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 provides that, except as specified, a person who assaults another with the intent to commit, among other things, mayhem, rape, sodomy, or oral copulation, shall be punished by imprisonment in the state prison for 2, 4, or 6 years. Existing law provides that a person who commits those offenses against a person under 18 years of age shall be punished by imprisonment for 5, 7, or 9 years. This bill would additionally punish assault with the intent to commit those specified offenses when committed against a dependent person, as defined, by a caretaker or other adult who has care or custody of the dependent person, if the caretaker or other adult knows or should reasonably know that the victim is a dependent person, with imprisonment for 5, 7, or 9 years. By expanding the definition of a 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 defines extortion as the obtaining of property from another, with consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right. Existing law further provides that fear sufficient to constitute extortion may be induced by certain threats, including a threat to accuse the threatened individual, or the individual's relative or family, of a crime. This bill would provide that a threat to post, distribute, or create AI-generated images or videos of another may also induce fear sufficient to constitute extortion. By expanding the crime of extortion, 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 makes a person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another guilty of torture, and makes the crime punishable by imprisonment in the state prison for a term of life. Existing law specifies that an inmate imprisoned under a life sentence shall not be paroled until they have served a term of at least 7 years or as established pursuant to a law that establishes a minimum term. This bill would prohibit a person imprisoned for committing the crime of torture from being eligible for parole until they have served at least 10 years, if the defendant is an adult who had care or custody of the victim and the victim was 14 years of age or younger at the time of the crime. By creating a new sentencing enhancement, 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 no reimbursement is required by this act for a specified reason.
Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer. Existing law authorizes an agency to redact the records disclosed for specified purposes including, among others, to remove personal data or information, as specified, and where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person. This bill would require a court in an action to compel disclosure pursuant to specified provisions, in determining whether there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of a person, to consider whether a particular peace officer is currently operating undercover and their duties demand anonymity. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by AB 847 and AB 1388, to be operative only if this bill and AB 847 or AB 1388 are enacted and this bill is enacted last.
Existing law makes it a misdemeanor to have specified tools or other items, with the intent to feloniously break or enter into a building or other specified place. Existing law makes it a misdemeanor to make, alter, or repair specified instruments if the person knows or has reason to believe the instrument is intended to be used in the commission of a misdemeanor or felony. This bill would add key programming devices, key duplicating devices, and signal extenders, as defined, to the list of instruments that are an element of the above offenses. By expanding the scope of an existing 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 prohibits a juvenile who is adjudged a ward of the juvenile court due to the commission of specified serious or violent offenses from subsequently owning, possessing, or having under their custody or control a firearm until they are 30 years of age. A violation of this prohibition is punishable as a misdemeanor or as a felony. Existing law also prohibits certain other persons, including a person who is convicted of a felony offense, from owning, possessing, or having under their custody or control a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own, possess, or have under their custody or control and specifies the procedures to be used to relinquish those firearms or ammunition. Those procedures, among other things, require the court to provide specific instructions to the defendant and to assign the matter to a probation officer to investigate whether the defendant owns, possesses, or has under their custody or control any firearms, require a law enforcement agency to update the Automated Firearms System to reflect any firearms that were relinquished to the agency pursuant to these procedures, and require a defendant to timely file a completed Prohibited Persons Relinquishment Form. Existing law makes it an infraction for a defendant to fail to timely file that form. This bill would make those procedures to relinquish firearms or ammunition applicable to a juvenile who is prohibited from owning, possessing, or having under their custody or control a firearm until they are 30 years of age. By expanding the scope of a crime and expanding the duties of local probation departments and law enforcement agencies, this bill would impose a state-mandated local program. Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, that the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person prohibited from owning, possessing, or having the custody and control of a firearm pursuant to specified provisions of law, and the court has made a finding that the person has failed to relinquish the firearm as required by law. This bill would additionally allow a search warrant to be issued when the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a juvenile who is subject to the prohibition on owning or possessing a firearm until they are 30 years of age when the court has made a finding that the person has failed to relinquish the firearm as required by law. This bill would declare that its provisions 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 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 California Public Records Act, authorizes the inspection and copying of any public record except where specifically prohibited by law. Existing law, with specified exemptions, makes confidential the personnel records of peace officers and custodial officers and certain other records maintained by their employing agencies. Existing law provides that this exemption from disclosure does not apply to investigations of these officers or their employing agencies or to related proceedings conducted by a grand jury, a district attorney's office, or the Attorney General's office. This bill would additionally grant access to the confidential personnel records of peace officers and custodial officers and records maintained by their employing agencies, as specified, to civilian law enforcement oversight boards or commissions during investigations or related proceedings concerning the conduct of those officers. The bill would require those oversight boards to maintain the confidentiality of those records, and would authorize them to conduct closed sessions, as specified, to review confidential records. The bill would additionally authorize a county inspector general to access those personnel records, as specified. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by AB 1178 and AB 1388 to be operative only if this bill and AB 1178 or AB 1388 are enacted and this bill is enacted last.
Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Existing law provides that when a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, as specified, and the person who commits the offense knows or reasonably should know that the victim is engaged in the performance of their duties, the penalty is imprisonment in a county jail not exceeding one year, a fine not exceeding $10,000, or both the fine and imprisonment. Existing law also provides that if the victim is injured, the offense would be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, 2, or 3 years, or by both that fine and imprisonment. This bill would expand this crime to apply to an employee, public transportation provider, or contractor of a public transportation provider. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. Existing law authorizes any employer or collective bargaining representative whose employee has suffered harassment, unlawful violence, or a credible threat of violence from any individual, which can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an injunction on behalf of the employee and other employees of the employer. This bill would clarify that "unlawful violence" includes battery committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, as specified, or against an employee, public transportation provider, or contractor of a public transportation provider. The bill would also clarify that the definition of "employer" for the above-described provision includes a joint powers authority or a public transit operator. 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.
