"Bills Signed and Vetoed in 1997"
SENATE COMMITTEE ON PUBLIC SAFETY
1997 BILL SUMMARY
Measures Signed and Vetoed
MEMBERS
Senator John Vasconcellos, Chair
Senator Richard Rainey, Vice Chair
Senator John Burton
Senator Quentin Kopp
Senator Bruce McPherson
Senator Richard Polanco
Senator Adam Schiff
Senator Diane Watson
STAFF
Simon Haines, Chief Counsel;
Alison Anderson, Mary Kennedy, Les Kleinberg, Counsels;
Kara Ueda, Heather Candy, Consultants;
Janet Sakata, John Mello, Committee Assistants
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October 1997
I asked the staff of the Senate Committee on Public Safety to prepare this summary of bills sent to the Governor in 1997 pertaining to the Committee’s subject-matter jurisdiction. It is my hope that this compilation of public safety legislation will facilitate access to the new laws which were enacted this year. Most of the new laws will take effect on January 1, 1998.
Measures vetoed by the Governor are included to note the disparate view on some issues between the Legislature and the Governor. Moreover, most vetoed bills are reintroduced in one form or another in subsequent years.
The Senate Committee on Public Safety considered the largest number of bills of any Senate policy committee. That workload is a reflection of the continuing interest and concern about issues pertaining to the criminal justice system in California.
The Committee began this year's work with two days of joint hearings on the "State of Public Safety," "The State of Incarceration in California: State and Local Systems" and "Can We Achieve Real Public Safety Through Prevention and Incarceration?" Those hearings set the framework for the deliberations on the numerous legislative proposals which were considered this year. The measures in this summary reflect an effort to keep faith with the testimony presented at those hearings.
All of the measures included in this summary are available from a variety of sources. Copies of chaptered bills may be requested at no cost from the Legislative Bill Room, State Capitol, Room B-32, Sacramento, CA 95814 or by calling (916) 445-2323. Copies of vetoed bills are available until February, 1998. In addition, the Legislative Data Center maintains a website where all of these bills and relevant analyses are available: http://www.leginfo.ca.gov/bilinfo.html.
I hope this legislative summary is useful to you as you prepare for 1998.
I wish you well -
JOHN VASCONCELLOS
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Senate Committee on Public Safety
Table of Contents
(Urgency Measures Denoted by *.)
EDITOR'S NOTES
I. CHILD ABUSE AND NEGLECT
SB 1092 (Lockyer): VETOED: Victims of Crime.
AB 1065 (Goldsmith): Chapter 844: Child Abuse Reports: Dependent Children.
AB 1536 (Wright): Chapter 24: Child Abuse and Neglect: Reports.
II. CONTROLLED SUBSTANCES
*SB 3 (Leslie): Chapter 714: Controlled Substances: Gamma-Hydroxybutyrate.
SB 131 (Kopp): Chapter 6: Vehicles: Controlled Substances.
SB 457 (Costa): Chapter 241): Controlled Substances: Forfeitures.
*AB 6 (Bowler): Chapter 560: Controlled Substances: Gamma-Hydroxybutyrate.
*AB 74 (Bowler): Chapter 5: Vehicles: Driver's Licenses: Controlled Substances.
AB 513 (Hertzberg): Chapter 505: Controlled Substances.
AB 904 (Miller): Chapter 553: Controlled Substances: Penalties.
AB 1173 (Olberg): Chapter 397: Controlled Substances.
III. CORRECTIONS
Local Corrections
SB 136 (Costa): Chapter 684: Jails: Gassing.
SB 931 (Schiff): VETOED): The Board of Corrections: Membership.
AB 177 (Goldsmith): Chapter 830: Board of Corrections: Composition.
Parole/Probation
AB 133 (Scott): Chapter 160: Crimes: Probation.
AB 139 (Poochigian): Chapter 101: Inmate Release: Notification.
AB 273 (Sweeney): Chapter 134: Counseling Programs: Payment.
AB 520 (Brown): VETOED: Probation Officers: Training: Domestic Violence.
AB 1275 (Baca): Chapter 680: Parole: Law Enforcement Automated Data System
(LEADS).
Prisons and Prisoners
*SB 283 (Leslie): Chapter 942: Prisons: Crimes.
SB 386 (Peace): VETOED: Department of Corrections: Administration: Repeat
Juvenile Offenders.
SB 434 (Kopp): VETOED: Media Access to Prisoners.
SB 475 (Polanco): VETOED: Prisons: Cells.
SCR 16 (Polanco): Resolution Chapter 15: Joint Legislative Committee on Prison
Construction and Operations.
AB 29 (Villaraigosa): Chapter 751: Prisoners: Medical Release.
AB 500 (Ashburn): Chapter 468: Prisons: Federal Contracts.
AB 875 (Takasugi): Chapter 643: Community Correctional Centers.
AB 995 (Pacheco): Chapter 591: Battery: Gassing.
AB 1378 (Prenter): Chapter 868: Prison Construction: Mitigation Costs.
IV. COURT HEARINGS AND PROCEDURES
Bail
SB 641 (Polanco): Chapter 557: Pretrial Release: Failure to Appear.
AB 620 (Baugh): Chapter 441: Criminal Records: Dissemination.
AB 728 (Bowler): Chapter 34: Bail: Serious Felonies.
Criminal Procedure
SB 123 (Peace): Chapter 279: Criminal Procedure.
SB 443 (Johnson & Burton): VETOED: Electronic Tracking Devices.
SB 688 (Ayala): Chapter 355: Electronic Surveillance
SB 721 (Lockyer): Chapter 750: Sentencing: Enhancements.
SB 726 (Kopp): Chapter 541: Criminal Procedure.
SB 914 (Brulte): Chapter 410: Criminal Procedure: Sentencing: Arraignment.
SB 925 (Ayala): Chapter 128: Criminal Procedure: Probation Reports.
SB 1146 (Schiff): Chapter 95: Criminal Procedure.
AB 79 (Granlund): Chapter 133: Criminal Procedure: Return of Property.
AB 207 (Frusetta) Chapter 498: Criminal Procedure.
AB 216 (Wayne): Chapter 255: Criminal Procedure.
AB 249 (Cunneen): Chapter 19: Criminal Procedure.
AB 350 (Firestone): Chapter 169: Stalking: Emergency Protective Order.
AB 356 (Figueroa): Chapter 347: Court Orders.
AB 618 (Cardenas): VETOED: Bench Warrants: Reporting.
Fees, Fines and Forfeitures
SB 150 (Kopp): Chapter 527: Restitution.
AB 211 (Baca): Chapter 47: Booking Fees.
AB 233 (Escutia & Pringle): Chapter 850: Trial Courts: Funding.
AB 1132 (Alby): Chapter 266: Restitution.
Judges, Jurors and Witnesses
SB 940 (Leslie): Chapter 500: Crimes: Intimidation of Witnesses and Victims.
AB 127 (Morrow): Chapter 509: Jury Selection.
AB 163 (Baugh): Chapter 22: Grand Juries.
AB 856 (Hertzberg): Chapter 507: Crime Prevention: Witness Protection Program.
V. DEATH PENALTY/CAPITAL CASES
SB 513 (Lockyer): Chapter 869: Appellate Representation: State Public Defender: California Habeas Resource Center.
AB 566 (McClintock): Chapter 100: Death Penalty.
VI. DOMESTIC VIOLENCE
SB 97 (Alpert): Chapter 243: Civil Compromise.
SB 115 (Burton): Chapter 18: Civil Compromise.
SB 215 (Alpert): Chapter 69: Criminal Procedure.
*SB 350 (Lee): Chapter 9: Violence Against Women Act: Appropriation of Funds.
AB 42 (Murray): VETOED: Protective Orders: Penalties.
AB 45 (Murray): Chapter 847: Domestic Violence: Restraining Orders/Bail.
AB 102 (Cunneen & Kuehl): Chapter 848: Sentencing: Aggravation: Minors and Pregnant Women.
AB 200 (Kuehl): Chapter 849: Child Custody.
AB 340 (Alby): Chapter 48: Domestic Violence: Protective Orders.
VII. EMPLOYMENT: BACKGROUND CHECKS (Not Regarding Firearms)
*SB 327 (Greene): Chapter 105: Criminal History Information: Access by Public Housing Authority.
SB 468 (Rainey): Chapter 453: Community Care Facilities: Placement with Relatives.
SB 1302 (Leslie): Chapter 586: Employees: Criminal History Information.
AB 747 (Alby): Chapter 617: Care Facilities.
AB 753 (Escutia): Chapter 843: Child Care: Trustline Registration System.
*AB 1610 (Ortiz): Chapter 588: School Employees.
*AB 1612 (Alby): Chapter 589: School Employees.
VIII. FIREARMS AND DANGEROUS WEAPONS
SB 146 (Johnston): Chapter 408: Firearms: Licenses.
*SB 243 (Peace): Chapter 452: Security Services: Concealed Firearms
SB 500 (Polanco): VETOED: Firearms: Nonsporting Handguns.
SB 853 (Schiff): Chapter 908: Firearms.
AB 78 (Granlund): Chapter 158: Firearms: Transporting Exemption.
AB 202 (Scott): Chapter 593: Destructive Devices.
AB 210 (Hertzberg): Chapter 302: Explosive Devices.
AB 304 (Scott): Chapter 459: Firearms.
AB 477 (Leonard): Chapter 260: Explosives: Incendiary Devices.
AB 488 (Scott): VETOED: Firearms.
AB 491 (Keeley): Chapter 460: Firearms: Criminal Storage.
AB 689 (Bowler): Chapter 235: Firearms.
AB 991 (Shelley & Perata): Chapter 462: Firearms.
AB 1124 (Aroner): VETOED: Firearms: Trigger Locks.
AB 1221 (Aroner): Chapter 463: Firearms: Ammunition and Reloaded Ammunition.
AB 1468 (Runner): Chapter 744: Concealed Firearms: Reserve or Auxiliary Peace Officers.
IX. GANGS
SB 547 (Watson): VETOED: California Gang Prevention Director.
SB 941 (Leslie): Chapter 499: Hearsay Evidence: Gang Related Crimes.
SB 980 (Hayden): VETOED: Crime Prevention: Peace Process Task Force.
*AB 853 (Hertzberg): Chapter 506: Community Law Enforcement and Recovery Demonstration Project.
X. HATE CRIMES
AB 51 (Murray): Chapter 740: Hate Crimes.
XI. HUMANE OFFICERS AND ANIMALS
SB 196 (Knight): Chapter 422: Animal Abuse.
AB 739 (Machado): Chapter 771: Fish and Game: Penalties.
XII. JUVENILE JUSTICE
SB 93 (Ayala): VETOED: Youthful Offenders: Youth Authority.
*SB 238 (Haynes): Chapter 478: Juveniles: Costs of Support.
SB 388 (Karnette): Chapter 341: Confidentiality.
SB 483 (Schiff): Chapter VETOED: Department of Juvenile Justice.
SB 526 (Hayden): Chapter 907: Youth Authority: Tattoo Removal.
SB 590 (Johnson): Chapter 125: Minors: County Juvenile Facilities.
SB 668 (Vasconcellos): VETOED: Juvenile Justice.
SB 1050 (Alpert): Chapter 909: At-Risk Youth: Early Intervention.
SB 1058 (Schiff): Chapter 130: Juvenile Offenders: Release of Names.
*SB 1095 (Lockyer): Chapter 340: At Risk Youth: School Based Prevention and Intervention.
SB 1195 (Schiff): Chapter 910: Victim Rights.
SB 1204 (Schiff): Chapter 281: Youth Mentoring.
SB 1221 (Schiff): VETOED: Parole/Probation Pilot Project.
*AB 320 (Goldsmith): Chapter VETOED: Juveniles.
AB 369 (Baca): Chapter VETOED: Juvenile Detention.
AB 622 (Miller): Chapter 348: Arrest.
AB 640 (Aguiar): Chapter 678: San Bernardino County: High School Academies.
AB 688 (Bowler): Chapter 143: Firearms: Juveniles.
AB 761 (McClintock): Chapter 903: Youths: Juvenile Court Proceedings.
AB 963 (Keeley): Chapter 885: Youth: Crimes: Violence.
AB 1105 (Hertzberg): Chapter 679: Minors: Expedited Youth Accountability Program.
AB 1152 (Poochigian): Chapter 267: Electronic Monitors.
AB 1325 (Bordonaro): Chapter 447: Arrest.
XIII. PEACE OFFICERS
SB 57 (Ayala): Chapter 464: Disarming an Officer.
SB 145 (Burton): VETOED: Public Safety Officers: Lawful Exercise of Rights.
SB 282 (Leslie): Chapter 111: Police: Radio Transmission: Interference.
*SB 366 (Hughes): Chapter 117: Commission on Peace Officer Standards and Training.
SB 786 (Knight): Chapter 127: Reserve or Auxiliary Officers.
SB 951 (Johnson): Chapter 670: Peace Officers: Franchise Tax Board.
*SB 1224 (Kopp): Chapter 465: 2nd Degree Murder of a Peace Officer.
AB 433 (Hertzberg): Chapter 170: County Investigators: Auditor-Controller or Director of Finance.
AB 445 (Pacheco): Chapter 412: Attempted Murder: Peace Officer/Firefighter.
AB 446 (Pacheco): Chapter 413: 2nd Degree Murder of a Peace Officer.
AB 870 (Hertzberg): Chapter 444: Elder Abuse: Law Enforcement Training.
AB 979 (Leach): Chapter 23: Boating Under the Influence: Arrest.
*AB 1308 (Cardenas): Chapter 446: Peace Officers.
AB 1398 (Oller): Chapter 33: Peace Officers: Washoe Tribal Law Enforcement Officers.
AB 1436 (Cardoza): Chapter 148: Public Safety Officers: Procedural Bill of Rights.
XIV. SEX OFFENSES
Children and Minors
AB 181 (Kuykendall): Chapter 590: Crimes: Seduction of Minors: Electronic Mail.
AB 327 (Havice): Chapter 83: Sexual Assault.
General
SB 186 (Solis): Chapter 109: Crimes: Sentence Enhancements: Attempted Sex Offenses.
SB 314 (Ayala): Chapter 819: Sex Offenders: Registration.
SB 882 (Schiff): Chapter 820: Sex Offenders: Registration.
SB 939 (Schiff): Chapter 207: Sex Offenders.
SB 1078 (Lockyer): Chapter 822: Sex Offenses.
AB 213 (Wildman): Chapter 80: Sex Offenders: Registration.
*AB 290 (Alby): Chapter 821: Sex Offenders: Registration: Release of Information.
*AB 700 (Alby): Chapter 29: Sex Offenses: Statute of Limitation.
AB 729 (Bowler): Chapter 61: Probation and Parole.
AB 793 (House): Chapter 371: Sex Offenders: Sentence Enhancements.
*AB 807 (Scott): Chapter 846: Sexual Assault: Victim's Support.
AB 1303 (Miller): Chapter 818: Sex Offenders: Registration.
XV. VEHICLE OFFENSES/DMV
SB 171 (Knight): VETOED: Vehicles: Department of Motor Vehicles: Records: Confidentiality.
SB 720 (Lockyer): Chapter 587: Vehicles: Registration Fee: Fingerprint Identification.
SB 1177 (Johnson): Chapter 493: Vehicles: Driving Under the Influence: Probation.
AB 130 (Battin): Chapter 901: Vehicles: Driving Under the Influence: Repeat Offenses
AB 662 (Hertzberg): Chapter 743: Vehicles: Evading a Peace Officer.
AB 827 (Thomson): Chapter 709: Safety Enhancement-Double Fine Zones.
XVI. VICTIMS
AB 152 (Morrow): Chapter 902: Victim's Rights.
XVII. GENERAL CRIMES
SB 4 (Kopp): Chapter 379: Trespass: Punishment.
SB 16 (Knight): Chapter 212: Crime: Terrorizing.
SB 122 (Alpert): Chapter 185: Adoption.
SB 631 (Burton): Chapter 354: Crimes: Illegal Slugs and Tokens.
SB 1238 (Johannessen): Chapter 698: Sentence Enhancement: Elder and Dependent Adult Abuse.
AB 4 (Bordonaro): Chapter 503: Sentencing: Firearms: "10-20-Life"
AB 59 (Brown): Chapter 817: Crimes: Kidnapping.
AB 99 (Runner): Chapter 741: Body Piercing.
AB 115 (Havice): Chapter 504: Sentencing.
AB 143 (Cunneen): Chapter 161: Crimes: Receiving Stolen Property.
AB 149 (Runner): Chapter 592: Crimes: Battery: Punishment.
AB 156 (Murray): Chapter 768: Personal Information: Credit Reporting Agencies: Identity Theft. 121
AB 195 (Murray): Chapter 578: Money Laundering: Financial Institutions.
AB 293 (Cunneen): Chapter 551: Crimes: Economic Crime Act of 1992: Sentence Enhancement: Destruction of Property.
AB 298 (Murray): Chapter 303: Recording or Audiovisual Work.
AB 308 (Leonard): Chapter 718: Commercial Bribery: Real Estate Sales.
AB 685 (Wayne): Chapter 209: Crimes: Detention Facilities.
AB 946 (Washington): Chapter 305: Crimes: Battery: Operators of Public Transit Vehicles.
AB 950 (Davis): Chapter 237: Disorderly Conduct: Subsequent Offense.
AB 1015 (Knox): VETOED: Occupational Safety and Health: Willful Violations: Penalties.
AB 1127 (Knox): Chapter 554: Telecommunications Equipment.
AB 1390 (House): Chapter 448: County Recorders.
XVIII. MISCELLANEOUS (CRIMES NOT IN PENAL CODE)
SB 198 (Kelley): Chapter 110: Tobacco: Minors.
SB 949 (Schiff): Chapter 206: Public Officials and Candidates.
XIX. MISCELLANEOUS
SB 438 (Johnston): Chapter 906: High Technology Theft Apprehension and Prosecution Program: Asset Forfeiture: Telecommunications Devices.
SB 788 (Burton): VETOED: Pawnbrokers.
SB 871 (Senate Committee on Public Safety): Chapter 324: Crimes.
SB 1077 (Schiff): Chapter 456: Elections: Voters: Registration.
AB 711 (Ackerman): Chapter 369: Check Cashiers: Permits.
AB 783 (Brown): VETOED: Alcoholic Beverages: Alcoholic Beverage Control Special Enforcement and Training Fund.
AB 920 (Davis): Chapter 931: California Forensic Science Laboratory Enhancement Program.
*AB 1584 (Prenter & Cardoza): Chapter 289: Local Funding.
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EDITOR'S NOTES
Committee name change - On March 28, 1997 the committee's name was changed from Criminal Procedure to Public Safety. Committee actions and entries in the Senate History which predate this change will still reflect the previous designation.
Categorization of bills - Many of the bills in this summary could fall under several different subject headings, but have been limited to one category in the interest of brevity. It is therefore hoped that anyone wishing to find all of the bills of interest to them may simply skim the entire document to identify any new laws. In addition, those who focus on specific code areas may skim the Table of Sections Affected.
Previous votes not relevant - refers to the committee/floor votes of a prior version of the measure which are not included in this summary. The votes that are shown in each bill summary refer to the committee/floor votes of the signed or vetoed measure. Simply put, the prior version of the measure was substantially amended (gutted) and replaced with new language. The measure number remains the same, but generally, the replacement language differs greatly from the measure's prior language. Thus a vote on a prior version of the bill does not provide useful information in determining the action of the Legislature on the enacted or vetoed version of the measure.
Effective date of bills - effect of urgency clause - Article IV, Section 8(c) of the California Constitution provides that " . . . a statute enacted at a regular session shall go into effect on January 1 next following a 90-day period from the date of enactment of the statute" and "urgency statutes shall go into effect immediately upon their enactment." Regardless of the date a bill takes effect, some measures do have a delayed "operative" date for all or part of the measure; that is most common when a start-up period may be useful in order to prepare for the measure's impact.
Contingent measures - Some bills have language added which makes them operative, if enacted, only if another measure--or measures--are also enacted.
Sunset dates - Some measures have sunset dates which make them inoperative unless a later enacted statute becomes effective on or before the sunset date, which deletes or extends the date on which it becomes inoperative.
Conflicts and "double-jointing" language - If two or more measures both amend the same statutory section in the same year, then whichever measure is chaptered/enacted last will "chapter out" any changes made by the earlier measure(s) unless the last enacted bill contains double-jointing language which provides that both the changes to the section made by the earlier measure(s) and the last enacted bill are to take effect. It may generally be assumed that measures in this summary which amend the same statutory section have the requisite double-jointing language so that all of the changes made by all of the measures will take effect.
Two votes in Appropriations Committee - Some bills have two separate votes reflected in the Senate Appropriations Committee; the first generally reflects that the measure met the dollar threshhold limit to be considered on the "suspense" file before final action. The second vote is the vote to pass the bill out of committee off of "suspense."
SR 28.8 - Senate Rule 28.8 allows the chair to move bills out of the Senate Appropriations Committee without a formal committee hearing or vote if the bill has no significant effect on state revenues. Thus, SR 28.8 is reflected, where appropriate, instead of a vote.
Not all bills which create a new crime are included in this summary - The Senate Committee on Public Safety jurisdiction does not always include measures which involve misdemeanor criminal penalties. For example, AB 1126 (Villaraigosa) - Chapter 623, Statutes of 1997, creates the Healthy Children's Program with a new misdemeanor for false declarations of eligibility. That measure is not in this summary since it did not fall within the committee's jurisdiction. (There are a few bills, however, in this summary which were not heard in this committee, but which are included as FYIs since they are on related subjects which may be of interest.)
