Bill Text: CA SB663 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Local government: redevelopment: revenues from property tax override rates.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed - Dead) 2014-08-14 - Set, second hearing. Held under submission. [SB663 Detail]

Download: California-2013-SB663-Amended.html

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BILL NUMBER: SB 663	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 21, 2014
	AMENDED IN SENATE  JANUARY 6, 2014
	AMENDED IN SENATE  APRIL 2, 2013

INTRODUCED BY   Senator Lara

                        FEBRUARY 22, 2013

   An act to amend Sections 1048.1  and   ,
 1050  , and 13515.30  of, and to add Section 13519.06
to, the Penal Code, relating to crime.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 663, as amended, Lara. Crimes: persons with developmental and
intellectual disabilities.
   (1) Existing law requires that, in scheduling a trial date at an
arraignment in superior court involving any of specified offenses,
including sexual assault, reasonable efforts be made to avoid setting
that trial, when that case is assigned to a particular prosecuting
attorney, on the same day that another case is set for trial
involving the same prosecuting attorney. Existing law also requires
that continuances be granted only upon a showing of good cause and
defines good cause to include specified cases, including cases of
sexual abuse, sexual assault, and domestic violence.
   This bill would make those provisions applicable to a case
involving a crime against a person with a developmental disability.
   (2) Existing law directs the Commission on Peace Officer Standards
and Training to establish minimum standards relating to the training
of law enforcement officers and establishes standards that are
specifically applicable in specific types of cases, including
domestic violence and the handling of persons with developmental
disabilities or mental illness.  Existing law also requires the
commission to establish and keep updated a continuing education
training course relating to law enforcement interaction with mentally
disabled and developmentally disabled persons living within a state
mental hospital or state developmental center. 
   The bill would require the Commission on Peace Officer Standards
and Training, upon the next regularly scheduled review of a training
module relating to persons with disabilities, to create and make
available on DVD and to distribute electronically a course on the
steps that may be taken in developing a training course regarding the
investigation of crimes against or involving individuals with
developmental disabilities, intellectual disabilities, cognitive
impairments, and communication impairments, as specified.  The
bill would also require the continuing education training course
relating to law enforcement interaction with mentally disabled and
developmentally disabled persons living within a state mental
hospital or state developmental center to be integrated and
coordinated with the training course developed pursuant to the bill.

   The bill would also express the intent of the Legislature in
enacting  this   the  provision 
developing the new course  to encourage the establishment of
crime investigation units in law enforcement agencies throughout the
state specializing in investigating crimes against or involving
individuals with developmental disabilities, intellectual
disabilities, cognitive impairments, and communication impairments,
including, but not limited to, investigating crimes involving the
sexual exploitation and sexual abuse of developmentally disabled
children and adults.
   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 1048.1 of the Penal Code is amended to read:
   1048.1.   (a)    In scheduling a
trial date at an arraignment in superior court involving any of the
following offenses, reasonable efforts shall be made to avoid setting
that trial, when that case is assigned to a particular prosecuting
attorney, on the same day that another case is set for trial
involving the same prosecuting attorney: 
   (1) 
    (a)  Murder, as defined in subdivision (a) of Section
187. 
   (2) 
    (b)  An alleged sexual assault offense, as described in
subdivisions (a) and (b) of Section 11165.1. 
   (3) 
    (c)  Alleged child abuse offense, as described in
Section 11165.6. 
   (4) 
    (d)  A case being handled in the Career Criminal
Prosecution Program pursuant to Sections 999b to 999h, inclusive.

   (5) 
    (e)  A case involving an allegation of a crime committed
against a person with a developmental disability. 
   (b) For purposes of this section, a "developmental disability" has
the same meaning as found in subdivision (h) of Section 1385 of the
Evidence Code. 
  SEC. 2.  Section 1050 of the Penal Code is amended to read:
   1050.  (a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for
trial and heard and determined at the earliest possible time. To this
end, the Legislature finds that the criminal courts are becoming
increasingly congested with resulting adverse consequences to the
welfare of the people and the defendant. Excessive continuances
contribute substantially to this congestion and cause substantial
hardship to victims and other witnesses. Continuances also lead to
longer periods of presentence confinement for those defendants in
custody and the concomitant overcrowding and increased expenses of
local jails. It is therefore recognized that the people, the
defendant, and the victims and other witnesses have the right to an
expeditious disposition, and to that end it shall be the duty of all
courts and judicial officers and of all counsel, both for the
prosecution and the defense, to expedite these proceedings to the
greatest degree that is consistent with the ends of justice. In
accordance with this policy, criminal cases shall be given precedence
over, and set for trial and heard without regard to the pendency of,
any civil matters or proceedings. In further accordance with this
policy, death penalty cases in which both the prosecution and the
defense have informed the court that they are prepared to proceed to
trial shall be given precedence over, and set for trial and heard
without regard to the pendency of, other criminal cases and any civil
matters or proceedings, unless the court finds in the interest of
justice that it is not appropriate.
   (b) To continue any hearing in a criminal proceeding, including
the trial, (1) a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary and
(2) within two court days of learning that he or she has a conflict
in the scheduling of any court hearing, including a trial, an
attorney shall notify the calendar clerk of each court involved, in
writing, indicating which hearing was set first. A party shall not be
deemed to have been served within the meaning of this section until
that party actually has received a copy of the documents to be
served, unless the party, after receiving actual notice of the
request for continuance, waives the right to have the documents
served in a timely manner. Regardless of the proponent of the motion,
the prosecuting attorney shall notify the people's witnesses and the
defense attorney shall notify the defense's witnesses of the notice
of motion, the date of the hearing, and the witnesses' right to be
heard by the court.
   (c) Notwithstanding subdivision (b), a party may make a motion for
a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause for
the failure to comply with those requirements, the court may impose
sanctions as provided in Section 1050.5.
   (d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements. At the conclusion of the hearing, the
court shall make a finding whether good cause has been shown and, if
it finds that there is good cause, shall state on the record the
facts proved that justify its finding. A statement of the finding and
a statement of facts proved shall be entered in the minutes. If the
moving party is unable to show good cause for the failure to give
notice, the motion for continuance shall not be granted.
   (e) Continuances shall be granted only upon a showing of good
cause. Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.
   (f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if it
finds that there is good cause, shall state on the record the facts
proved that justify its finding. A statement of facts proved shall be
entered in the minutes.
   (g) (1) When deciding whether or not good cause for a continuance
has been shown, the court shall consider the general convenience and
prior commitments of all witnesses, including peace officers. Both
the general convenience and prior commitments of each witness also
shall be considered in selecting a continuance date if the motion is
granted. The facts as to inconvenience or prior commitments may be
offered by the witness or by a party to the case.
   (2) For purposes of this section, "good cause" includes, but is
not limited to, those cases where any of the following has occurred
and the prosecuting attorney assigned to the case has another trial,
preliminary hearing, or motion to suppress in progress in that court
or another court:
   (A) Murder, as defined in subdivision (a) of Section 187.
   (B) Allegations that involve stalking, as defined in Section
646.9.
   (C) A violation of one or more of the sections specified in
subdivision (a) of Section 11165.1 or Section 11165.6.
   (D) Domestic violence as defined in Section 13700.
   (E) A case being handled in the Career Criminal Prosecution
Program pursuant to Sections 999b to 999h, inclusive.
   (F) A hate crime, as defined in Title 11.6 (commencing with
Section 422.6) of Part 1.
   (G) A case involving a crime against a person with a developmental
disability.
   (H) A continuance under this subdivision shall be limited to a
maximum of 10 additional court days.
   (3) Only one continuance per case may be granted to the people
under this subdivision for cases involving stalking, hate crimes, or
cases handled under the Career Criminal Prosecution Program. Any
continuance granted to the people in a case involving stalking or
handled under the Career Criminal Prosecution Program shall be for
the shortest time possible, not to exceed 10 court days.
   (h) Upon a showing that the attorney of record at the time of the
defendant's first appearance in the superior court on an indictment
or information is a Member of the Legislature of this state and that
the Legislature is in session or that a legislative interim committee
of which the attorney is a duly appointed member is meeting or is to
meet within the next seven days, the defendant shall be entitled to
a reasonable continuance not to exceed 30 days.
   (i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion. Whenever any continuance is granted, the court shall
state on the record the facts proved that justify the length of the
continuance, and those facts shall be entered in the minutes.
   (j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the Chair
of the Judicial Council.
   (k) This section shall not apply when the preliminary examination
is set on a date less than 10 court days from the date of the
defendant's arraignment on the complaint, and the prosecution or the
defendant moves to continue the preliminary examination to a date not
more than 10 court days from the date of the defendant's arraignment
on the complaint.
   ( l  ) This section is directory only and does not
mandate dismissal of an action by its terms. 
   (m) For purposes of this section, a "developmental disability" has
the same meaning as found in subdivision (h) of Section 1385 of the
Evidence Code. 
   SEC. 3.    Section 13515.30 of the  Penal
Code   is amended to read: 
   13515.30.  (a) By July 1, 2015, the Commission on Peace Officer
Standards and Training shall establish and keep updated a continuing
education training course relating to law enforcement interaction
with mentally disabled and developmentally disabled persons living
within a state mental hospital or state developmental center. The
training course shall be developed by the commission in consultation
with appropriate community, local, and state organizations and
agencies that have expertise in the area of mental illness and
developmental disability, and with appropriate consumer and family
advocate groups. In developing the course, the commission shall also
examine existing courses certified by the commission that relate to
mentally disabled and developmentally disabled persons.  The
course shall be integrated and coordinated with the training course
established pursuant to Section 13519.06.  The commission shall
make the course available to all law enforcement agencies in
California, and the course shall be required for law enforcement
personnel serving in law enforcement agencies with jurisdiction over
state mental hospitals and state developmental centers, as part of
the agency's officer training program.
   (b) The course described in subdivision (a) may consist of
video-based or classroom instruction. The course shall include, at a
minimum, core instruction in all of the following:
   (1) The prevalence, cause, and nature of mental illnesses and
developmental disabilities.
   (2) The unique characteristics, barriers, and challenges of
individuals who may be a victim of abuse or exploitation living
within a state mental hospital or state developmental center.
   (3) How to accommodate, interview, and converse with individuals
who may require assistive devices in order to express themselves.
   (4) Capacity and consent of individuals with cognitive and
intellectual barriers.
   (5) Conflict resolution and deescalation techniques for
potentially dangerous situations involving mentally disabled or
developmentally disabled persons.
   (6) Appropriate language usage when interacting with mentally
disabled or developmentally disabled persons.
   (7) Community and state resources and advocacy support and
services available to serve mentally disabled or developmentally
disabled persons, and how these resources can be best utilized by law
enforcement to benefit the mentally disabled or developmentally
disabled community.
   (8) The fact that a crime committed in whole or in part because of
an actual or perceived disability of the victim is a hate crime
punishable under Title 11.6 (commencing with Section 422.55) of Part
1.
   (9) Information on the state mental hospital system and the state
developmental center system.
   (10) Techniques in conducting forensic investigations within
institutional settings where jurisdiction may be shared.
   (11) Examples of abuse and exploitation perpetrated by caregivers,
staff, contractors, or administrators of state mental hospitals and
state developmental centers, and how to conduct investigations in
instances where a perpetrator may also be a caregiver or provider of
therapeutic or other services.
   SEC. 3.   SEC. 4.  Section 13519.06 is
added to the Penal Code, to read:
   13519.06.  (a) It is the intent of the Legislature in enacting
this section to encourage the establishment of crime investigation
units in law enforcement agencies throughout the state specializing
in investigating crimes against or involving individuals with
developmental disabilities, intellectual disabilities, cognitive
impairments, and communication impairments, including, but not
limited to, investigating crimes involving the sexual exploitation
and sexual abuse of developmentally disabled children and adults.
   (b) The Commission on Peace Officer Standards and Training, upon
the next regularly scheduled review of a training module relating to
persons with disabilities, shall create and make available on DVD and
may distribute electronically a course on the steps that may be
taken in developing a training course regarding the investigation of
crimes against or involving individuals with developmental
disabilities, intellectual disabilities, cognitive impairments, and
communication impairments. The course regarding the development of
the training course shall be developed in consultation with
appropriate community, local, and state organizations and agencies
that have expertise in the area of developmental disabilities and
with appropriate consumer and family advocacy groups.  The course
shall be integrated and coordinated with the training course
established pursuant to Section 13515.30.  The training shall,
at a minimum, include all of the following subjects:
   (1) Statutes, ordinances, and other state and federal laws
relating to crimes involving persons with developmental disabilities,
intellectual disabilities, cognitive impairments, and communication
impairments.
   (2) The prevalence, nature, and recognition of developmental
disabilities, intellectual disabilities, cognitive impairments, and
communication impairments.
   (3) The incidences of crime involving persons who suffer from
developmental disabilities, intellectual disabilities, cognitive
impairments, and communication impairments.
   (4) Reporting requirements and procedures for crimes involving
persons who suffer from developmental disabilities, intellectual
disabilities, cognitive impairments, and communication impairments.
   (5) The unique characteristics, barriers, and challenges of
individuals with developmental disabilities, intellectual
disabilities, cognitive impairments, and communication impairments
who may be victims of abuse or exploitation, including issues
relating to capacity and consent, and specific examples of abuse and
exploitation, including incidents perpetrated by caregivers, facility
or program staff, contractors, or facilities and programs serving
individuals with developmental disabilities, intellectual
disabilities, cognitive impairments, and communication impairments.
   (6) Techniques to accommodate, interview, and converse with an
individual who may require assistive devices in order to communicate
for himself or herself.
   (7) Techniques for conducting investigations in which a criminal
defendant may also be a caregiver or provider of therapeutic or other
services.
   (8) Procedures for minimizing the number of times individuals with
developmental disabilities,  developmental disabilities,
 intellectual disabilities, cognitive impairments, and
communication impairments are interviewed by law enforcement
personnel.
   (9) Appropriate language and communication when interacting with
people with developmental disabilities, intellectual disabilities,
cognitive impairments, and communication impairments.
   (10) Community and state resources and advocacy support and
services available to serve people with developmental disabilities,
intellectual disabilities, cognitive impairments, and communication
impairments and how these resources can best be utilized by law
enforcement. 
   (11) Information regarding private institutions that provide care
to developmentally disabled persons.  
   (12) Information regarding family and social dynamics in matters
involving persons with developmental disabilities.