Crimes.
Summary
(1) Existing law provides that anyone who is convicted of a felony violation of specified crimes who is employed by a department, board, or authority within the Department of Corrections and Rehabilitation shall be terminated in accordance with the State Civil Service Act. Existing law also provides that anyone who has been convicted of a felony violation of specified crimes shall not be eligible to be hired or reinstated by a department, board, or authority within the department. This bill would make technical, nonsubstantive changes to this provision. (2) Except as specified, when a public offense is committed in part in one jurisdictional territory and in part in another, jurisdictional territory or the acts or effects thereof constituting or requisite to the consummation of the offense occur in 2 or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory. This bill would make technical, nonsubstantive changes to that provision. (3) Existing law requires that if a person is granted probation for a crime in which the victim is a specified person, the terms of probation must include, but are not limited to, a minimum period of probation of 36 months, which may include a period of summary probation as appropriate, and successful completion of a batterer's program, as defined, or if none is available, another appropriate counseling program designated by the court, as specified. Existing law requires the court or the probation department to refer defendants only to batterer's programs that follow specified standards, which may include, but are not limited to, lectures, classes, group discussions, and counseling. Existing law confers upon the probation department sole authority to approve a batterer's program for probation, and the program must obtain only one approval but must renew that approval annually. Existing law makes an act or omission relating to the approval of a batterer's treatment program a discretionary act. This bill would make a technical, nonsubstantive change to the latter provision. (4) Existing law permits a specified person, upon reaching 18 years of age and by reason of the commission of a specified offense, to petition the court to have his or her record sealed, except that, as pertaining to any records regarding the commission of a specified offense, it is not a requirement in granting the petition for the person to show that he or she has not been convicted of a felony or of any misdemeanor involving moral turpitude, or that rehabilitation has been attained to the satisfaction of the court. Existing law requires that upon granting the petition, all records relating to specified violations be sealed. Existing law makes this relief inapplicable to a person convicted of specified offenses. This bill would make technical, nonsubstantive changes to these provisions. (5) Existing law requires the Director of Finance to, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Administrative Office of the Courts, after the conclusion of each calendar year to make specified calculations for that calendar year. Under existing law, these calculations include, but are not limited to, the cost to the state to incarcerate in prison and supervise on parole a probationer sent to prison, and the statewide probation to prison rate, as specified. This bill would make a technical, nonsubstantive change to the latter provision. (6) Existing law permits the surety insurer, the bail agent, the surety, or the depositor to file a motion, based upon good cause, for an order to extend the 180-day period following forfeiture of the undertaking of bail or the money or property deposited as bail, as specified. Existing law permits the court, upon a hearing and a showing of good cause, to order the period extended to a time not exceeding 180 days from its order. Existing law permits a motion to be filed and calendared, as specified. This bill would make a technical, nonsubstantive change to the latter provision. (7) Existing law requires that in all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, all specified days of custody of the defendant be credited upon his or her term of imprisonment, or credited to any fine on a proportional basis, including, but not limited to, base fines and restitution fines, which may be imposed, at the rate of not less than $30 per day, or more, in the discretion of the court imposing the sentence. Existing law requires that in any case where the court has imposed both a prison or jail term and a fine, any days to be credited to the defendant first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, be applied to the fine, including, but not limited to, a base fine and a restitution fine, on a proportional basis. This bill would delete restitution fines from the preceding provisions, thereby prohibiting a defendant from applying any credit earned for spending specified days in custody, jail, or prison toward restitution fines. (8) Existing law requires any city, county, city and county, or district that desires to receive specified state aid to make application to the Commission on Peace Officer Standards and Training for the aid. That aid is paid out of the Peace Officers' Training Fund, a continuously appropriated fund. Under existing law, the public agencies comprising a joint powers agency may jointly exercise any power common to the public agencies. This bill would specify that any joint powers agency that desires to receive specified state aid also make application to the commission for the aid. The bill would clarify that a joint powers agency may be paid directly from the fund, and the bill would also make conforming changes to those provisions. (9) Existing law permits the court, in all cases in which a minor is adjudged a ward or dependent child of the court, to limit the control to be exercised over the ward or dependent child by any parent or guardian. Existing law requires the court to, in its order, clearly and specifically set forth all those limitations, but prohibits a ward or dependent child from being taken from the physical custody of a parent or guardian, unless upon the hearing the court finds one of specified facts, including, that the minor has been tried on probation while in custody but has failed to reform. Existing law also requires that whenever the court specifically limits the right of the parent or guardian to make educational or developmental services decisions for the minor, that the court at the same time appoint a responsible adult to make educational or developmental services decisions for the child until one of specified events occurs, including, but not limited to, if the minor reaches 18 years of age, except as specified, or is deemed by the court to be incompetent. This bill would make technical, nonsubstantive changes to the latter provision. (10) This bill would provide that any section of any act enacted by the Legislature during the 2013 calendar year that takes effect on or before January 1, 2014, and affects any section of this act, would prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2013
Committee Review
Jun 2013
Senate Passage
May 2013
Assembly Passage
Jun 2013
Signed into Law
Jul 2013
Introduced Feb 21, 2013
Signed Jul 3, 2013
Floor votes · Senate May 20, 2013 · Assembly Jun 24, 2013
How they voted
32–0
Passed · 3 other
Total votes 35
May 20, 2013
D
Democratic26
88% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
19
Key actions
6
Committee
5
Jul 3, 2013
Signed into law
Approved by the Governor.
legislature
Jun 24, 2013
Assembly · Passed
Assembly Vote: pass (62-0-2)
assembly
Jun 18, 2013
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 6. Noes 0.) (June 18).
lower
Jun 3, 2013
Committee
Referred to Com. on PUB. S.
lower
May 20, 2013
Senate · Passed
Senate Vote: pass (32-0-3)
senate
May 1, 2013
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 757.) (April 30).
upper
Apr 23, 2013
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Mar 11, 2013
Committee
Referred to Com. on PUB. S.
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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