Existing law, the Electronic Communications Privacy Act, prohibits a government entity from compelling the production of, or access to, electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant to specified conditions. Existing law authorizes a government entity to access electronic device information by means of physical interaction or electronic communication with the device in certain circumstances, including, pursuant to the specific consent of the authorized possessor of the device or if the government entity, in good faith, believes that an emergency involving danger of death or serious physical injury to a person requires access to the information. Existing law requires a government entity that obtains electronic information pursuant to an emergency involving danger of death or serious physical injury to a person, within 3 court days after obtaining the electronic information, to file with the appropriate court an application for a warrant or order setting forth the facts giving rise to the emergency. Existing law requires the court to promptly rule on the application and to destroy all information obtained upon a finding that the facts did not give rise to an emergency or upon rejecting the application on any other ground. This bill would additionally authorize a government entity to access electronic device information with the specific consent of an individual who locates a tracking or surveillance device, as defined, and the device is reasonably believed to have been used to track or record the individual without their permission. The bill would require a government entity that obtains information through this method, within 3 court days after obtaining the electronic information, to follow the above process for applying for a warrant or order from a court by setting forth the facts that describe the circumstances and would require the court to promptly rule on the application and order the immediate destruction of all information obtained upon a finding that the facts were not as described. Existing law authorizes an individual whose information is targeted by a warrant, order, or other legal process, or other specified recipients of a warrant, that is inconsistent with the act or the California or United States Constitution, to petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of the act or the California or United States Constitution. This bill would recast the provisions described above to authorize an individual whose information is sought or obtained by a government entity in a manner that is inconsistent with the act or the California or United States Constitution, or other specified recipients of a warrant, order, legal process, request, or demand seeking the individual's information, to petition a court to void or modify the warrant, order, other legal process, request, or demand to order the destruction of the information.
Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court, under penalty of perjury, for vacatur relief. Existing law requires a court that issues an order for relief pursuant to these provisions to also order specified law enforcement agencies to seal and destroy their records of the offense. This bill would authorize a person arrested for or convicted of an eligible offense, as defined, before the person was 26 years of age to petition the court to have their records of that conviction or arrest sealed and destroyed if 4 years have elapsed since the date on which the person was arrested or completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever was later, during which the person has not been convicted of a new offense. The bill would require a court granting this relief to also order specified law enforcement agencies to seal and destroy their records. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would exclude specified offenses from being considered an eligible offense, including, among others, a serious or violent felony, a sex offense, or an offense that may be plead and proved as a prior offense for purposes of imposing an increased sentence or enhancement upon conviction. 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 makes it a misdemeanor to report an emergency to specified government entities knowing that report to be false. Existing law makes it a misdemeanor to initiate communication with the 911 emergency system with the intent to annoy or harass another person. This bill would make a 2nd or subsequent violation of these provisions, and which results in an unnecessary emergency response, punishable as a misdemeanor or felony for a person who was 18 years of age or older at the time the person committed the prior offense or offenses. By increasing the penalty for existing crimes, the bill would impose a state-mandated local program. Existing law makes an individual convicted of the crimes described above liable to a public agency for the reasonable costs of an emergency response by the public agency. The bill would extend those liability provisions to property damage incurred as a result of the emergency response. 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 establishes procedures by which a person may petition the court for certain protective or restraining orders, including civil harassment restraining orders, domestic violence restraining orders, elder or dependent adult abuse restraining orders, gun violence restraining orders, postsecondary school restraining orders, and workplace violence restraining orders, to enjoin a restrained person from taking specified actions. Beginning January 1, 2026, upon a court's issuance of such a protective order, existing law will require the restrained person to relinquish any firearm and ammunition in that person's immediate possession or control, according to specified procedures. Existing law prescribes procedures by which the restrained person must certify compliance with the court, and for the court to determine, by a preponderance of the evidence, whether the person has a firearm in violation of the order. This bill would make clarifying and conforming changes to the procedures relating to the protective or restraining orders described above by explicitly requiring the restrained person to relinquish, in addition to any firearm, any ammunition in that person's immediate possession or control. The bill would require courts to permit a party, support person, or witness to appear remotely at a hearing for a postsecondary educational institution or workplace violence restraining order at no cost. This bill would also require courts to develop rules and instructions for such remote appearances and to post them on its website. (2) Existing law requires a peace officer who is at the scene of a domestic violence incident or enforcing a domestic violence restraining order or gun violence restraining order to take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or otherwise lawful search, as specified. This bill would additionally require a peace officer to take temporary custody of any ammunition in plain sight or discovered pursuant to such a search. By expanding the duties of local law enforcement agencies, 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 allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking, intimate partner violence, or sexual violence, to petition the court, under penalty of perjury, for vacatur relief. Existing law requires, to receive that relief, that the crime for which the person was arrested or convicted was a nonviolent offense and that the person establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking, intimate partner violence, or sexual violence. Existing law authorizes the court to vacate the conviction if it concludes that the petitioner was a victim of one of those crimes at the time of the alleged commission of the offense, the arrest was a direct result of being a victim of that offense, and the vacatur is in the best interest of justice. This bill would allow that relief for a person arrested or convicted of any offense, except murder, as specified. Because this bill would authorize more petitions to be filed under penalty of perjury, by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. If a court issues an order for a person who was arrested or convicted of an offense while they were a victim of intimate partner violence or sexual violence, existing law requires the court to order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within 3 years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. This bill would require the court to also order any law enforcement agency that has taken action or maintains records related to or because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole, to seal and destroy their records. The bill would require those agencies to seal their records of arrest and the court order to seal and destroy the records within one year from the date of arrest, or within 90 days after the court order is granted, whichever occurs later. The bill would require the agencies to destroy these records within one year of the date of the court order. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would also require the Department of Justice to notify the petitioner and the petitioner's counsel that the department has complied with the order to seal the arrest records by the applicable deadline. Existing law creates an affirmative defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a victim of human trafficking, intimate partner violence, or sexual violence at the time of the offense and when the person had reasonable fear of harm. Existing law prohibits this defense from being used with respect to a violent felony, as defined. This bill would allow that defense to be used with respect to a violent felony, except for murder, as specified. 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 establishes in the Natural Resources Agency the Department of Forestry and Fire Protection, and requires the department to be responsible for, among other things, fire protection and prevention, as provided. Existing law establishes the California Conservation Camp program for the purpose of having incarcerated persons work on projects supervised by the department. Existing law requires the department to utilize incarcerated persons assigned to conservation camps in performing fire prevention, fire control, and other work at the department. This bill would require the department to, in partnership with the Department of Corrections and Rehabilitation and the California Conservation Camp program, implement a standardized process to ensure that all individuals who complete the department's firefighting training program (FFT program) while incarcerated receive official written certification before their release, as specified. The bill would require the department to, on or before January 1, 2027, award hiring preference under Category Placement 2 to qualified formerly incarcerated individuals who apply for positions with the department. The bill would also require the department to track the number of incarcerated individuals who have completed the FFT program and are set to be released within 90 days, develop and implement policies and procedures to track and report the outcomes of the Formerly Incarcerated Firefighter Certification and Employment Program, and report annually to the Legislature on the implementation and effectiveness of the program, as provided. The bill would make these provisions operative only upon an appropriation by the Legislature for its purposes, as provided.
The Trial Jury Selection and Management Act requires all persons be selected for jury service at random and from sources inclusive of a representative cross section of the population of the area served by the court. Existing law requires a trial judge to examine the prospective jurors in jury trials. Existing law gives the counsel for each party, after this initial examination, the right to examine any of the prospective jurors, as specified, in order to enable counsel to intelligently exercise both peremptory challenges and challenges for cause. Existing law requires, prior to the examination of prospective trial jurors in the panel assigned for voir dire, a specified perjury acknowledgment and agreement to be obtained from the prospective jurors. Existing law requires, after the selection of the trial jury is completed, another specified acknowledgment and agreement to be obtained from the trial jurors. This bill would revise the acknowledgment and agreements obtained from the jury panel prior to the examination of prospective trial jurors assigned for voir dire and after the completion of selection of trial jurors.
(1) Existing law establishes the Commission on Peace Officer Standards and Training (POST) to, among other functions, certify the eligibility of those persons appointed as peace officers throughout the state. Existing law authorizes POST, as specified, to decertify a certified peace officer for engaging in serious misconduct, as specified. Existing law requires any agency that employs peace officers to, within 10 days, notify POST of specified occurrences including any complaint, charge, or allegation of serious misconduct by a peace officer employed by that agency and the final disposition of any investigation into that complaint, charge, or allegation, regardless of the discipline actually imposed. Existing law provides that each law enforcement agency shall be responsible for the completion of an investigation into any allegation of serious misconduct by an officer, regardless of the officer's employment status. Existing law establishes the California Law Enforcement Telecommunications System (CLETS) within the Department of Justice to facilitate the exchange and dissemination of information between law enforcement agencies in the state. This bill would require POST employees whose job duties require access to criminal offender record information, state summary criminal history information, or information obtained from CLETS to undergo a fingerprint-based state and national criminal history background check, as specified. (2) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law makes it a crime for a person authorized by law to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized to receive it. This bill would authorize the commission and all persons for whom background checks have been completed and their duties require access to inspect or duplicate any information derived from CLETS. The bill would additionally authorize the commission and the Peace Officer Standards Accountability Division to inspect and duplicate any criminal history information, criminal offender record information, or criminal justice information, or any other sensitive, confidential or privileged information if the commission determines that the information is needed in the course of the commission's duties. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program. (3) 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make specified disbursements from the fund, including, through the 2022–23 fiscal year, reasonable costs incurred by the Department of Cannabis Control for implementing, administering, and enforcing MAUCRSA. This bill would require the Controller to make a disbursement from the fund for reasonable costs incurred by the Department of Cannabis Control for maintaining and operating the track and trace program and for conducting civil or criminal enforcement against unauthorized commercial cannabis activity, as specified. By requiring moneys in the California Cannabis Tax Fund, a continuously appropriated fund, to be used for a new purpose, the bill would make an appropriation. AUMA also requires the Controller to make a disbursement from the fund to the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of AUMA. AUMA prohibits the board from making grants to local governments that ban both indoor and outdoor commercial cannabis cultivation, or ban retail sale of cannabis or cannabis products. This bill would repeal that prohibition, thereby authorizing the Board of State and Community Corrections to make grants to local governments that ban both indoor and outdoor commercial cannabis cultivation or ban retail sale of cannabis or cannabis products. In order to be eligible for a grant, the bill would require a local government either to allow the retail sale of cannabis in storefronts or, for jurisdictions with a population of 10,000 residents or less, to allow cannabis delivery, as specified. The bill would require the board to prioritize grant awards for local governments whose grant application includes illicit cannabis enforcement, and would authorize the board to award grants both competitively and based on a formula to provide consistent and ongoing funding for local governments, as provided. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. This bill would declare that its provisions further the purposes and intent of AUMA. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make specified disbursements from the fund, including, through the 2022–23 fiscal year, reasonable costs incurred by the Department of Cannabis Control for implementing, administering, and enforcing MAUCRSA. This bill would require the Controller to make a disbursement from the fund for reasonable costs incurred by the Department of Cannabis Control for maintaining and operating the track and trace program and for conducting civil or criminal enforcement against unauthorized commercial cannabis activity, as specified. By requiring moneys in the California Cannabis Tax Fund, a continuously appropriated fund, to be used for a new purpose, the bill would make an appropriation. AUMA also requires the Controller to make a disbursement from the fund to the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of AUMA. AUMA prohibits the board from making grants to local governments that ban both indoor and outdoor commercial cannabis cultivation, or ban retail sale of cannabis or cannabis products. This bill would repeal that prohibition, thereby authorizing the Board of State and Community Corrections to make grants to local governments that ban both indoor and outdoor commercial cannabis cultivation or ban retail sale of cannabis or cannabis products. In order to be eligible for a grant, the bill would require a local government either to allow the retail sale of cannabis in storefronts or, for jurisdictions with a population of 10,000 residents or less, to allow cannabis delivery, as specified. The bill would require the board to prioritize grant awards for local governments whose grant application includes illicit cannabis enforcement, and would authorize the board to award grants both competitively and based on a formula to provide consistent and ongoing funding for local governments, as provided. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. This bill would declare that its provisions further the purposes and intent of AUMA. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
