HomeMy WebLinkAboutMINUTES - 05201986 - 1.24 I.a ,T�.
TO BOARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator Czsta
DATE'. May 15, 1986 Courty
SUBJECT: Legislation: Senate Bill 2534 (Ellis)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position of support for SB 2534 by Senator Ellis.
BACKGROUND:
In 1985, the Legislature passed, and the Governor signed, AB 1652
by Assemblyman Clute. That bill amended language in the Vehicle
Code to require that in a notice to appear for an offense under
the Vehicle Code, the time specified be a specific date at least
21 days after the arrest. This language has been interpreted as
also applying to juveniles. This presents a problem both for the
arresting officer and the court since in the case of a juvenile
who is arrested for a traffic offense away from his home, the
citation is normally transferred to the court having jurisdiction
over his home address. An adult is required to appear in the
court having jurisdiction over the location where the offense
occurred. Therefore, the arresting officer in the case of a
juvenile will normally not know what date to place on the
citation since he may not even be aware what court will
ultimately hear the case.
Senator Ellis has, therefore, introduced SB 2534 which permits
the court having jurisdiction over the offense in the case of
juveniles to require the arresting officer to indicate on the
notice "to be notified" rather than a specific date. The
juvenile would then be notified of the date of his or her
appearance after the citation is transferred to the court having
jurisdiction over his home address.
SB 2534 makes an important technical correction to legislation
passed last year. The Clerk-Administrator of the Walnut
Creek-Danville Municipal Court recommends support for SB 2534 and
this office concurs with that recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE: / /'LI/.w
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S): Mw 5��_
ACTION OF BOARD ON May 20, 1986 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT Z� AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator
cc: Roy Chiesa, Clerk-Administrator ATTESTED
IWC-Danville Muni Court PHIL BATC LOR, CLERK OF THE BOARD OF
Senator Jim Ellis SUPERVISORS AND COUNTY ADMINISTRATOR
Kathy Snodgrass, Jackson/8arish
M382/7-83 BY / 1 ,DEPUTY
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