Bill Text: CA AB2822 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2822

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Domestic violence.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-09-24 - Chaptered by Secretary of State - Chapter 536, Statutes of 2024. [AB2822 Detail]

Download: California-2023-AB2822-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2822

Introduced by Assembly Member Gabriel

February 15, 2024

An act to amend Section 833 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL'S DIGEST

AB 2822, as introduced, Gabriel. Criminal procedure: arrests.

Existing law authorizes a peace officer to search a lawfully detained person whom the officer has reasonable cause to believe possesses a weapon.

This bill would make technical, nonsubstantive changes to that provision.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 833 of the Penal Code is amended to read:

833.

A peace officer may search for dangerous weapons any person ~~whom he~~ that the officer has legal cause to arrest, ~~whenever he has~~ upon reasonable cause to believe that the person possesses a dangerous weapon. If the officer finds a dangerous weapon, he they may take and keep it until the completion of the questioning, ~~when he~~ and shall then either return it or arrest the person. The arrest may be for the illegal possession of the weapon.