Bill Text: CA AB2188 | 2015-2016 | Regular Session | Amended
Bill Title: Criminal procedure: arrests.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2188 Detail]
Download: California-2015-AB2188-Amended.html
BILL NUMBER: AB 2188 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Grove
FEBRUARY 18, 2016
An act to add Section 15030 to the Government Code,
relating to human trafficking. amend Section 836 of
the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2188, as amended, Grove. Human trafficking: database.
Criminal procedure: arrests.
Existing law authorizes a peace officer to arrest a person without
a warrant if the officer has probable cause to believe that the
person has committed a public offense in the officer's presence or if
the officer has probable cause to believe that the person has
committed a felony.
This bill would authorize a peace officer to arrest a person
without a warrant if the officer has probable cause to believe that
the person has committed the misdemeanor offense of soliciting a
minor for prostitution.
Existing law requires the Department of Justice to seek to control
and eradicate organized crime by, among other things, gathering,
analyzing, and storing intelligence related to organized crime and
providing this intelligence to local, state, and federal law
enforcement units. Existing law also requires, prior to a local law
enforcement agency designating, or submitting a document to the
Attorney General's office for the purpose of designating, a person as
a gang member, associate, or affiliate in a shared gang database, as
defined, the local law enforcement agency to provide written notice
to the person and his or her parent or guardian of the designation
and the basis for the designation if the person is under 18 years of
age, except as specified. Existing law authorizes the person or his
or her parent or guardian to submit written documentation contesting
that designation and requires the local law enforcement agency to
provide written verification of its decision within 60 days.
This bill would require the department, on or before January 1,
2018, to expand its shared gang database, as defined in the provision
described above, in order to provide accurate, timely, and
electronically generated data of statewide human trafficking
intelligence information. The bill would specify that the purpose of
that expansion is to allow law enforcement agencies in California to
collaborate in reducing the incidence of human trafficking. The bill
would authorize the department to promulgate regulations to implement
its provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 836 of the Penal
Code is amended to read:
836. (a) A peace officer may arrest a person in obedience to a
warrant, warrant or, pursuant to the
authority granted to him or her by Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, without a warrant, may
arrest a person warrant whenever any of the
following circumstances occur:
(1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer's presence.
(2) The person arrested has committed a felony, although not in
the officer's presence.
(3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in fact,
has been committed.
(b) Any time a peace officer is called out on a domestic violence
call, it shall be mandatory that the officer make a good faith effort
to inform the victim of his or her right to make a citizen's arrest,
unless the peace officer makes an arrest for a violation of
paragraph (1) of subdivision (e) of Section 243 or 273.5. This
information shall include advising the victim how to safely execute
the arrest.
(c) (1) When a peace officer is responding to a call alleging a
violation of a domestic violence protective or restraining order
issued under Section 527.6 of the Code of Civil Procedure, the Family
Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of
Section 1203.097 of this code, Section 213.5 or 15657.03 of the
Welfare and Institutions Code, or of a domestic violence protective
or restraining order issued by the court of another state, tribe, or
territory and the peace officer has probable cause to believe that
the person against whom the order is issued has notice of the order
and has committed an act in violation of the order, the officer
shall, consistent with subdivision (b) of Section 13701, make a
lawful arrest of the person without a warrant and take that person
into custody whether or not the violation occurred in the presence of
the arresting officer. The officer shall, as soon as possible after
the arrest, confirm with the appropriate authorities or the Domestic
Violence Protection Order Registry maintained pursuant to Section
6380 of the Family Code that a true copy of the protective order has
been registered, unless the victim provides the officer with a copy
of the protective order.
(2) The person against whom a protective order has been issued
shall be deemed to have notice of the order if the victim presents to
the officer proof of service of the order, the officer confirms with
the appropriate authorities that a true copy of the proof of service
is on file, or the person against whom the protective order was
issued was present at the protective order hearing or was informed by
a peace officer of the contents of the protective order.
(3) In situations where mutual protective orders have been issued
under Division 10 (commencing with Section 6200) of the Family Code,
liability for arrest under this subdivision applies only to those
persons who are reasonably believed to have been the dominant
aggressor. In those situations, prior to making an arrest under this
subdivision, the peace officer shall make reasonable efforts to
identify, and may arrest, the dominant aggressor involved in the
incident. The dominant aggressor is the person determined to be the
most significant, rather than the first, aggressor. In identifying
the dominant aggressor, an officer shall consider (A) the intent of
the law to protect victims of domestic violence from continuing
abuse, (B) the threats creating fear of physical injury, (C) the
history of domestic violence between the persons involved, and (D)
whether either person involved acted in self-defense.
(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
commits an assault or battery upon a current or former spouse,
fiancé, fiancée, a current or former cohabitant as defined in Section
6209 of the Family Code, a person with whom the suspect currently is
having or has previously had an engagement or dating relationship,
as defined in paragraph (10) of subdivision (f) of Section 243, a
person with whom the suspect has parented a child, or is presumed to
have parented a child pursuant to the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code), a
child of the suspect, a child whose parentage by the suspect is the
subject of an action under the Uniform Parentage Act, a child of a
person in one of the above categories, any other person related to
the suspect by consanguinity or affinity within the second degree, or
any person who is 65 years of age or older and who is related to the
suspect by blood or legal guardianship, a peace officer may arrest
the suspect without a warrant where when
both of the following circumstances apply:
(1) The peace officer has probable cause to believe that the
person to be arrested has committed the assault or battery, whether
or not it has in fact been committed.
(2) The peace officer makes the arrest as soon as probable cause
arises to believe that the person to be arrested has committed the
assault or battery, whether or not it has in fact been committed.
(e) In addition to the authority to make an arrest without a
warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
peace officer may, without a warrant, arrest a person for a violation
of Section 25400 when all of the following apply:
(1) The officer has reasonable cause to believe that the person to
be arrested has committed the violation of Section 25400.
(2) The violation of Section 25400 occurred within an airport, as
defined in Section 21013 of the Public Utilities Code, in an area to
which access is controlled by the inspection of persons and property.
(3) The peace officer makes the arrest as soon as reasonable cause
arises to believe that the person to be arrested has committed the
violation of Section 25400.
(f) In addition to the authority to make an arrest without a
warrant pursuant to subdivision (a), a peace officer may arrest a
person without a warrant if the officer has probable cause to believe
that the person to be arrested has violated subdivision (m) of
Section 647, even if that violation was not in the presence of the
officer.
SECTION 1. Section 15030 is added to the
Government Code, to read:
15030. (a) On or before January 1, 2018, the Department of
Justice shall expand its shared gang database, as defined in Section
186.34 of the Penal Code, in order to provide accurate, timely, and
electronically generated data of statewide human trafficking
intelligence information. The purpose of this expansion shall be to
allow law enforcement agencies in California to collaborate in
reducing the incidence of human trafficking.
(b) The department may promulgate regulations to implement this
section.
(c) For purposes of this section, "human trafficking" has the same
meaning as defined in Section 236.1 of the Penal Code.
