SB 174 California Senate · 2009-2010 Regular Session

Public safety and welfare.

Summary
Existing law provides that a person shall not engage in specified transactions relating to explosives without having received a permit from the appropriate issuing authority. Existing law forbids the authority to inquire with the Department of Justice for a determination of whether the applicant meets specified criteria and should be granted or denied a permit. Existing law forbids the department to disclose the contents of a person's records to any unauthorized person. This bill would provide that if an applicant becomes ineligible to hold a permit, the Department of Justice shall provide to the issuing authority any subsequent arrest and conviction information supporting that ineligibility. Existing law, the Sex Offender Registration Act, provides that every person who is required to register as a sex offender who is living as a transient is required to register for the rest of his or her life, as specified. Any person required to register under the act who willfully violates any requirement of the act is guilty of a misdemeanor or a felony, as specified. This bill would provide that if a transient convicted as a sex offender in another jurisdiction enters the state, he or she shall register within 5 working days of coming into California with the chief of police of the city in which he or she is present or the sheriff of the county if he or she is present in an unincorporated area or city that has no police department. This bill would impose a state-mandated program on local government by expanding the scope of an existing crime and requiring additional administration by local agencies. Existing law requires the Department of Justice to make reports to the Legislature regarding specified provisions of the Sex Offender Registration Act. This bill would delete those reporting provisions. Existing law specifies persons who are peace officers whose authority extends to any place in the state. This bill would state that the Chief Assistant Inspector General, Deputy Inspector General In Charge, Senior Assistant Inspector General, and Special Assistant Inspector General are included within the group of persons who are peace officers whose authority extends to any place in the state. Existing law includes a county jail within the term "treatment facility" for purposes of administering antipsychotic medication pursuant to a court order, as specified. Under existing law, that provision is repealed as of January 1, 2010, unless another statute deletes or extends that date. This bill would extend that repeal date to January 1, 2015. Existing law establishes the Office of the Inspector General for the purpose of conducting audits and investigations of the Department of Corrections and Rehabilitation, as specified. Under existing law, the Department of Corrections and Rehabilitation is required to establish a certification program for investigators under the jurisdiction of the Inspector General, in consultation with the Commission on Correctional Peace Officer Standards and Training and the Inspector General, as specified. Existing law generally regulates the employment requirements and training requirements for investigators under the jurisdiction of the Office of the Inspector General. This bill would, instead, require the Inspector General to establish a certification program for peace officers under the jurisdiction of the Inspector General. This bill would require that the peace officer training course shall be consistent with the standard course used by the Commission on Peace Officer Standards and Training, as specified. This bill would also require peace officers under the jurisdiction of the Inspector General who conduct investigations for the Inspector General to complete an investigation training consistent with standard courses used by other major law enforcement investigative offices, as specified. This bill would require all peace officers under the jurisdiction of the Inspector General to successfully pass a psychological screening exam before becoming employed with the Office of the Inspector General, as specified. Existing law excludes certain books, papers, records, and correspondence of the Office of the Inspector General from disclosure requirements for public records. Existing law also excludes those books, papers, records, and correspondence from the requirements of certain civil subpoenas, as specified. This bill would, in addition, exclude any papers, correspondence, memoranda, electronic communications, or other documents pertaining to contemporaneous public oversight by the Inspector General from those requirements. This bill would also exclude all of the specified books, papers, records, and correspondence from the disclosure requirements relating to proceedings relating to an adverse action taken against a state civil servant, as specified. This bill would also make various technical, nonsubstantive, and clarifying changes to provisions related to the Office of the Inspector General, as specified. Existing law requires a person applying to be a fingerprint roller to have his or her application notarized. This bill would delete this requirement. Existing law requires the Department of Justice to provide to the Governor a printed annual report containing criminal statistics, as specified. This bill would delete the requirement that the report be printed. Existing law authorizes a person to make a deposit and declare his or her intent to plead not guilty to an infraction for which the person has received a written notice to appear, as specified. This bill would state that a deposit of bail made pursuant to that provision does not constitute entry of a plea or a court appearance and that the plea must be made in court at the time of arraignment. This bill would also make various technical, nonsubstantive, and clarifying changes to provisions related to, among other things, junk dealers, real estate fraud, sex offenders and their victims, criminal offender records and juvenile police records, and weapons. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status signed all 5 stages cleared
Introduction
Feb 2009
Committee Review
Jul 2009
Senate Passage
May 2009
Assembly Passage
Jul 2009
Signed into Law
Aug 2009
Introduced Feb 14, 2009 Signed Aug 6, 2009
Floor votes · Senate May 26, 2009 · Assembly Jul 9, 2009

How they voted

39–0
Passed
Total votes 39
May 26, 2009
D Democratic24
24 Yea
100% Yea
R Republican15
15 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
3
Committee
6
Amendments
1
Aug 5, 2009
Signed into law
Approved by Governor.
Jul 9, 2009
Assembly · Passed
Assembly Vote: pass (68-0-5)
Jul 2, 2009
Assembly · Reported by committee
(Heard in committee on July 1.)
Jul 2, 2009
Assembly · Reported by committee
From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.)
Jun 23, 2009
Assembly · Reported by committee
(Heard in committee on June 23.)
Jun 23, 2009
Assembly · Referred to committee
From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.
May 26, 2009
Senate · Passed
Senate Vote: pass (39-0)
May 19, 2009
Senate · Reported by committee
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
May 5, 2009
Senate · Referred to committee
Read second time. Amended. Re-referred to Com. on APPR.
May 4, 2009
Senate · Amendment adopted
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 704.)
Feb 14, 2009
Senate · Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.