Public Safety Omnibus.
Summary
(1) Existing law sets forth timelines for the retention of court records. This bill would correct an erroneous cross-reference in these provisions. (2) Existing law defines the crime of unlawful oral copulation and provides punishments for violating the crime. This bill would renumber that provision and make conforming changes. (3) Existing law prohibits, except as specified, a person sentenced to imprisonment in a county jail from being administered any psychiatric medication without his or her prior informed consent. This bill would delete duplicative language in that provision. (4) Existing law requires a probation officer, under certain circumstances, to immediately refer a juvenile offender for criminal prosecution. This bill would delete an obsolete cross reference from this provision and make conforming changes. (5) Existing law, upon the demand of a peace officer or traffic collision investigator, requires a person who drives a motor vehicle upon a highway to provide evidence of financial responsibility for the vehicle, as specified. This bill would correct erroneous cross-references in related provisions. (6) Existing law authorizes, with exceptions, a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of records relating to the person's case. Existing law permits the petition to be filed 5 years or more after the jurisdiction of the juvenile court has terminated or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or at any time after the person reaches 18 years of age. This bill would make a technical, nonsubstantive change to those provisions. (7) Existing law authorizes the Department of Corrections and Rehabilitation to contract with a private debt collection agency or with the Franchise Tax Board, whichever is more cost-effective, to make collections, on behalf of a victim, from parolees who have failed to make restitution payments according to the terms and conditions specified by the department. Existing law requires, if a debt is referred to a private collection agency or to the Franchise Tax Board pursuant to this provision, either the department, in a specified manner, or the parole officer to provide notice of that fact to the parolee. This bill would make these provisions applicable to any person who is or has been under the jurisdiction of the department and who has failed to make restitution payments. The bill would additionally authorize the private debt collection agency to provide the notice, in writing, to the debtor that a debt has been referred to a private debt collection agency or the Franchise Tax Board. The bill would also make technical changes. (8) Existing law requires the Commission on Peace Officer Standards and Training, whenever a peace officer holding a certificate issued by the commission is determined to be disqualified from holding office or being employed as a peace officer for any of specified reasons, including a felony conviction, and the person has exhausted or waived his or her appeal from the conviction or finding that forms the basis for or accompanies the disqualification, to enter in the commission's training record for that person a specified notice of ineligibility to be a peace officer in California. This bill would remove the requirement that the person has exhausted or waived his or her appeal before the commission is required to enter the notice of ineligibility. The bill would make conforming changes to related provisions. Existing law requires, after the time for filing a notice of appeal has passed, or where the remittitur has been issued following the filing of a notice of appeal, in a criminal case establishing the ineligibility of a person to be a peace officer, the commission to reinstate a person's basic certificate in the event a conviction of the offense requiring or accompanying ineligibility is subsequently overturned or reversed by the action of a court of competent jurisdiction. This bill would remove the requirement on the commission to reinstate the basic certificate, and would instead require the person to notify the commission in writing and provide documentation of the court's action. Existing law requires, upon request of a person who is eligible for reinstatement due to successful completion of probation for a drug possession offense, as specified, the court to notify the commission of the successful completion and the misdemeanor nature of the person's conviction. Existing law requires the commission to thereupon reinstate the person's eligibility. This bill would remove the requirement on the court to notify the commission and would instead require the person to provide court documentation that he or she had eligibility restored. The bill would instead require the commission to remove the notation of ineligibility in the commission's training record for that person. (9) Existing law prohibits a person from making an application to purchase more than one handgun within any 30-day period, with exceptions, including, when replacing a handgun that was lost or stolen, if the person reported the lost or stolen firearm to a law enforcement agency. This bill would make a technical, nonsubstantive change to those provisions. (10) This bill would provide that any section of any act enacted by the Legislature during the 2018 calendar year that takes effect on or before January 1, 2019, and affects any section of this act, would prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2018
Committee Review
Aug 2018
Senate Passage
May 2018
Assembly Passage
Aug 2018
Signed into Law
Sep 2018
Introduced Feb 22, 2018
Signed Sep 14, 2018
Floor votes · Senate Aug 24, 2018 · Assembly Aug 23, 2018
How they voted
39–0
Passed · 1 other
Total votes 40
Aug 24, 2018
D
Democratic26
100% Yea
R
Republican14
92% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
9
Committee
8
Amendments
1
Sep 14, 2018
Signed into law
Approved by the Governor.
legislature
Aug 24, 2018
Senate · Passed
Senate Vote: pass (39-0-1)
senate
Aug 24, 2018
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5694.) Ordered to engrossing and enrolling.
upper
Aug 23, 2018
Assembly · Passed
Assembly Vote: pass (72-0-5)
assembly
Aug 23, 2018
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 15, 2018
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 15).
lower
Jun 19, 2018
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on APPR.
lower
May 25, 2018
Committee
Referred to Com. on PUB. S.
lower
May 14, 2018
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
May 2, 2018
Upper · Passed
May 7 hearing postponed by committee.
upper
Apr 25, 2018
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 4820.) (April 24). Re-referred to Com. on APPR.
upper
Mar 8, 2018
Committee
Referred to Com. on PUB. S.
upper
Feb 22, 2018
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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