Governor Jerry Brown has completed his review of bills passed during the just completed session of the California legislature, signing some into law and vetoing others. Here is a summary of some pertaining to criminal defense.
Prison Cell Phones - The issue here was that some prisoners were getting ahold of cell phones, a violation of prison regulations. (A state Senate study, by the way, found that many of these phones were smuggled to inmates by prison guards.) This new law makes it illegal - and imposes criminal penalties - for prisoners to possess cell phones and for anyone to smuggle them into prison.
Open Carry of Handguns - This law makes it a misdemeanor to openly carry (meaning have visible) an unloaded handgun in certain public places. According to the law's author, Assemblyman Anthony Portantino, law enforcement agencies had requested the new legislation because they were being called by citizens who became concerned when they saw someone carrying a weapon. The agencies say their time can be better spent on matters which are a threat to public safety. Gun rights supporters argue that the new law violates the Second Amendment.
Sobriety Checkpoints - Governor Brown also approved a new law that places limits on the actions of law enforcement at DUI checkpoints. Specifically, police may no longer impound a vehicle solely because the driver is unlicensed. The impetus for this law was that some police and sheriff's departments were using the vehicle impounds as a way of generating revenue. The agencies would charge fees to have the vehicles released to the owners, and would in some instances receive a portion of the fees charged by towing companies. The new law requires that an unlicensed driver must still leave his car at the checkpoint but will have the opportunity to return with a licensed driver (and permission of the car's owner) to take the car away. People who have had their driver's licenses suspended or revoked will continue to have their vehicles impounded. And people who are in violation of state DUI laws will also continue to be subject to arrest and vehicle impoundment. Governor Brown did veto AB 1389, which also dealt with DUI checkpoints but would have dictated in more specific terms the rules for site selection, oversight, and methodology.
