Existing law makes it a crime to knowingly or willfully cause another person to engage in the unlawful manufacture of firearms or knowingly or willfully aiding, abetting, prompting, or facilitating the unlawful manufacture of firearms, including the manufacture of assault weapons or .50 BMG rifles or the manufacture of any firearm using a 3-dimensional printer, as specified. Existing law authorizes a civil action against a person who knowingly distributes or causes to be distributed any digital firearm manufacturing code to any person, except as specified. Existing law authorizes the Attorney General, county counsel, or city attorney to bring an action against this person and seek a civil penalty, as specified, for each violation, as well as injunctive relief. This bill would require the Department of Justice to check on a quarterly basis beginning no later than July 1, 2027, whether ASTM International has published industry standards for equipping 3-dimensional printers with firearm blocking technology. The bill would require, if the department determines that ASTM International has published or adopted industry standards for firearm blocking technology for 3-dimensional printers, that the department publish written guidance or regulations within 24 months after making that determination. The bill would require, among other things, the written guidance or regulations to describe minimum performance standards for 3-dimensional printer firearm blocking technology before a printer can lawfully be sold or offered for sale in the state. If, as of July 1, 2029, the department determines that ASTM International has not published industry standards for firearm blocking technology for 3-dimensional printers, the bill would relieve the department of any further responsibility to ascertain whether ASTM International has published or adopted industry standards. The bill would make it unlawful to sell, offer for sale, or transfer for consideration, a 3-dimensional printer in the State of California that is not equipped with firearm blocking technology that also meets the above-described industry standards. The bill would exempt printers used exclusively for the manufacturing of properties (props) in the entertainment industry, and would authorize the department to adopt regulations that provide for additional exceptions to these provisions. This bill would also exempt a person who distributes, or causes the distribution of, digital firearm manufacturing code, solely for the bona fide purpose of, among other things, developing, refining, and testing the functionality of a firearm blocking technology from civil liability. This bill would make these provisions severable.
Existing law requires the Department of Corrections and Rehabilitation, when amending or adopting regulations that may impact the visitation of inmates, to recognize and consider the value of visiting as a means to improve prison safety, the important role of inmate visitation in maintaining connection with family and community, and the role of inmate visitation in preparing for successful release. This bill would require each facility, as defined, to establish at least 3 days of visitation per week. The bill would require a facility, if it will not be open for visitation, to provide notice to the impacted population as soon as possible. The bill would authorize a facility to deny contact visits only for specified reasons, including, among others, possession of contraband or pending or sustained rules violations that result in a restricted housing unit term. The bill would require facility staff to take specified actions with regard to correctable issues with a visitation, including, among other things, allowing the visitor a reasonable opportunity to correct the issue and return to visiting up to one hour before the end of the visiting period. The bill would prohibit denial of visitation if a visitor has traveled more than 170 miles to attend a visit and has not visited within 30 days, unless there has been a finding of a credible and documented security threat. The bill would prohibit a facility from searching visitors without their voluntary, informed, and written consent. The bill would authorize a facility to respond to refusal of that search only with denial of contact visiting for that day, and would require the facility to offer a noncontact visit on the same day, if space is available. The bill would authorize other restrictions and procedures for searches of visitors, as specified.
Existing law requires a person, who claims title to a firearm that is in the custody of a court or law enforcement agency and wishes to have it returned, to make an application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm. Under existing law, a law enforcement agency or court that has taken custody of a firearm is prohibited from returning the firearm to an individual unless specified requirements are met, including, but not limited to, requiring the person to be eligible to possess a firearm and verifying that the firearm is not listed as stolen and the firearm has been recorded in the Automated Firearms System in the name of the person, as specified. Existing law requires any weapon that was carried unlawfully for specified crimes to be surrendered to specified law enforcement entities. Existing law requires weapons surrendered pursuant to these provisions to be destroyed by the law enforcement entity. This bill would authorize a law enforcement agency, as defined, to create a voluntary firearm storage program that allows a person to voluntarily transfer custody of their firearm to the local law enforcement agency for temporary safekeeping purposes to prevent firearm violence, suicide, and other injury. The bill would require a law enforcement agency adopting this program to provide clear instructions on the procedure to voluntarily transfer custody of a firearm and to provide clear instructions on the process for requesting return of the firearm, as specified. Upon receipt of a firearm, the bill would require a law enforcement agency to, among other things, check a certain database to ensure the firearm has not previously been reported lost, stolen, or involved in a crime and ensure that the requesting person is eligible to possess firearms when the firearm is returned to the person. The bill would require a law enforcement agency to destroy a firearm that a person failed to retrieve at the end of a time period specified by the law enforcement agency, except as provided. Existing law prohibits the carrying of a concealed firearm or the open carrying of a firearm, as specified. Existing law provides certain exemptions to these prohibitions, including exemptions for peace officers, retired peace officers, and persons possessing a valid license to carry a concealed firearm. Existing law generally regulates the sale and transfer of firearms, including, among other requirements and subject to exceptions, that the transfer of a firearm be conducted through a firearms dealer. This bill would exempt the voluntary transfer of a firearm to a local law enforcement agency pursuant to the provisions above from these prohibitions and regulations.
Existing law requires each law enforcement agency, on or before January 1, 2021, to maintain a policy that provides a minimum standard on the use of force. Existing law requires that the policy include, among other things, training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency's use of force policy by officers, investigators, and supervisors. Existing law prohibits a law enforcement agency from authorizing the use of a carotid restraint or choke hold by any peace officer employed by that agency. This bill would, until January 1, 2030, prohibit a law enforcement agency, including a federal law enforcement agency, from using a wearable electroshock device within the State of California. The bill would also prohibit a law enforcement agency from using state funds to purchase a wearable electroshock device. The bill would require a law enforcement agency to update their use of force policies to prohibit the use of a wearable electroshock device. By increasing the duties on local law enforcement, the bill would impose a state-mandated local program. The bill would require the Division of Law Enforcement within the Department of Justice to conduct a study on the safety and community impacts of wearable electroshock devices and provide recommendations for appropriate standards and safeguards for their use, and would require the department to report to the Legislature on the findings and recommendations of the study on or before January 1, 2029. 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 any person who purchases or receives a firearm to possess a firearm safety certificate. Existing law also prohibits a person from selling or transferring a firearm to any person who does not possess a firearm safety certificate. A violation of either of these provisions is punishable as a misdemeanor. Existing law requires a personal firearm importer, within 60 days of bringing any firearm into this state, to, among other things, submit a report including information concerning that individual and a description of the firearm in question to the Department of Justice. Existing law requires that a personal firearm importer be found to have complied with these provisions if certain requirements are satisfied. This bill would extend the above-described time period to within 180 days and would also require, commencing January 1, 2028, that personal firearm importer to certify under penalty of perjury that they have obtained a valid firearm safety certificate, or an exemption to the certificate requirement, as specified, and would make a failure to provide specified information in the report an infraction. The bill would prohibit a person from bringing a firearm into this state without obtaining a valid firearm safety certificate within 180 days, except as specified, and make a violation of this provision an infraction. The bill would remove the requirement that a personal firearm importer be found to have complied with these provisions if certain requirements are satisfied. By creating a new crime, and expanding the crime of perjury, this bill would impose a state-mandated local program. Existing law requires any costs incurred by the department to implement the above-described provisions regarding personal firearm importers to be absorbed by the department within its existing budget and fees allocated in the Dealers' Record of Sale Special Account. This bill would authorize the appropriation of additional funds for implementation of the above-described provisions if the department determines that sufficient funding is not available to implement these provisions. Existing law requires an applicant for a firearm safety certificate to pass a test developed by the department covering specified subjects, including, among others, the laws applicable to carrying and handling firearms and the responsibilities of ownership of firearms. This bill would require an applicant for a firearm safety certificate, on or after January 1, 2029, to complete within the prior year a training course no less than 4 hours in length that, among other things, includes instruction on firearm safety and handling and live-fire shooting exercises on a firing range. The bill would authorize the Department of Justice to promulgate regulations and provide additional information for the implementation of these provisions. This bill would provide that the provisions of this bill are 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, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on October 1, 2024, existing law makes arrest record relief available to an eligible person if the arrest occurred on or after January 1, 1973. Under existing law, a person is eligible for arrest record relief under these provisions if, among other things, the arrest was for a misdemeanor offense and the charge was dismissed. This bill, on and after October 1, 2029, additionally makes a person eligible for that relief if the arrest was for a felony offense, all charges arising from the arrest were dismissed, one year has elapsed since the date on which the most recent charge arising from the arrest was dismissed, and no charge arising from the arrest was refiled or is pending during that period. Under existing law, a person is eligible for automatic conviction record relief if the person meets certain requirements, including that it does not appear, based upon information available in the Department of Justice's record, that the person is currently serving a sentence of an offense and there is no indication of pending criminal charges. This bill would, on and after October 1, 2029, require, in determining whether there is a pending criminal charge based on the department's records, the department to conclude that there is no indication of pending criminal charges if at least 3 years have elapsed with no new activity related to that record. The bill would require, in determining whether a person is currently serving a sentence for an offense, the department to conclude that the person is no longer serving a sentence if the department is unable to determine whether a sentence is complete and at least 7 years have passed since the date of conviction. Existing law, subject to an appropriation, on a monthly basis, requires the department to electronically submit a notice to the superior court having jurisdiction over the criminal case and inform the court of all cases for which a complaint was filed and for which relief was granted pursuant to the provisions above. Existing law, for any certain record retained by the court, prohibits the court from disclosing information concerning a conviction granted relief pursuant to specified provisions, including the above provisions, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. This bill would, on and after October 1, 2029, expand the above-described prohibition to include other provisions that authorize relief from a conviction. By placing additional duties on court staff, this bill would create a state-mandated local program. This bill would, on and after October 1, 2029, also require a court, upon the request of the subject of a record granted relief, to furnish a register of action confirming the court's receipt of notification and compliance with a grant of relief for a specified record granted relief under the above provisions. This bill would incorporate additional changes to Section 1203.425 of the Penal Code proposed by SB 1395 to be operative only if this bill and SB 1395 are enacted and this bill is enacted last. 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, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess or have under their custody or control, any firearm and makes a violation of that prohibition punishable as a misdemeanor or a felony. Under existing law, a person who alters, removes, or obliterates, or who buys, receives, disposes of, sells, offers for sale, or has in possession any pistol, revolver, or other firearm that has had the name of the maker or model or the manufacturer's number or other mark of identification changed, altered, removed, or obliterated is guilty of a misdemeanor. This bill would prohibit a person, who is convicted on or after January 1, 2027, of the above prohibition, from owning, purchasing, receiving, or having in their possession or under their custody or control any firearm within 10 years of the conviction. By expanding the scope of an existing crime, the bill would create a state-mandated local program. This bill would provide that the provisions of this bill are severable. This bill would incorporate additional changes to Section 29805 of the Penal Code proposed by AB 1753 to be operative only if this bill and AB 1753 are enacted and this bill is enacted last. 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.
(1) Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minor's welfare. This bill would prohibit the court from ordering that a minor be detained in a juvenile hall unless it makes a finding that a less restrictive alternative to detention in the juvenile hall is unsuitable. The bill would also require the court, upon request, to reconsider whether continued detention in the juvenile hall is necessary based on new or current information and consistent with these provisions. (2) Existing law prohibits a ward or dependent child from being taken from the physical custody of a parent or guardian unless the court makes specified findings. Under existing law, if a minor is removed from the physical custody of the minor's parent or guardian as a result of an order of wardship pursuant to specified provisions, the order is required to specify the period of imprisonment. Existing law authorizes the court to commit a minor to a juvenile hall, juvenile home, ranch, camp, or forestry camp. This bill would prohibit a minor from being committed to physical confinement, unless the court finds that a less restrictive alternative disposition for the ward is unsuitable. The bill would require the court to consider, prior to removing a minor from the physical custody of the minor's parent or guardian, whether reasonable efforts were made to prevent or eliminate the need for removal or continued removal from the home, and whether services could be provided to enable the child's parent or legal guardian to effectively provide the care and control necessary for the child to return home.
Under existing law, if a person is convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person's blood within 10 years of 2 separate violations of specified DUI offenses, or any combination thereof, that resulted in convictions, that person has committed an offense punishable by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified. This bill would, instead, make the above DUI conviction punishable as a wobbler by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified, or by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified. By increasing the punishment of a crime, this bill would impose a state-mandated local program. Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of 3 or more separate violations for driving under the influence that resulted in specified convictions, that person has committed an offense punishable as either a misdemeanor or a felony. This bill would, instead, make the above DUI conviction punishable as a wobbler if the offense occurred within 10 years of 3 separate violations for driving under the influence that resulted in specified convictions, and punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified, if the offense occurred within 10 years of 4 or more separate violations for driving under the influence that resulted in specified convictions. By increasing the punishment of a crime, this bill would impose a state-mandated local program. This bill would make conforming changes. This bill would incorporate additional changes to Sections 23546, 23550, and 23550.5 of the Vehicle Code proposed by AB 1830 to be operative only if this bill and AB 1830 are enacted and this bill is enacted last. 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 makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law requires the driver of a vehicle involved in an accident resulting in injury or death to a person, other than that driver, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime, punishable as a misdemeanor for an accident resulting in injury and punishable as a misdemeanor or a felony for an accident resulting in death or serious injury, as defined. This bill would make the above-described violation for an accident resulting injury punishable as a misdemeanor or a felony and would impose an increased felony penalty for the above-described violation for an accident resulting in death or serious injury, if either of those violations occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By increasing the potential time of imprisonment, the bill would impose a state-mandated local program. Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a person's death, they may be charged with murder. This bill would additionally require this advisement to be given if a person enters a plea to a different or lesser offense, as described. 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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program. This bill would provide that no reimbursement is required by this act for a specified reason.
