Existing law, the Uniform Civil Fees and Standard Fee Schedule Act of 2005, establishes a set fee schedule for courts to implement for, among other things, filings, service, and changes of venue. Existing law authorizes the court to charge a reasonable fee that does not exceed the costs of providing the service or product, if the Judicial Council approves the fee, as specified. The bill would instead prohibit the court from charging a fee that exceeds the cost to the court of providing the service or product. The bill would require any fee not explicitly authorized by statute or rule to be approved by the Judicial Council. The bill would also require the Judicial Council, by December 1, 2027, to report to the Legislature, as specified, regarding each fee charged by a superior court in the 2026–27 fiscal year for which the revenue collected by and distributed to the court as a result of the fee exceeds the court's cost of providing the service or product. The bill would also require the Judicial Council, by December 1, 2028, and December 1, 2029, to report certain data to the Legislature, as specified, regarding the 2027–28 and 2028–29 fiscal years, respectively. Existing law authorizes trial court records to be created, maintained, and preserved in any form of communication or representation, including paper, optical, electronic, magnetic, micrographic, or photographic media or other technology. Existing law requires those court records be made reasonably accessible to the public for viewing and duplication, with a reasonable provision controlling for the costs of duplication, as specified. This bill would require court records maintained in electronic form to be viewable at the court and be available for duplication at a cost, as specified. The bill would allow a member of the public to request to view or duplicate accessible records, on the premises of the court and with the requester's equipment in a manner that does not make physical contact with the record, without being charged any fees or costs to reproduce the record, unless reproduction would result in, among other things, damage to the record or unauthorized access to the court's computer systems or networks, as specified. The bill would authorize the court to impose reasonable limits on the use of the requester's equipment that are necessary to protect the safety of the records or prevent the copying of the records from being an unreasonable burden, as specified.
(1) Existing law authorizes a person who has suffered harassment, as defined, to seek a temporary restraining order and an order prohibiting harassment. Existing law prohibits a filing fee for, and a fee for the service of process by a sheriff or marshal of, a protective or restraining order if the order is based upon stalking, unlawful violence, or a credible threat of violence. This bill, commencing January 1, 2027, would authorize a petition prohibiting harassment and any related filings to be submitted electronically, as specified. The bill would require the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to a petitioner who filed electronically to be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court. The bill, commencing January 1, 2027, would authorize a party or witness to appear remotely at the hearing on the petition for a protective order, and prohibit the superior court from charging a fee for the remote appearance. As of January 1, 2027, the bill would require the superior court of each county to develop, and post on its internet website, local rules and instructions regarding remote appearances for protective orders. The bill would make a conforming change. (2) Existing law requires a court or court facility that receives petitions for domestic violence restraining orders to permit the petitions and related filings to be submitted electronically, as specified, and prohibits a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a domestic violence restraining order, as specified. Existing law requires the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court or court facility. Existing law authorizes a party, support person, or witness to appear remotely at a domestic violence restraining order hearing. Existing law requires the superior court of each county to develop local rules and instructions for remote appearances and requires them to be posted on the court's internet website. This bill, commencing January 1, 2027, would require a court or court facility that receives petitions for domestic violence restraining orders to accept electronic filings at no charge to the petitioner, and would prohibit a superior court from charging a fee for a party, support person, or witness to appear remotely at a domestic violence restraining order hearing. (3) Existing law authorizes an elder or dependent adult who has suffered abuse to seek a protective order and prohibits a filing fee for a petition, response, or paper seeking the reissuance, modification, or enforcement of a protective order. This bill, commencing January 1, 2027, would require a court or court facility that receives petitions for protective orders for elder or dependent adults to permit those petitions and any related filings to be submitted electronically, as specified, at no charge to the petitioner. As of that date, the bill would require the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to a petitioner who filed electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court. The bill, commencing January 1, 2027, would authorize a party, representative of the county adult protective services agency, or witness to appear remotely at the hearing on a petition for a protective order for an elder or dependent adult, and prohibit the superior court from charging a fee for the remote appearance. The bill, commencing January 1, 2027, would require the superior court of each county to develop, and post on its internet website, local rules and instructions regarding remote appearances for protective orders for elder or dependent adults. As of that date, the bill also would require information regarding electronic filing and access to the court's self-help center to be prominently displayed on each superior court's home page, and require each self-help center to maintain and make available information related to elder abuse restraining orders. Existing law, upon the filing of a petition for protective orders for an elder or dependent adult, requires the respondent to be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any declarations in support of the petition, at least five days before the hearing. This bill, as of January 1, 2027, would authorize a court to permit an alternative method of service, as specified, if at the time of a hearing with respect to an order issued based on an ex parte temporary protective order, the court determines that, after diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the restrained party is evading service or cannot be located.
Existing law prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement. Existing law prohibits a person from installing or affixing on a vehicle a casing, shield, frame, border, product, or other device that obstructs or impairs the reading or recognition of a license plate by an electronic device operated by state or local law enforcement, an electronic device operated in connection with a toll road, high-occupancy toll lane, toll bridge, or other toll facility, or a remote emission sensing device, as specified. Existing law also prohibits the sale of a product or device that obscures, or is intended to obscure, the reading or recognition of a license plate by visual means, or by an electronic device in violation of the above-described provisions. A conviction for a violation of this provision is punishable by a fine of two hundred fifty dollars $250 per item sold or per violation. A violation of the Vehicle Code is a crime. This bill would further prohibit a person from installing or affixing a shade or tint that obstructs the reading or recognition of a license plate by an electronic device operated by state or local law enforcement, an electronic device operated in connection with a toll road, high-occupancy toll lane, toll bridge, or other toll facility, or a remote emission sensing device, as specified. The bill would further prohibit the manufacture of these products and devices in the state and impose a $1,000 fine per item sold or manufactured for a violation of these provisions. The bill would also make clarifying changes. By creating a new 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 required the Chancellor of the California Community Colleges, on or before June 1, 2023, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature outlining a plan to implement the program. Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and requires the commission, within 2 years of the submission of the report, to approve and adopt the education criteria for peace officers, based on the recommendations in the report. This bill would repeal the requirement for the commission to approve and adopt the criteria described above. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances. This bill would expand these provisions to allow legal professionals and attorney support personnel, as defined, to apply for these clearances. The bill would revise the names of these clearances to annual gate clearances and short-term gate clearances. The bill would also require the department to, upon request, give a short-term gate clearance for any institution without the requirement to apply for a long-term gate clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state.
The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified. Existing law makes a restitution order in a case in which a victim suffered economic loss as a result of the defendant's conduct, as specified, enforceable as if it were a civil judgment. This bill, the Restitution First Act, would also require that a restitution order be paid before all fines, restitution fines, penalty assessments, and other fees, as specified. The bill would also make nonsubstantive, conforming changes.
Under existing law, the Legislature finds and declares that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice, and that programs should be available for incarcerated persons, including educational, rehabilitative, and restorative justice programs that are designed to promote behavioral change and to prepare all incarcerated persons for successful reentry into the community. Existing law directs the Department of Corrections and Rehabilitation to maintain a mission statement consistent with these principles. This bill would make legislative findings and declarations relating to corrections and rehabilitation, including, among others, that the Legislature recognizes that life in prison can never be the same as life in a free society, and that active steps should be taken to make conditions in prison as close to normal life as possible, aside from loss of liberty, to ensure that this normalization does not lead to inhumane prison conditions. The bill would direct the department to maintain a mission statement consistent with the principles of normalization and dynamic security, and would require the department to facilitate access for community-based programs. Existing law provides that the primary objective of adult incarceration is to facilitate the successful reintegration of the individuals in the department's care back to their communities equipped with the tools to be drug-free, healthy, and employable members of society by providing education, treatment, and rehabilitative and restorative justice programs in a safe and humane environment. This bill would include that the primary objective of adult incarceration is to promote personal growth for all residents in the department's care. The bill would also provide that the department should develop training for all correctional staff on the principles of normalization and dynamic security in order to meaningfully effectuate these principles.
Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files, as defined. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action. This bill would delete that authority and instead specify that the county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings, and the county counsel or city attorney representing the child welfare agency or probation department in connection with the administration or review of child welfare or probation services, as specified, may access juvenile case files. The bill would also authorize an attorney representing a party in a civil proceeding, as defined, filed by, or on behalf of, the person who is the subject of the juvenile case file in which the defendant is either the child welfare agency, probation department, or an employee of those entities to inspect and receive copies of a juvenile case file for use in the civil proceeding, as specified. The bill would additionally authorize an attorney representing a person who is or was the subject of juvenile proceedings under specified provisions to access juvenile case files. By imposing additional duties on local entities to provide access to these records, 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 requires the Chancellor of the California Community Colleges, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature outlining a plan to implement the program. Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and requires the commission to approve and adopt the education criteria for peace officers, based on the recommendations in the report. This bill would repeal the requirement for the commission to approve and adopt the criteria described above. Existing law requires a peace officer to meet specified requirements, including, to be a high school graduate or meet equivalency standards, as specified, or to attain a 2-year, 4-year, or advanced degree from an accredited college or university. This bill would authorize specified credential evaluation services to evaluate the equivalency of a foreign college or university degree for purposes of attaining a degree as described above. The bill would require, commencing January 1, 2031, a peace officer, as specified, to attain one or more specified degrees or certificates no later than 36 months after receiving their basic certificate by the commission, as specified, unless the person is employed by the Department of Corrections and Rehabilitation or as a deputy sheriff of specified counties and is employed to perform duties relating to custodial facilities, as specified, has at least 8 years of experience as a sworn peace officer of another state or at least 8 years of military service in the Armed Forces of the United States, as specified, is employed as a peace officer by the State Department of State Hospitals, or is, as of December 31, 2030, currently enrolled in a basic academy or is employed as a peace officer by a public entity in California. The bill would require a peace officer with experience as a sworn peace officer from another state or with experience serving in the Armed Forces of the United States who served for less than 8 years, as specified, to attain one or more of the specified degrees or certificates no later than 48 months after receiving their basic certificate by the commission. The bill would authorize coursework completed as part of military or law enforcement training to count toward a degree or certificate, as specified.
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.