Santa Rosa Junior College

Test your knowledge on some key 2025 legislative changes that frequently affect your work. As always, many thanks to retired San Diego County Deputy District Attorney Bob Phillips for his “New and Amended Laws – 2025,” available exclusively to Professional Subscribers of Legal Updates.

1) A hotel manager reports that an unhoused person has been habitually loitering and sleeping in the lobby area and using restroom facilities for personal hygiene purposes. He has also made rude comments to hotel patrons and staff. He has been asked to leave, but refuses. You respond and tell the subject he must leave or be arrested for trespassing. He ignores your request, so you take custody.

Are you able to take this individual to a community resource center and release (“unarrest”) him instead of a booking or citation release?

YES/ NO

2) A petty theft shoplift suspect is detained by retail security. The misdemeanor did not occur in your presence. You conduct an investigation and determine there is probable cause for arrest. Must a private person’s arrest always be accepted under these circumstances?

YES /NO

3) You receive a report from retail security that a described individual left a Walmart with a grocery cart full of merchandise for which he did not pay. He loaded the items into an awaiting vehicle driven by a co-principal. A suspect and vehicle description are broadcast. Five minutes later you stop the vehicle. The occupants match the suspect’s description. In the passenger area, you see in plain view some of the described stolen merchandise.

After a probable cause vehicle search, including the trunk, you locate additional property taken from a Target in your jurisdiction and an Ace Hardware in an adjoining jurisdiction. The individual values of the property are: Walmart $455, Target $515 and Ace $720. All were separate acts committed over a two-day period.

Do we have three petty thefts here or one grand theft?

THREE PETTY THEFTS ONE GRAND THEFT

4) A suspect commits a window smash of a vehicle parked in a hiking easement lot and removes property within. A bystander witnessed the incident and called law enforcement. Upon arrival at the scene, you observe the suspect walking away from the lot. Do you have a new crime for the forcible entry into a vehicle or just second-degree burglary?

YES/ NO

5) A self-proclaimed, “sovereign citizen” is openly carrying an unloaded handgun in public either on his person or in a vehicle in violation of 26350 P.C. Other than the gun being evidence of that crime, are there other procedural sanctions that can take place?

YES/ NO

6) You take a belligerent and intoxicated petty theft and trespassing arrestee to the hospital emergency room for examination after reasonable force was used during the arrest. He was tased and complains he “broke his shoulder when he fell to the ground and was restrained by officers.” As the examination starts, he pushes a nurse way, spits on a doctor and kicks at another nurse. Given these circumstances, do you add the charges of simple assault (240 P.C.) or simple battery (242 P.C.)?

YES/ NO

7) You make an arrest during a domestic violence call. Are there new requirements to be fulfilled and documented as part of your investigation?

YES/ NO

8) An exhibition of speed in an on-site parking facility is similarly punished as an exhibition of speed on a highway.

TRUE /FALSE

9) In the issuance of a search warrant under 8103 W&I, can you seize ammunition in addition to a firearm?

YES/ NO

ANSWERS:

1) YES. A new addition to Certificate of Release under (849(b)(6) P.C. states: An additional reason a peace officer may release from custody a person arrested instead of taking the person before a magistrate is “the person was arrested and subsequently delivered or referred to a public health or social service organization that provides services including, but limited to, housing medical care, treatment for alcohol or substance abuse disorders, psychological counseling or employment training and education, the organization agrees to accept the delivery of referral, and no further proceedings are desirable.”

The former custody is deemed a “detention only.”

2) NO. New subdivision 836(f) P.C. permits a peace officer to arrest a shoplifter (459.5 P.C.) without a warrant and when the offense was not committed in the officer’s presence if all of the following conditions are met:

- The officer has probable cause to believe the alleged offender committed the violation; and

- The arrest is made “without undue delay” after the violation; and any of the following takes place:

- The officer obtains a sworn statement from the person who witnessed the person to be arrested committing the alleged violation; or

- The officer observes video footage that shows the person to be arrested committing the alleged violation; or

- The person to be arrested possesses a quantity of goods inconsistent with personal use and the goods bear security devices affixed by a retailer that would customarily be removed upon purchase; or

- The person to be arrested confesses to the alleged violation to the arresting officer.

3) There is one calculated grand theft. 487(e) P.C. now reads as follows: “If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, including acts committed against multiple victims or in counties other than the county of the current offense, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan. Evidence that distinct acts are motivated by one intention, one general impulse, and one plan may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, or occur within a 90-day period.”

490.3 P.C. permits aggregating (combining) the value of property or merchandise stolen during multiple thefts to meet the greater-than-$950 threshold so that a felony theft may be charged instead of a series of misdemeanor petty thefts.

666.1 P.C. permits a felony to be charged when an offender commits petty theft or shoplifting and has two prior misdemeanor or felony convictions for theft-related offenses.

490.8 P.C. permits the court when sentencing a defendant for retail theft to issue a restraining order prohibiting the defendant from entering the premises of the retail establishment for up to two years.

4) YES. New section 465 P.C. states a person who forcibly enters a vehicle, as defined in 670 V.C., with the intent to commit a theft or any felony therein, is guilty of unlawful entry of a vehicle.

This offense is a wobbler punishable by 16 months, 2, or 3 years in prison, or one year in county jail.

Forcible entry of a vehicle means the entry of a vehicle accomplished through any of the following means: the use of a tool or device that manipulates the locking mechanism, including, without limitation, a slim jim or other lockout tool, a shaved key, jiggler key, or lock pick, or an electronic device such as a signal extender, or force that damages the exterior of the vehicle, including, but not limited to, breaking a window, cutting a convertible top, punching a lock, or prying open a door.

A person may not be convicted both 465 P.C. and 459 P.C. 459 P.C. still requires the vehicle was locked or there were reasonable precautions to secure the vehicle. In 465 P.C., the element of “locked” need not be proven, just forcible entry.

5) YES. New section 26395 P.C. declares the gun as a nuisance under 18000 and 18005 P.C. The firearm must be surrendered to a law enforcement agency and destroyed, unless it was stolen and needs to be returned to the lawful owner, or it needs to be retained as evidence in a criminal case.

6) NO. The misdemeanor crimes of 241(c) P.C. and 243(b) P.C. have been amended to add physicians, nurses, and other health care workers of a hospital engaged in providing services within the emergency department.

A “health care worker” is described as a person, who in the course and scope of employment, performs duties directly associated with the care and treatment rendered by the hospital’s emergency department or the department’s security.

Both are punishable by up to one year in jail and/or by a fine of up to $2,000.

Also, new statute 1317.5a H&S was added to permit health facilities that operate an emergency department to post a notice stating “WE WILL NOT TOLERATE any form of threatening or aggressive behavior toward our staff. Assaults and batteries against our staff are crimes and may result in a criminal conviction.”

7) YES. A law enforcement officer arresting for an offense involving domestic violence as defined in 13700(a) and (b) P.C. or 6203 and 6211 Family Code is required to do all of the following:

- Query the Automated Firearms System through the California Law Enforcement Telecommunications System (CLETS) for any firearms owned or possessed by the arrestee. The investigating or filing officer is required to include a copy of the Automated Firearms System report when filing the case with the district attorney or prosecuting city attorney.

- Ask the arrestee, victim, and any other household members about any firearms owned or possessed by the arrestee;

- Ensure that any firearm or deadly weapon in plain sight or discovered pursuant to 18250 P.C. is taken into temporary custody. This section authorizes a law enforcement officer to take temporary custody of a firearm or deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search, at the scene of a domestic violence incident, or when serving a domestic violence protective order or a gun violence protective order.

- Document in detail, in the arrest report, the actions taken as required above.

Relevant Definitions:

6203 Family Code defines “abuse” as intentionally or recklessly causing or attempting to cause bodily injury; sexual assault; placing a person in reasonable apprehension of imminent serious bodily injury to that person or another person; or engaging in behavior that has been or could be enjoined pursuant to 6320 Family Code (attacking, striking, stalking, threatening, sexually assaulting, battering, falsely personating, harassing, destroying personal property, contacting, coming within a specified distance or, or disturbing the peace of.)

13700(a) P.C. defines “abuse” as intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to self or another.

6211 Family Code defines “domestic violence” as abuse perpetrated against a spouse, former spouse, cohabitant, former cohabitant, person with whom the suspect is having or has had a dating or engagement relationship; a person with whom the suspect has had a child; and any other relationship by consanguinity (blood) or affinity (marriage) in the second degree.

13700(b) P.C. defines “domestic violence” as abuse committed against an adult or minor who is a spouse former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.

8) TRUE. The exhibition of speed in an off-street parking facility is added to the list of crimes for which a peace officer may arrest the offender and impound the vehicle (23109(c) V.C.).

This section had previously applied when the exhibition of speed occurred on highway. Now it applies whether the exhibition of speed occurs on a highway or in an off-street parking facility.

The section also continues to apply to a motor vehicle speed contest, 23109(a) V.C., reckless driving on a highway, 23103(a) V.C. and reckless driving in an off-street parking facility 23103(b) V.C.

This section continues to provide that a removed vehicle may be impounded for not more than 30 days where law enforcement has a warrant, a court order or under the “community caretaking” impound theory.

23109(i) V.C. now defines a “sideshow” or “street takeover” as an event in which two or more persons block or impede traffic on a highway or in an off-street parking facility for the purpose of performing motor vehicle stunts. Also, effective 7/1/25, a court may suspend a driver’s license for 90 days to six months when an offender violates engages in a motor vehicle exhibition of speed as part of a sideshow.

9) YES. 1524(a)(21) P.C. has been expanded to authorize the issuance of a search warrant to seize property that “includes ammunition” that is owned, possessed, or controlled by a person who is subject to a mental illness related firearms prohibition, the person has been lawfully served with the order, and the person has failed to relinquish ammunition.

8103 W&I specifies firearm and deadly weapon prohibitions for mentally ill offenders, mentally disordered sex offenders, offenders found not guilty by reason of insanity for specified offenses, offenders found to be mentally incompetent to stand trial, persons placed under a conservatorship because they are gravely disabled, persons taken into custody on a 5150 W&I hold or certified for intensive treatment, and defendants who are granted mental disorder diversion 1001.36 P.C.) and have been found to be a danger to self or others.

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