Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and if the defendant is found incompetent to stand trial, the proceedings are suspended while the defendant receives treatment, with the goal of restoring the defendant to competency. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to either dismiss the case or hold a hearing to determine if the defendant is eligible for diversion. Under existing law, if the defendant not eligible for diversion, the court may hold another hearing to decide if the defendant should be referred for outpatient treatment, conservatorship, or the Community Assistance, Recovery, and Empowerment (CARE) program, or if the defendant's treatment plan should be modified. This bill would remove the option for the court to dismiss the case and would instead require the court to hold a hearing to determine if the defendant is eligible for diversion. If the defendant is not eligible for diversion, the bill would require the court to hold a hearing to determine whether the defendant will be referred to outpatient treatment, conservatorship, or the CARE program, or if the defendant's treatment plan will be modified. The bill would authorize a party to request and a court to order a re-evaluation of the defendant's competency during the pendency of these proceedings.
Existing law makes a person guilty of organized retail theft if, among other things, the person acts in concert with one or more persons to steal merchandise from one or more merchant's premises or online marketplace with the intent to sell, exchange, or return the merchandise for value. Under existing law, these crimes are punishable as either misdemeanors or felonies, as specified. Existing law requires that a court dismiss an enhancement if it is in the furtherance of justice to do so, as specified. This bill would, notwithstanding the limitations on imposing an enhancement, make any person who acts in concert with 2 or more persons to take, attempt to take, damage, or destroy any property in the commission or attempted commission of a felony punishable by an additional and consecutive term of imprisonment of one, 2, or 3 years. By creating a new enhancement, 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 allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. This bill would additionally allow the court to issue a permanent protective order restraining a defendant from any contact with the victim if the defendant has been convicted of any serious or violent felony, as defined, or any felony requiring registration as a sex offender. The bill would also authorize the court to permanently extend certain previously issued orders under certain circumstances. The bill would require the Judicial Council to develop forms, instructions, and rules relating to these orders. The bill would make other conforming changes. By authorizing the issuance of protective orders in certain circumstances and the extension of certain protective orders, a violation of which is punishable as a crime, 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 authorizes a city or county prosecuting attorney or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses, as specified. This bill would also allow the program to be conducted by a county department providing pretrial or health care services or a nonprofit contract agency. The bill would define theft offenses for purposes of the program. Existing law authorizes a judge in the superior court in which a misdemeanor is being prosecuted to, at the judge's discretion, offer diversion to a defendant for a period not to exceed 24 months. This bill would expand that authorization to include any cases being prosecuted, as specified. The bill would require a court that offers diversion pursuant to these provisions to assess whether to order the individual to participate in specified programs.
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose a local sales and use tax in accordance with that law for tangible personal property sold at retail in the city or county, or purchased for storage, use, or other consumption in the city or county. That law requires the city or county to contract with the California Department of Tax and Fee Administration for the administration of the taxes and requires the department to transmit those taxes to the city or county. That law provides that for the purpose of a local sales tax adopted pursuant to that law, all retail sales are consummated at the place of business of the retailer unless otherwise specified. Existing law prohibits a local agency, defined to mean all cities and counties, from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any person, as defined, for any purpose, if the agreement results in a reduction in the amount of Bradley-Burns local tax revenues that, in the absence of the agreement, would be received by another local agency and the retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency, with specified exceptions. This bill would additionally prohibit, on or after January 1, 2024, a local agency from entering into, renewing, or extending any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any retailer, as defined, in exchange for the retailer locating or continuing to maintain a place of business that serves as the place of sale, as defined, within the territorial jurisdiction of the local agency if that place of business would generate revenue, from the sale of tangible property delivered to and received by the purchaser in the territorial jurisdiction of another local agency, for the local agency under the Bradley-Burns Uniform Local Sales and Use Tax Law. The bill would make those forms of agreements existing before January 1, 2024, void and unenforceable on January 1, 2030. The bill would require a local agency to post those forms of agreements existing before January 1, 2024, on the local agency's internet website until the form of agreement expires or is made void and unenforceable by these provisions. The bill would make related findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law authorizes a school district or charter school to maintain a transitional kindergarten program. Existing law requires a school district or charter school, as a condition of receipt of apportionment for pupils in a transitional kindergarten program, to ensure that, in the 2024–25 school year, a child who will have their 5th birthday between September 2 and June 2 is admitted to a transitional kindergarten program. Existing law authorizes a school district or charter school to enroll a child whose 4th birthday is between June 3 and September 1 preceding the school year if specified conditions are met, including that the transitional kindergarten classroom maintains at least one adult for every 10 pupils and maintains a classroom enrollment that does not exceed 20 pupils. Existing law requires the Superintendent of Public Instruction to withhold a specified amount of funding from a school district or charter school that fails to comply with those conditions. Existing law requires the Controller to incorporate verification of compliance with those conditions in a specified audit guide for the 2023–24 and 2024–25 fiscal years. This bill would specify that the provision requiring the Superintendent to withhold funding from a school district or charter school that fails to comply with those conditions does not apply for the 2023–24 school year. The bill would eliminate the requirement for the Controller to incorporate verification of compliance with those conditions in the audit guide for the 2023–24 fiscal year.
(1) The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. Existing law generally requires a petition to establish a charter school to be submitted to the governing board of a school district. Existing law prohibits the governing board of a school district from denying a petition to establish a new charter school unless the governing board makes written factual findings in support of one or more specific findings including, among others, a finding that the school district is not positioned to absorb the fiscal impact of the proposed charter school. Existing law identifies specific conditions that subject a newly proposed charter school to a rebuttable presumption of denial for this reason, including, among others, the school district being "under state receivership." Existing statutory law does not directly define "under state receivership" for these purposes. Existing law authorizes a school district, if it determines that its revenues are less than the amount necessary to meet its current year expenditure obligations, to request emergency apportionment, subject to requirements and repayment provisions, including the appointment of a trustee who, among other things, is required to prepare a multiyear financial recovery plan for the school district. This bill would eliminate being "under state receivership" as a basis for a school district to show it is not positioned to absorb the fiscal impact of a proposed new charter school, and would instead specify that a school district may demonstrate that the school district is not positioned to absorb that fiscal impact if, among other conditions, the school district (A) has received an emergency apportionment as described above and either (i) has an outstanding balance of the emergency apportionment and has not met the conditions to terminate the trustee's appointment or (ii) within a specified period of time after meeting the conditions for termination of the trustee's appointment, as provided, either (I) has a qualified interim certification or (II) receives certification by the county superintendent of schools that approving the charter school would result in the school district having a qualified or negative interim certification; or (B) has a positive or qualified interim certification and both (i) has closed or consolidated a school of the school district within the 5 fiscal years immediately preceding the submission of the charter petition and (ii) has declared, and received certification by the county superintendent of schools, that approving the charter school would result in the school district having a qualified or negative interim certification, as provided. To the extent the bill would impose additional duties on school districts and county offices of education relating to charter petitions, the bill would impose a state-mandated local program. (2) 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, the Physician Assistant Practice Act, establishes the Physician Assistant Board to license and regulate physician assistants. Existing law requires the board to issue a license to practice as a physician assistant to an applicant who satisfies specified requirements, including successfully completing an approved program and passing a prescribed examination. Existing law also authorizes the board to issue a probationary license to an applicant in accordance with specified terms and conditions. Existing law makes a violation of certain provisions of the act a misdemeanor. This bill would establish the Armenian Medical Graduate Physician Assistant Training Program, to be conducted at an appropriate educational institution or institutions. The bill would require the board to establish a Training Program Advisory Task Force, which the bill would require to develop and recommend curriculum for a training program. The bill would make an Armenian medical graduate who is either a citizen or permanent resident of the United States and who has satisfactorily completed the training program eligible for licensure as a physician assistant if the person has also successfully completed a certain written examination. The bill would require that funding necessary for the implementation of the program to be secured from nonprofit philanthropic entities, as specified. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for Armenian medical graduates who are either citizens or permanent residents of the United States. 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, commencing January 1, 2025, prohibits the manufacture, distribution, sale, or offering for sale in the state of any new, not previously used, textile articles that contain regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS) . Existing law, commencing January 1, 2025, prohibits the manufacture, sale, delivery, holding, or offering for sale in commerce of any cosmetic product that contains intentionally added PFAS. Existing law prohibits the distribution, sale, or offering for sale in the state of certain food packaging that contains regulated PFAS. Existing law prohibits the sale or distribution in commerce in the state of any new, not previously owned, juvenile product, as defined, that contains regulated perfluoroalkyl and polyfluoroalkyl chemicals. This bill would, beginning January 1, 2032, prohibit a person from distributing, selling, or offering for sale a product that contains intentionally added PFAS, as defined, unless the Department of Toxic Substances Control has made a determination that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use, for renewing that determination, and for revoking that determination. The bill would require the department to maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition. The bill would impose an administrative penalty for a violation of the prohibition, as specified. The bill would establish the PFAS Penalty Account and require all administrative penalties received to be deposited into that account and, upon appropriation by the Legislature, to be used for the administration and enforcement of these provisions, as specified. This bill would require the department, on or before January 1, 2027, to adopt regulations to carry out the provisions of this bill. The bill would require the regulations to establish and provide for the assessment of an application fee and to establish an administrative appeal process to review penalties assessed and certain actions and determinations of the department under the bill. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the account, upon appropriation by the Legislature, to be used to cover the department's reasonable costs of administering this act.
Existing law defines human trafficking to include both sex trafficking and labor trafficking. Existing law requires county child welfare agencies and probation departments to implement policies and procedures that require social workers and probation officers to, among other things, identify children receiving child welfare services who are, or are at risk of becoming, victims of commercial sexual exploitation. This bill would, on or before January 1, 2026, require county child welfare agencies and probation departments to expand the above-described policies to apply to children who are, or are at risk of becoming, victims of labor trafficking, as specified. By expanding county duties, this bill would impose a state-mandated local program. Existing law requires the State Department of Social Services to ensure that the statewide child welfare information system is capable of collecting various information, including the number of dependent children or wards in foster care who became victims of commercial sexual exploitation in foster care. The bill would revise these provisions to require the State Department of Social Services to ensure that the Child Welfare Services/Case Management System is capable of collecting specified information, including, among other things, the number of dependent children or wards in foster care who became victims of human trafficking, labor trafficking, or both, within foster care. Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services. The program requires the department to provide funds to participating counties to provide training to county children's services workers to identify, intervene, and provide case management services to children who are victims of commercial sexual exploitation and trafficking and to foster caregivers for the prevention and identification of potential victims. Existing law requires the department to provide specified information to the Legislature regarding the implementation of these provisions, including the number of victims served by each county and the types of services provided, no later than April 1, 2017. This bill would change the name of the program to the Human Trafficked Children Program and revise all parts of the program to include all children who are victims of human trafficking, including those who are the victims of labor trafficking. The bill would require the department to provide and update information provided to the Legislature regarding implementation of these provisions and to provide additional information relating to serving child victims of labor trafficking. Existing law requires the department, in consultation with the County Welfare Directors Association, to ensure that the child welfare information system is capable of collecting data concerning children who are commercially sexually exploited, as specified. This bill would require the department to ensure that the Child Welfare Services/Case Management System is capable of collecting data concerning children who are victims of human trafficking no later than June 1, 2025. 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 requires a hotel, third-party booking service, hosting platform, or short-term rental, as defined, to allow a reservation for a hotel accommodation or a short-term rental located in California to be canceled without penalty for at least 24 hours after the reservation is confirmed if the reservation is made 72 hours or more before the time of check-in. Existing law requires the hotel, third-party booking service, hosting platform, or short-term rental, if a consumer cancels a reservation pursuant to that provision, to issue a refund to a consumer for all amounts paid to the hosting platform, hotel, third-party booking service, or short-term rental to the original form of payment within 30 days of the cancellation of the reservation. Existing law authorizes the Attorney General and certain other public attorneys, to bring an action to enforce these provisions and requires a court to impose a civil penalty of not more than $10,000 for each violation. This bill would expand these provisions, beginning on July 1, 2026, to also apply to a reservation made in California for a hotel accommodation or short-term rental that is advertised in California.
The Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law authorizes individuals who meet specified criteria, including that they either be 62 years of age or older or blind or disabled, as defined, to file with the Franchise Tax Board a claim for assistance. That law authorizes assistance in an amount equal to a percentage, determined as provided, of either the property taxes accrued and paid by the claimant on their residential dwelling or, with respect to a claimant renting their residence, the applicable statutory property tax equivalent. This bill would establish the Property Tax Assistance for Descendants of Enslaved Persons Program for purposes of making, upon appropriation by the Legislature, moneys available to persons who meet specified criteria for purposes of providing financial assistance equal to the total amount of property taxes paid on a residential dwelling, as defined, or $4,000, whichever is less, and as subject to specified limitations. The bill would, for purposes of determining a person's eligibility for moneys under the program, require the person to provide an affidavit, under penalty of perjury, containing specified information, if the residential dwelling is owned by the person on property owned by a nonprofit incorporated association. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require the Franchise Tax Board to develop and administer the program and to provide moneys to eligible claimants. The bill would set forth procedures for administering the 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.
