By Shaun Rundle, Government Affairs and Public Safety Specialist
Last week a set of public safety bills made their way to Governor Jerry Brown’s desk. After a series of May deadlines postponed a large handful of bills until 2016, mostly due to high fiscal impacts, the first selection of legislation await the Governor’s signature or veto. These bill topics cover vehicle assistance, vehicle misdemeanor arrests, and electronic search warrants, and grand jury powers and duties. CPOA has taken both support and oppose positions on these pieces of legislation, which range from moderate to high impacts on law enforcement.
The below bills has been now heard in both the Assembly and Senate, where their passage warranted submission to Governor Brown. Once they have reached this stage, CPOA has shared our position(s) with the Governor’s office along with a request to sign or veto the bill.
AB 39 (Medina D)-Would require an affiant to first sign his or her affidavit and send the proposed search warrant and all supporting affidavits and attachments to the magistrate, after which the affiant would make his or her oath during a telephone conversation with the magistrate. The bill would also delete the requirement that the affiant telephonically acknowledge receipt of the signed search warrant and would designate the completed search warrant, signed by the magistrate and received by the affiant, as the original warrant.
AB 198 (Frazier D)-Would authorize a driver of a tow truck who is either operating under an agreement with the law enforcement agency responsible for investigating traffic collisions on the roadway or summoned by the owner or operator of a vehicle involved in a collision or that is otherwise disabled on the roadway to utilize the center median or right shoulder of a roadway in the event of an emergency occurring on a roadway that requires the rapid removal of impediments to traffic or rendering of assistance to a disabled vehicle obstructing a roadway if specified conditions are met.
The legislation listed below is currently on the “Third Reading” calendar in the legislature, meaning its final reading on the floor for debate, and will likely be passed and sent to Governor Brown for his consideration:
AB 346 (Wilk R)-Current law requires that whenever a person is arrested for a vehicle-related infraction or misdemeanor, he or she be taken immediately before a magistrate if he or she fails to present his or her driver's license or other satisfactory evidence of identity for examination. This bill would additionally require that the arrested person be taken immediately before a magistrate if he or she fails to present both his or her driver's license or other evidence of identity and an unobstructed view of his or her full face for examination.
AB 1104 (Rodriguez D)-Would authorize the issuance of a search warrant when the property or things to be seized are controlled substances or any device, contrivance, instrument, or paraphanelia used for unlawfully using or administering a controlled substance.
SB 227 (Mitchell D)
-This bill would prohibit a grand jury from inquiring into an offense or misconduct that involves a shooting or use of excessive force by a peace officer, as specified, that led to the death of a person being detained or arrested by the peace officer, unless the offense was declared to the grand jury by one of its members, as described above.
Per legislative rules, the Governor has 12 days to sign bills that are sent to him. If bills are vetoed at that time, the Legislature has 60 days to overturn his veto, and that process would take a 2/3 majority in each house.
The Governor just signed the 2015-2016 State Budget
, so he will likely lay his pen to the above bills in the coming weeks. CPOA will keep its members updated on the fates of these pieces of legislation, particularly ones with significant impact.
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