Existing law prohibits state and local law enforcement agencies, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified, and subject to exceptions, proscribe other activities or conduct in connection with immigration enforcement by law enforcement agencies. Existing law prohibits a law enforcement official from cooperating with immigration authorities where individuals were arrested, detained, or convicted of misdemeanors that were previously felonies or were previously crimes punishable as either misdemeanors or felonies, as specified. Existing law prohibits the Department of Corrections and Rehabilitation from taking into account an individual's citizenship or immigration status in regards to access to educational or rehabilitative programming or credit-earning opportunities or to determining an individual's custodial classification level. This bill would remove these restrictions on state and local law enforcement agencies. Existing law requires the Department of Corrections and Rehabilitation to provide an individual in department custody with specified information in advance of the individual's interview with the United States Immigration and Customs Enforcement regarding civil immigration violations. Existing law requires the Attorney General, in consultation with appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement, as specified, and to publish guidance, audit criteria, and training recommendations aimed at ensuring that state and local law enforcement databases are governed that limits the availability of information to anyone for the purpose of immigration enforcement. This bill would eliminate these requirements from the Department of Corrections and Rehabilitation and the Attorney General. Existing law authorizes a law enforcement official to use discretion when cooperating with immigration authorities as permitted by law. Existing law authorizes law enforcement officials to provide information regarding an individual's release date and to transfer an individual to immigration authorities under specified circumstances, including when the individual has been convicted within the last 15 years of a felony, as specified. Existing law authorizes a law enforcement official to use discretion when cooperating with immigration officials when an individual has been arrested and charged with a felony, as specified, and a magistrate makes a finding of probable cause as to that charge, as specified. This bill would require a law enforcement official to cooperate with federal immigration officials and detain an individual, after the individual becomes eligible for release, on the basis of an immigration hold for specified reasons, including when the individual has been convicted at any time of a felony, as specified, or the individual has been arrested and charged with a felony, as specified, and a magistrate makes a finding of probable cause as to the charge. By imposing additional duties on local law enforcement agencies, 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.
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Existing law prescribes certain criminal sentencing enhancements that increase the term of imprisonment for specified criminal offenses committed under circumstances including those committed using a firearm, those committed for the benefit of a criminal street gang, those committed by a repeat offender, and those determined to be hate crimes. Existing law requires a sentencing court to dismiss an enhancement if, after considering specified mitigating circumstances, the court determines that it is in the furtherance of justice to do so. This bill would exempt from this requirement an enhancement imposed for an offense determined to be a hate crime.
The Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, made various changes relating to theft and the possession of controlled substances, including by, among other things, generally reducing the penalty for those crimes, including reducing the penalty for possession of concentrated cannabis, establishing a procedure by which individuals convicted of those crimes prior to the passage of the act may petition for resentencing under the act, and creating the crime of shoplifting. The act also requires the Director of Finance to calculate the savings accruing to the state as a result of the implementation of the act and requires the Controller to transfer that sum from the General Fund to the Safe Neighborhoods and Schools Fund, which was created by the act. The act specifies the manner of distribution of those funds and the purposes for which they may be used. This bill would repeal the changes and additions made by Proposition 47, except those related to reducing the penalty for possession of concentrated cannabis. Existing law makes it a crime for a caretaker of an elder or a dependent adult, or a person who is not a caretaker and who knows or reasonably should know that the victim is an elder or a dependent adult, to violate specified laws proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property or personal identifying information of that elder or dependent adult. Existing law makes a violation of those provisions punishable as a misdemeanor or a felony when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. This bill would reduce the value threshold for a violation of those provisions to be punishable as a felony from $950 to $400. Existing law defines grand theft as the wrongful taking of money, labor, or property of a value exceeding $950, except as specified. Existing law also makes it grand theft where the money, labor, or real or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates $950 or more in any consecutive 12-month period. This bill would reduce the value threshold for committing grand theft under those provisions from $950 to $400. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.
Existing law authorizes state agencies to enter into contracts for the acquisition of goods or services upon approval by the Department of General Services. Existing law sets forth various requirements and prohibitions for those contracts. Existing law makes a willful violation of those provisions punishable as a misdemeanor. This bill would require a state agency, for a contract awarded without competitive bidding for the acquisition of goods or services in the amount of $75,000,000 or more, entered into on or after January 1, 2023, on or before the contract end date, to submit information regarding the terms and conditions of a proposed extension or renewal of the contract to the Joint Legislative Budget Committee. By imposing a new requirement, the willful violation of which would be a crime, 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 no reimbursement is required by this act for a specified reason.
This measure would designate a specified portion of State Highway Route 44, near Oak Run in the County of Shasta, as the Stan Statham Memorial Highway. This measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
This measure would designate the East End Complex-Block 171 in Sacramento as the Mario Obledo Building, and would request the Department of General Services to determine the cost of erecting appropriate plaques and markers showing the designation and, upon receiving donations from nonstate sources, to cover that cost to erect signage.
This measure would urge the United States Congress to amend the United States Social Security Administration's index of earnings to ensure that a decline in aggregate wages due to COVID-19 does not result in decreased benefits.
This measure would designate the portion of State Route 5 from El Horno Street, at postmile 10.001, to Crown Valley Parkway, at postmile 13.776, in the County of Orange as the Senior Master Sergeant John James Paoletti Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.
This measure would designate a portion of State Route 119, between E Kern Street, postmile 0.34, and Cedar Street, postmile 1.300, in the County of Kern as the Corporal Luis Carlos Ruan Memorial Highway. The measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
This measure would celebrate the history and culture of cruising and encourage local officials and law enforcement to work with local car clubs to conduct safe cruising events.