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.
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 prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of a legally protected health care activity, as defined, or for obtaining a legally protected health care activity, if the legally protected health care activity is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a legally protected health care activity. Existing law prohibits specified persons, including a judicial officer, a court employee, or an authorized attorney, among others, from issuing a subpoena in connection with a proceeding in another state regarding an individual performing, supporting, or aiding in the performance of a legally protected health care activity in this state, or an individual obtaining a legally protected health care activity in this state, if the legally protected health care activity is lawful in this state. This bill would make those provisions apply regardless of the patient's location. Existing law authorizes the Governor to surrender, on demand of the executive authority of any other state, any person in this state charged in the other state with committing an act in this state, or in a 3rd state, intentionally resulting in a crime in the state whose executive authority is making the demand. This bill would additionally prohibit a state or local law enforcement agency or officer from knowingly arresting or participating in the arrest of any person who the Governor has declined to surrender. Existing law requires any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. Existing law prohibits a California corporation that provides electronic communication services or remote computing services to the general public from complying with an out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration described above. This bill would extend those provisions to also apply to a California corporation that provides financial services, as defined, to the general public. By expanding the situations in which a declaration under penalty of perjury is required, this bill would expand the scope of the crime of perjury and impose a state-mandated local program. The bill would authorize the Attorney General to commence an action to enforce these provisions, as specified, and would authorize the court to assess a statutory penalty of $10,000 for a first violation, and $15,000 for a 2nd or subsequent violation, against any person or entity found to have intentionally, knowingly, willingly, or recklessly complied with or provided information in response to an inquiry, investigation, subpoena, or summons regarding legally protected health care activity in violation of these provisions. 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 generally provides for the regulation of law enforcement agencies and requires specified law enforcement agencies to maintain policies on, among other things, use of force, hate crimes, and gun violence restraining orders. Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with certain conditions. This bill would make it unlawful for a law enforcement officer to deny, delay, obstruct, or fail to facilitate access to medical evaluation or treatment for an individual under law enforcement control, but who is not in the custody of, or detained by, the Department of Corrections and Rehabilitation, if it is safe and reasonable to provide access to treatment and a medical professional has been requested or is present and is willing to render care to the individual. If access to medical evaluation or treatment is denied or delayed when a medical professional is present and is willing to assist, the bill would require law enforcement to document the basis of the denial within 72 hours of the incident, as specified. The bill would authorize administrative discipline, including suspension or termination, against a law enforcement officer who violates those provisions. By creating a new crime and by increasing the duties on local law enforcement relating to reporting, 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 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 requires law enforcement agencies to enter each firearm into the Department of Justice Automated Firearms System that has been reported stolen, lost, found, recovered, held for safekeeping, surrendered, relinquished, or under observation. Existing law requires these law enforcement agencies to report to the Department of Justice all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime, within 7 calendar days of obtaining the information. Existing law requires that the information collected be maintained by the department for a period of not less than 10 years, and to be available, under guidelines set forth by the Attorney General, for academic and policy research purposes. Existing law also requires the department to, on an ongoing basis, analyze the information collected for patterns and trends relating to recovered firearms that have been illegally possessed, used in a crime, or suspected to have been used in a crime, including the leading sources and origins of those firearms. This bill would clarify that the information relied on by the department for its analysis of patterns and trends be available, upon request, to any California town, city, county, or state government agency, the California State University, the University of California, or specified private postsecondary educational institutions in California, under conditions and format options set forth by the Attorney General, as specified.
Existing law grants a defendant the right to counsel in a noncapital case, and requires a defendant to be represented by counsel in a capital case. Existing law requires specified assigned counsel to receive a reasonable sum for compensation and for necessary expenses, as determined by the court, to be paid out of the general fund of the county. This bill would, commencing with contracts or memoranda of understanding for indigent defense services entered into after January 1, 2028, revise the process and require a county or court, when contracting for the provision or administration of indigent defense services, to include certain elements in the contract or other agreement for indigent services, as specified. The bill would prohibit a county or court from entering into flat fee contracts, as defined, or per case compensation contracts in cases involving the death penalty or the potential sentence of life without the possibility of parole. The bill would require the structure of the contract for indigent defense services to ensure that attorneys have the resources and time necessary to provide competent legal representation. The bill would require counties that contract with a private entity or law firm to provide indigent defense services to provide all those contracts to the Office of the State Public Defender every 2 years. The bill would make related findings and declarations.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and limits on the amount of compensation that the board may award, and requires the application for compensation to be verified under penalty of perjury. This bill would create a pilot program, the Trauma Healing and Resilience Investment for Victimized and Exposed Youth Act (T.H.R.I.V.E.) , to be administered by the State Department of Health Care Services, upon appropriation by the Legislature, for the administration of grants to the County of Los Angeles to establish and administer a program to pay for mental health and counseling services for youth survivors of gun violence, as defined, who request those services and who reside in that county. The bill would require policies and procedures for distributing funds to meet certain requirements, including, among other things, allowing youth survivors of gun violence, or their parents or guardians for survivors who are minors, to attest to their experiences of gun violence without requiring external documentation of the gun violence incident. The bill would create the Trauma Healing and Resilience Investment for Victimized and Exposed Youth Fund to be used by the department for the purposes of this program, upon appropriation by the Legislature. The bill would make client information and records of mental health services provided to these provisions confidential. The bill would make implementation of these provisions contingent upon appropriation by the Legislature. The bill would repeal these provisions on January 1, 2032. 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.
Existing law requires law enforcement agencies to report to the Department of Justice, as specified, any incident in which a peace officer is involved in a shooting or use of force that results in death or serious bodily injury. Existing law requires the state prosecutor to investigate incidents involving a shooting by a peace officer resulting in the death of an unarmed civilian. Existing law authorizes the state prosecutor to criminally prosecute any officer that, pursuant to an investigation, is found to have violated state law. Existing law provides that the Attorney General is the state prosecutor unless otherwise specified or named. This bill would require the state prosecutor to conduct an independent, transparent, and thorough investigation into incidents of an immigration enforcement officer-involved shooting resulting in the death of an unarmed civilian. The bill would authorize the state prosecutor to criminally prosecute an immigration enforcement officer that, pursuant to an investigation, is found to have violated state law. The bill would require the state prosecutor to post and maintain on a public internet website each written report, as specified. The bill provides that the Attorney General is the state prosecutor unless otherwise specified or named. This bill would provide that the provisions of this bill are severable.
Existing law authorizes a board of supervisors of any county to, by resolution, establish a department of corrections, to be headed by an officer appointed by the board, which has jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to institutional punishment, care, treatment, and rehabilitation of prisoners, including, but not limited to, the county jail and industrial farms and road camps, their functions and personnel. Existing law, except as specified, requires the sheriff to take charge of and be the sole and exclusive authority to keep the county jail and the prisoners in it, as specified, and generally imposes requirements and duties on sheriffs for the keeping of jails. This bill would authorize a board of supervisors to, by resolution, establish the position of jail administrator and impose procedures for the nomination and confirmation or denial of a candidate for the position. The bill would prescribe the powers and duties of jail administrators. The bill would provide that the sheriff retains specified authority with respect to the jail administrator, including the authority to remove the jail administrator, as specified. The bill would also revise the provision requiring the sheriff to take charge of and be the sole and exclusive authority to keep the county jail and the incarcerated persons to state that the provision does not apply in counties that have appointed a jail administrator pursuant to the authority described above. The bill would also specify that "sheriff" includes a jail administrator for the purposes of requirements and duties imposed on sheriffs for the keeping of jails, as specified.
