California 2023-2024 Regular Session

California Senate Bill SB852

Introduced
2/17/23  
Refer
3/1/23  
Refer
3/1/23  
Refer
3/21/23  
Refer
3/21/23  
Refer
3/29/23  
Refer
3/29/23  
Report Pass
4/26/23  
Report Pass
4/26/23  
Engrossed
5/11/23  
Engrossed
5/11/23  
Refer
5/18/23  
Refer
6/7/23  
Refer
6/7/23  
Report Pass
6/13/23  
Report Pass
6/13/23  
Enrolled
9/6/23  
Enrolled
9/6/23  
Chaptered
9/22/23  
Passed
9/22/23  

Caption

Searches: supervised persons.

Impact

By explicitly delineating the authority for conducting searches of individuals on probation or mandatory supervision, SB 852 reinforces the legal framework governing these interactions. It also seeks to prevent unauthorized personnel, particularly ICE agents, from misusing these powers, thus potentially protecting vulnerable populations from immigration enforcement actions disguised as law enforcement activities. The bill aligns with a broader intention to foster community trust in local law enforcement by clarifying roles and responsibilities.

Summary

Senate Bill 852, also known as the Prohibiting Rogue Officer Tricks and Ensuring Community Trust (PROTECT) Act, aims to clarify and strengthen the regulations around searches conducted on individuals under probation or mandatory supervision. The bill seeks to ensure that only recognized probation officers or peace officers can conduct searches and to prevent the misuse of probation checks as a tactic by immigration enforcement agencies. This initiative comes amidst concerns regarding tactics employed by U.S. Immigration and Customs Enforcement (ICE) that involve misrepresentation as probation officers, which can lead to violations of individual rights and erode public trust in law enforcement.

Sentiment

The general sentiment surrounding SB 852 appears to be supportive, particularly among advocates for criminal justice reform and immigrant rights. Supporters argue that the bill is a necessary measure to safeguard individuals on probation from unwarranted searches conducted under false pretenses. Conversely, there may be some contention from law enforcement entities concerned about the implications for public safety and their operational capabilities, although the extent of this opposition isn't detailed in the discussions available.

Contention

Notable points of contention include the potential pushback from ICE and other immigration enforcement authorities who may view the bill as a barrier to their operations. There is also an underlying concern regarding the balance between vigilance in public safety and the protection of individual rights. Furthermore, the bill's success in promoting community trust will depend on its enforcement and the perceptions of local law enforcement practices in light of these new regulations.

Companion Bills

No companion bills found.

Similar Bills

CA SB846

Employment.

CA AB1812

Public safety omnibus.

CA AB960

Compassionate release.

CA AB124

Criminal procedure.

CA SB670

Sentencing: county of incarceration and supervision.

CA AB2942

Criminal procedure: recall of sentencing.

CA AB1540

Criminal procedure: resentencing.

CA AB665

Parole: youth offender parole hearings.