POST Monthly Report

september 2017

 

POST EDI TRAINING COURSE PRESENTED AT SUNNYVALE DEPT OF PUBLIC SAFETY

On September 12, 2017, training managers/coordinators attended an 8-hour training day hosted by the Sunnyvale DPS.  POST staff presented information on the POST website, the Learning Portal, procedures on how to start a new course certification, and roster management.  This was a great opportunity for training managers and representatives from POST to network, discuss relevant training topics, and expand their knowledge base.

Questions regarding the Training Managers Course may be directed to Senior Consultant Christine Ford, Training Delivery and Compliance Bureau, at (916) 227-0472.

POST TEST PANEL 

The Basic Course Test Panel met August 9-11, 2017.  The panel continued their analysis of test items for the new testing format of multi-dimensional Learning Objectives (LO).

As proposed to the Basic Course Consortium, the goal of creating the multi-dimensional Learning Objectives tests is to prepare students for scenario testing in the basic courses and field training.  These tests eliminated the requirement of maintaining 26 separate Learning Domain tests.  As of July 1, 2017, all presenters were required to test in the new multi-dimensional Learning Objective test format in TMAS II.  Several presenters have been testing since February 15, 2017.  To date, students have been doing very well on all of the new tests.

Questions regarding the POST Test Panel may be directed to Associate Governmental Program Analyst, Windy Kaiser at (916) 227-4537 or Bob Holmgren, Research Specialist III at (916) 227-4830.

TRAINING MANAGERS COURSE PRESENTED IN VENTURA

On September 6-7, 2017, 37 agency personnel attended the 14-hour Training Managers Course presented by California Association of Police Training Officers (CAPTO).  The course is designed for newly assigned training managers.  POST staff presented information on the POST website, the Learning Portal and training videos, course certification, POST regulations, and agency compliance inspections.  Attorney Ed Obayashi presented on liability issues, trends in use of force, officer misconduct, and management of training records.

Questions regarding the Training Managers Course may be directed to Senior Consultant Christine Ford, Training Delivery and Compliance Bureau, at (916) 227-0472.

VEHICLE PURSUIT POLICY TRAINING ON THE LEARNING PORTAL – A FIRST FOR POST

The most recent addition to the Learning Portal, Vehicle Pursuit Policy, marks a first for POST.  Usually, courses on the Portal are generic in nature for relevancy applicable to agencies across the state.  This new course allows agencies to customize portions to match their individual pursuit policy.

This innovative approach uses a Customization Module (CM) which allows an agency’s Learning Portal Administrator to upload a PDF of their policy, answer questions, and publish the customizations on the Portal.  When officers take their agency specific course, they will receive feedback specifically geared to their pursuit policy.  Upon conclusion, officers can download the PDF of the policy, print and sign an attestation form, and submit to their training manager.

Vehicle Pursuit Policy and the CM have the same benefits as other Portal courses - 24/7 access, progress tracking without a cost to POST agencies.  In addition, the CM features the ability to cut and paste policy excerpts into interaction feedback, write-in answer selections, add agency-specific questions, and track when and who last updated it.  The course meets the annual mandate for SB719 Pursuit Policy Training, provides a learning track for supervisors, and awards 2 CPT credits upon completion.

Special thanks to the following agencies who provided subject matter experts, training manager advisors, pilot testers, and role players for the development of the course and CM:

Allan Hancock College Fresno Police Department
Atherton Police Department Galt Police Department
BART Police Department Hillsborough Police Department
Brea Police Department Imperial County Sheriff’s Office
Brisbane Police Department Lake County Sheriff’s Department
Burlingame Police Department National City Police Department
California Department of Insurance Enforcement Orange County Sheriff’s Department
California Highway Patrol Redondo Beach Police Department
Citrus Heights Police Department Riverside County Sheriff’s Office
Coloma Police Department Sacramento County Sheriff’s Department Training Academy
CSU Dominguez Hills Police Department San Bernardino County Sheriff’s Department
Davis Police Department San Francisco Police Department
Elk Grove Police Department San Jose Police Department
Fresno Police Department Ventura County Sheriff’s Office

For more information or questions regarding Vehicle Pursuit Policy Training on The Learning Portal – A First for POST, contact Sr. Information Systems Analyst, Catherine Bacon-Davis, Learning Technology Resources Bureau, at (916) 227-4546.

LEGISLATIVE UPDATE – STATUS OF CURRENT LEGISLATION

The following are bills in Legislative Session 2017-18.  Each bill would have an impact on POST operations, or be of significant interest to law enforcement partners. Note: updates were made on 10/05/17.

Bill # and Author Title and Summary Status of Bill

AB 2

Assembly Member Obernolte

Hate crimes: peace officers.

This bill would make any criminal act, except the crime of resisting, delaying, or obstructing an officer, committed in whole or in part because of the victim’s status as a peace officer, as defined, a hate crime.

 

Introduced date: 12/5/2016

Status: Amended in Assembly on 2/28/2017; Assembly Public Safety Committee: failed hearing deadline

AB 16

Assembly Member Cooper

Criminal law: DNA evidence.

This bill would require persons convicted of specified misdemeanors to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis.

Introduced Date: 12/5/2016

Status: Assembly Public Safety Committee 3/14/2017; testimony taken; failed hearing deadline

AB 27

Assembly Member Melendez

Violent felonies: sex offenses.

This bill would additionally define as violent felonies rape, sodomy, penetration with a foreign object, or oral copulation, if the victim was unconscious, if the victim was incapable of giving consent due to intoxication, if the victim was incapable of giving legal consent because of a mental disorder or developmental or physical disability, if the victim submitted to the act under the belief that the person committing the act was someone known to the victim other than the accused, or if the act was accomplished against the victim’s will by threatening to use the authority of a public official, thereby amending Proposition 36 by adding to the list of violent felonies that can be prosecuted as a 3rd strike.

Introduced Date: 12/5/2016

Status: Amended in Assembly on 3/22/2017; Appropriations Committee; suspense file 4/26/17

AB 41

Assembly Member Chiu

DNA evidence.

This bill would require law enforcement agencies to report information regarding rape kit evidence, within 120 days of the collection of the kit, to the Department of Justice through a database established by the department.

Introduced Date: 12/5/2016

Status: Amended in Assembly 3/27/17; Senate Appropriations Committee

AB 64

Assembly Members Bonta, Cooley, Jones-Sawyer, Lackey, and Wood

Cannabis: medical and nonmedical: regulation and advertising.

This bill would specify that a dispensary, producing dispensary, or retailer license may be issued for storefront locations with direct physical access for the public or nonstorefront locations without direct physical access for the public. This bill would expand that prohibition to apply to advertising or marketing on all interstate highways or state highways and would apply those restrictions and requirements, with this expanded prohibition, to all entities regardless of licensure under AUMA.

Introduced Date: 12/12/2016

Status: Amended in Assembly 4/5/2017; in Senate, referred to Business, Professions & Economic Development, Public Safety, Rules Committees on 6/14/17

 

 

AB 67

Assembly Member Rodriquez and Cervantes

Violent and nonviolent felonies.

This bill would state the intent of the Legislature to enact legislation to define human trafficking, domestic violence involving strangulation, and rape of an unconscious person as violent felonies.


Introduced Date: 12/14/2016

Status: Amended in Assembly on 3/22/2017; Assembly Appropriations Committee; suspense file 4/26/17

AB 76

Assembly Member
Chau

Adult-use marijuana: marketing.

This bill would state the intent of the Legislature to introduce legislation relating to the prohibition of the marketing of adult-use marijuana to children.

Introduced Date: 1/4/2017

Status: In Senate Appropriations Committee 7/12/17

AB 87

Assembly Member
Ting

Autonomous vehicles.

Under existing law, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of the Vehicle Code, unless otherwise specified. This bill would provide that violation of this section is not an infraction and would instead, among other things, require the department to revoke the registration of a vehicle that is being operated in violation of those provisions. The bill would also authorize a peace officer to cause the removal and seizure of a vehicle operating on the public streets with a registration that has been revoked pursuant to these provisions and authorize the department to impose a penalty of up to $25,000 per day for each autonomous vehicle operating in violation of these provisions.

Introduction Date: 1/5/2017

Status: In Assembly Transportation Committee, hearing canceled at the request of the author

AB 90

Assembly Member Weber

Criminal gangs.

This bill would make the Department of Justice responsible for administering and overseeing any shared gang database in which California law enforcement agencies participate, and would provide that commencing January 1, 2018, the CalGang Executive Board would no longer administer or oversee the CalGang database or the shared gang databases that participate in the CalGang database.

 

Introduced date: 1/9/2017

Status: Enrolled and to the Governor 09/25/17 

 

AB 158

Assembly Member
Chu

Hate crime reporting standards.

This bill would require specified reports of law enforcement agencies to include a check box and specified question that indicate whether an incident was bias related. The bill would require law enforcement agencies to implement the provisions of the bill on or before July 1, 2018. By imposing requirements on local law enforcement agencies, the bill would impose a state-mandated local program.


Introduced Date: 1/12/2017

Status: Amended in Assembly on 4/17/2017;  Assembly Appropriations Committee suspense file 5/10/17

AB 163

Assembly Member Weber

School safety: peace officer interactions with pupils.

This bill would require the governing board of a school district to adopt and annually review a policy regarding the scope of peace officer interactions, including, but not limited to, those employed by a school police department or by a local law enforcement agency, with pupils and to consider how to reduce the presence of peace officers on campus. The bill would require those policies to include specified elements, including, among others, that school staff only call a peace officer when there is a real and immediate physical threat to pupils, teachers, or public safety or when mandated by existing law, that a peace officer not arrest or discipline pupils for violations of school rules or for low-level misconduct, and that a peace officer not interview or arrest a pupil on a school campus during school hours absent a real and immediate physical threat to pupils, teachers, or public safety.

Introduced Date: 1/13/2017

Status: Referred to Education and Public Safety Committees on 1/30/2017

AB 173

Assembly Member Jones-Sawyer

School safety: peace officer interactions with pupils.

This bill would require, on and after January 1, 2019, the governing board of a school district that establishes a school police department, that contracts with or employs peace officers, or that permits a law enforcement agency to assign peace officers or school resource officers to a schoolsite to require the applicable law enforcement agency to report, on a monthly basis, information similar to that reported under the Racial and Identity Profiling Act of 2015 on all stops, as defined, made at a schoolsite. The bill would require the reports to include additional information relating to the law enforcement agency’s interactions with pupils and nonpupils, as specified. The bill would require the collection and reporting of data pursuant to the bill to be undertaken in accordance with the Racial and Identity Profiling Act of 2015 and its implementing regulations. The bill would require the governing board of a school district to forward the monthly report to the Attorney General within 30 days of receipt and to present an annual report based on the monthly reports from the prior academic year during an open session of a regularly scheduled public meeting of the governing board of the school district. By imposing additional duties on school districts and local law enforcement agencies, the bill would impose a state-mandated local program.

Introduced Date: 1/17/2017

Status: Amended 4/25/17; Re-referred to Education Committee on 4/26/2017

AB 197

Assembly Member Kiley

Violent felonies.

This bill would additionally define as violent felonies child abduction, providing a child under 16 years of age for purposes of a lewd act, abduction of a minor for purposes of prostitution, child abuse, sodomy with a minor, oral copulation of a minor, contact with a minor to commit specified offenses, arranging a meeting with a minor for lewd purposes, employing a minor to produce sexual matter, elder and dependent adult abuse, false imprisonment of an elder or dependent adult, and animal abuse, as specified, thereby amending Proposition 36 by adding to the list of violent felonies that can be prosecuted as a 3rd strike. By changing the definition of a crime, this bill would impose a state-mandated local program.

Introduced Date: 1/19/2017

Status: Referred to Public Safety Committee on 1/30/17; hearing canceled at the request of the author 4/4/17

AB 208

Assembly Member Eggman

Deferred entry of judgment: pretrial diversion.

This bill would make the deferred entry of judgment program a pretrial diversion program. The bill would make that a defendant qualify for the pretrial diversion program if he or she has no prior conviction within 5 years prior to the alleged commission of the charged offense for any offense involving controlled substances other than the offense that qualifies him or her for diversion, the charged offense did not involve violence, there is no evidence within the past 5 years of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program, and the defendant has no prior conviction for a serious or violent felony within 5 years prior to the alleged commission of the charged offense.

Introduced Date: 1/23/2017

Status: Enrolled and to the Governor 09/25/17

AB 210

Assembly Member Santiago

Homeless multidisciplinary personnel team.

This bill would authorize counties to also establish a homeless adult, child, and family multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county to allow provider agencies to share confidential information, as specified, for the purpose of coordinating housing and supportive services to ensure continuity of care. The bill would authorize the homeless adult, child, and family multidisciplinary personnel team to designate qualified persons to be a member of the team and would require every member who receives information or records regarding children and families in his or her capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.

Introduced Date: 1/23/2017

Status: Enrolled and to the Governor 09/20/17

AB 238

Assembly Member Steinorth

Nonmedical marijuana: manufacturing: volatile solvents in residential structures.

This bill would prohibit a manufacturing Level 2 licensee from manufacturing marijuana products using volatile solvents in a residential structure or on residential property. The bill would declare that its provisions implement specified substantive provisions and are consistent with and further the intent of the act.

 

Introduced date: 1/30/2017

Status: In Senate; inactive file

 

AB 264

Assembly Member Low

Protective orders.

Under existing law, the court is required to consider, at the time of sentencing, issuing a protective order, which may be valid for up to 10 years, in a case in which a defendant has been convicted of a crime of domestic violence or of specified sex offenses, restraining the defendant from any contact with the victim. Under existing law, contempt of a court order is a misdemeanor, as specified. This bill would require the court to consider issuing a protective order, which may be valid for up to 10 years, restraining the defendant from any contact with a victim of, or witness to, any crime for which the defendant suffered a conviction.


Introduced Date: 1/31/2017

Status: Approved by the Governor 09/25/17; Chapter 270

AB 270

Assembly Member Gallagher

Restraining orders: witness.

Under existing law, a willful and knowing violation of a protective order or stay-away court order, issued under specified conditions, including the above-described provision, constitutes contempt of court, a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $1,000, or by both the imprisonment and the fine, except as specified. This bill would additionally require the court to consider issuing an order restraining a criminal defendant who has been convicted of a crime involving domestic violence from any contact with a minor who was not a victim of, but who was physically present at the time of, the crime. The bill would provide that the minor, under those circumstances, is a witness.

Introduced Date: 2/1/2017

Status: In Senate Appropriations Committee, suspense file 7/10/17

AB 282

Assembly Members Jones-Sawyer and Bonta

Commission on Peace Officer Standards and Training: procedural justice training.

This bill would require the commission to develop and disseminate training for peace officers on principled policing, which would include the subjects of procedural justice and implicit bias, as defined. The bill would require this training for specified peace officers. The bill would also require the commission to certify and make training available to train peace officers to teach the course of training on principled policing to other officers in their agencies. The bill would require the commission to offer the principled policing course and the training course quarterly commencing in June 2018. The bill would require the commission, no later than June 1, 2019, to evaluate its current course of basic training and promulgate a plan to incorporate the concepts of principled policing into its course of basic training and would require each peace officer to complete a refresher course no less than every 5 years.

Introduced Date: 2/2/2017

Status: Referred to Assembly Public Safety Committee on 2/13/17; Pulled from hearing agenda at the request of the author

AB 283

Assembly Member Cooper

County employees' retirement: permanent incapacity.

This bill would specify that any member who is classified as a peace officer, as defined, shall be retired for disability upon meeting the criteria of this provision, regardless of the member’s rank, position, or duty at the time of injury or at the time of application for permanent incapacity. The bill would also make nonsubstantive changes to that provision.

Introduced Date: 2/2/2017

Status: In Senate Public Employment and Retirement Committee, hearing 6/26/17

AB 284

Assembly Member McCarty

Peace officers: use of force.

This bill would, contingent upon the appropriation of funding by the Legislature, require the Department of Justice to conduct a study of all or a sample of peace officer-involved shootings resulting in death or serious injury that occurred in California between January 1, 2015, and December 31, 2016. The bill would require the department to prepare a written report describing its findings and recommendations and make the report available to the public.

Introduced Date: 2/2/2017

Status: In Senate Appropriations Committee 7/12/17

AB 285

Assembly Member Gallagher

Drug and alcohol free residences.

This bill would, among other things, define a “drug and alcohol free residence” as a residential property that is operated as a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or drug abuse, or both, who seek a living environment that supports personal recovery. The bill would authorize a drug and alcohol free residence to demonstrate its commitment to providing a supportive recovery environment by applying and becoming certified by an approved certifying organization that is approved by the State Department of Health Care Services. The bill would provide that a residence housing persons who are committed to recovering from drug or alcohol addiction is presumed to be a drug and alcohol free residence if the residence has been certified by an approved certifying organization.

Introduced Date: 2/2/2017

Status: Amended in Assembly on 3/23/2017; Appropriations Committee, suspense file 4/2/2017

AB 298

Assembly Member Gallagher

Immigration holds.

This bill would require a local law enforcement official to cooperate with federal immigration officials by detaining an individual convicted of a felony on the basis of an immigration hold for up to 48 hours, as specified, after the person becomes eligible for release from custody if continued detention on the basis of the immigration hold would not violate federal law. By creating new duties for local officials, this bill would impose a state-mandated local program. The bill would also make conforming changes.

Introduced Date: 2/6/2017

Status: Referred to Assembly Public Safety Committee on 2/13/17; failed passage

AB 320

Assembly Member Cooley

Child Advocacy Centers.

This bill would authorize a county, in order to implement a multidisciplinary response to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment, to use a Child Advocacy Center. The bill would require a Child Advocacy Center to meet specified standards, including the use of representatives from specified disciplines and providing dedicated child-focused settings for interviews and other services. The bill would authorize multidisciplinary team members to share with each other information in their possession concerning the child, the family of the child, and the person who is the subject of the abuse or neglect investigation, as specified.

Introduced Date: 2/6/2017

Status: Amended in Assembly on 3/20/17; Referred to Human Services Committee on 4/4/17, hearing canceled at the request of the author

AB 324

Assembly Member Kiley

Crimes: disorderly conduct.

Existing law provides that a person who uses a camera or similar device to photograph, film, or otherwise record an identifiable person under or through their clothing, for the purpose of viewing their body or undergarments for the purpose of sexual gratification, or to record an identifiable person who is in a state of full or partial undress in an area in which they have a reasonable expectation of privacy, without their consent, is guilty of disorderly conduct, a misdemeanor. This bill would eliminate the requirement that the recorded person in either of these circumstances be identifiable.

Introduced Date: 2/7/2017

Status: In Senate Public Safety Committee 6/14/17

AB 328

Assembly Member Lackey

Juvenile records.

Existing law specifically requires the court to provide specified written notice, within 7 days, to the superintendent of the school district of attendance of a juvenile who has been found by the court to have committed certain offenses. This bill would instead require the court to provide that written notice within 5 days, and would require the parole officer or probation officer to provide notice to a superintendent under those provisions within 5 days after the minor’s return, as specified. By imposing additional duties on those officers, the bill would create a state-mandated local program.

Introduced Date: 2/7/2017

Status: Amended in Assembly on 2/27/17; Referred to Public Safety Committee on 2/28/17; hearing canceled at request of author 4/4/17

AB 334

Assembly Member Cooper

Sexual assault.

Existing law provides that in a civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action shall be the later of within 3 years from the date of the last act of domestic violence by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act of domestic violence by the defendant against the plaintiff. This bill would additionally make these provisions applicable to a civil action for damages suffered as a result of sexual assault, as defined. The bill would also increase the time for commencement of the action to the later of within 10 years from the date of the last act of domestic violence or sexual assault by the defendant against the plaintiff or within 10 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act of domestic violence or sexual assault by the defendant against the plaintiff.

Introduced Date: 2/7/2017

Status: In Senate Public Safety Committee

AB 342

Assembly Member Chiu

Vehicles: automated speed enforcement: five-year pilot program.

This bill would authorize, no later than January 1, 2019, the City of San Jose (San Jose) and the City and County of San Francisco (San Francisco) to implement a 5-year pilot program utilizing an automated speed enforcement system (ASE system) for speed limit enforcement on certain streets, if the system meets specified requirements, including that the presence of a fixed or mobile ASE system is clearly identified by signs, as specified, and trained peace officers or other trained designated municipal employees are utilized to oversee the operation of the fixed and mobile ASE systems. The bill would require San Jose and San Francisco to adopt an ASE System Use Policy, as specified, and develop uniform guidelines for, among other things, the processing and storage of confidential information. The bill would provide that a speed violation that is recorded by an ASE system is subject to a civil penalty in an amount not to exceed $100.

Introduced Date: 2/7/2017

Status: Amended in Assembly on 4/6/17; Transportation Committee for testimony only 4/24/2017

AB 372

Assembly Member Stone

Domestic violence: probation.

Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterer’s program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period of not less than one year. Existing law provides for the approval of batterer’s programs by the probation department and requires the goal of a batterer’s program to be stopping domestic violence. This bill would require the goal of a batterer’s program to be stopping domestic violence through the use of evidence-based or promising practice programs that reduce recidivism. The bill would also state the intent of the Legislature to enact legislation that reforms the current 52-week domestic violence batterer intervention programs.

Introduced Date: 2/9/2017

Status: In Senate Public Safety Committee, hearing 6/27/17

AB 381

Assembly Member Calderon

Vehicle registration: Voluntary Deaf or Hard of Hearing Notification Program: establishment.

Existing law generally prohibits a person from driving, moving, or leaving upon a highway or in an offstreet public parking facility a vehicle, unless it is registered with the Department of Motor Vehicles and the appropriate fees have been paid. This bill would establish and require the department to administer the Voluntary Deaf or Hard of Hearing Notification Program. The program would allow a person at the time of the original or renewal of registration of a vehicle to voluntarily indicate that a driver of the vehicle may be deaf or hard of hearing and further allow a peace officer to access that information when accessing other information about the vehicle. The department would be prohibited from indicating, in any manner, the information provided pursuant to the program on a driver’s license, certificate of ownership, registration card, or license plate.

Introduced Date: 2/9/2017

Status: Enrolled and to the Governor 09/26/17

AB 413

Assembly Member Eggman

Confidential communications: domestic violence.

Existing law makes it a crime, subject to specified exemptions, for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law exempts from the prohibition the recording of a confidential communication made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of certain crimes, including any felony involving violence against the person making the recording. Existing law also allows a judge to include a provision in a domestic violence restraining order permitting a victim of domestic violence to record any prohibited communication made to him or her by the perpetrator. This bill would allow a party to a confidential communication to record the communication for the purpose of obtaining evidence reasonably believed to relate to domestic violence, as specified.

Introduced Date: 2/9/2017

Status: Approved by the Governor 9/01/17; Chapter 191

AB 416

Assembly Member Mathis

Cannabis.

The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, exempts from specified criminal penalties the possession or cultivation of medical marijuana by a patient or primary caregiver for the patient’s personal medical purposes. The Medical Cannabis Regulation and Safety Act (MCRSA) authorizes a person who obtains both a state license under the MCRSA and the relevant local license to engage in commercial medical cannabis activity pursuant to those licenses, as specified. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial nonmedical marijuana activity pursuant to that license and applicable local ordinances, as specified. This bill would state the intent of the Legislature to enact legislation relating to CBD-enriched cannabis.

Introduced Date: 2/9/2017

AB 424

Assembly Member McCarty

 

 

Possession of a firearm in a school zone.

Existing law makes it a crime to possess a firearm in a place that the person knows, or reasonably should know, is a school zone, unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority. This bill would delete the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone. By expanding the scope of a crime, this bill would create a state-mandated local program.

Introduced Date: 2/9/2017

Status: Enrolled and to the Governor 09/18/17

AB 437

Assembly Member Rodriguez

At-risk persons: first responders.

This bill would require the Attorney General to establish and maintain within the center a Voluntary Online At-Risk Community Network for purposes of providing information to first responders in order to prevent harmful interactions between first responders and seniors or persons with disabilities, as defined. The bill would prescribe the information that a senior, a person with a disability, a person with a limited conservatorship of a person with a developmental disability, or a parent or intellectual disability, as specified, or a parent or legal guardian of a minor child with a disability may voluntarily provide to the Attorney General for inclusion in the network, and prescribe how the network would be developed and communicated to the public, as specified. The bill would prohibit a conservator from submitting information on behalf of a conservatee if the conservatee directs the conservator not to submit information. The bill would require specified first responders to broadcast a “Be on the Lookout” bulletin within its jurisdiction under circumstances upon which a person in the network is missing or needs assistance. By imposing new duties on local entities under various provisions of the bill, the bill would create a state-mandated local program.

 

Introduced Date: 2/13/2017

Status: Assembly Appropriations Committee, hearing postponed by committee 5/26/17

AB 459

Assembly Member Chau

Public records: body-worn cameras.

This bill would exempt video and audio files from a body-worn camera created by a peace officer of a state or local law enforcement agency that depict any victim of rape, incest, domestic violence, or child abuse from disclosure pursuant to the act, unless the victim or victims depicted provide express written consent.

Introduced Date: 2/13/2017

Status: Approved by the Governor 09/26/17; Chapter 291

AB 462

Assembly Member Thurmond

Mental Health Services Oversight and Accountability Commission: wage information data access.

This bill would declare the intent of the Legislature to authorize the commission to receive information held by other state agencies, as it relates to outcomes established under the MHSA or adopted by the commission under the MHSA for the purposes of monitoring those outcomes and improving the mental health system. The bill would authorize the Director of Employment Development to share information to enable the commission to receive quarterly wage data to assist the commission in fulfilling its duties under the MHSA.

Introduced Date: 2/13/2017

Status: Enrolled and to the Governor 09/18/17

AB 493

Assembly Member Jones-Sawyer

Crime: victims and witnesses: immigration violations.

Existing law prohibits a peace officer from detaining an individual exclusively for any actual or suspected immigration violation or reporting or turning the individual over to federal immigration authorities whenever an individual who is a victim of or witness to a hate crime, as defined, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law. This bill would enact a prohibition similar to the one described above that would be applicable whenever an individual is a victim of or witness to a crime, or otherwise can give evidence in a criminal investigation, without regard to whether the crime is a hate crime.

Introduced Date: 2/13/2017

Status: Approved by the Governor 9/01/17; Chapter 194

AB 512

Assembly Member Rodriguez

Public employees’ retirement: safety members: industrial disability retirement.

The Public Employees’ Retirement Law, until January 1, 2018, provides a state safety member of the Public Employees’ Retirement System who retires for industrial disability a retirement benefit equal to the greatest amount resulting from 3 possible calculations. In this regard, the benefit amount is based on an actuarially reduced service retirement, a service retirement allowance, if the member is qualified, or 50% of his or her final compensation, plus an annuity purchased with his or her accumulated contributions, if any. Existing law establishes the Public Employees’ Retirement Fund, which is appropriated continuously for various purposes, including the payment of benefits. This bill would delete the repeal of these provisions, thereby extending them indefinitely. By providing that a continuously appropriated fund may be spent for a new purpose, this bill would make an appropriation. The bill would also make a statement of legislative findings.

Introduced Date: 2/13/2017

Status: Enrolled and to the Governor 09/25/17

AB 530

Assembly Member Cooper

Public employment: collective bargaining: peace officers.

Existing law establishes the Public Employment Relations Board (PERB) in state government as a means of resolving disputes and enforcing the statutory duties and rights of employers and employees under the Educational Employment Relations Act, the Higher Education Employer-Employee Relations Act, the Ralph C. Dills Act, and the Meyers-Milias-Brown Act. Existing law includes within PERB’s jurisdiction resolving disputes alleging violation of rules and regulations adopted by a public agency, as defined, concerning unit determinations, representations, recognition, and elections, as specified. This bill would expand the jurisdiction of PERB to include resolving disputes and statutory duties and rights of persons who are peace officers, as defined.

Introduced Date: 2/13/2017

Status: Enrolled and to the Governor 09/19/17 

 

AB 533

Assembly Member Holden

Off-highway motor vehicles.

Existing law makes it a misdemeanor punishable by imprisonment in a county jail, as specified, or by a fine of not less than $50 nor more than $500, or by both that imprisonment and fine, to drive an off-highway motor vehicle with a willful and wanton disregard for the safety of other persons or property. This bill would change the potential fine amount applicable to this offense to not less than $145 nor more than $500.

Introduced Date: 2/13/2017

Status: In Senate Transportation & Housing Committee 5/24/17

AB 537

Assembly Member Acosta

Serious felonies.

This bill would amend those initiatives statutes by adding certain felonies, including threatening a witness and human trafficking, to the definition of a serious felony, as specified. The bill would specify that for all offenses committed on or after January 1, 2018, references to code sections contained in the Three Strikes Law are to those statutes as they read January 1, 2018. Because the bill would impose additional duties on local prosecutors, and because it would expand the punishments for existing crimes, it would impose a state-mandated local program. The bill would make other technical, nonsubstantive changes.

Introduced Date: 2/13/2017

Status: Amended in Assembly on 3/21/17; Assembly Public Safety Committee on 3/28/17, failed passage

AB 539

Assembly Member Acosta

Search warrants.

Existing law defines the crime of disorderly conduct as including, among other things, actions involving the use of an instrumentality to view the interior of specified rooms with the intent to invade the privacy of individuals, the use of specified devices to secretly videotape film, photograph, or record an identifiable person either under or through their clothing, for purposes of viewing the body or undergarments, or in a state of full or partial undress, as specified, and the distribution of images of intimate body parts of another identifiable person, or an image of the person engaged in specified acts, as specified. This bill would authorize a search warrant to be issued on the grounds that the property or things to be seized consist of evidence that tends to show that a violation of the above described crime of disorderly conduct has occurred or is occurring.

Introduced Date: 2/13/2017

Status: Enrolled and to the Governor 09/25/17

AB 578

Assembly Member Reyes

Threatening a witness: threats to report immigration status.

This bill would include in the list of circumstances that make threatening a witness or victim a felony a threat to report the immigration status or suspected immigration status of a crime victim or witness, or of a victim’s or witness’ family member or relative. By increasing the penalty for a crime, this bill would impose a state-mandated local program.

Introduced Date: 2/14/2017

Status: In Senate Appropriations Committee on suspense file 07/10/17

AB 585

Assembly Member Gipson

Public officers.

Existing law provides that a sheriff’s or police security officer is a public officer whose duties are limited to the physical security of properties owned, operated, controlled, or administered by the county or city, or any municipality or special district contracting for police services from the county or city, and other necessary duties, as specified. Existing law provides that a sheriff’s or police security officer is not a peace officer and may not exercise the powers of arrest of a peace officer, but may issue citations for infractions and may carry or possess a firearm, baton, and other safety equipment and weapons authorized by the sheriff or police chief, as specified. Existing law requires each sheriff’s or police security officer to satisfactorily complete a specified course of training prior to being assigned to perform his or her duties. This bill would provide, for purposes of those provisions, that a police security officer includes an officer employed by a police division that is within a city department and that operates independently of the city police department commanded by the police chief of a city. By imposing additional training requirements for employees of local entities, the bill would impose a state-mandated local program.

Introduced Date: 2/14/2017

Status: Approved by Governor Chapter 107, 6/24/17

AB 623

Assembly Member Rodriguez

Autonomous vehicles: accident reporting.

This bill would also require the operator of an autonomous vehicle who is involved in an accident that results in damage to the property of any one person in excess of $1,000, or in bodily injury, or in the death of a person, to make that report. The bill would require a traffic collision report prepared by a member of the Department of the California Highway Patrol or any other peace officer to specify if an autonomous vehicle was involved in the traffic collision in any manner. Because a violation of the bill’s reporting requirement would be an infraction, the bill would impose a state-mandated local program.

 

Introduced date: 2/14/2017

Status: In Senate Appropriations Committee 7/13/17

AB 628

Assembly Member Chen

Animal control: seizure of animals: costs.

Existing law requires a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal, or any animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the animal or the health and safety of others. In the case of taking possession of a stray or abandoned animal, existing law requires the officer to provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. This bill would require a seizing organization or entity to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized.

Introduced Date: 2/14/2017

Status: Referred to Assembly Public Safety Committee on 2/27/17; hearing canceled at request of author 3/21/17

AB 631

Assembly Member Harper

Domestic violence.

Existing law makes it a crime, punishable by a fine, by imprisonment, or by both a fine and imprisonment, for a person to willfully inflict corporal injury resulting in a traumatic condition, as defined, upon a person with whom the defendant has been in a specified domestic relationship. Existing law authorizes a court to issue an order to restrain a person in order to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence, as specified. This bill would state the intent of the Legislature to enact legislation relating to domestic violence.

Introduced Date: 2/14/2017

AB 693

Assembly Member Irwin

Firearms.

This bill would exempt the loan of a firearm from the requirement that the transaction be conducted through a dealer if the loan is made to a student enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course. This bill would make the prohibition on large-capacity magazines inapplicable to the sale, gift, or loan of a large-capacity magazine to a student enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, nor to the possession of, or purchase by, the student, for purposes of participation in the course during his or her period of enrollment.

Introduced Date: 2/15/2017

Status: Enrolled and to the Governor 09/12/17

AB 702

Assembly Member Lackey

Driving under the influence: chemical tests.

This bill would increase, as specified, the additional penalties that a court is required to impose if the person convicted of violating specified DUI offenses who willfully refused to complete a breath test at the time of arrest has previously been convicted of specified DUI offenses. Because this bill would increase a person’s term in a county jail, as specified, if the person has previously been convicted of a specified DUI offense, it would impose a state-mandated local program. This bill would change the provision described above to no longer require a court to consider a person’s refusal to take a chemical test as a special factor.

Introduced Date: 2/15/2017

Status: In Senate Appropriations Committee on suspense file 07/17/17

AB 704

Assembly Member Grayson

Multidisciplinary teams: human trafficking and domestic violence.

This bill would authorize a county to establish a domestic violence multidisciplinary personnel team and a human trafficking multidisciplinary personnel team to allow agencies to share confidential information in order to investigate reports of suspected crimes. This bill would authorize members of those multidisciplinary personnel teams to disclose to one another information and records that are relevant to the prevention, identification, or treatment of those crimes.

Introduced Date: 2/15/2017

Status: Referred to Assembly Public Safety Committee on 3/2/2017; hearing canceled at request of author 3/28/17

AB 721

Assembly Member Bigelow

Firearms: prohibited firearms.

Existing law prohibits the manufacture, importation, sale, or possession in the state of short-barreled rifles and short-barreled shotguns, as defined. Existing law authorizes certain government entities and certain peace officers to purchase and possess these firearms under certain circumstances, as specified. This bill would add district attorney’s offices and peace officer members of these offices to the specified entities and persons authorized to purchase and possess these weapons under specified circumstances.

Introduced Date: 2/15/2017

Status: in Senate Appropriations Committee, hearing postponed by committee 5/24/17

AB 748

Assembly Member Ting

Peace officers: body-worn cameras.

This bill would require each department or agency that employs peace officers and that elects to require those peace officers to wear body-worn cameras to develop a policy setting forth the procedures for, and limitations on, public access to recordings taken by body-worn cameras, as specified. The bill would require the department or agency to conspicuously post the policy on its Internet Web site.

Introduced Date: 2/15/2017

Status: In Senate Judiciary Committee 8/23/17

AB 871

Assembly Member Santiago

Emergency services: appropriation.

Under existing law, the Superior Court Security Act of 2012, a sheriff’s department is responsible for providing the necessary level of court security services in all counties, except as specified. Existing law requires the presiding judge, in conjunction with the sheriff or marshal, to develop an annual or multiyear comprehensive court security plan, as specified. Existing law requires the sheriff to attend all superior court sessions held within his or her county except for a noncriminal, nondelinquency action if the presiding judge or his or her designee determines that the sheriff’s attendance is not necessary for reasons of public safety. Existing law authorizes the court to use court attendants, as defined, in courtrooms hearing noncriminal, nondelinquency actions. This bill would make technical, nonsubstantive changes to those provisions.

Introduced Date: 2/16/2017

Status: Revised 4/19/17; Appropriations  Committee, suspense file 5/26/17

AB 875

Assembly Members Cooper, Cervantes, and Lackey

Petty theft: subsequent convictions.

This bill would expand the enhanced petty theft penalties described above to a person who has a prior conviction for any serious or violent felony, and to any person who has 3 or more prior convictions for crimes such as petty theft or shoplifting, grand theft, and burglary. The bill would also authorize a court to grant deferred entry of judgment, for no less than 18 months and no longer than 3 years, to a defendant who has 3 or more prior convictions for those theft-related crimes, under certain conditions, including that the court is satisfied that the defendant suffers from a drug or alcohol addiction and the court finds that the addiction played a significant role in the commission of the offense. The bill would provide that if the person performs satisfactorily during the period of deferred entry of judgment, the criminal charges would be dismissed. The bill would establish procedures for deferred entry of judgment, including requiring county probation departments to file progress reports as directed by the court. The bill would additionally make conforming changes.

Introduced Date: 2/16/2017

Status: Amended 4/19/17; Re-referred to Public Safety  Committee 4/20/17

 

AB 903

Assembly Member Cunningham

California Marijuana Tax Fund: California Highway Patrol.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative statute approved by the voters at the November 8, 2016, statewide general election as Proposition 64, among other things, establishes the California Marijuana Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires, after other specified disbursements are made from the fund, the Controller to disburse the sum of $3,000,000 annually to the Department of the California Highway Patrol beginning fiscal year 2018–2019 until fiscal year 2022–2023, and requires the department to use those funds to establish and adopt protocols to determine whether a driver is operating a vehicle while impaired, including impairment by the use of marijuana or marijuana products, and to establish and adopt protocols setting forth best practices to assist law enforcement agencies. This bill would amend AUMA by requiring the department to use its annual appropriation from the fund to study the viability of standards for marijuana impairment.

Introduced Date: 2/16/2017

Status: Amended 4/19/2017; Re-referred to Assembly Appropriations Committee 4/25/17

AB 927

Assembly Member Levine

Private educational institutions: supplemental law enforcement services: appropriation.

Existing law authorizes the county board of supervisors on behalf of the sheriff, and the legislative body of any city on behalf of the chief of police, to contract to provide supplemental law enforcement services to private schools, private colleges, or private universities on an occasional or ongoing basis. Existing law also requires full reimbursement to the county or city for its actual costs in providing these services. Existing law requires, prior to contracting for these ongoing services to be provided to a private school, private college, or private university, that the board of supervisors or legislative body, as applicable, discuss the contract and the legal requirements of those contracts at a duly noticed public hearing. Existing law also specifies that certain public university and college police departments certified by the Commission on Peace Officer Standards and Training are not prevented from entering into agreements with private schools, private colleges, or private universities to provide law enforcement services. This bill would appropriate $10,000,000 from the General Fund to the Controller for allocation to local governmental entities for the provision of supplemental law enforcement services to private schools, private colleges, or private universities pursuant to the provision described above.

Introduced Date: 2/16/2017

Status: Amended in Assembly on 3/23/17; Appropriations  Committee on suspense file 5/26/17

AB 948

Assembly Member Bonta

Marijuana.

Existing law, the Medical Cannabis Regulation and Safety Act, establishes a program for the licensing and regulation of medical cannabis. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act of 2016, added by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes the consumption of nonmedical marijuana by persons over 21 years of age and provides for the licensure and regulation of certain commercial nonmedical marijuana activities. This bill would state the intent of the Legislature to enact legislation relating to marijuana.

Introduced Date: 2/16/2017

Status: In Senate Appropriations Committee 7/10/17

AB 953

Assembly Member Baker

Protective orders: personal information of minors.

This bill would authorize a minor or a minor’s guardian to petition the court to keep all information regarding the minor obtained when issuing a protective order under either of the above provisions, including, but not limited to, the minor’s name, address, and the circumstances surrounding the protective order with respect to that minor, in a confidential case file. The bill would authorize the court to order that information be kept confidential if the court expressly finds that, among other things, the minor’s right to privacy overcomes the right of public access to the information and no less restrictive means exist to protect the minor’s privacy. If the request is granted, the bill would prohibit that information from becoming part of the public file in that proceeding or any other civil proceeding. The bill would make it a contempt of court to disclose or misuse the confidential information and would require the notice served on the respondent to identify the specific information that is confidential and the penalty for disclosure or misuse of that information. The bill would authorize confidential information to be made available to law enforcement, as specified, to the extent necessary and only for the purpose of enforcing the order. By expanding the crime of contempt of court, this bill would impose a state-mandated local program.

Introduced Date: 2/16/2017

Status: Enrolled and to the Governor 09/19/17

AB 1024

Assembly Member Kiley

Grand juries: peace officers: proceedings.

Existing law permits a grand jury to inquire into all public offenses committed or triable within the county and present them to the court by indictment. If no indictment is returned, existing law allows the court that impaneled the grand jury to disclose all or part of the testimony of a witness before the grand jury to a defendant and the prosecutor in connection with any pending or subsequent criminal proceeding. This bill would require a court to disclose all or a part of a grand jury proceeding, excluding the grand jury’s private deliberations, if the grand jury does not return an indictment in a grand jury inquiry into an offense that involves a shooting or use of excessive force by a peace officer, as defined, that led to the death of a person being detained or arrested by the peace officer, except as specified.

Introduced Date: 2/16/2017

Status: Approved by the Governor 9/01/17; Chapter 204

AB 1029

Assembly Member Weber

Comprehensive school safety plans.

This bill would require the comprehensive school safety plan to be aligned with the school climate state priority and the local control and accountability plan. The bill would add to the list of members on the school safety planning committee one or more individuals with expertise in the social-emotional health of children and youth, as specified.

Introduced Date: 2/16/2017

Status: Enrolled and to the Governor 09/20/17

AB 1034

Assembly Member Chau

Government interruption of communications.

The bill would require a government entity interrupting a communications service due to an extreme emergency situation to apply for a court order without delay, and if possible, to file the application within 6 hours after commencement of interruption. The bill would require the government entity, if it does not apply for an application within 6 hours, to apply within 24 hours after commencement of the interruption and include a declaration under penalty of perjury stating the reason for the delay. By expanding the crime of perjury, this bill would create a state-mandated local program.

Introduced Date: 2/16/2017

Status: Enrolled and to the Governor 09/12/17

AB 1039

Assembly Member Quirk-Silva

Racial and identity profiling: reporting: peace officer.

This bill would specify that the name or other means of identifying a peace officer in connection with the information that the peace officer collects pursuant to the Racial and Identity Profiling Act of 2015, as described above, is not subject to disclosure under the California Public Records Act. The bill would also state, in related provisions, that nothing in the Racial and Identity Profiling Act of 2015 was or is intended to allow public access to, or disclosure of, that information, as specified. The bill would also make technical, nonsubstantive changes to those provisions.

Introduced Date: 2/16/2017

Status: Amended in Assembly  on 3/14/17; Referred to Human Services Committee on 3/15/17; hearing canceled at request of author 3/21/17

AB 1090

Assembly Member Cunningham

Marijuana use: location restrictions.

This bill would prohibit the possession, smoking, or ingesting of marijuana around a school, day care center, or youth center, as specified, regardless of whether children are present. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Introduced Date: 2/17/2017

Status: In Senate Appropriations Committee 7/10/17

 

AB 1096

Assembly Member Bonta

Medical Cannabis.

This bill would authorize the Governor to enter into agreements concerning medical and recreational marijuana with a federally recognized sovereign Indian tribe, as defined. The bill would authorize these agreements to include provisions regulating the activities of a licensee operating on and off the land of a federally recognized sovereign Indian tribe. The bill would require these agreements to include a provision requiring an individual conducting marijuana business activity on tribal land to meet the state and local licensure requirements, as specified, that are required of a licensee operating within the jurisdiction of the local government in which the tribal land is located. The bill would authorize the Governor to delegate the authority to negotiate agreements to the Director of the Bureau of Marijuana Control.

Introduced Date: 2/17/2017

Status: Amended in Assembly on 3/28/17; Re-referred to Governmental Organization Committee on 6/28/17

AB 1103

Assembly Members Obernolte, Ting

Bicycles: yielding.

Existing law, subject to exceptions, provides that a person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the laws applicable to the driver of a vehicle. A violation of the Vehicle Code is punishable as an infraction. This bill would, notwithstanding those provisions, authorize a person operating a bicycle approaching a stop sign, after slowing to a reasonable speed and yielding the right-of-way, to cautiously make a turn or proceed through the intersection without stopping, unless safety considerations require otherwise. The bill would require a person operating a bicycle to continuously signal an intention to turn right or left during the last 100 feet traveled before the turn, except as specified. Because this bill would impose a new requirement on bicycle operators, the violation of which would be a crime, the bill would impose a state-mandated local program.

Introduced Date: 2/17/2017

Status: Amended in Assembly on 4/6/17; Assembly Transportation Committee; testimony taken 5/8/17

AB 1116

Assembly Member Grayson

Peer Support and Crisis Referral Services Act.

This bill would create the Peer Support and Crisis Referral Services Act. The bill would, for purposes of the act, define a “peer support team” as a local critical incident response team comprised of individuals from emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health professionals who have completed a peer support training course developed by the Office of Emergency Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as specified. The bill would provide that a communication made by emergency service personnel to a peer support team member while the emergency service personnel receives peer support services, as defined, is confidential and shall not be disclosed in a civil or administrative proceeding, except as specified. The bill would also provide that, except for an action for medical malpractice, a peer support team or a peer support team member providing peer support services is not liable for damages, as specified, relating to the team’s or team member’s act, error, or omission in performing peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct. The bill would provide that a communication made by emergency service personnel to a crisis hotline or crisis referral service, as defined, is confidential and shall not be disclosed in a civil or administrative proceeding, except as specified.

 

Introduced date: 2/17/2017

Status: In Senate; inactive file

AB 1136

Assembly Member Eggman

Health facilities: residential mental or substance use disorder treatment.

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons so committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation.

Introduced Date: 2/17/2017

Status: In Senate Health Committee 6/14/17

AB 1161

Assembly Member Ting

 
Hate crimes: law enforcement policies.
 
This bill would require any hate crime policy adopted or revised by a state or local law enforcement agency to include, among other things, the model policy framework developed by POST and information regarding bias motivation. The bill would require POST, if it updates the framework or other formal policy on hate crimes, to incorporate this information in its framework or other formal policy. The bill would require any state or local law enforcement agency that adopts or revises a hate crime policy to consult specified groups.
The bill would require a state or local law enforcement agency with an existing hate crime policy to review the agency’s policy and revise it with a new policy effective on or before January 1, 2020. The bill would prohibit a state or local law enforcement agency with an existing hate crime policy from repealing that policy. By requiring local law enforcement agencies with existing policies to revise and keep their policies, this bill would create a state-mandated local program. The bill would require any state or local agency adopting or revising a hate crime policy to provide a copy to the Department of Justice, and would, if the department is provided with adequate funding, require the department to review each policy, as specified.

Introduced Date: 2/17/2017

Status: In Assembly referred to Appropriations Committee on 5/26/17

AB 1192

Assembly Member Lackey

Firearms: retired peace officers.

Existing law defines “honorably retired” for purposes of certain exceptions to the law involving the carrying of firearms by a retired peace officer. This bill would make a technical, nonsubstantive change to this provision.

Introduced Date: 2/17/2017

Status: In Senate Public Safety Committee, hearing set 6/13/17, hearing canceled at request of author

AB 1199

Assembly Member Nazarian

Peace officer training: dogs.

This bill would require POST to develop and implement training for peace officers regarding encounters with dogs. This bill would also require specified law enforcement officers, including municipal police officers and county sheriff’s deputies, to receive that training. By requiring these officers to perform this training, this bill would create a state-mandated local program.

Introduced Date: 2/17/2017

Status: In Assembly Appropriations Committee, suspense file 5/10/17

AB 1227

Assembly Member Bonta

Human Trafficking Prevention Education and Training Act.

Existing law authorizes a school district to provide sexual abuse and sex trafficking prevention education, as described, and authorizes the periodic conducting of in-service training of school district personnel relating to sexual abuse and sex trafficking. This bill would recast those provisions to instead require a school district to provide abuse, including sexual abuse, and human trafficking prevention education, and require the availability and periodic conducting of continuation training of school district personnel relating to abuse, including sexual abuse, and human trafficking, thereby imposing a state-mandated local program. This bill would amend the term “child abuse or neglect” to include human trafficking, as described. By increasing the scope of a crime, this bill would impose a state-mandated local program.

Introduced Date: 2/17/2017

Status: Enrolled and to the Governor 09/25/17

AB 1244

Assembly Member Voepel

Marijuana: production of concentrated cannabis.

Existing law does not prohibit a person 21 years of age or older from possessing marijuana or marijuana products, including concentrated cannabis. Existing law requires the State Department of Public Health to regulate persons that conduct the production of marijuana products, including the use of volatile chemical solvents for the extraction of concentrated cannabis. This bill would express the intent of the Legislature to enact legislation relating to the production of concentrated cannabis using butane.

Introduced Date: 2/17/2017

Status: Amended in Assembly on 3/28/17; Referred to Privacy and Consumer Protection Committee on 3/30/17

AB 1254

Assembly Member Wood

Production or cultivation of a controlled substance: civil penalties.

Existing law, in certain circumstances, makes a person found to have violated specified provisions of law generally protecting fish and wildlife, water, or other natural resources in connection with the production or cultivation of a controlled substance liable for a civil penalty in addition to any penalties imposed by any other law. Existing law authorizes the Department of Fish and Wildlife to impose these civil penalties administratively in accordance with specified procedures. This bill would make nonsubstantive changes to this provision.

Introduced Date: 2/17/2017

Status: In Senate Appropriations Committee  7/11/17

AB 1276

Assembly Member Limón

United Water Conservation District: park rangers.

This bill would authorize the United Water Conservation District in Ventura County to employ park rangers who would be peace officers if the primary duty of the park ranger is the protection of the properties of the district and the protection of the persons on those properties. The bill would require the district to adhere to certain standards for recruitment and training of peace officers for the purposes of exercising that authority, as specified.

Introduced Date: 2/17/2017

Status: Referred to Assembly Public Safety Committee on 3/16/17; Pulled from hearing agenda at the request of the author 4/4/17

AB 1298

Assembly Member Santiago

Public safety officers: procedural rights.

The Pubic Safety Officers Procedural Bills of Rights requires that certain conditions be met when any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action. Existing law also governs the admissibility of testimony and evidence in these actions. This bill would require, when any public safety officer is under investigation and subject to interrogation by his or her commanding officer, or any other member of the employing public safety department, on the allegation of making a false statement, that any administrative finding of the false statement shall require proof based on clear and convincing evidence, including corroborating evidence. The bill would also prohibit witness testimony regarding a disciplinary hearing against a public safety officer from being received by telephone or any other electronic means.

Introduced Date: 2/17/2017

Status: In Senate Public Safety 6/14/17

AB 1312

Assembly Member Gonzalez Fletcher

Sexual assault victims: rights.

This bill would require a law enforcement authority or district attorney to also notify the victim that he or she has the right to request to be interviewed by a law enforcement official or district attorney of the same gender or opposite gender, unless one is not reasonably available. The bill would prohibit a law enforcement official from discouraging a victim from receiving a medical evidentiary or physical examination. The bill would require the Department of ______ to develop a document, as specified, that explains the rights of sexual assault victims, including, among other information, a clear statement that the victim is not required to participate in the criminal justice system or to receive a medical evidentiary or physical examination in order to retain his or her rights under law. The bill would require a law enforcement official or medical provider to provide this document to the victim upon the initial interaction. The bill would also require a law enforcement official, upon written request by the victim, to furnish a copy of all law enforcement reports related to the sexual assault, as specified. The bill would require a prosecutor, upon written request by the victim, to provide the defendant’s information on a sex offender registry, if any, to the victim.

Introduced Date: 2/17/2017

Status: Enrolled and to the Governor 09/19/17

AB 1339

Assembly Member Cunningham

Public employment: background investigations.

The California Constitution provides for a right to privacy, and existing statutory law provides certain privacy protections for employment records. Existing law provides that a peace officer must be of good moral character, as determined by a thorough background investigation. Existing law requires, an employer to disclose employment information relating to a current or former employee who is an applicant for a peace officer position, and who is not currently employed as a peace officer, upon request of a law enforcement agency, if certain conditions are met. This bill would require that all applicants for employment within a law enforcement agency be of good moral character, as determined by a thorough background investigation. The bill would extend those employer disclosure requirements to information relating to a current or former employee who is an applicant for a position with a law enforcement agency.

Introduced Date: 2/17/2017

Status: Approved by Governor 7/21/17; Chapter 89

AB 1393

Assembly Member Friedman

Reckless driving: speed contests: vehicle impoundment.

This bill would specifically require, with respect to a conviction for reckless driving, when the person convicted is the registered owner of the vehicle, that the vehicle be impounded for 30 days, at the registered owner’s expense. The bill would allow the impoundment period to be reduced by the number of days, if any, that the vehicle was previously impounded, and would authorize the court to decline to impound the vehicle if it would cause undue hardship for the defendant’s family, as specified. The bill would authorize the release of the vehicle to the legal owner before the 30th day of impoundment, if specified conditions are met. This bill would revise the impoundment procedures for speed contests, to include the above provisions relating to reducing the period of impoundment by the number of previously impounded days, declining to impound the vehicle based on undue hardship, and early release of the vehicle to the legal owner. The bill would authorize an officer to issue a notice to correct for violation of a mechanical or safety requirement and require correction to be made within 30 days after the date upon which the vehicle was released from impound. The bill would require the violation to be dismissed upon correction, as specified.

Introduced Date: 2/17/2017

Status: Enrolled and to the Governor 09/26/17

AB 1402

Assembly Member Allen

Prostitution: minors.

Existing law exempts a child under 18 years of age who is alleged to have engaged in prostitution or related offenses from being prosecuted for those offenses. Existing law authorizes a commercially exploited child under those circumstances to be adjudged a dependent child of the court and to be taken into temporary custody if the conditions allowing temporary custody without warrant are met. This bill would instead make the prohibitions on prostitution and related offenses applicable to a person under 18 years of age. By expanding the application of those crimes to those persons, this bill would impose a state-mandated local program. The bill would also make a technical nonsubstantive change to one of those provisions.

Introduced Date: 2/17/2017

Status: Heard in Assembly Public Safety Committee on 4/25/17; failed passage

AB 1408

Assembly Member Calderon

Crimes: supervised release.

Existing law requires the Department of Corrections and Rehabilitation to provide specified information to local law enforcement agencies regarding an inmate released by the department to the agency’s jurisdiction on parole or postrelease community supervision, including a record of the offense for which the inmate was convicted that resulted in parole or postrelease community supervision. This bill would require the department to also provide the local law enforcement agency with copies of the record of supervision during any prior period of parole.

Introduced Date: 2/17/2017

Status: Enrolled and to the Governor 09/21/17

AB 1413

Assembly Member Holden

Special license plates: deaf or hard of hearing persons.

Existing law requires the Department of Motor Vehicles, upon application and without additional fees, to issue a special license plate or plates to a disabled person, disabled veteran, or an organization or agency involved in the transportation of disabled persons or veterans, as specified, in accordance with procedures adopted by the department. This bill would additionally require the department to issue a special license plate or plates to a deaf or hard of hearing person, as specified, and would require the International Symbol of Access for Hearing Loss to be depicted on each deaf or hard of hearing license plate.

Introduced Date: 2/17/2017

Status: Assembly  Appropriations Committee on suspense file 5/26/17

AB 1428

Assembly Member Low

Peace officers: transparency.

Existing law requires a department or agency that employs peace officers or custodial officers to establish a procedure to investigate complaints by members of the public against those officers. Existing law establishes retention requirements and access privileges, as specified, for those complaints and related reports or findings. This bill would state the intent of the Legislature to enact legislation on peace officer transparency.

Introduced Date: 2/17/2017

Status: In Senate Appropriations Committee 7/06/17

AB 1459

Assembly Member Quirk-Silva

Murder: punishment.

This bill would make the murder of a peace officer, as defined, who was killed while engaged in the performance of his or her duties, and if the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, murder of the first degree. The bill would make a person convicted of this type of murder of the first degree subject to punishment by death or life in prison without the possibility of parole if specified facts are charged and found true.

Introduced Date: 2/17/2017

Status: Approved by the Governor 9/01/17; Chapter 214

AB 1471

Assembly Member Allen

Firearms: silencers.

This bill would make the crime of possessing a silencer inapplicable to the sale to, purchase by, or possession by the Department of the California Highway Patrol, the Department of Fish and Wildlife, and the Department of Corrections and Rehabilitation, the possession by peace officers employed by those agencies, or the sale or other transfer in interstate or foreign commerce by registered dealers or manufacturers when the sale or other transfer is in accordance with federal law.

Introduced Date: 2/17/2017

Status: Amended in Assembly  on 5/3/17; Re-referred to Public Safety on 5/4/17

AB 1518

Assembly Member Weber

Criminal justice: information.

This bill would set dates for the various law enforcement agencies to begin collecting the required data and would make law enforcement agencies solely responsible for ensuring that personally identifiable information of the individual stopped or any other information that is exempt from disclosure is not transmitted to the Attorney General in an open text field. The bill would extend the date by which the Attorney General is required to issue regulations for the collection and reporting of data to January 1, 2018. By expanding the duties of local law enforcement, this bill would impose a state-mandated local program.

Introduced Date: 2/17/2017

Status: Enrolled and to the Governor 09/18/17

 

 

AB 1539

Assembly Member Chen

Mental health.

This bill would expand the above definition of “gravely disabled” to also include a condition in which a person, as a result of a mental health disorder or chronic alcoholism, as applicable, is unable to provide for his or her medical care. The bill would make conforming changes.

Introduced Date: 2/17/2017

Status: Amended in Assembly on 4/4/17; Referred to Health Committee on 4/5/17; hearing canceled at request of author 4/25/17

 

AB 1549

Assembly Member Lackey

Theft: precomplaint education program.

This bill would make legislative findings and declarations relating to the reduction of recidivism and to programs that provide educational opportunities to low-risk offenders who engage in shoplifting. The bill would provide that no law precludes a merchant or an independent educational provider from offering a person suspected of theft involving merchandise that is taken from the merchant’s premises an opportunity to complete a precomplaint education program in lieu of making or filing a report of theft with a law enforcement agency, from informing the person of relevant criminal or civil remedies available to the state or the merchant, or from reducing or waiving the program fee based on the person’s ability to pay.

Introduced Date: 2/17/2017

Status: Amended in Assembly on 3/28/17; Re-referred to Public Safety Committee on 3/29/17

AB 1570

Assembly Member Allen

Violent felonies.

This bill would additionally define as violent felonies assault with a deadly weapon or force likely to cause great injury, domestic violence, child abuse, hate crimes, human trafficking involving a minor, and exploding a destructive device, among other crimes, as specified, thereby amending Proposition 36 by adding to the list of violent felonies that can be prosecuted as a 3rd strike. By changing the definition of a crime, this bill would impose a state-mandated local program.

Introduced Date: 2/17/2017

Status: Amended in Assembly on 4/20/17; failed passage 4/25/17

AB 1578

Assembly Member Jones-Sawyer

Marijuana and cannabis programs: cooperation with federal authorities.

This bill would prohibit a state or local agency, as defined, from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement.

Introduced Date: 2/17/2017

Status: In Senate; inactive file

ACR 2

Assembly Member Mayes

Police Officer Jose “Gil” Vega and Police Officer Lesley Zerebny Memorial Highway.

This measure would designate a specified portion of State Highway 111 in the County of Riverside as the Police Officer Jose “Gil” Vega and Police Officer Lesley Zerebny Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 12/6/2016

Status: Chapter 125, 8/30/17

ACR 9

Assembly Member Fletcher

Officer Jonathan M. De Guzman Memorial Bridge.

This measure would designate the Palomar Street Bridge on Interstate 805 at Milepost 5.07, number 57-222, in the City of Chula Vista, California, as the Officer Jonathan M. De Guzman Memorial Bridge. The measure would request the Department of Transportation to determine the cost for appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 1/13/2017

Status: Chapter 126, 8/30/17

ACR 22

Assembly Member Baker

Detective Sergeant Thomas A. Smith, Jr. Memorial Highway.

This measure would designate a specified portion of Interstate 680 in the City of San Ramon in the County of Contra Costa as the Detective Sergeant Thomas A. Smith, Jr. Memorial Highway. The measure would also request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.

Introduced Date: 2/14/2017

Status: Chapter 127, 8/30/17

ACR 29

Assembly Member Dahle

Deputy Sheriff Jack Hopkins Memorial Highway.

This measure would designate a specified portion of State Highway Route 395 in the County of Modoc as the Deputy Sheriff Jack Hopkins Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 2/27/2017

Status: Chapter 130, 8/30/17

ACR 46

Assembly Member Gray

The Modesto Police Officer Leo Volk, Jr., and Modesto Police Sergeant Steve May Memorial Highway.

This measure would designate a specified portion of State Highway Route 132 in the City of Modesto as the Modesto Police Officer Leo Volk, Jr., and Modesto Police Sergeant Steve May Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 3/28/2017

Status: Chapter 136, 8/31/17

 

ACR 49

Assembly Member Frazier

Police Sergeant Scott Lunger Memorial Highway.

This measure would designate a specified portion of State Highway 4 in the County of Contra Costa as the Police Sergeant Scott Lunger Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.

Introduced Date: 3/29/2017

Status: Chapter 133, 8/30/17

 

ACR 76

Assembly Member Calderon

Officer Keith Boyer Memorial Highway.

This measure would designate a specified portion of Interstate 605 in the County of Los Angeles as the Officer Keith Boyer Memorial Highway. The measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Introduced Date: 4/25/2017

Status: Chapter 137, 8/31/17

 

SB 8

Senator Beall

Diversion: mental disorders

This bill would authorize a court, with the consent of the defendant and a waiver of the defendant’s speedy trial right, to postpone prosecution of a misdemeanor or a felony punishable in a county jail, and place the defendant in a pretrial diversion program if the court is satisfied the defendant suffers from a mental disorder, that the defendant’s mental disorder played a significant role in the commission of the charged offense, and that the defendant would benefit from mental health treatment. The bill would allow the defense to arrange, to the satisfaction of the court, for a program of mental health treatment utilizing existing inpatient or outpatient mental health resources. The bill would require the defense to provide reports on the defendant’s progress to the court and the prosecution not less than every 6 months. By increasing the duties of local prosecutors, this bill would impose a state-mandated local program. The bill would require the arrest, upon successful completion of the diversion program, to be deemed never to have occurred, except as provided.

Introduced Date: 12/5/2016

Status: Amended in Senate on 2/21/17; to Appropriations Committee 3/22/17, on suspense file 4/3/17

SB 10

Senator Hertzberg

Bail: pretrial release.

This bill would require the court to release a defendant being held for a misdemeanor offense on his or her own recognizance unless the court makes an additional finding on the record that there is no condition or combination of conditions that would reasonably ensure public safety and the appearance of the defendant if the defendant is released on his or her own recognizance.

Introduced Date: 12/5/2017

Status: Amended in Assembly on 7/05/17;  Re-referred to Appropriations Committee  7/12/17

SB 21

Senator Hill

Law enforcement agencies: surveillance: policies.

This bill would, beginning July 1, 2018, require each law enforcement agency, as defined, to submit to its governing body at a noticed hearing, open to the public, a proposed plan for the use of all surveillance technology and the information collected, as specified. The bill would require that the law enforcement agency submit an amendment to the surveillance plan, pursuant to the same open meeting requirements, for each new type of surveillance technology sought to be used.

Introduced Date: 12/5/2016

Status: Amended in Assembly on 7/3/17; Re-referred to Appropriations Committee  7/13/17

SB 22

Senator Hill

Firearms: law enforcement agencies: agency firearm accounting.

This bill would require a law enforcement agency, as defined, to adopt a written procedure to account for firearms that are owned, acquired, maintained, sold, loaned, lost, stolen, or in any way possessed by that agency or by an employee of that agency if used or carried for purposes of carrying out the official duties of his or her employment, as specified. The bill would require that the acquisition of firearms by an agency employee for use within the course of his or her employment be entered into the AFS, and would require that a record of firearms that are lost, stolen, or otherwise disposed of be entered into the AFS. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.

Introduced Date: 12/5/2016

Status: In Senate Appropriations Committee, held 5/25/17

SB 26

Senator Leyva

Sex offenders: access to schools.

This bill would make it a misdemeanor for a registered sex offender to come into any school building or upon any school grounds under any circumstance by removing the provision allowing for entry by such an offender with lawful business and the written permission from the chief administrative official of the school. By changing the definition of a crime, this bill would impose a state-mandated local program.

Introduced Date: 12/5/2016

Status: In Senate Appropriations Committee, held 5/25/17

SB 29

Senator Lara

Law enforcement: immigration.

This bill would, commencing on January 1, 2019, prohibit a city, county, or city and county, or a local law enforcement agency from entering into, renewing, or extending the length of a contract with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. This bill would require a city, county, or city and county, or a local law enforcement agency that chooses to enter into, renew, or extend a contract to detain immigrants in civil immigration proceedings to detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to specified standards.

Introduced Date: 12/5/2016

Status: Enrolled and to the Governor 09/19/17

SB 40

Senator Roth

Domestic violence.

This bill would recognize state law to separately establish the felony offense of domestic violence where the corporal injury is caused by strangulation or suffocation, as specified.

Introduced Date: 12/5/2016

Status: Enrolled and to the Governor 09/06/17

SB 54

Senator De León

Law enforcement: sharing data.

Existing law provides that when there is reason to believe that a person arrested for a violation of specified controlled substance provisions may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters. This bill would repeal those provisions. This bill would, among other things, prohibit state and local law enforcement agencies and school police and security departments from using resources to investigate, detain, detect, report, or arrest persons for immigration enforcement purposes, or to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, or national or ethnic origin, as specified.

Introduced Date: 12/5/2017

Status: Enrolled and to the Governor 09/22/17

SB 65

Senator Hill

Vehicles: alcohol and marijuana: penalties.

Existing law makes it an infraction to drink any alcoholic beverage while driving a motor vehicle upon any highway or on other specified lands. This bill would instead make driving or operating a vehicle upon any highway or specified lands, or driving or operating a boat, vessel, or aircraft while drinking any alcoholic beverage, punishable as either an infraction or a misdemeanor. The bill would also make driving or operating a vehicle, boat, vessel, or aircraft while smoking or ingesting marijuana or marijuana products an offense punishable as an infraction or a misdemeanor. The bill would authorize a court to order a defendant to attend drug or alcohol education and counseling classes in addition to those penalties.

Introduced Date: 12/29/2016

Status: Approved by the Governor 9/11/17; Chapter 232

SB 75

Senator Bates

Violent felonies.

Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law generally imposes an additional one-year term for a felony and 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively. The Legislature may amend this initiative statute by a statute passed in each house by a 2/3 vote. This bill would additionally define, among other crimes, the offenses of vehicular manslaughter, human trafficking involving a minor, assault with a deadly weapon, solicitation of murder, rape under various specified circumstances, and grand theft of a firearm as violent felonies for purposes of imposing specified sentence enhancements. The bill would also make conforming changes.

Introduced Date: 1/10/2017

Status: Amended in Senate on 3/16/17; Referred to Appropriations Committee 3/23/17; failed passage 4/19/17; reconsideration granted

SB 139

Senator Wilk

Harmful substances: local regulation.

This bill would allow a city, county, or city and county, to regulate, by ordinance, the sale of a substance used as a recreational drug that poses a threat to human life or health and a particular risk to minors if specified conditions are met, including the fact that the substance is sold under a product name or label that is clearly identifiable, there is substantial evidence that the substance has been advertised, purchased, sold, or consumed as a recreational drug, and there is substantial evidence that the substance can cause intoxication, disability, or death if ingested smoked, inhaled, or injected into the body. The bill would allow the city council or board of supervisors to require vendors to maintain records of sale, make inventory available for inspection by a peace officer, and store the substance in a secure place that cannot be accessed by minors. The bill would allow the city, county, or city and county, to prohibit the sale of the substance to minors and require the payment of a penalty for noncompliance with the ordinance, not to exceed $250.

Introduced Date: 1/13/2017

Status: Referred to  Government and Finance Committee on 3/15/17; hearing canceled at request of author 3/30/17

SB 179

Senator Atkins

Gender identity: female, male, or nonbinary.

This bill would delete the requirement that an applicant have undergone any treatment and instead would authorize a person to submit to the State Registrar an application to change gender on the birth certificate and an affidavit attesting, under penalty of perjury, that the request for a change of gender is to conform the person’s legal gender to the person’s gender identity and not for any fraudulent purpose. By requiring the affidavit to be attested to under penalty of perjury, this bill would create a crime, and thus impose a state-mandated local program. This bill would authorize the change of gender on the new birth certificate to be female, male, or nonbinary.

Introduced Date: 1/24/2017

Status: Enrolled and to the Governor 09/20/17

SB 190

Senators Mitchell and Lara

Juveniles.

This bill would make those fees payable only by adult participants of that home detention program who are over 21 years of age and under the jurisdiction of the criminal court.  This bill would instead require the court to order a defendant to pay that reasonable fee only if the defendant is an adult who is over 21 years of age and under the jurisdiction of the criminal court. The bill would also delete the provision requiring the court to charge the minor that reasonable fee.  This bill would delete the $20 maximum on support and maintenance payments and delete the authorization of the county board of supervisors to establish a maximum amount that the court may order the county to pay.


Introduced Date: 1/26/2017

Status: Enrolled and to the Governor 09/11/17

SB 204

Senator Dodd

Domestic violence: protective orders.

This bill would enact the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act, which would authorize the enforcement of a valid Canadian domestic violence protection order in a tribunal of this state under certain conditions. The bill would prescribe the criteria for a determination of the validity of a protection order under these provisions, as specified, and would authorize the registration of such a protection order in the Domestic Violence Restraining Order System. The bill would require a law enforcement officer of this state to enforce a protection order under these provisions upon determining that there is probable cause to believe that a valid protection order exists and has been violated.

Introduced Date: 1/31/2017 

Status: Approved by Governor 7/21/17; Chapter 98

SB 215

Senator Beall

Incarcerated persons: victim advocates.

This would require an inmate in the state prison or a county jail to provide inmates with reasonable access to outside victim advocates for emotional support services related to sexual abuse, domestic violence, and suicide prevention by allowing inmates to call the toll-free hotlines of organizations that provide mental health crisis support. The bill would require that reasonable communication between an inmate and those organizations is confidential and that calls to the toll-free hotlines are free of cost to inmates. By imposing additional duties on county jails, this bill would impose a state-mandated local program.

 

Introduced Date: 1/31/2017 

Status: Amended in Senate on 3/6/17, pulled from hearing agenda at the request of the author 4/4/17

 

SB 237

Senator Hertzberg

Criminal procedure: arrest.

Existing law requires that a person arrested without a warrant be taken before a magistrate without unnecessary delay. Existing law also provides certain circumstances under which a person arrested without a warrant may be released from custody before being taken before a magistrate, including, among others, when the arresting officer believes that insufficient grounds exist to make a criminal complaint against the person arrested or when the person is arrested for intoxication only and no further proceedings are desirable. This bill would authorize an arresting officer to release an arrested person from custody without taking him or her before a magistrate if the person is delivered, subsequent to being arrested, to a specified facility for the purpose of mental health evaluation and treatment and no further criminal proceedings are desirable.

Introduced Date: 2/6/2017 

Status: Assembly Floor Process - Third Reading 6/15/17

SB 239

Senator Wiener

Infectious and communicable diseases: HIV and AIDS: criminal penalties.

Existing law makes it a felony punishable by imprisonment for 3, 5, or 8 years in the state prison to expose another person to the human immunodeficiency virus (HIV) by engaging in unprotected sexual activity when the infected person knows at the time of the unprotected sex that he or she is infected with HIV, has not disclosed his or her HIV-positive status, and acts with the specific intent to infect the other person with HIV. Existing law makes it a felony punishable by imprisonment for 2, 4, or 6 years for any person to donate blood, body organs or other tissue, or, under specified circumstances, semen or breast milk, if the person knows that he or she has acquired immunodeficiency syndrome (AIDS), or that he or she has tested reactive to HIV. Existing law provides that a person who is afflicted with a contagious, infectious, or communicable disease who willfully exposes himself or herself to another person, or any person who willfully exposes another person afflicted with the disease to someone else, is guilty of a misdemeanor. This bill would repeal those provisions. The bill would instead make the intentional transmission of an infectious or communicable disease, as defined, a misdemeanor, if certain circumstances apply, including that the defendant knows he or she is afflicted with the disease, that the defendant acts with the specific intent to transmit the disease to another person, that the defendant engages in conduct that poses a substantial risk of transmission, as defined, and that the defendant transmits the disease to the other person. The bill would impose various requirements upon the court in order to prevent the public disclosure of the identifying characteristics, as defined, of the complainant and the defendant. By creating a new crime, the bill would impose a state-mandated local program.

Introduced Date: 2/6/2017 

Status: Enrolled and to the Governor 09/15/17

SB 244

Senator Lara

Privacy: agencies: personal information.

Existing law requires that each application for an original or a renewal of a driver’s license contain specified information. Under existing law, any document provided by the applicant to the department for purposes of proving his or her identity, true, full name, California residency, or that the applicant’s presence in the United States is authorized under federal law, is not a public record and prohibits the department from disclosing this information except when requested by a law enforcement agency as part of an investigation. This bill would instead prohibit the department from disclosing this information except in response to a warrant issued by a state or federal court in an individual criminal prosecution.

Introduced Date: 2/6/2017

Status: Assembly; inactive file

SB 284

Senator Nguyen

Criminal procedure: misdemeanor citations.

Existing law defines various crimes against property, including burglary, theft, and shoplifting. Existing law requires a peace officer, upon arresting a person for a misdemeanor offense, to issue him or her a notice to appear in court and to release the person, unless the individual demands to be taken before a magistrate. Existing law permits a peace officer to not release a person if, among other reasons, the person is so intoxicated that he or she is a danger to himself or herself or others, there are one or more outstanding arrest warrants for the person, or the person cannot provide satisfactory evidence of personal identification. This bill would also permit a peace officer to not release an individual if he or she was arrested for a misdemeanor violation of various crimes related to burglary, theft, and shoplifting. By increasing the number of persons subject to detention at the county jail, this bill would create a state-mandated local program.

Introduced Date: 2/6/2017

Status: Referred to Public Safety Committee on 2/23/17, failed passage 3/28/17

SB 299

Senator Mendoza

Firearms.

Existing law regulates the transfer of firearms, and provides that some transfers occur by operation of law, and that a person taking title or possession of a firearm by operation of law includes, among other circumstances, the executor or administrator of an estate if the estate includes a firearm. Existing law generally requires the transfer of a firearm to be conducted by a firearms dealer if neither party to the transfer is a dealer. Existing law excepts executors and administrators of estates from that requirement if certain criteria are met. Existing law prohibits a resident of this state from importing, bringing, or transporting into this state, a firearm purchased or otherwise obtained from outside of this state unless the firearm is first delivered to a dealer in this state for delivery to the resident. Existing law excepts executors and administrators of estates from that prohibition if certain criteria are met. Existing law generally requires a person to possess a firearm safety certificate in order to possess a firearm. Existing law excepts executors and administrators of estates from that requirement. This bill would extend the transfer by operation of law provisions and the exceptions described above to a decedent’s personal representative, and to a trustee of a trust created by a will, if the estate or trust includes a firearm.

Introduced Date: 2/13/2017 

Status: Assembly Appropriations Committee suspense file 5/25/17

SB 303

Senator Morrell

 
Crimes: pimping, pandering, and solicitation of prostitution of a minor.
 
This bill would further enhance the penalties for pimping and pandering with a minor by doubling the terms of incarceration prescribed as punishment for these offenses. The bill would provide that for solicitation for prostitution, if the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than 6 months and not more than one year, or by a fine not exceeding $15,000, or both that imprisonment and fine, or as a felony subject to incarceration for 2, 3, or 4 years.By creating a new felony, this bill would impose a state-mandated local program.

Introduced Date: 2/13/2017 

Status: Amended in Senate on 4/17/17; Referred to Public Safety Committee on 4/17/17; hearing canceled at request of author 4/26/17

 

SB 324

Senator Roth

Public officers: custodial officers.

Existing law defines who is a peace officer and specifies the powers of peace officers. Existing law specifies that a custodial officer is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order, as specified. Existing law provides that a custodial officer does not have the right to carry or possess firearms in the performance of his or her prescribed duties. Existing law also describes the powers and duties of custodial officers. This bill would make technical, nonsubstantive changes to the provisions relating to custodial officers.

Introduced Date: 2/13/2017

Status: Approved by Governor 7/17/17; Chapter 73

SB 331

Senator Jackson

Evidentiary privileges: domestic violence counselor-victim privilege.

Existing law relating to legal proceedings generally provides that a person does not have a privilege to refuse to disclose any matter or produce any writing, object, or other thing. However, a victim of domestic violence has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a domestic violence counselor. Existing law requires the domestic violence counselor who received or made a communication subject to this privilege to claim the privilege whenever he or she is present when the communication is sought to be disclosed. Existing law defines “domestic violence counselor” to mean a specified person who is employed at a domestic violence victim service organization. Existing law defines “domestic violence victim service organization” to mean a nongovernmental organization or entity that provides shelter, programs, or services to victims of domestic violence and their children, as specified. This bill would expand the definition “domestic violence victim service organization” to include a public or private institution of higher education, as specified, thereby expanding the scope of the privilege.

Introduced Date: 2/13/2017

Status: Approved by Governor, Chapter 178, 8/7/17

SB 345

Senator Bradford

Public records: disclosure on Internet Web sites.

The California Public Records Act generally requires every state and local agency to make its public records available for inspection by a member of the public, unless the public record is specifically exempted from disclosure. The act further requires every state and local agency to duplicate discloseable public records, either on paper or in an electronic format, if so requested by a member of the public and he or she has paid certain costs of the duplication. The act specifically requires the California Environmental Protection Agency and certain entities within that agency to post its final enforcement orders on its Internet Web sites, if the final enforcement order is a public record that is not exempt from disclosure. This bill would require, on and after July 1, 2018, each state and local law enforcement agency to post on its Internet Web site, in a text searchable format, all of its manuals and policies not exempt from disclosure pursuant to the act.

Introduced Date: 2/14/2017

Status: Enrolled and to the Governor 09/20/17

SB 350

Senator Galgiani

 

Incarcerated persons: health records.

Existing law, the Confidentiality of Medical Information Act, prohibits a health care provider, a contractor, or a health care service plan from disclosing medical information, as defined, regarding a patient of the provider or an enrollee or subscriber of the health care service plan without first obtaining an authorization, except as specified. Existing law authorizes a provider of health care or a health care service plan to disclose medical information when, among other things, the information is disclosed to an insurer, employer, health care service plan, hospital service plan, employee benefit plan, governmental authority, contractor, or other person or entity responsible for paying for health care services rendered to the patient, to the extent necessary to allow responsibility for payment to be determined and payment to be made. This bill would additionally authorize the disclosure of information between a county correctional facility, a county medical facility, a state correctional facility, or a state hospital to ensure the continuity of health care of an inmate being transferred between those facilities.

Introduced Date: 2/14/2017

Status: Senate Appropriations Committee, held 5/25/17

SB 362

Senator Galgiani

Department of Motor Vehicles: records: confidentiality.

Existing law prohibits the disclosure of the home addresses of certain public employees and officials that appear in records of the Department of Motor Vehicles, except to a court, a law enforcement agency, an attorney in a civil or criminal action under certain circumstances, and certain other official entities. This bill would extend that prohibition, subject to those same exceptions, to the disclosure of the home addresses of investigators employed by the Department of Insurance, code enforcement officers, as defined, and parking control officers, as specified.

Introduced Date: 2/14/2017

Status: Senate Appropriations Committee, held 5/25/17

SB 395

Senator Lara

Custodial interrogation: juveniles.

This bill would require that a youth 15 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights. The bill would prohibit a waiver of the consultation. The bill would require the court to consider the effect of the failure to comply with the above-specified requirement in adjudicating the admissibility of statements of a youth 15 years of age or younger made during or after a custodial interrogation. The bill would clarify that these provisions do not apply to the admissibility of statements of a youth 15 years of age or younger if certain criteria are met.

This bill would require the Governor, or his or designee, to convene a panel of at least 7 experts, as specified, no later than January 1, 2023. The bill would require the panel to review, and to examine the effects and outcomes related to, the implementation of the above-described requirements, as specified, and to provide, no later than April 1, 2024, certain information to the Legislature and the Governor.

 

Introduced Date: 2/15/2017

Status: Enrolled and to the Governor 09/22/17

SB 432

Senator Pan

Emergency medical services.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority. The authority is responsible for the coordination and integration of all statewide activities concerning emergency medical services. The act requires all health facilities to notify prehospital emergency care personnel who have provided emergency medical or rescue services and have been exposed to a person afflicted with a disease or condition that they have been exposed and should contact the county health officer under specified conditions. This bill would require that notice to be given immediately.

Introduced Date: 2/15/2017

Status: Enrolled and to the Governor 09/22/17

SB 462

Senator Atkins

Juveniles: case files: access.

This bill would similarly allow records contained in juvenile case files to be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the case file record for the limited purpose of complying with data collection or data reporting. The bill would allow the juvenile court, upon the request of the chief probation officer, to authorize a program evaluator, researcher, or research organization to access information contained in juvenile case files for the purpose of conducting research on juvenile justice populations, as specified.

 

Introduced Date: 2/16/2017

Status: Assembly floor ordered to consent calendar 7/20/17

 

SB 497

Senator Portantino

Firearms.

Existing law, subject to exceptions, prohibits a person from making more than one application to purchase a handgun within any 30-day period. Violation of that prohibition is a crime. Existing law prohibits a firearms dealer from delivering a handgun to a person whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun that does not fall within an exception to the 30-day prohibition. A violation of that delivery prohibition by the dealer is a crime. This bill would make the 30-day prohibition and the dealer delivery prohibition described above applicable to all types of firearms. The bill would also except from that prohibition the purchase of a firearm, other than a handgun, by a person who possesses a valid, unexpired hunting license, and the acquisition of a firearm, other than a handgun, at specified charity fundraising events. The bill would make additional conforming changes and technical, nonsubstantive changes.

Introduced Date: 2/16/2017

Status: Assembly Appropriations Committee suspense file 7/19/17

 

 

SB 586

Senator Vidak

Assault and battery of a federal peace officer.

Existing law makes assault committed against a peace officer, as defined, engaged in the performance of his or her duties when the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. This bill would make assault committed against a federal peace officer engaged in the performance of his or her duties, when the person committing the offense knows or reasonably should know that the victim is a federal peace officer engaged in the performance of his or her duties, punishable by the same penalties described above.

Introduced Date: 2/17/2017

Status: Referred to  Public Safety Committee on 3/2/17; failed passage 4/18/17

SB 587

Senator Atkins

Emergency vehicles: blue warning lights.

This bill would also authorize probation officers to display the blue warning light from their emergency vehicles. The bill would require a probation officer to complete a a 4-hour classroom training course certified by the Standards and Training for Corrections division of the Board of State and Community Corrections before operating an emergency vehicle with a blue warning light.

Introduced Date: 2/17/2017

Status: Senate Floor Process - Unfinished Business 8/31/17

SB 597

Senator Leyva

Human trafficking: victim confidentiality.

Existing law authorizes victims of domestic violence, sexual assault, or stalking to complete an application to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant’s residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Any person who makes a false statement in an application is guilty of a misdemeanor. This bill would make this program available to a victim of human trafficking, as defined.

Introduced Date: 2/17/2017

Status: Assembly Appropriations Committee  6/28/17

SB 599

Senator Portantino

Public Employees’ Retirement System.

Existing law, the Public Employees’ Retirement Law (PERL), establishes the Public Employees’ Retirement System (PERS), which provides a defined benefit to members of the system, based on final compensation, credited service, and age at retirement, subject to certain variations. PERL defines various member categories for the purposes of PERS, including state safety member, which includes members of a state college police department, with specified exceptions, including parking officers. This bill would make nonsubstantive changes to the definition of state safety member, as described above.

Introduced Date: 2/17/2017

Status: Senate Floor Process - Unfinished Business 8/31/17

SB 620

Senator Bradford

Firearms: crimes: enhancements.

Existing law requires that a person who personally uses a firearm in the commission of a felony be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years. Existing law requires that a person who personally uses an assault weapon or a machinegun in the commission of a felony be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years. Existing law requires a person who personally uses a firearm to commit certain specified felonies to be punished by an additional and consecutive term of imprisonment in the state prison for 10 years, or for 20 years if he or she discharged the firearm, or for 25 years to life if he or she discharges the firearm and proximately causes great bodily harm. Existing law prohibits the court from striking an allegation or finding that would make a crime punishable pursuant to these provisions.This bill would delete the prohibition on striking an allegation or finding and, instead, would allow a court, in the interest of justice and at the time of sentencing or resentencing, to strike an enhancement otherwise required to be imposed by the above provisions of law.

Introduced Date: 2/17/2017

Status: Enrolled and to the Governor 09/19/17  

 

SB 630

Senator Skinner

Jails: financing bonds.

This bill would require a county that plans to use certain of these funds for an adult local criminal justice facility proposal that is approved by the Board of State and Community Corrections on or after January 1, 2018, to certify in writing that it is not and will not for a period of 10 years following the completion of facility, lease housing capacity to any private or public entity, except for leases with the state or another county.

 

Introduced Date: 2/17/2017

Status: In Assembly, ordered to inactive file at the request of Assembly Member Calderon 6/15/17

 

SB 644

Senator Stone

Vessels: forfeiture.

This bill would authorize a peace officer to remove and seize a vessel upon arresting a person for operating the vessel while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug, if his or her operation of the vessel resulted in the unlawful killing of a person. The bill would prohibit impounding the vessel for more than 30 days, require the registered and legal owner of the vessel be provided the opportunity for a storage hearing, as specified, and require the impounding agency to release the vessel to the registered owner before the conclusion of the impoundment period under certain circumstances. The bill would make the registered owner or his or her agent responsible for all towing and storage charges related to the impoundment, except as specified, and would make the impounding agency responsible for the actual costs incurred by the towing agency if the registered owner is absolved of liability for those charges, as specified.

Introduced Date: 2/17/2017

Status: Vetoed by the Governor 7/24/17

SB 655

Senator Galgiani

Public safety officers.

The Public Safety Officers Procedural Bill of Rights Act excludes coroners and deputy coroners from the application of the act. This bill would include coroners and deputy coroners within the application of the act, thereby creating a state-mandated local program by imposing new duties on local agencies to follow the requirements of the act with respect to these officials.

Introduced Date: 2/17/2017

Status: Senate Appropriations Committee, held 5/25/17

SB 676

Senator Stone

Parole: eligibility: violent felonies.

This bill would make violent felonies, as specified, serious felonies, as specified, a felony requiring registration as a sex offender, a felony involving domestic violence, a felony involving stalking, and felony human trafficking, violent felonies for purposes of considering parole eligibility.

 

Introduced Date: 2/17/2017

Status: Amended 3/28/17; Public Safety Committee 4/25/17; failed passage

SB 684

Senator Bates

Incompetence to stand trial: conservatorship: treatment.

This bill would also allow the initiation of conservatorship proceedings on the basis that person is gravely disabled due to a condition in which the person, as a result of a mental health disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter. This bill would allow, if the action is on a complaint charging a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person, the prosecuting attorney, at any time before or after a defendant is determined incompetent to stand trial, to request a determination of probable cause to believe the defendant committed the offense or offenses alleged in the complaint, solely for the purpose of establishing that the defendant is gravely disabled, and would grant the defendant a new determination of probable cause after restoration of competency. The bill would allow for the initiation of a conservatorship upon a criminal complaint if there has been a finding of probable cause on the complaint.

Introduced Date: 2/17/2017

Status:

Approved by the Governor 9/11/17; Chapter 684

 

 

SB 698

Senator Hill

Driving under the influence: alcohol and marijuana.

This bill would make it a crime for a person who has between 0.04% and 0.07%, by weight, of alcohol in his or her blood and whose blood contains any controlled substance or 5 ng/ml or more of delta-9-tetrahydrocannabinol to drive a vehicle. The bill would make a first violation punishable as an infraction and would require the court to order the person to participate in and successfully complete a 3-month driving-under-the-influence program, as specified, and to install an ignition interlock device (IID) for 6 months, except as provided. The bill would require the Department of Motor Vehicles to immediately suspend the person’s driver’s license upon receipt of a conviction for that crime, and would authorize the department to issue a restricted license to a person who, among other requirements, shows proof of enrollment in a 3-month driving-under-the-influence program, and verification that an IID has been installed in each vehicle that the person operates. The bill would make the willful failure to install in ignition interlock device as required a misdemeanor with specified penalties.

Introduced Date: 2/17/2017

Status: Senate Appropriations Committee, held 5/25/17

SB 699

Senator Galgiani

Vehicles: removal and impoundment.

This bill would also authorize a magistrate to issue a warrant or court order authorizing a peace officer to immediately seize and cause the removal of a vehicle when the magistrate is presented with the affidavit of a peace officer establishing reasonable cause to believe that the vehicle was used in a motor vehicle speed contest, reckless driving on a highway, reckless driving in an offstreet parking facility, or an exhibition of speed on a highway, based on evidence witnessed by, delivered to, or developed by the peace officer within 120 days of the violation. The bill would prohibit the magistrate from issuing a warrant or order authorizing the impound if he or she determines that the vehicle to be impounded is necessary for a person to get to work, school, or medical appointments and impounding the vehicle would cause a hardship on the owner or the owner’s family.

Introduced Date: 2/17/2017

Status: In Assembly, referred to Transportation Committee on 6/15/17

SB 712

Senator Anderson

Vehicles: license plate covers.

Existing law generally prohibits the use of a covering on vehicle license plates, except as specified. Existing law excepts from this prohibition the installation of a cover over a lawfully parked vehicle to protect it from the weather and the elements, and authorizes a peace officer or other regularly salaried employee of a public agency designated to enforce laws, including local ordinances, relating to the parking of vehicles to temporarily remove so much of the cover as is necessary to inspect any license plate, tab, or indicia of registration on a vehicle. Existing law generally makes a violation of the Vehicle Code an infraction. This bill would make a similar exception from the above prohibition for the installation of a cover over the license plate of a lawfully parked vehicle.

Introduced Date: 2/17/2017

Status: Referred to Transportation and Housing Committee; hearing 6/6/17; reconsideration granted

SB 718

Senator Anderson

Terrorism: civil action.

This bill would subject property used in the course of, intended for use in the course of, derived from, or realized through an act of terrorism, by a person or entity who committed, who aided a person or entity to commit, or who coerced, induced, or solicited a person or entity to commit an act of terrorism to civil forfeiture. The bill would specify the circumstances under which property subject to civil forfeiture may be seized by a law enforcement officer. The bill would authorize a person who is injured by an act of terrorism, and a law enforcement agency or other governmental agency that participated in the investigation, mitigation, seizure, or forfeiture process for an act of terrorism, to file a claim to recover damages and costs, and prioritize allocation of the proceeds of the civil forfeiture and disposition, as specified.

Introduced Date: 2/17/2017

Status: Referred to Judiciary Committee on 3/9/17; hearing 4/25/17; failed passage reconsideration granted

SB 725

Senator Jackson

Veterans: pretrial diversion: driving privileges.

Existing law makes it unlawful for a person who is under the influence of any alcoholic beverage or drug to drive a vehicle, or to drive a vehicle and concurrently do any act forbidden by law which causes bodily injury to any person other than the driver. In any case in which a person is charged with a violation of these provisions, existing law prohibits a court from suspending or staying the proceedings prior to acquittal or conviction or from dismissing the proceedings because the accused person attends or participates in a treatment program. This bill would, notwithstanding any other law, including the above-described provision, specify that a misdemeanor offense for which a defendant may be placed in a pretrial diversion program in accordance with the above-described program includes a misdemeanor violation of driving under the influence or driving under the influence and causing bodily injury. The bill would not limit the authority of the Department of Motor Vehicles to take administrative action concerning the driving privileges of a person arrested for a violation of those provisions.

Introduced Date: 2/17/2017

Status: Approved by Governor, Chapter 179, 8/7/17

SB 770

Senator Glazer

Violent felonies.

Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law generally imposes an additional one-year term for a felony and 3-year term for a violent felony for each prior separate prison term served for a felony or a violent felony, respectively. The Legislature may amend these initiative statutes by a statute passed in each house by a 2/3 vote.

This bill would amend the above initiative statutes by defining additional crimes, including, among others, human trafficking, elder and dependent adult abuse, assault with a deadly weapon, rape under specified circumstances, discharge of a firearm at an occupied building, and specified crimes against peace officers and witnesses, as violent felonies for purposes of the above specified sentence enhancements. The bill would also make conforming changes.

Introduced Date: 2/17/2017

Status: Referred to Public Safety Committee on 3/9/17; Hearing 4/19/17; testimony taken

SB 784

Senator Galgiani

Crimes: disorderly conduct: invasion of privacy.

Existing law provides that a person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy, is guilty of disorderly conduct, a misdemeanor. This bill would additionally make it a crime to intentionally distribute or disseminate, or to make available or viewable, any image obtained pursuant to the provisions described above, including through publication, posting through electronic media, or by any other means.

Introduced Date: 2/17/2017

Status: Enrolled and to the Governor 09/22/17 

SB 811

Committee on Public Safety

Public safety: omnibus.

Existing law provides that, in a criminal action, expert testimony is admissible by either the prosecution or the defense regarding the effects of human trafficking on human trafficking victims. Existing law defines the term “human trafficking” pursuant to a specified provision of the Penal Code. This bill would clarify that the term “human trafficking victim” is defined as a victim of an offense as described in that provision of the Penal Code. Existing law, the End of Life Option Act, authorizes an adult who meets certain qualifications, and who has been determined by his or her attending physician to be suffering from a terminal disease, as defined, to make a request for a drug prescribed pursuant to these provisions for the purpose of ending his or her life. Existing law makes a violation of certain provisions of the act a felony, as specified, and provides that the application of those penalties does not preclude the application of any other criminal penalties under any other law for conduct inconsistent with the provisions of that section. This bill would clarify that the application of those penalties does not preclude the application of any other criminal penalties for conduct inconsistent with the act. Existing law provides that it is a crime, punishable by a fine or imprisonment in county jail, as specified, for any person to possess specified controlled substances, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state. Existing law creates an exemption from the prohibitions for possession of those controlled substances by a person other than the prescription holder if the possession of the controlled substance is at the direction or with the express authorization of the prescription holder, as specified. Existing law, as amended by the Safe Neighborhoods and Schools Act (Proposition 47), an initiative measure approved by the voters at the November 4, 2014, statewide general election, generally makes the possession of those controlled substances a misdemeanor, as specified. Existing law codifies these provisions in separate but identically numbered sections. This bill would reorganize these provisions by incorporating all of these nonconflicting provisions into the section as amended by Proposition 47 and would repeal the other section as obsolete.

Introduced Date: 3/15/2017

Status: Approved by the Governor 9/23/17; Chapter 269

SCR 45

Senator Galgiani

California Peace Officers’ Memorial Day.

This measure would designate Monday, May 8, 2017, as California Peace Officers’ Memorial Day, urge all Californians to use that day to honor California peace officers, and recognize specified California peace officers who were killed in defense of their communities.

Introduced Date: 4/25/2017

Status: Chaptered 5/15/17

 

SCR 48

Senator Skinner

Criminal sentencing.

This measure would recognize the need for statutory changes to more equitably sentence offenders in accordance with their involvement in the crime.

Introduced Date: 4/27/2017

Status: Chaptered (175) 9/22/17

 

SJR 5

Senator Stone

Federal rescheduling of marijuana from a Schedule I drug.

This measure would request that the Congress of the United States pass a law to reschedule marijuana or cannabis and its derivatives from a Schedule I drug to an alternative schedule and that the President of the United States sign such legislation.

Introduced Date: 2/21/2017

Status: Chaptered (187) 9/22/17

SR 22

Senator De León

Relative to immigration enforcement.

Introduced Date: 3/6/2017

Status: Enrolled 3/7/2017

SR 40

Senator Morrell

Relative to First Responder Day.

Introduced Date: 5/9/2017

Status: Enrolled 7/20/17

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