Bill Text: CA AB458 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Vehicles: peace officer vehicles: window tinting or

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-01-14 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. [AB458 Detail]

Download: California-2009-AB458-Amended.html

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BILL NUMBER: AB 458	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2009
	AMENDED IN ASSEMBLY  APRIL 29, 2009

INTRODUCED BY   Assembly Member Cook
    (   Coauthor:  
Assembly Member   Tom Berryhill   )


                        FEBRUARY 24, 2009

    An act to amend Section 1324.1 of the Penal Code,
relating to criminal procedure.   An act to add Section
26708.7 to the Vehicle Code, relating to vehicles. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 458, as amended, Cook.  Criminal procedure: witness
testimony.   Vehicles: peace officer vehicles: window
tinting or glazing.  
   Existing law prohibits a person from driving a motor vehicle with
any object or material placed, displayed, installed, affixed, or
applied upon the windshield or side or rear windows, with limited
exceptions, including for window tinting or glazing that meets
specified requirements. Federal law establishes motor vehicle safety
standards for glazing material for use in motor vehicles and motor
vehicle equipment.  
   This bill would exempt a vehicle operated by a peace officer and
owned or leased by the peace officer's employer from California law
prohibiting or limiting materials that may be placed, displayed,
installed, affixed, or applied to the windshield or side or rear
windows, commonly referred to as window tinting or glazing. 

   Existing law provides that in any misdemeanor proceeding in any
court, if a person refuses to answer a question or produce evidence
of any other kind on the ground that he may be incriminated thereby,
the person may agree in writing to testify voluntarily, subject to
court approval of the written agreement, as specified. 

    This bill would instead provide a procedure for the district
attorney to request the court, and for the court to hold a hearing,
to compel that person to answer the question or produce the evidence,
as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 26708.7 is added to the 
 Vehicle Code   , to read:  
   26708.7.  Notwithstanding any other law, a vehicle operated by a
peace officer, as defined in Section 830 of the Penal Code, and owned
or leased by the peace officer's employer, is exempt from California
law, and regulations adopted pursuant thereto, prohibiting or
limiting material that may be placed, displayed, installed, affixed,
or applied to the windshield or side or rear windows, commonly
referred to as window tinting or glazing.  
  SECTION 1.    Section 1324.1 of the Penal Code is
amended to read:
   1324.1.  In any misdemeanor proceeding in any court, if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he or she may be incriminated thereby, and if the
district attorney of the county or any other prosecuting agency in
writing requests the court, in and for that county, to order that
person to answer the question or produce the evidence, a judge shall
set a time for hearing and order the person to appear before the
court and show cause, if any, why the question should not be answered
or the evidence produced. The court shall order the question
answered or the evidence produced unless it finds that to do so would
be clearly contrary to the public interest, or could subject the
witness to a criminal prosecution in another jurisdiction, and that
person shall comply with the order. After complying, and if, but for
this section, he or she would have been privileged to withhold the
answer given or the evidence produced by him or her, no testimony or
other information compelled under the order or any information
directly or indirectly derived from the testimony or other
information may be used against the witness in any criminal case. But
he or she may nevertheless be prosecuted or subjected to penalty or
forfeiture for any perjury, false swearing or contempt committed in
answering, or failing to answer, or in producing, or failing to
produce, evidence in accordance with the order.