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Bills Signed and Vetoed in 1998 "Bills Signed and Vetoed in 1998" October 1998 FRIEND - For your information, the staff of our Senate Committee on Public Safety has prepared this summary of bills sent to the Governor in 1998 pertaining to our committee's subject-matter jurisdiction. I hope this compilation of public safety legislation will facilitate access to the new laws enacted this year. Most will take effect January 1, l999. Measures vetoed by the Governor are included to note disparate views between the Legislature and Governor. Moreover, vetoed bills are often reintroduced--in one form or another--in subsequent years. Our Senate Committee on Public Safety again considered the largest number of bills of any Senate policy committee. Our workload reflects continuing interest and concern about issues pertaining to our public safety and the systems which are intended to secure, even enhance, it. Our committee began this year's work with a hearing on "Persons with Developmental Disabilities in Our Criminal Justice System" and a joint hearing on "Prisons and Parole: Do They Promote Public Safety?" Those hearings set the framework for deliberations on many legislative proposals considered this year, hopefully reflecting an effort to keep faith with the testimony presented at those hearings. In addition, our committee held joint hearings with three other committees on the issue of abuses occurring in Corcoran State Prison. Those hearings gave major legitimization and impetus to enacting several bills to vastly improve the internal affairs operation of the California Department of Corrections. I expect those bills are only a beginning; more reforms will likely become the subject of discussion next session. Each of the measures included in this summary is available from several sources: Copies of chaptered bills may be requested at no cost from the Legislative Bill Room, State Capitol, Room B-32, Sacramento, CA 95814 or by calling (916) 445-2323; Copies of vetoed bills are available until February 1999; The Legislative Data Center maintains a website where these bills and analyses are available: http://www.leginfo.ca.gov/bilinfo.html. The text of this summary (without the two Indexes or the Table of Statutes Affected) is also available under "WHAT’S NEW!!!", Senate Committee Postings, at the Senate Home Page: / I hope this legislative summary is useful to you, and to your constituents, as you--and they--prepare for our (hopefully safer) future. I wish you well – JOHN VASCONCELLOS CONTENTS Editor’s Notes xi I. CHILD ABUSE SB 645 (Polanco): Chapter 949: Medical examinations. 1 SB 2031 (Lockyer): VETOED: Prosecution of crimes against children and the elderly. Urgency. 1 AB 2316 (Knox): Chapter 900: Suspected child abuse and neglect reports. 2 II. COMPUTER CRIMES SB 1734 (Johnston): Chapter 555: High-tech crimes. Urgency. 3 SB 1796 (Leslie): Chapter 825: Stalking: cyberstalking. 3 AB 1629 (Miller and Cunneen): Chapter 863: Advertising: telephonic sellers: electronic mail. 4 AB 2351 (Hertzberg): Chapter 826: Computer crime. 5 III. CONTROLLED SUBSTANCES SB 1089 (Lockyer and Rainey): Chapter 101: Controlled substances: public park or oceanfront beach. Urgency. 7 SB 1539 (Solis): Chapter 305: Controlled substances: iodine: red phosphorous. 7 SB 1691 (Rainey): VETOED: Controlled substances: retail distributors. 8 AB 209 (Baca): VETOED: Controlled substances: Drug Court Treatment Program. 8 AB 1384 (Havice): Chapter 613: Controlled substances: abatement. 9 AB 1731 (Bowler): Chapter 358: Ketamine: unauthorized possession. 9 AB 1733 (Machado): Chapter 654: Personal income taxes: contributions: D.A.R.E. California (Drug Abuse Resistance Education) Fund. 10 AB 2369 (Wayne): Chapter 425: Controlled substances. 10 AB 2569 (Kuehl): Chapter 723: Controlled substances: public libraries. Urgency 11 AB 2687 (Gallegos): Chapter 750: Healing arts: dispensing drugs. Urgency. 11 IV. CORRECTIONS AB 2649 (Figueroa): Chapter 551: Corrections: detainees: prohibited employment. 13 Local Corrections SB 1485 (Rosenthal): Chapter 501: Mentally ill offender crime reduction grants. 14 SB 1549 (Knight): Chapter 73: Work release: weed and rubbish abatement. 14 AB 423 (Thomson): VETOED: Substance abuse programs for female offenders. 15 AB 531 (Knox): Chapter 258: Home detention: escape. 15 AB 1655 (Wright): Chapter 767: Corrections: prisoner detention. 16 Parole/Probation SB 1420 (Rainey): Chapter 74: Continuous electronic monitoring: parolees, probationers and jail inmates. 17 SB 1603 (Committee on Budget and Fiscal Review): VETOED: Department of Corrections: parole system: pilot projects. 17 SB 1605 (Committee on Budget and Fiscal Review): VETOED: Department of Corrections. 17 SB 1750 (Watson): VETOED: Paroles: nonviolent violations. 18 AB 743 (Washington): Chapter 498: Probation: 12th grade education. 18 AB 2321 (Knox): Chapter 526: Preventing Parolee Crime Program. Urgency. 19 Prisons and Prisoners SB 295 (Rainey): Chapter 338: Corrections. Urgency. 21 SB 491 (Brulte and Vasconcellos): Chapter 500: State Property: Department of Corrections. Urgency. 22 SB 1827 (Monteith): Chapter 843: Prisoners: medical testing. 23 SB 1913 (Ayala): Chapter 969: Corrections: Office of the Inspector General. 24 SB 2108 (Vasconcellos and Brulte): Chapter 502: Department of Corrections: correctional facilities and programs. Urgency. 25 SCR 67 (Polanco): Resolution Chapter 101: Joint Legislative Committee on Prison Construction and Operations. 26 AB 164 (Knox): Chapter 558: Incitement to riot: correctional facilities. 27 AB 271 (Villaraigosa): Chapter 762: Correctional peace officers standards and training. 27 AB 570 (Battin and Leonard): Chapter 593: Corrections: prison construction. 28 AB 805 (Woods): VETOED: Conservation camps. 29 AB 986 (Migden): Chapter 28: Department of Corrections: disabled inmates. Urgency. 29 AB 2386 (Bordonaro): Chapter 705: Children: incarcerated parents. 30 AB 2745 (Cardoza): Chapter 704: Children: incarcerated parents. 30 V. COURT HEARINGS AND PROCEDURES Bail SB 55 (Kopp): Chapter 726: Bail. 31 SB 1480 (Kopp): Chapter 520: Criminal procedure. 31 SB 1632 (Johnson): Chapter 183: Bench warrants. 32 AB 2083 (Baugh): Chapter 223: Criminal procedure: bail. 32 AB 2733 (Wildman): VETOED: Bail fugitive recovery persons. 33 Criminal Procedure SB 1558 (McPherson): Chapter 98: Criminal procedure: dismissal. 35 SB 1728 (Thompson): Chapter 122: Prisoners: testimony. 35 SB 1850 (Schiff): Chapter 208: Criminal procedure: appeals by the people . 36 SB 1927 (Schiff): Chapter 630: Criminal procedure: discovery. 36 SB 1970 (Schiff): Chapter 692: Arrest warrants: electronic mail. 37 AB 126 (Papan): Chapter 97: Criminal procedure: testimony: witnesses. 37 AB 302 (Runner): Chapter 148: Mental health: disclosure of records: law enforcement. 38 AB 635 (Oller): Chapter 356: Testimony: closed-circuit television. 39 AB 1077 (Cardoza): Chapter 669: Crime victims: criminal procedure. 40 AB 1332 (Murray): Chapter 696: DNA and Forensic Identification Data Base and Data Bank Act of 1998. 40 AB 1531 (Shelley): Chapter 187: Domestic violence: CLETS. 41 AB 1681 (Sweeney): Chapter 72: Suspect identification system: digital image. 42 AB 1692 (Bowen): Chapter 670: Criminal procedure: closed-circuit testimony. 42 AB 1858 (Ackerman): Chapter 51: Criminal proceedings: prosecutors: recusals. 43 AB 2197 (Washington): Chapter 1061: Infractions: penalties: community service. 43 AB 2734 (Pacheco): Chapter 302: Criminal procedure: territorial jurisdiction. 43 Evidence SB 177 (Kopp): Chapter 100: Evidence: proof of the content of a writing. 45 Judges, Jurors and Witnesses AB 377 (Baugh): Chapter 755: Grand juries. 46 AB 1907 (Woods): Chapter 230: Grand jury. 46 AB 1922 (Firestone): Chapter 512: Obstruction of justice: judicial officials. 47 AB 2551 (Migden): VETOED: Jurors: fees. 47 VI. Death Penalty and MURDER SB 469 (Rainey): Chapter 549: Murder: jurisdiction: special circumstance. 49 SB 1407 (Lockyer): Chapter 278: Crimes: manslaughter. 49 SB 1441 (Kopp): Chapter 235: Criminal procedure: indigent defendants: capital cases. 50 SB 1878 (Kopp): Chapter 629: Murder: special circumstance. 51 AB 1754 (Havice): Chapter 61: Criminal procedure: trial date: continuance of proceeding. 51 VII. DOMESTIC VIOLENCE SB 326 (Leslie): Chapter 706: Restraining orders. Urgency. 53 SB 489 (Alpert): Chapter 1005: Public records: confidential information. 53 SB 1470 (Thompson): Chapter 182: Warrantless arrests. 54 SB 1682 (Solis): Chapter 707: Evidence. 55 SB 1830 (Lockyer): VETOED: Domestic violence medical examinations. 55 AB 285 (Honda): VETOED: Teacher training. 56 AB 1201 (Murray): Chapter 698: Victim information. 57 AB 1767 (Havice): Chapter 699: Domestic violence. 57 AB 1900 (Cardenas): Chapter 511: Confidentiality. 58 AB 2172 (Sweeney): Chapter 701: Domestic violence: officer response. 58 AB 2700 (Kuehl): Chapter 703: Domestic violence courts. 59 VIII. ELDER AND DEPENDENT ADULT ABUSE SB 1715 (Calderon): Chapter 935: Elder and dependent adult abuse. 61 SB 1868 (Hughes): VETOED: Elder person and dependent adult abuse. 62 SB 2199 (Lockyer): Chapter 946: Elder and dependent adult abuse. 63 AB 190 (Napolitano): Chapter 944: Elder abuse: statute of limitations. 64 AB 880 (Hertzberg): Chapter 934: Elder abuse. 65 AB 1780 (Murray): Chapter 980: Elder abuse: reporting requirements. 65 IX. EMPLOYMENT BACKGROUND CHECKS AB 75 (Alby): Chapter 452: Crime prevention: fingerprints. Urgency 67 AB 1392 (Scott): Chapter 594: School employees. 67 AB 2102 (Alby): Chapter 840: School employees. 67 AB 2447 (Campbell): VETOED: School employees. Urgency. 68 X. ENHANCEMENTS
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