SB 284: Criminal procedure: misdemeanor citations.

Existing law defines various crimes against property, including burglary, theft, and shoplifting. Existing law requires a peace officer, upon arresting a person for a misdemeanor offense, to issue him or her a notice to appear in court and to release the person, unless the individual demands to be taken before a magistrate. Existing law permits a peace officer to not release a person if, among other reasons, the person is so intoxicated that he or she is a danger to himself or herself or others, there are one or more outstanding arrest warrants for the person, or the person cannot provide satisfactory evidence of personal identification.

This bill would also permit a peace officer to not release an individual if he or she was arrested for a misdemeanor violation of various crimes related to burglary, theft, and shoplifting. By increasing the number of persons subject to detention at the county jail, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.