California 2017-2018 Regular Session Status: Enacted

SB 238 — Criminal procedure: arrests and evidence.

Last action — Chaptered by Secretary of State. Chapter 566, Statutes of 2017.

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

This bill has been enacted into law. Introduced February 06, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law requires that a person arrested without a warrant be taken before a magistrate without unnecessary delay. Existing law also provides certain circumstances under which a person arrested without a warrant may be released from custody before being taken before a magistrate, including, among others, when the arresting officer believes that insufficient grounds exist to make a criminal complaint against the person arrested or when the person is arrested for intoxication only and no further proceedings are desirable. Existing law requires a person who is arrested and released without being charged to be issued a certificate describing the action as a detention and requires any reference to the action as an arrest to be deleted from the arrest records of the arresting agency and the Department of Justice. Existing law requires the Attorney General to prescribe the form and content of the certificate. This bill would authorize an arresting officer to release an arrested person from custody without taking him or her before a magistrate if the person is delivered, subsequent to being arrested, to a specified facility for the purpose of mental health evaluation and treatment and no further criminal proceedings are desirable. The bill would require a person arrested and released pursuant to this provision to be issued a certificate describing the action as a detention. (2) Existing law requires the retention of all exhibits which have been introduced or filed in any criminal action until the final determination of the action or proceedings, and provides for their disposal thereafter. Existing law allows any party to prepare a photographic record of an exhibit before it is disposed of. Existing law requires the clerk of the court to observe the taking of the photographic record and to certify the copy and negative of the photograph as being a true, unaltered, and unretouched print of the photographic record taken in the presence of the clerk. This bill would allow, in addition to a photographic record, a digital record of the exhibit to be taken in the above manner. The bill would require a duplicate of the photographic or digital record to be delivered to the clerk for certification and would define "photographic" and "duplicate" for these purposes. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 566, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2905.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Urgency clause adopted. Passed. (Ayes 79. Noes 0. Page 3149.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Ordered to third reading.

  11. From consent calendar on motion of Assembly Member Bonta.

  12. Read second time. Ordered to consent calendar.

  13. From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 28).

  14. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 13). Re-referred to Com. on APPR.

  15. Referred to Com. on PUB. S.

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

  17. Read third time. Urgency clause adopted. Passed. (Ayes 36. Noes 0. Page 768.) Ordered to the Assembly.

  18. Read second time. Ordered to consent calendar.

  19. From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

  20. Set for hearing April 17.

  21. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 430.) (March 21). Re-referred to Com. on APPR.

  22. Set for hearing March 21.

  23. Referred to Com. on PUB. S.

  24. From printer. May be acted upon on or after March 9.

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

Sponsors

  • Hertzberg · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Hertzberg

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Special Consent Calendar (Urgency Clause)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Skinner — Yea
Wieckowski — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
De León — Yea
Mitchell — Yea
Allen — Yea
Dodd — Yea
Galgiani — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Beall — Yea
Bradford — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wilk — Yea
Fuller — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 238 Hertzberg Third Reading Urgency By BLOOM

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Unaffiliated 58000
Republican 6000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Baker — Yea
Bigelow — Yea
Brough — Yea
Kiley — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Ting — Yea
Waldron — Yea
Eggman — Yea
Chau — Yea
Chu — Yea
Gloria — Yea
Mayes — Yea
Medina — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Gonzalez Fletcher — Yea
Acosta — Yea
Bloom — Yea
Fong — Yea
Salas — Yea
Burke — Yea
Gray — Yea
Friedman — Yea
Bocanegra — Yea
Rubio — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
McCarty — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Cooper — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 14 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 9003
Democratic 4000
Republican 1000
Total 14003
% of votes cast 82%0%0%18%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Fong — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Bocanegra — Yea
Gray — Not Voting
Chau — Yea
Obernolte — Yea
Eggman — Yea
Eduardo Garcia — Not Voting
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 238 do?
(1) Existing law requires that a person arrested without a warrant be taken before a magistrate without unnecessary delay. Existing law also provides certain circumstances under which a person arrested without a warrant may be released from custody before being taken before a magistrate, including, among others, when the arresting officer believes that insufficient grounds exist to make a criminal complaint against the person arrested or when the person is arrested for intoxication only and no further proceedings are desirable. Existing law requires a person who is arrested and released without being charged to be issued a certificate describing the action as a detention and requires any reference to the action as an arrest to be deleted from the arrest records of the arresting agency and the Department of Justice. Existing law requires the Attorney General to prescribe the form and content of the certificate. This bill would authorize an arresting officer to release an arrested person from custody without taking him or her before a magistrate if the person is delivered, subsequent to being arrested, to a specified facility for the purpose of mental health evaluation and treatment and no further criminal proceedings are desirable. The bill would require a person arrested and released pursuant to this provision to be issued a certificate describing the action as a detention. (2) Existing law requires the retention of all exhibits which have been introduced or filed in any criminal action until the final determination of the action or proceedings, and provides for their disposal thereafter. Existing law allows any party to prepare a photographic record of an exhibit before it is disposed of. Existing law requires the clerk of the court to observe the taking of the photographic record and to certify the copy and negative of the photograph as being a true, unaltered, and unretouched print of the photographic record taken in the presence of the clerk. This bill would allow, in addition to a photographic record, a digital record of the exhibit to be taken in the above manner. The bill would require a duplicate of the photographic or digital record to be delivered to the clerk for certification and would define "photographic" and "duplicate" for these purposes. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 238?
SB 238 is sponsored by Hertzberg.
What is the current status of SB 238?
This bill has been enacted into law. Introduced February 06, 2017. Enacted.
Where can I track SB 238?
Track SB 238 free on One Click Politics — get push/email alerts when it moves.

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