Despite some of Governor Brown's
efforts to curtail some of these legislative changes, the
Legislature managed to pass several laws relating to crime and punishment.
Assembly Bill 1343 created two brand new Penal Code Sections: 1016.2 and 1016.3. These sections direct both defense lawyers and prosecutors to address immigration consequences of a plea to a criminal charge. It also requires that prosecutors consider the avoidance of adverse immigration consequences in plea negotiations in order to reach a just and proper resolution to a criminal charge. Penal Code Section 1016.3 reads as follows:
- (a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional standards, defend against those consequences.
- (b) The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.
- (c) This code section shall not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant shall be required to disclose his or her immigration status to the court.
Under Penal Code Sections 148 and 69, every person who deters or prevents an executive officer from performing any of his or her duties, or knowingly resists the officer, is punishable by a fine or imprisonment, or both, as specified. Senate Bill 411 amended those statutes to provide that the fact that a person takes a photograph or makes an audio and/or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision. This is a major change that makes more sense when you consider some of the other legislative changes for 2016 regarding police officers.
Assembly Bill 953 mandates a system for law enforcement to collect information on each traffic stop they make and this data is to be reported to the attorney general each year.
Senate Bill 227 bars the use of grand juries in police shooting investigations.
Senate Bill 178 now requires law enforcement officers to secure a court-ordered search warrant before being able to inspect electronic information stored on electronic devices, such as cell phones, tablets and/or computers.
Senate Bill 491 may provide law enforcement officers with reasonable suspicion to stop and detain motorists who are wearing or using earbuds that cover, rest on or are inserted in both ears. Emergency Responders and those who wear hearing aids are excepted. The law was enacted to ensure that motorists can hear sirens and other safety alerts; but much like the cell phone law that was passed a few years ago, this new law may provide law enforcement officers with a reason to stop and detain you in search of a bigger crime, such as DUI.
Senate Bill 405, which has already taken effect, allows people contesting traffic citations to do so without first paying the fine. After all, you are innocent until proven guilty.
Assembly Bill 1461, known as the “Motor Voter” law registers people to vote when they receive or renew their driver’s licenses unless the person chooses to “opt-out”.
Assembly Bill 1375 increases the amount credited in Penal Code 1205 from $30 to $125 per day, which is a good thing for those who choose to serve time instead of paying any court fines that may be imposed in conjunction with a criminal offense, whether it be a felony or a misdemeanor. At least your time is worth more today than it was last year and years before.
Assembly Bill 8 permits law enforcement agencies to issue what are being called “Yellow Alerts” if a person has been killed or seriously injured in a hit-and-run traffic incident for which law enforcement has information about the suspect and/or the suspect’s vehicle, including a partial license plate number. The law authorizes the California Highway Patrol to use digital message signs when requested by local law enforcement. It also encourages radio, television, and cable and satellite systems to disseminate the identifying information.
Senate Bill 61 granted a one-year extension to the pilot program in Alameda, Los Angeles, Sacramento and Tulare counties that requires all individuals convicted of driving under the influence (DUI) to install an Ignition Interlock Device (IID) in their vehicles.
Sources:
http://ww2.kqed.org/news/2016/1/1/the-biggest-new-laws-of-2016
http://www.ocregister.com/articles/electric-698363-law-vehicles.html
http://crime-iq.com - New 2016 Legislation
Thank you to the above-named sources for providing the information contained in this blog post.
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