Existing law authorizes a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal in specified circumstances, including when the animal is kept without proper care and attention, as specified. Existing law provides that if an animal is seized pursuant to those provisions or pursuant to a warrant, the owner is personally liable to the seizing agency for the cost of the seizure and care of the animal. Existing law deems the animal to then be abandoned by the owner under specified circumstances, including if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges and take possession of the animal. This bill would make those provisions apply to animals seized pursuant to any provision of California law.
Existing federal law establishes the militia of the United States, specifies who is eligible to be a part of the militia, divides the militia into the organized and unorganized militia, and defines the organized militia as the National Guard and the Naval Militia. Existing federal law authorizes the President of the United States to call units of the National Guard of any state into federal service if certain criteria are met. Existing federal law, the Emergency Management Assistance Compact, authorizes member states to provide for mutual assistance between the states in managing a disaster that is declared by the governor of the affected state. Existing law establishes within state government a Military Department that includes, among other things, the office of the Adjutant General, the California National Guard, and the State Guard. Under existing law, the militia of the state is comprised of the California National Guard, the State Guard, the Naval Militia, and the unorganized militia. Existing law makes the Governor, by virtue of holding their office, the commander in chief of the militia of the state. This bill would prohibit military personnel of another state, territory, or district from entering, or causing something to enter, the state to perform military duty or law enforcement functions for another state without the permission of the Governor, except as specified.
Existing law requires the Department of Corrections and Rehabilitation to maintain a canteen at its active facilities, and until January 1, 2028, prohibits the sale prices of the articles offered for sale in a canteen from exceeding a 35% markup above the price of the articles paid to the vendors. Existing law, commencing on January 1, 2028, requires the sale amounts of the articles to be offered for sale to be fixed by the secretary at amounts that will render each canteen self-supporting. This bill would prohibit the sale price of an article offered for sale in a commissary, as defined, at a private detention facility, defined as a detention facility that is operated by a private, nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a governmental entity, from exceeding a 35% markup above the amount paid to a vendor for that article.
Existing law provides for the prosecution of crimes by the district attorney of each county. Existing law establishes procedures for litigating claims of factual innocence based on newly discovered evidence, including a motion for a new trial or a writ of habeas corpus. This bill would, if the district attorney accepts a case for postconviction review, as defined, authorize the district attorney to file a notice with the court notifying the court of the intent to investigate a claim of factual innocence. The bill would, upon the filing of the above-described notice, deem the case to be treated as if it were an open case for the purposes of investigating a claim of factual innocence. The bill would provide the district attorney with the power to issue subpoenas, compel the production of document and testimony, and file necessary motions to investigate claims, as specified. The bill would also require all materials obtained by the district attorney to be subject to a protective order, as specified, and to be disclosed to the petitioner or the petitioner's counsel within 60 days of the termination of the investigation.
Existing law makes it a felony to knowingly procure or offer a false or forged instrument to be filed, registered, or recorded in a public office in this state, which, if genuine, might be filed, registered, or recorded under any law of this state or the United States. After a person is convicted of that crime or a specified waiver is obtained, and upon written motion of the prosecuting agency, existing law requires the court to issue a written order that the false or forged instrument be adjudged void ab initio. Existing law prescribes procedures for a prosecuting agency to file that motion. The California Constitution provides for the right to truth in evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would authorize a defendant who is granted diversion to stipulate to the voiding of the false or forged instrument. The bill would authorize a court in those circumstances, upon a motion by the prosecution, to issue a written order that the false or forged instrument be adjudged void ab initio. The bill would, if the defendant withdraws from diversion or fails to complete the terms of diversion and criminal proceedings are reinstated, prohibit the stipulation from being used in connection with any civil or criminal proceeding without the defendant's consent. Because that prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.
