Death Penalty Death PenaltyProvides that a physician or any other invited person may not be disciplined for refusing to attend an execution. Also deletes from existing law the requirement to invite physicians to an execution.
Authorizes the State Department of Corrections (DOC) to move no more than 15 condemned men to secure condemned housing at the California State Prison, Sacramento, as specified. Authorizes DOC to move condemned prisoners whose medical or mental health needs are so critical as to endanger the inmate or others to the California Medical Facility or other appropriate institution for medical or mental health treatment, as specified.
Prohibits the death penalty for a mentally retarded person, as defined.
Domestic ViolenceRequires the court, prior to a hearing on the issuance or denial of a protective order to ensure that a search of specified records and databases is or has been made to determine if the proposed subject of the order has any specified prior criminal convictions, specified misdemeanor convictions, or outstanding warrants, is on parole or probation, or is or was the subject of other protective or restraining orders
Continuously appropriates $30 million from the General Fund each year to the State Department of Social Services for specified domestic violence programs. Requires these programs to include plans for shelter, counseling, legal service, case management, job preparation and development assistance, among others.
Enacts the Contra Costa County "Zero Tolerance for Domestic Violence" Act. Allows Contra Costa County to increase the fees for certified copies of marriage license, and the fee for issuance of a birth certificate, fetal death or death certificate by $2.00, for the purpose of funding governmental oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in the county. Allows the fees to be increased annually by the county, based on the Consumer Price Index of the San Francisco metropolitan area for the preceding year. Sunsets on January 1, 2007.
Requires, by January 1, 2003, the Office of Criminal Justice Planning to establish a uniform approach for providing medical examinations, documentation and evidence collection for victims of domestic violence and elder and dependent adult abuse. Appropriates $100,000 to implement the provisions of the bill.
Expands the felony domestic violence statute to include circumstances where the batterer is currently in a dating relationship with the victim and knows, or reasonably should know, the victim is pregnant.
Expands, statewide, the Family Law Interpreter Pilot Program to require the presence of a certified or registered court interpreter for a party in any proceeding involving domestic violence or family court mediation who is deaf or hearing impaired or for a party who does not proficiently speak or understand the English language.
Requires child protective service agencies to develop protocols for collaboration with other specified groups relative to domestic violence.
Provides that, in a court's determination to award spousal support, a rebuttable presumption affecting the burden of proof shall exist that a supported spouse who has been convicted of domestic violence within five years of the dissolution, before or after the commencement of the proceedings, shall have any support award eliminated. Specifies that the court may consider a convicted spouse's history as a victim of domestic violence as a condition for rebutting the presumption.
Specifies that domestic violence protective orders issued by a criminal court have precedence over any civil court order pertaining to the same persons. Directs the Judicial Council to establish a protocol for coordination of all others regarding the same persons. Requires modifications of domestic violence protective orders to be entered into the Domestic Violence Retraining Order System and requires all such orders to be issued on forms adopted by the Judicial Council. Provides that the provisions become operative on January 1, 2003.
Defines, for purposes of the Domestic Violence Prevention Act and the issuance of various protective orders under the Act, the term dating relationship, by incorporating the definition of that term, as currently contained in Penal Code Section 243.
Requires that written domestic violence reports prepared by law enforcement include a notation of whether the responding officer(s) inquired of the victim. and/or the alleged abuser, whether a firearm or other deadly weapon was present at the location, and requires any firearm discovered by the officer to confiscate the firearm or deadly weapon.
Requires persons accused of misdemeanor domestic violence-related offenses to be present for arraignment and sentencing.
Requires the Office of Criminal Justice Planning, with the assistance of a specified advisory committee, to develop, adopt, and make available to every public or general acute care hospital or other medical professionals, as required, a standard state form for collecting forensic evidence when that evidence is agreed to by the patient, who is a victim of domestic violence, after consulting with his or her health care provider, a victim advocate, and law enforcement.
Appropriates $2 million to the Office of Criminal Justice Planning to fund local domestic violence programs that have previously received funds, but were not selected for funding in 2001.
Replaces current law relating to enforcement of domestic violence protective orders from other states with the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, promulgated by the National Conference on Uniform State Laws. Prescribes the criteria for determining the validity of an order. Specifies that registration of a valid order in this state is not required for its enforcement. Requires a law enforcement officer of this state to enforce an order if probable cause exists that the order is valid and has been violated. Provides immunity for law enforcement officers attempting, in good faith, to enforce the order.
Creates a mandatory minimum term of imprisonment for a first conviction of the alternate misdemeanor-felony offense of corporal injury upon a spouse or cohabitant. Increases current mandatory minimum terms of imprisonment for specified offenders. Limits judicial discretion in domestic violence cases by requiring imprisonment, even when probation is granted, and by eliminating the authority of the court to waive mandatory confinement provisions for specified offenders.
Adds any sexual assault and/or domestic violence victims to those crime victims who are specifically authorized to receive up to $2,000 for relocation expenses and adds any sexual assault or domestic violence victims to those victims who may receive such reimbursement on an emergency or expedited basis.
Requires, in any criminal action or proceeding in which a witness is alleged to be a victim of domestic violence, stalking, or identity theft, that all identifying information shall be redacted from any ruling, decision, pleading, motion, document, exhibit, or other evidence, including testimony before the court, except upon motion of the defendant for the court to review the identifying information in camera and authorize the disclosure to the defense of only that identifying information reasonably necessary to the defendant's defense under the California or United States Constitution.
Proclaims October 18, 2001, as Health Cares About Domestic Violence Day.
Child AbuseEnacts the California Safe From the Start Partnership Program administered by the State Department of Justice (DOJ), in consultation with the State Department of Health Services, to provide five-year annual grants to local law enforcement agencies for programs aimed at reducing the number of children who are witness to, or victims of, violence. Continuously appropriates $11 million from the General Fund each fiscal year to DOJ for grants and related program costs. Sunsets January 1, 2007.
Requires the State Department of Corrections and the Board of Prison Terms to provide notification to a county child welfare services agency that requests notification or the impending release of an inmate committed to state prison for child abuse, sexual offenses against a child, or domestic violence.
Requires the State Department of Health Services to implement several new activities relating to violence. Creates the Safe Children and Communities Advisory Board.
Appropriates $100,000 from the General Fund to the Office of Criminal Justice Planning for the Interagency Council on Child Abuse and Neglect to conduct a statewide Child Death Review Team training program to be coordinated with the State Child Death Review Council.
Requires a hospital to make a report to specified agencies, if a mandated victim abuse reporter, as defined, in the Child Abuse and Neglect Reporting Act, and the hospital has knowledge of, observes, or has reasonable suspicion that the surrendered child has been the victim of child abuse or neglect.
Acknowledges the month of April, 2001, as Child Abuse Prevention Month, and encourages members of the public to support child abuse prevention activities in their communities and schools.
Declares the year 2001 as the Year of the Vulnerable Child.
Expressly authorizes any mandated reporter who has knowledge of or who reasonably suspects that mental suffering has been inflected upon a child, or that his or her emotional well-being is endangered in any other way, to report the known or suspected instance of child abuse or neglect, as specified, and makes a number of technical, nonsubstantive changes to the mandatory child abuse and neglect reporting laws.
Expands the current list of violent felonies to include the alternate misdemeanor/felony offense of child endangerment and corporal punishment of a child.
Expands the scope of the child abuse prosecution program administered by the Office of Criminal Justice Planning (OCJP) to include additional specified offenses. Requires OCJP to submit an evaluation of the Child Abuser Prosecution Program, as specified, using outcome measures to determine its effectiveness.
Requires, in any criminal action or proceeding in which a witness is alleged to be a victim domestic violence, stalking, or identity theft, all identifying information shall be redacted from any ruling, decision, pleading, motion, document, exhibit, or other evidence, including testimony before the court, except upon motion of the defendant for the court to review the identifying information in camera and authorize the disclosure to the defense of only that identifying information reasonably necessary to the defendant's defense under the California or United States Constitution.
Authorizes the establishment of county multidisciplinary teams or centers for the investigation and prosecution of alleged child abuse and, under certain circumstances, the use of Victim Restitution Fund monies for child victim forensic evidentiary interview services, as specified, conducted by county-based multidisciplinary teams.
Designates 2001 as the Year of Heightened Concern for Special Children.
Proclaims April 2001 as Child Abuse Prevention Month and calls upon all Californians to observe this month by being responsible parents and by taking action to make their own communities healthy places for children to grow and thrive.
Sex OffendersExtends existing juror's rights relative to confidentiality and sealing provisions to jurors in initial commitment and postcommitment proceedings involving commitment of a person as a sexually violent predator.
Provides Internet access to the sex offender registry, as specified.
Provides that any person who, under specified circumstances, threatens verbally, in writing, or by means of an electronic communication device, to commit a sexually violent offense against a child under 14 years of age, even if there is no intent of actually delivering or conveying the threat, shall be punished by imprisonment in a county jail not to exceed one year, or by imprisonment in the state prison. Requires any person convicted of this offense to register as a sex offender pursuant to a specified provision of law.
Bans registered sex offenders who have been convicted of sex offenses against children under the age of 16 from working or volunteering in positions where they would work directly and in an unaccompanied setting with children, as specified.
Designates the month of April as Sexual Assault Awareness Month.
Requires sex offender registrants to register additionally at university campuses, as defined, where they work or are enrolled, as specified.
Grants a court exercising jurisdiction over multiple offenses involving criminal sexual acts and stalking that occurred in more than one jurisdictional territory jurisdiction over properly joinable offenses.
Amends the requirements of annual sex offender registration to expressly require registrants to provide current vehicle information, current fingerprints and a current photograph, as specified. Double-joined with AB 4 (Bates) and AB 1004 (Bates).
Expands the definition of sex offense for the purposes of the exception to the inadmissibility of character evidence which allows evidence of past sex offenses.
Increases the penalty, from a misdemeanor punishable by up to one year in county jail, to an alternative felony misdemeanor, punishable by 16 months, two, or three years in state prison, for any person who, against the will of a minor 14 years of age or older, but without unlawful constraint, touches an intimate part of the minor for purposes of sexual arousal or abuse (sexual battery), when the person holds a position of special trust. Increases the penalty, from a misdemeanor punishable by up to one year in county jail, to an alternative felony misdemeanor, punishable by 16 months, two, or three years in state prison, for any person who annoys or molests a child under the age of 18, when the person holds a position of special trust.
Increases the penalty to 25 years-to-life for conviction of specified sex offenses where the victim is a minor.
Requires sex offenders residing, enrolled or employed in any university or college to register with the campus police department.
Makes it a misdemeanor for any person required to register as a sex offender who fails to disclose their status as a registrant prior to accepting a position circulating election petitions or assisting persons to register to vote.
Specifies that unless a person committed as a sexually violent predator is subject to further incarceration for a criminal conviction or to parole, the person shall be unconditionally released in the county in which the person committed the sexually violent offense that supported the determination that the person be committed as a sexually violent predator.
Eliminates the authority for the Board of Prison Terms to grant worktime credits in order to reduce those specified sex offense sentences.
Lowers from 90 to 60 days the minimum period within which sex offender registrants must update their registration when they have no residence address.
Adds any school assault victim to those crime victims who are specifically allowed to receive up to $2,000 for relocation expenses, and adds these victims to those who may receive such reimbursement on an emergency.
Specifically states that a psychologist or psychiatrist is unavailable to evaluate an alleged sexually violent predator for purposes of commitment proceedings (1) if the evaluator's professional license has been suspended, or (2) the evaluator failed to follow State Department of Mental Health protocols, in addition to (3) the standards for unavailable witnesses set out in the Evidence Code and relevant decisional law, and to provide that an evaluator's unavailability shall not prevent the defense from presenting any relevant evidence.
Makes it a felony punishable by imprisonment in the state prison for three, six, or eight years, for any physician, nurse, physician's assistant, nursing assistant, X-ray technician, mental health care professional, or any person who falsely pretends to be a physician, nurse, physician's assistant, nursing assistant, X-ray technician, or mental health care professional, to perform or prolong a genital examination, including a female pelvic examination, a rectal examination, or a breast examination solely for the purpose of sexual gratification, arousal, or abuse.
Adds the crime of continuous sexual abuse of a child to the list of "one-strike" sex offenses.
Requires the Department of Justice to provide specified information regarding registered sex offenders on the Internet.
Controlled SubstancesRequires the State Department of Health Services to establish a voluntary program for the issuance of identification cards (medical marijuana) to qualified patients who may use marijuana for medical purposes, and for primary caregivers. Prohibits a person or designated primary caregiver in possession of a valid identification card from being subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in an amount approved by the State Department of Health pursuant to regulations, unless there is reasonable cause to believe that the information contained in the card is false. Imposes various duties upon county health departments or its designees relating to the issuance of identification cards.
Requires a seller or lessor of residential property, who knows or has reasonable cause to believe the release of an illegal controlled substance took place on the property, to notify any prospective purchaser or tenant, and imposes civil damages (and, in appropriate cases, civil penalties) for nondisclosure. Sunsets January 1, 2004.
Classifies possession of not more than 28.5 grams of marijuana as an infraction instead of a misdemeanor on the first offense. Reduces required conviction prior to requiring the court to send the individual into a diversion program from three to two convictions. Deletes provisions relative to booking procedures.
Allows a practitioner eligible to obtain triplicate prescription forms for Schedule II controlled substances (e.g., a physician or a pharmacist) to request the history of controlled substances dispensed to an individual under his/her care based on data contained in the Controlled Substance Utilization Review and Evaluation System (CURES). Appropriates $145,000 from the General Fund to the State Department of Justice for CURES in the 2001-02 fiscal year. Sunsets on July 1, 2003.
Classifies the drug 3, 4-Methylenedioxymethamphetamine within Schedule I of the state controlled substances law.
Similar legislation is AB 1416 (Leach-R), which is in Assembly Public Safety Committee.
Makes the possession of a benzodiazepine drug a misdemeanor or an infraction. Double-joined with AB 258 (La Suer).
Creates a three-year sentence enhancement for any person convicted of the manufacture or attempted manufacture of methamphetamine or phencyclidine, or possession or attempted possession of specified precursor chemicals, when the crime occurs in a structure within 1,000 feet of a dwelling. Deletes provisions of existing law that require a school be open for school-related programs in order for a two-year enhancement to apply for commission of specified drug offenses on school grounds.
Moves the controlled substance gamma hydroxybutyrate or gamma-hydroxybutyric acid from Schedule II to Schedule I with specified exceptions. Double-joined with AB 98 (Zettel).
Authorizes privately funded research on industrial hemp to be conducted in California after the State Department of Justice issues a state controlled substance registration and the federal Drug Enforcement Administration issues a federal controlled substance registration for research on the agronomic potential of industrial hemp.
Increases the penalty, from a misdemeanor, punishable by up to one year in the county jail, to a felony, punishable by 16 months, two, or three years in state prison, for knowingly dispensing a dangerous drug or device, or knowingly operating a business that dispenses or furnishes a dangerous drug or device without a license to dispense or furnish these products.
Increases the penalties and enhancements for methamphetamine manufacturing, and disposal, as specified.
Creates a new felony for extracting ephedrine or pseudoephedrine and increases the penalties for manufacturing, as specified.
Expands the existing two-year enhancement for manufacturing phencyclidine or methamphetamine in a structure where a child under the age of 16 is present, to include a structure where a child resides.
Reauthorizes for three more years a limited Los Angeles courts pilot project that allows public prosecutors to file unlawful detainer actions to evict drug dealers and users from a rental property, while allowing the law-abiding tenant or tenants to remain as tenants of the property. Also requires a new Judicial Council report and evaluation of the program.
Increases the penalties for methamphetamine convictions and prohibits probation, as specified.
Classifies the drug 3, 4-Methylenedioxymethamphetamine within Schedule I of the state controlled substances law. Provides that it is unlawful for any person to use or be under the influence of the drug.
Similar legislation is SB 1103 (Margett-D), which is in Senate Public Safety Committee.
Drunk Driving/Other Vehicle Code Offenses
Makes it an infraction to leave a child under the age of six unattended in a motor vehicle, as specified, and creates a fund for an educational campaign regarding the dangers of leaving a child in a vehicle.
Requires yellow light change intervals at intersections at which there is an automated enforcement system. Provides that the change intervals would be established in accordance with the Traffic Manual of the State Department of Transportation.
Initiates an evaluation of the current driving under the influence sanctions and seeks recommendations for improvement.
Increases the penalties for evading a peace officer.
Requires the State Department of Motor Vehicles (DMV) to license and regulate home study traffic violator programs and limits the fee charged by courts for nonprofit agencies to monitor traffic violator programs to $3.
Provides that failure to fully comply with, rather than failure to enroll all drivers in, the required pull notice system results in exercise of the suspension authority. Provides that a household goods carrier who continues to employ as a driver a person against whom a disqualification action has been taken affecting that person's driving privileges is subject to suspension of the carrier's permit. Adds allowing or permitting a driver to continue driving a commercial motor vehicle after being notified that the driver has tested positive for controlled substances or alcohol use, or refused to test, in violation of federal regulations to the list of actions for which the State Department of the California Highway Patrol recommends suspensions and suspension would be required.
Doubles the fines and increases the penalties for specified traffic violations that occur in a "posted school zone". Establishes a special account within counties' treasuries for the deposit and disbursal of moneys collected from these enhanced fines to allow school districts, cities, and counties to establish and/or enhance programs that bolster student safety.
Limits fines for specified vehicle equipment and registration violations.
Increases the penalty for felony driving under the influence under specified conditions.
Addresses a provision in existing law that does not allow a person whose car was impounded for driving on a suspended or without a license who is able to correct the problem with his or her license and have it reinstated to get their car back before the 30-day period has expired.
Establishes a pilot program to prove residence address information to qualifying private colleges and universities to be utilized solely for the purpose of enforcing parking restrictions.
Requires a peace officer to give a verbal command to stop, or sound a horn, whistle, or other audible device that produces a sound of at leas 115 decibels, or give a hand signal when commanding the person to stop, rather than requiring an officer to do all three in order to constitute misdemeanor fleeing from a bike officer. Deletes the requirement that a peace officer's bike be distinctively marked when a person, while operating a motor vehicle, flees a pursuing officer.
Permits a traffic violator school to accept any person interested in attending this school, not only court-ordered traffic violators.
Requires the State Department of Motor Vehicles to license home study programs as traffic violator schools.
Increases the penalty for eluding a peace officer while driving a vehicle which causes death or great bodily injury from an alternate misdemeanor/felony to a straight felony punishable by three, four, or five years in state prison, b a fine between $5,000 to $10,000, or by both fine and imprisonment.
Prohibits any person from using a cellular telephone while operating a motor vehicle, unless that telephone is specifically designed to allow hands-free operation and is used in that manner while driving.
Eliminates the ten-year washout period that exists when a person has been convicted of a felony driving under the influence (DUI) when a death occurred as a result of that DUI.
Similar to SB 1025 (Karnette-D) which is in Assembly Appropriations Committee.
Creates a misdemeanor for a person under the age of 21 who drives with a blood alcohol content of 0.01 percent or more of alcohol in his or her blood.
Creates an alternate felony/misdemeanor (wobbler) for any person convicted of reckless driving that proximately causes great bodily injury, by deleting the requirement that the person have a prior conviction for one of any specified offenses.
Narrows the instances when a vehicle can be impounded because the person is driving with an invalid license and makes specified changes regarding post-storage hearing.
Other Crimes and SentencingAllows, at the request of the guilty party, for the appointment of counsel prior to the filing of a motion for post-conviction DNA testing and makes other technical changes to the provisions on post-conviction DNA testing, as specified.
Changes the definition of "implied threat" in the stalking statute to delete "pattern" of conduct, as specified.
Requires the Attorney General to provide grants to community-based hate violence prevention and response networks according to criteria specified by the Attorney General in consultation with the Governor and existing networks. Requires the Attorney General, in consultation with the Governor and the Superintendent of Public Instruction to recommend a source of funding for the grants.
Requires the Attorney General to establish, operate and publicize a toll-free telephone number and a World Wide Web site to encourage victim and witness reporting of hate crime and hate incidences.
Requires detailed notice to a property owner for property seized without a warrant by a law enforcement agency.
Makes numerous minor conforming and technical changes to penal provisions in various codes, as determined and urged by the California District Attorneys Association.
Requires that the court or a probation department, the State Department of Corrections, or the State Department of the Youth Authority only order or arrange for placement, or refer, persons under the jurisdiction of the court or the respective departments to a sober living home, as defined. Requires a sober living home to provide certain information to the local law enforcement agency having jurisdiction in the area in which the home is located in order to be certified.
Adds "hate crimes" to the list of issues to be addressed in interagency safe schools programs established under the School/Law Enforcement Partnership. Requires comprehensive school safety plans to include development of a discrimination and harassment policy, and development of hate crime reporting procedures.
Makes changes to the evidence retention and confidentiality provision and the criminal liability provisions of the Missing Persons DNA Database.
Makes technical changes and corrections to specified Penal and Vehicle Code provisions, including extending the date for the interlock system to be completed.
Adds, as a special circumstance in a capital case, the circumstance where the victim was protected by a restraining order or other protective order directed against the defendant.
Requires, by January 1, 2003, the Governor's Office of Criminal Justice Planning to establish a uniform approach for providing medical examinations, documentation and evidence collection for victims of domestic violence and elder and dependent adult abuse, as specified. Appropriates $100,000 to implement the provisions of the bill.
Enacts a California version of the Federal "FACE" Act that is designed to protect physicians and others who provide abortion services, patients seeking such services, and places of worship, from violent protests and related conduct that is so extreme as to not be constitutionally protected.
Allows women who were convicted of homicide prior to the enactment of the Evidence Code provision providing for the admissibility of evidence relating to battered women's syndrome to bring a writ of habeas corpus when there is a reasonable probability that the result of the case may have been different had evidence of battered women's syndrome been admissible in the original trial.
Allows prosecutors to charge a defendant with grand theft (goods/service greater than $400 in value) where the defendant committed a number of petty thefts pursuant to a common scheme or intent.
Increases the restitution fines applicable to bribery, so as to ensure that public official defendants do not profit from their crimes despite prosecution.
Attempts to avoid bail forfeitures by requiring judges to remand defendants into custody after a plea based upon an "indicated sentence," unless the court specifically finds that the defendant is not a flight risk.
Prohibits the court from striking or otherwise reducing circumstances in existing law adding an enhancement for crimes where the perpetrator is armed with a firearm.
Updates the prohibition on monitoring of subscribers and receivers of satellite services to reflect current service technologies.
Requests the Attorney General to develop a plan to prevent and report crimes against homeless persons and to report to the Legislature recommendations associated with curbing the crimes.
Expands the list of offenses that may constitute a "pattern of criminal gang activity" to include forgery, counterfeiting, and unlawful use of the personal identifying information of another person.
Appropriates $75,000 from the General Fund to the State Department of Social Services (DSS) for implementing a pilot project in San Francisco, Santa Clara and Lake counties to train employees of banks and other financial institutions to recognize and report financial abuse of the elderly and dependent adults. Requires DSS to develop training materials and a uniform system of reporting financial abuse of the elderly. Sunsets January 1, 2006.
Increases the penalty from a "woblette" (an alternate misdemeanor-infraction punishable by up to one year in county jail) to a wobbler (an alternate felony-misdemeanor, punishable by up to one year in county jail, or by 16 months, two, or three years in state prison) for knowingly contacting a minor 12 years of age or younger for the purpose of luring the minor away from home or any other location, with the intent to avoid consent of the minor's parent or guardian. Increases the age of the minor from 12 to 15.
Authorizes the payment by credit card for the deposit of bail or for any fine for any offense not declared to be a felony.
Makes it a misdemeanor to knowingly sell, market, advertise, manufacture, compound, convert, produce, derive, process, or prepare any substance which, when added to a drug test sample, produces a false-negative result.
Includes criminal prosecuting attorneys' offices within the list of agencies that may receive reports or disclosure of reports regarding actual or suspected abuse of elders and dependent adults. Adds criminal prosecuting attorneys' offices to the list of agencies exempted from civil or criminal liability for any report, unless a false report was knowingly made. Adds criminal prosecuting attorneys' offices to the list of those entities exempted from liability for providing access to a victim of abuse, and also to the list of those entities that may present a claim to the State Board of Control
Provides that it is unprofessional conduct and a crime to prescribe, dispense, or furnish psychotropic drugs to a dependent child of the court, or a ward of the court, where the child has been removed from the custody of the parent or guardian, without a juvenile court order.
Eliminates the requirement that an identity theft perpetrator obtained the victim's identifying information without authorization.
Expands the list of mandated reporters of elder and dependent adult abuse to include a clergy member as defined, humane societies and animal control agencies, fire departments, and offices of environmental health and building code enforcement. Provides that the requirement to report would not apply to a clergy member who receives communication similar to that protected by the clergy-penitent privilege.
Grants a court exercising jurisdiction over multiple offense involving criminal sexual acts and stalking that occurred in more than one jurisdictional territory jurisdiction over properly joinable offenses.
Reduces county jail "work-time/good-time" credits from one-third the time served to no more than 20 percent for a nonviolent felon awaiting trial who is charged under the three-strikes law.
Provides that the penalty for the attempt to contact a minor for the purpose of luring the minor away from his/her home or other location shall be the same as if the offense had been completed.
Adds use of an "imitation gun" to the statute that requires an additional one-year in state prison for use of a deadly or dangerous weapon in the commission or attempted commission of a felony.
Allows for subsequent arrest information for persons employed as in-home personal care to an aged or disabled adult. Extends the sunset on the rural crime prevention act.
Doubles current penalties for assaults with a gun or a deadly weapon upon peace officers or firefighters.
Provides guidelines for the expulsion and suspension of students who aid and abet batteries that occur on school grounds, as specified. Authorizes courts to order minors involved in assaults or batteries to attend counseling.
Increases the number of crimes covered in the DNA data bank to include first degree robbery, first degree burglary, felony arson and carjacking. Adds specified individuals to the list of those DNA information may be released to.
Makes substantive and procedural changes to the California Department of Corrections' Compassionate Release Process in order to improve and expedite the process, as specified.
Deletes a rebuttable presumption in the law stating if a death occurs beyond three years and one day after the date that the action that caused the eventual death, the killing was not criminal.
Allows enhanced punishment for a person convicted of a child pornography offense where the person has a prior conviction for sex crimes involving children.
Amends statutory law to specify that deportation from the United States constitutes a form of inability to appear in court that can support a court's decision to vacate an order of forfeiture and exonerate bail.
Establishes a grant program in the Governor's Office of Criminal Justice Planning that enables counties to more effectively address the financial abuse of exploitation of elders and dependent adults, as specified.
Creates a new felony offense for any government employee who knowingly gives a false driver's license or identification card.
Prohibits insurers from canceling or refusing to renew a policy held by a religious or educational organization or other nonprofit solely on the basis that the policyholder has filed one or more claims for damage resulting from a hate crime.
Requires a long list of probation conditions when probation is granted for the commission of so-called high-tech crimes accomplished with the aid of a computer, electronic mail, or the Internet, and requires mandatory minimum probation of at least 36 months in felony high-tech cases.
Establishes in the State Department of Justice the Asian Pacific Islander Anti-Hate Crimes Program. Appropriates $250,000 to implement the provisions of the bill. The provisions sunset on January 1, 2005.
Creates an Office of Criminal Justice Planning-administered program for (1) prosecution of methamphetamine manufacturing crimes that may endanger children, and (2) providing services to children injured or endangered by such activities.
Prohibits a felony conviction for the simple possession of a controlled substance from being used as a second or third strike for the purpose of the "Three Strikes" law.
Expands the scope of the existing offense involving mischievous animals to include a person having custody or control of the animal and prescribes penalties for situations where the animal either kills or causes great bodily injury to any human being.
ProceduralRequires defendants to pay the costs of supervision by the probation department while in a deferred entry of judgment program.
Redefines psychotherapist to ensure that communication between a patient and a registered or licensed professional (or his or her trainee or intern) that the patient reasonably believes is a "psychotherapist" will be confidential and privileged.
Provides that the statutorily authorized automatic stays on court orders affecting child custody do not apply to proceedings relating to parental kidnapping of a child from the state or county having jurisdiction over custody.
Lengthens the times relative to a criminal defendant's right to a speedy trial in felony cases and shortens the time in misdemeanor and infraction cases.
Requires the judge to take specified precautions when a person with disabilities is a victim of specified crimes and adds crimes of domestic violence to the current list of sex offenses that require specified precautions when a person under 11 years of age is the victim.
Lowers the standard required for corroborating evidence necessary to file an otherwise time-barred child sexual abuse case when the complainant is under the age of 21, as specified.
Makes numerous cleanup changes to statutes relating to trial court funding and amends various discover-related statutes to make discovery practice and procedure more uniform throughout the state.
Requires that, in counties with five or more judges, the reassignment to a different judge shall be made on a random basis in cases where a party moves to disqualify a judge.
Requires persons accused of misdemeanor domestic violence-related offenses to be present for arraignment and sentencing.
Provides that a statement concerning negligence of culpable conduct that is part of, or in addition to, statements and/or gestures expressing sympathy, or a general sense of benevolence, is not inadmissible, as specified.
Specifies that, if a defendant in a misdemeanor case appeals the denial of his or her motion for the return of property or to suppress evidence, the trial court has discretion to grant a stay of the trial pending disposition of the appeal.
Provides for the exclusion and separation of potential and actual witnesses during a hearing on a motion to suppress evidence.
JuriesExempts San Francisco Bay Area Rapid Transit District police from jury duty in civil and criminal matters.
Extends confidentiality and sealing provisions in existing law relative to identifying information or jurors, to jurors in initial commitment and postcommitment proceedings involving commitment of a person as a sexually violent predator.
Seeks to raise the minimum amount that a county may pay grand jurors, from $10 to $15, effective July 1, 2002. Raises the mileage reimbursement for grand jurors from $0.15 per day, one way only.
Provides that an eligible person who serves as a pollworker at a national, statewide, or local election is excused from jury service for a period of one year following the date of the election at which the pollworker serves.
Juvenile JusticeRequires the State Department of Justice to collect statistical data concerning minors who are handled in criminal courts, as specified.
Places a $400 million juvenile detention facility general obligation bond act on the March 2002 statewide ballot to fund construction, renovation, and deferred maintenance (of items with a useful life of at least 10 years) of county juvenile facilities and county temporary shelter care facilities for children removed from their homes due to abuse or neglect.
Authorizes juvenile courts to commit 18 year-old delinquent wards to jail for not more than one year, as specified.
Makes numerous substantial changes in several areas of juvenile court law.
Establishes the Council on Mentally Ill Offenders within the Youth and Adult Correctional Agency, as specified.
Authorizes the photographing and fingerprinting of minors taken into temporary custody for a felony.
Follows up on recently enacted legislation that highlight the value of maintaining relationships between a dependent child and his/her siblings.
Permits the California Youth Authority (CYA) to hold a minor, committed to the CYA by the juvenile court for murder, past his/her 25th birthday, by changing the calculation of confinement to a period of time equal to the time between the date of the commission of the offense and the date of the offender's 25th birthday. Provides that the period of confinement may not exceed the maximum term of imprisonment that could be imposed upon an adult convicted of the same offense, unless an order for further detention has been made by the committing court, as specified. Authorizes the court to waive the extended confinement period for cause.
Authorizes a court to order visitation between the parent or guardian and the child, for a total of not more than 60 days, for the purpose of facilitating a gradual transition for the permanent and safe return of the child to his/her home, where the court has found that there is a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child if he/she is returned home. Authorizes the court to impose any conditions or restrictions on that visitation necessary to ensure the well being and safety of the child.
Establishes the "Youth Leadership Through Education and Crime Prevention Pilot Program" to serve young people six to 18 years of age from disadvantaged circumstances, at youth centers operated by nonprofit youth serving agencies in three specified counties, as specified. Appropriates $1.5 million to implement the program.
Authorizes the juvenile dependency court, when issuing a restraining order protecting a child from certain behavior by any parent, guardian , or current or former member of the child's household, to also issue an order protecting the parent, guardian of current caretaker of the child from that person, whether the child resides with them or not. Double-joined with SB 66 (Kuehl-D), Chapter 752, Statutes of 2001.
Appropriates $20 million from the General Fund to the Board of Corrections for continuing and expanding the juvenile "Repeat Offender Prevention Project."
Appropriates $400 million (General Fund) to the Board of Corrections for competitive grants to counties for construction, expansion and renovation of local adult and juvenile detention facilities, and requires the Board of Corrections give priority to counties with court-ordered population caps that have resulted in the release of inmates prior to their scheduled release dates.
Creates the Truancy Court Pilot Project in Los Angeles, as specified.
Enacts a technical family and juvenile law cleanup bill. Updates codes and code references and restores a provision to the juvenile dependency law that was inadvertently chaptered out last year. (The changes will be consistent with legislation passed in recent years with regard to family and juvenile law proceedings.)
CorrectionsRequires, upon appropriation by the Legislature, the State Board of Corrections to award competitive grants to cities and counties for the construction and renovation of local adult detention facilities.
Requires that a state agency be the authority that licenses or certifies the drug treatment programs that qualified probationers and parolees are ordered to complete.
Requires that the basic standards of training for correctional personnel include basic, entry, continuation, supervisory, management, and specified assignments.
Provides that the Governor appoint a warden for a correctional institution for a term of three years and specifies that a warden is subject to removal by the Director of the State Department of Corrections (DOC) at any time. Requires the Director of the DOC to notify the Auditor General, within 15 days of a warden completing two years of his or her three-year term to undertake a review of the fiscal management of the prison managed by the warden and to issue a report, as specified. Prescribes conditions for the reappointment of wardens.
Appropriates $18 million to the State Department of Drug and Alcohol Programs to provide money for urinalysis testing of participants in Proposition 36 drug treatment programs, within specified guidelines, and clarifies certain provisions in the initiative.
Enacts the Drug Addicted Offender Treatment Program and appropriates $50 million from the General Fund, without regard to fiscal year, to the State Board of Corrections to establish a competitive grant program for counties to expand or establish treatment programs. Provides that the programs be directed toward county jail inmates who are likely to recidivate or be committed to state prison and provide treatment during incarceration and after release. Requires an evaluation and report by December 31, 2007.
Revises the composition and terms of the California Council for Interstate Adult Offender Supervision (Council), designating the Director of the State Department of Corrections as member, commissioner, and Compact Administrator for the purpose of the federally created Interstate Compact for the Supervision of Adult Offenders, and extending the terms of the Council from two to four years.
Requires the Council to make recommendations regarding the best method for implementing the Interstate Compact in California to the Legislature, Governor and Judicial Council, no later than January 1, 2003.
Requires that when a prisoner's commitment is terminated, the State Department of Corrections, and officials from the county in which a prisoner intends to reside, develop a plan from the prisoner's release into the community.
Prohibits medical technical assistants, who are licensed vocational nurses, from making any decision concerning access to care for inmates and requires the State Department of Corrections to report to the Legislature on the cost and benefits of charging a $5 co-payment for each inmate-initiated medical visit.
Establishes, within the State Department of Corrections (DOC), the Robert E. Burton Correctional Board of Education to oversee all correctional education activities and appoints a Superintendent of Correctional Education to administer educational programs within DOC.
Makes specified changes recommended by the California Law Revision Commission in the emergency rulemaking authority of the State Department of Corrections.
Enacts the Mental Health Enhancement and Crime Prevention Act of 2001. Requires the State Board of Corrections, contingent upon an appropriation in the State Budget Act, to reimburse counties for the excess cost of providing psychotropic medications to county jail inmates for the purpose of reducing recidivism through more effective mental health treatment and post-release patient follow-up.
States the Legislature's findings and declarations with respect to self-esteem. Requires the State Board of Corrections (BOC) to require participating probation departments to consider specified aspects of self-esteem when developing training for probation officers who provide direct service to juvenile probationers. Requires the BOC to survey local probation departments to determine which departments are using the self-esteem training that is to be considered.
Allows female prisoners serving an indeterminate term of imprisonment, who do not have a release date set, to have overnight visits with their children under the age of 21 years, subject to any other applicable restrictions on such visits.
Authorizes the Director of the State Department of the Youth Authority to transfer any person, 18 years of age or older, to the State Department of Corrections, as specified.
Authorizes the State Board of Prison Terms (BPT) to convene specified hearing panels, on an emergency basis, until December 31, 2003. Requires the BPT commissioners to participate in hearings each work day. Appropriates $31,743,000 to implement the provisions of the bill and makes related changes.
Specifies, in statute, that State Department of Corrections (DOC) "correctional counselors" are peace officers and that they may carry firearms while not on duty (currently those persons are peace officers by virtue of the Director of DOC's designation authority).
States legislative intent to implement the findings and declarations added by initiative statute effective July 1, 2001. Appropriates $19,200,000 from the General Fund to the director of the State Department of Alcohol and Drug Programs to implement the provisions of the bill.
Establishes the Council on Mentally Ill Offenders within the State Youth and Adult Correctional Agency.
Prohibits an individual, corporation, partnership, association, or other private organization or entity, from constructing or operating a private correctional or detention facility in this state, unless expressly authorized by California statute. Creates an exception to this provision for any contract for operation entered into prior to January 1, 2002.
Increases the default commitment period for a mentally disordered offender from one to two years. Requires an annual evaluation and recommendation regarding the offender's status from the State Department of Mental Health to the court, the district attorney, the defense and the offender.
Increases the State Board of Corrections by two additional members who represent rank and file members from local correctional facilities.
Requires the State Youth and Adult Correctional Agency to prepare a report to the Legislature on a plan to improve the education and training of future leaders in the State Department of Corrections and the State Department of the Youth Authority.
Requires the State Department of Corrections to determine whether an inmate who tests positive for hepatitis C is eligible for veterans' health benefits.
Allows programs of adult education in correctional facilities to be funded for as much as five percent annual growth on top of the currently allowed 2.5 percent growth, if that growth can be attributed to courses in the prevention of domestic violence or the prevention of substance abuse. Authorizes this growth in funding for fiscal years 2002-03 to 2005-06, inclusive.
Enacts protections, as specified, for personal information of employees in state prisons maintained by the State Department of Corrections.
Requires the Director of the State Department of Corrections (DOC) to establish a publicly accessible Internet database, as specified, containing identifying information about persons who are fugitives, escapees, or have absconded, and information about inmates and parolees, including, but not limited to, identifying information and commitment offense.
Requires the State Department of Corrections to establish a five-year pilot program to use a Global Positioning System to track 100 parolees with a record of sex crimes or stalking.
Appropriates $400 million from the General Fund to the State Board of Corrections (BOC) for competitive grants to counties for construction, expansion and renovation of local adult and juvenile detention facilities and requires the BOC to give priority to counties with court-ordered population caps that have resulted in the release of inmates prior to their scheduled release dates.
Requires the Director of the State Department of Corrections to develop and implement a paperless intranet system for inmate health care records by January 1, 2007. Requires the State Department of Information Technology to manage the project.
Requires defendants who are ordered to complete a batterers program to attend consecutive weekly sessions and to complete the program within 18 months, unless the court finds good cause to modify these requirements, as specified.
Requires a local detention facility to provide, upon request, an affidavit of registration or an application for an absentee ballot, or both, to a prisoner who is otherwise eligible to vote. Requires the local detention facility to allow the prisoner to mail a completed affidavit of registration or application for absentee ballot to the appropriate county elections official, vote his or her absentee ballot and mail it to the appropriate elections official.
Urges the federal government to take custody of over 20,000 undocumented alien felons.
Victims' RightsAllows an identity theft victim to obtain information about unauthorized requests for credit that have been made in his/her name. Clarifies procedures to be followed by a victim of identity theft prior to receiving information from a credit card issuer.
Creates the Identity Theft Victim's Protection Act of 2001 by requiring the Office of Criminal Justice Planning to establish regional identity theft units as components of the existing High Technology Task Force.
Requires the California Victim Compensation and Government Claims Board to establish up to five Victim Recovery, Resource and Treatment Programs.
Authorizes the California Victim Compensation and Government Claims Board (Board) to reimburse specified entities as a direct result of the September 11, 2001 terrorist attack, as specified. Authorizes the Board to provide reimbursements, which cumulatively shall not exceed a total of $2,575,000 to county boards of supervisors, upon their request, for specified purposes.
Extends existing law, which grants the victim, next of kin, or two members of the victim's immediate family, the right to appear at a parole hearing before the State Board of Prison Terms to express views regarding the offender, to include representatives designated by the victim or next of kin.
Adds victims or derivative victims of crimes in which the perpetrator is sentenced to death, or life without the possibility of parole, to those victims and circumstances where the California Victim Compensation and Government Claims Board may grant an additional extension to file a claim, as specified. Extends the sunset on the section of law which allows such extraordinary extensions from January 1, 2003 to January 1, 2004.
Establishes a program for the placement of specified memorial signs along state highways recognizing victims of drunk and drugged driving accidents. Prescribes the conditions and terms of placing such signs, their duration and the payment of the costs associated with the signs. Sunsets on January 1, 2007.
Adds parolees to the existing provisions that require the Director of the State Department of Corrections to deduct outstanding restitution fines and orders from court awards or settlements relating to imprisonment and requires that the existing five percent administrative fee be deducted, as well.
Makes a number of changes to the eligibility and reimbursement provisions of the Victims of Crime Program.
Adds any sexual assault and/or domestic violence victims to those crime victims who are specifically authorized to receive up to $2,000 for relocation expenses and adds any sexual assault or domestic violence victims to those victims who may receive such reimbursement on an emergency, or expedited, basis.
Double-joined with AB 1017 (Jackson-D).
Requires, in any criminal action or proceeding in which a witness is alleged to be a victim of domestic violence, stalking, or identity theft, all identifying information shall be redacted from any ruling, decision, pleading, motion, document, exhibit, or other evidence, including testimony before the court, except upon motion to the defendant for the court to review the identifying information in camera and authorize the disclosure to the defense of only that identifying information reasonably necessary to the defendant's defense under the California or United States Constitution.
Authorizes the establishment of county multidisciplinary teams or centers for the investigation and prosecution of alleged child abuse. Authorizes, under certain circumstances, the use of Victims Restitution Fund monies for child victim forensic evidentiary interview services, as specified, conducted by county-based multidisciplinary teams.
Recognizes the week of April 23 through 27, 2001, as Crime Victims' Rights Week in California.
Proclaims the Legislature's support for National Crime Victims' Rights Week, by recognizing the importance of considering crime victims' pain, suffering, and lost quality of life when analyzing public policy, and by encouraging all Californians to learn about the methods available to minimize the risk of victimization and make their communities safer places in which to live.
WeaponsMakes a series of changes to the Dangerous Weapons' Control Law. Specifically, this bill (1) requires the State Department of Justice (DOJ) to develop and maintain a system for reporting information regarding the date and time of handgun deliveries by dealers, and authorizes DOJ to charge a fee to cover the cost of the system, (2) requires, commencing July 1, 2005, handgun dealers to report date and time delivery information to DOJ, and (3) requires, until July 1, 2005, if required by DOJ, a licensed handgun dealer (or a sheriff's department in a smaller county) to provide date and time delivery information to DOJ, as prescribed to DOJ.
Expands the existing criminal storage of a firearm penalties to include such storage when a minor is under 18 years of age (currently 16) and creates a new penalty for criminal storage of any firearms, whether unloaded or not, when no injury occurs, but the minor brings the firearm to any pubic or private K-12 school or school event punishable as a misdemeanor, as specified.
Repeals, effective January 1, 2003, the Basic Firearms Safety and Certificate program, administered by the State Department of Justice, and replaces it with a Handgun Safety Licensing Program funded from fees.
Provides that no owner or possessor of privately owned real property that is open to the public may restrict an off-duty or honorably retired peace officer from entering the property, if the peace officer is carrying a firearm and not then acting in the official capacity of a peace officer.
Defines those "thumb opening" knives which are not prohibited "switchblade knives" in California by additionally requiring that the knife "opens" by thumb action and "has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position."
Increases the fees for firearm dealer inspections by the State Department of Justice (DOJ), from $85 to $115.
Changes the current prohibition on tear gas weapons that expel a projectile to permit possession and use of such weapons, as specified.
Makes technical changes and corrections to specified Penal and Vehicle Code provisions.
Prohibits any person in California from manufacturing, or importing for sale, or any licensed firearms dealer from selling, a semiautomatic pistol after January 1, 2003, that does not have a chamber load indicator. Provides that, if the semiautomatic pistol has a detachable magazine, the pistol must have a magazine disconnect mechanism.
Enacts the California Project Exile Pilot Program of 2001, as specified, and appropriates $10 million to the Attorney General for distribution to district attorneys for the program in those areas having particularly high incidences of firearm related crimes.
Similar to AB 1215 (Ashburn-R), which is in Assembly Appropriations Committee.
Clarifies the definition of a flechette dart to add the word "approximately" before the current definition of five-sixteenths of an inch of the body of the dart.
Amends the existing restrictions on large-capacity firearms magazines to (1) specifically allow the manufacture in California for persons or entities which are otherwise exempted form the existing restrictions on importation, purchase, sale, and use, and (2) exempt tubular magazines in lever-action firearms from the definition of restricted magazines. Adds exemptions for specified sworn law enforcement officers to buy and possess assault weapons and to make related changes, as specified.
Prohibits plea bargaining in any case in which a defendant provides a gun to a minor, pursuant to Penal Code Section 12072, and the minor uses the gun to commit a crime, or the gun causes the minor's death.
Clarifies the code section providing limited statutory protection from liability for manufacturers and sellers of firearms and ammunition.
Defines "handgun" to mean a pistol, revolver, or firearm capable of being concealed upon the person.
Establishes, on or about July 1, 2002, the Prohibited Armed Persons File to assist law enforcement agencies and investigate persons who are legally prohibited from owning or possessing a firearm who may have been involved in the sale or transfer of a firearm.
Double-joined with SB 52 (Scott-D), AB 35 (Shelley-D), AB 22 (Lowenthal-D), SB 9 (Soto-D), and SB 294 (Scott-D).
Provides that the offense of carrying a loaded firearm in public will be punishable as a felony, in the case of a criminal street gang member, where the person is an active participant in a criminal street gang and referencing the definition of "criminal street gang", as defined in existing law.
Prohibits the court from certain acts when sentencing an individual for a crime in which the perpetrator discharged a firearm.
Prohibits, commencing January 1, 2004, local entities from issuing a license to sell firearms to any applicant where the building to be designated in the license where the retail sale of firearms is to occur is a residential dwelling, as specified. Grants five exceptions from that general prohibition and makes related and cross-reference changes in law.
Double-joined with SB 90 (Brulte-R), AB 35 (Shelley-D), and SB 52 (Scott-D), all of which amend Penal Code Section 12071. The bill also incorporates language from two bills, SB 9 (Soto-D) and SB 274 (Karnette-D), that have already been enacted into law.
Creates a handgun safety certificate system in California, administered by the State Department of Justice, effective January 1, 2003, as specified.
Establishes the "Developing Increased Safety through Arms Recovery Management" program, contingent upon an appropriation in the 2001-01 State Budget, to enforce gun laws, on the local level through county probation departments, related to probationers.
Changes the January 1, 2001, effective date of the change in law enacted last year designating the coloration/markings of imitation firearms, which may be sold in California, to December 31, 2001, for persons with preexisting inventory or documented future orders, as specified.
Authorizes the State Department of Justice to assess licensed gun dealers, manufacturers, and specific permit holders, an annual fee not to exceed $25, in addition to the current $85 fee, for the reasonable costs of inspections and related enforcement activities, and extends this fee to licensed gun manufacturers.
Provides that each person is responsible for the result of willful acts and for injury to another, occasioned by his/her want of ordinary care and skill, as they apply to the design, distribution and marketing of firearms and ammunition.
Creates a one-year assault weapon buyback program, administered by the State Department of Justice, between January 1, 2002, and January 1, 2003, in which DOJ will give $100 for each assault weapon turned in to local law enforcement, as specified. Specifies that persons relinquishing assault weapons per this program will be immune from prosecution for illegal possession of an assault weapon.
Extends, from January 1, 2001, to January 31, 2002, the date by which the Attorney General is to report on a study of firearms ballistics identification systems, as specified in existing law.
Exempts any pistol, revolver, or other firearm capable of being concealed upon a person, for which manufacture had ceased prior to January 1, 2001, from compliance with specified safety requirements.
Extends the sunset date on the illegal firearm pilot project in Los Angeles and Fresno Counties from January 1, 2002, until January 1, 2005, and appropriates $1 million from the General Fund to continue the project.
Appropriates $10 million from the General Fund to establish "Project Exile" to investigate and prosecute persons who illegally possess or use guns.
Similar to SB 560 (Morrow-R), which failed passage in the Senate Public Safety Committee.
Prohibits the sale, loan or transfer of any pistol or revolver, commencing on January 1, 2006, unless that firearm includes an integrated safety device, as specified, designed to prevent children and others from discharging the firearm.
Legal ProfessionsRequires that interest earned on unsegregated client trust fund (IOLTA) accounts be paid to the attorney's clients on a pro rata basis. Makes legislative findings and declarations relating to IOLTA accounts and to the courts' rulings in Phillips v. Washington Legal Foundation, 524 U.S. 156 (1998) and in Washington Legal Foundation v. Legal Foundation of Washington, 236 F. 3d 1097 (9th Cir. 2001).
Authorizes the State Bar of California to collect up to $390 as annual State Bar membership dues for the years 2002 and 2003. Provides, as prescribed under existing law, the dues will fund only mandatory programs of the State Bar, and any member may deduct $5 from the dues amount, if the member did not wish to fund "non-Keller" activities of the State Bar. (The $390 figure reflects a $5 reduction [from $40 to $35] in the amount the State Bar is authorized to assess for the Client Security fund.
Specifies that operation of the bill is contingent upon the enactment of SB 479 (Burton), Chapter 129, Statutes of 2001, which requires the State Bar Board of Governors to establish a diversion and assistance program to provide services for the treatment and recovery of attorneys due to mental illness or alcohol or drug abuse. SB 479 contains $10 of the total funding authorized in the $390 amount.
Requires the Board of Governors of the State Bar to set up a diversion and assistance program to provide services for the treatment and recovery of attorneys who may be impaired due to mental illness or drug or alcohol abuse.
Makes various changes with respect to the general bar examination and the Attorneys Examination.
Allows a tax credit for service provided by an attorney, physician, optometrist, or dentist, for no charge on behalf of any nonprofit charitable organization that helps the poor.
Requires that the salaries of state attorneys in State Bargaining Unit 2 be no less than the average salaries of public sector attorneys and that the salaries of state administrative law judges, but not less than the salaries of state attorneys classified at a specified level.
Provides that unpaid residuals from class action litigation will be paid, either to nonprofit organizations to support projects beneficial to the class, or to promote the law consistent with the objectives of the litigation, or to child advocacy programs or nonprofit legal services programs. Deletes a statute authorizing a legal services program that never was formed and makes other related changes.
Provides that attorneys employed by the state in nonelective positions and administrative law judges may serve on a local appointed or elected governmental board, commission, committee, or other body, or as a local elected official, if such service will not otherwise present a conflict of interest. (This provision brings the rules for attorneys employed by the state into conformity with longstanding rules for attorneys employed by local entities.)
Provides that every public agency attorney licensed in California should be provided with adequate guidance to reasonably determine the circumstances under which they may properly seek to protect the public interest, even at the risk of disclosing client confidence.
Imposes a special set of restrictions on advertisements by attorneys who practice construction defect law. Requires any print, radio or television advertisements promoting the services for such attorneys to detail all expenses and attorney's fees that will be assessed, and to address any legal obligations a homeowner has to disclose a construction defect he or she knows about when putting the home up for sale, and the potential financial impact that may result if the defect is not fixed.
Demonstrates the state's commitment to providing pro bono legal services to Californians in need by considering, for those law firms which seek the benefits of a contract with the state, the efforts of such firms in providing pro bono services.
Provides for reports to the Legislature concerning the accreditation of law schools in connection with the First Year Law Students' Examination (Baby Bar) and Internet-based legal research and instruction services.
Requires that attorneys subject to the collective bargaining process and employed by the State of California, including the Attorney General, be compensated, at a minimum, with wages and benefits that are consistent with the specified salary provisions for public sector attorneys set forth in existing law.
Refines the definition of "paralegal" for purposes of the certification requirements, to include those persons who hold themselves out at paralegals, who are qualified by education, training and work experience, and who are employed by an attorney, law firm, corporation, government or other entity, and who performs substantial legal work as delegated by supervising attorney.
Requires all contingency fee agreements for legal services to include, in writing, the actual hourly rate the contracting attorney charges for his or her services. Requires that in a dispute involving damages resulting from a motor vehicle accident, the attorney representing the plaintiff to make a written demand, by certified mail, prior to filing suit. Requires the demand to remain open, and the defendant's offer in response to the demand to remain in effect, for specified periods of time. Provides a method by which to determine attorney fees in actions arising from a motor vehicle accident and further provides for the tolling of the statute of limitations in those cases during the demand and response period.
Courts and JudgesRequires the Court Reporters Board of California (CRB) to promulgate regulations defining a "full-time student" for purposes of regulating certified court reporters. Permits recognition of a court reporting school to be withdrawn by CRB for failure to comply with applicable laws and regulations. Prohibits court reporting schools from requiring more than one ten minute qualifying examination, as defined, for a student to be eligible to sit for the certification examination and provides CRB with the authority to issue administrative citations or assess fines for the violation of rules and regulations adopted by CRB. Revises the regulation submittal and implementation due dates for CRB.
Increases the salaries of the justices of the California Supreme Court and the courts of appeal, and of the trial court judges, by 8.5 percent, effective January 1, 2002.
Allows, beginning July 1, 2002, credit debt assignees (collectors) to file small claims actions, pursuant to specified conditions. Sunsets these provisions on July 1, 2005. Appropriates $278,000 to the Judicial Council to study the use of small claims court by assignees.
Adds the following two provisions to the Trial Court Employment Protection and Governance Act:
This bill is a work-in-progress, where the details of an employment system, whether under the Trial Court Employee Protection and Governance Act, or another system, have yet to be determined.
Requires an appointed arbitrator in non-judicial (private or contractual) arbitrations to comply with all disclosure and disqualification requirements established in current law, and makes it a basis for vacating an arbitration award if the arbitrator failed to timely disclose a known ground for disqualification. Directs the Judicial Council to adopt ethical guidelines for these arbitrators by July 1, 2002, and requires these arbitrators to comply with the adopted ethics standards on and after that date. Specifies the grounds upon which a proposed neutral arbitrator may be disqualified. Removes a court's ability to appoint a hand-picked referee when the parties do not consent to a reference, and instead requires the court to follow existing procedures that govern the appointment of a referee where the parties agree to the appointment but cannot agree on the selection of the actual referee. Expands a current Judicial Council report to specifically review both the voluntary and involuntary use of referees in discovery matters, including information on the number of referees, the cost to the parties, and the time spent by the discovery referee.
Establishes a state-county-private sector partnership for the construction of court facilities, using a lease, option to buy program. Appropriates $2,134,899 from the General Fund to the Trial Court Trust Fund for allocation as follows: $360,139 to Calaveras County for first year costs of site selection, design, planning, and preconstruction costs, for a new 31,108 square foot courthouse with four courtrooms; $87,375 to Lassen County for first year costs for 26,000 or more square feet of space for court use, including at least three courtrooms; $679,150 to Madera County for first year costs for a new 113,000 square foot courthouse with 13 courtrooms; and $1,008,235 to Los Angeles County for first year costs for a new 116,300 square foot courthouse with 12 courtrooms in the Southeast District.
This bill is the general government omnibus trailer bill implementing the policy of the 2001-02 Budget Act. Among other issues, this bill increases salaries for the chair of the Judicial Council, administrative presiding judges of the Courts of Appeal and presiding judges of a superior court, which has 15 or more judges, by four percent and increases salaries for presiding judges of a superior court, which has four to 14 judges, by two percent. Specifies that these provisions become effective January 2, 2002.
Codifies case law from other jurisdictions to the effect that recordings, made by a deposition officer by nonstenographic means for the purpose of assisting the deposition officer in the production of the transcript, are the personal property of the deposition officer, not public documents. Provides for the destruction of these recordings and prohibits their reproduction or use for any other purpose.
Makes changes to the laws governing court reporting schools and provides greater oversight of these schools.
Double-joined with SB 26 (Figueroa-D), which has been enrolled.
Expands, statewide, the Family Law Interpreter Pilot Program to require the presence of a certified or registered court interpreter for a party, in any proceeding involving domestic violence or family court mediation, who is deaf or hearing impaired, or for a party who does not proficiently speak or understand the English language.
Provides that a person is disqualified from serving as a private judge, as defined, for compensation by the parties pursuant to a contract with any person or corporation who has appeared as a party before the private judge within the previous three years.
Adds Cesar Chavez Day as a court holiday.
Provides the full funding of the Judges' Retirement System (JRS) by replacing the state's current eight percent of salary and supplemental contributions to JRS with an annual contribution established by actuary necessary to fully fund the liability of the JRS over a 30 year period. Stipulates that the contribution be included in the annual Budget Act.
Renames the State Library and Courts Building the Stanley Mosk Library and Courts Building, in recognition of the service given by the late California Supreme Court Justice Stanley Mosk.
Provides that attorneys, employed by the state in nonelective positions, and administrative law judges may serve on a local appointed or elected governmental board, commission, committee, or other body, or as a local elected official, if such service will otherwise not present a conflict of interest. (This provisions brings the rules for attorneys employed by the state into conformity with longstanding rules for attorneys employed by local entities.)
Makes numerous cleanup changes to statutes relating to trial court funding and amends various discovery-related statutes to make discovery practice and procedure more uniform throughout the state.
Requires that, in counties with five or more judges, the reassignment to a different judge shall be made on a random basis, in the instances where the original judge has been disqualified.
Establishes a four-year pilot project, to be administered by the Judicial Council (Council), for the purpose of evaluating the effectiveness of maintaining separate departments to handle complex commercial cases within the superior courts. Authorizes the Council to select up to four superior courts to participate in the pilot project from those courts that have applied to participate. Requires that the Council develop procedures for the implementation of the pilot project and to submit specified evaluations of the pilot project to the Governor and the Legislature.
Authorizes the County of Ventura to create two separate funds into which penalty assessment revenues could be deposited for a prescribed period of time. Provides that each fund will be designated and used separately to finance the construction of a juvenile justice facility and a court facility.
Allows members of the Judges' Retirement System and the Judges Retirement System II (JRS I and II) to purchase retirement system service credit for time spent as a "full-time subordinate judicial officer" (such as a probate referee or traffic court referee) prior to becoming a judge. Provides that, for judges enrolled for at least six years in JRS I and II, who have also earned retirement benefits in the Public Employees' Retirement System (PERS) or a '37 Act county system, their highest salary as a judge shall be used to determine their PERS retirement benefits ("reciprocity" between JRS I and II, PERS and '37 Act counties). Allows a judge, who elected an option at the time of retirement that provides a continuing allowance to the judge's surviving spouse, to revert (or "pop-up") to the unmodified allowance if the judge's spouse predeceases the judge. Authorizes judges who are members of the JRS I or the JRS II to participate in the Supplemental Contributions Program.
Creates the Truancy Court Pilot Project in Los Angeles, as specified.
Extends, for 18 months, the period during which the state shall continue to be responsible for court facility needs for new trial court judgeships authorized after January 1, 1998. Provides that the new extended date of expiration of such responsibility will be December 31, 2002.
Eliminates the provisions in existing law that employees of the Supreme Court and courts of appeal serve at the pleasure, respectively, and provides for the formation of employee organizations for collective bargaining with the Supreme Court and courts of appeal, as specified.
Makes various changes to the organizational and financial arrangements between the Judicial Council, the trial courts, counties, and other state agencies pursuant to implementation of state trial court funding and trial court unifications. Makes a technical change to statutory provisions regarding electronic filing of court documents.
Double-joined with AB 223 (Frommer-D), currently in enrollment.
Law EnforcementProvides that an unspecified amount is appropriated in the Budget Act to be allocated to county sheriffs, city police chiefs, and certain cities and special districts for the purpose of funding technology grants and technology-related acquisitions to enhance public safety.
Authorizes, in the County of San Bernardino, the deputizing of reserve district attorney investigators as peace officers. Authorizes a reserve district attorney investigator to carry firearms, as specified.
Provides that no owner or possessor of privately-owned real property that is open to the public may restrict an off-duty or honorably retired peace officer from entering the property if the peace officer is carrying a firearm and is not acting in the official capacity of a peace officer.
Expressly allows any member of the Legislature, the Lieutenant Governor, the State Insurance Commissioner, and any county counsel or sheriff to receive written opinions from the State Attorney General.
Allows an identity theft victim to obtain information about unauthorized requests for credit that have been made in his/her name.
Enacts the California Safe from the Start Partnership Program administered by the State Department of Justice, in consultation with the State Department of Health Services, to provide five-year annual grants to local law enforcement agencies for programs aimed at reducing the number of children who are witness to, or victims of violence. Continuously appropriates $11 million from the General Fund each fiscal year to the State Department of Justice for grants and related program costs. Sunsets January 1, 2007.
Extends existing law to include reserve peace officers in the provisions that require the State Commission on Peace Officer Standards and Training to annually allocate from the Peace Officers Training Fund to each city, county, and district, as specified, for training expenses of full-time regularly paid employees of eligible agencies from the city, county, or district.
Places a reminder in the Codes that special districts provide law enforcement services and states legislative intent in enacting laws to encourage proportional funding equity among all local law enforcement agencies. Extends the sunset date for Broadmoor Police Protection District's special detachment provisions from January 1, 2002 to January 1, 2004.
Changes the appropriation procedure for the California Peace Officer Memorial Foundation Fund by designating the California Department of Highway Patrol as the agency responsible for allocation of the appropriated funds to the California Peace Officer Memorial Commission. Appropriates all previous contributions to this fund.
Exempts San Francisco Bay Area Rapid Transit District police from jury duty in civil and criminal matters.
Exempts Los Angeles County assistant sheriffs and chiefs in the sheriff's office whose primary duties are administrative from the mandatory retirement provisions in law.
Requires the State Department of Justice to collect statistical data concerning minors who are handled in criminal courts, as specified. Appropriates $75,000 to implement the above provisions.
Authorizes each county to establish an interagency elder death team to assist local agencies in identifying and reviewing suspicious elder deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in elder abuse or neglect cases.
Extends procedural protections to civilian employees of police departments.
Enacts the Brett Alan Laws Act. Modifies the "firefighter's rule" to permit firefighters, police officers or emergency medical personnel to sue for injuries sustained while attending to an emergency where the conduct that caused injury to the emergency worker violates a statute, ordinance, or regulation and is not the conduct that caused the emergency that necessitated the emergency worker's response.
Adds public officer employees of local corrections departments, who are not "peace officers" but work as local correctional officers, to the Public Safety Officers Procedural Bill of Rights Act, except for those employed by Santa Clara County.
Establishes specified dissemination criteria that the State Department of Justice be required to employ in furnishing state summary criminal history information as the result of an application by an individual, agency, or organization and the information is to be used for employment, certification, or licensing purposes.
Enacts the budget trailer bill relative to local law enforcement funding. Removes the sunset date for the Citizens' Option for Public Safety and Juvenile Justice program and specifies that funds are not allocated by the county auditor until an approved expenditure plan is received by the local law Enforcement Oversight Committee.
Creates the Crime Laboratories Construction Act of 2000, contingent upon funds appropriated in the annual Budget Act, to support construction, renovation and related infrastructure costs of new and existing local crime labs.
Provides that the sheriff of each county has search and rescue responsibility in any unincorporated area of the county, including any rural and wilderness environment. Authorizes a sheriff to transfer this search and rescue responsibility to another agency or jurisdiction through a written agreement.
Repeals the sunset date for the Schiff-Cardenas Crime Prevention Act of 2000 (the Citizens' Option for Public Safety program and a series of juvenile justice programs).
Similar legislation is AB 86 (Cardenas) which is at the Senate Desk.
Provides, only to the extent that funds are available in the Budget Act, that the State Department of Justice, the California State University, and the University of California shall work together to provide DNA training to university students and existing employees of crime laboratories.
Extends the peace officer status of seven persons assigned to the investigations unit of the California Dental Board until January 1, 2004, and appropriates $75,000 from the State Dentistry Fund to the board to contract out for a study as specified. Sunsets on January 1, 2001, as well.
Appropriates $300,000 to the State Department of Justice (DOJ) from the General Fund to fund the deficit in its blood alcohol-testing program. Restructures the method by which DOJ is reimbursed to provide for direct payment of all testing costs by the state General Fund ($3 million annually) with the State Controller responsible for collecting revenue from local governments.
Specifies, in statute, that State Department of Corrections "correctional counselors" are peace officers and that they may carry firearms while not on duty (currently those persons are peace officers by virtue of the director's designation authority).
States the Legislature's findings and declarations with respect to the complexity of the provisions regarding dissemination of state summary criminal history information and resulting problems. Requires that in specified circumstances in which the State Department of Justice provides state summary criminal history information for employment, licensing, or certification purposes, the department disseminate information regarding convictions, arrests for which a person has been released on bail or on his/her own recognizance and while awaiting trial, and arrests for specified offenses if the department has made a genuine effort to determine the disposition of the arrest.
Enacts the California-Tribal Justice Act of 2001 to make a number of changes in law, including granting California peace officer powers to tribal police, as specified.
Adds any deputy sheriff of the County of Riverside to the existing authority granted only to Los Angeles County and San Diego County to employ deputy sheriffs who are "employed to perform duties exclusively or initially related to custodial assignments" who are peace officers pursuant to Penal Code Section 830.1.
Requires the State Department of Health Services to implement several new activities relating to violence prevention including the following: Grant program for community collaborative programs; fellowship program for community leaders; academic fellowship program, public information program; administer a policy center; establish the California Youth Leadership Institute; and technical assistance and training. Creates the Safe Children and Communities Advisory Board.
Provides that the administrative appeal provided under the Public Safety Officers Procedural Bill of Rights for a punitive action that may result in the loss of pay or benefits shall be an appeal before a "neutral decisionmaker, other than the person or persons responsible for imposing the punitive action."
Creates the Institute of Criminal Justice Technology in the State Office of Criminal Justice Planning to review and evaluate available and emerging technologies with law enforcement applications.
Establishes the California Innocence Project within the State Office of Criminal Justice Planning. Sets up a distribution mechanism for funds appropriated in the budget for representation of convicted persons seeking post-conviction DNA testing.
Includes reserve officers in specified sections of law that authorize peace officers to enforce specified laws. Deletes "regularly employed and salaried" from the definition of peace officers with a specified exception.
Requires the School/Law Enforcement Partnership to provide schools maintaining kindergarten and grades 1 to 12, inclusive, with the technical resources required to institute programs on the prevention, identification, reporting, and appropriate responses to intergroup tensions, hate incidents, and hate crimes. Appropriates $1,500,000 from the General Fund to the superintendent for allocation to the partnership over three fiscal years for these purposes.
Extends the cancer presumption under Workers' Compensation law to the following additional categories of peace officers: employees of the State Department of Fish and Game, employees of the State Department of Parks and Recreation, and investigators of the State Department of Toxic Substances Control.
Amends the Public Safety Officers Procedural Bill of Rights Act to provide that, in addition to existing relief, upon a finding by a superior court that a public safety department, its employees, agents, or assigns, willfully violated any provision of the act with the intent to injure a public safety officer, the public safety department shall be liable for the actual damages to the officer and exemplary damages, a civil penalty, and attorney's fees, as specified.
Provides that peace officers shall not be trained to disregard a person's assertion of the right to remain silent or to an attorney pursuant to the Miranda decision in order to obtain statements for impeachment or to learn about evidence or witnesses.
Declares August 2001 Neighborhood Watch Month and commends those California residents who have participated in Neighborhood Watch programs for their distinguished service to their communities by uniting their neighborhoods and law enforcement to keep their neighborhoods safe, and encourages all Californians to join in this effective means of fighting crime in their neighborhoods.
Requests the President and Congress to continue providing funding for the Community Oriented Policing Services program that has established a partnership with local and national law enforcement to assist communities in their war against crime.
Creates a State Office of Criminal Justice Planning-administered program for (1) prosecution of methamphetamine manufacturing crimes that may endanger children; (2) providing services to children injured or endangered by such activities; and (3) requiring that $10 million of the $30 million in the Budget Act replace funding from a federal program that has expired.
Eliminates the sunset date on the Citizens Option for Public Safety (COPS) program, including both the COPS and the juvenile crime prevention components, making the programs permanent.
Similar legislation is SB 823 (Poochigian) which is in Assembly Appropriations Committee.
Requires a criminal background clearance for individuals who provide In-Home Supportive Services and Medi-Cal personal care services.
Prohibits distinction in existing law that applies to San Bernardino County only, providing that no distinction shall be made between a position designated as a peace officer position at the time of the enactment of the 1971 amendments to this provision, and a welfare fraud investigator or inspector designated as a peace officer position at any time after the enactment of the 1971 amendments to this provision with and upon the approval of the county board of supervisors with respect to probation correction officers.
Allows broker-dealers to have background checks of potential employees done by the California Department of Justice.
Establishes the "Developing Increased Safety through Arms Recovery Management" program, contingent upon an appropriation in the 2001-01 State Budget, to enforce gun laws, on the local level through county probation departments, related to probationers.
Appropriates $10 million to the State Office of Criminal Justice Planning (OCJP) for grants for the purpose of carrying out a statewide youth sports program, and requires OCJP to designate the California Police Activities League to coordinate, plan, and help implement the program.
Similar legislation is AB 352 (Runner-R) which is in Assembly Public Safety Committee.
Grants a "control agent" or chief officer of any other law enforcement agency who has been granted direct access to the California Law Enforcement Telecommunications System the sole and exclusive authority to ensure that the county's or other agency's equipment and information complies with specified security requirements.
Increases the membership of the State Commission on Peace Officer Standards and Training from 14 to 15 by increasing the number of members who are peace officers with the rank of sergeant or below from four to five.
Includes reserve peace officers, as defined, within the definition of public safety officer for the purposes of the Public Safety Officers Procedural Bill of Rights Act and provides that no reserve peace officer may be removed or terminated by a public agency or appointing authority without providing the reserve officer with written notice and the reason or reasons therefor and an opportunity for administrative appeal.
Establishes a state-funded program to assist uninsured spouses and dependent children of peace officers and firefighters, whose death results from the performance of their official duties, to obtain health benefits.
Raises the maximum age at which a person may be appointed to the position of entry level peace officer with the California Highway Patrol to 35 years of age.
Requires the California Science Center in Los Angeles to establish the position of Exposition Park Manager, to be appointed by the Governor. Shifts the authority to appoint security and safety personnel from the California Science Center Executive Director to the Park Manager.
Creates the "Developing Increased Safety through Arms Recovery Management" program. Appropriates $25 million to local law enforcement agencies that create collaborative programs to enforce compliance with firearm laws for probationers.
Similar legislation is AB 127 (Firebaugh-D) which is being held in Assembly Appropriations Committee.
Requires every school security officer, after January 1, 2002, who continues to be employed by a school district, to complete a course of training developed by the Bureau of Security and Investigative Services of the State Department of Consumer Affairs.
Requires the State Commission on Peace Officer Standards and Training to develop a training course for peace officers that are assigned as school resource officers and requires these individuals to take the course.
Extends provisions similar to those contained in the Public Safety Officers Procedural Bill of Rights Act to civilian employees of city police departments and to firefighters, paramedics, and emergency medical technicians.
Limits the use of funds from the High Technology Law Enforcement Equipment Grants and provides grant funds for 37 county sheriff departments.
Provides that if a forensic scientist required to handle or perform DNA or other forensic analysis within the scope of his/her duties who comes into contact with blood or bodily fluid can seek to have the blood or bodily fluid tested for HIV.
Appropriates $100 million for the General Fund to the state controller for allocation to local law enforcement for technology grants and specifies the distribution formula.
Doubles current penalties for assaults with a gun or a deadly weapon upon peace officers or firefighters.
Expands the persons classified as public officers or employees to include security personnel employed by a nonprofit transit corporation.
Establishes the State Office of Immigrant Assistance in the Office of the State Attorney General to provide education and outreach services to the immigrant community of the state.
Requires any peace officer, as specified, who is hired by a city, county, or city and county, to have a spinal x-ray at the time of hiring at the expense of the city, county, or city and county, which x-ray shall become a part of the permanent record of the peace officer.
Establishes the offices of the chief probation officer, assistant chief probation officer, and deputy probation officer. Eliminates provisions in existing law governing the appointment and removal of the adult probation officer and juvenile probation officer and instead requires, except in specified counties, that the chief probation officer be appointed by a majority of a selection committee made up of specified representatives from the probation department, the county board of supervisors, the county juvenile justice commission, a community-based organization, and the presiding judges of the superior and juvenile courts. Specifies the minimum education and employment experience qualifications required for the chief probation officer, except in specified counties.
Clarifies the definition of "racial profiling" and requires data collection by law enforcement agencies, as specified.
Revises existing law that provides that a certain category of persons designated by a local agency as a class of specified officers shall not be deemed to be peace officers, may not exercise the powers of arrest of peace officers, and shall not be authorized to carry or use firearms. Includes in this class of officers any regular employee of a state or local agency designated by that agency as a public safety official and authorized to perform specified duties.
Appropriates $1 million to the State Office of Criminal Justice Planning for allocation to a non-profit organization to establish a financial and technical assistance program to be known as the "Recovery of Missing Children Program." Establishes a database to serve as a clearinghouse for the identification of missing children and makes information available via a web site.
Provides that up to five percent of high-tech crime prevention funds in the High Technology Theft Apprehension and Prosecution Program Trust Funds may be used for training and education. Includes a banking industry representative on the high-tech crime prevention advisory committee.
Requires the State Department of Justice to create and administer the California Law Enforcement Educational Program to provide tuition reimbursement of up to $1,500 for qualified active duty applicants for relevant coursework at the University of California, California State University or any community college.
Establishes the Central Coast and Sacramento Valley Rural Crime Prevention Programs for the prevention of rural crime. Sunsets January 1, 2005.
Similar legislation is AB 1203 (Dickerson-R) which is in Assembly Appropriations Committee.
Provides that the State Commission on Peace Officer Standards and Training (POST) cannot cancel a certificate unless the certificate was issued as a result of fraud or an administrative error. Requires disqualification of a peace officer after the commission of specified crimes. Requires POST to place a notice in the "training record" of a person who has been convicted of specified offenses that the person is not authorized to be a peace officer. Declares a POST "professional certificate" null and void where the holder of the certificate has been convicted of a disqualifying offense. Authorizes POST to reinstate a person's professional certificate if the person's disqualifying conviction is overturned or reversed by a court.
Implements retirement benefit changes agreed to in a memorandum of understanding negotiated between the California State University and the State University Police Association.
Provides home down payment assistance to public safety officers serving in one of California's five largest cities (Los Angeles, San Diego, San Jose, San Francisco, and Long Beach).
Establishes the Environmental Circuit Prosecutor Project and appropriates $300,000 to implement the provisions of the bill.
Sets forth provisions specifically applicable to custodial officers employed by the sheriff for Santa Barbara County.
Provides that an animal control officer is not prohibited from carrying a wooden club or baton if the animal control officer has satisfactorily completed a course of instruction certified by the State Department of Consumer Affairs in the carrying and use of a club or baton, as specified.
Adds employees designated by the chief of police or sheriff as being in a sensitive position to the people who receive additional confidentiality from the State Department of Motor Vehicles. Double-joined with AB 84 (Hertzberg-D) which became Chapter 809, Statutes of 2001.
Authorizes the State Department of Personnel Administration, when determining compensation for communications operators in the State Department of the California Highway Patrol, to consider the total compensation for communications operators in comparable positions in the police departments of the cities of Los Angeles, Oakland, San Diego, and San Jose, and the City and County of San Francisco.
Adds 11 counties to the list of rural and small county sheriff departments receiving $500,000 each to enhance law enforcement efforts. Increases appropriation from $18.5 million annually to $24 million annually.
Provides that passing the California High School Proficiency Examination is an alternative to meeting the minimum peace officer educational requirement; specifying that two-year and four-year degrees may be from any accredited college or university in the United States, as specified; and further specifying the required accreditation for high schools which meet the necessary requirements.
Provides that no public safety officer shall be subjected to punitive action or threatened with any punitive action because of the lawful exercise of rights under the Public Safety Officers Procedural Bill of Rights Act, any existing grievance procedure, or the state or federal constitution.
Establishes the Sacramento Valley Rural Crime Prevention Program administered by the county district attorney's and sheriff's office, for rural crime prevention in specified counties.
Similar legislation is AB 879 (Keeley-D) which is in the Senate Public Safety Committee.
Requires the State Office of Criminal Justice Planning (OCJP) to develop guidelines for a program of competitive grants for the purpose of upgrading existing local public forensic laboratories. States legislative intent that, subject to an appropriation in the Budget Act of 2001, an allocation be made to OCJP for the program.
Requires, to the extent that the Legislature makes funds available for this purpose, all newly hired full-time police officers and deputy sheriffs to be provided with a protective vest.
Establishes additional training requirements for peace officers assigned primarily to public schools and requires state certification of institutions seeking to teach a school security-training program.
Includes certain state investigators, certain fire workers and other specified investigators with those officers that make it a misdemeanor for any person to falsely represent or identify himself or herself as another person or as a fictitious person to any of certain specified peace officers, upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer.
Requires the Department of the California Highway Patrol to report annually to specified legislative committees the extent to which the sufficient staffing level of the department is being attained and to update a staff report prepared in 1990 and report the results to the legislative committees.
Requires the State Department of Motor Vehicles to create a fingerprint identification system to be funded from the fees charged for drivers' licenses and identification cards.
Appropriates $4 million (General Fund) to the State Department of Justice to create the Unsolved Violent Crimes Program to "assist in the investigation and resolution of unsolved violent crimes, such as homicide, sexual assaults, and kidnapping." Consists of a minimum of two teams, one serving Central Valley counties, and one serving rural northern California counties.
Provides that in any case in which a county counsel or district attorney has a conflict of interest, as construed for public attorneys, in representing that county's sheriff, the board of supervisors, upon the request of the sheriff, shall employ independent legal counsel to assist the sheriff in the performance of his/her duties.
Creates an Office of Youth Violence Prevention with the State Health and Human Services Agency to audit existing state prevention programs and make recommendations for improving efficiency, accountability and effectiveness.
Expands the types of public safety facilities which are eligible for financing from the Infrastructure Bank to include police/fire headquarters and training facilities.
Allows specified peace officers to wiretap and conduct other related activities such as eavesdropping.
Honors California peace officers and commemorates Friday, May 4, 2001, as California Peace Officers' Memorial Day.
Proclaims May 13 through May 19, 2001, as Law Enforcement Appreciation Week in California and encourages all Californians to join in this observance to commend our law enforcement officers for their professionalism and commitment to the citizens of California.
Proclaims October 22 through October 28, 2001, as Red Ribbon Week, and encourages all Californians to help build drug-free communities.
Requests the Governor and the State Office of Emergency Services to implement the use of the emergency broadcast system into the Child Abduction Regional Emergency Alert Program to establish a program similar to the Amber Plan, Texas' early-warning system to prevent child kidnappings.
Requires the Speakers Office of Oversight to study and submit reports of findings relative to administrative, civil or criminal penalties that should be imposed on a state employee who gives false information and oath and a separate report on the effectiveness of the California Whistleblower Protection Act.
Declares the week of May 15, 2001 as Peace Officers' Memorial Day and the week of May 13, 2001 as National Police Week.
Declares May 25, 2001 as National Missing Children's Day.
Family LawProvides that any provision in a premarital agreement relative to spousal support, including a waiver, is unenforceable if the party against whom enforcement is sought was not represented by counsel at the time the agreement was signed. Sets forth specific findings a court would be required to make to find that a premarital agreement was executed voluntarily.
Reduces the period during which a birth parent may either revoke consent to the adoption of his/her child, or sign a waiver of the right to revoke consent, from 90 days to 30 days.
Repeals existing law providing that no court shall use any computer software to assist in determining the appropriate amount of child support or spousal support obligations, unless the software conforms to rules of court adopted by the Judicial Council prescribing certain standards for software when the Director of the State Department of Child Support Services files with the Secretary of State a written declaration that the California Child Support Automation System is operational in all 58 counties.
Provides that court files relating to proceedings for dissolution and nullity of marriage, legal separation, and actions under the Uniform Parentage Act are confidential and may be inspected only by specified individuals.
Permits the State Department of Social Services to delegate to a county the authority to grant a criminal records exemption to relatives.
Makes technical changes to various code sections consistent with California's new child support enforcement program enacted last year. Corrects drafting errors and changes references to enforcement agencies in accordance with the new program's organization structure.
Provides that, in a court's determination to award spousal support, a rebuttable presumption affecting the burden of proof shall exist that a supported spouse who has been convicted of domestic violence within five years of the dissolution, before or after the commencement of the proceedings, shall have any support award eliminated. Provides that the court may consider a convicted spouse's history as a victim of domestic violence as a condition for rebutting the presumption.
Expands California law on domestic partnerships by (1) allowing domestic partnerships of opposite-sex couples where only one partner is over the age of 62 and is eligible to receive Social Security old-age benefits, and (2) by conferring on domestic partners various rights, privileges and standing conferred by the state on married couples.
Increases the maximum allowable percentage of adoption costs that can qualify for the existing state adoption credit from 50 percent to 100 percent of allowable costs, capped at $2,500.
Enacts the omnibus social services budget trailer bill, which, among other provisions, (1) provides authority for the State Department of Social Services to require timely remissions of child support payment collections from local child support agencies, (2) establishes a Child Support Collections Recovery Fund to meet federal audit requirements, and (3) aligns the standards for payment of performance incentives to local child support agencies to federal and state program standards, and arranges for payment of those incentives based on performance in the budget year and thereafter.
Amends existing law relative to authorizing the court to grant an order temporarily delaying the sale of a home in a separation/divorce proceeding where the parties were in a long-term marriage and there is a substantial disparity in the parties' relative economic situation.
Requires a paternity action to be consolidated with a petition for termination of parental rights, the consolidated petitions to be heard in the county in which the latter action is filed, unless a showing of substantial hardship is shows, as specified. Allows families adopting foreign-born children to use the delayed registration procedure during re-adoption proceedings. Allows a county investigation, required in a stepparent adoption, to be conducted by a licensed clinical social worker or a licensed marriage family therapist. Requires that when siblings are to be adopted as a group, all of the siblings are assigned to one social worker, unless the assignment would have an adverse effect on the children or on county operations. Permits county agencies to share information about a foster child's history with prospective adoptive parents.
Provides that, when a surviving spouse responsible for certain debts of a deceased spouse fails to provide a creditor with timely written notice of the probate administration of the deceased spouse's estate, the statute of limitations for the creditor to bring an action for repayment against the surviving spouse shall revert from the one-year limit provided for actions in probate to the two-year or four-yea statutes of limitations, as applicable, for other debt collections.
Prohibits a court from making and entering an order of adoption of a child unless a home study, as defined, of the prospective adoptive parent's home has been completed, except as specified.
Requires the State Department of Social Services to conduct a study on ways of providing incentives for adoption of children by relatives. Requires the results of the study to be submitted to the Legislature by July 1, 2002.
Imposes mandatory sanctions for violating asset disclosure requirements in marital dissolution proceedings, and requires a court to set aside a judgment of dissolution where the disclosure laws have been violated. Provides that the execution of a mutual waiver of a final declaration of disclosure of assets shall be made under penalty of perjury. Provides that the provisions of the bill apply to any judgment that becomes final on or after January 1, 2002.
Seeks to ensure that Indian tribes get sufficient notice of Indian child custody proceedings relating to foster care, pre-adoptive, and adoptive placements, and termination of parental rights of the parent of an Indian child.
Authorizes a 50 percent credit for qualified adoption expenses incurred by a taxpayer. The expenses must also be eligible for the federal adoption credit but may not be eligible for the existing state adoption credit. Allows taxpayers to claim the credit for costs that exceed $5,000 and are below $10,000, or, for a child with special needs, costs that exceed $6,000 and are below $11,000. Allows unused credits to be carried forward six years. Applies to taxable years 2001 through 2006.
Provides that if the petitioner is not a resident of this state, he/she may file a petition for an agency adoption or an independent adoption in the county in which the child was born. Requires the court to hear the petition within three court days of receipt of the request for hearing. Requires the court, upon specified conditions, to finalize the adoption at that time.
Authorizes the parent and child relationship between a child and those persons who, with the intent to parent a child, consented to and initiated a medical procedure that resulted in the birth of the child to one of them.
Invalidates non-probate transfers (i.e., by trust, insurance policy, pay-on-death accounts, joint tenancy, retirement benefit plan designations, etc.) made to former spouses by a decedent before the termination of the marriage, unless there is clear and convincing evidence that the decedent intended for the benefits or property to pass to the former spouse even after termination of the marriage. Requires the court to award costs, including attorney's fees, and damages against a person who in bad faith serves a written notice of adverse interest to the holder of property or instrument that is subject to a non-probate transfer provision. Makes inapplicable Automatic Temporary Restraining Orders, normally issued with the filing of a petition for dissolution of marriage or for legal separation, to specified estate planning activities, and would specifically restrain both parties from creating or modifying a non-probate transfer that disposes of property without the consent of the other party or an order of the court.
Makes numerous major changes in existing law relative to the child support obligation of a non-custodial parent who receives SSI/SSP or SSDI.
Modifies various clerical requirements associated with marriage licenses.
Sets forth various findings and declarations by the Legislature and enacts the "California Family Protection Act of 2001" providing for the issuance of a civil union license, and providing that the rights and obligations of a civil union, which could be entered into by any two persons meeting specified criteria, are the same as those of a marriage.
Seeks to give adult adoptees access to their original birth certificates and adoption records, upon request.
Expands the post-adoptive services available to adoptive children and their families in order to help preserve the adoption.
Provides that, when a local child support agency has an assignment order against an obligor's earnings, and the obligor's employer willfully has failed to comply with the order (or otherwise has failed to comply three times in a 12-month period), the agency may obtain a court order requiring payment of support by electronic transfer from the employer's bank account. Provides that the court may impose a civil penalty on the employer in the amount of 50 percent of the support amount that has not been received by the obligee under these circumstances. Provides that the obligor may bring an action for damages, including attorney's fees and costs, if the employer takes retaliatory action against the obligor due to the issuance of the assignment order.
Authorizes local child support agencies to "compromise" child support debt resulting from public assistance paid on behalf of a child who was placed in foster care or with a guardian or relative caregiver, if the child has returned to the home of the obligor parent and other requirements are met. Authorizes county welfare departments to not refer, for child support collection, cases where the child was placed in foster care, and repayment of a public assistance debt would pose a barrier to reunifying the child with the obligor parent.
Enacts a technical family and juvenile law cleanup bill. Updates codes and code references and restores a provision to the juvenile dependency law that was inadvertently chaptered out last year. (The changes will be consistent with legislation passed in recent years with regard to family and juvenile law proceedings.)
Commends Parents Anonymous, Inc. for its commitment to strengthening families, preventing child abuse, child neglect and juvenile delinquency for more than 30 years in California and other states.
Designates the week of November 18 through November 24, 2001, as Military Families Recognition Week.
Recognizes November 2001 as California Family Month.
Urges Congress to enact legislation to allow states assessed penalties for failing to implement a child support automation system to reinvest those penalties in child support program improvements automation system developments.
Civil LawProvides that in any action based upon injury, wrongful death or financial loss allegedly caused by a defective product, or an environmental hazard, information acquired through discovery or information contained in a secret settlement agreement not filed with the court may not be kept confidential except as specified. Makes void and unenforceable any provision in a settlement agreement that restricts the ability of a party to disclose information that is evidence of one of the specified public hazards to a governmental agency with enforcement authority over that public hazard, unless the information is a trade secret or is otherwise privileged under the law.
Amends the Unfair Competition Law to impose certain restrictions on representative private actions brought under that law in the interests of the general public.
Makes a variety of changes in existing law relating to how the courts handle guardianships and conservatorships.
Resurrects, for three years until January 1, 2005, a pilot project in Riverside County that allows the court to award attorney's fees in specified civil actions (but not including personal injury, eminent domain, class action or injunctive relief actions) against a party who refuses a formal offer to settle and then fails to obtain a more favorable judgment at trial. Requires the Judicial Council and the Superior Court of Riverside County to report back to the Legislature on the impact of the program on settlements and sanctions.
Attempts to increase consumer protections against identity theft by (1) allowing consumers to place fraud alerts on their credit reports; (2) allowing them to "freeze" their credit records to stop them from being sold; and (3) prohibiting businesses and government agencies from many current uses of Social Security numbers.
Enacts civil provisions that require a seller or breeder of a dog or cat that is less than one year old pay a registration fee for the sale to the agency or entity providing animal control services to the county, city, or city and county. Requires the seller of any dog or cat to ensure that the dog or cat has been microchipped.
Allows the bond requirement in cases where a preliminary injunction is sought to be waived in proceedings brought in the public interest where the principal has no direct financial interest in the determination of the matter.
Immunizes a public or private entity that operates a railroad, or that owns or has an easement interest in real property used for railroad operations, from any liability for any injury or death to a driver or passenger of a motor vehicle resulting from the train colliding with the motor vehicle if the driver of the vehicle had disregarded a grade crossing warning device which was functioning as designed.
Updates the law regulating motor vehicle conditional sales contracts to require the itemization of any tire fee in the contract, and to no longer require the itemization of any smog impact fee in the contract.
Requires animal shelters that give animals to facilities that provide animals for use as biological supply to post a sign on the premises visible to biological supply to post a sign on the premises visible to the public that animals brought to these shelters may be used to "supply blood, tissue, or other biological products." Requires affected shelters that promulgate animal surrender forms to state this information on the forms.
Provides that a person may sue in tort to repair all construction defects, as defined, that meet specified criteria and that the provisions of the bill shall apply to actions arising on, before, or after January 1, 2000.
Provides that the borrower of a loan secured by a mortgage or deed of trust on real property shall not be required to pay interest on the loan for more than one day prior to the recording of the mortgage or deed of trust.
Provides that no employer may require an employee to agree to arbitrate any claims arising under the Fair Employment and Housing Act, as specified, as a condition of employment or continued employment; or may harass, discharge, expel, or otherwise discriminate against any person in any term or condition of employment because he/she has refused to agree to arbitrate any such claim; and any arbitration provision obtained in violation of this provision is void and shall be deemed involuntary, beyond the reasonable expectations of the employee, unconscionable, and against public policy.
Changes the law of summary judgment and summary adjudication as follows: (1) Requires a reviewing court to allow the parties an opportunity to present their views by submitting supplemental briefs before the court may affirm a summary judgment (or an order granting summary adjudication) on a ground not relied upon by the trial court, and would enact related procedure. (2) Revises the current standards for obtaining a summary judgment when a defendant brings the motion. Specifies that when the defendant has met the initial burden of showing that a cause of action has no merit, the plaintiff may defeat the motion by showing that the defendant proffers admissible evidence showing that there is a triable issue of fact, the defendant has not met his/her burden of proof, or the motion does not show plaintiff's claim or cause of action is without merit. Specifies that the burden remains on the defendant to show that the cause of action cannot be established or that there is a complete defense to that cause of action, and that the plaintiff does not need to make a prima facie showing of each and every element of the claim or cause of action which is the subject matter of the motion. (3) Establishes as the public policies that motions for summary judgment or summary adjudication should only be granted as to matters that are without merit or where there is no defense to the action or proceeding, and that a trial on the merits is favored. Provides for an exception in cases involving issues of free speech or freedom of the press, in which summary judgment or summary adjudication is stated to be a favored remedy, consistent with existing case law.
Enacts various recommendations of the California Law Revision Commission to update the codes to reflect the demise of the municipal courts in California pursuant to the adoption of trial court unification by all 58 California counties.
Repeals the statute authorizing class actions in California, which is the basis for the body of case law governing class actions in this state. Enacts the Class Actions Improvement Act, which raises the burden of proof for plaintiffs to meet class certification requirements, resolves any doubts in favor of denying class certification, limits the scope of plaintiff class actions to residents of the state, specifies certain other requirements for class certification, authorizes appellate review of court orders granting or denying class certification, eliminates defendant class action, and imposes related requirements.
Makes numerous technical changes in the California codes that have been recommended by the Legislative Counsel's Office. The proposed changes do not make any substantive changes in the law.
Revises the formula by which a court allocates debts between (1) a decedent's estate and a surviving spouse, and (2) between the trust of a deceased settlor, the probate estate of the deceased settlor, and a surviving spouse, in cases where the parties do not agree to the allocation of a debt. Requires the court to follow a procedure comparable to that used for the allocation of debts between spouses in a divorce proceeding, which involves characterization of the debt and allocation of each debt to the asset primarily liable for such debt. Defines specified terms used and allows a court to make a different allocation if equitable. Allows a party to recover damages and expenses, including attorney's fees, incurred on account of a debt mistakenly allocated, as specified.
Reorganizes various provisions in the Probate Code dealing with determination of property claims against estates of decedents, minors and conservatees, and trusts. Authorizes the Superior Court sitting in probate to try questions of title affecting property and any factually related matters claimed by a fiduciary acting on behalf of an estate or other persons.
Requires the State Controller to take additional steps to locate owners of unclaimed (escheated) property.
Provides that in any civil action for injury or illness based upon exposure to a hazardous substance, the time for commencement of the action shall be no later than one year after the plaintiff is diagnosed with a medical condition causally related to that exposure, and the diagnosis includes the causal relation between the injury and the exposure. Provides that in an action for the wrongful death of any plaintiff's decedent, based upon exposure to a hazardous substance, the time for commencement of an action shall be no later than one year from the date of death of the plaintiff's decedent, or one year from the date the plaintiff first knew, or through the exercise of reasonable diligence should have known, that the death was caused or contributed to by that exposure, whichever occurs later.
Specifies that no civil action may be brought as a cross-complaint in any lawsuit for breach of contract against the state or any political subdivision, nor may the civil action be consolidated for any purpose with any such lawsuit.
Requires owners of private works of improvement, in addition to county recorders, to advise subcontractors that a notice of completion or cessation has been recorded.
Exempts certain federal and state military activities and facilities from civil liability for nuisance, as specified.
Extends indefinitely, with certain exceptions, the operation of specified skateboard parks constructed after January 1, 2003, relative to liability issues and makes these provisions applicable to any public skateboard park whether supervised or unsupervised. Lowers the age of the person skateboarding from 14 to seven years of age or older. Provides that, if supervision is provided on a regular basis at a facility or park owned or operated by a public entity as a public skateboard park, neither a public entity nor a public employee is liable to any person riding a skateboard on public property as to any claim based on lack of supervision or inadequate supervision. Deletes the annual reporting requirement to the Judicial Council.
Requires appellate review of trial court orders granting or denying class action certification, provided a notice of appeal is filed within 10 days after entry of the certification order.
Requires that the court direct the payment of residual funds from class action litigation to nonprofit organizations or foundations that will support projects that will benefit the class or similarly situated persons, or that promote the law consistent with the objectives and purposes of the underlying cause of action, to child advocacy programs, or to nonprofit organizations providing civil legal services to the indigent. Deletes statutory provisions authorizing establishment of the California Legal Corps.
Similar legislation is AB 1556 (Romero-D), which is in Assembly Rules Committee.
Authorizes the California Law Revision Commission to continue its study of 19 selected topics, deletes one topic from the list previously approved by the Legislature, and adds one new study topic recommended by the commission. The new study concerns "whether the Subdivision Map Act and the Mitigation Fee Act should be revised to improve the organization, resolve inconsistencies, fill gaps, clarify and rationalize provisions and related matters."
Seeks to limit the use of secrecy agreements and protective orders in defective products and environmental hazard cases only to bring greater "sunshine" on potentially lethal harms to the public.
Extends for another five years the existing conditional immunity from liability granted to the Los Angeles County Department of Public Works and its employees for injuries caused by the condition and use of unlined flood control channels or adjacent flood control spreading grounds. Requires a new Judicial Council report on the incidences of injuries incurred, claims asserted and paid, for this study period.
Requires appellants in proceedings involving the False Claims Act to serve the Attorney General with a copy of each paper filed in the appeal within three days of the filing. Provides that timely compliance with these provisions is a jurisdictional prerequisite to the entry of any judgment, order or decision by the court in such an action, and authorizes the court to extend the three-day time period for good cause, as specified.
Raises the compensation paid to personal representatives and attorneys of estates that are valued up to $200,000.
Amends eminent domain law to facilitate resolution of condemnation cases without trial by: (1) allowing parties to submit any dispute in an eminent domain proceeding for mediation or arbitration; (2) requiring appraisal summaries and offers of compensation to contain detail sufficient to indicate the basis for the appraisal or offer; and (3) requiring final offers and demands to include all elements of required compensation, including loss of goodwill. Applies to any eminent domain proceeding commenced on or after January 1, 2002.
Provides that the Eminent Domain Law may not be exercised to acquire buildings, land on which they are situated, or equipment, used exclusively for religious worship, if they are exempt from property taxes under the California Constitution.
Requires bonding for all public contracts to be by a California-admitted surety insurer, and requires all public agencies to verify the above by either: (1) printing out information from the State Department of Insurance web site and attaching to the bond; or (2) obtaining a certificate from the county clerk and attaching it to the bond.
Revises and adds to the procedures to be followed during the pre-trial process established in existing law for lawsuits involving construction defects in the design or construction of a common interest development. Establishes a mandatory mediation process for all potentially interested parties. Provides that the provisions become effective on July 1, 2002.
Enacts additional disclosure and procedural requirements to the law regulating structured settlement buy-outs in order to better protect consumers who sell their settlements. Provides that the transferee (settlement buyer) must petition and obtain court approval of the sale in order for the transfer to be effective. Makes other recommended changes, including the addition or revision of several definitions of terms used in the law. The changes would apply prospectively to transfers occurring on or after January 1, 2002.
Limits attorney's fee awards in class actions brought against public entities or non-profits.
Provides compensation to a non-profit California corporation providing services as a conservator, guardian or trustee, as specified.
Allows the Attorney General, district attorney or city attorney prosecuting enforcement actions under the Bane Civil Rights Act to seek a civil penalty of $25,000 in addition to injunctive and equitable relief available under current law. Provides that the $25,000 will be awarded to the person whose rights were violated, and assessed against each person who violated those rights. Increases the minimum penalty for a violation of another's civil right to be free from discrimination under Sections 51 and 51.5, or 51.6 of the Civil Code, from $1,000 to $4,000.
Allows a victim of identity theft to obtain a civil judgment establishing that he/she is not the person liable for specified debts incurred as a result of the theft, enjoining attempts to collect on such debts from the victim, and awarding damages, civil penalties and attorneys' fees for collection actions when the victim gave written notice of the judgment to the creditor that his/her identity had been stolen.
Requires the state to comply with the same non-discrimination obligations that are currently applied to its political subdivisions, contractors, and others receiving state funds. Revises the definition of "disability" for these purposes to conform with the definition in other areas of existing state law. Makes changes to the State Department of Motor Vehicles' disability parking placard program.
Provides alternative methods for satisfying notarization requirements pertaining to transactions utilizing e-signatures.
Exempts prosecutors in civil enforcement actions from the laws requiring parties to civil suits who decline pretrial settlement offers, and then fail to obtain a more favorable judgment at trial, to pay the post-offer costs of the party who offered the settlement.
Extends, from 90 to 180 days, the maximum length of time for the Calderon Process, while maintaining the allowance in existing law for parties to extend the length of time by mutual agreement.
Codifies the concurring opinion of California Supreme Court Justice Janice Rogers Brown in last year's case of Lane v. Hughes Aircraft, whereby the justice argues that the courts should adopt a public policy generally limiting punitive damage awards in California to three times the compensatory damages awarded.
Provides that, in a court action pertaining to a defective product or environmental hazard as defined, a party may file a noticed motion for an order of the court permitting specific items or information subject to a protective order to be sent to a California state or federal governmental agency responsible for regulating or monitoring the subject matter contained in the items or information protected. Provides that, during the pendency of the court action and more than one year after disclosure of information the moving party that originally moved for disclosure may file another motion for the disclosure of information to a governmental agency provided specified requirements are met.
Provides that a person may not be held liable for damages when interfering with varied specified rights of a disabled person unless the plaintiff provided the defendant with notice of the alleged violation of the Americans with Disabilities Act of 1990 at least 90 days before filing the complaint, the notice identified the specific facts of the alleged violation, and the defendant failed to correct the violation within 90 days.
Responds to the limitations on appealing an arbitration decision spelled out by the California Supreme Court in Moncharsh v. Heily & Blase, et al, by creating broader grounds for appeal of an arbitration decision.
Requires specified business establishments, such as tailors, hair salons, and dry cleaners, to conspicuously display their prices for each standard service to customers. Requires that the specified businesses provide the customer a complete price list upon request. Provides for a $1,000 fine for violations of this act.
Adds destruction of relevant evidence to those actions already in law constituting misuses of the discovery process.
Prohibits the probate court from waiving the filing of a bond by a conservator without good cause, and requires that a separate bond be filed for each conservatee, except where assets of the conservatees are commingled, in which case one bond that covers all assets may be required. Requires financial institutions, as defined, holding assets of a conservatee or ward to file directly with the court specified statements regarding those assets at specified periods during a conservatorship or guardianship. Exempts public guardians from the requirement that original account statements from a financial institution accompany all accountings to the court for the estate of a conservatee or ward and clarifies what information submitted in conjunction with court accountings would be confidential and subject to disclosure only upon order of the court. Double-joined with SB 125 (Alpert-D).
Prohibits any person, firm, or corporation from displaying or making available any ashtrays or other receptacles designed for tobacco-related waste, for use on any premises where smoking is prohibited. Prohibits the distribution of free samples of tobacco products by mail to anyone who has not been previously identified as a consumer of tobacco products, who is 18 years of age or older. Subjects violations of these provisions to civil penalties. Requires any person, firm, or corporation that maintains an area where smoking is permitted to provide one or more receptacles for tobacco-related waste for use on the premises.
Provides that, where the plaintiff in an eminent domain action files a notice of abandonment or request for dismissal as to a particular defendant, and the court determines that the defendant did not own or have any interest in the property at the time the action commenced, the court is required to award that defendant only those litigation expenses incurred up to the time of the filing of the notice of abandonment or request for dismissal.
Provides immunity from liability for third party inspectors of residential construction.
Creates, commencing January 1, 2003, a new licensure requirement for investigators engaged in the business of recovering unclaimed property for heirs.
Makes numerous changes to the powers and duties of public guardians.
Affirmatively allows a charitable, expressive, and social organization such as the Boy Scouts of America to discriminate in its membership decisions by exempting such organizations from the Unruh Civil Rights Act where the organization's formation and activities are unrelated to the promotion or advancement of the economic or business interests of its members.
Allows any enrollee, subscriber, patient, health care provider or their representatives to file an action for equitable relief from any licensee as to any violation or threatened violation of the Knox-Keene Act. Requires the court to extend for 180 days a plan provider contract under litigation, that is scheduled to expire while the litigation is pending, to provide continuing care to enrollees, except where the plan is able to terminate the contract on specified grounds. Enacts related provisions to protect the enforcement of rights under an AB 1600 action. States that the bill's provisions to allow specified parties and their representatives to file an equitable relief action are declaratory of existing law. Requires the person to first exhaust all available administrative remedies before filing the action, where the action is brought after January 1, 2002.
Renames the Unruh Civil Rights Act as the "Jesse Unruh Civil Rights Act."
Increases the dollar amounts of various personal exemptions available under state law to individuals who file for Chapter 11 bankruptcy. Provides for automatic future increases that are tied to increases in exemption amounts under federal law.
Provides that a communication by any person to specified school personnel relative to a threat on school grounds of violence with a firearm is subject to liability in defamation only if the communication is carried out knowing that it is false, as specified.
Index (in Bill Order)| Bill | Author and Bill Title | Reference Links |
|
SB 8 |
Peace-D Firearms |
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|
SB 9 |
Soto-D Criminal storage of firearms |
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|
SB 11 |
Escutia-D Confidentiality of writings |
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|
SB 26* |
Figueroa-D Court Reporters Board |
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|
SB 27 |
Brulte-R Technology grants for public safety |
|
|
SB 39 |
Poochigian-R City and county adult detention facilities |
|
|
SB 52 |
Scott-D Firearms: handgun safety certificate |
|
|
SB 66 |
Kuehl-D Domestic violence protective orders: background checks |
|
|
SB 78 |
Kuehl-D Premarital agreements |
|
|
SB 82 |
Burton-D Judicial salaries |
|
|
SB 83 |
Burton-D Forensic testing: post conviction |
|
|
SB 89 |
Brulte-R Peace officers: reserve district attorney investigators |
|
|
SB 96 |
Johannessen-R Off-duty and retired officers |
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|
SB 99 |
Morrow-R Attorney General: opinions |
|
|
SB 104 |
Scott-D Adoption |
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SB 109 |
Ackerman-R Unfair practices: representative civil actions |
|
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SB 110 |
Ackerman-R Small claims court |
|
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SB 118 |
Poochigian-R Drug treatment |
|
|
SB 125 |
Alpert-D Identity Theft Resource Center |
|
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SB 128 |
Burton-D Trial court: employees |
|
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SB 129 |
Burton-D Death penalty executions: physicians |
|
|
SB 131 |
Escutia-D Child abuse |
|
|
SB 139 |
Haynes-R Attorneys |
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SB 140 |
Bowen-D Guardians and conservators |
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SB 141 |
Murray-D Stalking |
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SB 143 |
Murray-D Hate crimes |
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SB 144 |
Murray-D Hate crimes: reporting |
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SB 156 |
Haynes-R Correctional personnel: training standards |
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SB 158 |
Haynes-R Attorney's fees: Riverside County |
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SB 168 |
Bowen-D Personal information: confidentiality: identity theft |
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SB 173 |
Poochigian-R Reserve peace officer training |
|
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SB 174 |
Kuehl-D Child support: computer software |
|
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SB 177 |
Haynes-R Property seizures |
|
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SB 187 |
Vasconcellos-D Medical marijuana |
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SB 189 |
Bowen-D Controlled substance release: notification |
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SB 205 |
McPherson-R Technical cleanup amendments to penal provisions |
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SB 206 |
Vincent-D Corrections: appointment of wardens |
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SB 210 |
Senate Local Government Committee Law enforcement |
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SB 215* |
Burton-D Income tax: California Peace Officer Memorial check-off |
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SB 217 |
Kuehl-D CalWORKs: domestic violence |
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SB 222 |
Torlakson-D Identity theft |
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SB 223* |
Burton-D Drug testing |
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SB 228 |
Machado-D County adult detention facilities |
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SB 236 |
O'Connell-D Dogs and cats: microchip: permits |
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SB 238 |
Kuehl-D Bonds and undertakings |
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SB 239 |
Morrow-R Probation and parole: sober living homes |
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SB 255 |
Speier-D Crimes: unattended children in vehicles |
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SB 257 |
Kuehl-D Schools: hate crimes |
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SB 264 |
Ackerman-R Immunity from liability: railroads |
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SB 274 |
Karnette-D Switchblade knives |
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SB 281 |
O'Connell-D Vehicle conditional sale and lease contracts |
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SB 294 |
Scott-D Fees: victims programs |
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SB 297 |
Speier-D DNA database |
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SB 303 |
Torlakson-D Juries: San Francisco Bay Area Rapid Transit District Police |
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SB 304* |
Karnette-D Los Angeles County sheriff |
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SB 314* |
Alpert-D Juvenile justice: statistical data |
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SB 330 |
Morrow-R Interstate Compact for the Supervision of Adult Offenders |
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SB 331 |
Morrow-R Weapons: tear gas |
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SB 333 |
Escutia-D Elder death review teams |
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SB 338 |
Vincent-D Animals: use for research purposes |
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SB 352 |
Kuehl-D State Bar of California: dues |
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SB 355 |
Escutia-D Liability: construction defects |
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SB 364 |
Alpert-D Mortgages and deeds of trust: accrual of interest |
|
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SB 371 |
Escutia-D Courts: interpreters |
|
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SB 378 |
Alarcon-D Criminal procedure |
|
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SB 379 |
Alarcon-D Public safety officers: civilian employees |
|
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SB 395 |
Perata-D Mentally disordered prisoners |
|
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SB 396 |
Kuehl-D Corrections: medical services |
|
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SB 404 |
Polanco-D Prisons: inmate education |
|
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SB 410 |
Kuehl-D Arbitration |
|
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SB 425 |
Torlakson-D Contra Costa County: domestic violence |
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SB 432 |
Monteith-R Parole: child abuse |
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SB 448 |
Perata-D Modification of "Firefighter's Rule" |
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SB 475 |
Escutia-D Dispute resolution: referees and arbitrators |
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SB 476 |
Escutia-D Summary judgment: burden of proof |
|
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SB 479 |
Burton-D Attorneys: diversion and assistance |
|
|
SB 485 |
Senate Public Safety Committee Public safety |
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SB 490 |
Margett-R Murder: special circumstances |
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SB 502 |
Ortiz-D Domestic violence |
|
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SB 510 |
Scott-D Chamber load indicators |
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SB 522 |
Chesbro-D Public safety officers procedural bill of rights |
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SB 551* |
Machado-D Victims Compensation Fund: Sept. 11, 2001 terrorist attacks |
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SB 552 |
Figueroa-D Juror confidentiality: sexually violent predators |
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SB 560 |
Morrow-R California Project Exile Pilot Program |
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SB 562 |
Morrow-R Civil procedure: limited civil cases |
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SB 563 |
Morrow-R Dept. of Corrections: rulemaking procedures |
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SB 564 |
Speier-D Battery: personal relationships |
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SB 565 |
Morrow-R Class actions |
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SB 566 |
Morrow-R Family law court files |
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SB 574 |
Polanco-D Bond acts: juvenile facilities |
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SB 578 |
Figueroa-D Weapons: flechette darts |
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SB 623* |
Escutia-D Court facilities |
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SB 626 |
Perata-D Large-capacity ammunition magazines and assault weapons |
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SB 635 |
Ortiz-D State summary criminal history information |
|
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SB 643 |
Ortiz-D Mental Health Enhancement and Crime Prevention Act |
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SB 652 |
Torlakson-D Firearms: plea bargaining |
|
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SB 659 |
Poochigian-R Juvenile courts: imprisonment |
|
|
SB 662 |
Senate Judiciary Committee Maintenance of the codes |
|
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SB 663 |
Vasconcellos-D Probation officer training: self-esteem |
|
|
SB 667 |
Peace-D Automated enforcement system |
|
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SB 668 |
Poochigian-R Estates and trusts: allocation of debts |
|
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SB 669 |
Poochigian-R Probate: property claims |
|
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SB 673 |
Speier-D Unclaimed property |
|
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SB 682 |
Perata-D Firearms: liability for manufacture or sale |
|
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SB 693 |
Scott-D Commencement of actions: hazardous substances |
|
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SB 700 |
Karnette-D Female inmates: family visitation |
|
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SB 716 |
Machado-D Evidence: psychotherapist-patient privileged communications |
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SB 721 |
Battin-R Sex offenders: registration |
|
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SB 736* |
Poochigian-R Local law enforcement funding |
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|
SB 742* |
Escutia-D Fiscal affairs |
|
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SB 768 |
McPherson-R Prisons |
|
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SB 776 |
Torlakson-D DUI offenses: fines |
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SB 778* |
Burton-D Board of Prison Terms |
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SB 780 |
Ortiz-D Access to clinics and places of worship |
|
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SB 783 |
Brulte-R Crime Laboratories Construction Act |
|
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SB 791 |
McPherson-R Marijuana: possession |
|
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SB 799 |
Karnette-D Battered women's syndrome: writ of habeas corpus |
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SB 805 |
McPherson-R Court reporters: depositions |
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SB 817 |
Johnson-R Attorneys: State Bar |
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SB 818 |
Johnson-R Sex crimes: threats |
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SB 822 |
Poochigian-R County sheriffs: search and rescue |
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SB 823 |
Poochigian-R Local law enforcement funding |
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SB 824 |
Poochigian-R Criminalists |
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SB 826 |
Margett-R Board of Dental Examiners: peace officer investigators |
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SB 836 |
Scott-D Firearms |
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SB 846* |
Ackerman-R Tax credits: attorneys |
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SB 852 |
Figueroa-D Court reporters |
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SB 860 |
Battin-R Grand theft |
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SB 861 |
Costa-D Crime laboratories: funds |
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SB 884* |
Escutia-D Dependent children |
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SB 890 |
McPherson-R Peace officers: correctional counselors |
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SB 900 |
Ortiz-D Criminal history information |
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SB 911 |
Alarcon-D California-Tribal Justice Act of 2001 |
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SB 918* |
Ortiz-D Drug treatment |
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SB 923 |
McPherson-R Restitution fines for bribery convictions |
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SB 926 |
Battin-R Custodial facilities: Riverside County deputy sheriffs |
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SB 927 |
Escutia-D Courts: domestic violence: interpreters |
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SB 934 |
Margett-R False claims actions: restrictions |
|
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SB 935 |
Margett-R Police vehicle pursuit: punishment |
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SB 938 |
Margett-R Works of improvement: liens |
|
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SB 939 |
Soto-D Violence prevention programs |
|
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SB 940 |
Senate Judiciary Committee Disclosure of information regarding juveniles |
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SB 943* |
Senate Judiciary Committee Child support |
|
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SB 950 |
Brulte-R Firearms database: cross referencing |
|
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SB 961 |
Polanco-D Domestic violence reports: child abuse and neglect reports |
|
|
SB 962 |
Polanco-D Child death review team training |
|
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SB 983 |
Knight-R Nuisance: exempt activities |
|
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SB 988 |
Polanco-D Public Safety Officers Procedural Bill of Rights |
|
|
SB 994 |
Morrow-R Liability: public skateboard parks |
|
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SB 1000 |
Johannessen-R Schedule II controlled substances: prescription requirement |
|
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SB 1021 |
Escutia-D Law enforcement technology |
|
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SB 1026* |
McPherson-R Forensic testing: post conviction |
|
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SB 1030 |
Brulte-R Child abandonment: newborns |
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|
SB 1034 |
Vincent-D Bail |
|
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SB 1047 |
Poochigian-R Carrying loaded firearms in public: punishment |
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SB 1059 |
Perata-D Mentally ill offenders |
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SB 1060 |
Knight-R Enhancements: use of firearms |
|
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SB 1073 |
Knight-R Reserve peace officers |
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SB 1090 |
Bowen-D Privacy: satellite television |
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SB 1094 |
Alarcon-D Private judges |
|
|
SB 1103 |
Margett-R Controlled substances: Ecstasy |
|
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SB 1112 |
Polanco-D Court holidays |
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SB 1133 |
Poochigian-R Class actions |
|
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SB 1139 |
Figueroa-D School/Law Enforcement Partnership: hate crimes |
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SB 1151 |
Margett-R Child custody: stays on enforcement of orders |
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SB 1157 |
Knight-R Traffic violator schools |
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SB 1160 |
Polanco-D State attorneys and administrative law judges: compensation |
|
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SB 1171 |
Scott-D Motor carriers and commercial motor vehicles |
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SB 1176 |
Machado-D Workers' compensation: cancer: peace officers |
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SB 1179 |
Senate Public Employment And Retirement Committee Judges' Retirement Fund |
|
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SB 1192 |
Figueroa-D Sex offender registration |
|
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SB 1205 |
Romero-D Public safety officers Procedural Bill of Rights Act |
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SB 1211 |
Romero-D Peace officers: interrogations |
|
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SB 1217 |
Romero-D Prisons |
|
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SB 1218 |
Romero-D Class actions: unpaid residuals |
|
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SB 1221 |
Romero-D Spousal support: domestic violence |
|
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SCR 13 |
Morrow-R California Law Revision Commission: studies |
|
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SCR 22 |
Battin-R Child abuse and neglect |
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SCR 23 |
Polanco-D Year of the Vulnerable Child |
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SCR 33 |
Machado-D Neighborhood Watch Month |
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|
SCR 36 |
Burton-D Stanley Mosk Library and Courts Building |
|
|
SJR 16 |
Machado-D Policing program |
|
|
SR 11 |
Speier-D Sexual Assault Awareness Month |
|
|
SR 18 |
Burton-D Crimes against the homeless |
|
|
AB 4 |
Bates-R Sex offenders: registration |
|
|
AB 19 |
Jackson-D Vehicles: school zones: fines |
|
|
AB 22 |
Lowenthal-D Local licenses to sell firearms |
|
|
AB 23 |
Maddox-R Gangs |
|
|
AB 25 |
Migden-D Domestic partnerships |
|
|
AB 35 |
Shelley-D Handgun safety certificate |
|
|
AB 36 |
Steinberg-D Confidentiality of writings |
|
|
AB 41 |
Washington-D Special prosecution teams and services: endangered children |
|
|
AB 73 |
Washington-D Vehicles: fines: records |
|
|
AB 74 |
Washington-D Criminal procedure |
|
|
AB 77 |
Havice-D Criminal proceedings: persons with disabilities |
|
|
AB 78 |
Alquist-D Statute of limitations: child molestation |
|
|
AB 86 |
Cardenas-D Local law enforcement funding |
|
|
AB 89 |
Bates-R In-Home Supportive Services: provider criminal clearances |
|
|
AB 92 |
Chavez-D Liability: flood control and water conservation facilities |
|
|
AB 97 |
Zettel-R Mentally disordered offenders |
|
|
AB 98 |
Zettel-R Controlled substances |
|
|
AB 102* |
Rod Pacheco-R Mandatory child abuse reporting laws |
|
|
AB 105 |
Rod Pacheco-R Peace officers: employee organization |
|
|
AB 109 |
Alquist-D Elder and dependent adult abuse |
|
|
AB 119 |
Chavez-D Securities: broker-dealers |
|
|
AB 126* |
Firebaugh-D Crime prevention: DISARM program |
|
|
AB 127 |
Firebaugh-D Youth Enriched by Sports Program |
|
|
AB 141 |
Cardoza-D Internet: minors |
|
|
AB 145 |
Robert Pacheco-R Local fees on credit cards |
|
|
AB 146 |
Wayne-D State attorneys and administrative law judges |
|
|
AB 147 |
Longville-D Law enforcement telecommunications system |
|
|
AB 153 |
Nakano-D Board of Corrections: membership |
|
|
AB 154 |
Runner-R Drug test tampering |
|
|
AB 155 |
Lowenthal-D Commission on Peace Officer Standards and Training |
|
|
AB 160 |
Bates-R Domestic violence: protective orders |
|
|
AB 170 |
La Suer-R Public safety officers |
|
|
AB 191 |
Bates-R Elder and dependent abuse |
|
|
AB 215 |
Cohn-D Benefits: survivors of firefighters and peace officers |
|
|
AB 216 |
Matthews-D Victims' rights: notification |
|
|
AB 217* |
Wesson-D Imitation firearms |
|
|
AB 222 |
Wiggins-D False Claims Act: qui tam actions |
|
|
AB 223 |
Frommer-D Evidence: depositions: forms: discovery |
|
|
AB 225 |
Washington-D Psychotropic drugs: dependent children |
|
|
AB 232 |
John Campbell-R Administration of estates and trusts |
|
|
AB 237 |
Papan-D Eminent domain |
|
|
AB 239 |
Runner-R Controlled substances: methamphetamine and phencyclidine |
|
|
AB 241 |
Dickerson-R Traffic offenses |
|
|
AB 245 |
Wyland-R Identity theft |
|
|
AB 246* |
Bill Campbell-R Income taxes: credit: adoption |
|
|
AB 247 |
Maddox-R Eminent domain: houses of worship |
|
|
AB 255 |
Zettel-R Elder and dependent adult abuse |
|
|
AB 258 |
La Suer-R Controlled substances |
|
|
AB 263 |
Correa-D Bonds: public works contracts |
|
|
AB 267 |
Steinberg-D Construction defects |
|
|
AB 268 |
Wayne-D Structured settlement payment rights |
|
|
AB 299 |
Rod Pacheco-R Criminal jurisdiction |
|
|
AB 300 |
Simitian-D Criminal law: imprisonment |
|
|
AB 311 |
Bill Campbell-R California Highway Patrol officers: age limit |
|
|
AB 324 |
Corbett-D Firearms dealers |
|
|
AB 329 |
Jackson-D Court proceeding |
|
|
AB 340 |
Wright-D California Science Center: police and security services |
|
|
AB 346 |
Migden-D Dept. of Corrections and Youth and Adult Correctional Agency |
|
|
AB 349 |
La Suer-R Sex offenders: registration update |
|
|
AB 352 |
Runner-R Crime prevention: DISARM program |
|
|
AB 354 |
Havice-D School security officers: training |
|
|
AB 355 |
Havice-D School resource officer training |
|
|
AB 360 |
Wesson-D Vehicle impoundment |
|
|
AB 362 |
Corbett-D Domestic Violence Prevention Act: definitions |
|
|
AB 363 |
Steinberg-D Attorneys |
|
|
AB 370 |
Wright-D Residence address information of vehicle owners |
|
|
AB 380 |
Wright-D Evidence of prior sexual offenses |
|
|
AB 388 |
Strom-Martin-D Industrial hemp: research |
|
|
AB 394 |
Maddox-R Controlled substances |
|
|
AB 409 |
Correa-D Victims of crime: filing extension |
|
|
AB 417 |
Cedillo-D Public safety officers: civilian employees |
|
|
AB 429* |
Aroner-D Health and welfare programs |
|
|
AB 443* |
Aanestad-R Law enforcement funding: budget trailer bill |
|
|
AB 453 |
Correa-D Department of Justice: DNA testing: infectious disease |
|
|
AB 454 |
Wyman-R Flight from a peace officer |
|
|
AB 455 |
Wyman-R Child endangerment |
|
|
AB 456 |
John Campbell-R Class actions: attorney's fees |
|
|
AB 461 |
Dickerson-R Sexual battery: minors |
|
|
AB 469 |
Cohn-D Domestic violence |
|
|
AB 477 |
Cohn-D Criminal procedure |
|
|
AB 479 |
Shelley-D Guardians: conservators: charitable corporations |
|
|
AB 496 |
Koretz-D Firearms |
|
|
AB 501 |
Runner-R Internet: minors |
|
|
AB 509 |
Leach-R Traffic violator schools |
|
|
AB 511 |
Matthews-D Community property: primary residence |
|
|
AB 517 |
Richman-R Sentencing |
|
|
AB 530 |
Reyes-D Crime prevention |
|
|
AB 538 |
Cardoza-D Adoption |
|
|
AB 539 |
Maddox-R Marital: liability: spousal debts |
|
|
AB 546 |
Cohn-D Traffic violation schools |
|
|
AB 550 |
Zettel-R Adoption |
|
|
AB 562 |
Bogh-R Local law enforcement funding |
|
|
AB 565 |
Cardoza-D Methamphetamine: penalties |
|
|
AB 566 |
Koretz-D Assault weapons buyback |
|
|
AB 571 |
Canciamilla-D Adoptions by relatives: study |
|
|
AB 576 |
Cogdill-R Controlled substances: unlawful manufacture |
|
|
AB 577 |
Cogdill-R Controlled substances: manufacture |
|
|
AB 579 |
La Suer-R Sentencing: sex offense enhancements: minors |
|
|
AB 580 |
La Suer-R Assault: peace officers |
|
|
AB 581 |
La Suer-R Transit: fare evasion |
|
|
AB 583 |
Jackson-D Dissolution of marriage: community property |
|
|
AB 587 |
Firebaugh-D Civil rights |
|
|
AB 591 |
Vargas-D Indians: child welfare services: adoptions |
|
|
AB 596 |
Negrete McLeod-D Public health: hepatitis C |
|
|
AB 650 |
Leach-R Domestic violence: medical examinations |
|
|
AB 653 |
Horton-D Crime: minors: schools |
|
|
AB 655 |
Wright-D Personal identifying information: identity theft |
|
|
AB 664* |
Dutra-D Domestic violence programs |
|
|
AB 665* |
Bates-R Income taxes: credit: adoption |
|
|
AB 669 |
Hertzberg-D Firearms: ballistics identification systems study |
|
|
AB 673 |
Migden-D Forensic identification |
|
|
AB 675 |
Migden-D Compassionate release of terminally ill inmates |
|
|
AB 677 |
Steinberg-D Persons with disabilities |
|
|
AB 698 |
Wesson-D Attorney General: Office of Immigrant Assistance |
|
|
AB 700 |
Simitian-D Electronic signatures: notarization |
|
|
AB 701 |
Dickerson-R Juveniles: booking and fingerprinting |
|
|
AB 703 |
Cardoza-D Sex offender registration |
|
|
AB 705 |
Steinberg-D Dependent children: siblings |
|
|
AB 731 |
Wayne-D Domestic violence: interstate enforcement of orders |
|
|
AB 732 |
Wayne-D Civil procedure: settlement offers |
|
|
AB 739 |
Frommer-D Construction defect litigation |
|
|
AB 746 |
La Suer-R Nonresident petitioners: adoption |
|
|
AB 752 |
Briggs-R Legal advertising |
|
|
AB 756 |
Maldonado-R Sex offender registration: disclosure |
|
|
AB 757 |
Maldonado-R Sexually violent predators |
|
|
AB 758 |
Maddox-R Peace officers: spinal x-rays |
|
|
AB 765 |
Maddox-R Probation officers |
|
|
AB 785 |
Bates-R Commercial courts: pilot project |
|
|
AB 788 |
Firebaugh-D Crime prevention |
|
|
AB 799 |
Shelley-D Parentage: establishment |
|
|
AB 803 |
Maddox-R Peace officers: public safety officials |
|
|
AB 808* |
Shelley-D Recovery of missing children |
|
|
AB 815 |
Havice-D Controlled substances: unlawful detainer |
|
|
AB 821 |
Simitian-D High Technology Crime Prevention Training |
|
|
AB 823 |
Richman-R High speed chase: sanctions |
|
|
AB 838 |
Koretz-D Peace officers: postsecondary education: tuition |
|
|
AB 840 |
Robert Pacheco-R Exemplary damages |
|
|
AB 846 |
Strickland-R Youth Authority: commitment |
|
|
AB 851 |
Briggs-R Firearms: unsafe handguns |
|
|
AB 853 |
Liu-D Dependent children: visitation |
|
|
AB 873 |
Harman-R Nonprobate transfers: former spouses |
|
|
AB 879 |
Keeley-D Rural crime prevention program |
|
|
AB 881 |
Simitian-D Discovery |
|
|
AB 882 |
Cedillo-D Cancellation of POST certification |
|
|
AB 884 |
Leach-R Sentencing: sex offenses |
|
|
AB 891 |
Goldberg-D Child support: disabled noncustodial parents |
|
|
AB 895 |
Wiggins-D PERS: state peace officer/firefighter members |
|
|
AB 897 |
Daucher-R Domestic violence |
|
|
AB 905 |
Cohn-D Housing: down payment assistance: public safety officers |
|
|
AB 911 |
Simitian-D Vehicles: cellular phones |
|
|
AB 913 |
Steinberg-D Pro bono services |
|
|
AB 929 |
Frommer-D Child Abuse Vertical Prosecution Program |
|
|
AB 932 |
Migden-D Juveniles |
|
|
AB 957 |
Papan-D Evidence: admissibility |
|
|
AB 960 |
Keeley-D Crime prevention: environmental prosecution project |
|
|
AB 965 |
Mountjoy-R Highways: victim signs |
|
|
AB 982 |
Firebaugh-D Law schools |
|
|
AB 987 |
Maldonado-R Custodial officers: County of Santa Barbara |
|
|
AB 1003 |
Frommer-D Criminal restitution. |
|
|
AB 1004 |
Bates-R Sex offenders: registration |
|
|
AB 1005 |
Dutra-D Murder and manslaughter |
|
|
AB 1006 |
Jackson-D Courts: Ventura County |
|
|
AB 1012 |
Corbett-D Felony child pornography: punishment |
|
|
AB 1016 |
Oropeza-D Bail |
|
|
AB 1017 |
Jackson-D Victims of Crime Program |
|
|
AB 1019 |
Corbett-D Domestic violence: victims |
|
|
AB 1023 |
Canciamilla-D Animal control officers: use of batons |
|
|
AB 1029 |
Oropeza-D Confidential DMV records |
|
|
AB 1037 |
Firebaugh-D State attorneys: compensation |
|
|
AB 1038 |
Hertzberg-D California Highway Patrol: personnel administration |
|
|
AB 1040 |
Dutra-D Disabled persons: liability |
|
|
AB 1067 |
Jackson-D Arbitration |
|
|
AB 1073 |
Wesson-D Adult education in correctional facilities |
|
|
AB 1078 |
Jackson-D Driving under the influence |
|
|
AB 1083 |
Bates-R Paralegals: certification |
|
|
AB 1088 |
Jackson-D Civil rights: gender discrimination |
|
|
AB 1099 |
Havice-D Judges' retirement: benefits |
|
|
AB 1111 |
Simitian-D Elder and dependent adult financial abuse protection program |
|
|
AB 1129 |
Liu-D Juvenile court proceedings |
|
|
AB 1139 |
Thomson-D Law enforcement funding |
|
|
AB 1142* |
Runner-R Sexually violent predators: evaluators |
|
|
AB 1149 |
Florez-D State prisons: confidentiality of personnel information |
|
|
AB 1152 |
Vargas-D Peace officers: basic educational requirements |
|
|
AB 1155 |
Dutra-D Identity theft |
|
|
AB 1158 |
Cardenas-D Crimes: sex offenses |
|
|
AB 1161 |
Papan-D Grand jurors: compensation |
|
|
AB 1188 |
Briggs-R Firearms |
|
|
AB 1193 |
Steinberg-D Insurers: hate crimes: cancellation |
|
|
AB 1195 |
Correa-D Public safety officers |
|
|
AB 1203 |
Dickerson-R Rural Crime Prevention Program |
|
|
AB 1210 |
La Suer-R Forensic laboratories |
|
|
AB 1211 |
La Suer-R High technology crimes: probation |
|
|
AB 1215 |
Ashburn-R California Project Exile Pilot Program of 2001 |
|
|
AB 1219 |
Frommer-D Firearms: safety mechanisms |
|
|
AB 1260 |
Wayne-D Discovery: misuses of the process |
|
|
AB 1286 |
Rod Pacheco-R Conservatorships: bonds |
|
|
AB 1304 |
Rod Pacheco-R Criminal procedure. |
|
|
AB 1305 |
Rod Pacheco-R Vehicles: offenses and prosecution |
|
|
AB 1312 |
Nakano-D The Asian Pacific Islander Anti-Hate Crimes Program |
|
|
AB 1317 |
Liu-D Identifying information |
|
|
AB 1322 |
Negrete McLeod-D Peace officers: equipment |
|
|
AB 1323 |
Negrete McLeod-D Marriage licenses |
|
|
AB 1338 |
Koretz-D Civil unions |
|
|
AB 1339 |
Keeley-D School security training |
|
|
AB 1344 |
Cox-R Peace officers: false representation |
|
|
AB 1349 |
Pescetti-R Adoption records: adult adoptees |
|
|
AB 1361 |
Cardoza-D Staffing levels for the California Highway Patrol |
|
|
AB 1373 |
Wyman-R Department of Corrections: database |
|
|
AB 1375 |
Ashburn-R Methamphetamine: increased penalties |
|
|
AB 1395 |
Ashburn-R Adoption: post-adoption counseling services |
|
|
AB 1399 |
Cardenas-D Crime prevention: juvenile repeat offender program |
|
|
AB 1416 |
Leach-R Controlled substances: Ecstasy |
|
|
AB 1426 |
Wright-D Child support: earnings assignment |
|
|
AB 1449 |
Keeley-D Child support |
|
|
AB 1450 |
Cardenas-D Global positioning systems: parolees |
|
|
AB 1453 |
Koretz-D Tobacco: display and use limitations |
|
|
AB 1460 |
Nation-D Authorization to move prisoners from San Quentin Prison |
|
|
AB 1463 |
Longville-D Litigation expenses |
|
|
AB 1468 |
Briggs-R City and county adult and juvenile detention facilities |
|
|
AB 1474 |
Koretz-D Driver's license and identification card fee increase |
|
|
AB 1476 |
Dickerson-R Unsolved Violent Crimes Program |
|
|
AB 1486 |
Dutra-D Building inspections: liability |
|
|
AB 1497 |
Negrete McLeod-D Victim Restitution Fund: child abuse |
|
|
AB 1501 |
Negrete McLeod-D Sex offenses: punishment |
|
|
AB 1504 |
Robert Pacheco-R Attorneys' fees: early demand |
|
|
AB 1506 |
Negrete McLeod-D Unclaimed property: private investigators: attorneys |
|
|
AB 1512 |
Aroner-D Death penalty |
|
|
AB 1517 |
Canciamilla-D Public guardian |
|
|
AB 1524 |
Florez-D Inmate and medical records |
|
|
AB 1536 |
Cardenas-D Truancy |
|
|
AB 1546 |
Zettel-R Reckless driving: penalty |
|
|
AB 1549* |
Wiggins-D Court facilities |
|
|
AB 1555 |
Ashburn-R Sex offenders: Internet access to CD-ROM database |
|
|
AB 1570 |
Pavley-D Domestic violence: mandatory batterer's programs |
|
|
AB 1571 |
Shelley-D Court employees: Supreme Court and courts of appeal |
|
|
AB 1579 |
Kehoe-D County sheriffs |
|
|
AB 1590 |
Simitian-D Criminal procedure |
|
|
AB 1592 |
Wyman-R Civil rights |
|
|
AB 1600 |
Keeley-D Health care service plans |
|
|
AB 1610 |
Wright-D Voting by prisoners |
|
|
AB 1613 |
Washington-D Vehicle forfeiture: storage |
|
|
AB 1614 |
Washington-D Crime prevention: drug endangered children |
|
|
AB 1620 |
Washington-D Crime prevention |
|
|
AB 1638 |
Bates-R Public safety: financing |
|
|
AB 1647 |
John Campbell-R Wiretaps |
|
|
AB 1652 |
Goldberg-D Sentencing |
|
|
AB 1660 |
Negrete McLeod-D Jury service: pollworkers |
|
|
AB 1697 |
Assembly Judiciary Committee Judicial proceedings |
|
|
AB 1700 |
Assembly Judiciary Committee Courts |
|
|
AB 1701 |
Assembly Judiciary Committee Unruh Civil Rights Act |
|
|
AB 1704 |
Assembly Judiciary Committee Federal bankruptcy: applicable exemptions |
|
|
AB 1709* |
Migden-D Animals: mischievous: great bodily injury |
|
|
AB 1717 |
Zettel-R School reports: defamation liability |
|
|
ACR 7 |
Havice-D California Peace Officers' Memorial Day |
|
|
ACR 8 |
Havice-D Crime Victims' Rights Week |
|
|
ACR 9 |
Havice-D Law Enforcement Appreciation Week |
|
|
ACR 10 |
Havice-D Red Ribbon Week |
|
|
ACR 12 |
Cardoza-D Child abuse and neglect |
|
|
ACR 37 |
Zettel-R Child abuse and neglect |
|
|
ACR 48 |
La Suer-R National Crime Victims' Rights Week |
|
|
ACR 51 |
Negrete McLeod-D Parents Anonymous, Inc. |
|
|
ACR 87 |
Chavez-D Military Families Recognition Week |
|
|
ACR 99 |
Thomson-D Health Cares About Domestic Violence Day |
|
|
ACR 116 |
Bill Campbell-R California Family Month |
|
|
AJR 12 |
Firebaugh-D Incarceration: undocumented alien felons |
|
|
AJR 18 |
Aroner-D Child support automation systems |
|
|
HR 8 |
Runner-R Emergency broadcast system |
|
|
HR 9 |
Calderon-D Legislative oversight |
|
|
HR 19 |
La Suer-R National Peace Officers' Memorial: National Police Week |
|
|
HR 20 |
Leach-R National Missing Children's Day |
|