Bill Text: CA SB50 | 2023-2024 | Regular Session | Introduced

California Senate Bill 50

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Vehicles: enforcement.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Engrossed) 2023-09-14 - Ordered to inactive file on request of Assembly Member Bryan. [SB50 Detail]

Download: California-2023-SB50-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 50

Introduced by Senator Bradford

December 05, 2022

An act relating to criminal procedure.

LEGISLATIVE COUNSEL'S DIGEST

SB 50, as introduced, Bradford. Criminal procedure: arrests.

Existing law authorizes a peace officer to make an arrest pursuant to a warrant or without a warrant if, among other circumstances, the officer has probable cause to believe that the person has committed a public offense in the officer’s presence. Under existing law, it is unlawful to disobey the lawful order, signal, or direction of a uniformed peace officer performing any duties pursuant to the Vehicle Code or to refuse to submit to any lawful vehicular inspection authorized by the Vehicle Code.

Existing case law deems a temporary detention of a person during an automobile stop by the police, even if only for a brief period and for a limited purpose, a seizure, under the Fourth Amendment of the Constitution of the United States, and as such, requires the actions to be reasonable. Under existing case law, the decision to stop an automobile is reasonable if the police have probable cause to believe that a traffic violation has occurred. Existing case law holds that constitutional reasonableness of traffic stops does not depend on the actual motivations of the individual officers involved and that ulterior motives do not invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred.

This bill would state the intent of the Legislature to enact legislation relating to limiting a peace officer’s authority to initiate pretextual stops to reduce racial profiling and the harm stemming from such stops.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

It is the intent of the Legislature to enact legislation relating to limiting a peace officer’s authority to initiate pretextual stops to reduce racial profiling and the harm stemming from such stops.