LEGISLATIVE COUNSEL'S DIGEST


SB 1062, as introduced, Strickland. Public safety omnibus bill.
(1) Existing law provides the circumstances in which a local or
state government agency may procure the financial records of an
individual in the course of a criminal or civil investigation and
specifies certain instances where the dissemination of financial
records may be required by an order by a judge. Under existing law a
court may order the production of relevant records in the possession
of a real estate recordholder upon the ex parte application by a
peace officer stating the records are relevant to an ongoing felony
fraud investigation.
This bill would state that the provisions of existing law
regarding the procurement of financial records by the government do
not prohibit the production of real estate documents upon the ex
parte application of a peace officer during the course of the felony
fraud investigation.
(2) Under existing law, persons convicted of specified drug
offenses are subject to a separate consecutive 3-year term of
imprisonment for each prior conviction of an offense in a list of
similar drug offenses.
This bill would expand these lists of drug offenses.
(3) Under existing law it is a crime to bring a taser into a state
or local building, into the secure area of an airport, or to a
school. Provisions of existing law also impose various penalties for
assaulting someone with a taser. Existing law defines the term "less
lethal weapon" as any device that is designed to expel less lethal
ammunition for the purpose of incapacitating, immobilizing, or
stunning a human being through the infliction of any less than lethal
impairment of physical condition, function, or senses, including
physical pain or discomfort.
This bill would replace the term "taser" with the term "less
lethal weapon" in various provisions of the Penal Code as provided.
(4) Under existing law the pimping of, or the pandering of, a
minor is a felony. Existing law imposes a higher triad of sentences
if the minor is under 16 years of age than if the minor is over 16
years of age but does not specify the possible sentences if the minor
is exactly 16 years of age.
This bill would clarify that if the minor victim is exactly 16
years of age or older, the lower triad of sentences applies.
(5) Existing law makes it a crime to posses a firearm if the
person knows he or she is prohibited from doing so by the provisions
of specified protective orders.
This bill would apply these provisions to a protective order
sought by an officer of a postsecondary educational institution where
a student has suffered a credible threat of violence.
(6) Two existing provisions of law both enact the California
Community Corrections Performance Incentives Act. One of these
provisions includes a victim representative on a local advisory panel
created by the act.
This bill would repeal the version of the act that does not
include the victim representative in its provisions.
(7) Under existing law, the service of a subpoena by mail or
messenger is effected if and when the recipient acknowledges receipt
of the subpoena. Under existing law acknowledgment may be made by
telephone, mail, or in person.
This bill would include any form of electronic communication as an
acceptable means of acknowledging the receipt of a subpoena for
purposes of affecting service.
(8) Existing law requires criminal background checks be performed
for prospective in-home service providers as a condition of IHSS
enrollment. If the applicant or provider is rejected as a result of
information contained in the criminal background report, existing law
requires that he or she receive a copy of that report from the
Department of Justice, that he or she be advised of his or her right
to contest the criminal background report, and that he or she be
informed of his or her right to submit a claim and proof of indigency
for a waiver of the fee for obtaining a copy of a criminal history
record.
This bill would provide that if an applicant or provider is
rejected as a result of information contained in the criminal
background report, the individual shall receive a copy of the
Department of Justice criminal offender record information response
from the primary response recipient.
(9) This bill would make various technical corrections.
(10) The bill would provide that any section of any other act
enacted by the Legislature during the 2010 calendar year that takes
effect on or before January 1, 2011, and that affects a provision of
this act would prevail over this act.
(11) By expanding the scope of crimes involving the use of a taser
to encompass crimes committed with a less lethal weapon, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.