”

However, traffic stops are inherently dangerous for both the officer and the stopped vehicle. When an officer pulls a vehicle over on a busy street or highway, the officer puts themselves at risk each time they exit their vehicle and approach the violator’s vehicle. In addition to the potential danger of high speed traffic each time an officer approaches a vehicle, it is unknown to the officer whether the occupants of the violator’s vehicle are armed or potentially dangerous. Under these circumstances, two contacts with each vehicle is very dangerous. Contacting a violator three times during a traffic stop greatly increases an officer’s risk of harm.

4. Proposed Amendments in Committee

The author proposes to amend subdivision (c) of Penal Code § 853.9 in committee:

“If the notice to appear issued to and signed by the arrested person is being transmitted in electronic form, the copy of the citation notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.”

The added language is highlighted.

-- END –

1. http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=2422&issue_id=72011#6 ↑

2. http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=2422&issue_id=72011#10 ↑

3. http://www.nleomf.org/facts/officer-fatalities-data/causes.html?referrer=http://www.nleomf.org/facts/officer-fatalities-data/daifacts.html ↑

4. http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=2422&issue_id=72011#6 ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 1927

Author:(Lackey)

As Amended Ver:March 28, 2016

Majority vote

SUMMARY:

Specifies that if the notice to appear in court (citation) is being transmitted in electronic form, the copy of the notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.

EXISTING LAW:

1. Whenever written notice to appear has been prepared, delivered, and filed by an officer or the prosecuting attorney with the court pursuant to the provisions of Penal Code Section 853.6, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead "guilty" or "nolo contendere."
2. If, however, the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear.
3. Notwithstanding the provisions of subdivision (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.
4. Species that when a person is arrested for misdemeanor, and does not demand to be taken before a magistrate, that person shall be released with a citation, as specified.
5. States that if the person is released with a citation, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court.
6. Specifies that unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the judge.
7. Requires the officer to deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear.
8. Requires the officer, as soon as practicable, to file the duplicate notice, as specified.
9. States that a criminal prosecution may be commenced by filing an accusatory pleading in electronic form with the judge or in a court having authority to receive it.
10. Provides that a notice to appear issued on a form approved by the Judicial Council may be received and filed by court in electronic form, if the following conditions are met:
    1. The notice to appear is issued and transmitted by a law enforcement agency, as specified;
    2. The court has all of the following:
       1. The ability to receive the notice to appear in electronic format;
       2. The facility to electronically store an electronic copy and the data elements of the notice to appear for the statutory period of record retention; and
       3. The ability to reproduce the electronic copy of the notice to appear and those data elements in printed form upon demand and payment of any costs involved.
    3. The issuing agency has the ability to reproduce the notice to appear in physical form upon demand.
11. States that if the notice to appear is transmitted in electronic form, it is deemed to have been signed by the defendant if it includes a digitized facsimile of the defendant's signature on the notice to appear.
12. Provides that a notice to appear filed electronically need not be subscribed by the citing officer.
13. Specifies that an electronically submitted notice to appear need not be verified by the citing officer with a declaration under penalty of perjury if the electronic form indicates which parts of the notice are verified by that declaration and the name of the officer making the declaration.

FISCAL EFFECT:

Unknown. This bill has been keyed non-fiscal by the Legislative Counsel.

COMMENTS:

According to the author, "Conducting traffic stops as a Police Officer can be a dangerous part of the job. Officers need to control the stop, the violator inside the vehicle, the area around them, and complete the citation in a reasonable amount of time. The fewer the number of contacts with a violator the safer it is for a Police Officer to conduct his job and release the violator from being detained in the shortest amount of time.

"This bill would update California Law to take into account the issuing of electronic citations, so that Police Officers do not have to increase the number of contacts with a violator during a traffic stop. Law enforcement agencies may stop issuing electronic citations or be hesitant to start the process because of safety concerns. Yet electronic citations are significantly more efficient than the triplicate forms used today. When we encourage law enforcement agencies and our courts to be more efficient, we should also balance that with modern laws that reflect technological advancements while maintaining officer safety."

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0002669

Date of Hearing: March 29, 2016

Counsel: David Billingsley

ASSEMBLY COMMITTEE ON

, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Specifies that if the notice to appear in court (citation) is being transmitted in electronic form, the copy of the notice to appear issued to the arrested person need not include the signature of the arrested person, unless specifically requested by the arrested person.

EXISTING LAW:

1. Whenever written notice to appear has been prepared, delivered, and filed by an officer or the prosecuting attorney with the court pursuant to the provisions of Section 853.6 of this code, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead "guilty" or "nolo contendere." (Pen. Code, § 853.9, subd. (a).)
   
2. If, however, the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear. (Pen. Code, § 853.9, subd. (a).)
   
3. Notwithstanding the provisions of subdivision (a) of this section, whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed. (Pen. Code, § 853.9, subd. (b).)
   
4. Species that when a person is arrested for misdemeanor, and does not demand to be taken before a magistrate, that person shall be released with a citation, as specified. (Pen. Code 853.6, subd. (a)(1).)
   
5. States that if the person is released with a citation, the officer or his or her superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. (Pen. Code 853.6, subd. (a)(1).)
   
6. Specifies that unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the judge. (Pen. Code 853.6, subd. (b)(1).)
   
7. Requires the officer to deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer, and the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. (Pen. Code 853.6, subd. (d).
   
8. Requires the officer, as soon as practicable, to file the duplicate notice, as specified. (Pen. Code 853.6, subd. (e).)
   
9. States that a criminal prosecution may be commenced by filing an accusatory pleading in electronic form with the judge or in a court having authority to receive it. (Pen. Code, § 959.1, subd. (a).)
   
10. Provides that a notice to appear issued on a form approved by the Judicial Council may be received and filed by court in electronic form, if the following conditions are met:
    
    1. The notice to appear is issued and transmitted by a law enforcement agency, as specified; (Pen. Code, § 959.1, subd. (d)(1).)
       
    2. The court has all of the following:
       
       1. The ability to receive the notice to appear in electronic format; (Pen. Code, § 959.1, subd. (d)(2)(A).)
          
       2. The facility to electronically store an electronic copy and the data elements of the notice to appear for the statutory period of record retention; and (Pen. Code, § 959.1, subd. (d)(2)(b).)
          
       3. The ability to reproduce the electronic copy of the notice to appear and those data elements in printed form upon demand and payment of any costs involved. (Pen. Code, § 959.1, subd. (d)(2)(C).)
          
    3. The issuing agency has the ability to reproduce the notice to appear in physical form upon demand. (Pen. Code, § 959.1, subd. (d)(3).)
       
11. States that if the notice to appear is transmitted in electronic form, it is deemed to have been signed by the defendant if it includes a digitized facsimile of the defendant's signature on the notice to appear. (Pen. Code, § 959.1, subd. (f).)
    
12. Provides that a notice to appear filed electronically need not be subscribed by the citing officer. (Pen. Code, § 959.1, subd. (f).)
    
13. Specifies that an electronically submitted notice to appear need not be verified by the citing officer with a declaration under penalty of perjury if the electronic form indicates which parts of the notice are verified by that declaration and the name of the officer making the declaration. (Pen. Code, § 959.1, subd. (f).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Conducting traffic stops as a Police Officer can be a dangerous part of the job. Officers need to control the stop, the violator inside the vehicle, the area around them, and complete the citation in a reasonable amount of time. The fewer the number of contacts with a violator the safer it is for a Police Officer to conduct his job and release the violator from being detained in the shortest amount of time.
   
   “This bill would update California Law to take into account the issuing of electronic citations, so that Police Officers do not have to increase the number of contacts with a violator during a traffic stop. Law enforcement agencies may stop issuing electronic citations or be hesitant to start the process because of safety concerns. Yet electronic citations are significantly more efficient than the triplicate forms used today. When we encourage law enforcement agencies and our courts to be more efficient, we should also balance that with modern laws that reflect technological advancements while maintaining officer safety.”
   
2. Background: Law enforcement officers issue a citation whenever they give someone a traffic ticket. An officer also issues a citation to a person if they arrest the individual on a misdemeanor charge, but release that person without taking them into custody. A citation serves as the notice to appear in court for the person that has received the citation. A signed copy of the citation is sent to court by the law enforcement agency issuing the citation.
   
   When conducting traffic stops to issue citations, the officer runs the information through dispatch and returns to the violator’s vehicle to fill out a triplicate form where one signed copy goes to the violator, one to the officer and one to the agency, resulting in a “two contact approach” to the vehicle.
   
   Again, the first contact occurs when the officer first approaches the vehicle seeking the driver’s license and registration. The officer then goes back to his vehicle, writes up the ticket and approaches the vehicle a second time to have the driver sign the citation, at which time the officer gives a signed copy to the driver (two approaches).
   
   With new technologies, many agencies are using electronic handheld devices to be more efficient when issuing citations. This device resembles the machines a person signs when receiving a package from FedEx or UPS. With this device, once the officer completes the citation and obtains a signature (second contact), it is wirelessly sent to a printer in the patrol vehicle, where, under current law, the officer must retrieve it and bring the exact signed copy of the citation back to the violator. This results in a third contact.
   
3. Benefits of Electronic Citations: The use of electronic citations can provide efficiencies that save money for law enforcement agencies and courts. Many paper citations the courts receive contain errors due to misspelling, poor handwriting, smudged copies, and inconsistencies between violation codes and descriptions. Electronic citation technology can eliminate many of these types of errors.
   
   Electronic citation technology promises benefits from saving time and reducing costs, to increasing officer efficiency. The current paper system used in most jurisdictions takes an average of 12 days to process a citation and send it to the court. With an electronic citation, this process can now be done seamlessly within seconds. Once the infrastructure is paid for, an electronic citation system promises to be a cost-effective solution since it will eliminate a great deal of overhead associated with clerical tasks. (The Use of Electronic Citations: A Nationwide Assessment, A Joint Report by the Office of Justice Programs, Bureau of Justice Assistance and the Department of Transportation, June, 2003, p. 6.)
   
4. Argument in Support: According to The Peace Officers Research Association of California, “Every time an officer pulls a vehicle over, they are automatically in a dangerous situation. Not only are they dealing with the threats of the roadway and traffic, they are also faced with the potential danger of the individual or individuals inside the vehicle that was pulled over. An officer never knows whether the violator is concealing a weapon, nor do they know the mental state of that person.
   
   “Electronic citations were initially implemented to streamline a process; however, in a traffic stop, an officer typically contacts the driver to collect information, and then returns to their patrol vehicle to fill out the citation. Once the citation is complete, the officer will re-contact the driver to obtain their signature, and then give them a copy of the signed citation. With the addition of the electronic hand device, once the device is electronically signed, the officer must go back to his/her patrol vehicle to get the signed citation from the printer within their vehicle and return for a third time to the violator’s vehicle. Unlike the traditional “two approach” traffic stop, this new implementation increases the stop to three approaches; therefore, increases the time and danger of a traffic stop.”
   
5. Argument in Opposition: According to The California Public Defenders, “AB 1927 would allow the prosecution to use an unsigned electronic notice to appear both as a complaint and to issue an arrest warrant if the person failed to appear. The person would specifically have to elect to sign the electronic promise to appear.
   
   “Under existing law, Penal Code section 853.9 provides that a written notice to appear may be issued to an arrestee and then filed with the court. If defendant fails to appear on the written notice to appear, a warrant may be issued for the defendant’s arrest.
   
   “This proposed procedure of deleting the signature is too vulnerable to fraud. It is not uncommon for individuals to use another person’s identity when stopped by the police and issued a notice to appear. Historically, defense counsel has been able to demonstrate that the client was not the individual stopped by having the prosecutor compare the notice to appear signature with the client’s true signature.
   
   “In this era of widespread identity theft, an unsigned notice to appear is even more vulnerable to fraud. And finally, an unsigned notice to appear could be a tool of harassment in the hands of some rogue law enforcement official.”
   
6. Prior Legislation:
   
   1. AB 2303 (Judiciary Committee), Chapter 567, Statutes of 2006, specified that an accusatory pleading in electronic form was sufficient if it indicates it was sworn and has the name of that officer.

REGISTERED SUPPORT / OPPOSITION:

Support

Peace Officers Research Association of California (Sponsor)
California Police Chiefs Association

Opposition

California Public Defenders Association

Analysis Prepared by: