California 2009-2010 Regular Session Status: To Executive 1 R cosponsors

SB 174 — Public safety and welfare.

Last action — Chaptered by Secretary of State. Chapter 35, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that a person shall not engage in specified transactions relating to explosives without having received a permit from the appropriate issuing authority. Existing law forbids the authority to inquire with the Department of Justice for a determination of whether the applicant meets specified criteria and should be granted or denied a permit. Existing law forbids the department to disclose the contents of a person's records to any unauthorized person. This bill would provide that if an applicant becomes ineligible to hold a permit, the Department of Justice shall provide to the issuing authority any subsequent arrest and conviction information supporting that ineligibility. Existing law, the Sex Offender Registration Act, provides that every person who is required to register as a sex offender who is living as a transient is required to register for the rest of his or her life, as specified. Any person required to register under the act who willfully violates any requirement of the act is guilty of a misdemeanor or a felony, as specified. This bill would provide that if a transient convicted as a sex offender in another jurisdiction enters the state, he or she shall register within 5 working days of coming into California with the chief of police of the city in which he or she is present or the sheriff of the county if he or she is present in an unincorporated area or city that has no police department. This bill would impose a state-mandated program on local government by expanding the scope of an existing crime and requiring additional administration by local agencies. Existing law requires the Department of Justice to make reports to the Legislature regarding specified provisions of the Sex Offender Registration Act. This bill would delete those reporting provisions. Existing law specifies persons who are peace officers whose authority extends to any place in the state. This bill would state that the Chief Assistant Inspector General, Deputy Inspector General In Charge, Senior Assistant Inspector General, and Special Assistant Inspector General are included within the group of persons who are peace officers whose authority extends to any place in the state. Existing law includes a county jail within the term "treatment facility" for purposes of administering antipsychotic medication pursuant to a court order, as specified. Under existing law, that provision is repealed as of January 1, 2010, unless another statute deletes or extends that date. This bill would extend that repeal date to January 1, 2015. Existing law establishes the Office of the Inspector General for the purpose of conducting audits and investigations of the Department of Corrections and Rehabilitation, as specified. Under existing law, the Department of Corrections and Rehabilitation is required to establish a certification program for investigators under the jurisdiction of the Inspector General, in consultation with the Commission on Correctional Peace Officer Standards and Training and the Inspector General, as specified. Existing law generally regulates the employment requirements and training requirements for investigators under the jurisdiction of the Office of the Inspector General. This bill would, instead, require the Inspector General to establish a certification program for peace officers under the jurisdiction of the Inspector General. This bill would require that the peace officer training course shall be consistent with the standard course used by the Commission on Peace Officer Standards and Training, as specified. This bill would also require peace officers under the jurisdiction of the Inspector General who conduct investigations for the Inspector General to complete an investigation training consistent with standard courses used by other major law enforcement investigative offices, as specified. This bill would require all peace officers under the jurisdiction of the Inspector General to successfully pass a psychological screening exam before becoming employed with the Office of the Inspector General, as specified. Existing law excludes certain books, papers, records, and correspondence of the Office of the Inspector General from disclosure requirements for public records. Existing law also excludes those books, papers, records, and correspondence from the requirements of certain civil subpoenas, as specified. This bill would, in addition, exclude any papers, correspondence, memoranda, electronic communications, or other documents pertaining to contemporaneous public oversight by the Inspector General from those requirements. This bill would also exclude all of the specified books, papers, records, and correspondence from the disclosure requirements relating to proceedings relating to an adverse action taken against a state civil servant, as specified. This bill would also make various technical, nonsubstantive, and clarifying changes to provisions related to the Office of the Inspector General, as specified. Existing law requires a person applying to be a fingerprint roller to have his or her application notarized. This bill would delete this requirement. Existing law requires the Department of Justice to provide to the Governor a printed annual report containing criminal statistics, as specified. This bill would delete the requirement that the report be printed. Existing law authorizes a person to make a deposit and declare his or her intent to plead not guilty to an infraction for which the person has received a written notice to appear, as specified. This bill would state that a deposit of bail made pursuant to that provision does not constitute entry of a plea or a court appearance and that the plea must be made in court at the time of arraignment. This bill would also make various technical, nonsubstantive, and clarifying changes to provisions related to, among other things, junk dealers, real estate fraud, sex offenders and their victims, criminal offender records and juvenile police records, and weapons. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 35, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11:30 a.m.

  4. In Senate. To enrollment.

  5. Read third time. Passed. (Ayes 74. Noes 0. Page 2449.) To Senate.

  6. Read second time. To Consent Calendar.

  7. (Heard in committee on July 1.)

  8. From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.)

  9. (Heard in committee on June 23.)

  10. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.

  11. To Com. on PUB. S.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 39. Noes 0. Page 1011.) To Assembly.

  14. To Special Consent Calendar.

  15. Read second time. To third reading.

  16. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  17. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  18. Set for hearing May 18.

  19. Read second time. Amended. Re-referred to Com. on APPR.

  20. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 704.)

  21. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  22. Set for hearing April 28.

  23. To Com. on PUB. S.

  24. From print. May be acted upon on or after March 17.

  25. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 174 Strickland Consent Calendar Second Day Regular Session

Passed 85 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 2001
Republican 2001
Total 85006
% of votes cast 93%0%0%7%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Anderson — Yea
Blakeslee — Yea
Davis — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Charles — Not Voting
Yamada — Yea
Krekorian — Not Voting
Nava — Not Voting
Ruskin — Yea
Skinner — Yea
Bass — Yea
Duvall — Not Voting
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Feuer — Yea
DeVore — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Republican 1000
Democratic 0001
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Charles — Not Voting
Hall — Yea
Harkey — Yea
Coto — Yea
Duvall — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Miller — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Special Consent #6 SB174 Strickland

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Cedillo — Yea
Yee — Yea
Cogdill — Yea
Corbett — Yea
Hancock — Yea
Hollingsworth — Yea
Negrete — Yea
Runner — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Ashburn — Yea
Benoit — Yea
Ducheny — Yea
Dutton — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Huff — Yea
Leno — Yea
Maldonado — Yea
Wiggins — Yea
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 174 do?
Existing law provides that a person shall not engage in specified transactions relating to explosives without having received a permit from the appropriate issuing authority. Existing law forbids the authority to inquire with the Department of Justice for a determination of whether the applicant meets specified criteria and should be granted or denied a permit. Existing law forbids the department to disclose the contents of a person's records to any unauthorized person. This bill would provide that if an applicant becomes ineligible to hold a permit, the Department of Justice shall provide to the issuing authority any subsequent arrest and conviction information supporting that ineligibility. Existing law, the Sex Offender Registration Act, provides that every person who is required to register as a sex offender who is living as a transient is required to register for the rest of his or her life, as specified. Any person required to register under the act who willfully violates any requirement of the act is guilty of a misdemeanor or a felony, as specified. This bill would provide that if a transient convicted as a sex offender in another jurisdiction enters the state, he or she shall register within 5 working days of coming into California with the chief of police of the city in which he or she is present or the sheriff of the county if he or she is present in an unincorporated area or city that has no police department. This bill would impose a state-mandated program on local government by expanding the scope of an existing crime and requiring additional administration by local agencies. Existing law requires the Department of Justice to make reports to the Legislature regarding specified provisions of the Sex Offender Registration Act. This bill would delete those reporting provisions. Existing law specifies persons who are peace officers whose authority extends to any place in the state. This bill would state that the Chief Assistant Inspector General, Deputy Inspector General In Charge, Senior Assistant Inspector General, and Special Assistant Inspector General are included within the group of persons who are peace officers whose authority extends to any place in the state. Existing law includes a county jail within the term "treatment facility" for purposes of administering antipsychotic medication pursuant to a court order, as specified. Under existing law, that provision is repealed as of January 1, 2010, unless another statute deletes or extends that date. This bill would extend that repeal date to January 1, 2015. Existing law establishes the Office of the Inspector General for the purpose of conducting audits and investigations of the Department of Corrections and Rehabilitation, as specified. Under existing law, the Department of Corrections and Rehabilitation is required to establish a certification program for investigators under the jurisdiction of the Inspector General, in consultation with the Commission on Correctional Peace Officer Standards and Training and the Inspector General, as specified. Existing law generally regulates the employment requirements and training requirements for investigators under the jurisdiction of the Office of the Inspector General. This bill would, instead, require the Inspector General to establish a certification program for peace officers under the jurisdiction of the Inspector General. This bill would require that the peace officer training course shall be consistent with the standard course used by the Commission on Peace Officer Standards and Training, as specified. This bill would also require peace officers under the jurisdiction of the Inspector General who conduct investigations for the Inspector General to complete an investigation training consistent with standard courses used by other major law enforcement investigative offices, as specified. This bill would require all peace officers under the jurisdiction of the Inspector General to successfully pass a psychological screening exam before becoming employed with the Office of the Inspector General, as specified. Existing law excludes certain books, papers, records, and correspondence of the Office of the Inspector General from disclosure requirements for public records. Existing law also excludes those books, papers, records, and correspondence from the requirements of certain civil subpoenas, as specified. This bill would, in addition, exclude any papers, correspondence, memoranda, electronic communications, or other documents pertaining to contemporaneous public oversight by the Inspector General from those requirements. This bill would also exclude all of the specified books, papers, records, and correspondence from the disclosure requirements relating to proceedings relating to an adverse action taken against a state civil servant, as specified. This bill would also make various technical, nonsubstantive, and clarifying changes to provisions related to the Office of the Inspector General, as specified. Existing law requires a person applying to be a fingerprint roller to have his or her application notarized. This bill would delete this requirement. Existing law requires the Department of Justice to provide to the Governor a printed annual report containing criminal statistics, as specified. This bill would delete the requirement that the report be printed. Existing law authorizes a person to make a deposit and declare his or her intent to plead not guilty to an infraction for which the person has received a written notice to appear, as specified. This bill would state that a deposit of bail made pursuant to that provision does not constitute entry of a plea or a court appearance and that the plea must be made in court at the time of arraignment. This bill would also make various technical, nonsubstantive, and clarifying changes to provisions related to, among other things, junk dealers, real estate fraud, sex offenders and their victims, criminal offender records and juvenile police records, and weapons. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 174?
SB 174 is sponsored by Strickland, Tony (Republican).
What is the current status of SB 174?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 174?
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