CA - Proposed state law targets motorcyclists

OFF THE WIRE

 By Melissa Simon

melissa@theacorn.com

  

  Bill was inspired by a Simi officer

       

Known as the Identity Confirmation Act, California Assembly Bill 346 would require a motorist to give law enforcement an unobstructed view of their face along with their license during a traffic stop, said 38th District Assembly Member Scott Wilk, author of the bill.
http://www.simivalleyacorn.com/…/Proposed_state_law_targets…

http://www.leginfo.ca.gov/.../ab_346_bill_20150213...



UNOBSTRUCTED VIEW— I f signed into law, 38th District Assemblymember Scott Wilk’s Assembly Bill 346 would require motorcyclists to remove their helmets during traffic stops.

Proposed legislation could soon give California police officers an extra tool to identify motorists when making traffic stops.
The idea for the law, which is primarily targeted at helmeted motorcyclists, came from a Simi Valley patrol officer.


 Known as the Identity Confirmation Act, Assembly Bill 346 would require a motorist to give law enforcement an unobstructed view of their face along with their license during a traffic stop, said 38th District Assemblymember Scott Wilk, author of the bill.

The 38th District encompasses Simi Valley, the Santa Clarita Valley, Porter Ranch, a portion of Chatsworth and Granada Hills.
The bill was inspired by Simi Valley Police Officer Chris Coulter, who told the assemblyman about his frustrations of having traffic cases thrown out of court because he couldn’t positively identify someone, Wilk told the Simi Valley Acorn last week.
“After that conversation with Chris,” Wilk said, “I started talking to other officers, and many of them said motorists are compliant about 99 percent of the time, but sometimes they get a few that aren’t. This bill would be a way for police officers to be able to properly identify a person in case they have to go court, but also so (police) know if a motorist is who they say they are.”
Coulter, a past president of the Simi Valley Police Officers’ Association, said he first approached Wilk about three months ago after an incident where a motorcyclist refused to remove his helmet during a traffic stop.
The man, whose helmet covered everything but his eyes and the bridge of his nose, gave Coulter his license and said that was sufficient identification, the officer said.
“We all know identification cards and licenses have pictures on them, but the picture is of a person’s face,” the motor officer said. “That face might be under the helmet, but it might not be. There’s no way to absolutely positively match that person to the picture unless you see their face.”
Currently, if a driver refuses to show their face during a traffic stop, police can arrest them for resisting or delaying an officer, Coulter said. If stopped for a traffic violation, a driver would receive a ticket and be on their way, but resisting an officer can result in going to jail until they can go before a judge.
The whole purpose of the bill, Coulter said, is so officers know they’re issuing the citation to the right person and not “in the name of” the person listed on the license—for example, the officer said, two brothers who look almost identical.
“The brothers obviously know enough about each other that they could sit there and tell me their date of births, where they live and where they grew up,” the officer said.
While AB 346 still has a long way to go, the bill, which Wilk calls a “common-sense approach,” reached a milestone on April 13 when it passed the Assembly’s Transportation Committee by a landslide of 78-1, with 29th District Assemblymember Mark Stone dissenting.
Stone represents Monterey County, Santa Cruz County and a portion of the Santa Clara County.
Wilk said, “In order to be able to cite the correct person, you need to be able to see their full face. To me, it seems simple and common sense, but drivers don’t have to do it. If this passes, they will.”
During his 23 years on the police force, Coulter said, there have been too many times he wasn’t able to positively identify a driver during a traffic court case.
“If we don’t have a law that says drivers have to show me their face, then how am I really ever going to identify them?” he said. “Some may say fingerprints or DNA is something we could use, but it’s not readily available in the field, and we’re dealing with time constraints.”
Although the case that prompted the bill was unusual, Coulter said, drivers refusing to remove their helmets are becoming more frequent.
“I think this is a good move for all law enforcement in California, and it’s just another tool to help us get our jobs done quickly and efficiently,” he said.
Wilk said his next goal is to get approval from the Senate followed by a signature from Gov. Jerry Brown.

“Last year, (Brown) signed six out of seven bills that were put on his desk, and I’m assuming he will sign this if it gets to his desk,” the assemblyman said. “I’ve just learned in this process that, until the governor signs it, you just don’t know.”