SB 1474 California Senate · 2015-2016 Regular Session

Public Safety Omnibus.

Summary
(1) Existing law requires that persons required to register as sex offenders be subject to assessment by the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) , as specified. Existing law requires the Department of Corrections and Rehabilitation and the State Department of State Hospitals to perform a risk assessment of every eligible person under their jurisdiction, as specified, requires those departments to send the scores obtained in accordance with those provisions to the Department of Justice Sex Offender Tracking Program not later than 30 days after the date of the assessment, and requires that the risk assessment score of an offender be made part of his or her file maintained by the Department of Justice Sex Offender Tracking Program as soon as possible without financial impact. Existing law requires the State Department of State Hospitals to provide to the Department of Justice Sex Offender Tracking Program the names of all persons committed to its custody pursuant to specified provisions of law within 30 days of commitment, and requires that department to provide the names of all of those persons released from its custody within 5 working days of release. Existing law requires the probation department to compile and include in the probation officer's report a Facts of Offense Sheet for every person convicted of an offense that requires him or her to register as a sex offender, as specified. Existing law requires the probation officer to send a copy of the Facts of Offense Sheet to the Department of Justice High Risk Sex Offender Program within 30 days of the person's sex offense conviction, and requires that the Facts of Offense Sheet be made part of the registered sex offender's file maintained by the Sex Offender Tracking Program. This bill would delete the references to the Department of Justice Sex Offender Tracking Program and the Department of Justice High Risk Sex Offender Program from the provisions described above, and would instead include references to the Department of Justice in those provisions. (2) Existing law provides that certain persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest, as specified, including, among others, the Chief of the Bureau of Fraudulent Claims of the Department of Insurance and those investigators designated by the chief. This bill would delete the reference to the chief and those investigators designated by him or her and would instead specify that the Deputy Commissioner, Enforcement Branch of, or the Fraud Division Chief of, the Department of Insurance and those investigators designated by the deputy or the chief, are peace officers, as specified. (3) Existing law authorizes probation, which is a period of time when a defendant is released from incarceration and is subject to specified conditions and supervision by county probation authorities. Existing law requires the probation officer, at the time of the plea or verdict of guilty of a person over 18 years of age, to make a report to the court, as specified, recommending for or against the person's release on probation. Existing law requires the probation officer, if the person is released on probation, to keep a complete and accurate record of the supervision of the person, as specified. Existing law makes this record part of the court records and requires it to be open to inspection by the court or any person appointed by the court. Existing law requires the probation officer's record to be paid for out of the county treasury. This bill would expand access to the probation officer's record to anyone allowed access by order of the court, or other probation agencies. The bill would delete the requirement that the probation officer's record be paid for out of the county treasury. The bill would make additional conforming changes. (4) Existing law authorizes, in those counties where the local agencies have consented with the marshal's office or the sheriff's office to participate, a criminal subpoena requiring a peace officer as a witness to be served by sending a copy by electronic means to the peace officer's immediate superior or an agent designated by the immediate superior to receive the service. Existing law requires the peace officer's immediate superior or the designated agent to acknowledge receipt of the subpoena by telephone or electronic means if service is made by electronic means. This bill would also authorize a criminal subpoena to be served by electronic means in counties that have consented to participate with the district attorney's office and would allow electronic service to be made by sending a copy to the peace officer personally. The bill would also permit the peace officer to acknowledge receipt of the subpoena if service is made by electronic means. (5) Existing law authorizes a court, upon receiving information that a prosecuting attorney may have deliberately and intentionally withheld relevant or material exculpatory evidence or information in violation of law, to make a finding, supported by clear and convincing evidence that a violation occurred. This bill would instead authorize a court to make that finding upon receiving information that a prosecuting attorney deliberately and intentionally withheld relevant, material exculpatory evidence or information in violation of law. (6) Existing law requires that each victim of sexual assault who consents to an examination for the collection of evidence shall have collected, except where he or she specifically objects, among other things, swabs and slides from specified locations to determine the presence or absence of sperm and sperm motility, and for genetic marker typing. Existing law also requires that those victims of sexual assault, except when he or she specifically objects, have reference specimens collected, including, for example, pubic and head hair, blood, and saliva for genetic marker testing. This bill would instead specify that the swabs and slides would be taken to determine the presence or absence of semen and that reference specimens include, for example, pubic and head hair, blood, and saliva for DNA comparison and analysis. The bill would also authorize reference specimens to be collected at a later time. (7) Existing law requires a traffic officer on duty for the exclusive or main purpose of enforcing specified provisions of the Vehicle Code relating to accidents and accident reports and rules of the road to wear a full distinctive uniform, and if the officer uses a motor vehicle while on duty, requires the vehicle to be painted a distinctive color specified by the Commissioner of the California Highway Patrol. This bill would delete the requirement that the motor vehicle be painted, but would continue to require the vehicle be a distinctive color. (8) Existing law requires that juvenile ranches, camps, or forestry camps be under the charge of a superintendent or director, authorizes those facilities to be established in conjunction with the probation department, or in any manner determined by the county board of supervisors, and requires the superintendent or director and other persons employed at those facilities to be appointed by the probation officer, subject to confirmation by the board of supervisors, of the county establishing the facilities. This bill would repeal those provisions.
Bill status signed all 5 stages cleared
Introduction
Feb 2016
Committee Review
Jun 2016
Senate Passage
Apr 2016
Assembly Passage
Jun 2016
Signed into Law
Jul 2016
Introduced Feb 29, 2016 Signed Jul 1, 2016
Floor votes · Senate Apr 28, 2016 · Assembly Jun 23, 2016

How they voted

37–0
Passed · 3 other
Total votes 40
Apr 28, 2016
D Democratic26
25 Yea 1
96% Yea
R Republican14
12 Yea 2
85% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
5
Committee
5
Jul 1, 2016
Signed into law
Approved by the Governor.
legislature
Jun 23, 2016
Assembly · Passed
Assembly Vote: pass (77-0-1)
assembly
Jun 15, 2016
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0.) (June 14).
lower
May 5, 2016
Committee
Referred to Com. on PUB. S.
lower
Apr 28, 2016
Senate · Passed
Senate Vote: pass (37-0-3)
senate
Apr 20, 2016
Upper · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0. Page 3615.) (April 19).
upper
Apr 7, 2016
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Mar 10, 2016
Committee
Referred to Com. on PUB. S.
upper
Feb 29, 2016
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.