Under existing law, it is unlawful to drive a motor vehicle while under the influence (DUI) of alcohol or 0.08% or more, by weight, of alcohol in one's blood. A first violation of this prohibition is punishable as a misdemeanor. Under existing law, if a person is convicted of a DUI violation and the offense occurs within 10 years of one or 2 separate DUI violations that resulted in specified convictions, the offense is also punishable as a misdemeanor, as specified, with escalating fines, suspensions, and other sanctions. Under existing law, if a person is convicted of a DUI violation and the offense occurs within 10 years of 3 or more separate DUI violations that resulted in specified convictions, the offense is punishable either as a misdemeanor or as a felony. This bill would make a conviction of a DUI violation with the offense occurring within 10 years of one or 2 separate DUI violations that resulted in specified convictions also punishable either as a misdemeanor or as a felony. By increasing the punishment for a crime, the bill imposes 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, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney or other prosecuting officer to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. This bill would add the crime of conspiracy to commit murder whereby the conspiracy involves premeditated planning of an attack that is intended to cause multiple deaths or target a school, place of worship, or other public location to the list of offenses for which a juvenile may be transferred to a court of criminal jurisdiction pursuant to the above-described provisions.
Existing law requires each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel. This bill, the Domestic Violence Offender Registration Act, would require the department, upon an appropriation by the Legislature, to create a database for the purpose of storing and sharing information with local agencies and the court, regarding persons convicted of a registrable offense, as defined. The bill would also require the department to publish that information on its internet website, as specified. The bill would require the offender, as defined, to register, for up to 20 years, certain information including their place of birth and current address with the law enforcement agency having jurisdiction over their residence, as specified. The bill would create a petition process for an offender to seek removal from the registry before having completed the applicable term if they demonstrate rehabilitation and no new qualifying offenses, or they demonstrate exoneration, as specified. The bill would require the court to notify the department of certain petition-related events, including when a petition for termination from the registry is granted, denied, or summarily denied. The bill would require local agencies and the court to create a database for the purpose of storing information received from offenders pursuant to these provisions. The bill would create both civil and criminal penalties for the misuse of information disclosed pursuant to these provisions, including, if a person uses that information to commit a felony, a 5-year prison sentence in addition to and consecutive to any other punishment. The bill would also make an offender's failure to comply with registration requirements a misdemeanor, punishable by imprisonment in the county jail for up to one year. By increasing the duties on local agencies and creating new crimes, the bill would impose a state-mandated local program. The bill would declare its provisions to be severable. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law, the Eminent Domain Law, authorizes a public entity to exercise the power of eminent domain to acquire property for a public use if the use for which the property is sought to be taken is a more necessary public use than the use to which the property is appropriated, as specified. Existing law specifies that if property has been appropriated to public use by any person other than a public entity, the use of the property by a public entity for the same or any other public use is a more necessary use than the current use. Existing law also specifies that if property that has been appropriated to a public use is electrical, gas, or water public utility property, as defined, that the public entity intends to put to the same use, the presumption of a more necessary use is a rebuttable presumption affecting the burden of proof, except as specified. This bill would exempt from that rebuttable presumption property that has been appropriated to a public use that is electrical or gas public utility property within the Pacific Gas and Electric Company service area. (2) Existing law authorizes a public entity to exercise the power of eminent domain only if it has adopted a resolution of necessity, as specified. Under existing law, a resolution of necessity adopted by the governing body of a public entity conclusively establishes that, among other matters, the public interest and necessity require the project. Existing law specifies that, if a taking is by a local public entity and the property is electrical, gas, or water public utility property, the resolution of necessity creates a rebuttable presumption that those matters are true. This bill would provide that, if a taking is by a local public entity within the Pacific Gas and Electric Company service area and the property is electrical or gas public utility property, the resolution of necessity instead conclusively establishes those matters. (3) Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law prohibits public utilities, other than certain common carriers, from selling, leasing, assigning, mortgaging, or otherwise disposing of, or encumbering, its assets that are necessary or useful in the performance of its duties to the public, unless the public utility has secured an order or approval from the commission to do so, as provided. Existing law requires, for any voluntary or involuntary change in ownership of assets from an electrical corporation or gas corporation to ownership by a public entity, the commission to determine, as part of its review under these provisions, whether the transaction is fair and reasonable to affected public utility employees. This bill would instead require the commission, in its review of a voluntary or involuntary change in ownership of assets from an electrical or gas corporation to a public entity, to limit its review to determining whether the transaction is fair and reasonable to affected public utility employees. The bill would require the review to occur after a change in ownership agreement is made for a voluntary change in ownership, or after the completion of the condemnation proceeding for an involuntary change in ownership. (4) Existing law provides procedures for the acquisition under eminent domain proceedings, or otherwise, of lands, property, and rights of a public utility by a political subdivision, and requires the commission to fix the just compensation to be paid by the political subdivision for the lands, property, and rights, as provided. This bill would require the owner of a public utility, within 90 days of a political subdivision submitting an amount for just compensation or a plan for the separation of the public utility's assets, to also submit an amount for just compensation or provide a response to the separation plan, as provided. The bill would authorize the commission, if it finds that the total just compensation should include costs for the physical separation of the public utility's assets, to establish a process for the reimbursement of those costs and to determine the reasonableness of those expenses. The bill would require the commission to make and file its findings regarding just compensation with respect to the public utility within 18 months of the date the petition is filed. This bill would prohibit a public utility from recovering from ratepayers any litigation costs associated with a political subdivision's efforts to acquire utility property, as provided. (5) This bill would make legislative findings and declarations as to the necessity of a special statute for public entities within the Pacific Gas and Electric Company service area. (6) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain provisions of this bill would be a part of the act and a violation of a commission action implementing the bill's requirements would be 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.
Existing law allows a person sentenced to life imprisonment without the possibility of parole who was under 18 years of age at the time of the offense to petition the court for recall of their sentence and resentencing, as specified. Existing law prohibits a person from seeking recall and resentencing pursuant to these provisions if it is pleaded and proved that the person committed certain offenses and the victim was a public safety official, including any law enforcement personnel. This bill would additionally prohibit a person from seeking recall and resentencing pursuant to these provisions for an offense that meets the definition of a school shooting, as defined.
Existing law requires that, as a condition of parole, a prisoner who has a severe mental health disorder be treated by the State Department of State Hospitals if the prisoner meets certain requirements, including, among others, that the severe mental health disorder was one of the causes of, or was an aggravating factor in, the commission of a specified crime for which the prisoner was sentenced to prison, and that prior to release on parole, the prisoner has been evaluated, as specified, and the chief psychiatrist of the Department of Corrections and Rehabilitation has certified that the prisoner has a severe mental health disorder, that the disorder is not in remission or cannot be kept in remission without treatment, that the severe mental health disorder was one of the causes or was an aggravating factor in the prisoner's criminal behavior, that the prisoner has been in treatment for the severe mental health disorder for 90 days or more within the year prior to the prisoner's parole release day, and that by reason of the prisoner's severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. This bill would instead require the chief psychiatrist of the Department of Corrections and Rehabilitation to certify that the prisoner meets three of the following criteria: a severe mental health disorder, the disorder is not in remission or cannot be kept in remission without treatment, the severe mental health disorder was one of the causes or was an aggravating factor in the prisoner's criminal behavior, the prisoner has been in treatment for the severe mental health disorder for 90 days or more within the year prior to the prisoner's parole release day, and by reason of the prisoner's severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. The bill would include sexual harassment and battery under physical harm.
Existing law establishes the Department of Justice under the direction and control of the Attorney General. 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 that agency's peace officers for the preceding calendar year, in accordance with a specified procedure. This bill would require, on or before June 1, 2027, the office of the Attorney General, in partnership with biking nonprofit groups, to compile a list of electric two-wheeled devices that do not comply with the definition of any single class of electric bicycles and that are labeled, advertised, or commonly perceived by riders or peace officers as electric bicycles or electric bicycle products. The bill would require the Attorney General to make the list available on its internet website and to update the list and internet website, when necessary.
Existing law, known as the Cartwright Act, defines a "trust" as a combination of capital, skill, or acts by 2 or more persons for certain prohibited purposes, including, among others, creating or carrying out restrictions in trade or commerce, preventing competition in specified activities, including sale or purchase of merchandise or commodities, or entering into certain exclusive dealing agreements that substantially lessen competition or tend to create a monopoly. Existing law authorizes the Attorney General, a district attorney, a specified city attorney, or a person who is injured in their business or property to bring an action for civil or criminal penalties for a violation of those provisions. This bill would prohibit a covered provider, as defined, from preferencing its own products, services, or lines of business over those of another business user, including manipulating the order of search results or rankings to favor the products or services of the covered provider. The bill would prohibit a covered provider from restricting interoperability or data portability, as specified, including restricting a business user or consumer from obtaining a copy of their data in a useful and portable format. This bill would declare that its remedies and penalties are cumulative and enforceable in addition to other specified remedies, and would provide an affirmative defense for certain conduct. The bill would exempt from these provisions displays of objective content, including mathematical calculations and standard unit conversions, under certain conditions. The bill would specify that its provisions are enforceable by the same means, penalties, damages, and fees as under the Cartwright Act, thereby expanding the scope of existing crimes. The bill would declare its provisions severable. 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 a person from operating a commercial motor vehicle unless that person has in their immediate possession a valid commercial driver's license of the appropriate class. Existing law requires a person to pass a knowledge test and driving test for the operation of a commercial motor vehicle that complies with minimum federal standards, as specified, before being issued a commercial driver's license. This bill would require the Department of Motor Vehicles, before issuing or renewing a commercial driver's license, to verify the applicant's lawful presence in the United States, as specified. The bill would require the department to revoke any commercial driver's license issued to a person subsequently determined to be unlawfully present in the United States, as specified.
(1) Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil unless, before the person's admission to that institution, the person has been fully immunized against various diseases, including any disease deemed appropriate by the State Department of Public Health. Existing law provides for medical exemptions from immunization requirements. Existing law requires the department to develop and make available for use by licensed physicians and surgeons an electronic, standardized, statewide medical exemption certification form to be transmitted directly to the department's California Immunization Registry (CAIR) and submitted directly to the school or institution at which the child will attend, submitted directly to the governing authority of the school or institution, or submitted to that governing authority through the CAIR where applicable. Existing law requires the form to be the only documentation of a medical exemption that the governing authority may accept. Existing law requires the department to identify medical exemption forms that do not meet specified criteria for appropriate medical exemptions. Existing law requires inappropriate or otherwise invalid exemptions to be reviewed by the State Public Health Officer or a physician and surgeon, and authorizes the revocation of the medical exemption. Existing law requires the department to notify the Medical Board of California or the Osteopathic Medical Board of California, as appropriate, of any physician and surgeon who has 5 or more medical exemption forms in a calendar year that are revoked. Existing law authorizes the appeal of a revoked medical exemption by a parent or guardian, as specified. This bill would repeal these provisions. Existing law, prior to January 1, 2021, exempts a child from immunization requirements if the parent or guardian files with the governing authority a written statement by a licensed physician and surgeon to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances for which the physician and surgeon does not recommend immunization. This bill would exempt a child from immunization requirements if the parent or guardian files with the governing authority a written statement, as described above. The bill would prohibit the department, a local health department, or a third-party review panel from revoking, invalidating, or conditioning a medical exemption duly issued by a licensed physician and surgeon, except by final order of a court upon clear and convincing evidence of fraud. The bill would prohibit the department and local health departments from auditing, disciplining, or referring a physician and surgeon to the Medical Board of California or Osteopathic Medical Board of California based solely on the number of medical exemptions issued. (2) Existing law establishes the Medical Board of California and the Osteopathic Medical Board of California for the licensure and regulation of physicians and surgeons and osteopathic physicians and surgeons. Existing law authorizes the boards to, among other things, investigate and discipline licensees for misconduct. This bill would prohibit a physician and surgeon from being investigated, disciplined, or otherwise acted against by any state department or board based on their issuance of medical exemptions unless the medical exemption is found to be fraudulent or otherwise invalid. The bill would prohibit a medical exemption from being considered in any investigation or action against a physician and surgeon that is otherwise unrelated to medical exemptions. (3) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. This bill would prohibit a health care service plan or health insurer from denying coverage, imposing higher premiums, canceling a policy, or otherwise penalizing an enrollee or insured because a covered minor holds a medical exemption. Because a violation of this requirement by a health care service plan would be a crime, this bill would impose a state-mandated local program. (4) Existing law provides for the licensure and regulation of health facilities, as defined, by the State Department of Public Health. Existing law makes a violation of those provisions a misdemeanor. This bill would prohibit a health facility from denying medically necessary care on the basis of a medical exemption. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. (5) The bill would require the State Department of Public Health to repeal or amend any regulation inconsistent with this bill on or before July 1, 2027. (6) 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 provides that all property has an owner, whether that owner is the state, and the property is public, or the owner is an individual, and the property is private. This bill would prohibit a foreign actor from purchasing, acquiring, leasing, or holding a controlling interest, as defined, in agricultural land within the State of California. The bill, among other things, would exempt land held by prohibited foreign actors before January 1, 2027, from that provision. The bill would provide that land transferred in violation of these provisions would be subject to divestiture, as specified. The bill would make its provisions operative upon appropriation by the Legislature.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in the state. Existing law grants the University of California exclusive jurisdiction in public higher education over, among other things, graduate instruction in the profession of medicine. Existing law establishes the University of California Kern County Medical Education Endowment Fund in the State Treasury. Upon appropriation by the Legislature, existing law requires moneys in the endowment fund to be allocated to the University of California to support the annual operating costs for the development, operation, and maintenance of a branch campus of an existing University of California School of Medicine in the County of Kern, to conduct a feasibility study related to that campus, and to generate funding through investment earnings for the support of medical education in the San Joaquin Valley. Existing law also requires moneys in the endowment fund to be used, upon appropriation by the Legislature and a determination by the Controller of sufficient funds in the endowment fund, to cover the University of California's estimated costs of applying for and obtaining approval and accreditation from the Liaison Committee on Medical Education, as provided. This bill would, if the office of the President of the University of California has not taken formal, verifiable steps to establish a school of medicine in the County of Kern by July 1, 2027, additionally authorize the Trustees of the California State University, acting through California State University, Bakersfield, and the Board of Trustees of the Kern Community College District to establish a school of medicine in the County of Kern, as provided. The bill would authorize the establishment of a unit of local government, known as the Kern Medical Education Authority, to facilitate the establishment of this medical school in the County of Kern. The bill would require the authority to governed by a Board of Governors of unspecified size, and require the California State University, Bakersfield, and the Kern Community College District to each appoint an unspecified number of members to the board. The bill would, among other things, grant the authority specified powers and duties of a local unit of government within the state, as provided. The bill would authorize the authority to hire employees, as provided, and would require the authority to establish salary schedules, health benefits, and retirement plans that are no less favorable than those offered to comparable employees within the California State University system. The bill would authorize employees of the authority to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, as provided, and subject the authority to the jurisdiction of the Public Employment Relations Board. The bill would, among other employment rules, extend due process protections to authority employees. The bill would make employees of the authority eligible to participate in the California Public Employees' Retirement System (CalPERS) or the California State Teachers' Retirement System (CalSTRS) , as applicable to their classification. The bill would authorize the authority to incur indebtedness and to borrow money and issue notes and revenue bonds in principal amounts that the authority determines to be necessary to provide sufficient funds for achieving any of its purposes, as provided. The bill would establish that an obligation of the authority is not an obligation of the California State University or the Kern Community College District, unless otherwise agreed to by the authority and the California State University or the Kern Community College District. The bill would authorize the authority, upon obtaining accreditation form the Liaison Committee on Medical Education, to develop curricula and grant the degree of Doctor of Medicine. Existing law, the Ralph M. Brown Act, generally requires that all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend and participate. The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The bill would subject the authority to the Ralph M. Brown Act and the California Public Records Act, with specified exemptions related to trade secrets. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Kern.
