The Secretary of State is the chief elections officer of the state, and the Attorney General is the chief law officer of the state. Existing law requires a state or local agency that files or is served with an elections-related claim arising under federal law to provide written notice to the Secretary of State and the Attorney General within 3 court days. Existing law requires a state or local agency that intends to enter into a settlement, consent decree, or other court-approved agreement related to the claim to provide a draft copy of the settlement, consent decree, or agreement to the Secretary of State and the Attorney General at least 14 court days before entering into it. This bill would require a local agency, political subdivision, or elections official to provide notice to the Secretary of State and the Attorney General immediately, but no later than one calendar day, after becoming aware of any warrant, subpoena, or active law enforcement investigation pertaining to any election records or certified voting technology under their custody or control. The bill would authorize the Secretary of State or the Attorney General to intervene in, or initiate, any court proceedings to challenge a warrant or subpoena on any valid grounds or seek any other appropriate relief. The bill would repeal these provisions on January 1, 2030. By increasing the duties of local elections officials, this bill would create 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits the consideration of a person as a candidate for, and provides that the person is not eligible to be elected to, any state or local elective office if the person has been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes. This bill would additionally prohibit the consideration of a person as a candidate for, and provide that the person is not eligible to be elected to, any state or local elective office if they have been convicted of a felony involving sexual assault or human trafficking, as defined.
Existing law prohibits law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during a custodial interrogation of a person 17 years of age or younger. This bill would prohibit a law enforcement officer from seeking statements or information while working undercover, or by individuals working in collaboration with, or acting as agents of, law enforcement, from a person who was 17 years of age or younger during the commission of crime and who is under 26 years of age while in custody. The bill would direct a court to consider any willful failure of a law enforcement officer in violation of these provisions in determining the credibility of that law enforcement officer. The bill would specify that these provisions do not apply to the admissibility of statements or information provided to an officer or individuals working in collaboration with law enforcement that were sought to protect against an imminent threat to life.
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. Existing case law prohibits the use of a minor's statements made at a transfer hearing or to a probation officer from being used during a criminal prosecution of the minor transferred to the court of criminal jurisdiction. This bill would codify existing case law to prohibit the use of the minor's statements made during a transfer hearing or to the minor's probation officer for the purposes of preparing a report for a transfer hearing from being used against the minor during subsequent juvenile proceedings or subsequent criminal proceedings, as specified. This bill would state that the provisions of this bill are declaratory of existing law.
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 who has suffered an arrest for, or was charged with, any offense that did not result in conviction or who was convicted of an eligible offense, as defined, to petition the court to have their records of that conviction, charge, or arrest sealed if 4 years have elapsed since the date, including, among others, on which the person was arrested, as specified, or on which the defendant 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 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, or a sex offense. The bill would authorize a criminal justice agency to access and use a conviction record sealed pursuant to these provisions as required by an initiative statute and for the limited purpose of determining eligibility and suitability of a defendant for diversion. 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 Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed specified crimes when they were under 25 years of age. Existing law makes a person who was convicted of a controlling offense that was committed when the person was under 18 years of age and for which the sentence is life without the possibility of parole eligible for release on parole at a youth offender hearing by the board during the person's 25th year of incarceration. Existing law specifies that these provisions do not alter the rights of a victim at a parole hearing. Under existing law, a murder perpetrated by specified means or under certain circumstances is defined as murder of the first degree. Existing law, as added by Proposition 7, an initiative measure approved by the voters at the November 7, 1978, statewide general election, requires that a person convicted of first-degree murder be subject to death or confinement in prison for a term of life without the possibility of parole in any case in which specified special circumstances are charged and found to be true. Proposition 7 does not provide for amendment by the Legislature. This bill, the Youth Rehabilitation and Opportunity Act, would instead make a person who was convicted of a controlling offense that was committed when the person was 25 years of age or younger and for which they were sentenced to life without the possibility of parole eligible for parole after their 25th year of incarceration, except as specified. The bill would require the board to complete, by January 1, 2028, all hearings for individuals who are or will be entitled to have their parole suitability considered at a youth offender parole hearing by these provisions, as specified.
Existing law, as added by the Victims' Bill of Rights, approved as Proposition 8 at the June 8, 1982, statewide primary election, and as amended by the Gang Violence and Juvenile Crime Prevention Act of 1998, approved as Proposition 21 at the March 7, 2000, statewide primary election, among other things, defines a serious felony. 2 3 vote, or by a statute that becomes effective only when approved by the voters."?> Existing law prohibits plea bargaining in a case in which a serious felony is charged and imposes a 5-year enhancement for conviction of a serious felony if the person has previously been convicted of a serious felony. This bill would include knowingly furnishing fentanyl to a minor within the definition of a serious felony. By expanding the scope of an enhancement, 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 sets the period of parole for a person sentenced to prison for first- or 2nd-degree murder pursuant to specified provisions to be the remainder of the person's life. Existing law requires a person subject to those provisions who is on parole and who violates the law or the conditions of their parole to be remanded to the custody of the Department of Corrections and Rehabilitation and the jurisdiction of the Board of Parole Hearings for the purpose of future parole consideration. Existing law also sets the parole period for a person released on parole from state prison on or after July 1, 2020, and who was sentenced to life, to no more than 3 years. This bill would authorize the court to remand a person sentenced to prison for first- or 2nd-degree murder pursuant to specified provisions and released on parole on or after July 1, 2020, and who the court determines has committed a violation of law or the conditions of their parole, to the custody of the Department of Corrections and Rehabilitation and the jurisdiction of the Board of Parole Hearings for the purpose of future parole consideration, if the court finds that this is in the furtherance of justice. The bill would, if the court does not remand the person to the custody of the Department of Corrections and Rehabilitation, instead subject the person to a period of confinement in the county jail, as specified.
This measure would strongly condemn and denounce mass immigration raids that target immigrant workers and families in California and the engagement of the military in immigration enforcement operations and in response to community protests. This measure would affirm support for safeguarding the rights and safety of all Californians, regardless of immigration status, and support, among other things, the expansion of legal services and emergency response resources to protect workers, children, and families affected by immigration enforcement.
Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, successfully participated as a member of a county incarcerated individual hand crew, or participated in an institutional firehouse program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Existing law requires the court to provide a copy of the petition to the Department of Corrections and Rehabilitation or the appropriate county authority. Under existing regulations of the Emergency Medical Services Authority, specified public safety personnel, including peace officers and firefighters, are required to have specified emergency medical services training, which may be satisfied by certification as an emergency medical technician. This bill would require the Department of Corrections and Rehabilitation or a county authority, upon the release of a defendant, to certify to the court in the county where the defendant was sentenced that the individual successfully participated in one of the above-described programs and to provide a copy of that certification to the defendant. The bill would delete the requirement that a court provide a copy of a defendant's petition to the department or a county authority. The bill would prohibit an individual who has had their criminal pleading dismissed under these provisions from being denied a certification as an emergency medical technician or any other license or certification required to work as a firefighter based solely on their arrest or conviction history, as described. By requiring additional reporting from county authorities, 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, 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.
