(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.
(1) Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. Existing law requires an applicant for licensure as a registered nurse to comply with specified education and other requirements. This bill would also require an applicant for licensure as a registered nurse to undergo a fingerprint-based state and national criminal history background check, would require the board to submit to the Department of Justice (department) fingerprint images and related information for applicants, and would require the department to provide a state- and federal-level response, as specified. (2) Existing law requires the department to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers and officials, as well as other prescribed entities, including, among others, a city, county, city and county, or district, if needed in the course of their duties. Existing law authorizes the Attorney General to furnish state summary criminal history information and, if authorized, federal-level criminal history information, upon a showing of a compelling need, to specified entities, including, among others, peace officers of the United States, other states, or territories or possessions of the United States. Existing law makes it a misdemeanor to furnish criminal history information to a person who is not authorized by law to receive it. This bill would instead make those provisions applicable to a city, county, city and county, or governmental district. The bill would also authorize the Attorney General to provide that information to peace officers of tribes in other states under the same conditions. The bill would prescribe a procedure by which a city, county, city and county, or governmental district submit fingerprint images and related information to the department. The bill would make a release of information by the department under these provisions subject to specified federal regulations. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. (3) Existing law requires employees, prospective employees, volunteers, contractors, and subcontractors of a criminal justice agency to undergo a fingerprint-based state and national criminal history background check. Existing law requires the department to provide a state- and federal-level response, as specified. This bill would make that provision, with regard to a volunteer, contractor, or subcontractor, only applicable to a volunteer, contractor, or subcontractor who either provides services for the administration of criminal justice or has direct or remote access to the criminal justice agency's systems or unescorted access to a criminal justice agency's facilities. (4) Existing law requires employees of entities that have contracts with a private school or heritage school and provide services, including schoolsite administrative or grounds, landscape maintenance, and instruction, to provide their fingerprints to the department, as specified. Existing law requires employees of an entity that contracts with a local educational agency to complete a criminal background check, as specified. Under existing law, a county, city, city and county, or special district is required to have specified prospective employees or volunteers complete a background check that inquires as to whether the applicant has been convicted of certain offenses. Existing law also requires the submission of fingerprints to the department for certifying a massage professional, licensing a professional fiduciary, registering a tax preparer, confirming the appointment of a humane officer, working for a bank or its affiliates, and licensing an escrow agent, as specified. Existing law requires the department to ascertain whether the individual whose fingerprints were submitted has been arrested or convicted of a crime and notify the employer if the person has been convicted of specified felonies. Existing law authorizes the department to notify specified entities of pending criminal proceedings. This bill would instead require those background checks to be submitted pursuant to the provisions above and would make conforming changes. (5) Existing law authorizes a human resource agency, as defined, or a nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children to request from the department records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position in which they would have supervisory or disciplinary power over a minor or any person under their care. This bill would revise and recast those provisions to instead allow a qualified entity, as defined, to require a covered individual, as defined, to undergo a fingerprint-based state and national criminal history background check and would authorize a qualified entity to get a subsequent arrest notification pursuant to the provisions above. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. The bill would make any statutory requirement for an entity to conduct a federal criminal history information check for licensing, certification, or employment purposes inapplicable until the Federal Bureau of Investigation authorizes the entity to conduct a federal criminal history information check, as specified. If the Federal Bureau of Investigation authorizes an entity to conduct a federal criminal history information check, the bill would require the entity to require an applicant, licensee, certified individual, or employee who did not previously undergo a federal criminal history information check to resubmit their fingerprints for that purpose. (6) Existing law requires an application used to determine the eligibility to own a firearm to include 2 copies of the applicant's fingerprints. This bill would instead require an applicant for a certificate of eligibility and a dangerous weapons license or permit issued by the department, including, among other weapons, an assault weapon or short-barreled shotgun, to submit to the department fingerprint images and related information for purposes of conducting a state and national criminal history background check, as specified, and for the purpose of determining if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The bill would require the department to retain the fingerprint impressions for subsequent arrest notification, as specified. (7) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the State Department of Health Care Services to screen all providers and designate each provider as "limited," "moderate," or "high" categorical risk. For all providers designated as a "high" categorical risk, existing law requires the State Department of Health Care Services, or its designee, to conduct a criminal background check and require specified individuals to submit a set of fingerprints within 30 days of the State Department of Health Care Services's request in a manner specified by the State Department of Health Care Services. This bill would instead add the State Department of Public Health in place of the State Department of Health Care Services's authority to have a designee for these purposes. The bill would require, as an alternative to the State Department of Health Care Services, the State Department of Public Health to prescribe the manner by which a person submits their fingerprints. (8) Existing law requires the State Department of Health Care Services to require that specified applicants, providers, and individuals submit fingerprint images and related information for purposes of a state and federal criminal background check and prescribes a procedure for the State Department of Health Care Services and the department to follow for these purposes. This bill would also add the State Department of Public Health to this requirement and procedure as an alternative to the State Department of Health Care Services and would instead require the information be submitted for specified individuals who are subject to a state and national criminal history background checks. The bill would define "applicant" and "provider" for these purposes. (9) Existing law requires the State Department of Social Services to license and regulate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and childcare centers. Existing law requires the department to obtain a criminal record for all applicants for licenses for these facilities and services and specified other employees and officers of these facilities, including, among others, adults responsible for the administration or direct supervision of staff, a staff person, volunteer, or employee who has contact with clients, and, if the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in a like capacity. This bill would expand the list of individuals to include, among others, an administrator, supervisor, manager, or director of the facility, or an individual acting in those roles, an adult responsible for the operation of the facility, and a person with a 10% or greater financial interest in the applicant. The bill would clarify that a staff person, volunteer, or employee who has direct contact with clients includes adults and minors. The bill would also include limited liability companies in the list of applicant types to which these provisions apply. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. (10) Existing law authorizes specified governmental entities to require employees, prospective employees, volunteers, contractors, and subcontractors to undergo fingerprint-based state and national criminal history background checks. Existing law establishes the Business and Consumer Services Agency, the California Housing and Homelessness Agency, and the Housing Development and Finance Committee. Existing law sets forth the general responsibilities and roles of the California Housing Finance Agency, the California Housing and Homelessness Agency, the Department of Housing and Community Development, and the Housing Development and Finance Committee in carrying out state housing policies and programs. This bill would authorize the Housing Development and Finance Committee to require an employee, prospective employee, volunteer, contractor, or subcontractor to undergo a fingerprint-based state and national criminal history background check, as specified. The bill would require the department to provide a state- and federal-level response. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. (11) Existing law, the Yacht and Ship Brokers Act, prohibits a person from, among other things, acting as a broker or salesperson for the purchase or sale of a yacht without a license. The act authorizes the issuance of a temporary license to a salesperson under specified conditions. The act requires an applicant for a broker or salesperson license to undergo a fingerprint-based state and national criminal history background check. This bill would authorize a temporary license to be issued to a broker. The bill would also authorize the Deputy Director of Boating and Waterways to extend the term of a temporary license or issue a new temporary license to provide an applicant for a broker or salesperson license time to comply with the criminal history background requirement, as specified. (12) This bill would incorporate additional changes to Section 44237 of the Education Code proposed by SB 685 to be operative only if this bill and SB 685 are enacted and this bill is enacted last. (13) This bill would incorporate additional changes to Section 11105 of the Penal Code proposed by AB 2001 to be operative only if this bill and AB 2001 are enacted and this bill is enacted last. (14) 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. (15) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law makes it a crime to, by force, threat of force, or physical obstruction that is a crime of violence, intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship. This bill would make it unlawful for a person to, within a radius of 100 feet from an entrance or exit of a place of religious worship, as defined, intentionally approach another person seeking to enter or exit a place of religious worship within 8 feet of that person to either pass a leaflet or handbill to, display a sign to, or engage in oral protest or education or to harass, obstruct, threaten, or intimidate the person or occupant. The bill would, for the purposes of determining that distance, measure from the body of the person seeking to enter or exit, or the exterior of a motor vehicle they occupy, to the body of, or any sign or object held by, the other person. The bill would prescribe specified fines, imprisonment, or fine and imprisonment for a violation of these provisions. By creating a new crime, 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, requires each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, to make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable, except with respect to public records exempt from disclosure by express provisions of law. Existing law requires, upon request, an exact copy to be provided unless it is impracticable to do so. This bill would specify that a recording of a call or a written communication that is maintained by a state or local agency that reports or describes an incident, as defined, occurring at a private detention facility, and specified records relating to that call or communication in the possession of a law enforcement agency, are not confidential, and would require an agency to disclose those records upon request to any member of the public. By requiring agencies to disclose certain records to the public, the bill would increase the duties of local officials and create a state-mandated local program. Existing law specifies that, except as provided, the act does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. This bill would also except the above-described requirements relating to records relating to private detention facilities from that provision, but would specify that those requirements do not apply to the office of the Attorney General, the Department of Justice, the Department of Consumer Affairs, or any state entity within the Department of Consumer Affairs, as specified. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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 requires a prosecuting attorney to disclose to the defendant or their attorney all relevant real evidence seized or obtained as a part of the investigation of the offenses charged that is in the possession of the prosecuting attorney or known to be in the possession of the investigating agencies. Existing law requires the disclosures to be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred. Existing law prohibits an attorney from disclosing or permitting to be disclosed to a defendant, members of the defendant's family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. Existing law authorizes an attorney to disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant's case if that disclosure is required for that preparation. This bill would require the court, in specified criminal cases involving sexually explicit material depicting an adult victim, to issue a protective order governing the disclosure of that material, with conditions sufficient to safeguard the victim's privacy, prevent unnecessary copying, transmission, or dissemination of the material, and ensure the defendant's right to a fair trial and a meaningful opportunity to participate in their own defense. This bill would, if the court issues that protective order, prohibit the parties from disclosing to any person copies of sexually explicit material depicting an adult victim, unless specifically permitted to do so by the protective order. The bill would authorize an attorney for any party to disclose or permit to be disclosed copies of sexually explicit material depicting an adult victim subject to the protective order, to a person necessary for the preparation of the case, including the defendant. The bill would, if a party receives any other sexually explicit material of the adult victim, require the party to notify the court for inclusion of the material in any existing protective order, or inclusion in a new or separate protective order. By increasing duties on local prosecutors, this bill would impose a state-mandated local program. This bill would clarify that these provisions do not relieve the prosecution from the duty to disclose the existence of any relevant or exculpatory evidence nor affect the admissibility of any relevant evidence in court. 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 prohibits human trafficking, defined as, among other things, violating the personal liberty of another person with the intent to engage in specified sex offenses. Existing law prohibits pimping, defined as deriving support from the earnings of another person's prostitution, and pandering, defined as procuring another for purposes of prostitution or persuading someone to become a prostitute. This bill would, in any prosecution for a violation of those crimes in which the victim was a minor, prohibit any plea agreement, nonprosecution agreement, immunity agreement, anonymity, or other disposition from granting immunity to any person other than the defendant unless that person is specifically named in the written agreement, and the agreement is approved by the court after a hearing in which victims are given notice and an opportunity to be heard. By increasing duties on local prosecutors, 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, 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 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, consistent with the intent of Proposition 57, authorize the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction when the minor is alleged to have committed certain specified offenses when the minor was 14 or 15 years of age and was previously convicted in a court of criminal jurisdiction and is now subject to resentencing in juvenile court pursuant to specified provisions.
This measure would recognize and affirm the important role of artists, arts organizations, creative arts therapists, and arts for health initiatives in supporting behavioral health, promoting recovery, strengthening community resilience, and contributing to public safety. The measure would encourage and recognize exploration, support, and integration of arts and behavioral health within California's health care, behavioral health, and community-based systems.
Existing law, subject to an appropriation in the annual Budget Act, requires the Department of Housing and Community Development to provide, under the Transitional Housing Program, funding to counties for allocation to child welfare services agencies to help young adults who are 18 to 24 years of age, inclusive, secure and maintain housing, with priority given to young adults formerly in the state's foster care or probation systems. Existing law, subject to an appropriation in the annual Budget Act, also requires the department to allocate funding to counties under the Housing Navigation and Maintenance Program to help young adults who are 18 to 24 years of age, inclusive, secure and maintain housing, with priority given to young adults currently or formerly in the foster care system. This bill would extend the age of eligibility for the Housing Navigation and Maintenance Program to young adults who are 18 to 28 years of age, inclusive, and would, instead, give priority to nonminor dependents and young adults formerly in the state's foster care or probation system, as defined. The bill would specify the eligible uses of the funding allocated to a county child welfare agency under the Housing Navigation and Maintenance Program. Existing law requires a child welfare agency that accepts any distribution of money under either program to report certain data to the department on an annual basis, including specified information relating to the number of homeless youth served and the number of former or current foster youth served, as defined. This bill would revise those reporting requirements to instead require information about the number of young adults served, including the number of young adults formerly in the state's foster care or probation system, as defined, and would require additional information to be reported under the Housing Navigation and Maintenance Program related to housing vouchers, as specified.
