Bill Text: CA SB428 | 2011-2012 | Regular Session | Chaptered
Bill Title: Lester's Law of 2011.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-09-21 - Chaptered by Secretary of State. Chapter 304, Statutes of 2011. [SB428 Detail]
Download: California-2011-SB428-Chaptered.html
BILL NUMBER: SB 428 CHAPTERED
BILL TEXT
CHAPTER 304
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2011
APPROVED BY GOVERNOR SEPTEMBER 20, 2011
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY AUGUST 22, 2011
AMENDED IN ASSEMBLY AUGUST 18, 2011
AMENDED IN ASSEMBLY JUNE 27, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE MAY 17, 2011
AMENDED IN SENATE APRIL 27, 2011
INTRODUCED BY Senator Strickland
FEBRUARY 16, 2011
An act to amend Sections 7480, 15202.1, and 70372 of the
Government Code, and to amend Sections 633.8, 904.7, 992, 1203.4,
1203.4a, 1466, 14303, and 14314 of the Penal Code, relating to public
safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 428, Strickland. Lester's Law of 2011.
(1) Existing law generally regulates governmental access to
financial records. Existing law provides that the dissemination of
records pursuant to specified provisions shall not be prohibited.
This bill would include within that category of records, the
dissemination of which shall not be prohibited, the dissemination of
financial information and records pursuant to an order by a judge
under specified authority relating to mortgage fraud.
(2) Existing law provides that, in any homicide case in which a
final judgment was entered prior to January 1, 1990, if the venue for
trial of a homicide case has been changed from the county which is
eligible for reimbursement, as specified, to a location more than 60
miles from the county seat of that county, and the district attorney
of that county has entered into a contract with an attorney to try
the case or an investigator to assist in the trial of the case, the
Controller shall reimburse the county for the actual costs of the
attorney or investigator, as specified.
This bill would instead apply the provisions above to any homicide
case in which a final judgment was not entered prior to January 1,
1990.
(3) Existing law requires a state court construction penalty to be
imposed upon every fine, penalty, or forfeiture imposed and
collected by the courts for all criminal offenses, as specified.
This bill would make a technical, nonsubstantive change to those
provisions.
(4) Existing law authorizes peace officers to use or authorize the
use of an electronic amplifying or recording device to eavesdrop on
or record, or both, any oral communication under specified
conditions.
This bill would make a technical, nonsubstantive change to those
provisions.
(5) Existing law provides for the impanelment of an additional
civil grand jury in the County of San Bernardino pursuant to
specified procedures.
This bill would make technical, nonsubstantive changes to that
provision.
(6) Existing law requires the court, in any case in which the
defendant is charged with a felony, to require the defendant to
provide a right thumbprint on a form developed for that purpose.
This bill would require the court to obtain the thumbprint at the
arraignment on the information or indictment, or upon entry of a
guilty or no contest plea unless the court has obtained the
thumbprint at an earlier proceeding.
(7) Existing law generally provides for the granting of probation.
This bill would make a technical, nonsubstantive change to those
provisions.
(8) Existing law provides that every defendant convicted of a
misdemeanor and not granted probation, and every defendant convicted
of an infraction, shall, under specified conditions and procedures,
be permitted by the court to withdraw his or her plea of guilty or
nolo contendere and enter a plea of not guilty or, if he or she has
been convicted after a plea of not guilty, the court shall set aside
the verdict of guilty and dismiss the accusatory pleading and release
the defendant from all penalties and disabilities resulting from the
offense, except as specified.
This bill would provide that those provisions do not apply to any
infraction falling within the provisions of the Vehicle Code or to a
local ordinance adopted pursuant to the Vehicle Code.
(9) Existing law permits, under specified conditions, an appeal to
be taken from a judgment or order, in an infraction or misdemeanor
case, to the appellate division of the superior court of the county
in which the court from which the appeal is taken is located.
This bill would make technical, nonsubstantive changes to this
provision.
(10) Existing law establishes the Environmental Enforcement and
Training Account in the General Fund to be expended upon
appropriation by the Legislature. Existing law provides that 25% or
$100,000, whichever is less, of the funds be provided to the
Commission on Peace Officer Standards and Training (POST).
This bill would permit POST to decline all or part of this
allocation and provide that any funds so declined be reallocated, as
specified, for other authorized purposes for the training of peace
officers. The bill would make a related change.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as Lester's
Law of 2011.
SEC. 2. Section 7480 of the Government Code, as amended by Section
29 of Chapter 697 of the Statutes of 2010, is amended to read:
7480. Nothing in this chapter shall prohibit any of the
following:
(a) The dissemination of any financial information that is not
identified with, or identifiable as being derived from, the financial
records of a particular customer.
(b) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, access cards,
or other orders drawn upon any bank, credit union, or savings
association in this state, the police or sheriff's department or
district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or
a long-term care ombudsman when investigating the financial abuse of
an elder or dependent adult, may request a bank, credit union, or
savings association to furnish, and a bank, credit union, or savings
association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days
following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account
balance on these dates.
(5) A copy of the signature card, including the signature and any
addresses appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the
account closed.
(7) Surveillance photographs and video recordings of persons
accessing the crime victim's financial account via an automated
teller machine (ATM) or from within the financial institution for
dates on which illegal acts involving the account were alleged to
have occurred. Nothing in this paragraph does any of the following:
(A) Requires a financial institution to produce a photograph or
video recording if it does not possess the photograph or video
recording.
(B) Affects any existing civil immunities as provided in Section
47 of the Civil Code or any other provision of law.
(8) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account
statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, access cards,
or other orders drawn upon any bank, credit union, or savings
association doing business in this state, the police or sheriff's
department or district attorney, a county adult protective services
office when investigating the financial abuse of an elder or
dependent adult, or a long-term care ombudsman when investigating the
financial abuse of an elder or dependent adult, may request, with
the consent of the accountholder, the bank, credit union, or savings
association to furnish, and the bank, credit union, or savings
association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days
following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account
balance on these dates.
(5) A copy of the signature card, including the signature and any
addresses appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the
account closed.
(7) Surveillance photographs and video recordings of persons
accessing the crime victim's financial account via an automated
teller machine (ATM) or from within the financial institution for
dates on which illegal acts involving this account were alleged to
have occurred. Nothing in this paragraph does any of the following:
(A) Requires a financial institution to produce a photograph or
video recording if it does not possess the photograph or video
recording.
(B) Affects any existing civil immunities as provided in Section
47 of the Civil Code or any other provision of law.
(8) A bank, credit union, or savings association doing business in
this state that provides the requesting party with copies of one or
more complete account statements prepared in the regular course of
business shall be deemed to be in compliance with paragraphs (1),
(2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder
shall be satisfied if an accountholder provides to the financial
institution and the person or entity seeking disclosure, a signed and
dated statement containing all of the following:
(1) Authorization of the disclosure for the period specified in
subdivision (c).
(2) The name of the agency or department to which disclosure is
authorized and, if applicable, the statutory purpose for which the
information is to be obtained.
(3) A description of the financial records that are authorized to
be disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise
Tax Board, the State Board of Equalization, the Employment
Development Department, the Controller or an inheritance tax referee
when administering the Prohibition of Gift and Death Taxes (Part 8
(commencing with Section 13301) of Division 2 of the Revenue and
Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, a
long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, a county welfare department when
investigating welfare fraud, a county auditor-controller or director
of finance when investigating fraud against the county, or the
Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the
Commissioner of Corporations, from requesting of an office or branch
of a financial institution, and the office or branch from responding
to a request, as to whether a person has an account or accounts at
that office or branch and, if so, any identifying numbers of the
account or accounts.
(2) No additional information beyond that specified in this
section shall be released to a county welfare department without
either the accountholder's written consent or a judicial writ, search
warrant, subpoena, or other judicial order.
(3) A county auditor-controller or director of finance who
unlawfully discloses information he or she is authorized to request
under this subdivision is guilty of the unlawful disclosure of
confidential data, a misdemeanor, which shall be punishable as set
forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency
of financial records that relate solely to the exercise of its
supervisory function. The scope of an agency's supervisory function
shall be determined by reference to statutes that grant authority to
examine, audit, or require reports of financial records or financial
institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by
reference to Division 1 (commencing with Section 99), Division 1.5
(commencing with Section 4800), Division 2 (commencing with Section
5000), Division 5 (commencing with Section 14000), Division 7
(commencing with Section 18000), Division 15 (commencing with Section
31000), and Division 16 (commencing with Section 33000), of the
Financial Code.
(2) With respect to the Controller by reference to Title 10
(commencing with Section 1300) of Part 3 of the Code of Civil
Procedure.
(3) With respect to the Administrator of Local Agency Security by
reference to Article 2 (commencing with Section 53630) of Chapter 4
of Part 1 of Division 2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of
any security interest that a financial institution has in a
specified asset of a customer or (2) financial records in connection
with the filing or audit of a tax return or tax information return
that are required to be filed by the financial institution pursuant
to Part 10 (commencing with Section 17001), Part 11 (commencing with
Section 23001), or Part 18 (commencing with Section 38001), of the
Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of
the following:
(1) The information required by Sections 6702, 6703, 8954, 8957,
30313, 30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122,
41123.5, 43443, 43444.2, 44144, 45603, 45605, 46404, 46406, 50134,
50136, 55203, 55205, 60404, and 60407 of the Revenue and Taxation
Code.
(2) The financial records in connection with the filing or audit
of a tax return required to be filed by the financial institution
pursuant to Part 1 (commencing with Section 6001), Part 2 (commencing
with Section 7301), Part 3 (commencing with Section 8601), Part 13
(commencing with Section 30001), Part 14 (commencing with Section
32001), and Part 17 (commencing with Section 37001), of Division 2 of
the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution
has in a specified asset of a customer, if the inquiry is directed to
the branch or office where the interest is held.
(i) The disclosure to the Controller of the information required
by Section 7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the
amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the
branch or office where the interest is held.
(k) The disclosure by a construction lender, as defined in Section
8006 of the Civil Code, to the Registrar of Contractors, of
information concerning the making of progress payments to a prime
contractor requested by the registrar in connection with an
investigation under Section 7108.5 of the Business and Professions
Code.
(l) Upon receipt of a written request from a local child support
agency referring to a support order pursuant to Section 17400 of the
Family Code, a financial institution shall disclose the following
information concerning the account or the person named in the
request, whom the local child support agency shall identify, whenever
possible, by social security number:
(1) If the request states the identifying number of an account at
a financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which
the request is delivered, and, if the branch is able to make a
computerized search, each account maintained by the person at any
other branch of the financial institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2),
the account number, current balance, street address of the branch
where the account is maintained, and, to the extent available through
the branch's computerized search, the name and address of any other
person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial
institution shall not disclose either the request or its response, to
an owner of the account or to any other person, except the officers
and employees of the financial institution who are involved in
responding to the request and to attorneys, employees of the local
child support agencies, auditors, and regulatory authorities who have
a need to know in order to perform their duties, and except as
disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
in response to a request pursuant to this subdivision, (B) failing
to notify the owner of an account, or complying with a request under
this paragraph not to disclose to the owner, the request or
disclosure under this subdivision, or (C) failing to discover any
account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information
pursuant to this subdivision only when the local child support agency
has received at least one of the following types of physical
evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by
name, the bank, and the account number.
(x) Correspondence that identifies the child support obligor by
name, the bank, and the banking services related to the account of
the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12
months immediately preceding the request that the person named in the
request has had or may have had an account at an office or branch of
the financial institution to which the request is made.
(7) Information obtained by a local child support agency pursuant
to this subdivision shall be used only for purposes that are directly
connected with the administration of the duties of the local child
support agency pursuant to Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section
666 of Title 42 of the United States Code, upon receipt of an
administrative subpoena on the current federally approved interstate
child support enforcement form, as approved by the federal Office of
Management and Budget, a financial institution shall provide the
information or documents requested by the administrative subpoena.
(2) The administrative subpoena shall refer to the current federal
Office of Management and Budget control number and be signed by a
person who states that he or she is an authorized agent of a state or
county agency responsible for implementing the child support
enforcement program set forth in Part D (commencing with Section 651)
of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
A financial institution may rely on the statements made in the
subpoena and has no duty to inquire into the truth of any statement
in the subpoena.
(3) If the person who signs the administrative subpoena directs a
financial institution in writing not to disclose either the subpoena
or its response to any owner of an account covered by the subpoena,
the financial institution shall not disclose the subpoena or its
response to the owner.
(4) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
or providing documents in response to a subpoena pursuant to this
subdivision, (B) failing to notify any owner of an account covered by
the subpoena or complying with a request not to disclose to the
owner, the subpoena or disclosure under this subdivision, or (C)
failing to discover any account owned by the person named in the
subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records
pursuant to any of the following:
(1) Compliance by a financial institution with the requirements of
Section 2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of
Section 2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a
peace officer showing specific and articulable facts that there are
reasonable grounds to believe that the records or information sought
are relevant and material to an ongoing investigation of a felony
violation of Section 186.10 or of any felony subject to the
enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the
records to be produced, which shall be only those of the individual
or individuals who are the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order
shall be open to the public as a judicial record unless ordered
sealed by the court, for a period of 60 days. The sealing of these
records may be extended for 60-day periods upon a showing to the
court that it is necessary for the continuance of the investigation.
Sixty-day extensions may continue for up to one year or until
termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the
peace officer applicant or his or her designee within a reasonable
time period after service of the order upon the financial
institution.
(D) Nothing in this subdivision shall preclude the financial
institution from notifying a customer of the receipt of the order for
production of records unless a court orders the financial
institution to withhold notification to the customer upon a finding
that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to
withhold notification to the customer under this paragraph, the peace
officer or law enforcement agency who obtained the financial
information shall notify the customer by delivering a copy of the ex
parte order to the customer within 10 days of the termination of the
investigation.
(4) An order by a judge issued pursuant to subdivision (c) of
Section 532f of the Penal Code.
(5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections
2892 and 2893.
(B) Disclosing information in response to a court order pursuant
to paragraph (3).
(C) Complying with a court order under this subdivision not to
disclose to the customer, the order, or the dissemination of
information pursuant to the court order.
(o) Disclosure by a financial institution to a peace officer, as
defined in Section 830.1 of the Penal Code, pursuant to the
following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the
Civil Code, provided that the financial institution has first
complied with the requirements of paragraph (2) of subdivision (a)
and subdivision (b) of Section 1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the
Financial Code, provided that the financial institution has first
complied with the requirements of paragraph (2) of subdivision (a)
and subdivision (b) of Section 4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the
Financial Code, provided that any financial institution that is a
finance lender has first complied with the requirements of paragraph
(2) of subdivision (a) and subdivision (b) of Section 22470 of the
Financial Code.
(p) When the governing board of the Public Employees' Retirement
System or the State Teachers' Retirement System certifies in writing
to a financial institution that a benefit recipient has died and that
transfers to the benefit recipient's account at the financial
institution from the retirement system occurred after the benefit
recipient's date of death, the financial institution shall furnish
the retirement system with the name and address of any coowner,
cosigner, or any other person who had access to the funds in the
account following the date of the benefit recipient's death, or if
the account has been closed, the name and address of the person who
closed the account.
(q) When the retirement board of a retirement system established
under the County Employees Retirement Law of 1937 certifies in
writing to a financial institution that a retired member or the
beneficiary of a retired member has died and that transfers to the
account of the retired member or beneficiary of a retired member at
the financial institution from the retirement system occurred after
the date of death of the retired member or beneficiary of a retired
member, the financial institution shall furnish the retirement system
with the name and address of any coowner, cosigner, or any other
person who had access to the funds in the account following the date
of death of the retired member or beneficiary of a retired member, or
if the account has been closed, the name and address of the person
who closed the account.
(r) When the Franchise Tax Board certifies in writing to a
financial institution that (1) a taxpayer filed a tax return that
authorized a direct deposit refund with an incorrect financial
institution account or routing number that resulted in all or a
portion of the refund not being received, directly or indirectly, by
the taxpayer; (2) the direct deposit refund was not returned to the
Franchise Tax Board; and (3) the refund was deposited directly on a
specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the
financial institution shall furnish to the Franchise Tax Board the
name and address of any coowner, cosigner, or any other person who
had access to the funds in the account following the date of direct
deposit refund, or if the account has been closed, the name and
address of the person who closed the account.
SEC. 3. Section 7480 of the Government Code, as amended by Section
30 of Chapter 697 of the Statutes of 2010, is amended to read:
7480. Nothing in this chapter shall prohibit any of the
following:
(a) The dissemination of any financial information that is not
identified with, or identifiable as being derived from, the financial
records of a particular customer.
(b) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, access cards,
or other orders drawn upon any bank, credit union, or savings
association in this state, the police or sheriff's department or
district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or
a long-term care ombudsman when investigating the financial abuse of
an elder or dependent adult, may request a bank, credit union, or
savings association to furnish, and a bank, credit union, or savings
association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days
following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account
balance on these dates.
(5) A copy of the signature card, including the signature and any
addresses appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the
account closed.
(7) Surveillance photographs and video recordings of persons
accessing the crime victim's financial account via an automated
teller machine (ATM) or from within the financial institution for
dates on which illegal acts involving the account were alleged to
have occurred. Nothing in this paragraph does any of the following:
(A) Requires a financial institution to produce a photograph or
video recording if it does not possess the photograph or video
recording.
(B) Affects any existing civil immunities as provided in Section
47 of the Civil Code or any other provision of law.
(8) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account
statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(c) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, access cards,
or other orders drawn upon any bank, credit union, or savings
association doing business in this state, the police or sheriff's
department or district attorney, a county adult protective services
office when investigating the financial abuse of an elder or
dependent adult, or a long-term care ombudsman when investigating the
financial abuse of an elder or dependent adult, may request, with
the consent of the accountholder, the bank, credit union, or savings
association to furnish, and the bank, credit union, or savings
association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days
following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account
balance on these dates.
(5) A copy
of the signature card, including the signature and any addresses
appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the
account closed.
(7) Surveillance photographs and video recordings of persons
accessing the crime victim's financial account via an automated
teller machine (ATM) or from within the financial institution for
dates on which illegal acts involving this account were alleged to
have occurred. Nothing in this paragraph does any of the following:
(A) Requires a financial institution to produce a photograph or
video recording if it does not possess the photograph or video
recording.
(B) Affects any existing civil immunities as provided in Section
47 of the Civil Code or any other provision of law.
(8) A bank, credit union, or savings association doing business in
this state that provides the requesting party with copies of one or
more complete account statements prepared in the regular course of
business shall be deemed to be in compliance with paragraphs (1),
(2), (3), and (4).
(d) For purposes of subdivision (c), consent of the accountholder
shall be satisfied if an accountholder provides to the financial
institution and the person or entity seeking disclosure, a signed and
dated statement containing all of the following:
(1) Authorization of the disclosure for the period specified in
subdivision (c).
(2) The name of the agency or department to which disclosure is
authorized and, if applicable, the statutory purpose for which the
information is to be obtained.
(3) A description of the financial records that are authorized to
be disclosed.
(e) (1) The Attorney General, a supervisory agency, the Franchise
Tax Board, the State Board of Equalization, the Employment
Development Department, the Controller or an inheritance tax referee
when administering the Prohibition of Gift and Death Taxes (Part 8
(commencing with Section 13301) of Division 2 of the Revenue and
Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, a
long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, a county welfare department when
investigating welfare fraud, a county auditor-controller or director
of finance when investigating fraud against the county, or the
Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the
Commissioner of Corporations, from requesting of an office or branch
of a financial institution, and the office or branch from responding
to a request, as to whether a person has an account or accounts at
that office or branch and, if so, any identifying numbers of the
account or accounts.
(2) No additional information beyond that specified in this
section shall be released to a county welfare department without
either the accountholder's written consent or a judicial writ, search
warrant, subpoena, or other judicial order.
(3) A county auditor-controller or director of finance who
unlawfully discloses information he or she is authorized to request
under this subdivision is guilty of the unlawful disclosure of
confidential data, a misdemeanor, which shall be punishable as set
forth in Section 7485.
(f) The examination by, or disclosure to, any supervisory agency
of financial records that relate solely to the exercise of its
supervisory function. The scope of an agency's supervisory function
shall be determined by reference to statutes that grant authority to
examine, audit, or require reports of financial records or financial
institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by
reference to Division 1 (commencing with Section 99), Division 1.5
(commencing with Section 4800), Division 2 (commencing with Section
5000), Division 5 (commencing with Section 14000), Division 7
(commencing with Section 18000), Division 15 (commencing with Section
31000), and Division 16 (commencing with Section 33000), of the
Financial Code.
(2) With respect to the Controller by reference to Title 10
(commencing with Section 1300) of Part 3 of the Code of Civil
Procedure.
(3) With respect to the Administrator of Local Agency Security by
reference to Article 2 (commencing with Section 53630) of Chapter 4
of Part 1 of Division 2 of Title 5 of the Government Code.
(g) The disclosure to the Franchise Tax Board of (1) the amount of
any security interest that a financial institution has in a
specified asset of a customer or (2) financial records in connection
with the filing or audit of a tax return or tax information return
that are required to be filed by the financial institution pursuant
to Part 10 (commencing with Section 17001), Part 11 (commencing with
Section 23001), or Part 18 (commencing with Section 38001), of the
Revenue and Taxation Code.
(h) The disclosure to the State Board of Equalization of any of
the following:
(1) The information required by Sections 6702, 6703, 8954, 8957,
30313, 30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122,
41123.5, 43443, 43444.2, 44144, 45603, 45605, 46404, 46406, 50134,
50136, 55203, 55205, 60404, and 60407 of the Revenue and Taxation
Code.
(2) The financial records in connection with the filing or audit
of a tax return required to be filed by the financial institution
pursuant to Part 1 (commencing with Section 6001), Part 2 (commencing
with Section 7301), Part 3 (commencing with Section 8601), Part 13
(commencing with Section 30001), Part 14 (commencing with Section
32001), and Part 17 (commencing with Section 37001), of Division 2 of
the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution
has in a specified asset of a customer, if the inquiry is directed to
the branch or office where the interest is held.
(i) The disclosure to the Controller of the information required
by Section 7853 of the Revenue and Taxation Code.
(j) The disclosure to the Employment Development Department of the
amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the
branch or office where the interest is held.
(k) The disclosure by a construction lender, as defined in Section
8006 of the Civil Code, to the Registrar of Contractors, of
information concerning the making of progress payments to a prime
contractor requested by the registrar in connection with an
investigation under Section 7108.5 of the Business and Professions
Code.
(l) Upon receipt of a written request from a local child support
agency referring to a support order pursuant to Section 17400 of the
Family Code, a financial institution shall disclose the following
information concerning the account or the person named in the
request, whom the local child support agency shall identify, whenever
possible, by social security number:
(1) If the request states the identifying number of an account at
a financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which
the request is delivered, and, if the branch is able to make a
computerized search, each account maintained by the person at any
other branch of the financial institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2),
the account number, current balance, street address of the branch
where the account is maintained, and, to the extent available through
the branch's computerized search, the name and address of any other
person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial
institution shall not disclose either the request or its response, to
an owner of the account or to any other person, except the officers
and employees of the financial institution who are involved in
responding to the request and to attorneys, employees of the local
child support agencies, auditors, and regulatory authorities who have
a need to know in order to perform their duties, and except as
disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
in response to a request pursuant to this subdivision, (B) failing
to notify the owner of an account, or complying with a request under
this paragraph not to disclose to the owner, the request or
disclosure under this subdivision, or (C) failing to discover any
account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information
pursuant to this subdivision only when the local child support agency
has received at least one of the following types of physical
evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by
name, the bank, and the account number.
(x) Correspondence that identifies the child support obligor by
name, the bank, and the banking services related to the account of
the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12
months immediately preceding the request that the person named in the
request has had or may have had an account at an office or branch of
the financial institution to which the request is made.
(7) Information obtained by a local child support agency pursuant
to this subdivision shall be used only for purposes that are directly
connected with the administration of the duties of the local child
support agency pursuant to Section 17400 of the Family Code.
(m) (1) As provided in paragraph (1) of subdivision (c) of Section
666 of Title 42 of the United States Code, upon receipt of an
administrative subpoena on the current federally approved interstate
child support enforcement form, as approved by the federal Office of
Management and Budget, a financial institution shall provide the
information or documents requested by the administrative subpoena.
(2) The administrative subpoena shall refer to the current federal
Office of Management and Budget control number and be signed by a
person who states that he or she is an authorized agent of a state or
county agency responsible for implementing the child support
enforcement program set forth in Part D (commencing with Section 651)
of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
A financial institution may rely on the statements made in the
subpoena and has no duty to inquire into the truth of any statement
in the subpoena.
(3) If the person who signs the administrative subpoena directs a
financial institution in writing not to disclose either the subpoena
or its response to any owner of an account covered by the subpoena,
the financial institution shall not disclose the subpoena or its
response to the owner.
(4) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
or providing documents in response to a subpoena pursuant to this
subdivision, (B) failing to notify any owner of an account covered by
the subpoena or complying with a request not to disclose to the
owner, the subpoena or disclosure under this subdivision, or (C)
failing to discover any account owned by the person named in the
subpoena pursuant to a computerized search of the records of the
financial institution.
(n) The dissemination of financial information and records
pursuant to any of the following:
(1) Compliance by a financial institution with the requirements of
Section 2892 of the Probate Code.
(2) Compliance by a financial institution with the requirements of
Section 2893 of the Probate Code.
(3) An order by a judge upon a written ex parte application by a
peace officer showing specific and articulable facts that there are
reasonable grounds to believe that the records or information sought
are relevant and material to an ongoing investigation of a felony
violation of Section 186.10 or of any felony subject to the
enhancement set forth in Section 186.11.
(A) The ex parte application shall specify with particularity the
records to be produced, which shall be only those of the individual
or individuals who are the subject of the criminal investigation.
(B) The ex parte application and any subsequent judicial order
shall be open to the public as a judicial record unless ordered
sealed by the court, for a period of 60 days. The sealing of these
records may be extended for 60-day periods upon a showing to the
court that it is necessary for the continuance of the investigation.
Sixty-day extensions may continue for up to one year or until
termination of the investigation of the individual or individuals,
whichever is sooner.
(C) The records ordered to be produced shall be returned to the
peace officer applicant or his or her designee within a reasonable
time period after service of the order upon the financial
institution.
(D) Nothing in this subdivision shall preclude the financial
institution from notifying a customer of the receipt of the order for
production of records unless a court orders the financial
institution to withhold notification to the customer upon a finding
that the notice would impede the investigation.
(E) Where a court has made an order pursuant to this paragraph to
withhold notification to the customer under this paragraph, the peace
officer or law enforcement agency who obtained the financial
information shall notify the customer by delivering a copy of the ex
parte order to the customer within 10 days of the termination of the
investigation.
(4) An order by a judge issued pursuant to subdivision (c) of
Section 532f of the Penal Code.
(5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for any of the following:
(A) Disclosing information to a probate court pursuant to Sections
2892 and 2893.
(B) Disclosing information in response to a court order pursuant
to paragraph (3).
(C) Complying with a court order under this subdivision not to
disclose to the customer, the order, or the dissemination of
information pursuant to the court order.
(o) Disclosure by a financial institution to a peace officer, as
defined in Section 830.1 of the Penal Code, pursuant to the
following:
(1) Paragraph (1) of subdivision (a) of Section 1748.95 of the
Civil Code, provided that the financial institution has first
complied with the requirements of paragraph (2) of subdivision (a)
and subdivision (b) of Section 1748.95 of the Civil Code.
(2) Paragraph (1) of subdivision (a) of Section 4002 of the
Financial Code, provided that the financial institution has first
complied with the requirements of paragraph (2) of subdivision (a)
and subdivision (b) of Section 4002 of the Financial Code.
(3) Paragraph (1) of subdivision (a) of Section 22470 of the
Financial Code, provided that any financial institution that is a
finance lender has first complied with the requirements of paragraph
(2) of subdivision (a) and subdivision (b) of Section 22470 of the
Financial Code.
(p) When the governing board of the Public Employees' Retirement
System or the State Teachers' Retirement System certifies in writing
to a financial institution that a benefit recipient has died and that
transfers to the benefit recipient's account at the financial
institution from the retirement system occurred after the benefit
recipient's date of death, the financial institution shall furnish
the retirement system with the name and address of any coowner,
cosigner, or any other person who had access to the funds in the
account following the date of the benefit recipient's death, or if
the account has been closed, the name and address of the person who
closed the account.
(q) When the retirement board of a retirement system established
under the County Employees Retirement Law of 1937 certifies in
writing to a financial institution that a retired member or the
beneficiary of a retired member has died and that transfers to the
account of the retired member or beneficiary of a retired member at
the financial institution from the retirement system occurred after
the date of death of the retired member or beneficiary of a retired
member, the financial institution shall furnish the retirement system
with the name and address of any coowner, cosigner, or any other
person who had access to the funds in the account following the date
of death of the retired member or beneficiary of a retired member, or
if the account has been closed, the name and address of the person
who closed the account.
(r) When the Franchise Tax Board certifies in writing to a
financial institution that (1) a taxpayer filed a tax return that
authorized a direct deposit refund with an incorrect financial
institution account or routing number that resulted in all or a
portion of the refund not being received, directly or indirectly, by
the taxpayer; (2) the direct deposit refund was not returned to the
Franchise Tax Board; and (3) the refund was deposited directly on a
specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the
financial institution shall furnish to the Franchise Tax Board the
name and address of any coowner, cosigner, or any other person who
had access to the funds in the account following the date of direct
deposit refund, or if the account has been closed, the name and
address of the person who closed the account.
SEC. 4. Section 15202.1 of the Government Code is amended to read:
15202.1. (a) If the venue for trial of a homicide case has been
changed from the county which is eligible for reimbursement under
Section 15202 to a location more than 60 miles from the county seat
of that county, and the district attorney of that county has entered
into a contract with an attorney to try the case or an investigator
to assist in the trial of the case, the Controller shall reimburse
the county for the actual costs of the attorney or investigator under
this section, at an hourly rate not to exceed the hourly rate
charged state agencies by the Attorney General for similar attorney
services or investigators, without further showing of justification.
Nothing in this section shall permit the reimbursement of costs for
travel in excess of 1,000 miles on any single round trip, without the
prior approval of the Attorney General.
(b) (1) This section shall apply to any homicide cases in which a
final judgment was entered on or after January 1, 1990.
(2) The limitation provided in this subdivision shall not apply to
Sierra County. Instead, the County of Sierra may apply to the
Controller for reimbursement pursuant to subdivision (a) for its
costs incident to the prosecution of the homicide trial of People v.
Corjasso.
SEC. 5. Section 70372 of the Government Code is amended to read:
70372. (a) (1) Except as otherwise provided in this article,
there shall be levied a state court construction penalty, in the
amount of five dollars ($5) for every ten dollars ($10), or part of
ten dollars ($10), upon every fine, penalty, or forfeiture imposed
and collected by the courts for all criminal offenses, including, but
not limited to, all offenses involving a violation of a section of
the Fish and Game Code, the Health and Safety Code, or the Vehicle
Code or any local ordinance adopted pursuant to the Vehicle Code.
This penalty is in addition to any other state or local penalty,
including, but not limited to, the penalty provided by Section 1464
of the Penal Code and Section 76000.
(2) This construction penalty does not apply to the following:
(A) Any restitution fine.
(B) Any penalty authorized by Section 1464 of the Penal Code or
Chapter 12 (commencing with Section 76000) of Title 8.
(C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(3) Any bail schedule adopted pursuant to Section 1269b of the
Penal Code or adopted by the Judicial Council pursuant to Section
40310 of the Vehicle Code may include the necessary amount to pay the
penalty established by this section, the penalties authorized by
Section 1464 of the Penal Code and Chapter 12 (commencing with
Section 76000) of Title 8, and the surcharge authorized by Section
1465.7 of the Penal Code for all matters where a personal appearance
is not mandatory and the bail is posted primarily to guarantee
payment of the fine. After a determination by the court of the amount
due, the clerk of the court shall collect the penalty and transmit
it immediately to the county treasury and the county treasurer shall
transmit these sums as provided in subdivision (f).
(b) In addition to the penalty provided by subdivision (a), for
every parking offense where a parking penalty, fine, or forfeiture is
imposed, an added state court construction penalty of four dollars
and fifty cents ($4.50) shall be included in the total penalty, fine,
or forfeiture. These moneys shall be taken from fines and
forfeitures deposited with the county treasurer prior to any division
pursuant to Section 1462.3 or 1463.009 of the Penal Code. In those
cities, districts, or other issuing agencies which elect to accept
parking penalties, and otherwise process parking violations pursuant
to Article 3 (commencing with Section 40200) of Chapter 1 of Division
17 of the Vehicle Code, that city, district, or issuing agency shall
observe the increased bail amounts as established by the court
reflecting the added penalty provided for by this subdivision. Each
agency that elects to process parking violations shall pay to the
county treasurer four dollars and fifty cents ($4.50) for the parking
penalty imposed by this subdivision for each violation that is not
filed in court. Those payments to the county treasurer shall be made
monthly, and the county treasurer shall transmit these sums as
provided in paragraph (2) of subdivision (f). In the event these
payments were deposited in a local courthouse construction fund and
expended pursuant to the provisions of Chapter 592 of the Statutes of
2003, no county or processing agency shall be liable for the failure
to transmit the payments to the Controller during the 2008 calendar
year.
(c) If multiple offenses are involved, the state court
construction penalty under subdivision (a) shall be based upon the
total fine or bail for each case. If a fine is suspended, in whole or
in part, the state court construction penalty under subdivision (a)
shall be reduced in proportion to the suspension.
(d) If any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state court construction penalty prescribed by
subdivision (a) for forfeited bail. If bail is returned, the state
court construction penalty paid thereon pursuant to subdivision (a)
shall also be returned.
(e) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state court construction
penalty, the payment of which would work a hardship on the person
convicted or his or her immediate family.
(f) (1) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (a), the
county treasurer shall transmit the moneys to the Controller, to be
deposited as follows:
(A) The total to be deposited pursuant to subdivision (a) shall be
multiplied by a fraction as follows:
(i) The numerator is the amount imposed as of January 1, 1998, as
an additional penalty on every ten dollars ($10), or part of ten
dollars ($10), upon every fine, penalty, or forfeiture, if any, for
deposit into the local courthouse construction fund in that county
established pursuant to Sections 76000 and 76100. The numerator shall
be expressed in whole dollars and fractions of a dollar.
(ii) The denominator is five dollars ($5).
(B) The resulting amount shall be deposited in the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.
(C) The remaining amount of the deposit shall be deposited in the
State Court Facilities Construction Fund.
(2) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (b), the
county treasurer shall transmit the moneys to the Controller to be
deposited as follows: one-third of the total amount shall be
deposited in the State Court Facilities Construction Fund and
two-thirds of the total amount shall be deposited in the Immediate
and Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.
SEC. 6. Section 633.8 of the Penal Code is amended to read:
633.8. (a) It is the intent of the Legislature in enacting this
section to provide law enforcement with the ability to use electronic
amplifying or recording devices to eavesdrop on and record the
otherwise confidential oral communications of individuals within a
location when responding to an emergency situation that involves the
taking of a hostage or the barricading of a location. It is the
intent of the Legislature that eavesdropping on oral communications
pursuant to this section comply with paragraph (7) of Section 2518 of
Title 18 of the United States Code.
(b) Notwithstanding the provisions of this chapter, and in
accordance with federal law, a designated peace officer described in
subdivision (c) may use, or authorize the use of, an electronic
amplifying or recording device to eavesdrop on or record, or both,
any oral communication within a particular location in response to an
emergency situation involving the taking of a hostage or hostages or
the barricading of a location if all of the following conditions are
satisfied:
(1) The officer reasonably determines that an emergency situation
exists involving the immediate danger of death or serious physical
injury to any person, within the meaning of Section 2518(7)(a)(i) of
Title 18 of the United States Code.
(2) The officer reasonably determines that the emergency
situation requires that the eavesdropping on oral communication occur
immediately.
(3) There are grounds upon which an order could be obtained
pursuant to Section 2516(2) of Title 18 of the United States Code in
regard to the offenses enumerated therein.
(c) Only a peace officer who has been designated by either a
district attorney in the county where the emergency exists, or by the
Attorney General to make the necessary determinations pursuant to
paragraphs (1), (2), and (3) of subdivision (b) may make those
determinations for purposes of this section.
(d) If the determination is made by a designated peace officer
described in subdivision (c) that an emergency situation exists, a
peace officer shall not be required to knock and announce his or her
presence before entering, installing, and using any electronic
amplifying or recording devices.
(e) If the determination is made by a designated peace officer
described in subdivision (c) that an emergency situation exists and
an eavesdropping device has been deployed, an application for an
order approving the eavesdropping shall be made within 48 hours of
the beginning of the eavesdropping and shall comply with the
requirements of Section 629.50. A court may grant an application
authorizing the use of electronic amplifying or recording devices to
eavesdrop on and record otherwise confidential oral communications in
barricade or hostage situations where there is probable cause to
believe that an individual is committing, has committed, or is about
to commit an offense listed in Section 2516(2) of Title 18 of the
United States Code.
(f) The contents of any oral communications overheard pursuant to
this section shall be recorded on tape or other comparable device.
The recording of the contents shall be done so as to protect the
recording from editing or other alterations.
(g) For purposes of this section, a "barricading" occurs when a
person refuses to come out from a covered or enclosed position.
Barricading also occurs when a person is held against his or her will
and the captor has not made a demand.
(h) For purposes of this section, a "hostage situation" occurs
when a person is held against his or her will and the captor has made
a demand.
(i) A judge shall not grant an application made pursuant to this
section in anticipation that an emergency situation will arise. A
judge shall grant an application authorizing the use of electronic
amplifying or recording devices to eavesdrop on and record otherwise
confidential oral communications in barricade or hostage situations
where there is probable cause to believe that an individual is
committing, has committed, or is about to commit an offense listed in
Section 2516(2) of Title 18 of the United States Code, and only if
the peace officer has fully complied with the requirements of this
section. If an application is granted pursuant to this section, an
inventory shall be served pursuant to Section 629.68.
(j) This section does not require that a peace officer designated
pursuant to subdivision (c) undergo training pursuant to Section
629.94.
(k) A peace officer who has been designated pursuant to
subdivision (c) to use an eavesdropping device shall cease use of the
device upon the termination of the barricade or hostage situation,
or upon the denial by a judge of an application for an order to
approve the eavesdropping, whichever is earlier.
(l) Nothing in this section shall be deemed to affect the
admissibility or inadmissibility of evidence.
SEC. 7. Section 904.7 of the Penal Code is amended to read:
904.7. (a) Notwithstanding subdivision (a) of Section 904.6 or
any other provision, in the County of San Bernardino, the presiding
judge of the superior court, or the judge appointed by the presiding
judge to supervise the grand jury, may, upon the request of the
Attorney General or the district attorney or upon his or her own
motion, order and direct the impanelment of an additional civil grand
jury pursuant to this section.
(b) The presiding judge or the judge appointed by the presiding
judge to supervise the grand jury shall select persons, at random,
from the list of trial jurors in civil and criminal cases and shall
examine them to determine if they are competent to serve as grand
jurors. When a sufficient number of competent persons have been
selected, they shall constitute an additional grand jury.
(c) Any additional civil grand jury that is impaneled pursuant to
this section may serve for a term as determined by the presiding
judge or the judge appointed by the presiding judge to supervise the
civil grand jury, but may be discharged at any time within the set
term by order of the presiding judge or the judge appointed by the
presiding judge to supervise the civil grand jury. In no event shall
more than one additional civil grand jury be impaneled pursuant to
this section at the same time.
(d) Whenever an additional civil grand jury is impaneled pursuant
to this section, it may inquire into matters of oversight, conduct
investigations, issue reports, and make recommendations, except for
any matters that the regular grand jury is inquiring into at the time
of its impanelment. Any additional civil grand jury impaneled
pursuant to this section shall not have jurisdiction to issue
indictments.
(e) It is the intent of the Legislature that, in the County of San
Bernardino, all persons qualified for jury service shall have an
equal opportunity to be considered for service as grand jurors within
the county, and that they have an obligation to serve, when summoned
for that purpose. All persons selected for an additional grand jury
shall be selected at random from a source or sources reasonably
representative of a cross section of the population that is eligible
for jury service in the county.
SEC. 8. Section 992 of the Penal Code is amended to read:
992. (a) (1) In any case in which the defendant is charged with a
felony, the court shall require the defendant to provide a right
thumbprint on a form developed for this purpose. Unless the court has
obtained the thumbprint at an earlier proceeding, it shall do so at
the arraignment on the information or indictment, or upon entry of a
guilty or no contest plea under Section 859a. The fingerprint form
shall include the name and superior court case number of the
defendant, the date, and the printed name, position, and badge or
serial number of the court bailiff who imprints the defendant's
thumbprint. In the event the defendant is physically unable to
provide a right thumbprint, the defendant shall provide a left
thumbprint. In the event the defendant is physically unable to
provide a left thumbprint, the court shall make a determination as to
how the defendant might otherwise provide a suitable identifying
characteristic to be imprinted on the judgment of conviction. The
clerk shall note on the fingerprint form which digit, if any, of the
defendant's was imprinted thereon. In the event that the defendant is
convicted, this fingerprint form shall be attached to the minute
order reflecting the defendant's sentence. The fingerprint form shall
be permanently maintained in the superior court file.
(2) This thumbprint or fingerprint shall not be used to create a
database. The Judicial Council shall develop a form to implement this
section.
(b) In the event that a county implements a countywide policy in
which every felony defendant's photograph and fingerprints are
permanently maintained in the superior court file, the presiding
judge of that county may elect, after consultation with the district
attorney, to continue compliance with this section.
SEC. 9. Section 1203.4 of the Penal Code, as amended by Section 76
of Chapter 178 of the Statutes of 2010, is amended to read:
1203.4. (a) In any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation, or has
been discharged prior to the termination of the period of probation,
or in any other case in which a court, in its discretion and the
interests of justice, determines that a defendant should be granted
the relief available under this section, the defendant shall, at any
time after the termination of the period of probation, if he or she
is not then serving a sentence for any offense, on probation for any
offense, or charged with the commission of any offense, be permitted
by the court to withdraw his or her plea of guilty or plea of nolo
contendere and enter a plea of not guilty; or, if he or she has been
convicted after a plea of not guilty, the court shall set aside the
verdict of guilty; and, in either case, the court shall thereupon
dismiss the accusations or information against the defendant and
except as noted below, he or she shall thereafter be released from
all penalties and disabilities resulting from the offense of which he
or she has been convicted, except as provided in Section 13555 of
the Vehicle Code. The probationer shall be informed, in his or her
probation papers, of this right and privilege and his or her right,
if any, to petition for a certificate of rehabilitation and pardon.
The probationer may make the application and change of plea in person
or by attorney, or by the probation officer authorized in writing.
However, in any subsequent prosecution of the defendant for any other
offense, the prior conviction may be pleaded and proved and shall
have the same effect as if probation had not been granted or the
accusation or information dismissed. The order shall state, and the
probationer shall be informed, that the order does not relieve him or
her of the obligation to disclose the conviction in response to any
direct question contained in any questionnaire or application for
public office, for licensure by any state or local agency, or for
contracting with the California State Lottery.
Dismissal of an accusation or information pursuant to this section
does not permit a person to own, possess, or have in his or her
custody or control any firearm or prevent his or her conviction under
Chapter 2 (commencing with Section 29800) of Division 9 of Title 4
of Part 6.
Dismissal of an accusation or information underlying a conviction
pursuant to this section does not permit a person prohibited from
holding public office as a result of that conviction to hold public
office.
This subdivision shall apply to all applications for relief under
this section which are filed on or after November 23, 1970.
(b) Subdivision (a) of this section does not apply to any
misdemeanor that is within the provisions of Section 42002.1 of the
Vehicle Code, to any violation of subdivision (c) of Section 286,
Section 288, subdivision (c) of Section 288a, Section 288.5, or
subdivision (j) of Section 289, any felony conviction pursuant to
subdivision (d) of Section 261.5, or to any infraction.
(c) (1) Except as provided in paragraph (2), subdivision (a) does
not apply to a person who receives a notice to appear or is otherwise
charged with a violation of an offense described in subdivisions (a)
to (e), inclusive, of Section 12810 of the Vehicle Code.
(2) If a defendant who was convicted of a violation listed in
paragraph (1) petitions the court, the court in its discretion and in
the interests of justice, may order the relief provided pursuant to
subdivision (a) to that defendant.
(d) A person who petitions for a change of plea or setting aside
of a verdict under this section may be required to reimburse the
court for the actual costs of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the court not to exceed one hundred fifty
dollars ($150), and to reimburse the county for the actual costs of
services rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by the
county board of supervisors not to exceed one hundred fifty dollars
($150), and to reimburse any city for the actual costs of services
rendered, whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the city council
not to exceed one hundred fifty dollars ($150). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the costs for services established
pursuant to this subdivision.
(e) Relief shall not be granted under this section unless the
prosecuting attorney has been given 15 days' notice of the petition
for relief. The probation officer shall notify the prosecuting
attorney when a petition is filed, pursuant to this section.
It shall be presumed that the prosecuting attorney has received
notice if proof of service is filed with the court.
(f) If, after receiving notice pursuant to subdivision (e), the
prosecuting attorney fails to appear and object to a petition for
dismissal, the prosecuting attorney may not move to set aside or
otherwise appeal the grant of that petition.
(g) Notwithstanding the above provisions or any other provision of
law, the Governor shall have the right to pardon a person convicted
of a violation of subdivision (c) of Section 286, Section 288,
subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of
Section 289, if there are extraordinary circumstances.
SEC. 10. Section 1203.4a of the Penal Code is amended to read:
1203.4a. (a) Every defendant convicted of a misdemeanor and not
granted probation, and every defendant convicted of an infraction,
shall, at any time after the lapse of one year from the date of
pronouncement of judgment, if he or she has fully complied with and
performed the sentence of the court, is not then serving a sentence
for any offense and is not under charge of commission of any crime
and has, since the pronouncement of judgment, lived an honest and
upright life and has conformed to and obeyed the laws of the land, be
permitted by the court to withdraw his or her plea of guilty or nolo
contendere and enter a plea of not guilty; or if he or she has been
convicted after a plea of not guilty, the court shall set aside the
verdict of guilty; and in either case the court shall thereupon
dismiss the accusatory pleading against the defendant, who shall
thereafter be released from all penalties and disabilities resulting
from the offense of which he or she has been convicted, except as
provided in Section 12021.1 of this code or Section 13555 of the
Vehicle Code. The defendant shall be informed of the provisions of
this section, either orally or in writing, at the time he or she is
sentenced. The defendant may make an application and change of plea
in person or by attorney, or by the probation officer authorized in
writing; provided, that in any subsequent prosecution of the
defendant for any other offense, the prior conviction may be pleaded
and proved and shall have the same effect as if relief had not been
granted pursuant to this section.
This subdivision applies to convictions which occurred before, as
well as those occurring after, the effective date of this section.
(b) Subdivision (a) does not apply to any misdemeanor falling
within the provisions of Section 42002.1 of the Vehicle Code, to any
infraction falling within the provisions of the Vehicle Code, or to
any local ordinance adopted pursuant to the Vehicle Code.
(c) A person who petitions for a dismissal of a charge under this
section may be required to reimburse the county and the court for the
cost of services rendered at a rate to be determined by the county
board of supervisors for the county and by the court for the court,
not to exceed sixty dollars ($60), and to reimburse any city for the
cost of services rendered at a rate to be determined by the city
council not to exceed sixty dollars ($60). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.
(d) A petition for dismissal of an infraction pursuant to this
section shall be by written declaration, except upon a showing of
compelling need. Dismissal of an infraction shall not be granted
under this section unless the prosecuting attorney has been given at
least 15 days' notice of the petition for dismissal. It shall be
presumed that the prosecuting attorney has received notice if proof
of service is filed with the court.
(e) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.
SEC. 11. Section 1466 of the Penal Code is amended to read:
1466. An appeal may be taken from a judgment or order, in an
infraction or misdemeanor case, to the appellate division of the
superior court of the county in which the court from which the appeal
is taken is located, in the following cases:
(a) By the people:
(1) From an order recusing the district attorney or city attorney
pursuant to Section 1424.
(2) From an order or judgment dismissing or otherwise terminating
all or any portion of the action, including such an order or
judgment, entered after a verdict or finding of guilty or a verdict
or judgment entered before the defendant has been placed in jeopardy
or where the defendant has waived jeopardy.
(3) From sustaining a demurrer to any portion of the complaint or
pleading.
(4) From an order granting a new trial.
(5) From an order arresting judgment.
(6) From any order made after judgment affecting the substantial
rights of the people.
(7) From the imposition of an unlawful sentence, whether or not
the court suspends the execution of sentence. As used in this
paragraph, "unlawful sentence" means the imposition of a sentence not
authorized by law or the imposition of a sentence based upon an
unlawful order of the court that strikes or otherwise modifies the
effect of an enhancement or prior conviction. A defendant shall have
the right to counsel in the people's appeal of an unlawful sentence
under the same circumstances that he or she would have a right to
counsel under subdivision (a) of Section 1238.
(8) Nothing in this section shall be construed to authorize an
appeal from an order granting probation. Instead, the people may seek
appellate review of any grant of probation, whether or not the court
imposes sentence, by means of a petition for a writ of mandate or
prohibition that is filed within 60 days after probation is granted.
The review of any grant of probation shall include review of any
order underlying the grant of probation.
(b) By the defendant:
(1) From a final judgment of conviction. A sentence, an order
granting probation, a conviction in a case in which before final
judgment the defendant is committed for insanity or is given an
indeterminate commitment as a mentally disordered sex offender, or
the conviction of a defendant committed for controlled substance
addiction shall be deemed to be a final judgment within the meaning
of this section. Upon appeal from a final judgment or an order
granting probation the court may review any order denying a motion
for a new trial.
(2) From any order made after judgment affecting his or her
substantial rights.
SEC. 12. Section 14303 of the Penal Code is amended to read:
14303. (a) There is hereby created, in the General Fund, the
Environmental Enforcement and Training Account and up to two million
dollars ($2,000,000) in the account may be expended annually by the
agency, upon appropriation by the Legislature, for the purposes of
this title.
(b) The agency may accept and receive any contribution of funds
from a public or private organization or an individual, including the
proceeds from a judgment in state or federal court, when the funds
are contributed or the judgment specifies that the proceeds are to be
used to carry out the purposes of this title. Private contributors
shall not have the authority to further influence or direct the use
of their contributions.
(c) The agency shall immediately deposit any funds contributed
pursuant to subdivision (b) in the account.
(d) As of January 1, 2003, all unallocated funds in the Hazardous
Materials Enforcement and Training Account created pursuant to
Chapter 743 of the Statutes of 1992 that derive from court judgments
specifying that the funds may be used only for purposes of this title
shall be transferred to the Environmental Enforcement and Training
Account.
(e) (1) Any funds that are appropriated by the Legislature
pursuant to subdivision (a), allocated pursuant to Section 14314, and
declined by the commission, shall be reallocated by the secretary as
described in Section 14314.
(2) This subdivision applies to funds that are appropriated for
the 2011-12 fiscal year and each fiscal year thereafter.
SEC. 13. Section 14314 of the Penal Code is amended to read:
14314. Notwithstanding any other provision of this title, the
agency shall not implement this title until there is an amount of one
hundred thousand dollars ($100,000) in the account.
Funds in the account shall be divided as follows:
(a) Twenty-five percent or one hundred thousand dollars ($100,000)
to the commission, whichever is less. The commission may decline all
or part of the funds allocated to it pursuant to this subdivision.
Any funds so declined shall be reallocated by the secretary to any of
the entities listed in subdivisions (b), (c), and (d) for the
training of peace officers consistent with this title.
(b) Twenty-five percent to the secretary for allocation to the
Environmental Circuit Prosecutor Project pursuant to Chapter 4
(commencing with Section 14309).
(c) Twenty-five percent to the secretary for allocation to the
California District Attorneys Association for training and assistance
pursuant to Chapter 3 (commencing with Section 14306).
(d) (1) The balance to the secretary for grants awarded to
programs pursuant to Chapter 3 (commencing with Section 14306) or
Chapter 4 (commencing with Section 14309) based on need or in order
to sustain the current level of presence and enforcement for those
programs.
(2) Notwithstanding paragraph (1), the commission may also seek
additional funding from the money allocated in this subdivision based
on need if the environmental law enforcement training is mandated or
if there are substantial changes in the law that require the
commission to revise its environmental law courses.
(e) The secretary shall develop an application process for
awarding funds to programs pursuant to subdivisions (b), (c), and
(d).
SEC. 14. Any section of any act, other than Assembly Bill 1023,
enacted by the Legislature during the 2011 calendar year that takes
effect on or before January 1, 2012, and that amends, amends and
renumbers, adds, repeals and adds, or repeals any one or more of the
sections affected by this act shall prevail over this act, whether
this act is enacted prior to, or subsequent to, the enactment of that
act. The repeal, or repeal and addition, of any article, chapter,
part, title, or division of any code by this act shall not become
operative if any section of any other act, other than Assembly Bill
1023, that is enacted by the Legislature during the 2011 calendar
year and takes effect on or before January 1, 2012, amends, amends
and renumbers, adds, repeals and adds, or repeals any section
contained in that article, chapter, part, title, or division.
