The Criminal Docket


   January 2007     

Volume II, Number 1 


:   2006-26   DATE:  11-17-06  BY:  Devallis Rutledge    TOPIC:  New Laws 2007—Part 1

Summaries of some new legislation for 2007 affecting law enforcement and prosecutions are provided below. The full text of the statutes should be consulted for application.

 PC § 88. (Amended) City, county and school district officials who take bribes are removed and forever disqualified from public office.
 PC § 148.3. (Amended) Making a knowingly-false police report that causes activation of the Amber Alert system is a misdemeanor.
 PC § 186.22. (Amended) Predicate crimes list for pattern of gang activity expands to include violations of 12021, 12025 and 12031.
 PC § 246.3. (Amended) Negligent discharge of a BB gun risking death or injury is a misdemeanor.
 PC § 262. (Amended) Requirement that a spousal rape be reported within one year of occurrence is repealed.
 PC § 290.95. (Amended) Sex crime registrants who apply for work that involves touching minors must disclose 290 status. (Misd.)
 PC § 490.7. (Added) Wobblette to take more than 25 copies of a current complimentary newspaper to sell, recycle or withhold from readers without consent.
 PC § 647.6. (Amended) Child-molest-or-annoyance acts on an adult believed to be a child, motivated by unnatural sexual interest in children, is a misdemeanor.
 PC § 653w. (Amended) Number of copies of pirated audio recordings for a felony filing is reduced from 1000 to 100.
 PC § 679.08. (Added) Police officers "may" provide crime victims with a "Victim's Rights Card," with specified assistance information.
 PC §§ 833.2, 13517.7. (Added) POST Commission must develop, and police agencies should adopt, protocols for caring for minor children when the parent/guardian is arrested.
 PC § 3053.6. (Added) Upon parole of a registrable sex offender, victims/families may apply (with help from the DA) for a "no-contact" order as a condition of parole.
 PC § 7500. (Amended) Testing/reporting of prisoners who contaminate officers is expanded beyond HIV to include hepatitis B and C, and testing/reporting is now also available to exposed prosecutor/public defender staff.
 PC § 12076. (Amended) Falsified purchase information by persons who are prohibited by law from possessing firearms is punishable by state prison for 8, 12 or 18 months (½  of 16-2-3).
 PC § 13012.6. (Added) DOJ crime stats must now tabulate reported identity thefts.
 PC § 13013. (Added) DOJ crime stats must now show arrest and clearance rates for reported crimes.
 Also... "Jessica's Law" and the "Sex Offender Punishment, Control and Containment Act" make dozens of changes to statutes relating to unlawful sex and child pornography, and penalties.

NUMBER: 2006-27 DATE: 11-20-06 BY: Devallis Rutledge TOPIC: New Laws 2007—Part 2
Summaries of some new legislation for 2007 affecting law enforcement and prosecutions are provided below. The full text of the statutes should be consulted for application.

Fam.C. § 6275. (Added) Officers in DV cases must inform victims about EPOs and "shall request" an EPO if they believe the person is in "immediate and present danger."
 Fam.C. § 6389. (Amended) A person served with an EPO shall immediately surrender any firearms to the officer serving the order, upon the officer's request. Receipt required.
 Gov.C. § 6206. (Amended) As with stalking/DV victims, sexual assault victims may prevent PRA disclosure of residence addresses.
 Gov.C. § 6254.24. (Amended) Staff employees of the DA and PD can apply for confidentiality of their home addresses.
 Gov.C. § 7480. (Amended) Banks "shall furnish" police any available video of ATM for investigation of criminal access there.
 Gov.C. § 53153.5. (Added) A person 18 or older who is convicted of filing a false police report is liable for responsive emergency costs.
 H&S §§ 11383.6, 11383.7. (Added) Felony (16-2-3) to possess precursors for sale, with intent to transfer them with knowledge they will be used to manufacture PCP or meth, or analogs.
 H&S § 122335. (Added) Wobblette to tether a dog to a doghouse, fence, tree or other stationary object, except during a temporary task, at a recreational area, or during ranching/farming.
 VC § 2800.4. (Added) Misdemeanor for a driver fleeing police to drive on the wrong side of the road (6 months or $1000 minimum).
 VC § 9954. (Added, effective 1-1-08) Vehicle manufacturers must provide constantly-available information to a locksmith to enable owners to obtain a duplicate key.
 VC § 13352.1. (Added) License suspension for first-time deuce probationer (refusal or .20% or higher BAC) increases from 6 to 10 months.
 VC §§ 21070, 42001.19. (Added) Unsafe operation of a vehicle with injury is an infraction, punishable by $70 or $95 fines. 
 VC § 21712. (Amended)  It is an infraction to ride/allow a rider in the trunk of an automobile.
 VC § 21809. (Added) Freeway traffic approaching a stationary emergency vehicle displaying emergency lights must change lanes if practicable or slow down to pass.
 VC § 22658, et. al. (Amended) Makes major revisions of statutes relating to removal of vehicles from private property and regulation of tow-truck operators, who must release claimed vehicles not yet removed, notify police of tows, accept credit cards and post signs, and not "boot" vehicles or charge excessive fees.
 VC §§ 23105, 23109.1. (Added) Sets minimum fines and 30 days' jail for reckless driving or speed contest causing specified injuries.
 VC § 23123.  (Added, effective 7-1-08) It will be an infraction to drive while using a telephone that is not hands-free, with some commercial and official exceptions, or in emergencies.
 VC § 25253. (Amended) Tow trucks may not display amber flashers on the freeway except while towing or at "unusual traffic hazard" sites.

NUMBER: 2006-28 DATE: 11-30-06 BY: Scott Carbaugh TOPIC: Juvenile Probation Search

ISSUE: Are the evidentiary fruits of a probation search of a juvenile subject to suppression if the officer was initially unaware of the search condition?

 In People v. Sanders (2003) 31 Cal.4th 318, the California Supreme Court ruled that unless a searching officer had advance knowledge of a suspect's probation or parole status, the suspect's search condition would not permit use of evidence from a search that was not independently justifiable. This was a different rule than the one that existed in the case of juvenile probationers under the decision in In re Tyrell J. (1994) 8 Cal.4th 68, allowing the use of evidence from the search of a juvenile probationer despite the officer's lack of foreknowledge that the juvenile was subject to suspicionless search and seizure.
 The California Supreme Court has now overruled Tyrell J. and held (6-1) that the Sanders rule also applies to juveniles, based on this conclusion: "Despite being subject to a search condition, a person retains a reasonable expectation that officers will not undertake a random search supported by neither reasonable suspicion of criminal activity nor advance knowledge of the search condition." In re Jaime P. (2007) ___ Cal.4th ___ , WL 3437058.

BOTTOM LINE: A parolee's or probationer's search condition is irrelevant to admissibility of evidence in adult or juvenile cases unless it was known to the searching officer beforehand.

This information was current as of publication date. It is not intended as legal advice. It is recommended that readers check for subsequent developments, and consult legal advisors to insure currency after publication.  Local policies and procedures regarding application should be observed.

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