Policy Text
2023 MOUNTAIN VIEW POLICE DEPARTMENT
SPECIAL OPERATIONS DIVISION
TRAINING AND INFORMATION
BULLETIN
PAGE 1 OF 3
DATE: December 26th, 2023
BULLETIN NUMBER: 23 - 12
SUBJECT: Law Changes for 2024
INFORMATION:
There are several new laws and changes to existing laws as we enter the New Year. Below is a
summary o f relevant law changes and additions affecting PD operations for 2024. A complete
list of all California law changes can be found o n the California District Attorneys Association –
2023 Legislative Digest (link) .
Officers should review the complete code sections to understand the changes and compliance
requirements, as well as ensure all the necessary elements are met before taking enforcement
action under the new provisions. Unless otherwise indicated, all the following law changes go
into effect on January 1, 2024.
VEHICLE CODE
V.C. 2806.5
(Amended)
(Ch.805) (AB 2773) (Effective
1/1/24) Adds a new requirement (V.C. 2806.5) that a peace officer making a
traffic or pedestrian stop state the reason for the stop before engaging
in questioning related to criminal activity or a traffic violation , unless
the officer has reasonable belief that withholding the reason for the
stop is necessary to protect life or property from imminent threat.
What this means : Unle ss an imminent threat exists, peace officers
must state the reason for a traffic stop or pedestrian stop before any
questioning . This means it will or should typically be done shortly
after making the stop .
V.C. 22500
(Amended)
(Ch. 652) (AB 413) (Effective 1/1/24) Parking Near a Crosswalk - Prohibits a person from parking a vehicle
within 20 feet of the approach side of any marked or unmarked
crosswalk, or within 15 feet of any crosswalk where a curb extension is
present. Authorizes local authorities to establish a different distance if
justified by established traffic safety standards and if the authority has
marked the different distances at the intersection using paint or a
posted sign.
What this means: The intent behind this change is to increase
visibility and reduce conflict (and col lisions) for all roadway users.
The CMV has not made any changes thus far.
WELFARE AND INSTITUTIONS CODE
W&I 5008
(Amended)
W&I 5122
(New)
W&I 5350
W&I 5354
W&I 5402
(Amended)
(Ch. 637) (SB 43)
(Effective
1/1/24) Expansion of “Gravely Disabled” - Expands the definition of
“Gravely Disabled” so that a conservatorship (including a 72- hour
hold placed by law enforcement or other authority) may be ordered for a person suffering from severe substance abuse and chronic
alcoholism.
Also expands the definition to include a condition in which a person,
as a result of a severe substance use disorder (including chronic
alcoholism), or co -occurring mental health disorder and severe
substance use disorder, is unable to care for their basic personal needs for food, clothing, and shelter, thus placing them in substantial risk of
serious harm.
Counties have the option to defer the implementation of the new
provisions to January 1, 2026. Santa Clara County TBD.
GOVERNMENT CODE
G. C. 8594.14
(New)
(Ch. 627)
(SB 627)
(Effective
1/1/24) Ebony Alert - Authorizes a law enforcement agency to request that the
California Highway Patrol activate an “Ebony Alert” for missing
African American youth, including young women and girls, between
12-25 years of age, who are missing under suspicious or dangerous
circumstances, such as age, mental or physical disability, environmental
conditions, and human trafficking.
What this means: MVPD -initiated Ebony alerts will follow the same
protocol as other CHP alerts (Amber, Blue, Silver), which can be found
in Policy 334, Public Alerts.
HEALTH AND SAFETY CODE
H&S 24400
(Amended)
(AB360)
(Effective
1/1/24) Prohibition of the Term “Excited Delirium” - Prohibits a peace
officer from using the term “excited delirium” to describe a person in
an incident report, but permits the officer to describe the
characteristics of the person’s demeanor, conduct, or condition.
What this means : You may describe an individual’s behavior . You
may NOT document the term “excited delirium” in any type of police
report.
PENAL CODE
P.C. 236.21
(Amended)
(Ch. 109)
(SB 376)
(Effective Human Trafficking