Existing law requires law enforcement agencies to maintain policies on specified subjects, including, among others, the use of force, gun violence restraining orders, and responding to domestic violence calls. This bill would require each municipal police department and county sheriff's department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments to, on or before January 1, 2027, develop, adopt, and implement written policies and standards to promote safe, consistent, and effective service, implementation, and enforcement of court protection and restraining orders that include firearm access restrictions. The bill would require these policies and standards to, among other things, provide a standard agency process for law enforcement to serve an order against a restrained person in a timely manner and ensure the agency consistently complies with specified requirements under California law governing service of protection and restraining orders. By expanding the duties of local law enforcement, 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 sets forth filing fees and other civil fees for superior courts. Existing law requires certain applicants to be granted initial permission to proceed without paying court fees and costs because of the applicant's financial condition, including an applicant whose monthly income is 200% or less of the current poverty guidelines, as specified. This bill would prohibit veterans disability service-connected compensation from being included in monthly income for purposes of that provision.
Existing law prohibits the touching of any intimate part of another person for the purpose of sexual arousal, gratification, or abuse, under specified circumstances, including if the victim is unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose. A violation of these provisions is punishable as a misdemeanor or as a felony by imprisonment in the state prison for 2, 3, or 4 years, and by a fine not exceeding $10,000. Existing law requires, in the case of a felony conviction for a violation of these provisions, the fact that the defendant was an employer and the victim was an employee of the defendant to be a factor in aggravation in sentencing. This bill would require, in the case of a felony conviction for a violation of these provisions, the fact that the defendant was employed at a hospital where the offense occurred and the victim was in the defendant's care or seeking medical care at the hospital to be a factor in aggravation in sentencing. By increasing the punishment for 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 requires the Department of Justice to maintain an index of all reports of child abuse and severe neglect submitted by an agency mandated to make those reports. Existing law requires the department to make relevant information contained in the index available to specified law enforcement agencies, county welfare departments, and other agencies that are conducting a child abuse investigation. Existing law authorizes a designated Court Appointed Special Advocate (CASA) program to submit fingerprint images and related information of employment and volunteer candidates to the department for the purpose of obtaining information as to the existence and nature of a record of a child abuse investigation contained in the Child Abuse Central Index, state- or federal-level convictions, or state- or federal-level arrests for which the department establishes that the applicant was released on bail or on their own recognizance pending trial. Existing law requires the department to charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information and prohibits the department from charging a fee for state-level criminal offender record information. This bill would instead require a CASA program to submit fingerprint images and related information of employment and volunteer candidates to the department for the purpose of conducting a state and federal criminal history background check. The bill would require the department to monitor the Child Abuse Central Index and notify the CASA program if a record of a child abuse investigation involving a CASA employee or volunteer is added to that index. The bill would impose notification and review requirements on a CASA program to request that the department remove the notification for an individual who is no longer employed by or volunteering with the CASA program, as specified. The bill would require the department to terminate notification for an individual upon receipt of that request. The bill would authorize the department to increase its fee for a CASA employment and volunteer candidate to cover the cost of processing those subsequent notifications.
Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. This bill would authorize the court to consider the fact, if pled and proven, that the defendant committed the crime of looting while impersonating emergency personnel as a factor in aggravation. Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, as specified. A violation of these prohibitions is punishable as a misdemeanor. This bill would make it a crime, punishable as a misdemeanor or a felony, for a person, other than a first responder to wear, exhibit, or use the uniform, insignia, emblem, device, label, certificate, card, or writing of a first responder with the intent of fraudulently impersonating a first responder within an area under an evacuation order, as specified. The bill would also make it a crime, punishable as a misdemeanor or a felony, to impersonate a first responder on the internet or by electronic means during an evacuation order or within 30 days of its termination for the purpose of defrauding another, as specified. Existing law, until January 1, 2029, defines the offense of aggravated arson, and defines the aggravating factors for the offense as: the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $10,100,000, or the fire caused damage to, or the destruction of, 5 or more inhabited dwellings. Existing law, commencing January 1, 2029, deletes the aggravating factor of property damage and other losses in excess of $10,100,000 from the definition of aggravated arson. This bill would state that it is the intent of the Legislature that amendments to the above-described dollar amounts are to be applied prospectively and shall not be interpreted to benefit any defendant who committed a crime or received a sentence before the effective date of the amendment. By creating a new crime and by increasing the punishment of specified crimes, 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. This bill would make the operation of its provisions contingent upon the enactment of AB 468 of the 2025–26 Regular Session.
Existing law requires each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel. This bill, Wyland's Law, would, subject to an appropriation by the Legislature, authorize the department to establish, or contract with a vendor to establish, an automated protected person information and notification system to provide a petitioner or a protected person in a protective order case with automated access to information about their case, as specified. The bill would require a record demonstrating whether the superior court has fulfilled its transmission obligations or a record demonstrating receipt of information about a protective order that the department maintains to be open to public inspection and copying.
Existing law makes it a crime to knowingly and maliciously prevent or dissuade, or attempt to prevent or dissuade, a witness or victim from causing a complaint, indictment, information, or probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof. This bill would clarify that it is a violation of the offense described above to prevent or dissuade, or attempt to prevent or dissuade, a witness or victim from either causing a complaint, indictment, information, or probation or parole violation to be sought and prosecuted, or assisting in the prosecution thereof. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would also make other technical, nonsubstantive changes. 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 notice of, and the opportunity for an incarcerated parent to be physically present in, proceedings terminating their parental rights or seeking to adjudicate the child of a prisoner a dependent child of the court. Existing law prohibits these proceedings from being adjudicated without the physical presence of the parent unless the court receives a knowing waiver from the parent of their right to be physically present at the proceedings, or an affidavit signed by a person in charge of the incarcerating institution that the prisoner does not intend to appear at the proceeding. Existing law authorizes, in the court's discretion, an incarcerated parent who has waived the right to be physically present at those proceedings to be given the opportunity to participate in the proceeding by videoconference, if that technology is available. Existing law authorizes, if videoconferencing technology is not available, the use of teleconferencing. This bill would also require notice of, and the opportunity for an incarcerated parent to be physically present in, specified additional dependency hearings relating to their child. The bill would additionally require an incarcerated parent who has waived the right to be physically present to be given the opportunity to participate in those proceedings by videoconference, and, if videoconferencing technology is not available, require the use of teleconferencing. By increasing the duties of local county jail officials, this bill would impose a state-mandated local program. Existing law entitles a minor who is the subject of a juvenile court hearing to be present at that hearing and specifies that the minor has the right to be represented at the hearing by counsel of their choice. Existing law requires the court to inform the minor, if the minor is present at the hearing, of their right to address the court and participate in the hearing. Existing law requires the court, if the minor is 10 years of age or older and not present at the hearing, to determine whether the minor was properly notified of their right to attend the hearing and inquire whether they were given an opportunity to attend. Existing law generally requires the court to continue the hearing to allow the minor to be present, if they were not properly notified or if they wished to present, but were not given the opportunity. Existing law requires the court to continue the hearing only for the period of time necessary to provide the child notice and secure their presence. This bill would expand the above provisions to include nonminor dependents. 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, 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.
