SB 795: Public Safety Omnibus.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-05
(1)Existing law, when a person is arrested without a warrant, requires the person, if not otherwise released and without unnecessary delay, to be taken before the nearest or most accessible magistrate in the county in which the offense is triable, unless certain exemptions apply, including that the person was arrested for intoxication only and no further proceedings are desirable.
This bill would exempt a person from the requirement of, without unnecessary delay, being taken before the nearest or most accessible magistrate in the county in which the offense is triable if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(2)Existing law requires the Department of Parks and Recreation to protect the state park system and the state vehicular recreation area and trail system from damage and to preserve the peace therein. Existing law provides that a person who violates the rules and regulations established by the department is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment, as specified, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Existing law also requires that a person who is convicted of the offense after that reduction be punished by a fine of not less than $10 nor more than $1,000.
This bill would instead make a person who violates those rules and regulations guilty of either a misdemeanor, punishable as provided under existing law, or an infraction, punishable by a fine of not more than $1,000. The bill would delete the mandatory minimum fine.
(3)Existing law, the Interstate Compact for Juveniles, adopted by this state and effective until January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles.
This bill would delete the repeal date of these provisions, and would thereby extend the operation of the provisions indefinitely.
(4)This bill would make other technical, nonsubstantive changes.
(1)Existing law, when a person is arrested without a warrant, requires the person, if not otherwise released and without unnecessary delay, to be taken before the nearest or most accessible magistrate in the county in which the offense is triable, unless certain exemptions apply, including that the person was arrested for intoxication only and no further proceedings are desirable.
This bill would exempt a person from the requirement of, without unnecessary delay, being taken before the nearest or most accessible magistrate in the county in which the offense is triable if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(2)Existing law requires the Department of Parks and Recreation to protect the state park system and the state vehicular recreation area and trail system from damage and to preserve the peace therein. Existing law provides that a person who violates the rules and regulations established by the department is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment, as specified, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Existing law also requires that a person who is convicted of the offense after that reduction be punished by a fine of not less than $10 nor more than $1,000.
This bill would instead make a person who violates those rules and regulations guilty of either a misdemeanor, punishable as provided under existing law, or an infraction, punishable by a fine of not more than $1,000. The bill would delete the mandatory minimum fine.
(3)Existing law, the Interstate Compact for Juveniles, adopted by this state and effective until January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles.
This bill would delete the repeal date of these provisions, and would thereby extend the operation of the provisions indefinitely.
(4)This bill would make other technical, nonsubstantive changes.
(1)Existing law, when a person is arrested without a warrant, requires the person, if not otherwise released and without unnecessary delay, to be taken before the nearest or most accessible magistrate in the county in which the offense is triable, unless certain exemptions apply, including that the person was arrested for intoxication only and no further proceedings are desirable.
This bill would exempt a person from the requirement of, without unnecessary delay, being taken before the nearest or most accessible magistrate in the county in which the offense is triable if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(2)Existing law establishes a statewide policy strictly limiting strip and body cavity searches of prearrangement detainees arrested for infraction or misdemeanor offenses and of minors detained prior to a detention hearing on the grounds that he or she is alleged to have committed a misdemeanor or infraction offense. Existing law provides that if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
This bill would provide that if a person is arrested and taken into custody that person may also be subjected to a body scanner search.
(3)
(2)Existing law requires the Department of Parks and Recreation to protect the state park system and the state vehicular recreation area and trail system from damage and to preserve the peace therein. Existing law provides that a person who violates the rules and regulations established by the department is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment, as specified, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Existing law also requires that a person who is convicted of the offense after that reduction be punished by a fine of not less than $10 nor more than $1,000.
This bill would instead make a person who violates those rules and regulations guilty of either a misdemeanor, punishable as provided under existing law, or an infraction, punishable by a fine of not more than $1,000. The bill would delete the mandatory minimum fine.
(4)
(3)Existing law, the Interstate Compact for Juveniles, adopted by this state and effective until January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles.
This bill would delete the repeal date of these provisions, and would thereby extend the operation of the provisions indefinitely.
(5)
(4)This bill would make other technical, nonsubstantive changes.
(1)Existing law, when a person is arrested without a warrant, requires the person, if not otherwise released and without unnecessary delay, to be taken before the nearest or most accessible magistrate in the county in which the offense is triable, unless certain exemptions apply, including that the person was arrested for intoxication only and no further proceedings are desirable.
This bill would exempt a person from the requirement of, without unnecessary delay, being taken before the nearest or most accessible magistrate in the county in which the offense is triable if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(2)Existing law establishes a statewide policy strictly limiting strip and body cavity searches of prearrangement detainees arrested for infraction or misdemeanor offenses and of minors detained prior to a detention hearing on the grounds that he or she is alleged to have committed a misdemeanor or infraction offense. Existing law provides that if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
This bill would provide that if a person is arrested and taken into custody that person may also be subjected to a body scanner search.
(3)Existing law requires the Department of Parks and Recreation to protect the state park system and the state vehicular recreation area and trail system from damage and to preserve the peace therein. Existing law provides that a person who violates the rules and regulations established by the department is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment, as specified, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Existing law also requires that a person who is convicted of the offense after that reduction be punished by a fine of not less than $10 nor more than $1,000.
This bill would instead make a person who violates those rules and regulations guilty of either a misdemeanor, punishable as provided under existing law, or an infraction, punishable by a fine of not more than $1,000. The bill would delete the mandatory minimum fine.
(3)
(4)Existing law, the Interstate Compact for Juveniles, adopted by this state and effective until January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles.
This bill would delete the repeal date of these provisions, and would thereby extend the operation of the provisions indefinitely.
(4)
(5)This bill would make other technical, nonsubstantive changes.
(1)Existing law, when a person is arrested without a warrant, requires the person, if not otherwise released and without unnecessary delay, to be taken before the nearest or most accessible magistrate in the county in which the offense is triable, unless certain exemptions apply, including that the person was arrested for intoxication only and no further proceedings are desirable.
This bill would exempt a person from the requirement of, without unnecessary delay, being taken before the nearest or most accessible magistrate in the county in which the offense is triable if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(2)Existing law establishes a statewide policy strictly limiting strip and body cavity searches of prearrangement detainees arrested for infraction or misdemeanor offenses and of minors detained prior to a detention hearing on the grounds that he or she is alleged to have committed a misdemeanor or infraction offense. Existing law provides that if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
This bill would provide that if a person is arrested and taken into custody that person may also be subjected to a body scanner search.
(3)Existing law, the Interstate Compact for Juveniles, adopted by this state and effective until January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles.
This bill would delete the repeal date of these provisions, and would thereby extend the operation of the provisions indefinitely.
(4)This bill would make other technical, nonsubstantive changes.
(1)Existing law, when a person is arrested without a warrant, requires the person, if not otherwise released and without unnecessary delay, to be taken before the nearest or most accessible magistrate in the county in which the offense is triable, unless certain exemptions apply, including that the person was arrested for intoxication only and no further proceedings are desirable.
This bill would exempt a person from the requirement of, without unnecessary delay, being taken before the nearest or most accessible magistrate in the county in which the offense is triable if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(2)Existing law establishes a statewide policy strictly limiting strip and body cavity searches of prearrangement detainees arrested for infraction or misdemeanor offenses and of minors detained prior to a detention hearing on the grounds that he or she is alleged to have committed a misdemeanor or infraction offense. Existing law provides that if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
This bill would provide that if a person is arrested and taken into custody that person may also be subjected to a body scanner search.
(3)Existing law, the Interstate Compact for Juveniles, adopted by this state and effective until January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles.
This bill would delete the repeal date of these provisions, and would thereby extend the operation of the provisions indefinitely.
(4)This bill would make other technical, nonsubstantive changes.
(1)Existing law, when a person is arrested without a warrant, requires the person, if not otherwise released and without unnecessary delay, to be taken before the nearest or most accessible magistrate in the county in which the offense is triable, unless certain exemptions apply, including that the person was arrested for intoxication only and no further proceedings are desirable.
This bill would exempt a person from the requirement of, without unnecessary delay, being taken before the nearest or most accessible magistrate in the county in which the offense is triable if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(2)Existing law establishes a statewide policy strictly limiting strip and body cavity searches of prearrangement detainees arrested for infraction or misdemeanor offenses and of minors detained prior to a detention hearing on the grounds that he or she is alleged to have committed a misdemeanor or infraction offense. Existing law provides that if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
This bill would provide that if a person is arrested and taken into custody that person may also be subjected to a body scanner search.
(3)Existing law, the Interstate Compact for Juveniles, adopted by this state and effective until January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles.
This bill would delete the repeal date of these provisions, and would thereby extend the operation of the provisions indefinitely.
(4)This bill would make other technical, nonsubstantive changes.
Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:
(a)Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code.
(b)Be at least 18 years of age.
(c)Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.
(d)Be of good moral character, as determined by a thorough background investigation.
(e)Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).
(f)Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer.
(1)Physical condition shall be evaluated by a licensed physician and surgeon.
(2)Emotional and mental condition shall be evaluated by either of the following:
(A)A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.
(B)A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate.
The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers.
(g)This section shall not be construed to preclude the adoption of additional or higher standards, including age.
SEC. 2.Section 384a of the Penal Code is amended to read:384a.(a)(1)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way.
(2)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owners authorized agent, as provided in subdivision (c).
(3)A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision.
(b)For purposes of this section, plant material means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. Plant material does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance.
(c)(1)The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowners authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit.
(2)The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed.
(d)A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section.
(e)This section does not apply to any of the following:
(1)An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state.
(2)A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility.
(3)A person engaged in logging operations or fire suppression.
(f)A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
SEC. 3.Section 849 of the Penal Code is amended to read:849.(a)When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate.
(b)A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances:
(1)The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.
(2)The person arrested was arrested for intoxication only, and no further proceedings are desirable.
(3)The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable.
(4)The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(c)The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
SEC. 4.Section 4131.5 of the Penal Code is amended and renumbered to read:243.15.Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a battery upon the person of any individual who is not himself or herself a person confined or sentenced therein, is guilty of a public offense and is subject to punishment by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for not more than one year.
SEC. 5.Section 4504 of the Penal Code is amended to read:4504.For purposes of this chapter:
(a)A person is deemed confined in a state prison if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final.
(b)A person is deemed confined in a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed confined in a prison for purposes of this chapter.
SEC. 6.Section 5008 of the Public Resources Code is amended to read:5008.(a)The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein.
(b)The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code.
(c)The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980.
(d)Any person who violates the rules and regulations established by the department is guilty of either a misdemeanor, punishable by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, or an infraction punishable by a fine of not more than one thousand dollars ($1,000).
SEC. 7.Section 1403 of the Welfare and Institutions Code is repealed.Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:
(a)Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code.
(b)Be at least 18 years of age.
(c)Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.
(d)Be of good moral character, as determined by a thorough background investigation.
(e)Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).
(f)Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer.
(1)Physical condition shall be evaluated by a licensed physician and surgeon.
(2)Emotional and mental condition shall be evaluated by either of the following:
(A)A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.
(B)A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate.
The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers.
(g)This section shall not be construed to preclude the adoption of additional or higher standards, including age.
SEC. 2.Section 384a of the Penal Code is amended to read:384a.(a)(1)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way.
(2)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owners authorized agent, as provided in subdivision (c).
(3)A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision.
(b)For purposes of this section, plant material means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. Plant material does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance.
(c)(1)The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowners authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit.
(2)The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed.
(d)A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section.
(e)This section does not apply to any of the following:
(1)An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state.
(2)A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility.
(3)A person engaged in logging operations or fire suppression.
(f)A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
SEC. 3.Section 849 of the Penal Code is amended to read:849.(a)When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate.
(b)A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances:
(1)The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.
(2)The person arrested was arrested for intoxication only, and no further proceedings are desirable.
(3)The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable.
(4)The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(c)The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
SEC. 4.Section 4131.5 of the Penal Code is amended and renumbered to read:243.15.Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a battery upon the person of any individual who is not himself or herself a person confined or sentenced therein, is guilty of a public offense and is subject to punishment by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for not more than one year.
SEC. 5.Section 4504 of the Penal Code is amended to read:4504.For purposes of this chapter:
(a)A person is deemed confined in a state prison if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final.
(b)A person is deemed confined in a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed confined in a prison for purposes of this chapter.
SEC. 6.Section 5008 of the Public Resources Code is amended to read:5008.(a)The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein.
(b)The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code.
(c)The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980.
(d)Any person who violates the rules and regulations established by the department is guilty of either a misdemeanor, punishable by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, or an infraction punishable by a fine of not more than one thousand dollars ($1,000).
SEC. 7.Section 1403 of the Welfare and Institutions Code is repealed.Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:
(a)Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code.
(b)Be at least 18 years of age.
(c)Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.
(d)Be of good moral character, as determined by a thorough background investigation.
(e)Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).
(f)Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer.
(1)Physical condition shall be evaluated by a licensed physician and surgeon.
(2)Emotional and mental condition shall be evaluated by either of the following:
(A)A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.
(B)A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate.
The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers.
(g)This section shall not be construed to preclude the adoption of additional or higher standards, including age.
SEC. 2.Section 384a of the Penal Code is amended to read:384a.(a)(1)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way.
(2)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owners authorized agent, as provided in subdivision (c).
(3)A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision.
(b)For purposes of this section, plant material means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. Plant material does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance.
(c)(1)The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowners authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit.
(2)The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed.
(d)A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section.
(e)This section does not apply to any of the following:
(1)An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state.
(2)A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility.
(3)A person engaged in logging operations or fire suppression.
(f)A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
SEC. 3.Section 849 of the Penal Code is amended to read:849.(a)When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate.
(b)A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances:
(1)The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.
(2)The person arrested was arrested for intoxication only, and no further proceedings are desirable.
(3)The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable.
(4)The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(c)The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
SEC. 4.Section 4030 of the Penal Code is amended to read:4030.(a)(1)The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures.
(2)It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches.
(b)The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation.
(c)As used in this section the following definitions shall apply:
(1)Body cavity only means the stomach or rectal cavity of a person, and vagina of a female person.
(2)Physical body cavity search means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity.
(3)Strip search means a search that requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of that person.
(4)Visual body cavity search means visual inspection of a body cavity.
(d)Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, when a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, body scanners, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
(e)A person arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor.
(f)(1)Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true:
(A)The person is not cited and released.
(B)The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2.
(C)The person is not able to post bail within a reasonable time, not less than three hours.
(2)A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency.
(g)A person arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search.
(h)A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agencys records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip, visual, or body search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agencys records and made available, upon request, to the person searched or his or her authorized representative.
(i)Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched.
(j)A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches.
(k)A person conducting or otherwise present during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel.
(l)All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted.
(m)A person who knowingly and willfully authorizes or conducts a strip, visual, or physical body cavity search in violation of this section is guilty of a misdemeanor.
(n)Nothing in this section shall be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section.
(o)Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorneys fees.
SEC. 5.SEC. 4.Section 4131.5 of the Penal Code is amended and renumbered to read:243.15.Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a battery upon the person of any individual who is not himself or herself a person confined or sentenced therein, is guilty of a public offense and is subject to punishment by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for not more than one year.
SEC. 6.SEC. 5.Section 4504 of the Penal Code is amended to read:4504.For purposes of this chapter:
(a)A person is deemed confined in a state prison if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final.
(b)A person is deemed confined in a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed confined in a prison for purposes of this chapter.
SEC. 7.SEC. 6.Section 5008 of the Public Resources Code is amended to read:5008.(a)The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein.
(b)The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code.
(c)The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980.
(d)Any person who violates the rules and regulations established by the department is guilty of either a misdemeanor, punishable by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, or an infraction punishable by a fine of not more than one thousand dollars ($1,000).
SEC. 8.SEC. 7.Section 1403 of the Welfare and Institutions Code is repealed.Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:
(a)Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code.
(b)Be at least 18 years of age.
(c)Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.
(d)Be of good moral character, as determined by a thorough background investigation.
(e)Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).
(f)Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer.
(1)Physical condition shall be evaluated by a licensed physician and surgeon.
(2)Emotional and mental condition shall be evaluated by either of the following:
(A)A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.
(B)A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate.
The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers.
(g)This section shall not be construed to preclude the adoption of additional or higher standards, including age.
SEC. 2.Section 384a of the Penal Code is amended to read:384a.(a)(1)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way.
(2)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owners authorized agent, as provided in subdivision (c).
(3)A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision.
(b)For purposes of this section, plant material means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. Plant material does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance.
(c)(1)The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowners authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit.
(2)The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed.
(d)A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section.
(e)This section does not apply to any of the following:
(1)An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state.
(2)A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility.
(3)A person engaged in logging operations or fire suppression.
(f)A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
SEC. 3.Section 849 of the Penal Code is amended to read:849.(a)When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate.
(b)A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances:
(1)The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.
(2)The person arrested was arrested for intoxication only, and no further proceedings are desirable.
(3)The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable.
(4)The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(c)The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
SEC. 4.Section 4030 of the Penal Code is amended to read:4030.(a)(1)The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures.
(2)It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches.
(b)The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation.
(c)As used in this section the following definitions shall apply:
(1)Body cavity only means the stomach or rectal cavity of a person, and vagina of a female person.
(2)Physical body cavity search means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity.
(3)Strip search means a search that requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of that person.
(4)Visual body cavity search means visual inspection of a body cavity.
(d)Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, when a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, body scanners, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
(e)A person arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor.
(f)(1)Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true:
(A)The person is not cited and released.
(B)The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2.
(C)The person is not able to post bail within a reasonable time, not less than three hours.
(2)A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency.
(g)A person arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search.
(h)A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agencys records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip, visual, or body search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agencys records and made available, upon request, to the person searched or his or her authorized representative.
(i)Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched.
(j)A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches.
(k)A person conducting or otherwise present during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel.
(l)All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted.
(m)A person who knowingly and willfully authorizes or conducts a strip, visual, or physical body cavity search in violation of this section is guilty of a misdemeanor.
(n)Nothing in this section shall be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section.
(o)Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorneys fees.
SEC. 5.Section 4131.5 of the Penal Code is amended and renumbered to read:243.15.Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a battery upon the person of any individual who is not himself or herself a person confined or sentenced therein, is guilty of a public offense and is subject to punishment by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for not more than one year.
SEC. 6.Section 4504 of the Penal Code is amended to read:4504.For purposes of this chapter:
(a)A person is deemed confined in a state prison if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final.
(b)A person is deemed confined in a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed confined in a prison for purposes of this chapter.
SEC. 7.Section 5008 of the Public Resources Code is amended to read:5008.(a)The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein.
(b)The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Department Division of Boating and Waterways, Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code.
(c)The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department under subdivision (l) of Section 6 of Chapter 1234 of the Statutes of 1980 and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980.
(d)Any person who violates the rules and regulations established by the department is guilty of a misdemeanor and upon conviction shall be punished either a misdemeanor, punishable by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Any person convicted of the offense after such a reduction shall be punished by a fine of not less than ten dollars ($10) nor imprisonment, or an infraction punishable by a fine of not more than one thousand dollars ($1,000).
SEC. 7.SEC. 8.Section 1403 of the Welfare and Institutions Code is repealed.Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:
(a)Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code.
(b)Be at least 18 years of age.
(c)Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.
(d)Be of good moral character, as determined by a thorough background investigation.
(e)Be a high school graduate, pass the General Education Development Test indicating or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this paragraph subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in the Commission on International and Trans-Regional Accreditation (CITA), AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).
(f)Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer.
(1)Physical condition shall be evaluated by a licensed physician and surgeon.
(2)Emotional and mental condition shall be evaluated by either of the following:
(A)A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.
(B)A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate.
The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers.
(g)This section shall not be construed to preclude the adoption of additional or higher standards, including age.
(h)This section shall become operative on January 1, 2005.
SECTION 1.SEC. 2.Section 384a of the Penal Code is amended to read:384a.(a)(1)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way.
(2)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owners authorized agent, as provided in subdivision (c).
(3)A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision.
(b)For purposes of this section, plant material means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. Plant material does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance.
(c)(1)The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowners authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit.
(2)The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed.
(d)A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section.
(e)This section does not apply to any of the following:
(1)An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state.
(2)A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility.
(3)A person engaged in logging operations or fire suppression.
(f)A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
SEC. 2.SEC. 3.Section 849 of the Penal Code is amended to read:849.(a)When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate.
(b)A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances:
(1)The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.
(2)The person arrested was arrested for intoxication only, and no further proceedings are desirable.
(3)The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable.
(4)The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(c)The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
SEC. 3.SEC. 4.Section 4030 of the Penal Code is amended to read:4030.(a)(1)The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures.
(2)It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches.
(b)The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation.
(c)As used in this section the following definitions shall apply:
(1)Body cavity only means the stomach or rectal cavity of a person, and vagina of a female person.
(2)Physical body cavity search means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity.
(3)Strip search means a search that requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of that person.
(4)Visual body cavity search means visual inspection of a body cavity.
(d)Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, when a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, body scanners, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
(e)A person arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor.
(f)(1)Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true:
(i)
(A)The person is not cited and released.
(ii)
(B)The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2.
(iii)
(C)The person is not able to post bail within a reasonable time, not less than three hours.
(2)A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency.
(g)A person arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search.
(h)A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agencys records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip, visual, or body search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agencys records and made available, upon request, to the person searched or his or her authorized representative.
(i)Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched.
(j)A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches.
(k)A person conducting or otherwise present during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel.
(l)All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted.
(m)A person who knowingly and willfully authorizes or conducts a strip, visual, or physical body cavity search in violation of this section is guilty of a misdemeanor.
(n)Nothing in this section shall be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section.
(o)Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorneys fees.
SEC. 5.Section 4131.5 of the Penal Code is amended and renumbered to read:4131.5.243.15.Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a battery upon the person of any individual who is not himself or herself a person confined or sentenced therein, is guilty of a public offense and is punishable subject to punishment by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for not more than one year.
SEC. 4.SEC. 6.Section 4504 of the Penal Code is amended to read:4504.For purposes of this chapter:
(a)A person is deemed confined in a state prison if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final.
(b)A person is deemed confined in a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed confined in a prison for purposes of this chapter.
SEC. 5.SEC. 7.Section 1403 of the Welfare and Institutions Code is repealed.(a)(1)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way.
(2)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owners authorized agent, as provided in subdivision (c).
(3)A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision.
(b)For purposes of this section, plant material means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. Plant material does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance.
(c)(1)The written permit required by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowners authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting or removal of plant material authorized by the permit.
(2)The permit required by this section need not be notarized or filed with the sheriff when five or less pounds of shrubs or boughs are to be cut or removed.
(d)A county or state fire warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service; or a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section.
(e)This section does not apply to any of the following:
(1)An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state.
(2)A person engaged in the necessary cutting or trimming of plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility.
(3)A person engaged in logging operations or fire suppression.
(f)A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
SEC. 2.Section 849 of the Penal Code is amended to read:849.(a)When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise and released, shall, without unnecessary delay, shall be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate.
(b)A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances:
(1)The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.
(2)The person arrested was arrested for intoxication only, and no further proceedings are desirable.
(3)The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable.
(4)The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(c)The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
SEC. 3.Section 4030 of the Penal Code is amended to read:4030.(a)(1)The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures.
(2)It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches.
(b)The provisions of this section shall apply only to prearrangement prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation.
(c)As used in this section the following definitions shall apply:
(1)Body cavity only means the stomach or rectal cavity of a person, and vagina of a female person.
(2)Physical body cavity search means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity.
(3)Strip search means a search that requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of that person.
(4)Visual body cavity search means visual inspection of a body cavity.
(d)Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, when a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, body scanners, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
(e)A person arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor.
(f)(1)Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true:
(i)The person is not cited and released.
(ii)The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2.
(iii)The person is not able to post bail within a reasonable time, not less than three hours.
(2)A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency.
(g)A person arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search.
(h)A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agencys records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip, visual, or body search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agencys records and made available, upon request, to the person searched or his or her authorized representative.
(i)Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched.
(j)A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches.
(k)A person conducting or otherwise present during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel.
(l)All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted.
(m)A person who knowingly and willfully authorizes or conducts a strip, visual, or physical body cavity search in violation of this section is guilty of a misdemeanor.
(n)Nothing in this section shall be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section.
(o)Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorneys fees.
SEC. 4.Section 4504 of the Penal Code is amended to read:4504.For purposes of this chapter:
(a)A person is deemed confined in a state prison if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final.
(b)A person is deemed confined in a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed confined in a prison for purposes of this chapter.
SEC. 5.Section 1403 of the Welfare and Institutions Code is repealed.Every person who within the State of California (a)(1)A person shall not willfully or negligently cuts, destroys, mutilates, or removes any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, or portion of any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, cut, destroy, mutilate, or remove plant material that is growing upon state or county highway rights-of-way, or who removes leaf mold thereon, except that the provisions of this section shall not be construed to apply to any employee of the state or of any political subdivision thereof engaged in work upon any state, county, or public road or highway while performing work under the supervision of the state or of any political subdivision thereof, and every person who willfully or negligently cuts, destroys, mutilates, or removes any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, or portions of any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, growing upon public land or upon land not his or her own, or leaf mold on the surface of public land, or upon land not his or her own, without a written permit from the owner of the land signed by the owner or the owners authorized agent, and every person who knowingly sells, offers, or exposes for sale, or transports for sale, any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, or portion of any tree or shrub, or fern or herb or bulb or cactus or flower, or huckleberry or redwood greens, or leaf mold, so cut or removed from state or county highway rights-of-way, or removed from public land or from land not owned by the person who cut or removed the same without the written permit from the owner of the land, signed by the owner or the owners authorized agent, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both fine and imprisonment. rights-of-way.
(2)A person shall not willfully or negligently cut, destroy, mutilate, or remove plant material that is growing upon public land or upon land that is not his or hers without a written permit from the owner of the land, signed by the owner of the land or the owners authorized agent, as provided in subdivision (c).
(3)A person shall not knowingly sell, offer or expose for sale, or transport for sale plant material that is cut or removed in violation of this subdivision.
(b)For purposes of this section, plant material means a tree, shrub, fern, herb, bulb, cactus, flower, huckleberry, or redwood green, or a portion of any of those, or the leaf mold on those plants. Plant material does not include a tree, shrub, fern, herb, bulb, cactus, flower, or greens declared by law to be a public nuisance.
The
(c)(1)The written permit required under this section by paragraph (2) of subdivision (a) shall be signed by the landowner, or the landowners authorized agent, and acknowledged before a notary public, or other person authorized by law to take acknowledgments. The permit shall contain the number and species of trees and amount of shrubs or ferns or herbs or bulbs or cacti or flowers, or huckleberry or redwood greens, or portions of any tree or shrub, plant material, and shall contain the legal description of the real property as usually found in deeds and conveyances of the land on which cutting or removal, or both, removal shall take place. One copy of the permit shall be filed in the office of the sheriff of the county in which the land described in the permit is located. The permit shall be filed prior to the commencement of cutting of the trees or shrub or fern or herb or bulb or cactus or flower or huckleberry or redwood green or portions of any tree or shrub or removal of plant material authorized by the permit. The
(2)The permit required by this section need not be notarized or filed with the office of the sheriff of the county where trees are to be removed when five or less trees or when five or less pounds of shrubs or boughs are to be cut or removed.
Any
(d)A county or state fire warden, or warden; personnel of the Department of Forestry and Fire Protection, as designated by the Director of Forestry and Fire Protection, and Protection; personnel of the United States Forest Service, as designated by the Regional Forester, Region 5, of the United States Forest Service, Service; or any a peace officer of the State of California, may enforce the provisions of this section and may confiscate any and all such shrubs, trees, ferns or herbs or bulbs or cacti or flowers, or huckleberry or redwood greens or leaf mold, or parts thereof plant material unlawfully cut or removed or knowingly sold, offered, or exposed or transported for sale as provided in this section.
This section does not apply to any tree or shrub, or fern or herb or bulb or cactus or flower, or greens declared by law to be a public nuisance.
This
(e)This section does not apply to the any of the following:
(1)An employee of the state or of a political subdivision of the state who is engaged in work upon a state, county, or public road or highway while performing work under the supervision of the state or a political subdivision of the state.
(2)A person engaged in the necessary cutting or trimming of any trees, shrubs, or ferns or herbs or bulbs or cacti or flowers, or greens if done plant material for the purpose of protecting or maintaining an electric powerline, telephone line, or other property of a public utility.
This section does not apply to persons
(3)A person engaged in logging operations, or in suppressing fires. operations or fire suppression.
(f)A violation of this section shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
SEC. 2.Section 849 of the Penal Code is amended to read:849.(a)When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, and without unnecessary delay, shall be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before such the magistrate.
(b)Any A peace officer may release from custody, instead of taking such the person before a magistrate, any a person arrested without a warrant whenever in the following circumstances:
(1)He or she The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.
(2)The person arrested was arrested for intoxication only, and no further proceedings are desirable.
(3)The person was arrested only for being under the influence of a controlled substance or drug and such the person is delivered to a facility or hospital for treatment and no further proceedings are desirable.
(4)The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.
(c)Any The record of arrest of a person released pursuant to paragraphs (1) and (3) of subdivision (b) shall include a record of release. Thereafter, such the arrest shall not be deemed an arrest, but a detention only.
SEC. 3.Section 4030 of the Penal Code is amended to read:4030.(a)(1)The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures.
It
(2)It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches.
(b)The provisions of this section shall apply only to prearraignment prearrangement detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to any a person in the custody of the Director Secretary of the Department of Corrections and Rehabilitation or the Director of the Youth Authority. the Division of Juvenile Justice in the Department of Corrections and Rehabilitation.
(c)As used in this section, strip search means a search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of such person.
(d)
(c)As used in this section the following definitions shall apply:
(1)Body cavity only means the stomach or rectal cavity of a person, and vagina of a female person.
(2)Visual body cavity search means visual inspection of a body cavity.
(3)
(2)Physical body cavity search means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity.
(3)Strip search means a search that requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of that person.
(4)Visual body cavity search means visual inspection of a body cavity.
(e)
(d)Notwithstanding any other provision of law, including Section 40304.5 of the Vehicle Code, when a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, body scanners, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.
(f)No person
(e)A person arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances or violence nor any substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601 or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion suspicion, based on specific and articulable facts facts, to believe such that person is concealing a weapon or contraband, contraband and a strip search will result in the discovery of the weapon or contraband. No A strip search or visual body cavity search or both may search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor.
(g)
(f)(1)Except pursuant to the provisions of paragraph (2), no a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances substances, or violence, shall not be confined in the general jail population unless all of the following are true:
(i)The person is not cited and released.
(ii)The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2.
(iii)The person is not able to post bail within a reasonable time time, not less than three hours.
(2)No A person may shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to such that placement. Such The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. Any A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail which that were preempted as a consequence of the emergency.
(h)No
(g)A person arrested on a misdemeanor or infraction offense, nor any or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search.
(i)
(h)A copy of the prior written authorization required by subdivisions (e) and (f) and (g) and the search warrant required by subdivision (h) (g) shall be placed in the agencys records and made available, on request, to the person searched or his or her authorized representative. With regard to any a strip, visual visual, or body search, the time, date date, and place of the search, the name and sex of the person conducting the search search, and a statement of the results of the search, including a list of any items removed from the person searched, shall be recorded in the agencys records and made available, upon request, to the person searched or his or her authorized representative.
(j)
(i)Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched.
(k)
(j)A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse nurse, or emergency medical technician Level II licensed to practice in this state. Any A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches.
(l)All persons
(k)A person conducting or otherwise present during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel.
(m)
(l)All strip, visual visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted.
(n)
(m)A person who knowingly and willfully authorizes or conducts a strip, visual visual, or physical body cavity search in violation of this section is guilty of a misdemeanor.
(o)
(n)Nothing in this section shall be construed as limiting any the common law or statutory rights of any a person regarding any an action for damages or injunctive relief, or as precluding the prosecution under another provision of law of any a peace officer or other person who has violated this section.
(p)
(o)Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorneys fees.
SEC. 4.Section 4504 of the Penal Code is amended to read:4504.For purposes of this chapter:
(a)A person is deemed confined in a state prison if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections or the Department of the Youth Authority, and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of such the confinement and regardless of the validity of the order directing such the confinement, until a judgment of a competent court setting aside such the order becomes final.
(b)A person is deemed confined in a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail or detail, for the purpose of confinement in a local correctional institution pending trial trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison, but a prison. A prisoner who has been released on parole is not deemed confined in a prison for purposes of this chapter.
SEC. 5.Section 1403 of the Welfare and Institutions Code is repealed.1403.This chapter shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
TextPages 4 and 6.|
Date
|
Status
|
|---|---|
| Jun 18, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Oct 5, 2015 | Chaptered by Secretary of State. Chapter 499, Statutes of 2015. |
| Oct 5, 2015 | Approved by the Governor. |
| Sep 3, 2015 | Enrolled and presented to the Governor at 10 a.m. |
| Sep 1, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 1, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2379.) Ordered to engrossing and enrolling. |
| Aug 31, 2015 | Ordered to special consent calendar. |
| Aug 27, 2015 | Read third time. Passed. (Ayes 78. Noes 0. Page 2639.) Ordered to the Senate. |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Senate. |
| Aug 27, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 20, 2015 | Read second time. Ordered to consent calendar. |
| Aug 19, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 19). |
| Jul 15, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 14, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (July 14). |
| Jun 29, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Jun 18, 2015 | Referred to Com. on PUB. S. |
| Mar 10, 2015 | (Corrected March 17). |
| Jun 2, 2015 | Read third time. Passed. (Ayes 40. Noes 0.) Ordered to the Assembly. |
| Jun 2, 2015 | Read third time. Passed. (Ayes 40. Noes 0. Page 1257.) Ordered to the Assembly. |
| Jun 2, 2015 | In Assembly. Read first time. Held at Desk. |
| Jun 1, 2015 | Read second time and amended. Ordered to third reading. |
| May 28, 2015 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 28). |
| May 28, 2015 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1160.) (May 28). |
| May 23, 2015 | Set for hearing May 28. |
| May 11, 2015 | May 11 hearing: Placed on APPR. suspense file. |
| May 1, 2015 | Set for hearing May 11. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 824.) (April 28). Re-referred to Com. on APPR. |
| Mar 20, 2015 | Set for hearing April 28. |
| Mar 19, 2015 | Referred to Com. on PUB. S. |
| Mar 11, 2015 | From printer. May be acted upon on or after April 10. |
| Mar 10, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 1, 2015 | Special Consent #9 SB795 Committee On PUB. S. (Hancock) | Senate Floor |
Passed |
|
| Aug 27, 2015 | SB 795 PUB. S. Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 19, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 14, 2015 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
|
| Jun 2, 2015 | Senate 3rd Reading SB795 Committee On PUB. S. (Hancock) | Senate Floor |
Passed |
|
| May 28, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 11, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SB 795
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 795
Author: Committee on Public Safety
Amended: 7/15/15
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 40-0, 6/2/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 78-0, 8/27/15 (Consent) - See last page for vote
SUBJECT: Public Safety Omnibus
DIGEST: This bill makes technical and corrective changes, as well as non-controversial substantive changes, to various code sections relating to criminal justice.
Assembly Amendments clarify that a person who violates the rules and regulations relating to damage to state park property and state vehicle recreation areas and trail system is guilty of an alternate misdemeanor/infraction and delete a provision in the bill pertaining to strip searches in the county jails.
Existing law:
Requires that when a person is arrested without a warrant, they must be taken without unnecessary delay before the nearest or most accessible magistrate in the county in which the offense is triable with certain specific exceptions. (Pen. Code, § 849.)
Establishes the Interstate Compact for Juveniles (ICJ), which is an interstate commission comprised of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles. These provisions sunsets on January 1, 2016. (Welf. & Institutions Code, § 1403.)
Requires the Department of Parks and Recreation (DPR) to protect the state park system, the state vehicle recreations area and trail system from damage and to preserve the peace therein, and a person who violates the rules and regulations of the DPR is guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment not to exceed 90 days, except that at the time a particular action is commenced, the judge may considering the recommendation of the district attorney, reduce the charged offense from a misdemeanor to an infraction punishable by a fine not less than $10 nor more than $1,000. (Pub. Resources Code, § 5008.)
This bill:
Exempts a person from the requirement that they be taken in front of a magistrate without unreasonable delay, if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery to a magistrate.
Deletes the January 1, 2016 repeal date on the provisions of the interstate compact and would thereby extend the operation of the provisions indefinitely.
Clarifies that a person who violates the rules and regulations relating to damage to state park property and state vehicle recreation areas and trail system is guilty of an alternate misdemeanor/infraction.
Makes other additional non-substantive technical changes.
Comments
This
is the annual public safety omnibus bill. The omnibus bill is
introduced by all members of the Senate Public Safety Committee, and
it is similar to other public safety omnibus bills, introduced in the
past, in that:
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 the introduction of fewer minor bills and has saved the Legislature time and expense over the years.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee:
Annual dues of $37,000 (General Fund) of ICJ will continue indefinitely, and unknown, potential future cost pressure (General Fund) for ongoing ICJ compliance.
Unknown, probably minor savings to local law enforcement in incarceration costs, and minor loss of fine revenue by eliminating the minimum $10 fine.
California District Attorneys Association
OPPOSITION: (Verified 8/27/15)
None received
ASSEMBLY FLOOR: 78-0, 8/27/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, 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, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Atkins
NO VOTE RECORDED: Frazier, Williams
Prepared by: Mary Kennedy / PUB. S. /
8/28/15 14:01:32
**** END ****
Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 795
(Committee on Public Safety) – As Amended July 15, 2015
Policy Committee: |
Public Safety |
Vote: |
7 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill, the public safety omnibus bill:
Deletes the January 1, 2016 repeal date on the provisions of Interstate Compact for Juveniles (ICJ), and would thereby extend the operation of the provisions indefinitely.
Clarifies that a person who violates the rules and regulations relating to damage to state park property, and state vehicle recreation areas and trail system is guilty of an alternate misdemeanor/infraction; and
Makes technical and corrective changes, as well as non-controversial substantive changes, to various code sections relating to criminal justice.
FISCAL EFFECT:
Annual dues of $37,000 (GF) of ICJ will continue indefinitely, and unknown, potential future cost pressure (GF) for ongoing ICJ compliance.
Unknown, probably minor savings to local law enforcement in incarceration costs, and minor loss of fine revenue by eliminating the minimum $10 fine.
COMMENTS:
Purpose/Background. This bill makes a number of technical, conforming, and non-controversial code changes. The most substantive provision repeals the sunset date on the provisions of ICJ, and would thereby extend the operation of the provisions indefinitely.
Also, current law requires the Department of Parks and Recreation (DPR) to protect the state park system, the state vehicle recreations area and trail system from damage and to preserve the peace therein. A person who violates the rules and regulations of the DPR is guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment not to exceed 90 days, except that at the time a particular action is commenced, the judge may consider the recommendation of the district attorney and reduce the charged offense from a misdemeanor to an infraction punishable by a fine not less than $10 nor more than $1,000. SB 795 makes some technical amendments and eliminates the $10 minimum.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
SB 795
Page 2
Date of Hearing: July 14, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB 795
(Committee on Public Safety) – As Amended June 29, 2015
SUMMARY:
Makes technical and corrective changes, as well as non-controversial
substantive changes, to various code sections relating to criminal
justice. Specifically, this bill:
Exempts a person from the requirement that they be taken in front of a magistrate without unreasonable delay, if the person is arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery to a magistrate.
Deletes the January 1, 2016 repeal date on the provisions of the interstate compact and would thereby extend the operation of the provisions indefinitely.
Clarifies that a person who violates the rules and regulations relating to damage to state park property, and state vehicle recreation areas and trail system is guilty of an alternate misdemeanor/infraction.
Makes other additional non-substantive technical changes.
EXISTING LAW:
Requires that when a person is arrested without a warrant, they must be taken without unnecessary delay before the nearest or most accessible magistrate in the county in which the offense is triable with certain specific exceptions. (Pen. Code, § 849.)
Establishes the Interstate Compact for Juveniles, which is an interstate commission comprised of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles. These provisions sunsets on January 1, 2016. (Welf. & Institutions Code, § 1403.)
Requires the Department of Parks and Recreation (DPR) to protect the state park system, the state vehicle recreations area and trail system from damage and to preserve the peace therein, and a person who violates the rules and regulations of the DPR is guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment not to exceed 90 days, except that at the time a particular action is commenced, the judge may considering the recommendation of the district attorney, reduce the charged offense from a misdemeanor to an infraction punishable by a fine not less than $10 nor more than $1,000. (Pub. Resources Code, § 5008.)
FISCAL EFFECT: Unknown
COMMENTS:
Author's Statement: According to the author, "This is the annual public safety omnibus bill. The omnibus bill is introduced by all members of the Senate Public Safety Committee, and it is similar to other public safety omnibus bills, introduced in the past, in that:
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 the introduction of fewer minor bills and has saved the Legislature time and expense over the years."
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association
Opposition
None
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744
SB 795
Page 3
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 795
Author: Committee on Public Safety
Amended: 6/1/15
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Public Safety Omnibus
DIGEST: This bill makes technical and corrective changes to various code sections relating generally to criminal justice laws, as specified.
Existing law:
Provides that when a person is arrested without a warrant, the person must be taken before the nearest accessible magistrate with certain exceptions. (Penal Code § 849)
Provides that when a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substance prior to being placed in a booking cell. (Penal Code § 4030)
Establishes, under the Interstate Compact for Juveniles (ICJ), which sunsets on January 1, 2016, an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles.
This bill:
Adds an exception for a person arrested for a DUI that needs to be taken for medical treatment first.
Allows the use of body scanners when a person is taken into custody.
Deletes the ICJ sunset date.
Makes additional technical changes to ICJ.
Background
This is the annual Senate Committee on Public Safety 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.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
Removal of ICJ sunset: Annual dues of $37,000 (General Fund). Unknown, potential future cost pressure (General Fund) for ongoing ICJ compliance.
Body scanner authorization: Significant future cost pressure (Local/State) to the extent the authorization for the use of body scanners results in future funding for equipment and training.
None received
OPPOSITION: (Verified 5/29/15)
None received
Prepared by: Mary Kennedy / PUB. S. /
6/1/15 14:06:53
**** END ****
SB 795 (Committee on Public Safety) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 795 (Committee on Public Safety) - Public Safety Omnibus
|
|
Version: March 10, 2015 |
Policy Vote: PUB. S. 7 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: May 28, 2015 |
Consultant: Jolie Onodera |
SUSPENSE FILE. AS AMENDED.
Bill Summary:
SB 795, the Public Safety Omnibus bill, would make changes to various code sections relating generally to criminal justice laws, as specified below:
Removes the sunset on the Interstate Compact for Juveniles (ICJ), thereby extending its provisions indefinitely.
Authorizes the use of body scanners when a person is taken into custody.
Adds an additional exception to the requirement to appear before a magistrate prior to release from custody for a person arrested for driving under the influence (DUI) that needs to be taken for medical treatment first.
Makes various other technical changes.
Fiscal Impact (as approved May 28, 2015):
Removal of ICJ sunset: Annual dues of $37,000 (General Fund). Unknown, potential future cost pressure (General Fund) for ongoing ICJ compliance.
Body scanner authorization: Significant future cost pressure (Local/State) to the extent the authorization for the use of body scanners results in future funding for equipment and training.
Background:
Existing law sets forth the Interstate Compact for Juveniles, a multi-state agreement governing the out-of-state placement of juvenile wards and procedures for the return to their home states of juveniles who have run away or absconded. The ICJ, enabled by the Federal Crime Control Act, 4 U.S.C. Section 12 (1965), is authorized and encouraged for cooperative efforts and mutual assistance in the prevention of crime. The original Juvenile Compact was developed in 1955. A new ICJ was written and enacted in 2008 when the threshold of 35 states each ratified the legislation.
Chapter 268/2009 repealed the old compact and authorized the new ICJ in the State until January 1, 2012. The ICJ sunset date has since been extended twice and is set to sunset on January 1, 2016. An Executive Steering Committee (ESC) was convened to review and make recommendations regarding the ICJ, including whether permanent membership in the ICJ would be the most effective and prudent means to address supervision of out-of-state juvenile wards. The Corrections Standard Authority presented the ESC’s final report to the Legislature in January 2011. The report stated it is imperative that all court officers, judges, prosecutors and defense attorneys, and probation and parole personnel who are or may be involved in the interstate movement of juveniles be provided ongoing training in the ICJ provisions.
Existing law establishes a statewide policy strictly limiting strip and body cavity searches of prearrangement detainees arrested for infraction or misdemeanor offenses and of minors detained prior to a detention hearing on the grounds that he or she is alleged to have committed a misdemeanor or infraction offense. Existing law provides that if a person is arrested and taken into custody, that person may be subjected to pat-down searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. (Penal Code § 4030.)
Proposed Law:
This bill makes numerous changes to various code sections relating generally to criminal justice laws, as follows:
Removes the sunset on the ICJ, thereby extending its provisions indefinitely.
Authorizes the use of body scanners when a person is taken into custody.
Adds an additional exception to the requirement to appear before a magistrate prior to release from custody for a person arrested for DUI that needs to be taken for medical treatment first.
Makes various other technical changes.
Related Legislation:
SB 100 (Committee on Budget and Fiscal Review) Chapter 360/2013 extended the ICJ sunset to January 1, 2016.
AB 220 (Solorio) Chapter 356/2011 extended the ICJ sunset from January 1, 2012, to January 1, 2014.
Staff Comments:
The CDCR indicates annual costs for ICJ dues of $37,000 (General Fund). There could be significant future cost pressure related to maintaining compliance with ICJ rules, as there are substantial reporting, data collection and data analysis requirements for ICJ members. The ESC report noted additional staff and an automated system will most likely be needed. Although the Interstate Compact Offender Tracking System (ICOTS) has been established for the Adult Compact, any significant system changes to the system in order to accommodate juvenile data would incur costs that would have to be paid for by the ICJ member states. To the extent the prospective costs of the data system and maintenance would be paid by the Commission through the annual dues paid by member states, there would be significant cost pressure to increase annual dues to members in order to subsidize costs associated with the development of a new data system.
Notwithstanding the potential costs of ICJ membership, there are likely costs to non-participation in the ICJ to the extent non-members are not afforded the legal protections of the Commission and/or individual agreements would need to be drafted with other states.
The provision of this measure authorizing the use of body scanners creates significant future cost pressure to the extent law enforcement agencies utilize this authority and subsequently purchase equipment. While predominantly impacting local law enforcement agencies, staff notes the California Highway Patrol (CHP) is also subject to the provisions of PC § 4030 related to strip searches. While the CHP has indicated they do not have booking facilities, there are facilities that the CHP utilizes that require the CHP to perform a strip search.
Committee amendments (as adopted May 28, 2015): Make the following technical changes:
On page 5, in line 3, strike out “and” and insert “released, shall,”
On page 5, in line 3, strike out “shall”
On page 6, in line 2, delete the word “prearrangement” and insert “prearraignment”
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SB 795 (Committee on Public Safety) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 795 (Committee on Public Safety) - Public Safety Omnibus
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|
Version: March 10, 2015 |
Policy Vote: PUB. S. 7 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: May 11, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 795, the Public Safety Omnibus bill, would make changes to various code sections relating generally to criminal justice laws, as specified below:
Removes the sunset on the Interstate Compact for Juveniles (ICJ), thereby extending its provisions indefinitely.
Authorizes the use of body scanners when a person is taken into custody.
Adds an additional exception to the requirement to appear before a magistrate prior to release from custody for a person arrested for driving under the influence (DUI) that needs to be taken for medical treatment first.
Makes various other technical changes.
Fiscal Impact:
Removal of ICJ sunset: Annual dues of $37,000 (General Fund). Unknown, potential future cost pressure (General Fund) for ongoing ICJ compliance.
Body scanner authorization: Significant future cost pressure (Local/State) to the extent the authorization for the use of body scanners results in future funding for equipment and training.
Background:
Existing law sets forth the Interstate Compact for Juveniles, a multi-state agreement governing the out-of-state placement of juvenile wards and procedures for the return to their home states of juveniles who have run away or absconded. The ICJ, enabled by the Federal Crime Control Act, 4 U.S.C. Section 12 (1965), is authorized and encouraged for cooperative efforts and mutual assistance in the prevention of crime. The original Juvenile Compact was developed in 1955. A new ICJ was written and enacted in 2008 when the threshold of 35 states each ratified the legislation.
Chapter 268/2009 repealed the old compact and authorized the new ICJ in the State until January 1, 2012. The ICJ sunset date has since been extended twice and is set to sunset on January 1, 2016. An Executive Steering Committee (ESC) was convened to review and make recommendations regarding the ICJ, including whether permanent membership in the ICJ would be the most effective and prudent means to address supervision of out-of-state juvenile wards. The Corrections Standard Authority presented the ESC’s final report to the Legislature in January 2011. The report stated it is imperative that all court officers, judges, prosecutors and defense attorneys, and probation and parole personnel who are or may be involved in the interstate movement of juveniles be provided ongoing training in the ICJ provisions.
Existing law establishes a statewide policy strictly limiting strip and body cavity searches of prearrangement detainees arrested for infraction or misdemeanor offenses and of minors detained prior to a detention hearing on the grounds that he or she is alleged to have committed a misdemeanor or infraction offense. Existing law provides that if a person is arrested and taken into custody, that person may be subjected to pat-down searches, metal detector searches, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. (Penal Code § 4030.)
Proposed Law:
This bill makes numerous changes to various code sections relating generally to criminal justice laws, as follows:
Removes the sunset on the ICJ, thereby extending its provisions indefinitely.
Authorizes the use of body scanners when a person is taken into custody.
Adds an additional exception to the requirement to appear before a magistrate prior to release from custody for a person arrested for DUI that needs to be taken for medical treatment first.
Makes various other technical changes.
Related Legislation:
SB 100 (Committee on Budget and Fiscal Review) Chapter 360/2013 extended the ICJ sunset to January 1, 2016.
AB 220 (Solorio) Chapter 356/2011 extended the ICJ sunset from January 1, 2012, to January 1, 2014.
Staff Comments:
The CDCR indicates annual costs for ICJ dues of $37,000 (General Fund). There could be significant future cost pressure related to maintaining compliance with ICJ rules, as there are substantial reporting, data collection and data analysis requirements for ICJ members. The ESC report noted additional staff and an automated system will most likely be needed. Although the Interstate Compact Offender Tracking System (ICOTS) has been established for the Adult Compact, any significant system changes to the system in order to accommodate juvenile data would incur costs that would have to be paid for by the ICJ member states. To the extent the prospective costs of the data system and maintenance would be paid by the Commission through the annual dues paid by member states, there would be significant cost pressure to increase annual dues to members in order to subsidize costs associated with the development of a new data system.
Notwithstanding the potential costs of ICJ membership, there are likely costs to non-participation in the ICJ to the extent non-members are not afforded the legal protections of the Commission and/or individual agreements would need to be drafted with other states.
The provision of this measure authorizing the use of body scanners creates significant future cost pressure to the extent law enforcement agencies utilize this authority and subsequently purchase equipment. While predominantly impacting local law enforcement agencies, staff notes the California Highway Patrol (CHP) is also subject to the provisions of PC § 4030 related to strip searches. While the CHP has indicated they do not have booking facilities, there are facilities that the CHP utilizes that require the CHP to perform a strip search.
Recommended Amendments: Delete the word “prearrangement” in line 2 of page 6, and replace with “prearraignment” – this reverts the language to existing law.
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SB 795 (Committee on Public Safety ) Page 4 of 4
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 795 Hearing Date: April 28, 2015
Author: |
Committee on Public Safety |
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Version: |
March 10, 2015 |
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Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
MK |
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Subject: Public Safety Omnibus
HISTORY
Source: Various
Prior Legislation: SB 1461 (SCoPS)
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
SB 832 (Committee on Public Safety) – Ch. 853, Stats. 1999
SB 1880 (Committee on Public Safety) – Ch. 606, Stats. 1998
Support: Unknown
Opposition: None known
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 when a person is arrested without a warrant, the person must be taken before the nearest accessible magistrate with certain exceptions. (Penal Code § 849)
This bill adds an exception for a person arrested for a DUI that needs to be taken for medical treatment first.
Existing law provides that when a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substance prior to being placed in a booking cell. (Penal Code § 4030)
This bill would also allow the use of body scanners when a person is taken into custody.
Existing law, the Interstate Compact for Juveniles, which sunsets on January 1, 2016, establishes an interstate commission of the compacting states to, among other things, oversee, supervise, and coordinate the interstate movement of juveniles.
This bill deletes the sunset.
This bill makes additional technical changes.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight 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 February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 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).
While significant gains have been made in reducing the prison population, the state now 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. Purpose of This Bill
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. A Person Arrested for DUI Needing Medical Attention
This amendment to Section 849 of the Penal Code (PC) seeks to clarify existing language relating to the release of a person arrested for driving under the influence (DUI) who is injured and requires medical attention.
This amendment would help provide law enforcement officials with clarification of release from custody procedures in situations where a DUI arrestee cannot be booked into jail due to their need for medical attention.
A common occurrence patrol officers experience is when a DUI driver is involved in a traffic collision and requires some type of medical attention. The provisions of Section 849 PC often confuse officers who desire to release a driver lawfully arrested for DUI to the care of the hospital. While the intent of Section 849 PC is to allow the release of an arrestee in this situation, the current statutory language causes confusion.
3. Use of Body Scanners When a Person is Taken Into Custody
There is some concern that although airport-type screenings are permitted for bookings, including authorizing the use of metal detectors and pat down searches, there is no explicit authorization for body scanners. This amendment will authorize the use of body scanners for
bookings, the use of which, arguably, is less intrusive than strip searches and visual body cavity searches.
4. Removal of Sunset on the Interstate Compact for Juveniles
Chapter 4 of the WIC, which includes §1400-1403, codifies the terms, requirements and responsibilities of the Interstate Compact for Juveniles (ICJ), which was adopted into California law by Assembly Bill (AB) 1053 (Solorio) (Chapter 268, Statutes of 2009). When originally enacted, this section also included a sunset which stated that the chapter would only be in effect until January 1, 2012, pending various actions. Since the enactment of the legislation in 2012, the sunset has been extended twice, to 2014 and again to 2016. As many of the requirements of AB 1053 have been met or are in the process of being fulfilled, the sunset is no longer necessary. This proposal would remove the sunset from this section, thereby ensuring California’s permanent membership in this national compact.
5. Technical Changes
This bill makes other technical changes.
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Discussed in Hearing
4MIN
Assembly Standing Committee on Business and Professions
1MIN
Senate Floor
Bill Author
Bill Co-Author(s):