Existing law defines vehicular manslaughter while intoxicated as the unlawful killing of a human being without malice aforethought, in the driving of a vehicle while intoxicated and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. Under existing law, a violation of this provision is punishable as a misdemeanor or felony. This bill would make a violation of the above provision punishable only as a felony. 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 the Department of Motor Vehicles (DMV) to suspend the privilege of a person to operate a motor vehicle for 6 months if they are 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. Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of a separate violation or 2, 3, or 4 or more separate violations for DUI that resulted in specified convictions, the DMV is required to suspend or revoke the privilege of a person to operate a motor vehicle for 2, 3, 4, or 5 years, as specified. Existing law requires the department to suspend the privilege of a person to operate a motor vehicle for 10 months if they are convicted of a DUI and their blood-alcohol concentration was 0.20% or more or they refused to take a chemical test, and the court refers the person to participate in a licensed program that provides alcohol or drug recovery services, as specified. This bill would require the DMV to suspend the privilege of a person to operate a motor vehicle for 1 year if a person is convicted of DUI. The bill would require the DMV to suspend or revoke the privilege of a person to operate a motor vehicle for 3, 5, or 10 years, as specified, if a person is convicted of DUI and the offense occurred within 10 years of a separate violation or 2 or 3 separate violations for DUI that resulted in specified convictions. The bill would also require the DMV to permanently revoke the privilege of a person to operate a motor vehicle if a person is convicted of DUI and the offense occurred within 10 years of 4 or more separate violations. The bill would require the department to suspend the privilege of a person to operate a motor vehicle for 16 months who is convicted of a DUI and whose blood-alcohol concentration was 0.20% or more or who refused to take a chemical test, and who is referred by the court to participate in a licensed program that provides alcohol or drug recovery services, as specified. The bill would make other conforming changes. 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.
Under existing law, it is unlawful to drive a motor vehicle while under the influence (DUI) of alcohol or 0.08% or more, by weight, of alcohol in one's blood. A first violation of this prohibition is punishable as a misdemeanor. Under existing law, if a person is convicted of a DUI violation and the offense occurs within 10 years of one or 2 separate DUI violations that resulted in specified convictions, the offense is also punishable as a misdemeanor, as specified, with escalating fines, suspensions, and other sanctions. Under existing law, if a person is convicted of a DUI violation and the offense occurs within 10 years of 3 or more separate DUI violations that resulted in specified convictions, the offense is punishable either as a misdemeanor or as a felony. This bill would make a conviction of a DUI violation with the offense occurring within 10 years of one or 2 separate DUI violations that resulted in specified convictions also punishable either as a misdemeanor or as a felony. By increasing the punishment for a crime, the bill imposes 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, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney or other prosecuting officer to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. This bill would add the crime of conspiracy to commit murder whereby the conspiracy involves premeditated planning of an attack that is intended to cause multiple deaths or target a school, place of worship, or other public location to the list of offenses for which a juvenile may be transferred to a court of criminal jurisdiction pursuant to the above-described provisions.
Existing law requires each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel. This bill, the Domestic Violence Offender Registration Act, would require the department, upon an appropriation by the Legislature, to create a database for the purpose of storing and sharing information with local agencies and the court, regarding persons convicted of a registrable offense, as defined. The bill would also require the department to publish that information on its internet website, as specified. The bill would require the offender, as defined, to register, for up to 20 years, certain information including their place of birth and current address with the law enforcement agency having jurisdiction over their residence, as specified. The bill would create a petition process for an offender to seek removal from the registry before having completed the applicable term if they demonstrate rehabilitation and no new qualifying offenses, or they demonstrate exoneration, as specified. The bill would require the court to notify the department of certain petition-related events, including when a petition for termination from the registry is granted, denied, or summarily denied. The bill would require local agencies and the court to create a database for the purpose of storing information received from offenders pursuant to these provisions. The bill would create both civil and criminal penalties for the misuse of information disclosed pursuant to these provisions, including, if a person uses that information to commit a felony, a 5-year prison sentence in addition to and consecutive to any other punishment. The bill would also make an offender's failure to comply with registration requirements a misdemeanor, punishable by imprisonment in the county jail for up to one year. By increasing the duties on local agencies and creating new crimes, the bill would impose a state-mandated local program. The bill would declare its provisions to be 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 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 allows a person sentenced to life imprisonment without the possibility of parole who was under 18 years of age at the time of the offense to petition the court for recall of their sentence and resentencing, as specified. Existing law prohibits a person from seeking recall and resentencing pursuant to these provisions if it is pleaded and proved that the person committed certain offenses and the victim was a public safety official, including any law enforcement personnel. This bill would additionally prohibit a person from seeking recall and resentencing pursuant to these provisions for an offense that meets the definition of a school shooting, as defined.
Existing law requires that, as a condition of parole, a prisoner who has a severe mental health disorder be treated by the State Department of State Hospitals if the prisoner meets certain requirements, including, among others, that the severe mental health disorder was one of the causes of, or was an aggravating factor in, the commission of a specified crime for which the prisoner was sentenced to prison, and that prior to release on parole, the prisoner has been evaluated, as specified, and the chief psychiatrist of the Department of Corrections and Rehabilitation has certified that the prisoner has a severe mental health disorder, that the disorder is not in remission or cannot be kept in remission without treatment, that the severe mental health disorder was one of the causes or was an aggravating factor in the prisoner's criminal behavior, that the prisoner has been in treatment for the severe mental health disorder for 90 days or more within the year prior to the prisoner's parole release day, and that by reason of the prisoner's severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. This bill would instead require the chief psychiatrist of the Department of Corrections and Rehabilitation to certify that the prisoner meets three of the following criteria: a severe mental health disorder, the disorder is not in remission or cannot be kept in remission without treatment, the severe mental health disorder was one of the causes or was an aggravating factor in the prisoner's criminal behavior, the prisoner has been in treatment for the severe mental health disorder for 90 days or more within the year prior to the prisoner's parole release day, and by reason of the prisoner's severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. The bill would include sexual harassment and battery under physical harm.
Existing law establishes the Department of Justice under the direction and control of the Attorney General. Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops conducted by that agency's peace officers for the preceding calendar year, in accordance with a specified procedure. This bill would require, on or before June 1, 2027, the office of the Attorney General, in partnership with biking nonprofit groups, to compile a list of electric two-wheeled devices that do not comply with the definition of any single class of electric bicycles and that are labeled, advertised, or commonly perceived by riders or peace officers as electric bicycles or electric bicycle products. The bill would require the Attorney General to make the list available on its internet website and to update the list and internet website, when necessary.
Existing law provides for various employment programs to assist formerly incarcerated individuals in finding and retaining employment, including the Pre-Release Construction Trades Certificate Program administered by the Department of Corrections and Rehabilitation and the Prison to Employment Program administered by the California Workforce Development Board. Existing law establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. This bill would, by January 1, 2028, require the Department of Corrections and Rehabilitation, in partnership with the Department of Industrial Relations, to establish the Preapprenticeship Pathways to Employment Pilot Program. The bill would, until January 1, 2032, provide incarcerated individuals access to preapprenticeship training in the skilled construction and building trades. The bill would require the program to provide, among other things, instruction based on the Multi-Craft Core Curriculum and content coordinated with joint apprenticeship training committees. The bill would require the Department of Corrections and Rehabilitation to implement the program at one men's facility and one women's facility. The bill would require the Department of Corrections and Rehabilitation, beginning January 1, 2029, to annually report certain data regarding participation in the program to the Legislature.
Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General specified data on all stops conducted by that agency's peace officers for the preceding calendar year. Existing law defines "stop" for purposes of these provisions to mean any detention by a peace officer of a person or any peace officer interaction with a person in which the peace officer conducts a search of the person's body or property in the person's possession or control. Existing law requires the Attorney General to establish the Racial and Identity Profiling Advisory Board (RIPA) for the purpose of eliminating racial and identity profiling and improving diversity and racial and identity sensitivity in law enforcement. Existing law requires RIPA to include various members, including 2 representatives of human or civil rights tax-exempt organizations, 2 representatives of community organizations, and 2 religious clergy members, as specified. Existing law authorizes the Governor, President pro Tempore of the Senate, and Speaker of the Assembly to each prescribe up to 2 other members to membership of RIPA. This bill would require RIPA to include in its membership the president of the California District Attorneys Association, or their designee. Existing law requires RIPA to issue a report annually that provides RIPA's analysis of, among other things, the reported stop data described above. Existing law also requires the report to provide detailed findings on the past and current status of racial identity profiling and to make policy recommendations for eliminating racial and identity profiling, as specified. This bill would authorize any member of RIPA to cause a dissenting opinion to be included in the report, as specified. The bill would additionally authorize RIPA to include a response to a dissenting opinion in its report.
