(1) Existing law authorizes a person who has suffered harassment, as defined, to seek a temporary restraining order and an order prohibiting harassment. Existing law prohibits a filing fee for, and a fee for the service of process by a sheriff or marshal of, a protective or restraining order if the order is based upon stalking, unlawful violence, or a credible threat of violence. This bill, commencing January 1, 2027, would authorize a petition prohibiting harassment and any related filings to be submitted electronically, as specified. The bill would require the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to a petitioner who filed electronically to be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court. The bill, commencing January 1, 2027, would authorize a party or witness to appear remotely at the hearing on the petition for a protective order, and prohibit the superior court from charging a fee for the remote appearance. As of January 1, 2027, the bill would require the superior court of each county to develop, and post on its internet website, local rules and instructions regarding remote appearances for protective orders. The bill would make a conforming change. (2) Existing law requires a court or court facility that receives petitions for domestic violence restraining orders to permit the petitions and related filings to be submitted electronically, as specified, and prohibits a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a domestic violence restraining order, as specified. Existing law requires the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court or court facility. Existing law authorizes a party, support person, or witness to appear remotely at a domestic violence restraining order hearing. Existing law requires the superior court of each county to develop local rules and instructions for remote appearances and requires them to be posted on the court's internet website. This bill, commencing January 1, 2027, would require a court or court facility that receives petitions for domestic violence restraining orders to accept electronic filings at no charge to the petitioner, and would prohibit a superior court from charging a fee for a party, support person, or witness to appear remotely at a domestic violence restraining order hearing. (3) Existing law authorizes an elder or dependent adult who has suffered abuse to seek a protective order and prohibits a filing fee for a petition, response, or paper seeking the reissuance, modification, or enforcement of a protective order. This bill, commencing January 1, 2027, would require a court or court facility that receives petitions for protective orders for elder or dependent adults to permit those petitions and any related filings to be submitted electronically, as specified, at no charge to the petitioner. As of that date, the bill would require the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to a petitioner who filed electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court. The bill, commencing January 1, 2027, would authorize a party, representative of the county adult protective services agency, or witness to appear remotely at the hearing on a petition for a protective order for an elder or dependent adult, and prohibit the superior court from charging a fee for the remote appearance. The bill, commencing January 1, 2027, would require the superior court of each county to develop, and post on its internet website, local rules and instructions regarding remote appearances for protective orders for elder or dependent adults. As of that date, the bill also would require information regarding electronic filing and access to the court's self-help center to be prominently displayed on each superior court's home page, and require each self-help center to maintain and make available information related to elder abuse restraining orders. Existing law, upon the filing of a petition for protective orders for an elder or dependent adult, requires the respondent to be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any declarations in support of the petition, at least five days before the hearing. This bill, as of January 1, 2027, would authorize a court to permit an alternative method of service, as specified, if at the time of a hearing with respect to an order issued based on an ex parte temporary protective order, the court determines that, after diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the restrained party is evading service or cannot be located.
Existing law prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement. Existing law prohibits a person from installing or affixing on a vehicle a casing, shield, frame, border, product, or other device that obstructs or impairs the reading or recognition of a license plate by an electronic device operated by state or local law enforcement, an electronic device operated in connection with a toll road, high-occupancy toll lane, toll bridge, or other toll facility, or a remote emission sensing device, as specified. Existing law also prohibits the sale of a product or device that obscures, or is intended to obscure, the reading or recognition of a license plate by visual means, or by an electronic device in violation of the above-described provisions. A conviction for a violation of this provision is punishable by a fine of two hundred fifty dollars $250 per item sold or per violation. A violation of the Vehicle Code is a crime. This bill would further prohibit a person from installing or affixing a shade or tint that obstructs the reading or recognition of a license plate by an electronic device operated by state or local law enforcement, an electronic device operated in connection with a toll road, high-occupancy toll lane, toll bridge, or other toll facility, or a remote emission sensing device, as specified. The bill would further prohibit the manufacture of these products and devices in the state and impose a $1,000 fine per item sold or manufactured for a violation of these provisions. The bill would also make clarifying changes. By creating a new 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 required the Chancellor of the California Community Colleges, on or before June 1, 2023, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature outlining a plan to implement the program. Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and requires the commission, within 2 years of the submission of the report, to approve and adopt the education criteria for peace officers, based on the recommendations in the report. This bill would repeal the requirement for the commission to approve and adopt the criteria described above. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances. This bill would expand these provisions to allow legal professionals and attorney support personnel, as defined, to apply for these clearances. The bill would revise the names of these clearances to annual gate clearances and short-term gate clearances. The bill would also require the department to, upon request, give a short-term gate clearance for any institution without the requirement to apply for a long-term gate clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state.
The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified. Existing law makes a restitution order in a case in which a victim suffered economic loss as a result of the defendant's conduct, as specified, enforceable as if it were a civil judgment. This bill, the Restitution First Act, would also require that a restitution order be paid before all fines, restitution fines, penalty assessments, and other fees, as specified. The bill would also make nonsubstantive, conforming changes.
Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files, as defined. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action. This bill would delete that authority and instead specify that the county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings, and the county counsel or city attorney representing the child welfare agency or probation department in connection with the administration or review of child welfare or probation services, as specified, may access juvenile case files. The bill would also authorize an attorney representing a party in a civil proceeding, as defined, filed by, or on behalf of, the person who is the subject of the juvenile case file in which the defendant is either the child welfare agency, probation department, or an employee of those entities to inspect and receive copies of a juvenile case file for use in the civil proceeding, as specified. The bill would additionally authorize an attorney representing a person who is or was the subject of juvenile proceedings under specified provisions to access juvenile case files. By imposing additional duties on local entities to provide access to these records, 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 requires the Chancellor of the California Community Colleges, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature outlining a plan to implement the program. Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and requires the commission to approve and adopt the education criteria for peace officers, based on the recommendations in the report. This bill would repeal the requirement for the commission to approve and adopt the criteria described above. Existing law requires a peace officer to meet specified requirements, including, to be a high school graduate or meet equivalency standards, as specified, or to attain a 2-year, 4-year, or advanced degree from an accredited college or university. This bill would authorize specified credential evaluation services to evaluate the equivalency of a foreign college or university degree for purposes of attaining a degree as described above. The bill would require, commencing January 1, 2031, a peace officer, as specified, to attain one or more specified degrees or certificates no later than 36 months after receiving their basic certificate by the commission, as specified, unless the person is employed by the Department of Corrections and Rehabilitation or as a deputy sheriff of specified counties and is employed to perform duties relating to custodial facilities, as specified, has at least 8 years of experience as a sworn peace officer of another state or at least 8 years of military service in the Armed Forces of the United States, as specified, is employed as a peace officer by the State Department of State Hospitals, or is, as of December 31, 2030, currently enrolled in a basic academy or is employed as a peace officer by a public entity in California. The bill would require a peace officer with experience as a sworn peace officer from another state or with experience serving in the Armed Forces of the United States who served for less than 8 years, as specified, to attain one or more of the specified degrees or certificates no later than 48 months after receiving their basic certificate by the commission. The bill would authorize coursework completed as part of military or law enforcement training to count toward a degree or certificate, as specified.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of the child's parents or guardian, which include that their parent or guardian has been incarcerated or institutionalized and cannot arrange for the care of the minor. Existing law requires, if the parent or guardian is incarcerated or institutionalized, the court to order reasonable services, which may include visitation services, if appropriate, unless the court determines those services would be detrimental to the child. This bill would require any order placing a child in foster care, and ordering reunification services, to include specified provisions if the parent of the dependent child is incarcerated in a county jail, including, among others, that the incarcerated parent is entitled to in-person visitation, that the county jail is required to ensure that the incarcerated parent is made available to attend in-person visits with their dependent child, and that the child welfare agency and county jail are required to make a reasonable effort to document specified information relating to visitation and to include in all reports submitted to the court for each status review hearing a brief summary of visitation activity. The bill would authorize the use of videoconferencing technology or telephonic communication in lieu of in-person visits, as specified. By imposing new duties on child welfare agencies and county jails, 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 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.
Existing law, the Electronic Communications Privacy Act, prohibits a government entity from compelling the production of, or access to, electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant to specified conditions. Existing law authorizes a government entity to access electronic device information by means of physical interaction or electronic communication with the device in certain circumstances, including, pursuant to the specific consent of the authorized possessor of the device or if the government entity, in good faith, believes that an emergency involving danger of death or serious physical injury to a person requires access to the information. Existing law requires a government entity that obtains electronic information pursuant to an emergency involving danger of death or serious physical injury to a person, within 3 court days after obtaining the electronic information, to file with the appropriate court an application for a warrant or order setting forth the facts giving rise to the emergency. Existing law requires the court to promptly rule on the application and to destroy all information obtained upon a finding that the facts did not give rise to an emergency or upon rejecting the application on any other ground. This bill would additionally authorize a government entity to access electronic device information with the specific consent of an individual who locates a tracking or surveillance device, as defined, and the device is reasonably believed to have been used to track or record the individual without their permission. The bill would require a government entity that obtains information through this method, within 3 court days after obtaining the electronic information, to follow the above process for applying for a warrant or order from a court by setting forth the facts that describe the circumstances and would require the court to promptly rule on the application and order the immediate destruction of all information obtained upon a finding that the facts were not as described. Existing law authorizes an individual whose information is targeted by a warrant, order, or other legal process, or other specified recipients of a warrant, that is inconsistent with the act or the California or United States Constitution, to petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of the act or the California or United States Constitution. This bill would recast the provisions described above to authorize an individual whose information is sought or obtained by a government entity in a manner that is inconsistent with the act or the California or United States Constitution, or other specified recipients of a warrant, order, legal process, request, or demand seeking the individual's information, to petition a court to void or modify the warrant, order, other legal process, request, or demand to order the destruction of the information.
Existing law makes it a misdemeanor to report an emergency to specified government entities knowing that report to be false. Existing law makes it a misdemeanor to initiate communication with the 911 emergency system with the intent to annoy or harass another person. This bill would make a 2nd or subsequent violation of these provisions, and which results in an unnecessary emergency response, punishable as a misdemeanor or felony for a person who was 18 years of age or older at the time the person committed the prior offense or offenses. By increasing the penalty for existing crimes, the bill would impose a state-mandated local program. Existing law makes an individual convicted of the crimes described above liable to a public agency for the reasonable costs of an emergency response by the public agency. The bill would extend those liability provisions to property damage incurred as a result of the emergency response. 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.
