BILL NUMBER: SB 417 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 24, 2015
AMENDED IN SENATE APRIL 16, 2015
INTRODUCED BY Senator Stone
Senators Stone, Morrell, and
Nielsen
( Coauthors: Senators Bates,
Berryhill, Fuller, Gaines,
Moorlach, and Runner )
( Coauthor: Assembly Member
Patterson )
FEBRUARY 25, 2015
An act to amend Section 14215 of the Elections Code,
relating to elections. An act to amend Section 7282.5
of the Government Code, relating to immigration enforcement, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 417, as amended, Stone. Elections: election day
procedures. Law enforcement: United States Immigration
and Customs Enforcement holds.
Existing law prohibits a law enforcement official, as defined,
from detaining an individual on the basis of a United States
Immigration and Customs Enforcement hold after that individual
becomes eligible for release from custody, unless, at the time that
the individual becomes eligible for release from custody, certain
conditions are met, including, among other things, that the continued
detention of the individual on the basis of the immigration hold
would not violate any federal, state, or local law, or local policy,
and that the individual has been convicted of, or arrested for,
specified crimes.
This bill would instead require a law enforcement official to
detain an individual on the basis of a United States Immigration and
Customs Enforcement hold for up to 48 hours, excluding Saturdays,
Sundays, and holidays, after that individual becomes eligible for
release from custody if that individual has been convicted of, or
arrested for, specified crimes and if the continued detention of the
individual on the basis of the immigration hold would not violate any
federal law. By imposing additional duties on local law enforcement
officers, this bill would impose a state-mandated local program.
The bill would require a local agency that violates these
provisions to pay a fine of $100,000, to be collected by the Attorney
General, and would allow the Attorney General to commence a civil
action to enforce the fine. The bill would require proceeds of the
fine to be deposited in the Restitution Fund, a continuously
appropriated fund. By increasing deposits to be made to a
continuously appropriated fund, this bill would make an
appropriation.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law requires the precinct board, before receiving any
ballots, in the presence of any persons assembled at the polling
place, to open and exhibit and close the ballot container or
containers. Thereafter, existing law prohibits the ballot container
or containers from being removed from the polling place or presence
of the bystanders until all the ballots are counted, nor opened until
after the polls are finally closed.
This bill would authorize the precinct board of a county with a
geographic area of at least 2,500 square miles to remove the ballot
container or containers from the polling place while the polls remain
open only to facilitate the early delivery of ballots to the
receiving centers or central counting places. The bill would prohibit
a local agency exercising this authorization from seeking state
reimbursement for associated costs. The bill would require the
Secretary of State to adopt regulations for the secure delivery and
transfer of the ballots to the receiving center or central counting
place.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7282.5 of the
Government Code is amended to read:
7282.5. (a) A law enforcement official shall have
discretion to cooperate with federal immigration officials
by detaining an individual on the basis of an immigration hold
for up to 48 hours, excluding Saturdays, Sundays, and holidays,
after that individual becomes eligible for release from
custody only custody, if the continued detention
of the individual on the basis of the immigration hold would not
violate any federal, state, or local federal
law, or any local policy, and only under any
of the following circumstances:
(1) The individual has been convicted of a serious or violent
felony identified in subdivision (c) of Section 1192.7 of, or
subdivision (c) of Section 667.5 of, the Penal Code.
(2) The individual has been convicted of a felony punishable by
imprisonment in the state prison.
(3) The individual has been convicted within the past five years
of a misdemeanor for a crime that is punishable as either a
misdemeanor or a felony for, or has been convicted at any time of a
felony for, any of the following offenses:
(A) Assault, as specified in, but not limited to, Sections 217.1,
220, 240, 241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5,
4500, and 4501 of the Penal Code.
(B) Battery, as specified in, but not limited to, Sections 242,
243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and
4501.5 of the Penal Code.
(C) Use of threats, as specified in, but not limited to, Sections
71, 76, 139, 140, 422, 601, and 11418.5 of the Penal Code.
(D) Sexual abuse, sexual exploitation, or crimes endangering
children, as specified in, but not limited to, Sections 266, 266a,
266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288, 288.5,
311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code.
(E) Child abuse or endangerment, as specified in, but not limited
to, Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of the
Penal Code.
(F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as
specified in, but not limited to, Sections 211, 215, 459, 463, 470,
476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal Code.
(G) Driving under the influence of alcohol or drugs, but only for
a conviction that is a felony.
(H) Obstruction of justice, as specified in, but not limited to,
Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code.
(I) Bribery, as specified in, but not limited to, Sections 67,
67.5, 68, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code.
(J) Escape, as specified in, but not limited to, Sections 107,
109, 110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal
Code.
(K) Unlawful possession or use of a weapon, firearm, explosive
device, or weapon of mass destruction, as specified in, but not
limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3,
417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2, 12022.3,
12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750, and 18755 of,
and subdivisions (c) and (d) of Section 26100 of, the Penal Code.
(L) Possession of an unlawful deadly weapon, under the Deadly
Weapons Recodification Act of 2010 (Part 6 (commencing with Section
16000) of the Penal Code).
(M) An offense involving the felony possession, sale,
distribution, manufacture, or trafficking of controlled substances.
(N) Vandalism with prior convictions, as specified in, but not
limited to, Section 594.7 of the Penal Code.
(O) Gang-related offenses, as specified in, but not limited to,
Sections 186.22, 186.26, and 186.28 of the Penal Code.
(P) An attempt, as defined in Section 664 of, or a conspiracy, as
defined in Section 182 of, the Penal Code, to commit an offense
specified in this section.
(Q) A crime resulting in death, or involving the personal
infliction of great bodily injury, as specified in, but not limited
to, subdivision (d) of Section 245.6 of, and Sections 187, 191.5,
192, 192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code.
(R) Possession or use of a firearm in the commission of an
offense.
(S) An offense that would require the individual to register as a
sex offender pursuant to Section 290, 290.002, or 290.006 of the
Penal Code.
(T) False imprisonment, slavery, and human trafficking, as
specified in, but not limited to, Sections 181, 210.5, 236, 236.1,
and 4503 of the Penal Code.
(U) Criminal profiteering and money laundering, as specified in,
but not limited to, Sections 186.2, 186.9, and 186.10 of the Penal
Code.
(V) Torture and mayhem, as specified in, but not limited to,
Section 203 of the Penal Code.
(W) A crime threatening the public safety, as specified in, but
not limited to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a,
451, and 11413 of the Penal Code.
(X) Elder and dependent adult abuse, as specified in, but not
limited to, Section 368 of the Penal Code.
(Y) A hate crime, as specified in, but not limited to, Section
422.55 of the Penal Code.
(Z) Stalking, as specified in, but not limited to, Section 646.9
of the Penal Code.
(AA) Soliciting the commission of a crime, as specified in, but
not limited to, subdivision (c) of Section 286 of, and Sections 653j
and 653.23 of, the Penal Code.
(AB) An offense committed while on bail or released on his or her
own recognizance, as specified in, but not limited to, Section
12022.1 of the Penal Code.
(AC) Rape, sodomy, oral copulation, or sexual penetration, as
specified in, but not limited to, paragraphs (2) and (6) of
subdivision (a) of Section 261 of, paragraphs (1) and (4) of
subdivision (a) of Section 262 of, Section 264.1 of, subdivisions (c)
and (d) of Section 286 of, subdivisions (c) and (d) of Section 288a
of, and subdivisions (a) and (j) of Section 289 of, the Penal Code.
(AD) Kidnapping, as specified in, but not limited to, Sections
207, 209, and 209.5 of the Penal Code.
(AE) A violation of subdivision (c) of Section 20001 of the
Vehicle Code.
(4) The individual is a current registrant on the California Sex
and Arson Registry.
(5) The individual is arrested and taken before a magistrate on a
charge involving a serious or violent felony, as identified in
subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5
of the Penal Code, a felony punishable by imprisonment in state
prison, or any felony listed in paragraph (2) or (3) other than
domestic violence, and the magistrate makes a finding of probable
cause as to that charge pursuant to Section 872 of the Penal Code.
(6) The individual has been convicted of a federal crime that
meets the definition of an aggravated felony as set forth in
subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection
(a) of Section 101 of the federal Immigration and Nationality Act (8
U.S.C. Sec. 1101), or is identified by the United States Department
of Homeland Security's Immigration and Customs Enforcement as the
subject of an outstanding federal felony arrest warrant.
(b) If none of the conditions listed in subdivision (a) is
satisfied, an individual shall not be detained on the basis of an
immigration hold after the individual becomes eligible for release
from custody.
(b) A local agency that violates subdivision (a) shall pay a fine
of one hundred thousand dollars ($100,000), to be collected by the
Attorney General, for each failure to detain an individual in
violation of subdivision (a). The Attorney General may commence a
civil action to enforce the fine. Proceeds of the fine shall be
deposited in the Restitution Fund in the State Treasury for purposes
of Chapter 5 (commencing with Section 13950) of Part 4 of Division 3
of Title 2.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 14215 of the Elections Code
is amended to read:
14215. (a) Before receiving any ballots, the precinct board, in
the presence of any persons assembled at the polling place, shall
open and exhibit and close the ballot container or containers.
Thereafter, except as specified in subdivision (b), the ballot
container or containers shall not be removed from the polling place
or presence of the bystanders until all the ballots are counted, nor
opened until after the polls are finally closed.
(b) (1) The precinct board may remove the ballot container or
containers from the polling place while the polls remain open only to
facilitate the early delivery of ballots to the receiving centers or
central counting places. The Secretary of State shall adopt
regulations for the secure delivery and transfer of the ballots to
the receiving center or central counting place.
(2) This subdivision applies only to a county of a geographic area
of at least 2,500 square miles.
(3) A local agency that exercises the authority set forth in
paragraph (1) shall not seek reimbursement from the state for
associated costs pursuant to Part 7 (commencing with Section 17500)
of Division 4 of Title 2 of the Government Code.