Existing law establishes various benefit programs, including grant programs and loan programs. Existing law, the California Values Act, generally prohibits California law enforcement agencies from using their moneys or personnel for immigration enforcement purposes, except as specified. This bill would prohibit an administrator of a covered program, as those terms are defined, from awarding a grant or issuing a loan from a covered program to a private entity that contracts with United States Immigration and Customs Enforcement, except as specified. The bill would require each private entity applying to a covered program to agree to identify to the administrator of that covered program any subcontractors to be used under the contract and to certify to the administrator that the subcontractors do not contract with United States Immigration and Customs Enforcement. The bill would require an administrator to include in their eligibility requirements for their covered programs that an eligible private entity and its subcontractors for each covered program, if any, shall not contract with United States Immigration and Customs Enforcement. The bill would make related findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By imposing additional duties on local agencies and expanding the scope of 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 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 requires the Secretary of the Department of Corrections and Rehabilitation to evaluate a person who is newly committed to a state prison and classify incarcerated persons based on the evaluations, and, when reasonable, assign or reassign an incarcerated person to the institution of the appropriate security level and gender population nearest the incarcerated person's home, unless other classification factors make that placement unreasonable. This bill would require the department to contract with an independent research entity to conduct a study to reassess the entire security classification system, as specified. The bill would require the study to contain policy recommendations to enhance the effectiveness of the classification system, as specified. The bill would require the selected research entity to perform the study according to specified criteria, including, among others, that the entity is governed by the University of California Board of Regents and has demonstrated expertise on Department of Corrections and Rehabilitation policy and data. The bill would require the report to be published on or before January 1, 2030, and would repeal the provisions as of January 1, 2031.
Existing law requires the Department of Motor Vehicles (DMV) to suspend the privilege of a person to operate a motor vehicle for 6 months if they are convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person's blood. Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of a separate violation or 2, 3, or 4 or more separate violations for DUI that resulted in specified convictions, the DMV is required to suspend or revoke the privilege of a person to operate a motor vehicle for 2, 3, 4, or 5 years, as specified. Existing law requires the department to suspend the privilege of a person to operate a motor vehicle for 10 months if they are convicted of a DUI and their blood-alcohol concentration was 0.20% or more or they refused to take a chemical test, and the court refers the person to participate in a licensed program that provides alcohol or drug recovery services, as specified. This bill would require the DMV to suspend the privilege of a person to operate a motor vehicle for 1 year if a person is convicted of DUI. The bill would require the DMV to suspend or revoke the privilege of a person to operate a motor vehicle for 3, 5, or 10 years, as specified, if a person is convicted of DUI and the offense occurred within 10 years of a separate violation or 2 or 3 separate violations for DUI that resulted in specified convictions. The bill would also require the DMV to permanently revoke the privilege of a person to operate a motor vehicle if a person is convicted of DUI and the offense occurred within 10 years of 4 or more separate violations. The bill would require the department to suspend the privilege of a person to operate a motor vehicle for 16 months who is convicted of a DUI and whose blood-alcohol concentration was 0.20% or more or who refused to take a chemical test, and who is referred by the court to participate in a licensed program that provides alcohol or drug recovery services, as specified. The bill would make other conforming 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 establishes specified rights for victims and witnesses of crimes, including to be notified or informed regarding specified court proceedings and the right to have a support person present at any interviews with law enforcement for a victim of domestic violence or sexual assault. Existing law requires a law enforcement agency to inform a victim of the rights they may have. This bill would state that a victim of sexual assault or domestic violence has the right to a fair, unbiased, and complete investigation by law enforcement. The bill would require a district attorney to establish a process for reviewing and investigating reported cases of sexual assault or domestic violence and would require that process to include a report to the victim explaining the decision whether or not to bring criminal accusations and which accusations to allege. Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to create courses of training that must be completed by persons before those persons can become peace officers. The commission is also required to create guidelines and training courses for peace officers on specified law enforcement topics, including the investigation of domestic violence complaints and sexual assault. This bill would require those courses and guidelines to include trauma-informed methods for responding to victims, gender-neutral or gender-inclusive language in reporting, and best practices for bias prevention. The bill would require the commission to prepare a course on gender bias in responding to reports of sexual assault and domestic violence and would require that course to adhere to guidance provided by the Department of Justice, as specified. Existing law establishes the State Department of Public Health and charges it with providing education and outreach to the public on various issues relating to public health, such as lyme disease, human immunodeficiency virus and acquired immune deficiency syndrome, and hepatitis C. This bill would require the department to develop materials to educate the public that all genders may be the victim of sexual assault and domestic violence, that all genders may perpetrate sexual assault and domestic violence, and that all genders have equal rights to safety, shelter, and legal protections and remedies. Because this bill would create new duties for local law enforcement agencies, it 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.
(1) Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the child's removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the child's parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child. Existing law requires a social worker to use due diligence in investigating the names and locations of relatives, and defines "due diligence" to include family finding, as specified. This bill would authorize a county child welfare agency or probation department to conduct family finding and engagement activities prior to the removal of a child from parental custody, as specified. (2) Existing law establishes various public social services programs to provide for protection, care, and assistance to the people of the state in need of those services. Existing law, in this regard, and with some exceptions, requires all applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of public social services for which grants-in-aid are received by this state from the federal government be kept confidential. Existing law exempts from those confidentiality provisions the disclosure of information between employees of a county's adult protective services agency and a county's child welfare agency for the purpose of multidisciplinary teamwork in the prevention, intervention, management, or treatment of child abuse or neglect or abuse or neglect of an elder or dependent adult. Existing law makes it a misdemeanor to knowingly secure or possess a list of persons who have applied for or who have been granted any form of public service in violation of these provisions. This bill would additionally exempt from these confidentiality provisions information regarding children receiving child welfare services to be disclosed to relatives and nonrelative extended family members without consent if the disclosure is directly connected to the administration of the child welfare program and serves the purpose of identifying placement and support resources for children. By expanding the scope of a crime, this bill would impose a state-mandated local program. (3) Existing law defines "child welfare services" to mean public social services that are directed toward the accomplishment of various purposes, including protecting and promoting the welfare of all children, and includes, among other services, emergency response services and family maintenance services. This bill would modify the definition of "child welfare services." The bill would require, upon providing child welfare services to a child or family, whether court-ordered or voluntarily accepted, the county child welfare agency or probation department to develop a case plan, as specified. The bill would authorize, as part of the case planning process, a county child welfare agency or probation department to conduct family finding and engagement activities to support the goals identified in the case plan. The bill would define "family finding and engagement" for these purposes. To the extent this bill increases the duties of county welfare agencies or probation departments, this bill imposes a state-mandated local program. (4) 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, until January 1, 2031, authorizes a city or county prosecuting attorney or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses. Existing law requires the prosecuting attorney in a participating county to either refer the case to the county probation department to conduct a prefiling investigation report and determine the appropriateness of program placement or, if the prosecuting attorney's office operates the program, determine if the case is appropriate for referral. Existing law requires the county probation department or prosecuting attorney's office to consider certain factors for referral, including, among others, whether the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program. This bill would require the prosecutor or county probation department, for certain theft offenses, including shoplifting and vandalism, to determine whether, based on certain criteria, specified defendants are eligible for a theft diversion program. The bill would require the prosecuting attorney to review their file for certain factors, including whether the offense charged involved a crime of violence or threatened violence and, if the defendant is eligible, would require the attorney to file a declaration or state for the record the grounds for the determination of the defendant's eligibility. The bill would require the court to dismiss the action against the defendant at the end of the period of diversion if the defendant has complied with the imposed terms and conditions of diversion. By 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.
Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Under existing law, if a vehicle accident results in injury, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison, or in a county jail for not more than one year, or by a specified fine, or both the imprisonment and fine. Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law requires a person who flees the scene of the crime after committing specified vehicle manslaughter while intoxicated or vehicle manslaughter to be punished for an additional term of imprisonment of 5 years in the state prison, upon conviction, and in addition and consecutive to the punishment prescribed. This bill would instead require a person who violates the requirement to stop to be subject to punishment by imprisonment in the state prison for 3, 4, or 5 years, or in a county jail for not less than 90 days nor more than one year, and by a specified fine, if the vehicle accident results in death.
Existing law authorizes every person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of that imprisonment or restraint. Existing law also authorizes a writ of habeas corpus to be prosecuted on the basis that competent and substantial expert testimony relating to intimate partner battering and its effects was not presented to the trier of fact at the trial court proceedings and is of such substance that, had the competent and substantial expert testimony been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, that the result of the proceedings would have been different. This bill would additionally authorize a writ of habeas corpus to be prosecuted on the basis that evidence or argument likely to trigger gender-based stereotypes was admitted or relied upon by the prosecution at trial in a manner that created a reasonable probability that the outcome would have been different if such evidence was not admitted or argument offered. The bill would provide that evidence or argument likely to trigger gender-based stereotypes includes, but is not limited to, information concerning a defendant's sexual activity, sexual orientation, sexual partners, reproductive choices, gender presentation, clothing, or romantic relationships, when offered in a matter that may invoke gender-based stereotypes. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill may result in the exclusion of evidence that would otherwise be admissible in a criminal proceeding, the bill would require a 23 vote of the Legislature.
Existing law regulates the terms and conditions of contracts for online dating services, as defined, and requires those contracts to be in writing and to contain specified information. Existing law generally provides for the regulation of online platforms and services that facilitate interactions between users. This bill would require an online dating service provider to conduct, or have a third party conduct, a local and national criminal background check for each California user who registers for a profile for purposes of the online dating service. The bill would require the background check to include a search of a multistate and multijurisdiction criminal records locator and the United States Department of Justice National Sex Offender Public Website. The bill would require the online dating service provider to place a conspicuous flag on a California user's profile if the background check reveals that the user is a registered sex offender or has been convicted of specified offenses, including a violent felony, a hate crime, or an assault or battery.
Existing law imposes various fees, contingent upon a criminal arrest, prosecution, or conviction, for the cost of administering the criminal justice system, including traffic violator school fees, costs for when a minor is adjudged a ward of the court, as specified, or costs incurred by a state or local agency for the disposal of various substances if the person is convicted of the sale, possession, or transportation of a controlled substance, as specified. This bill would repeal the authority to collect many of those fees, among others. The bill would make the unpaid balance of most court-imposed costs unenforceable and uncollectible and would require any portion of a judgment imposed by those costs to be vacated. The bill would relieve a person who is sentenced to state prison or confined in a county jail from being required to pay any trial court filing fees or costs related to the person's underlying criminal conviction. The bill would make related findings and declarations. The bill would also make various conforming changes.
