Criminal Justice and Judiciary


Death Penalty
Domestic Violence
Child Abuse
Sex Offenders
Controlled Substances
Drunk Driving/Other Vehicle Code Offenses
Other Crimes and Sentencing
Procedural
Juries
Juvenile Justice
Corrections
Victims' Rights
Weapons
Legal Professions
Courts and Judges
Law Enforcement
Family Law
Civil Law

Index Death Penalty

SB 129 (Burton-D) Death penalty executions: physicians

Provides 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.

Chapter 71, Statutes of 2001

AB 1460 (Nation-D) Authorization to move prisoners from San Quentin Prison

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.

Chapter 934, Statutes of 2001

AB 1512 (Aroner-D) Death penalty

Prohibits the death penalty for a mentally retarded person, as defined.

(In Assembly Appropriations Committee)

TopIndex Domestic Violence

SB 66 (Kuehl-D) Domestic violence protective orders: background checks

Requires 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

Chapter 572, Statutes of 2001

SB 217 (Kuehl-D) CalWORKs: domestic violence

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.

(In Senate Appropriations Committee)

SB 425 (Torlakson-D) Contra Costa County: domestic violence

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.

Chapter 90, Statutes of 2001

SB 502 (Ortiz-D) Domestic violence

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.

Chapter 579, Statutes of 2001 - Item Veto

SB 564 (Speier-D) Battery: personal relationships

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.

(In Senate Appropriations Committee)

SB 927 (Escutia-D) Courts: domestic violence: interpreters

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.

(In Senate Appropriations Committee)

SB 961 (Polanco-D) Domestic violence reports: child abuse and neglect reports

Requires child protective service agencies to develop protocols for collaboration with other specified groups relative to domestic violence.

Vetoed by the Governor

SB 1221 (Romero-D) Spousal support: 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.

Chapter 293, Statutes of 2001

AB 160 (Bates-R) Domestic violence: protective orders

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.

Chapter 698, Statutes of 2001

AB 362 (Corbett-D) Domestic Violence Prevention Act: definitions

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.

Chapter 110, Statutes of 2001

AB 469 (Cohn-D) Domestic violence

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.

Chapter 483, Statutes of 2001

AB 477 (Cohn-D) Criminal procedure

Requires persons accused of misdemeanor domestic violence-related offenses to be present for arraignment and sentencing.

Chapter 82, Statutes of 2001

AB 650 (Leach-R) Domestic violence: medical examinations

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.

(In Assembly Public Safety Committee)

AB 664* (Dutra-D) Domestic violence programs

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.

Chapter 707, Statutes of 2001

AB 731 (Wayne-D) Domestic violence: interstate enforcement of orders

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.

Chapter 816, Statutes of 2001

AB 897 (Daucher-R) Domestic violence

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.

(In Assembly Appropriations Committee)

AB 1019 (Corbett-D) Domestic violence: victims

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.

Chapter 419, Statutes of 2001

AB 1317 (Liu-D) Identifying information

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.

(In Assembly Public Safety Committee)

ACR 99 (Thomson-D) Health Cares About Domestic Violence Day

Proclaims October 18, 2001, as Health Cares About Domestic Violence Day.

Resolution Chapter 131, Statutes of 2001

TopIndex Child Abuse

SB 131 (Escutia-D) Child abuse

Enacts 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.

(In Senate Appropriations Committee)

SB 432 (Monteith-R) Parole: child abuse

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.

Chapter 470, Statutes of 2001

SB 939 (Soto-D) Violence prevention programs

Requires the State Department of Health Services to implement several new activities relating to violence. Creates the Safe Children and Communities Advisory Board.

(In Assembly Appropriations Committee)

SB 962 (Polanco-D) Child death review team training

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.

Vetoed by the Governor

SB 1030 (Brulte-R) Child abandonment: newborns

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.

(In Senate Public Safety Committee)

SCR 22 (Battin-R) Child abuse and 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.

Resolution Chapter 65, Statutes of 2001

SCR 23 (Polanco-D) Year of the Vulnerable Child

Declares the year 2001 as the Year of the Vulnerable Child.

Resolution Chapter 95, Statutes of 2001

AB 102* (Rod Pacheco-R) Mandatory child abuse reporting laws

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.

Chapter 133, Statutes of 2001

AB 455 (Wyman-R) Child endangerment

Expands the current list of violent felonies to include the alternate misdemeanor/felony offense of child endangerment and corporal punishment of a child.

(Failed passage in Assembly Public Safety Committee)

AB 929 (Frommer-D) Child Abuse Vertical Prosecution Program

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.

Chapter 210, Statutes of 2001

AB 1317 (Liu-D) Identifying information

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.

(In Assembly Public Safety Committee)

AB 1497 (Negrete McLeod-D) Victim Restitution Fund: child abuse

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.

Vetoed by the Governor

ACR 12 (Cardoza-D) Child abuse and neglect

Designates 2001 as the Year of Heightened Concern for Special Children.

Resolution Chapter 27, Statutes of 2001

ACR 37 (Zettel-R) Child abuse and neglect

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.

(In Senate Rules Committee)

TopIndex Sex Offenders

SB 552 (Figueroa-D) Juror confidentiality: sexually violent predators

Extends 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.

(In Senate Public Safety Committee)

SB 721 (Battin-R) Sex offenders: registration

Provides Internet access to the sex offender registry, as specified.

(In Senate Public Safety Committee)

SB 818 (Johnson-R) Sex crimes: threats

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.

(In Senate Public Safety Committee)

SB 1192 (Figueroa-D) Sex offender registration

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.

Chapter 224, Statutes of 2001

SR 11 (Speier-D) Sexual Assault Awareness Month

Designates the month of April as Sexual Assault Awareness Month.

Adopted by the Senate

AB 4 (Bates-R) Sex offenders: registration

Requires sex offender registrants to register additionally at university campuses, as defined, where they work or are enrolled, as specified.

Chapter 544, Statutes of 2001

AB 299 (Rod Pacheco-R) Criminal jurisdiction

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.

(In Assembly Public Safety Committee)

AB 349 (La Suer-R) Sex offenders: registration update

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).

Chapter 843, Statutes of 2001

AB 380 (Wright-D) Evidence of prior sexual offenses

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.

Chapter 517, Statutes of 2001

AB 461 (Dickerson-R) Sexual battery: minors

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.

(In Assembly Appropriations Committee)

AB 579 (La Suer-R) Sentencing: sex offense enhancements: minors

Increases the penalty to 25 years-to-life for conviction of specified sex offenses where the victim is a minor.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 703 (Cardoza-D) Sex offender registration

Requires sex offenders residing, enrolled or employed in any university or college to register with the campus police department.

(In Assembly Public Safety Committee)

AB 756 (Maldonado-R) Sex offender registration: disclosure

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.

(In Assembly Appropriations Committee)

AB 757 (Maldonado-R) Sexually violent predators

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.

(In Assembly Public Safety Committee)

AB 884 (Leach-R) Sentencing: sex offenses

Eliminates the authority for the Board of Prison Terms to grant worktime credits in order to reduce those specified sex offense sentences.

(In Assembly Public Safety Committee)

AB 1004 (Bates-R) Sex offenders: registration

Lowers from 90 to 60 days the minimum period within which sex offender registrants must update their registration when they have no residence address.

Chapter 485, Statutes of 2001

AB 1019 (Corbett-D) Victims of crime

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.

Chapter 418, Statutes of 2001

AB 1142* (Runner-R) Sexually violent predators: evaluators

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.

Chapter 323, Statutes of 2001

AB 1158 (Cardenas-D) Crimes: sex offenses

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.

(In Assembly Public Safety Committee)

AB 1501 (Negrete McLeod-D) Sex offenses: punishment

Adds the crime of continuous sexual abuse of a child to the list of "one-strike" sex offenses.

(Failed passage in Senate Public Safety Committee)

AB 1555 (Ashburn-R) Sex offenders: Internet access to CD-ROM database

Requires the Department of Justice to provide specified information regarding registered sex offenders on the Internet.

(In Senate Public Safety Committee)

TopIndex Controlled Substances

SB 187 (Vasconcellos-D) Medical marijuana

Requires 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.

(On Senate Unfinished Business File)

SB 189 (Bowen-D) Controlled substance release: notification

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.

Chapter 466, Statutes of 2001

SB 791 (McPherson-R) Marijuana: possession

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.

(Failed passage on Assembly Floor)

SB 1000 (Johannessen-R) Schedule II controlled substances: prescription requirement

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.

Vetoed by the Governor

SB 1103 (Margett-R) Controlled substances: Ecstasy

Classifies the drug 3, 4-Methylenedioxymethamphetamine within Schedule I of the state controlled substances law.

(In Senate Public Safety Committee)

Similar legislation is AB 1416 (Leach-R), which is in Assembly Public Safety Committee.

AB 98 (Zettel-R) Controlled substances

Makes the possession of a benzodiazepine drug a misdemeanor or an infraction. Double-joined with AB 258 (La Suer).

Chapter 838, Statutes of 2001

AB 239 (Runner-R) Controlled substances: methamphetamine and phencyclidine

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.

(In Assembly Appropriations Committee)

AB 258 (La Suer-R) Controlled substances

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).

Chapter 841, Statutes of 2001

AB 388 (Strom-Martin-D) Industrial hemp: research

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.

(In Senate Agriculture and Water Committee)

AB 394 (Maddox-R) Controlled substances

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.

(In Assembly Appropriations Committee)

AB 565 (Cardoza-D) Methamphetamine: penalties

Increases the penalties and enhancements for methamphetamine manufacturing, and disposal, as specified.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

AB 576 (Cogdill-R) Controlled substances: unlawful manufacture

Creates a new felony for extracting ephedrine or pseudoephedrine and increases the penalties for manufacturing, as specified.

(In Assembly Public Safety Committee)

AB 577 (Cogdill-R) Controlled substances: manufacture

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.

(In Assembly Appropriations Committee)

AB 815 (Havice-D) Controlled substances: unlawful detainer

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.

Chapter 431, Statutes of 2001

AB 1375 (Ashburn-R) Methamphetamine: increased penalties

Increases the penalties for methamphetamine convictions and prohibits probation, as specified.

(Failed passage in Assembly Public Safety Committee)

AB 1416 (Leach-R) Controlled substances: Ecstasy

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.

(In Assembly Public Safety Committee)

Similar legislation is SB 1103 (Margett-D), which is in Senate Public Safety Committee.

TopIndex Drunk Driving/Other Vehicle Code Offenses

SB 255 (Speier-D) Crimes: unattended children in vehicles

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.

Chapter 855, Statutes of 2001

SB 667 (Peace-D) Automated enforcement system

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.

Chapter 496, Statutes of 2001

SB 776 (Torlakson-D) DUI offenses: fines

Initiates an evaluation of the current driving under the influence sanctions and seeks recommendations for improvement.

Chapter 857, Statutes of 2001

SB 935 (Margett-R) Police vehicle pursuit: punishment

Increases the penalties for evading a peace officer.

(In Assembly Appropriations Committee)

SB 1157 (Knight-R) Traffic violator schools

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.

(Failed passage in Senate Appropriations Committee)

SB 1171 (Scott-D) Motor carriers and commercial motor vehicles

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.

(In Senate Transportation Committee)

AB 19 (Jackson-D) Vehicles: school zones: fines

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.

(In Assembly Appropriations Committee)

AB 73 (Washington-D) Vehicles: fines: records

Limits fines for specified vehicle equipment and registration violations.

(Failed passage in Assembly Transportation Committee)

AB 241 (Dickerson-R) Traffic offenses

Increases the penalty for felony driving under the influence under specified conditions.

(In Assembly Appropriations Committee)

AB 360 (Wesson-D) Vehicle impoundment

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.

Chapter 480, Statutes of 2001

AB 370 (Wright-D) Residence address information of vehicle owners

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.

Chapter 676, Statutes of 2001

AB 454 (Wyman-R) Flight from a peace officer

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.

(Failed passage in Assembly Public Safety Committee)

AB 509 (Leach-R) Traffic violator schools

Permits a traffic violator school to accept any person interested in attending this school, not only court-ordered traffic violators.

Chapter 457, Statutes of 2001

AB 546 (Cohn-D) Traffic violation schools

Requires the State Department of Motor Vehicles to license home study programs as traffic violator schools.

(In Senate Transportation Committee)

AB 823 (Richman-R) High speed chase: sanctions

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.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 911 (Simitian-D) Vehicles: cellular phones

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.

(In Assembly Transportation Committee)

AB 1078 (Jackson-D) Driving under the influence

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.

Chapter 849, Statutes of 2001

Similar to SB 1025 (Karnette-D) which is in Assembly Appropriations Committee.

AB 1305 (Rod Pacheco-R) Vehicles: offenses and prosecution

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.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 1546 (Zettel-R) Reckless driving: penalty

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.

(In Assembly Appropriations Committee)

AB 1613 (Washington-D) Vehicle forfeiture: storage

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.

(In Assembly Transportation Committee)

TopIndex Other Crimes and Sentencing

SB 83 (Burton-D) Forensic testing: post conviction

Allows, 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.

Chapter 943, Statutes of 2001

SB 141 (Murray-D) Stalking

Changes the definition of "implied threat" in the stalking statute to delete "pattern" of conduct, as specified.

(Failed passage in Senate Public Safety Committee)

SB 143 (Murray-D) Hate crimes

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.

(In Senate Appropriations Committee)

SB 144 (Murray-D) Hate crimes: reporting

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.

(Failed passage in Senate Public Safety Committee)

SB 177 (Haynes-R) Property seizures

Requires detailed notice to a property owner for property seized without a warrant by a law enforcement agency.

(In Assembly Public Safety Committee)

SB 205 (McPherson-R) Technical cleanup amendments to penal provisions

Makes numerous minor conforming and technical changes to penal provisions in various codes, as determined and urged by the California District Attorneys Association.

Chapter 854, Statutes of 2001

SB 239 (Morrow-R) Probation and parole: sober living homes

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.

(In Senate Public Safety Committee)

SB 257 (Kuehl-D) Schools: hate crimes

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.

Chapter 890, Statutes of 2001

SB 297 (Speier-D) DNA database

Makes changes to the evidence retention and confidentiality provision and the criminal liability provisions of the Missing Persons DNA Database.

Chapter 467, Statutes of 2001

SB 485 (Senate Public Safety Committee) Public safety

Makes technical changes and corrections to specified Penal and Vehicle Code provisions, including extending the date for the interlock system to be completed.

Chapter 473, Statutes of 2001

SB 490 (Margett-R) Murder: special circumstances

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.

(In Senate Public Safety Committee)

SB 502 (Ortiz-D) Elder abuse: medical procedure

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.

Chapter 579, Statutes of 2001 - Item Veto

SB 780 (Ortiz-D) Access to clinics and places of worship

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.

Chapter 899, Statutes of 2001

SB 799 (Karnette-D) Battered women's syndrome: writ of habeas corpus

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.

Chapter 858, Statutes of 2001

SB 860 (Battin-R) Grand theft

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.

(Failed passage in Senate Public Safety Committee)

SB 923 (McPherson-R) Restitution fines for bribery convictions

Increases the restitution fines applicable to bribery, so as to ensure that public official defendants do not profit from their crimes despite prosecution.

Chapter 282, Statutes of 2001

SB 1034 (Vincent-D) Bail

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.

(In Senate Public Safety Committee)

SB 1060 (Knight-R) Enhancements: use of firearms

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.

(In Senate Public Safety Committee)

SB 1090 (Bowen-D) Privacy: satellite television

Updates the prohibition on monitoring of subscribers and receivers of satellite services to reflect current service technologies.

Chapter 731, Statutes of 2001

SR 18 (Burton-D) Crimes against the homeless

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.

Adopted

AB 23 (Maddox-R) Gangs

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.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 109 (Alquist-D) Elder and dependent adult abuse

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.

(In Senate Appropriations Committee)

AB 141 (Cardoza-D) Internet: minors

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.

(In Assembly Appropriations Committee)

AB 145 (Robert Pacheco-R) Local fees on credit cards

Authorizes the payment by credit card for the deposit of bail or for any fine for any offense not declared to be a felony.

Chapter 108, Statutes of 2001

AB 154 (Runner-R) Drug test tampering

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.

(In Senate Public Safety Committee)

AB 191 (Bates-R) Elder and dependent abuse

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

(In Assembly Public Safety Committee)

AB 225 (Washington-D) Psychotropic drugs: dependent children

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.

(In Assembly Health Committee)

AB 245 (Wyland-R) Identity theft

Eliminates the requirement that an identity theft perpetrator obtained the victim's identifying information without authorization.

Chapter 478, Statutes of 2001

AB 255 (Zettel-R) Elder and dependent adult abuse

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.

(On Senate Inactive File)

AB 299 (Rod Pacheco-R) Criminal jurisdiction

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.

(In Assembly Public Safety Committee)

AB 300 (Simitian-D) Criminal law: imprisonment

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.

(In Assembly Appropriations Committee)

AB 501 (Runner-R) Internet: minors

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.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 517 (Richman-R) Sentencing

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.

(In Assembly Appropriations Committee)

AB 530 (Reyes-D) Crime prevention

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.

Chapter 845, Statutes of 2001

AB 580 (La Suer-R) Assault: peace officers

Doubles current penalties for assaults with a gun or a deadly weapon upon peace officers or firefighters.

(In Assembly Appropriations Committee)

AB 653 (Horton-D) Crime: minors: schools

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.

Chapter 484, Statutes of 2001

AB 673 (Migden-D) Forensic identification

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.

Chapter 906, Statutes of 2001

AB 675 (Migden-D) Compassionate release of terminally ill inmates

Makes substantive and procedural changes to the California Department of Corrections' Compassionate Release Process in order to improve and expedite the process, as specified.

Vetoed by the Governor

AB 1005 (Dutra-D) Murder and manslaughter

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.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

AB 1012 (Corbett-D) Felony child pornography: punishment

Allows enhanced punishment for a person convicted of a child pornography offense where the person has a prior conviction for sex crimes involving children.

Chapter 559, Statutes of 2001

AB 1016 (Oropeza-D) Bail

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.

(In Assembly Public Safety Committee)

AB 1111 (Simitian-D) Elder and dependent adult financial abuse protection program

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.

Vetoed by the Governor

AB 1155 (Dutra-D) Identity theft

Creates a new felony offense for any government employee who knowingly gives a false driver's license or identification card.

(In Senate Public Safety Committee)

AB 1193 (Steinberg-D) Insurers: hate crimes: cancellation

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.

Chapter 253, Statutes of 2001

AB 1211 (La Suer-R) High technology crimes: probation

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.

(In Assembly Appropriations Committee)

AB 1312 (Nakano-D) The Asian Pacific Islander Anti-Hate Crimes Program

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.

Chapter 566, Statutes of 2001

AB 1614 (Washington-D) Crime prevention: drug endangered children

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.

Chapter 853, Statutes of 2001

AB 1652 (Goldberg-D) Sentencing

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.

(On Assembly Inactive File)

AB 1709* (Migden-D) Animals: mischievous: great bodily injury

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.

Chapter 257, Statutes of 2001

TopIndex Procedural

SB 378 (Alarcon-D) Criminal procedure

Requires defendants to pay the costs of supervision by the probation department while in a deferred entry of judgment program.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

SB 716 (Machado-D) Evidence: psychotherapist-patient privileged communications

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.

Chapter 142, Statutes of 2001

SB 1151 (Margett-R) Child custody: stays on enforcement of orders

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.

Chapter 48, Statutes of 2001

AB 74 (Washington-D) Criminal procedure

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.

(In Assembly Public Safety Committee)

AB 77 (Havice-D) Criminal proceedings: persons with disabilities

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.

Chapter 62, Statutes of 2001

AB 78 (Alquist-D) Statute of limitations: child molestation

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.

Chapter 235, Statutes of 2001

AB 223 (Frommer-D) Evidence: depositions: forms: discovery

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.

Chapter 812, Statutes of 2001

AB 329 (Jackson-D) Court proceeding

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.

(In Assembly Judiciary Committee)

AB 477 (Cohn-D) Criminal procedure

Requires persons accused of misdemeanor domestic violence-related offenses to be present for arraignment and sentencing.

Chapter 82, Statutes of 2001

AB 957 (Papan-D) Evidence: admissibility

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.

(In Assembly Judiciary Committee)

AB 1304 (Rod Pacheco-R) Criminal procedure.

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.

Chapter 231, Statutes of 2001

AB 1590 (Simitian-D) Criminal procedure

Provides for the exclusion and separation of potential and actual witnesses during a hearing on a motion to suppress evidence.

(On Assembly Inactive File)

TopIndex Juries

SB 303 (Torlakson-D) Juries: San Francisco Bay Area Rapid Transit District Police

Exempts San Francisco Bay Area Rapid Transit District police from jury duty in civil and criminal matters.

Chapter 55, Statutes of 2001

SB 552 (Figueroa-D) Juror confidentiality

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.

(In Senate Public Safety Committee)

AB 1161 (Papan-D) Grand jurors: compensation

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.

Chapter 218, Statutes of 2001

AB 1660 (Negrete McLeod-D) Jury service: pollworkers

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.

(In Assembly Judiciary Committee)

TopIndex Juvenile Justice

SB 314* (Alpert-D) Juvenile justice: statistical data

Requires the State Department of Justice to collect statistical data concerning minors who are handled in criminal courts, as specified.

Chapter 468, Statutes of 2001 - Item Veto

SB 574 (Polanco-D) Bond acts: juvenile facilities

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.

(In Assembly Appropriations Committee)

SB 659 (Poochigian-R) Juvenile courts: imprisonment

Authorizes juvenile courts to commit 18 year-old delinquent wards to jail for not more than one year, as specified.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

SB 940 (Senate Judiciary Committee) Disclosure of information regarding juveniles

Makes numerous substantial changes in several areas of juvenile court law.

Chapter 830, Statutes of 2001

SB 1059 (Perata-D) Mentally ill offenders

Establishes the Council on Mentally Ill Offenders within the Youth and Adult Correctional Agency, as specified.

Chapter 860, Statutes of 2001 - Item Veto

AB 701 (Dickerson-R) Juveniles: booking and fingerprinting

Authorizes the photographing and fingerprinting of minors taken into temporary custody for a felony.

Chapter 334, Statutes of 2001

AB 705 (Steinberg-D) Dependent children: siblings

Follows up on recently enacted legislation that highlight the value of maintaining relationships between a dependent child and his/her siblings.

Chapter 747, Statutes of 2001

AB 846 (Strickland-R) Youth Authority: commitment

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.

(In Assembly Appropriations Committee)

AB 853 (Liu-D) Dependent children: visitation

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.

(In Assembly Judiciary Committee)

AB 932 (Migden-D) Juveniles

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.

Vetoed by the Governor

AB 1129 (Liu-D) Juvenile court proceedings

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.

Chapter 713, Statutes of 2001

AB 1399 (Cardenas-D) Crime prevention: juvenile repeat offender program

Appropriates $20 million from the General Fund to the Board of Corrections for continuing and expanding the juvenile "Repeat Offender Prevention Project."

(In Assembly Appropriations Committee)

AB 1468 (Briggs-R) City and county adult and juvenile detention facilities

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.

(In Assembly Appropriations Committee)

AB 1536 (Cardenas-D) Truancy

Creates the Truancy Court Pilot Project in Los Angeles, as specified.

Vetoed by the Governor

AB 1697 (Assembly Judiciary Committee) Judicial proceedings

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.)

Chapter 754, Statutes of 2001

TopIndex Corrections

SB 39 (Poochigian-R) City and county adult detention facilities

Requires, 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.

(In Assembly Appropriations Committee)

SB 118 (Poochigian-R) Drug treatment

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.

(In Senate Public Safety Committee)

SB 156 (Haynes-R) Correctional personnel: training standards

Requires that the basic standards of training for correctional personnel include basic, entry, continuation, supervisory, management, and specified assignments.

(In Senate Public Safety Committee)

SB 206 (Vincent-D) Corrections: appointment of wardens

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.

(In Senate Public Safety Committee)

SB 223* (Burton-D) Drug testing

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.

Chapter 721, Statutes of 2001 - Item Veto

SB 228 (Machado-D) County adult detention facilities

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.

(In Senate Appropriations Committee)

SB 330 (Morrow-R) Interstate Compact for the Supervision of Adult Offenders

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.

(In Assembly Appropriations Committee)

SB 395 (Perata-D) Mentally disordered prisoners

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.

(In Senate Public Safety Committee)

SB 396 (Kuehl-D) Corrections: medical services

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.

Vetoed by the Governor

SB 404 (Polanco-D) Prisons: inmate education

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.

Vetoed by the Governor

SB 563 (Morrow-R) Dept. of Corrections: rulemaking procedures

Makes specified changes recommended by the California Law Revision Commission in the emergency rulemaking authority of the State Department of Corrections.

Chapter 141, Statutes of 2001

SB 643 (Ortiz-D) Mental Health Enhancement and Crime Prevention Act

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.

(In Assembly Appropriations Committee)

SB 663 (Vasconcellos-D) Probation officer training: self-esteem

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.

Vetoed by the Governor

SB 700 (Karnette-D) Female inmates: family visitation

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.

Vetoed by the Governor

SB 768 (McPherson-R) Prisons

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.

Chapter 476, Statutes of 2001

SB 778* (Burton-D) Board of Prison Terms

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.

Chapter 131, Statutes of 2001

SB 890 (McPherson-R) Peace officers: correctional counselors

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).

Chapter 119, Statutes of 2001

SB 918* (Ortiz-D) Drug treatment

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.

In Senate Public Safety Committee

SB 1059 (Perata-D) Mentally ill offenders

Establishes the Council on Mentally Ill Offenders within the State Youth and Adult Correctional Agency.

Chapter 860, Statutes of 2001 - Item Veto

SB 1217 (Romero-D) Prisons

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.

(In Senate Public Safety Committee)

AB 97 (Zettel-R) Mentally disordered offenders

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.

(In Assembly Appropriations Committee)

AB 153 (Nakano-D) Board of Corrections: membership

Increases the State Board of Corrections by two additional members who represent rank and file members from local correctional facilities.

Chapter 930, Statutes of 2001

AB 346 (Migden-D) Dept. of Corrections and Youth and Adult Correctional Agency

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.

Vetoed by the Governor

AB 596 (Negrete McLeod-D) Public health: hepatitis C

Requires the State Department of Corrections to determine whether an inmate who tests positive for hepatitis C is eligible for veterans' health benefits.

(In Assembly Public Safety Committee)

AB 1073 (Wesson-D) Adult education in correctional facilities

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.

Vetoed by the Governor

AB 1149 (Florez-D) State prisons: confidentiality of personnel information

Enacts protections, as specified, for personal information of employees in state prisons maintained by the State Department of Corrections.

Vetoed by the Governor

AB 1373 (Wyman-R) Department of Corrections: database

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.

(In Assembly Public Safety Committee)

AB 1450 (Cardenas-D) Global positioning systems: parolees

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.

(In Senate Appropriations Committee)

AB 1468 (Briggs-R) Local facilities

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.

(In Assembly Appropriations Committee)

AB 1524 (Florez-D) Inmate and medical records

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.

(In Senate Appropriations Committee)

AB 1570 (Pavley-D) Domestic violence: mandatory batterer's programs

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.

Chapter 568, Statutes of 2001

AB 1610 (Wright-D) Voting by prisoners

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.

(In Assembly Elections, Reapportionment and Constitutional Amendments Committee)

AJR 12 (Firebaugh-D) Incarceration: undocumented alien felons

Urges the federal government to take custody of over 20,000 undocumented alien felons.

Resolution Chapter 108, Statutes of 2001

TopIndex Victims' Rights

SB 125 (Alpert-D) Identity Theft Resource Center

Allows 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.

Chapter 493, Statutes of 2001

SB 222 (Torlakson-D) Identity theft

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.

(In Assembly Appropriations Committee)

SB 294 (Scott-D) Fees: victims programs

Requires the California Victim Compensation and Government Claims Board to establish up to five Victim Recovery, Resource and Treatment Programs.

Chapter 138, Statutes of 2001

SB 551* (Machado-D) Victims Compensation Fund: Sept. 11, 2001 terrorist attacks

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.

Chapter 346, Statutes of 2001

AB 216 (Matthews-D) Victims' rights: notification

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.

(In Assembly Appropriations Committee)

AB 409 (Correa-D) Victims of crime: filing extension

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.

Chapter 552, Statutes of 2001

AB 965 (Mountjoy-R) Highways: victim signs

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.

Chapter 864, Statutes of 2001

AB 1003 (Frommer-D) Criminal restitution.

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.

Chapter 200, Statutes of 2001

AB 1017 (Jackson-D) Victims of Crime Program

Makes a number of changes to the eligibility and reimbursement provisions of the Victims of Crime Program.

Chapter 712, Statutes of 2001

AB 1019 (Corbett-D) Victims of sexual assault and domestic violence

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).

Chapter 419, Statutes of 2001

AB 1317 (Liu-D) Identifying information

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.

(In Assembly Public Safety Committee)

AB 1497 (Negrete McLeod-D) County-based child victim forensic evidentiary interviews

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.

Vetoed by the Governor

ACR 8 (Havice-D) Crime Victims' Rights Week

Recognizes the week of April 23 through 27, 2001, as Crime Victims' Rights Week in California.

Resolution Chapter 22, Statutes of 2001

ACR 48 (La Suer-R) National Crime Victims' Rights Week

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.

(In Senate Rules Committee)

TopIndex Weapons

SB 8 (Peace-D) Firearms

Makes 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.

(In Assembly Appropriations Committee)

SB 9 (Soto-D) Criminal storage of firearms

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.

Chapter 126, Statutes of 2001

SB 52 (Scott-D) Firearms: handgun safety certificate

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.

Chapter 942, Statutes of 2001

SB 96 (Johannessen-R) Off-duty and retired officers

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.

(Failed passage in Senate Public Safety Committee; reconsideration granted)

SB 274 (Karnette-D) Switchblade knives

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."

Chapter 128, Statutes of 2001

SB 294 (Scott-D) Firearm dealers: fees

Increases the fees for firearm dealer inspections by the State Department of Justice (DOJ), from $85 to $115.

Chapter 138, Statutes of 2001

SB 331 (Morrow-R) Weapons: tear gas

Changes the current prohibition on tear gas weapons that expel a projectile to permit possession and use of such weapons, as specified.

(Held under submission in Assembly Appropriations Committee)

SB 485 (Senate Public Safety Committee) Public safety

Makes technical changes and corrections to specified Penal and Vehicle Code provisions.

Chapter 473, Statutes of 2001

SB 510 (Scott-D) Chamber load indicators

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.

(On Assembly Inactive File)

SB 560 (Morrow-R) California Project Exile Pilot Program

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.

(Failed passage in Senate Public Safety Committee)

Similar to AB 1215 (Ashburn-R), which is in Assembly Appropriations Committee.

SB 578 (Figueroa-D) Weapons: flechette darts

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.

Chapter 130, Statutes of 2001

SB 626 (Perata-D) Large-capacity ammunition magazines and assault weapons

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.

Chapter 937, Statutes of 2001

SB 652 (Torlakson-D) Firearms: plea bargaining

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.

(In Assembly Appropriations Committee)

SB 682 (Perata-D) Firearms: liability for manufacture or sale

Clarifies the code section providing limited statutory protection from liability for manufacturers and sellers of firearms and ammunition.

(In Assembly Judiciary Committee)

SB 836 (Scott-D) Firearms

Defines "handgun" to mean a pistol, revolver, or firearm capable of being concealed upon the person.

(In Senate Public Safety Committee)

SB 950 (Brulte-R) Firearms database: cross referencing

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).

Chapter 610, Statutes of 2001

SB 1047 (Poochigian-R) Carrying loaded firearms in public: punishment

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.

(In Senate Public Safety Committee)

SB 1060 (Knight-R) Enhancements: use of a firearm

Prohibits the court from certain acts when sentencing an individual for a crime in which the perpetrator discharged a firearm.

(In Senate Public Safety Committee)

AB 22 (Lowenthal-D) Local licenses to sell firearms

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.

(On Senate Inactive File)

AB 35 (Shelley-D) Handgun safety certificate

Creates a handgun safety certificate system in California, administered by the State Department of Justice, effective January 1, 2003, as specified.

Chapter 940, Statutes of 2001

AB 126* (Firebaugh-D) Crime prevention: DISARM program

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.

(In Assembly Appropriations Committee)

AB 217* (Wesson-D) Imitation firearms

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.

(Held at Senate Desk)

AB 324 (Corbett-D) Firearms dealers

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.

(In Assembly Appropriations Committee)

AB 496 (Koretz-D) Firearms

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.

(In Senate Judiciary Committee)

AB 566 (Koretz-D) Assault weapons buyback

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.

(In Assembly Appropriations Committee)

AB 669 (Hertzberg-D) Firearms: ballistics identification systems study

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.

(On Senate Inactive File)

AB 851 (Briggs-R) Firearms: unsafe handguns

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.

(Failed passage in Assembly Public Safety Committee; reconsideration granted)

AB 1188 (Briggs-R) Firearms

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.

(In Assembly Appropriations Committee)

AB 1215 (Ashburn-R) California Project Exile Pilot Program of 2001

Appropriates $10 million from the General Fund to establish "Project Exile" to investigate and prosecute persons who illegally possess or use guns.

(In Assembly Appropriations Committee)

Similar to SB 560 (Morrow-R), which failed passage in the Senate Public Safety Committee.

AB 1219 (Frommer-D) Firearms: safety mechanisms

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.

(In Senate Public Safety Committee)

TopIndex Legal Professions

SB 139 (Haynes-R) Attorneys

Requires 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).

(Failed passage in Senate Judiciary Committee)

SB 352 (Kuehl-D) State Bar of California: dues

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.

Chapter 24, Statutes of 2001

SB 479 (Burton-D) Attorneys: diversion and assistance

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.

Chapter 129, Statutes of 2001

SB 817 (Johnson-R) Attorneys: State Bar

Makes various changes with respect to the general bar examination and the Attorneys Examination.

Chapter 46, Statutes of 2001

SB 846* (Ackerman-R) Tax credits: attorneys

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.

(In Senate Revenue and Taxation Committee)

SB 1160 (Polanco-D) State attorneys and administrative law judges: compensation

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.

Vetoed by the Governor

SB 1218 (Romero-D) Class actions: unpaid residuals

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.

Chapter 96, Statutes of 2001

AB 146 (Wayne-D) State attorneys and administrative law judges

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.)

Chapter 411, Statutes of 2001

AB 363 (Steinberg-D) Attorneys

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.

(In Senate Judiciary Committee)

AB 752 (Briggs-R) Legal advertising

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.

(In Assembly Judiciary Committee)

AB 913 (Steinberg-D) Pro bono services

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.

Chapter 880, Statutes of 2001

AB 982 (Firebaugh-D) Law schools

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.

(In Senate Judiciary Committee)

AB 1037 (Firebaugh-D) State attorneys: compensation

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.

(In Assembly Public Employees, Retirement and Social Security Committee)

AB 1083 (Bates-R) Paralegals: certification

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.

Chapter 311, Statutes of 2001

AB 1504 (Robert Pacheco-R) Attorneys' fees: early demand

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.

(In Assembly Judiciary Committee)

TopIndex Courts and Judges

SB 26* (Figueroa-D) Court Reporters Board

Requires 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.

Chapter 615, Statutes of 2001

SB 82 (Burton-D) Judicial salaries

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.

(In Senate Judiciary Committee)

SB 110 (Ackerman-R) Small claims court

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.

(In Assembly Judiciary Committee)

SB 128 (Burton-D) Trial court: employees

Adds the following two provisions to the Trial Court Employment Protection and Governance Act:

  1. Restricts agency shop elections to no more than once a year for each bargaining unit, and requires the elections to be conducted by the Division of Conciliation of the State Department of Industrial Relations, if the parties fail to select a neutral entity to conduct the election within ten days of the election petition. Provides that, in the event of an agency fee arrangement in effect on January 1, 2002, the recognized employee organization will be required to hold the court harmless, as specified.
  2. Establishes a procedure for the release of budget and management information by the trial court and the Judicial Council, including a hearing and appeal process.
Chapter 270, Statutes of 2001

SB 371 (Escutia-D) Courts: interpreters

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.

(Held at Assembly Desk)

SB 475 (Escutia-D) Dispute resolution: referees and arbitrators

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.

Chapter 362, Statutes of 2001

SB 623* (Escutia-D) Court facilities

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.

(In Senate Appropriations Committee)

SB 742* (Escutia-D) Fiscal affairs

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.

Chapter 118, Statutes of 2001

SB 805 (McPherson-R) Court reporters: depositions

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.

(In Assembly Judiciary Committee)

SB 852 (Figueroa-D) Court reporters

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.

Chapter 616, Statutes of 2001

SB 927 (Escutia-D) Domestic violence: court interpreters

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.

(In Senate Appropriations Committee)

SB 1094 (Alarcon-D) Private judges

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.

(In Senate Judiciary Committee)

SB 1112 (Polanco-D) Court holidays

Adds Cesar Chavez Day as a court holiday.

Chapter 542, Statutes of 2001

SB 1179 (Senate Public Employment And Retirement Committee) Judges' Retirement Fund

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.

(In Senate Appropriations Committee)

SCR 36 (Burton-D) Stanley Mosk Library and Courts Building

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.

Resolution Chapter 81, Statutes of 2001

AB 146 (Wayne-D) State attorneys and administrative law judges: service

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.)

Chapter 411, Statutes of 2001

AB 223 (Frommer-D) Evidence: depositions: forms: discovery

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.

Chapter 812, Statutes of 2001

AB 329 (Jackson-D) Court proceeding: disqualification of judges

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.

(In Assembly Judiciary Committee)

AB 785 (Bates-R) Commercial courts: pilot project

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.

(In Assembly Judiciary Committee)

AB 1006 (Jackson-D) Courts: Ventura County

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.

Chapter 432, Statutes of 2001

AB 1099 (Havice-D) Judges' retirement: benefits

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.

Chapter 433, Statutes of 2001

AB 1536 (Cardenas-D) Juvenile justice: truancy

Creates the Truancy Court Pilot Project in Los Angeles, as specified.

Vetoed by the Governor

AB 1549* (Wiggins-D) Court facilities

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.

Chapter 852, Statutes of 2001

AB 1571 (Shelley-D) Court employees: Supreme Court and courts of appeal

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.

(In Assembly Judiciary Committee)

AB 1700 (Assembly Judiciary Committee) Courts

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.

Chapter 824, Statutes of 2001

TopIndex Law Enforcement

SB 27 (Brulte-R) Technology grants for public safety

Provides 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.

(In Assembly Local Government Committee)

SB 89 (Brulte-R) Peace officers: reserve district attorney investigators

Authorizes, in the County of San Bernardino, the deputizing of reserve district attorney investigators as peace officers. Authorizes a re