Existing law authorizes a judge of the juvenile court in which a petition was filed to dismiss the petition, or set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the minor require that dismissal, or if the court finds that the minor is not in need of treatment or rehabilitation, regardless of whether the minor is, at the time of the order, a ward or dependent child of the court. This bill would clarify that an adjudication dismissed pursuant to that provision be deemed to have not occurred and prohibit a person from suffering any future adverse questions based on an adjudication dismissed pursuant to that provision. The bill would specify that a dismissal of a sustained petition pursuant to that provision is deemed to include both dismissal of a petition and a setting aside of any findings.
Existing law provides for the prosecution of crimes by the district attorney of each county. Existing law establishes procedures for litigating claims of factual innocence based on newly discovered evidence, including a motion for a new trial or a writ of habeas corpus. This bill would, if the district attorney accepts a case for postconviction review, as defined, authorize the district attorney to file a notice with the court notifying the court of the intent to investigate a claim of factual innocence. The bill would, upon the filing of the above-described notice, deem the case to be treated as if it were an open case for the purposes of investigating a claim of factual innocence. The bill would provide the district attorney with the power to issue subpoenas, compel the production of document and testimony, and file necessary motions to investigate claims, as specified. The bill would also require all materials obtained by the district attorney to be subject to a protective order, as specified, and to be disclosed to the petitioner or the petitioner's counsel within 60 days of the termination of the investigation.
This measure would affirm the fundamental importance of indigent defense to due process, equal justice, and democratic governance, recognize public defenders as essential protectors of constitutional rights and the rule of law, and encourage the development of statewide approaches to indigent defense.
Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. Beginning July 1, 2027, this bill would additionally allow the court to issue a protective order, valid for up to the later of 10 years or until the minor victim reaches 18 years of age, restraining a defendant from any contact with a victim if the defendant has been convicted of a registerable sex offense involving a minor victim, as specified. The bill would require the Judicial Council, no later than July 1, 2027, to develop forms, instructions, and rules relating to these orders. The bill would make other conforming changes. By authorizing the issuance of protective orders in certain circumstances and the extension of certain protective orders, a violation of which is punishable as 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.
(1) Existing law establishes the Department of Corrections and Rehabilitation (department) and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law requires law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and nonevidentiary data, as defined. This bill would require the department, by July 1, 2027, to establish policies and procedures that include circumstances under which a body-worn camera may be deactivated and would require the department to ensure that those policies and procedures reflect a minimum amount of time per shift that a body-worn camera be activated, and that the camera is activated when interacting with incarcerated persons. The bill would require the department to develop audit protocols to ensure compliance. The bill would require the department's policies and procedures to authorize deactivation of a body-worn camera during specified confidential interactions and would require staff to inform the subject the reason for the deactivation and to document the time of the deactivation, the reason for the deactivation, and the time of reactivation. This bill would require the department to adopt, and update regularly, a Prison Sexual Violence Elimination policy that would outline specified principles, including, among others, that the department maintains zero tolerance for sexual violence, staff sexual misconduct, and sexual harassment in its institutions, community correctional facilities, and conservation camps, and for all offenders under its jurisdiction. (2) Under existing law, a person sentenced to imprisonment in a state prison for a felony offense, as specified, may, during that period of confinement, be deprived only of those rights as is reasonably related to legitimate penological interests. Existing law enumerates certain civil rights of these prisoners. This bill would, by January 1, 2028, require the department to develop and implement protocols for when an incarcerated person is subject to a nonroutine search or scan, including, among other things, obtaining approval from a supervising officer of rank sergeant or above before the search or scan, documenting specified information about the search or scan, and providing the incarcerated person with a written receipt or other documentation with this information. The bill would require the department, upon appropriation by the Legislature, to establish a pilot program at 3 institutions to evaluate the effectiveness of replacing unclothed body searches with scanning technology, as specified. (3) Existing law requires members of the department's Office of Internal Affairs to possess certification from the Commission on Peace Officer Standards and Training for investigators, except as specified. Existing law requires the department to conduct a complete and thorough background check prior to training a peace officer who is selected to conduct internal affairs investigations and requires each person to satisfactorily pass the background check. Existing law states that any person who has been the subject of a sustained, serious disciplinary action, as specified, shall not pass the background check. This bill would require an investigator to disclose an actual or potential conflict of interest they may have in an investigation in which they are participating. The bill would require the department to take appropriate action to remedy that conflict. The bill would require an investigator to recuse themselves from participating in an investigation or a decision related to an investigation if they have a conflict of interest involving a staff member with whom they have a personal relationship, as defined. (4) Existing law authorizes the secretary of the department to prescribe and amend rules and regulations for the administration of prisons. Under existing law, the State Civil Service Act, certain acts, including convictions of certain crimes, are cause for discipline of a state employee or of a person whose name appears on an employment list. This bill would prohibit the department from appointing a person to a position that may involve any contact with incarcerated persons, or engaging a contractor for services that may involve contact with incarcerated persons, if the department obtains information that substantiated allegations of sexual abuse in the course of their employment have been reported against them, as specified. The bill would prohibit the department from appointing any person to a position that may involve contact with incarcerated persons, or engaging a contractor for services that may involve contact with incarcerated persons, if the department learns that the person or contractor has been convicted of certain offenses, including felony domestic battery and specified sex offenses, among others. The bill would also prohibit the department from appointing any person to a position that may involve contact with incarcerated persons, or engaging a contractor for any services, if it obtains information that the person or contractor has been civilly or administratively adjudicated to have engaged in that conduct. The bill would require the department to make best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse, among other things. The bill would require the department to conduct criminal background checks every 5 years of existing employees or implement a system to otherwise capture that information. (5) Existing law makes it a misdemeanor for an employee or officer of a public entity health facility, or an employee, officer, or agent of a private person or entity that provides a health facility or staff for a health facility under contract with a public entity, to engage in sexual activity with a consenting adult who is confined in a health facility. Existing law additionally makes it a misdemeanor for specified individuals, including an employee or officer of a public entity detention facility or an employee with a department, board, or authority under the department, to engage in sexual activity with a consenting adult who is confined in a detention facility or who is an inmate, ward, or parolee, as specified. Existing law makes it a felony for any subsequent violations for a person who was previously convicted of these violations. Existing law requires a person convicted of a felony violation of the above-described provisions who is employed by a department, board, or authority within the department to be terminated, as specified, and prohibits that person from being eligible to be hired or reinstated by the department. Existing law requires administrators to report criminal sexual abuse by staff to law enforcement authorities. This bill would instead require that a person convicted of any violation of these provisions be terminated and prohibited from being reinstated by the department. The bill would also require that a person convicted of any violation of these provisions who is employed by a public entity health facility be terminated and made ineligible to be hired or reinstated by a public entity health facility. This bill would require administrators to report any known or suspected sexual abuse by staff to a local law enforcement agency. (6) Existing law establishes the Office of the Inspector General that is responsible for, among other things, contemporaneous public oversight of internal affairs investigations and staff grievance inquiries conducted by the department's Office of Internal Affairs. Existing law requires the Office of the Inspector General to have investigatory authority over all staff misconduct cases that involve sexual misconduct with an incarcerated person, as specified. This bill would authorize an incarcerated person to file an anonymous grievance relating to an allegation of sexual misconduct directly to the Office of the Inspector General, and would authorize the Inspector General to review any grievance filed from an incarcerated person, whether or not that grievance had been previously filed with the institution or hiring authority where the grievance occurred. (7) Existing regulations establish a grievance procedure for individuals in the custody of, or under the supervision of, the department. Under those regulations, a claimant is required to submit a grievance no later than 60 calendar days after discovering an adverse policy, decision, action, condition, or omission by the department. This bill would extend that time period to 120 calendar days.
(1) Existing law makes it unlawful for a person who is under the influence of any alcoholic beverage, has 0.08 or 0.04 percent or more, by weight, of alcohol in their blood, as specified, is addicted to the use of any drug, is under the influence of any drug, or is under the combined influence of any alcoholic beverage and drug to drive a vehicle. Existing law prohibits a person from driving a vehicle under the influence of any alcoholic beverage or drug and concurrently do an act forbidden by law, or neglect a duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. Existing law, until January 1, 2033, requires the Department of Motor Vehicles to immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of driving a vehicle under the circumstances above as well as for engaging in a motor vehicle speed contest for specified periods of time, depending on the statute under which the driving violation was punished, and prohibits the reinstatement of the driving privilege until the person gives proof of financial responsibility and proof satisfactory to the department of successful completion of a driving-under-the-influence (DUI) program, as specified. Existing law requires the department to advise the person that they may apply for a restricted driver's license if the person meets certain requirements, including, among others, satisfactorily providing proof of enrollment in a certain DUI program and the installment of a functioning, certified ignition interlock device (IID) . Existing law allows, for certain violations, a person who has had their driver's license suspended to apply to the department for a restricted license, subject to certain requirements. For specified violations, existing law requires the department to issue a restricted driver's license if the person has met certain requirements, including proof satisfactory to the department of enrollment in, or completion of, a DUI program, proof of financial responsibility, and the payment of all applicable reinstatement or reissue fees, among other fees, required by the department. This bill, beginning on January 1, 2031, would reorganize and recast the penalties and sanctions for the alcohol- and drug-related driving offenses described above. The bill would recast violations for driving under the influence of any alcoholic beverage or having 0.08 or 0.04 percent or more, by weight of alcohol in blood (collectively "alcohol-related driving violations") from violations for driving under the influence of any drug or driving while a person is addicted to the use of any drug (collectively "drug-related driving violations") . For convictions of alcohol-related driving violations, the bill would require the department to suspend the privilege to operate a motor vehicle and would allow the suspension to be indefinite. The bill would prohibit the reinstatement of that privilege until the person satisfies certain requirements, including, among others, the person applying for and maintaining a restricted driver's license for certain periods of time depending on the statute under which the driving violation is punished, which includes installing a certified IID on each vehicle operated by the person, providing proof satisfactory to the department of successful completion of a DUI program, as specified, paying all applicable reinstatement and reissue fees required by the department, and providing proof of financial responsibility. For convictions of drug-related driving violations described above, this bill would require the department to suspend the privilege to operate a motor vehicle for specified periods of time, depending on the statute under which the violation was punished. The bill would also prohibit the reinstatement of the privilege until the person satisfies certain requirements described above, but the bill would not require the person to install a certified IID or apply for and maintain a restricted driver's license for a specified period of time. This bill, beginning on January 1, 2031, would authorize a person, whose privilege to operate a motor vehicle is suspended for alcohol-related driving violations, to apply for a restricted license if certain requirements are met, including, among others, installing a certified IID on each vehicle operated by the person, as specified, providing proof of financial responsibility for 3 years, providing satisfactorily proof of enrollment in, or completion of, a DUI program, as specified, and paying a fee that is sufficient to cover the costs of administration of these requirements. The bill would require the department to terminate the restricted driver's license and suspend the privilege to drive if the person fails to comply with the DUI program requirements. The bill would also authorize a person, whose driving privilege was suspended for a conviction of a drug-related driving violation, to apply for a restricted driver's license if similar certain requirements are met, except the person would not be required to install a certified IID but would be required to complete a minimum number of months of a suspension period, as specified. This bill, beginning on January 1, 2031, would require the department to monitor the installation and maintenance of an IID that is installed pursuant to specified provisions. The bill would require the installer of the IID to notify the department if the device is removed or indicates that a person has attempted to remove, bypass, or tamper with the device, or the person fails 3 or more times to comply with these requirements. The bill would require the department to immediately suspend or revoke the privilege to operate a motor vehicle and any restricted driver's license if the person attempts to remove, bypass, or tamper with an IID, has the IID removed prior to the termination date of the restriction, or fails 3 or more times to comply with any requirement for the maintenance or calibration of the IID. The bill would require the department, and manufacturers, installers, and repairers of IIDs, to post information regarding filing complaints against manufacturers, installers, and repairers, as specified. (2) Existing law requires an order of suspension of a person's privilege to operate a motor vehicle for any of specified reasons, including the person was driving a motor vehicle when the person had 0.08 percent or more, by weight, of alcohol in their blood. Existing law requires the notice to be served on the person by a peace officer under specified conditions where test results show that the person has specified percentages of alcohol in the person's blood or where a person under 21 years of age refuses to take, or fails to complete, a specified test for alcohol in the blood. This bill, beginning on January 1, 2031, would include a person driving a motor vehicle when a passenger for hire was a passenger in the vehicle and the person had 0.04 percent or more, by weight, of alcohol in their blood as a reason to immediately suspend the privilege to operate a motor vehicle. The bill would authorize a person, whose driving privilege has been suspended pursuant to the provision above but not suspended or revoked based on the person's refusal to submit to, or failure to complete, a chemical test or tests, to apply for a restricted driver's license if certain requirements are met, including completing 30 days of the suspension period, providing proof of enrollment in a DUI program, installing a functioning, certified IID on any vehicle that they operate, being 21 years of age or older at the time of the offense, giving proof of financial responsibility, and paying all reissue and restriction fees. The bill would require the department to terminate the restricted driver's license and suspend the privilege to operate if the person has failed to comply with the DUI program requirements, or if the person attempts to remove, bypass, or tamper with the IID, removes the IID prior to the termination date of the restriction, or fails 3 or more times to comply with any requirement for the maintenance or calibration of the IID. (3) Existing law requires the department to suspend or revoke a person's privilege to operate a motor vehicle based on a peace officer's sworn statement or report, as specified. Existing law requires the department to review the record to determine whether the suspension or revocation is supported by the record, as specified. This bill, beginning on January 1, 2031, would require the department to review these determinations and consider the sworn report and any other information and evidence, as specified. If, by a preponderance of the evidence, the department determines in the review of a determination certain facts are proven, including, among other facts, that the peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of an alcohol- or drug-related driving provision, the bill would require the department to sustain the order of suspension or revocation. If the department determines that any of these certain facts are not proven by a preponderance of the evidence, the bill would require the department to rescind the order of suspension or revocation, as specified. (4) Existing law allows, for certain violations, a person who has had their driver's license suspended to apply to the department for a restricted license, subject to certain requirements as provided above. This bill, beginning on January 1, 2031, would authorize a court to disallow the issuance of the restricted driver's license if the court determines that the person would present a traffic safety or public safety risk if the person were authorized to operate a motor vehicle during the period of suspension. This bill, beginning on January 1, 2031, would make conforming changes to include the provisions above, as applicable, in statutes that generally pertain to the suspension, revocation, or restriction of the privilege to operate a motor vehicle. (5) This bill would declare that it is to take effect immediately as an urgency statute.
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 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.
This measure would make specified statements relating to the release of files involving Jeffrey Epstein and would urge federal and local law enforcement to take immediate action to hold accountable all those who harmed survivors or who were complicit in Epstein's crimes, regardless of elected title, royal title, party affiliation, or economic status.
Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. This bill would require a court presiding over any proceeding held pursuant to the above-described provisions that is open to the public to provide the public with a remote access option that allows members of the public to remotely observe the proceeding. The bill would require a court to make the audio of a proceeding accessible to the public if a court is unable to provide a remote access option that includes video due to technological limitations, as defined, that are not reasonably within the control of the court. On and after January 1, 2028, the bill would require a court to provide a remote access option with a visual feed.
Existing law generally authorizes the court to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years, and in misdemeanor cases, for a period not to exceed one year. Existing law imposes various penalties for theft- or fraud-related crimes, including, among others, the abuse or neglect of an elder or dependent adult, mortgage fraud, or identity theft. This bill would authorize the court, upon a conviction of certain felony offenses related to, among other things, the purchase or sale of real property or the recording or attempted recording of a real estate instrument, if the court grants the defendant probation, to impose up to a one-year extension to the probationary term. The bill would create a process for the court to impose the one-year extension if the defendant is on formal probation by requiring the probation department to file a petition to the court to extend the probationary period and requiring the court to make a finding that additional time is necessary for programming. By increasing the period of probation, and increasing the duties on local officials, 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.
