Existing federal law requires a commercially produced firearm to be etched or otherwise inscribed by the manufacturer with a unique serial number. Existing state law prohibits the alteration, removal, or obliteration of that serial number. A violation of this prohibition is punishable as a felony. Existing law also prohibits the transfer or possession of a firearm with a serial number that has been altered, removed, or obliterated. A violation of this prohibition is punishable as a misdemeanor. Existing law requires a person, other than a licensed manufacturer, who assembles or manufactures a firearm, or any person who possesses an unserialized firearm, to obtain a unique serial number from the Department of Justice and to inscribe that serial number on the firearm, as specified. A violation of this requirement is punishable as a misdemeanor. This bill would make the possession of an unserialized firearm or possession of a firearm with an altered, removed, or obliterated serial number punishable as a felony. By increasing the punishment for these crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits the removal from a vehicle of any part without the consent of the owner. Existing law requires a core recycler who accepts a catalytic converter for recycling to maintain a written record that contains the name and driver's license number of the seller of the catalytic converter and a statement indicating either that the seller is the owner of the catalytic converter or the name of the person from whom they obtained the catalytic converter, among other requirements. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The act also requires the receipt of stolen property that does not exceed $950 to be punished as a misdemeanor. This bill would make the unauthorized possession of more than 4 detached catalytic converters a crime, punishable as a misdemeanor or a felony. The bill would make this crime inapplicable to authorized possession of a detached catalytic converter by providing a certificate of title or registration showing the person's interest in the vehicle from which the catalytic converter was detached, written authorization from the person holding the certificate of title or registration, or evidence that the catalytic converter was acquired in a lawful transaction, as provided. The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.
Existing law authorizes a court in a criminal proceeding, upon written notice by the prosecutor made at least 3 days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled or during the course of the proceeding on the court's own motion, to order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes specified findings. This bill would apply this provision to criminal proceedings in which the defendant is representing themselves pro per and expand it to include any victim witness. The bill would authorize a court to order that the testimony of a victim be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, pro per defendant, and attorneys, and be communicated to the courtroom by remote technology, if the court makes specified findings. The bill would require the prosecution to give the pro per defendant at least 30 days' written notice of the prosecution's intent to seek to conduct remote proceedings, unless they show good cause to the court.
The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor. Existing law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years. This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or sexual prior offenses applicable to a person whose prior or current conviction is for shoplifting. This bill would call a special election to be consolidated with the November 8, 2022, statewide general election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute to the electors for their approval at the November 8, 2022, consolidated election. This bill would declare that it is to take effect immediately as an act calling an election.
Existing law classifies controlled substances into 5 schedules and places the greatest restrictions on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law treats an analog of a controlled substance the same as the controlled substance of which it is an analog. This bill would reclassify illicit fentanyl analogs that are not approved by the United States Food and Drug Administration as Schedule I controlled substances. The bill would additionally make conforming changes. Existing law makes possession of specified controlled substances, including fentanyl, punishable by imprisonment in a county jail not to exceed one year, except as specified. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. This bill would make possession for sale, or purchases for purposes of sale, of 2 or more grams of fentanyl punishable by imprisonment in a county jail for a period of 4, 5, or 6 years. The bill would make the sale of fentanyl on a social media platform in California punishable by imprisonment in a county jail for a period of 3, 6, or 9 years. Existing law makes it a crime to solicit or encourage a minor to violate specified crimes relating to controlled substances, to hire or employ a minor to transport or sell controlled substances, or to sell or give controlled substances to minors. Existing law makes a person who is 18 years of age or older who violates these provisions with respect to heroin, cocaine, or cocaine base on the grounds of specified buildings, including, among others, playgrounds and childcare facilities, punishable with an additional enhancement in the state prison of one year, and makes a violation of those provisions on the grounds of, or within 1,000 feet of, a school punishable with an additional enhancement in the state prison of 2 years, as specified. This bill would make that enhancement also apply to a violation of those provisions with respect to fentanyl. By expanding the scope of crimes and creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits state and local law enforcement agencies, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified, and subject to exceptions, proscribe other activities or conduct in connection with immigration enforcement by law enforcement agencies. Existing law prohibits a law enforcement official from cooperating with immigration authorities where individuals were arrested, detained, or convicted of misdemeanors that were previously felonies or were previously crimes punishable as either misdemeanors or felonies, as specified. Existing law prohibits the Department of Corrections and Rehabilitation from taking into account an individual's citizenship or immigration status in regards to access to educational or rehabilitative programming or credit-earning opportunities or to determining an individual's custodial classification level. This bill would remove these restrictions on state and local law enforcement agencies. Existing law requires the Department of Corrections and Rehabilitation to provide an individual in department custody with specified information in advance of the individual's interview with the United States Immigration and Customs Enforcement regarding civil immigration violations. Existing law requires the Attorney General, in consultation with appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement, as specified, and to publish guidance, audit criteria, and training recommendations aimed at ensuring that state and local law enforcement databases are governed that limits the availability of information to anyone for the purpose of immigration enforcement. This bill would eliminate these requirements from the Department of Corrections and Rehabilitation and the Attorney General. Existing law authorizes a law enforcement official to use discretion when cooperating with immigration authorities as permitted by law. Existing law authorizes law enforcement officials to provide information regarding an individual's release date and to transfer an individual to immigration authorities under specified circumstances, including when the individual has been convicted within the last 15 years of a felony, as specified. Existing law authorizes a law enforcement official to use discretion when cooperating with immigration officials when an individual has been arrested and charged with a felony, as specified, and a magistrate makes a finding of probable cause as to that charge, as specified. This bill would require a law enforcement official to cooperate with federal immigration officials and detain an individual, after the individual becomes eligible for release, on the basis of an immigration hold for specified reasons, including when the individual has been convicted at any time of a felony, as specified, or the individual has been arrested and charged with a felony, as specified, and a magistrate makes a finding of probable cause as to the charge. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits certain acts related to the exchange of money or other consideration for sex. Existing law authorizes a county to impose a fee for the administrative costs of booking or otherwise processing an arrested person upon the arresting agency. Prior law required a person convicted of a crime to be ordered to reimburse the arresting agency for these booking costs. Existing law makes a person who is driving under the influence and whose intoxicated driving proximately causes an incident liable for the cost of the emergency response to that incident, as specified. This bill would make a person lawfully arrested for an offense as a sex purchaser, as defined, liable to the arresting agency for booking costs, as specified. The bill would authorize the arrest agency to collect booking costs, as specified, and would require the arresting agency to offer an administrative hearing to the arrested person.
Existing law establishes procedures regarding the revocation, modification, and termination of parole supervision. Existing law allows a probation officer, parole officer, or peace officer to arrest a person without warrant or other process during the period that a person is subject to revocation of parole supervision, if the officer has probable cause to believe that the supervised person is violating the terms of their supervision. Existing law authorizes a parolee to be housed in a county jail for a maximum of 180 days per revocation. This bill would require a parole officer or peace officer to arrest a person who is a "high-risk parolee" that the officer has probable cause to believe has violated a term or condition of their supervision. The bill would define a high-risk parolee to include a person subject to registration as a sex offender and convicted of a violent or serious felony, as described. The bill would make it a misdemeanor for high-risk parolees to knowingly fail to report to parole as required. By creating a new crime, this bill would impose a state-mandated local program. Existing law authorizes the Board of Parole Hearings, the court, or the supervising parole authority to require, as a condition of release on parole or reinstatement on parole, or as an intermediate sanction in lieu of return to custody, that an inmate or parolee agree in writing to the use of electronic monitoring or supervising devices for the purpose of helping to verify their compliance with all other conditions of parole, as specified. This bill would instead require a high-risk parolee who does not give a residence address, is homeless, or becomes homeless to agree to the use of electronic monitoring or supervising devices. The bill would require the removal of the device if the parolee subsequently obtains a residence that is confirmed by the supervising parole authority. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would impose that additional term upon, and authorize a fine against, a defendant who violates those laws with respect to a substance containing fentanyl. By increasing the penalty for a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law requires an application for a permit to appropriate water to include, among other things, sufficient information to demonstrate a reasonable likelihood that unappropriated water is available for the proposed appropriation. Existing law requires the board to issue and deliver a notice of an application as soon as practicable after the receipt of an application for a permit to appropriate water that conforms to the law. Existing law allows interested persons to file a written protest with regard to an application to appropriate water and requires the protestant to set forth the objections to the application. Existing law declares that no hearing is necessary to issue a permit in connection with an unprotested application, or if the undisputed facts support the issuance of the permit and there is no disputed issue of material fact, unless the board elects to hold a hearing. This bill, if the board has not rendered a final determination on an application for a permit to appropriate water for a beneficial use or uses that include mining use within 30 years from the date the application was filed, would require the board to issue a new notice and provide an opportunity for protests before rendering a final determination, with specified exceptions.
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, without limitation, the theft of a firearm or vehicle, identity theft, and credit card fraud. Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor. This bill would similarly exclude certain offenses from this provision, including, without limitation, the theft of a vehicle, identity theft, and credit card fraud. Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value. This bill would create the offense of serial theft for the theft of property valued over $500 where the offender has two or more prior convictions for specified offenses including burglary, robbery, shoplifting, and petty or grand theft. Serial theft could be charged in addition to the predicate offense and would be punishable as either a misdemeanor or felony. This bill would provide that its provisions would become effective only upon approval of the voters, and would provide for the submission of its provisions to the voters for approval at the next statewide general election.
Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops conducted by the agency's peace officers, and requires that data to include specified information, including the time, date, and location of the stop, and the reason for the stop. Existing law defines a "stop" for that purpose as any detention by a peace officer of a person, or any peace officer interaction with a person in which the peace officer conducts a search, including a consensual search, of the person's body or property in the person's possession or control. For purposes of those reporting requirements, this bill would clarify that a "stop" does not include circumstances upon which a peace officer is dispatched to a call for service or a medical emergency.
