Legislate: All Bills

CA AB 101 - Philip Y. Ting
Budget Act of 2023.
08/14/2023 - Re-referred to Com. on B. & F.R.
AB 101, as amended, Ting. Budget Act of 2023. This bill would make appropriations for the support of state government for the 2023–24 fiscal year.This bill would declare that it is to take effect immediately as a Budget Bill.

CA AB 102 - Philip Y. Ting
Budget Act of 2023.
06/27/2023 - Enrolled and presented to the Governor at 4:30 p.m.
AB 102, Ting. Budget Act of 2023. The Budget Act of 2023 made appropriations for the support of state government for the 2023–24 fiscal year.This bill would amend the Budget Act of 2023 by amending, adding, and repealing items of appropriation and making other changes.This bill would declare that it is to take effect immediately as a Budget Bill.

CA AB 1090 - Reginald Byron Jones-Sawyer Sr.
County officers: sheriffs.
02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
AB 1090, as amended, Jones-Sawyer. County officers: sheriffs. Existing law requires the Legislature to provide for an elected county sheriff and provides for the duties of the sheriff. Existing law requires the board of supervisors to supervise all county officers, except as provided.Existing law provides for the removal of public officers for willful or corrupt misconduct in office. Existing law provides that an accusation in writing against any officer of a district, county, or city for willful or corrupt misconduct in office may be presented by the grand jury of the county for, or in, which the officer accused is elected or appointed. Existing law requires that the court pronounce judgment that the officer be removed from office upon a conviction and at the time appointed by the court.This bill would authorize the board of supervisors to remove a sheriff from office for cause, as defined, by a 4/5 vote, after the sheriff is served with a written statement of the alleged grounds for removal and the sheriff is provided a reasonable opportunity to be heard regarding an explanation or defense at a removal proceeding. The bill would authorize the board of supervisors to establish procedures for a removal proceeding. The bill would require that these provisions not be applied in a manner that interferes with the constitutional functions of a sheriff.

CA AB 1104 - Mia Bonta
Corrections and rehabilitation: sentencing.
09/07/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 1104, as amended, Bonta. Corrections and rehabilitation: sentencing. Under existing law, the Legislature finds and declares that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice, and that programs should be available for incarcerated persons, including educational, rehabilitative, and restorative justice programs that are designed to promote behavior change and to prepare all eligible offenders for successful reentry into the community.This bill would make legislative findings and declarations relating to corrections and rehabilitation, including that the deprivation of liberty satisfies the punishment purpose of sentencing. The bill would require the Department of Corrections and Rehabilitation to facilitate access for community-based programs in order to meaningfully effectuate the principles outlined in the findings and declarations.This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by SB 852 to be operative only if this bill and SB 852 are enacted and this bill is enacted last.

CA AB 1306 - Scott D. Wiener
State government: immigration enforcement.
01/30/2024 - Consideration of Governor's veto stricken from file.
AB 1306, Wendy Carrillo. State government: immigration enforcement. Existing law, the California Values Act, prohibits a California law enforcement agency, defined as including both state and local agencies but excluding the Department of Corrections and Rehabilitation, from providing a person’s release date or responding to a request for notification of a release date, unless that information is available to the public.The bill would prohibit the Department of Corrections and Rehabilitation from detaining on the basis of a hold request, providing an immigration authority with release date information, or responding to a notification request, transferring to an immigration authority, or facilitating or assisting with a transfer request any individual who is eligible for release pursuant to specified provisions, including, among others, youth offender, elderly, and medical parole releases.Existing law requires the Department of Corrections and Rehabilitation to cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.Existing law requires the department to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. Existing law would require the department, upon the enactment of any federal law requiring these persons to be incarcerated in federal prison, to provide this information to the federal government, as specified.This bill would repeal these provisions.

CA AB 134 - House Budget Committee
Public safety trailer bill.
06/27/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 17.).
AB 134, Committee on Budget. Public safety trailer bill. (1) Existing law, the California Public Records Act, authorizes the inspection and copying of any public record except where specifically prohibited by law. Existing law, with specified exemptions, makes confidential and exempts from disclosure the personnel records of peace officers and custodial records and certain other records maintained by their employing agencies. Existing law provides that this exemption from disclosure does not apply to investigations of these officers or their employing agencies and related proceedings conducted by a grand jury, a district attorney’s office, or the Attorney General’s office.Existing law establishes the Commission on Peace Officer Standards and Training (POST) to, among other functions, certify the eligibility of those persons appointed as peace officers throughout the state. Existing law establishes the Peace Officer Standards Accountability Division within POST to review investigations conducted by law enforcement agencies and to conduct additional investigations into serious misconduct that may provide grounds for suspension or revocation of a peace officer’s certification.This bill would exempt from the aforementioned confidentiality provisions, investigations of peace officers and custodial officers or their employing agencies and related proceedings conducted by POST. This bill would provide that, until January 1, 2027, specified records in the possession of POST related to these functions are not public records subject to disclosure, although those same records may be subject to disclosure by the agency that employs or previously employed the peace officer.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.(2) Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on July 1, 2023, existing law makes arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified. Commencing on July 1, 2023, existing law makes conviction record relief available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified.This bill would delay the implementation of these provisions until July 1, 2024. (3) Existing law authorizes the court, in its discretion and in the interest of justice in specified cases, to permit the defendant to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, to set aside the verdict of guilty, and to dismiss the accusations or information against the defendant and release the defendant from all penalties and disabilities resulting from the offense for which they have been convicted. Existing law authorizes a person who was under 18 years of age at the time of commission of a misdemeanor to, in specified circumstances, petition the court for an order sealing the record of conviction and other official records in the case. Existing law authorizes the court to require the defendant or petitioner in these circumstances to reimburse the court, city, and county for actual costs of services rendered under these provisions.Thi

CA AB 1360 - Kevin Michael McCarty
Hope California: Secured Residential Treatment Pilot Program.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1360, McCarty. Hope California: Secured Residential Treatment Pilot Program. Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.This bill would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and biopsychosocial assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendant’s crime was caused, in whole or in part, by the defendant’s SUD, the crime was not a sex crime, serious or violent felony, nonviolent drug possession, domestic violence, or driving under the influence, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendant’s participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participant’s request, as specified.If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to set aside the conviction and to dismiss the accusation or information against the defendant and would authorize the court to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participant’s record.Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law requires the Department of Justice, as part of the state summary criminal history information, to disseminate every conviction rendered against an applicant unless the conviction falls within an exception.This bill would exempt from dissemination a conviction that has been set aside pursuant to the above provisions.Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal pr

CA AB 1497 - Matt Haney
Criminal procedure.
02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
AB 1497, as amended, Haney. Criminal procedure. (1) Existing law, in a criminal trial, allows evidence of mental disease, mental defect, or mental disorder solely for the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged.This bill would instead allow that evidence for the issue of whether or not the accused actually formed the required mental state for the crime that is charged, including whether or not the accused committed a willful act, premeditated, deliberated, harbored malice aforethought, acted knowingly, acted maliciously, or acted with conscious disregard for human life.(2) Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking, intimate partner violence, or sexual violence, to petition the court, under penalty of perjury, for vacatur relief. To receive that relief, existing law requires that the person establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking, intimate partner violence, or sexual violence, which demonstrates that the person lacked the requisite intent to commit the offense. Existing law requires the court, under those circumstances, to find that the person lacked the requisite intent to commit the offense and to vacate the conviction as invalid due to legal defect at the time of the arrest or conviction.This bill would allow that relief for a person arrested or convicted of any offense. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.(3) Existing law creates an affirmative defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a victim of human trafficking, intimate partner violence, or sexual violence at the time of the offense and when the person had reasonable fear of harm. Existing law prohibits this defense from being used with respect to a violent felony, as defined.This bill would allow that defense to be used with respect to a violent felony.(4) If a court issues an order for a person who was arrested or convicted of an offense while they were a victim of intimate partner violence or sexual violence, existing law requires the court to order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within 3 years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records.This bill would require the court to also order any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole, to seal and destroy their records. The bill would require the agencies mentioned above to seal their records of arrest and court order to seal and destroy the records within one year from the date of arrest, or within 90 days after the court order is granted, whichever occurs later. The bill would require the agencies to destroy these records within one year of the date of the court order. The bill would also require the Department of Justice to notify the petitioner and the petitioner’s counsel that the department has complied with the order to seal the arrest records by the applicable deadline.(5) Existing law requires the court, when a judgment of imprisonment is imposed and specifies 3 possible terms, to impose the middle term unless there are circumstances in aggravation or mitigation of the crime. Existing law requires t

CA AB 1565 - Reginald Byron Jones-Sawyer Sr.
California Cannabis Tax Fund: local equity program grants.
09/01/2023 - In committee: Held under submission.
AB 1565, as introduced, Jones-Sawyer. California Cannabis Tax Fund: local equity program grants. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency to administer the act. Under existing law, the California Cannabis Equity Act, a local equity program is a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in California’s cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization, as specified. The act authorizes the department to provide technical assistance to a local equity program that helps local equity applicants or local equity licensees, as defined. Under that act, the Governor’s Office of Business and Economic Development is required to administer a grant program to assist a local jurisdiction with the development of a local equity program or to assist local equity applicants and local equity licensees through a local equity program, as specified.Existing law establishes the California Cannabis Tax Fund as a continuously appropriated special fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make disbursements from the fund pursuant to a specified schedule. Existing law authorizes the Legislature to amend, on and after July 1, 2028, the provisions relating to the disbursement and allocation of moneys in the fund by majority vote to further the purposes of AUMA, as specified.This bill would require, effective July 1, 2028, the Controller to disburse up to $15,000,000, as specified, to the department for the 2028–29 fiscal year and every fiscal year thereafter. The bill would require the department to use the disbursements to support local equity programs in eligible local jurisdictions to assist local equity applicants and licensees gaining entry into, and to successfully operate in, the state’s regulated cannabis marketplace, as specified. By expanding the purposes for which continuously appropriated moneys may be used, the bill would make an appropriation. The bill would declare that its provisions further the purposes and intent of AUMA.

CA AB 1601 - David Alvarez
Jury duty: eligibility.
02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
AB 1601, as amended, Alvarez. Jury duty: eligibility. Existing law makes all persons eligible and qualified to be prospective trial jurors, except persons who, among other things, are not citizens of the United States.This bill would instead make a person eligible and qualified to be a prospective juror if they are a lawful permanent resident.

CA AB 1616 - Thomas W. Lackey
California Cannabis Tax Fund: Board of State and Community Corrections grants.
06/26/2023 - From committee: Do pass and re-refer to Com. on PUB S. (Ayes 9. Noes 2.) (June 26). Re-referred to Com. on PUB S.
AB 1616, as introduced, Lackey. California Cannabis Tax Fund: Board of State and Community Corrections grants. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make specified disbursements from the fund, including amounts to the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, and other local programs addressing public health and safety associated with the implementation of AUMA. AUMA prohibits the board from making grants to local governments that ban both indoor and outdoor commercial cannabis cultivation, or ban retail sale of cannabis or cannabis products.This bill would require the Board of State and Community Corrections to prioritize local governments whose programs seek to address the unlawful cultivation and sale of cannabis. The bill would also authorize the board to make grants to local governments that ban both indoor and outdoor commercial cannabis cultivation, or ban retail sale of cannabis or cannabis products.AUMA authorizes the Legislature to amend its provisions with a 2/3 vote of both houses to further its purposes and intent, except as specified.This bill would declare that its provisions further the purposes and intent of AUMA.

CA AB 1754 - House Judiciary Committee
Maintenance of the codes.
07/25/2023 - Enrolled and presented to the Governor at 4 p.m.
AB 1754, Committee on Judiciary. Maintenance of the codes. Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes.This bill would make nonsubstantive changes in various provisions of the law to effectuate the recommendations made by the Legislative Counsel to the Legislature.

CA AB 1811 - David A. Alvarez
Jury duty: eligibility.
04/10/2024 - Read second time and amended.
AB 1811, as amended, Alvarez. Jury duty: eligibility. Existing law makes all persons eligible and qualified to be prospective trial jurors, except persons who, among other things, are not citizens of the United States.The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts, and establishes the Judicial Council to, among other things, adopt rules of court and perform functions prescribed by statute. Existing law authorizes the Judicial Council to publish and distribute manuals, guides, checklists, and other materials designed to assist the judiciary. This bill would, beginning January 1, 2026, and until January 1, 2031, make a person eligible and qualified to be a prospective juror if they are a lawful permanent resident. The bill would require the Judicial Council to develop a program by January 1, 2026, to allow lawful permanent residents to participate in jury duty and would require the program to include specific requirements, including a notice stating that lawful permanent residents are eligible, but not required, to participate in jury duty, and procedures for courts to limit the sharing and disclosure of program and participant information. The bill would also make conforming changes.

CA AB 1931 - Diane B. Dixon
Criminal procedure: protective orders.
03/19/2024 - Re-referred to Com. on PUB. S.
AB 1931, as amended, Dixon. Criminal procedure: protective orders. 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.This bill would additionally allow the court to issue a permanent protective order restraining a defendant from any contact with the victim if the defendant has been convicted of any serious or violent felony, as defined, or any felony requiring registration as a sex offender. The bill would also authorize the court to permanently extend certain previously issued orders under certain circumstances. The bill would require the Judicial Council 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.

CA AB 1959 - Timothy S. Grayson
Innocence Commission Pilot Programs: Post-Conviction Justice Unit.
03/19/2024 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 19). Re-referred to Com. on APPR.
AB 1959, as amended, Grayson. Innocence Commission Pilot Programs: Post-Conviction Justice Unit. (1) Existing law provides for the prosecution of crimes by the district attorney of each county. Existing law establishes the office of the Attorney General to prosecute crimes at the state level and to provide technical assistance to local law enforcement, including district attorneys’ offices.This bill, until January 1, 2029, would require the Attorney General to choose 3 counties in which to establish Innocence Commission Pilot Programs to further the district attorneys’ commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys’ duty to prevent and rectify the conviction of innocent persons. The bill would require participating district attorneys’ offices to establish an Innocence Commission, to review cases submitted to it to determine if a person is factually innocent, has been wrongfully committed, or should receive relief in the interest of justice, as specified.The bill would require participating district attorneys’ offices to track specified metrics and to report them to the Attorney General’s office quarterly. The bill would require the Attorney General’s office to submit annual progress reports to the Legislature by January 31 of each year until 2029, as specified.(2) Existing law establishes the Department of Justice under the direction and control of the Attorney General, which is composed of the Office of the Attorney General and those other divisions, bureaus, branches, sections, or other units as the Attorney General may create within the department pursuant to certain law.This bill would establish in the Department of Justice a Post-Conviction Justice Unit. The bill would prescribe the duties of the unit as including, among other things, working in partnership with local district attorneys to conduct investigations and reviews aimed at resolving wrongful or other improper criminal convictions. The bill would require the unit to develop formal protocols and standards to implement these provisions by July 31, 2026.

CA AB 2065 - Ash Kalra
Criminal justice records: offender data.
03/19/2024 - Re-referred to Com. on PUB. S.
AB 2065, as amended, Kalra. Criminal justice records: offender data. (1) Existing law prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin. Existing law authorizes a defendant to file a motion in the trial court or, if judgment has been imposed, to file a petition for writ of habeas corpus to allege a violation of this prohibition or to allege a violation on appeal.Existing law requires all public records to be made available for inspection to the public, except as specifically exempted. Existing law exempts from disclosure certain records of law enforcement agencies.This bill would require the disclosure of specified arrest records and data and specified probation reports to a licensed attorney that has submitted a request for such records and declared, under penalty of perjury, that the records are being requested for the purpose of investigating a claim or potential claim under the California Racial Justice Act of 2020, as specified.By requiring additional duties of local agencies, this bill would impose a state-mandated local program.By expanding the crime of perjury, this bill would impose a state-mandated local program.(2) Existing law requires the Judicial Council to collect data on criminal cases statewide relating to the disposition of those cases according to the race and ethnicity of the defendant, and report annually to the Legislature. Existing law additionally requires the Department of Justice to compile specified crime statistics and make that information available to the public, as specified.This bill would require the Judicial Council to include additional data in their annual report to the Legislature, and to make the data available to the public in a machine-readable format.The bill would also require the Department of Justice to include additional data in their crime statistics and make those data available to the public in a machine-readable format.The bill would additionally require the Department of Corrections and Rehabilitation to annually publish specified inmate data and to make those data available to the public in a machine-readable format. (3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.(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 specified reasons.

CA AB 2168 - Ash Kalra
Prisons: anticipated prison stays.
03/19/2024 - Re-referred to Com. on PUB. S.
AB 2168, as amended, Kalra. Prisons: anticipated prison stays. Under existing law, a felony is a crime that is punishable by imprisonment in the state prison, or by imprisonment in a county jail for more than one year. Under existing law, a misdemeanor is a crime punishable by less than one year in the county jail.This bill would require a court, at the time of sentencing and if a court is imposing a prison sentence, to determine the defendant’s anticipated prison stay, as defined, and, if that anticipated stay is for 365 days or fewer, to order that the defendant serve the sentence in the custody of the sheriff or county jail administrator, unless that order is prohibited by an initiative statute. The bill would require specified reports by probation departments to include an estimate of the defendant’s anticipated prison stay. By imposing additional duties on county jails and probation departments, this bill would impose a state-mandated local program.Existing law prevents a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation from being subject to prosecution for a nonfelony offense arising out of, among other things, the operation of a motor vehicle, that is pending against them at the time of commitment.This bill would prohibit a person committed to the department, to a county facility as a ward of the juvenile court, or to a county jail from being prosecuted for a nonfelony offense pending against them at the time of their commitment, except as specified.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.

CA AB 221 - Philip Y. Ting
Budget Act of 2023.
01/26/2023 - Referred to Com. on BUDGET.
AB 221, as introduced, Ting. Budget Act of 2023. This bill would make appropriations for the support of state government for the 2023–24 fiscal year.This bill would declare that it is to take effect immediately as a Budget Bill.

CA AB 2308 - Laurie Davies
Domestic violence: protective orders.
02/26/2024 - Referred to Com. on PUB. S.
AB 2308, as introduced, Davies. Domestic violence: protective orders. Existing law requires a court to consider issuing a protective order restraining the defendant from contact with the victim for up to 10 years in all cases in which a criminal defendant has been convicted of certain acts of domestic violence. A violation of a protective order is punishable as contempt, a misdemeanor.This bill would, upon the request of a victim, authorize a court to issue a protective order on a permanent basis. By expanding the scope of a crime, the 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 no reimbursement is required by this act for a specified reason.

CA AB 2406 - Laurie Davies
Crimes: theft.
04/02/2024 - Re-referred to Com. on PUB. S.
AB 2406, as amended, Davies. Crimes: theft. Existing law makes theft a crime. Existing law makes it a crime to knowingly promote, employ, use, persuade, induce, or coerce a minor under 18 years of age to engage in specified conduct.This bill would make it a crime to cause, promote, employ, use, persuade, induce, or coerce a minor under 18 years of age to engage in specified theft-related offenses. The bill would make this crime punishable as a misdemeanor or a felony, as specified. Because the bill creates a new crime, the bill would impose a state-mandated local program.Existing law authorizes a court to sentence an eligible person convicted of a felony to probation. Existing law prohibits the granting of probation to a person convicted of specified offenses except in unusual cases in which the interests of justice would best be served if the person is granted probation.This bill would prohibit the granting of probation to a person convicted of the crime above.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.

CA AB 2483 - Philip Y. Ting
Postconviction proceedings.
04/03/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 2). Re-referred to Com. on APPR.
AB 2483, as amended, Ting. Postconviction proceedings. Existing law authorizes a court to resentence a defendant under specified circumstances, including, among others, when the person was convicted of specified crimes that have since been repealed or had their sentences reduced.This bill would require the presiding judge of each county superior court to, on or before March 1, 2025, convene a meeting to develop a plan for fair and efficient handling of postconviction proceedings, as specified. The bill would require that meeting to include, among others, a representative from the district attorney, public defender, department of probation, and sheriff. By imposing additional duties on local entities, this bill would impose a state-mandated local program. The bill would require postconviction proceedings, among other things, to include a consideration of whether or not to appoint counsel to represent the petitioner and to allow the court to modify every aspect of the petitioner’s sentence, including if it was imposed after a guilty plea, except as specified. By imposing additional duties on county public defenders, this bill would impose a state-mandated local program.Existing law, when a probationary order or a judgment has been pronounced, requires that a copy of that order or judgment be sent to the officer whose duty it is to execute the order or judgment, as specified.This bill would, when a person has been resentenced and their expected remaining time in custody is less than 30 days, require that copy to be furnished to the executing officer within 24 hours.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.

CA AB 2643 - Jim Wood
Cannabis cultivation: environmental remediation.
04/01/2024 - Re-referred to Com. on W., P., & W.
AB 2643, as amended, Wood. Cannabis cultivation: environmental remediation. (1) Existing law requires the Department of Fish and Wildlife to establish the watershed enforcement program to facilitate the investigation, enforcement, and prosecution of offenses relating to unlawful water diversions and other violations of the Fish and Game Code associated with cannabis cultivation. Existing law also requires the department, in coordination with specified state agencies, to establish a permanent multiagency task force to address the environmental impacts of cannabis cultivation.This bill would require the department to conduct a study to create a framework for cannabis site restoration with the goal of providing guidance for the cleanup, remediation, and restoration of environmental damage caused by cannabis cultivation, and to complete the study by January 1, 2027, as specified. The bill would authorize the department to enter into an agreement with a nongovernmental organization or educational institution for that entity to conduct the study.The bill would require the department to submit an annual report to the Legislature until January 1, 2030, on illicit cannabis cultivation on public lands, as specified.(2) Existing law imposes various civil penalties for violations of specified environmental laws in connection with the production or cultivation of a controlled substance, as specified. Existing law defines controlled substance for this purpose to include Schedule I substances, which include, among other substances, heroin, peyote, and cannabis.This bill, with regard to the above-described civil penalties, would replace the term “controlled substance” with the term “cannabis or cannabis products.” (3) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, as additionally amended by statute, establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make disbursements from the fund pursuant to a specified schedule, including, among others, amounts to the Environmental Restoration and Protection Account. Of the amount deposited into the Environmental Restoration and Protection Account, AUMA requires the Controller to disburse the funds to the Department of Fish and Wildlife and the Department of Parks and Recreation for, among other things, the cleanup, remediation, and restoration of environmental damage in watersheds affected by cannabis cultivation and related activities, as specified, and to support local partnerships for this purpose. AUMA authorizes those departments to distribute a portion of the funds they receive from the Environmental Restoration and Protection Account through grants for those purposes.This bill would specify that those grants may include grants to local jurisdictions for cleanup, remediation, and restoration of sites affected by cannabis cultivation and related activities that have been abandoned and seized by that local jurisdiction.(4) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law, until January 1, 2025, exempts from CEQA projects that conserve, restore, protect, or enhance, and assist in the recovery of Calif

CA AB 28 - Anthony J. Portantino Jr.
Firearms and ammunition: excise tax.
09/13/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 28, Gabriel. Firearms and ammunition: excise tax. Existing law establishes the California Violence Intervention and Prevention (CalVIP) Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention.Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges.This bill, the Gun Violence Prevention and School Safety Act, would, commencing July 1, 2024, impose an excise tax in the amount of 11% of the gross receipts from the retail sale in this state of a firearm, firearm precursor part, and ammunition, as specified. The tax would be collected by the state pursuant to the Fee Collection Procedures Law. The bill would require that the revenues collected be deposited in the Gun Violence Prevention and School Safety Fund, which the bill would establish in the State Treasury. The bill would require the moneys received in the fund to be used to fund various gun violence prevention, education, research, response, and investigation programs, as specified. The bill would require the Director of Finance to transfer, as a loan, $2,400,000 from the General Fund to the California Department of Tax and Fee Administration to implement these provisions, as specified. The bill would require each licensed firearms dealer, firearms manufacturer, and ammunition vendor to register with the department for a certificate, as specified. The bill would also provide procedures for the issuance, revocation, and reinstatement of a permit.This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII?A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is 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.

CA AB 2823 - Joe Patterson
Crimes: vehicular manslaughter while intoxicated.
03/04/2024 - Referred to Com. on PUB. S.
AB 2823, as introduced, Joe Patterson. Crimes: vehicular manslaughter while intoxicated. Existing law prohibits operating a vehicle while under the influence of alcohol or drugs, as specified. Under existing law, if a person is convicted of driving under the influence and is granted probation, the period of probation shall be for no less than 3 years and no more than 5 years, unless the maximum prison sentence for the offense is greater than 5 years, in which case the period of probation may be longer.Existing law prohibits the unlawful killing of a human being, without malice aforethought, while driving under the influence. A violation of this prohibition is punishable either as a misdemeanor or as a felony. Under existing law, if a person is convicted of the unlawful killing of a human being, without malice aforethought, while driving under the influence, and is granted probation, the period of probation shall be no more than one year if the person is convicted of a misdemeanor and two years if the person in convicted of a felony.This bill would increase the period of probation for a person who is convicted of the unlawful killing of a human being, without malice aforethought, while driving under the influence to be the same as the period of probation for a person who is convicted of driving under the influence.By increasing the period of probation, 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.

CA AB 2907 - Rick Chavez Zbur
Firearms: restrained persons.
03/04/2024 - Referred to Com. on PUB. S.
AB 2907, as introduced, Zbur. Firearms: restrained persons. Existing law provides for the issuance of various temporary restraining orders, restraining orders, and injunctions. Under existing law, persons who are subject to these orders are prohibited from purchasing, owning, or possessing firearms or ammunition. Existing law requires a restrained person who owns or possesses firearms or ammunition to relinquish these items under specified timeframes pursuant to a prescribed procedure.This bill would enact similar restriction and relinquishment procedures for persons who are the subject of specified criminal protective orders issued in domestic violence convictions.This bill would also require the arresting officer in domestic violence cases to question the arrestee, the victim, and other household members about any firearms or ammunition owned or possessed by the arrestee and to query a specified database to find any firearms owned or possessed by the arrestee. The bill would require the officer to document these actions and to provide the information, as specified, to the district attorney or prosecutor.By requiring new duties of local law enforcement officers, this bill would impose a state-mandated local program.This bill would also require the court, when determining the length of a criminal protective order, to consider this information from the arresting officer.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.

CA AB 304 - Christopher R. Holden
Domestic violence: probation.
01/03/2024 - Consideration of Governor's veto pending.
AB 304, Holden. Domestic violence: probation. Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterer’s program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period of not less than one year, and a protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment. Existing law requires the court to order the defendant to comply with all probation requirements, including the payment of program fees based upon the ability to pay. If the court finds that a defendant does not have the ability to pay the program fee, existing law authorizes the court to reduce or waive the program fee. Existing law requires a batterer’s program to develop and utilize a sliding fee schedule based on a defendant’s ability to pay. The bill would require program providers, as defined, to publicly post, including on an internet website, a comprehensive description of their sliding fee scales. The bill would require the court to inform the defendant of the availability of a program fee waiver, if they do not have the ability to pay for the program, and to provide each defendant with a selection of available program providers and those providers’ standard fees and sliding fee scales before the defendant agrees to the conditions of probation. Existing law requires the probation department, when investigating the appropriate batterer’s program for a defendant, to take into account, among other factors, the defendant’s age, medical history, and educational background. Existing law requires a program to meet certain requirements, including immediately reporting any violation of the terms of the protective order to the court, the prosecutor, and, if formal probation has not been ordered, to the probation department. The bill would require the probation department, when investigating the appropriate program, to also take into account the defendant’s sexual orientation, gender identity, and financial means and to promptly notify each program in which the defendant is required to participate the defendant’s other required, court-mandated programs and probation violations pertaining to a domestic violence offense. The bill would require a program provider to report a violation of the protective order within 7 business days. Existing law requires the court to refer persons to batterer’s programs that have been approved by the probation department. Existing law requires the probation department to design and implement an approval and renewal process for batterer’s programs, to regulate those programs, as specified, and to fix a yearly fee, not to exceed $250 to approve an application or renewal.The bill would place these requirements, instead, in the Department of Justice.The bill, when referencing a batterer’s program, would specifically indicate another appropriate counseling program if a batterer’s program is not available. The bill would, by April 1, 2024, to ensure compliance with state law, make the Department of Justice responsible for collaborating with the Judicial Council and relevant stakeholders to set program provider standards, approving, monitoring, and renewing approvals of program providers, conducting periodic audits of program providers, and developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive statewide standards through regulations, among other responsibilities. The bill would, by April 1, 2024, require the Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the tra

CA AB 327 - Reginald Byron Jones-Sawyer Sr.
Criminal justice: crime statistics.
05/18/2023 - In committee: Held under submission.
AB 327, as amended, Jones-Sawyer. Criminal justice: crime statistics. Existing law requires the Department of Justice to supply to the federal government with criminal statistics data, as specified. Existing law requires local law enforcement agencies, as specified, to provide the Department of Justice with criminal statistics, as requested. Existing law required the Department of Justice to report to the Legislature on the progress on reporting of crime statistics data to the federal government in compliance with the federal National Incident-Based Reporting System.This bill would require the Department of Justice to complete the transition of all reporting of crime data to the National Incident-Based Reporting System by January 1, 2025, and would require local law enforcement agencies to provide the necessary data to complete this transition.By requiring local agencies to provide updated statistical data, 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.

CA AB 330 - Thomas W. Lackey
Domestic violence: victim’s information card.
05/18/2023 - In committee: Held under submission.
AB 330, as amended, Dixon. Domestic violence: victim’s information card. Existing law directs the Commission on Peace Officer Standards and Training to establish training and guidelines for law enforcement officers, as defined, in the handling of domestic violence complaints, such as how to respond to domestic violence incidents, the legal duties imposed on law enforcement officers to make arrests and offer assistance, and techniques to promote the safety of the victim, as specified. Existing law requires law enforcement agencies to develop and implement written policies for officer responses to domestic violence incidents, including furnishing written notice to victims at the scene in the form of a Victims of Domestic Violence card that contains, among other information, telephone numbers for local hotlines, shelters, and counseling centers.This bill would add the issuance of Victims of Domestic Violence cards as a topic in the course of instruction for the training of law enforcement officers. This bill would additionally require the Victims of Domestic Violence card to be a different color than other cards issued by officers, to include a disclaimer, to be available in languages other than English, and to include various information such as the definition of domestic violence and the statute of limitations for domestic violence. This bill would make these changes operative on January 1, 2025. Because this bill would expand an existing local program, it would impose a state-mandated local program.Existing law establishes the Office of Emergency Services and makes it responsible for providing assistance such as financial, technical, and educational support, as specified, on the topic of domestic violence to local entities including domestic violence support centers and law enforcement.This bill, commencing January 1, 2025, would require the office to develop a model Victims of Domestic Violence card that can be modified by cities and counties. The bill would also require the office to publish on an internet website maintained by the office specified information and resources to assist victims of domestic violence, including, among other things, a summary of state mandatory arrest policies for domestic violence crimes.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.

CA AB 335 - Juan Alanis
Retail theft.
05/18/2023 - In committee: Held under submission.
AB 335, as amended, Alanis. Retail theft. Existing law, until January 1, 2026, makes it a misdemeanor to commit organized retail theft. Existing law defines organized retail theft to include, among other acts, acting as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft. Under existing law, acts of organized retail theft that are committed on 2 or more separate occasions within a 12-month period and that have an aggregate value that exceeds $950 are punishable as a misdemeanor or a felony.This bill would require the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy to submit a report to the Legislature describing the reported retail thefts, as specified. This bill would also require state and local law enforcement to collect and provide data on retail theft to the commission, as specified. This bill would require the commission to issue its report to the Legislature no later than January 1, 2026. By imposing new duties on local entities, 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.

CA AB 36 - Jesse Gabriel
Domestic violence protective orders: possession of a firearm.
05/18/2023 - In committee: Held under submission.
AB 36, as amended, Gabriel. Domestic violence protective orders: possession of a firearm. (1) Existing law prohibits a person subject to a protective order, as defined, from owning, possessing, purchasing, or receiving a firearm or ammunition while that protective order is in effect. Existing law makes a violation of that prohibition with regard to purchasing or receiving a firearm or ammunition punishable by imprisonment in the county jail for up to one year, by imprisonment in the state prison for 16 months or 2 or 3 years, or by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law makes a violation of that prohibition with regard to owning or possessing a firearm or ammunition punishable by imprisonment in the county jail for up to one year, or by a fine not exceeding $1,000, or by both that imprisonment and fine.After notice and hearing, this bill would, for protective orders, as specified, issued on or after July 1, 2024, prohibit a person subject to the protective order from owning, possessing, purchasing, or receiving a firearm or ammunition within 3 years after the expiration of the order and make a violation of these provision a crime. The bill would require a court, if they find that the person willfully violated that prohibition within 3 years after the expiration of the order, to impose the maximum fine allowed under existing law. (2) Existing law allows a search warrant to be issued upon various grounds, including when the property or things to be seized include a firearm, if the prohibited firearm is possessed, owned, in the custody of, or controlled by a person against whom a specified protective order has been issued, and the person is served with the order and fails to relinquish the firearm as required by law.This bill would expand the grounds for the search warrant to include a person who is subject to any civil or criminal protective order that includes a prohibition on owning, possessing, or having custody or control of a firearm.(3) Existing law requires the Judicial Council to provide notice on all protective orders issued within the state and requires a restraining order requiring a person to relinquish a firearm or ammunition to state on its face that the respondent is prohibited from owning, possessing, purchasing, or receiving a firearm or ammunition while the protective order is in effect.This bill would require the Judicial Council to also include a statement in the notice that the firearm and ammunition prohibition extends for 3 years after the expiration of the protective order that is issued on or after July 1, 2024. The bill would require a restraining order to include a similar statement.By creating new crimes, 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 no reimbursement is required by this act for a specified reason.

CA AB 467 - Jesse Gabriel
Domestic violence: restraining orders.
06/29/2023 - Chaptered by Secretary of State - Chapter 14, Statutes of 2023.
AB 467, Gabriel. Domestic violence: restraining orders. 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.This bill would clarify that the order may be modified by the sentencing court in the county in which it was issued throughout the duration of the order.

CA AB 567 - Philip Y. Ting
Criminal records: relief.
09/13/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 567, Ting. Criminal records: relief. Existing law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Under existing law, a person is eligible for automatic conviction record relief if, on or after January 1, 1973, they were sentenced to probation, and completed it without revocation, or if they were convicted of an infraction or a misdemeanor, and other criteria are met, as specified. Existing law, commencing July 1, 2024, and subject to an appropriation, generally makes this arrest record relief available to a person who has been arrested for a felony, including a felony punishable by imprisonment in the state prison, as specified. This bill would, commencing July 1, 2024, require the department to provide confirmation that relief was granted upon request from the subject of the record. The bill would make other technical changes.

CA AB 688 - Timothy S. Grayson
Probation.
02/01/2024 - Died at Desk.
AB 688, as introduced, Grayson. Probation. Existing law requires the court, if a person is convicted of a felony and is eligible for probation, as defined, to immediately refer the matter to a probation officer to investigate and report to the court upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment. Existing law requires the probation officer, among other things, to immediately investigate and make a written report to the court of their findings and recommendations, including their recommendation as to the granting or denying of probation and the conditions of probation, if granted.This bill would make technical, nonsubstantive changes to this provision.

CA AB 890 - Joe Patterson
Controlled substances: probation.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 890, Joe Patterson. Controlled substances: probation. Existing law prohibits the possession, sale, and transport, as specified, of certain controlled substances. Existing law requires a person granted probation for controlled substance offenses to, as a condition of probation, secure education or treatment from a local community agency designated by the court, if the service is available and the person is likely to benefit from the service.This bill would require the court to order a person granted probation pursuant to those provisions for a violation of specified laws involving any amount of fentanyl, carfentanil, benzimidazole opiate, or any analog thereof, to successfully complete a fentanyl and synthetic opiate education program, if one is available. The bill would prohibit a defendant from being charged a fee for enrollment in that education program.The bill would require a court ordering a defendant to complete those courses to only order the defendant to participate in programs that include, among other things, information regarding the nature and addictive elements of fentanyl and other synthetic opiates and their danger to a person’s life and health. The bill would require program providers to report an unexcused absence by a defendant from a fentanyl and synthetic opiate education program to the court and the probation department within 2 business days. The bill would require the court to only refer defendants to programs that are available at no cost to the participants.This bill would incorporate additional changes to Section 11373 of the Health and Safety Code proposed by SB 46 to be operative only if this bill and SB 46 are enacted and this bill is enacted last.

CA AB 945 - Eloise Gomez Reyes
Criminal procedure: expungement of records.
01/29/2024 - Consideration of Governor's veto stricken from file.
AB 945, Reyes. Criminal procedure: expungement of records. Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, or successfully participated as a member of a county incarcerated individual hand crew, or participated at an institutional firehouse, except as specified, to petition the court to have the pleading dismissed, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided.This bill would require, beginning May 1, 2026, and every other year thereafter, each superior court to report to the Judicial Council specified data regarding petitions seeking relief pursuant to the above-described provisions. The bill would require the Judicial Council to report the statewide data regarding these petitions beginning June 1, 2026, and every other year thereafter. The bill would repeal these provisions on January 1, 2036.

CA SB 101 - Nancy Skinner
Budget Act of 2023.
06/15/2023 - Enrolled and presented to the Governor at 11:20 a.m.
SB 101, Skinner. Budget Act of 2023. This bill would make appropriations for the support of state government for the 2023–24 fiscal year.This bill would declare that it is to take effect immediately as a Budget Bill.

CA SB 102 - Nancy Skinner
Budget Act of 2023.
06/26/2023 - Ordered to third reading.
SB 102, as amended,  Skinner. Budget Act of 2023. The Budget Act of 2023 made appropriations for the support of state government for the 2023–24 fiscal year.This bill would amend the Budget Act of 2023 by amending, adding, and repealing items of appropriation and making other changes.This bill would declare that it is to take effect immediately as a Budget Bill.

CA SB 134 - Senate Budget and Fiscal Review Committee
Public safety trailer bill.
06/26/2023 - Ordered to third reading.
SB 134, as amended, Committee on Budget and Fiscal Review. Public safety trailer bill. (1) Existing law, the California Public Records Act, authorizes the inspection and copying of any public record except where specifically prohibited by law. Existing law, with specified exemptions, makes confidential and exempts from disclosure the personnel records of peace officers and custodial records and certain other records maintained by their employing agencies. Existing law provides that this exemption from disclosure does not apply to investigations of these officers or their employing agencies and related proceedings conducted by a grand jury, a district attorney’s office, or the Attorney General’s office.Existing law establishes the Commission on Peace Officer Standards and Training (POST) to, among other functions, certify the eligibility of those persons appointed as peace officers throughout the state. Existing law establishes the Peace Officer Standards Accountability Division within POST to review investigations conducted by law enforcement agencies and to conduct additional investigations into serious misconduct that may provide grounds for suspension or revocation of a peace officer’s certification.This bill would exempt from the aforementioned confidentiality provisions, investigations of peace officers and custodial officers or their employing agencies and related proceedings conducted by POST. This bill would provide that, until January 1, 2027, specified records in the possession of POST related to these functions are not public records subject to disclosure, although those same records may be subject to disclosure by the agency that employs or previously employed the peace officer.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.(2) Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on July 1, 2023, existing law makes arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified. Commencing on July 1, 2023, existing law makes conviction record relief available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified.This bill would delay the implementation of these provisions until July 1, 2024. (3) Existing law authorizes the court, in its discretion and in the interest of justice in specified cases, to permit the defendant to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, to set aside the verdict of guilty, and to dismiss the accusations or information against the defendant and release the defendant from all penalties and disabilities resulting from the offense for which they have been convicted. Existing law authorizes a person who was under 18 years of age at the time of commission of a misdemeanor to, in specified circumstances, petition the court for an order sealing the record of conviction and other official records in the case. Existing law authorizes the court to require the defendant or petitioner in these circumstances to reimburse the court, city, and county for actual costs of services rende

CA SB 1430 - Steven M. Glazer
Factual innocence.
04/16/2024 - From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0.) (April 16). Re-referred to Com. on APPR.
SB 1430, as introduced, Glazer. Factual innocence. Existing law requires the court to order records sealed if a person is found to be factually innocent, including records of arrest and detention, upon written or oral motion of any party. Under existing law, if a writ of habeas corpus or motion to vacate a judgment is granted for specified reasons, the petitioner may move for a finding of factual innocence by a preponderance of the evidence for the purpose of obtaining compensation for the pecuniary injury sustained through the erroneous conviction and incarceration.This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence, annotate the person’s state summary criminal history information, and request the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue and any local, state, or federal agency or entity to which the department provided that criminal record information to also annotate their records, as specified. The bill would require any state or local agency or entity within the State of California that receives notice of this request from the department to annotate any local summary criminal history information for the person and to request that any local, state, or federal agency or entity to which the law enforcement agency provided that criminal offender record information annotate its records, as specified. The bill would require courts to order that relief be granted when a person is found to be factually innocent, and would require the court to report those proceedings to the Department of Justice. The bill would additionally require the Department of Justice to send notice of findings of innocence to all agencies and officers that it had previously notified of the arrest or other proceedings against the person.By imposing additional duties on local governments, 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.

CA SB 2 - Buffy Wicks
Firearms.
09/12/2023 - Assembly amendments concurred in. (Ayes 28. Noes 8.) Ordered to engrossing and enrolling.
SB 2, as amended, Portantino. Firearms. Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, as specified, if good cause exists for the issuance, and subject to certain other criteria including, among other things, the applicant is of good moral character and has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Under existing law, the required course of training for an applicant is no more than 16 hours and covers firearm safety and laws regarding the permissible use of a firearm.This bill would require the licensing authority to issue or renew a license if the applicant is not a disqualified person for the license and the applicant is at least 21 years of age. The bill would remove the good character and good cause requirements from the issuance criteria. Under the bill, the applicant would be a disqualified person if they, among other things, are reasonably likely to be a danger to self, others, or the community at large, as specified. This bill would add the requirement that the applicant be the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm capable of being concealed upon the person. This bill would change the training requirement to be no less than 16 hours in length and would add additional subjects to the course including, among other things, the safe storage and legal transportation of firearms. The bill would require an issuing authority, prior to that issuance, renewal, or amendment to a license, if it has direct access to the designated department system to determine if the applicant is the recorded owner of the pistol, revolver, or other firearm. The bill would require an issuing authority without access to that system to confirm the ownership with the sheriff of the county in which the agency is located. By requiring local agencies to issue licenses for concealed firearms, this bill would create a state-mandated local program.The bill would require a licensing authority to provide the applicant notice if a new license or license renewal is denied or revoked. If an application is denied or a license is revoked based on a determination that the applicant is a disqualified person, the bill would permit the applicant to request a hearing to challenge the license denial or revocation, and require the licensing authority to inform the applicant of the ability to seek a hearing. If a new license or license renewal is denied or revoked for any other reason, the bill would authorize the applicant to seek a writ of mandate from a superior court within 30 days of receipt of notice of denial or revocation, and require the licensing authority to inform the applicant of the ability to seek a writ of mandate. By imposing new duties on local licensing authorities, this bill would create a state-mandated local program.Existing law requires an agency issuing a license described above to set forth specified information on the license, including, among other things, the licensee’s name, occupation, and reason for desiring a license to carry the weapon.This bill would revise that information to include, among other things, the licensee’s driver’s license or identification number, fingerprints, and information relating to the date of expiration of the license, and would remove the requirement that the license detail the reason for desiring a license to carry the weapon.Existing law requires an applicant for a license described above to provide fingerprints, as specified. Existing law exempts an applicant from this requirement if they have previously applied to the same licensing authority and the applicant’s fingerprints have previously been forwarded to the department, as specified, and instead requires that authority to note data that would provide positive identification in the files of the depart

CA SB 21 - Thomas J. Umberg
Controlled substances.
01/17/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
SB 21, as amended, Umberg. Controlled substances. Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl.This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above-described crimes as they relate to fentanyl to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of the conviction.This bill would authorize a defendant who is charged with the above-described crimes to undergo a treatment program in lieu of a grant of probation or a jail or prison sentence if certain conditions are met. The bill would require the treatment program to be developed by a drug addiction expert and would authorize a defendant to participate in a substance abuse and mental health evaluation. The bill would make any statement or information from the evaluation inadmissible in any action or proceeding. The bill would require the drug treatment program to be approved by the court and could include mental health treatment and job training. The bill would require the court to dismiss the charges upon successful completion of the treatment program.The California Constitution provides for the Right to Truth-in-Evidence, which requires a ? vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.This bill would make specified statements and information from the evaluation and treatment process from being used as evidence in any subsequent proceedings or actions, thereby requiring a 2/3 vote.This bill would declare that it is to take effect immediately as an urgency statute.

CA SB 22 - Thomas J. Umberg
Crimes.
01/12/2024 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
SB 22, as amended, Umberg. Crimes. (1) Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl.This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes as they relate to hard drugs, as defined, to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder.The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.This bill would prohibit the fact that this warning was given from being used as evidence in the prosecution of a minor in juvenile court, thereby requiring a 2/3 vote.(2) Existing law makes it a felony punishable by imprisonment in the state prison for 2, 3, or 4 years to unlawfully possess any amount of a substance containing cocaine base, cocaine, heroin, methamphetamine, or phencyclidine while armed with a loaded, operable firearm.This bill would expand that crime to include when the substance possessed is fentanyl. By expanding the scope of a crime, this bill would impose a state-mandated local program.(3) Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, fentanyl, cocaine base, and cocaine, if the substance exceeds a specified weight.This bill would make that term of imprisonment punishable in the state prison. The bill would additionally lower the weight requirements of that crime with regard to fentanyl. By expanding the scope of a crime, this bill would impose a state-mandated local program.(4) Existing law, 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, makes the theft of money, labor, or property petty theft punishable as a misdemeanor whenever the value of the property taken does not exceed $950 and grand theft when the value exceeds $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor.Proposition 47 authorizes amendment of its provisions by a 2/3 vote of the Members of each house of the Legislature so long as the amendments are consistent with and further the intent of the act.This bill would amend Proposition 47 by authorizing the aggregation of the values of the property involved in one or more cases of shoplifting or theft into a single count or charge when the case involves one or more acts of theft or shoplifting, with the sum of the value of all property or merchandise being the value considered when determining the degree of theft.(5) Existing law, added by Proposition 47, provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.This bill would amend Proposition 47 by requiring a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished as a misdemeanor or felony, as specified. The bill would require a court, upon arrest of a person under these provisions, to make an individualized determination of risk to public safety and likelihood to return to court prior to releasing the individual.(6) Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes,

CA SB 326 - Susan Talamantes Eggman
The Behavioral Health Services Act.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 326, Eggman. The Behavioral Health Services Act. (1) Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services. Existing law authorizes the MHSA to be amended by a 2/3 vote of the Legislature if the amendments are consistent with and further the intent of the MHSA. Existing law authorizes the Legislature to add provisions to clarify procedures and terms of the MHSA by majority vote.If approved by the voters at the March 5, 2024, statewide primary election, this bill would recast the MHSA by, among other things, renaming it the Behavioral Health Services Act (BHSA), expanding it to include treatment of substance use disorders, changing the county planning process, and expanding services for which counties and the state can use funds. The bill would revise the distribution of MHSA moneys, including allocating up to $36,000,000 to the department for behavioral health workforce funding. The bill would authorize the department to require a county to implement specific evidence-based practices.This bill would require a county, for behavioral health services eligible for reimbursement pursuant to the federal Social Security Act, to submit the claims for reimbursement to the State Department of Health Care Services (the department) under specific circumstances. The bill would require counties to pursue reimbursement through various channels and would authorize the counties to report issues with managed care plans and insurers to the Department of Managed Health Care or the Department of Insurance.The MHSA establishes the Mental Health Services Oversight and Accountability Commission and requires it to adopt regulations for programs and expenditures for innovative programs and prevention and early intervention programs established by the act. Existing law requires counties to develop plans for innovative programs funded under the MHSA.This bill would rename the commission the Behavioral Health Services Oversight and Accountability Commission and would change the composition and duties of the commission, as specified. The bill would delete the provisions relating to innovative programs and instead would require the counties to establish and administer a program to provide housing interventions. The bill would provide that “low rent housing project,” as defined, does not apply to a project that meets specified criteria.This bill would make extensive technical and conforming changes.(2) Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs. Existing law further provides that, to the extent resources are available, community mental health services should be organized to provide an array of treatment options in specified areas, including, among others, case management and individual service plans. Under existing law, mental health services are provided through contracts with county mental health programs.The bill would authorize the State Department of Health Care Services to develop and revise documentation standards for individual service plans, as specified. The bill would revise the contracting process, including authorizing the department to temporarily withhold funds or impose monetary sanctions on a county behavioral health department that is not in compliance with the contract. (3) The bill would provide that its provisions are severable.(4) The bill would provide for the submission of specified sections of this bill and AB 531 to the voters at the March 5, 2024, statewide primary election, as specified.(5) This bill would declare that it is to take effect immediately as an urgency statute.

CA SB 418 - Stephen C. Padilla
California Prison Redevelopment Commission.
09/01/2023 - September 1 hearing: Held in committee and under submission.
SB 418, as amended, Padilla. California Prison Redevelopment Commission. Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the Department of Corrections and Rehabilitation to begin reducing private in-state male contract correctional facilities and reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, as specified.Existing law establishes the Governor’s Office of Business and Economic Development (GO-Biz), which serves the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth.This bill would establish the California Prison Redevelopment Commission, under the direction of the Director of GO-Biz and consisting of 15 members, including, among others, representatives from the Department of Corrections and Rehabilitation, the Department of Finance, and the Department of General Services, and members appointed by the Governor, the Speaker of the Assembly, and the Senate Rules Committee, as specified.This bill would specify that the task of the commission is to prepare a report with the commission’s findings and recommendations that deliver a set of clear and credible recommendations for creative uses of closed prison facilities that will turn those sites into community assets, as specified.This bill would require the commission to submit a report to the Legislature by August 1, 2024, detailing the commission’s findings and recommendations. The bill would repeal these provisions as of January 1, 2026, and would make related findings and declarations. The bill would provide that its requirements are operative only upon an appropriation by the Legislature for the bill’s purposes.

CA SB 459 - Sabrina Cervantes
Domestic violence: restraining orders.
10/13/2023 - Chaptered by Secretary of State. Chapter 874, Statutes of 2023.
SB 459, Rubio. Domestic violence: restraining orders. Existing law allows a civil court, after notice and a hearing, to issue an order to enjoin a person from, among other things, attacking, stalking, or threatening another person. Under existing law, the protective order may be valid for up to 5 years, as determined by the court, and may be renewed for 5 or more years, or permanently, at the discretion of the court.This bill would require the Judicial Council, on or before January 1, 2025, to create one or more specific forms for the purpose of requesting a modification of an existing restraining order.

CA SB 46 - Richard Dale Roth
Controlled substances: treatment.
09/12/2023 - Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling.
SB 46, as amended, Roth. Controlled substances: treatment. Existing law, as added by the Substance Abuse and Crime Prevention Act of 2000, adopted by voters as Proposition 36 at the November 7, 2000, statewide general election, requires that persons convicted of certain nonviolent drug possession offenses be granted probation and participate in and complete an appropriate drug treatment program as a condition of that probation. After completion of drug treatment and the terms of probation, the act requires the court to conduct a hearing, set aside the conviction, and dismiss the complaint if the court finds, among other requirements, that the defendant successfully completed drug treatment. For purposes of the act, a defendant has successfully completed treatment if they have completed the prescribed course of drug treatment and, as a result, there is reasonable cause to believe that they will not abuse controlled substances in the future. The act allows its amendment by a statute passed by 2/3 of both houses of the Legislature and requires that all amendments further the act and be consistent with its purposes.This bill would amend the act by removing the requirement that there be reasonable cause to believe that the defendant will not abuse controlled substances in the future in order to be considered as having successfully completed treatment.Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency designated by the court. Existing law requires a juvenile court to order a minor, found to have been in possession of any controlled substance, to receive education or treatment from a local community agency, as specified, and to order the minor’s parents or guardian to participate in the education or treatment if beneficial to the minor. Existing law provides that a defendant’s willful failure to complete a court-ordered education or treatment program shall be a circumstance in aggravation for purposes of sentencing in any subsequent prosecution for specified controlled substance violations. This bill would allow the court to order the defendant to complete a controlled substance education or treatment program, as specified, if available and as appropriate for the individual. The bill would require the court to determine the defendant’s ability to pay for the program and would authorize the court to develop a sliding fee schedule based on the person’s inability to pay, including making a person who is granted specified relief from court fees and costs not responsible for any costs. The bill would strike the requirement that a juvenile court order a minor and their parents or guardians to receive education or treatment. The bill would require the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. The bill would require the county drug program administrator, with input from representatives of the court, the county probation department, and substance use treatment providers, to design and implement an approval and renewal process for controlled substance education and treatment programs. The bill would require the court, when a defendant is convicted of a controlled substance offense resulting in imprisonment, to recommend that the defendant attend a controlled substance education or treatment program while imprisoned. By imposing additional duties on local entities, the bill would impose a state-mandated local program.Existing law requires every county drug program administrator, in consultation with representatives of the court and the county probation department, to establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs, including a minimum of 20 hours of education, counseling, or any combination of both fo

CA SB 545 - Susan Rubio
Juveniles: transfer to court of criminal jurisdiction.
09/12/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 545, as amended, Rubio. Juveniles: transfer to court of criminal jurisdiction. 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. The act may be amended by a majority vote of the members of each house of the Legislature if the amendments are consistent with and further the intent of the act. Existing law requires the court to find by clear and convincing evidence that the minor is not amenable to rehabilitation when under the jurisdiction of the juvenile court, after consideration of specified criteria, in order to find that the minor should be transferred to a court of criminal jurisdiction, and requires the order reciting the court’s basis for its decision to transfer jurisdiction to include the reasons supporting the court’s finding that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. Existing law allows the court, in evaluating these criteria, to give weight to any relevant factor.This bill would make consideration of any relevant factor mandatory and would specify additional factors that the juvenile court is required to consider when evaluating the minor’s criminal sophistication when determining whether to transfer a matter to a court of criminal jurisdiction. The bill would require the court to consider evidence offered that indicates that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor when considering the circumstances and gravity of the offense alleged in the petition to have been committed by the minor. The bill would require the juvenile court to retain the minor in its custody if the court receives evidence that the person against whom the child is accused of committing the offense trafficked, sexually abused, or sexually battered the minor before the commission of the offense, unless the court finds by clear and convincing evidence that the person had not trafficked, sexually abused, or sexually battered the minor.Existing law authorizes a person whose case was transferred from juvenile court to a court of criminal jurisdiction to file a motion to return the case to juvenile court for disposition under specified circumstances, including, among others, when the person is convicted at trial only of an offense that was not the basis for transfer from juvenile court to the criminal court, as specified.The bill would require a court of criminal jurisdiction to return a case to juvenile court for disposition pursuant to these provisions if the court receives evidence that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor prior to, or during commission of the alleged offense, unless the court finds, by clear and convincing evidence, that the person had not trafficked, sexually abused, or sexually battered the minor. By increasing the number of minors that may be retained under the jurisdiction of the juvenile court, thereby increasing the number of minors who are entitled to county-funded rehabilitative services, 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 rea

CA SB 72 - Nancy Skinner
Budget Act of 2023.
02/01/2024 - Returned to Secretary of Senate pursuant to Joint Rule 56.
SB 72, as introduced, Skinner. Budget Act of 2023. This bill would make appropriations for the support of state government for the 2023–24 fiscal year.This bill would declare that it is to take effect immediately as a Budget Bill.

CA SB 763 - Maria Elena Durazo
Criminal records.
02/01/2024 - Returned to Secretary of Senate pursuant to Joint Rule 56.
SB 763, as introduced, Durazo. Criminal records. Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for automatic conviction record relief. Existing law makes this conviction record relief available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified. This bill would extend that relief to apply to convictions on or after January 1, 1973.

CA SB 840 - Marie Alvarado-Gil
Petty theft: prior convictions.
02/01/2024 - Returned to Secretary of Senate pursuant to Joint Rule 56.
SB 840, as introduced, Alvarado-Gil. Petty theft: prior convictions. Existing law provides that a person who is a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who also has a prior conviction for other specified offenses, including, among others, petty theft, grand theft, auto theft, and robbery, and who has served a term of imprisonment for the conviction in any penal institution, who is subsequently convicted of petty theft is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months or 2 or 3 years.This bill would make a technical, nonsubstantive change to those provisions.

CA SB 843 - Steven M. Glazer
Factual innocence.
02/01/2024 - Returned to Secretary of Senate pursuant to Joint Rule 56.
SB 843, as amended, Glazer. Factual innocence. Existing law requires the court to order records sealed if a person is found to be factually innocent, including records of arrest and detention, upon written or oral motion of any party. Under existing law, if a writ of habeas corpus or motion to vacate a judgment is granted for specified reasons, the petitioner may move for a finding of factual innocence by a preponderance of the evidence for the purpose of obtaining compensation for the pecuniary injury sustained through the erroneous conviction and incarceration.This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence, annotate the person’s state summary criminal history information, and request the law enforcement agency that has jurisdiction over the offense underlying the conviction at issue and any local, state, or federal agency or entity to which the department provided that criminal record information to also annotate their records, as specified. The bill would require any state or local agency or entity within the State of California that receives notice of this request from the department to annotate any local summary criminal history information for the person and to request that any local, state, or federal agency or entity to which the law enforcement agency provided that criminal offender record information annotate its records, as specified. By imposing additional duties on local governments, this bill would impose a state-mandated local program. The bill would require courts to order that relief be granted when a person is found to be factually innocent, and would require the court to report those proceedings to the Department of Justice. The bill would additionally require the Department of Justice to send notice of findings of innocence to all agencies and officers that it had previously notified of the arrest or other proceedings against the person.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.

CA SB 852 - Susan Rubio
Searches: supervised persons.
09/11/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 852, Rubio. Searches: supervised persons. Existing law authorizes courts to suspend the imposition or execution of punishments in specified criminal cases and instead enforce terms of probation or mandatory supervision. Existing law authorizes the conditions of probation or mandatory supervision to include a waiver of the person’s right to refuse searches.This bill would clarify that a search of a person who is granted probation or mandatory supervision and subject to search or seizure must be performed only by a probation officer or other peace officer.Existing law requires persons released pursuant to specified provisions, including home detention programs and electronic monitoring programs, to admit any person or agent designated by the correctional administrator into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of the detention.This bill would clarify that the person designated by the correctional administrator must be a probation officer or other peace officer.This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by AB 1104 to be operative only if this bill and AB 1104 are enacted and this bill is enacted last.

CA SB 889 - Senate Governance and Finance Committee
California Department of Tax and Fee Administration: earnings withholding orders: settlement agreements: excise taxes.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 889, Committee on Governance and Finance. California Department of Tax and Fee Administration: earnings withholding orders: settlement agreements: excise taxes. (1) Existing law, the Wage Garnishment Law, sets forth procedures for the levy of a judgment debtor’s wages when required to enforce a money judgment.This bill, for purposes of the Sales and Use Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, Alcoholic Beverage Tax Law, the Timber Yield Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance, the Diesel Fuel Tax Law, and various taxes and fees collected in accordance with the Fee Collections Procedures Law, would authorize the California Department of Tax and Fee Administration (CDTFA), or the State Board of Equalization (BOE) in the case of the Alcoholic Beverage Tax Law, to serve earnings withholding orders for taxes, fees, or surcharges, as applicable, and any other notice or document required to be served or provided in connection with an earnings withholding order according to the Wage Garnishment Law to government and private employers by electronic transmission or other electronic technology, as provided.(2) The CDTFA administers various taxes, fees, and surcharges in accordance with the Fee Collections Procedures Law, including, among others, the Lead-Acid Battery Recycling Act of 2016, the Electronic Waste Recycling Act of 2003, and the Healthy Outcomes and Prevention Education (HOPE) Act.This bill would specify that a feepayer subject to liability under the Sales and Use Tax Law is also subject to liability for the same periods for taxes, fees, and surcharges administered pursuant to the Fee Collections Procedures Law, as applicable.(3) Existing law authorizes the CDTFA to enter into settlement agreements regarding protests, appeals, or refund claims for certain taxes and fees if it is determined that the settlement amount is consistent with a reasonable evaluation of the costs and risks associated with litigation. Existing law authorizes the executive director or the chief counsel to recommend a settlement and to approve a settlement on the advice of the Attorney General. Existing law requires joint approval from the executive director and chief counsel for settlements involving a reduction of tax or penalties in settlement not exceeding $5,000.This bill would specify that the director, rather than the department, is authorized to make various decisions pertaining to settlements, and would require the approval of only the director. The bill would, instead, require the Attorney General to advise only the chief counsel. The bill would remove the joint approval requirement for settlements involving a reduction of tax and penalties in settlement not exceeding $5,000, leaving approval solely to the discretion of the director, and would increase that $5,000 limitation to $11,500. Commencing July 1, 2029, and every 5th fiscal year thereafter, the bill would require the department to adjust for inflation the $11,500 limitation concerning settlements involving a reduction of tax and penalties by using the California Consumer Price Index, as calculated by the Department of Finance.Under the existing settlement authority, the executive director is required to create a public record of reduction of tax or penalties or total tax and penalties in settlement in excess of $500. Under existing law, the public record is required to include the name or names of the taxpayers who are parties to the settlement, the total amount in dispute, the amount agreed to pursuant to the settlement, a summary of the reasons why the settlement is in the best interests of the State of California, and, for any settlement approved by the department, the Attorney General’s conclusion as to whether the rec

CA SB 89 - Rosilicie Ochoa Bogh
Crimes: stalking.
07/12/2023 - Coauthors revised.
SB 89, as amended, Ochoa Bogh. Crimes: stalking. Existing law makes a person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for the person’s safety, or the safety of the person’s immediate family, guilty of the crime of stalking, punishable as a misdemeanor or a felony.This bill would also make a person guilty of stalking if the person willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for the safety of that person’s pet, service animal, emotional support animal, or horse. By changing the definition 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 no reimbursement is required by this act for a specified reason.

CA SB 944 - Caroline Menjivar
Juvenile hall.
02/14/2024 - Referred to Com. on RLS.
SB 944, as introduced, Menjivar. Juvenile hall. Existing law provides for the placement of juveniles under the jurisdiction of the juvenile court into a county juvenile hall. Existing law makes it a misdemeanor for any person who is under the custody of a probation officer or any peace officer in a county juvenile hall, or committed to a county juvenile ranch, camp, forestry camp, or regional facility to escape or attempt to escape from that place or during transportation to or from that place. This bill would make technical, nonsubstantive changes to these provisions.

CA SB 99 - Thomas J. Umberg
Courts: remote proceedings for criminal cases.
06/01/2023 - Referred to Com. on PUB. S.
SB 99, as amended, Umberg. Courts: remote proceedings for criminal cases. Existing law prohibits, until January 1, 2024, a trial court from retaliating against an official court reporter or official court reporter pro tempore for notifying a judicial officer that technology or audibility issues are interfering with the creation of the verbatim record for a remote criminal proceeding.This bill would extend this provision until January 1, 2028.Existing law allows a defendant in a misdemeanor case to appear by counsel, except as specified. Until January 1, 2024, existing law allows a court to conduct all proceedings, except jury and court trials, remotely through the use of remote technology if a defendant agrees. Existing law requires a defendant in a felony case to be physically present at the time of plea, during the preliminary hearing, during those portions of the trial when evidence is taken before the trier of fact, and at the time of the imposition of sentence. Existing law allows, until January 1, 2024, a defendant to be physically or remotely present at all other proceedings, unless the defendant waived their right to be physically or remotely present with leave of the court and approval by the defendant’s counsel.This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2028.Existing law generally allows, until January 1, 2024, upon a defendant’s waiver of the right to be physically present, criminal proceedings to be conducted through the use of remote technology. Commencing on January 1, 2024, existing law authorizes a court to permit the initial court appearance and arraignment of a defendant held in any state, county, or local facility, under specified circumstances, to be conducted by 2-way electronic audiovideo communication between the defendant and the courtroom in lieu of the defendant’s physical presence.This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2028, and extend the implementation of provisions that would commence on January 1, 2024, until January 1, 2028.Existing law authorizes the court, until January 1, 2024, to direct the defendant to be physically present at any particular felony proceeding, prohibits a defendant charged with a felony from appearing remotely for sentencing, except as specified, and prohibits a defendant charged with a felony or misdemeanor from appearing remotely for a jury or court trial, except as specified.This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2028.Existing law, until January 1, 2024, authorizes the court to allow a prosecuting attorney or defense counsel to participate in a criminal proceeding through the use of remote technology, requires a court to require a prosecuting attorney, defense counsel, defendant, or witness to appear in person at a proceeding under specified circumstances, and requires a reporter to be physically present in the courtroom when the court conducts a remote proceeding that is reported.This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2028.Existing law authorizes, until January 1, 2024, a witness in a criminal proceeding to testify using remote technology, as provided by statutes regarding the examination of victims of sexual crimes and conditional examinations of witnesses.This bill would extend these provisions until January 1, 2028, and broaden the provisions to testifying remotely as otherwise provided by any law.Existing law requires a defendant to be personally present in a preliminary hearing unless otherwise specified. Existing law prohibits these provisions from limiting the right of a defendant to waive the right to be present. Existing law, until January 1, 2024, prohibits the defendant’s right to waive the right to appear through the use of remote technology from being limited by these provisions.This bill would extend the provisions that would expire on January 1, 2