Bill Text: CA SB237 | 2017-2018 | Regular Session | Amended

California Senate Bill 237 (Prior Session Legislation)

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

Bill Title: Electricity: direct transactions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-20 - Chaptered by Secretary of State. Chapter 600, Statutes of 2018. [SB237 Detail]

Download: California-2017-SB237-Amended.html

Amended IN Assembly September 08, 2017

Amended IN Assembly June 15, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 237

Introduced by Senator Hertzberg
~~(Coauthors: Senators Dodd and Newman)(Coauthors: Assembly Members Acosta, Dababneh, Grayson, Lackey, and Maienschein)~~

February 06, 2017

An act to amend ~~Sections 849 and 851.6 of the Penal Code,~~ Section 13365 of the Vehicle Code, relating to ~~criminal procedure.~~ infractions.

LEGISLATIVE COUNSEL'S DIGEST

SB 237, as amended, Hertzberg. ~~Criminal procedure: arrest.~~ Crimes: Infractions.

Prior to June 27, 2017, a court was authorized to notify the Department of Motor Vehicles when a person has failed to appear or failed to pay a fine or bail, with respect to various violations relating to vehicles. Existing law requires the department to suspend, and prohibits the department from issuing or renewing, a person’s driver’s license upon receipt of one of those notices, as specified.
This bill would invalidate any suspension placed on a driver’s license pursuant to that law and reinstate a person’s driving privileges if, before June 27, 2017, they were suspended for failure to make specified payments.
Existing law requires that a person arrested without a warrant be taken before a magistrate without unnecessary delay. Existing law also provides certain circumstances under which a person arrested without a warrant may be released from custody before being taken before a magistrate, including, among others, when the arresting officer believes that insufficient grounds exist to make a criminal complaint against the person arrested or when the person is arrested for intoxication only and no further proceedings are desirable.
Existing law requires a person who is arrested and released without being charged to be issued a certificate describing the action as a detention and requires any reference to the action as an arrest to be deleted from the arrest records of the arresting agency and the Department of Justice. Existing law requires the Attorney General to prescribe the form and content of the certificate.
This bill would authorize an arresting officer to release an arrested person from custody without taking him or her before a magistrate if the person is delivered, subsequent to being arrested, to a specified facility for the purpose of mental health evaluation and treatment and no further criminal proceedings are desirable. The bill would require a person arrested and released pursuant to this provision to be issued a certificate describing the action as a detention.

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

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

SECTION 1.

Section 13365 of the Vehicle Code, as amended by Section 51 of Chapter 17 of the Statutes of 2017, is amended to read:

13365.

(a) Upon receipt of notification of a violation of subdivision (a) of Section 40508, the department shall take the following action:

(1) If the notice is given pursuant to subdivision (a) of Section 40509, if the driving record of the person who is the subject of the notice contains one or more prior notifications of a violation issued pursuant to Section 40509 or 40509.5, and if the person’s driving privilege is not currently suspended under this section, the department shall suspend the driving privilege of the person.

(2) If the notice is given pursuant to subdivision (a) of Section 40509.5, and if the driving privilege of the person who is the subject of the notice is not currently suspended under this section, the department shall suspend the driving privilege of the person.

(b) (1) A suspension under this section shall not be effective before a date 60 days after the date of receipt, by the department, of the notice given specified in subdivision (a), and the notice of suspension shall not be mailed by the department before a date 30 days after receipt of the notice given specified in subdivision (a).

(2) The suspension shall continue until the suspended person’s driving record does not contain any notification of a violation of subdivision (a) of Section 40508.

(c) Any suspension of a person’s driving privilege imposed prior to June 27, 2017, pursuant to this section, as it read prior to June 27, 2017, based on a notice pursuant to subdivision (b) of Section 40509, as that subdivision read prior to June 27, 2017, or subdivision (b) of Section 40509.5, as that subdivision read prior to June 27, 2017, or based on a notice pursuant to subdivision (a) of Section 40509 where the suspension was imposed because the person’s driving record contained a prior notification of a violation issued pursuant to subdivision (b) of Section 40509, as that subdivision read prior to June 27, 2017, or subdivision (b) of Section 40509.5, as that subdivision read prior to June 27, 2017, shall no longer be valid as of June 27, 2017, and the driving privilege of the person shall be reinstated.

SECTION 1.Section 849 of the Penal Code is amended to read:
849.
(a)When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate.
~~(b)A peace officer may release from custody, instead of taking the person before a magistrate, a person arrested without a warrant in the following circumstances:~~
~~(1)The officer is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.~~
~~(2)The person arrested was arrested for intoxication only, and no further proceedings are desirable.~~
(3)The person was arrested only for being under the influence of a controlled substance or drug and the person is delivered to a facility or hospital for treatment and no further proceedings are desirable.
~~(4)The person was arrested for driving under the influence of alcohol or drugs and the person is delivered to a hospital for medical treatment that prohibits immediate delivery before a magistrate.~~
(5)The person was arrested and subsequently delivered to a hospital or other urgent care facility, including, but not limited to, a facility for the treatment of cooccurring substance use disorders, for mental health evaluation and treatment, and no further proceedings are desirable.
(c)The record of arrest of a person released pursuant to paragraph (1), (3), or (5) of subdivision (b) shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
SEC. 2.Section 851.6 of the Penal Code is amended to read:
851.6.
(a)In any case in which a person is arrested and released pursuant to paragraph (1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued a certificate, signed by the releasing officer or his or her superior officer, describing the action as a detention.
(b)In any case in which a person is arrested and released and an accusatory pleading is not filed charging him or her with an offense, the person shall be issued a certificate by the law enforcement agency which arrested him or her describing the action as a detention.
~~(c)The Attorney General shall prescribe the form and content of the certificate.~~
(d)Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the Department of Justice. Thereafter, any record of the action shall refer to it as a detention.