Existing law requires the Director of Forestry and Fire Protection to establish a statewide program to allow certain entities, including counties and other political subdivisions of the state, that have completed a specified training program, to support and augment the Department of Forestry and Fire Protection in its defensible space and home hardening assessment and education efforts. Existing law requires the director to establish a common reporting platform that allows defensible space and home hardening assessment data, collected by the qualified entities, to be reported to the department. Existing law requires the department to establish a local assistance grant program for fire prevention and home hardening education activities and provides that local agencies, among others, are eligible for these grants. Existing law describes eligible activities under the local assistance grant program as including, among other activities, development and implementation of public education and outreach programs. This bill would authorize those public education and outreach programs to include new technologies and game elements to enhance and accelerate the education of property owners. Existing law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires a local agency to designate, by ordinance, the State Fire Marshal's moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, and authorizes a local agency, at its discretion, to include additional areas within the jurisdiction of the local agency as moderate, high, and very high fire hazard severity zones. This bill would require the department, when reviewing applications for the local assistance grant program, to give priority to any local governmental entity that is qualified to perform defensible space assessments in very high and high fire hazard severity zones and that reports that information using the common reporting platform, as provided. Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material to maintain defensible space of 100 feet from each side of the structure, with more intense fuel reductions between 5 and 30 feet around the structure and an ember-resistant zone required within 5 feet of the structure, based on regulations adopted by the State Board of Forestry and Fire Protection. Existing law requires fuels to be maintained and spaced in a condition so that a wildfire, burning under average weather conditions, would be unlikely to ignite the structure. Existing law provides that the requirement for an ember-resistant zone shall take effect for existing structures one year after the effective date for new structures. A violation of these requirements is a crime. Existing law requires the board to classify state responsibility areas, defined by reference to certain conditions of forest and vegetation cover and excluding municipal and federal areas, where preventing and suppressing fires is the state's financial responsibility. This bill would instead, without reference to weather conditions, require fuels to be maintained and spaced in a condition so that a wildfire would be unlikely to ignite the structure. The bill would require a person who owns, leases, controls, operates, or maintains a building or structure in the state responsibility area, regardless of location or forest and vegetation cover, to maintain defensible space of 100 feet from each side. The bill would authorize regulations to alter the fuel reduction required between 5 and 30 feet to integrate the ember-resistant zone, and would provide that the requirement for the ember-resistant zone shall instead take effect for existing structures 3 years after the effective date for new structures, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would also make conforming changes with respect to a person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure that is within a very high fire hazard severity zone designated by a local agency. This bill would incorporate additional changes to Section 4124.5 of the Public Resources Code proposed by SB 675 to be operative only if this bill and SB 675 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, in any civil action that contains allegations of sexual harassment, sexual assault, or sexual battery, opinion evidence, reputation evidence, and evidence of specific instances of a plaintiff's sexual conduct with someone other than the alleged perpetrator, is not admissible by the defendant in order to prove consent by the plaintiff or the absence of injury to the plaintiff. This bill would also make the specified types of evidence inadmissible in such civil actions when being used to attack the credibility of the plaintiff's testimony on consent or absence of injury. Under existing law, in any sexual battery civil action involving a minor and an adult who is in a position of authority, as specified, evidence of the plaintiff minor's sexual conduct with the defendant adult is not admissible to prove consent by the plaintiff or the absence of injury to the plaintiff. Existing law authorizes evidence of the minor plaintiff's sexual conduct to be introduced only to attack the credibility of the plaintiff or to prove something other than consent by the plaintiff if, upon a hearing of the court out of the presence of the jury, the defendant proves that the probative value of that evidence outweighs the prejudice to the plaintiff, as specified. This bill would remove the requirement, in cases involving a minor and an adult who is in a position of authority, that prior to the introduction of specified types of evidence, a court hold a hearing out of the presence of the jury, where the defendant bears the burden to prove that the probative value of the evidence outweighs the prejudice. The introduction of evidence relating to the sexual conduct of the minor in such cases would be evaluated under procedures already in place under existing law.
Existing law authorizes a court to resentence a defendant under specified circumstances, including, among others, when the person was convicted of specified crimes that have since been repealed or had their sentences reduced. This bill would require the presiding judge of each county superior court to, on or before March 1, 2025, convene a meeting to develop a plan for fair and efficient handling of postconviction proceedings, as specified. The bill would require the presiding judge to invite to the meeting, among others, a representative from the district attorney, the public defender, and other entities that the presiding judge deems necessary in order to ensure timely and efficient postconviction proceedings. The bill would require postconviction proceedings, among other things, to include a consideration of whether or not to appoint counsel to represent the defendant and to allow the court to modify every aspect of the defendant's sentence, including if it was imposed after a guilty plea, except as specified. By imposing additional duties on county public defenders, this bill would impose a state-mandated local program. This bill would require, upon request from the defendant, the district attorney of the county in which the defendant was sentenced, or the Attorney General if the Department of Justice originally prosecuted the case, the Department of Corrections and Rehabilitation to provide to the requesting party specified records, including disciplinary records, as specified. The bill would require the department to designate a person for each prison as a point of contact for records, transportation, or inquiries pursuant to these provisions. The bill would require the department to regularly maintain a public directory of each designated person. Existing law, when a probationary order or a judgment has been pronounced, requires that a copy of that order or judgment be sent to the officer whose duty it is to execute the order or judgment, as specified. This bill would, when a person has been resentenced and there is a reasonable basis to believe the remaining time in custody is less than 30 days, require that copy to be furnished to the executing officer within 24 hours. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for the licensure and regulation of health facilities and clinics, including primary care clinics, by the State Department of Public Health. A violation of these provisions is generally a crime. Existing law requires an adult patient receiving primary care services in certain health care settings to be offered a screening test for hepatitis B and hepatitis C, as specified. This bill would require a patient who is 18 years of age or older receiving health care services in a facility, clinic, center, office, or other setting, where primary care services are provided, to be offered tuberculosis screening, if tuberculosis risk factors are identified, to the extent these services are covered under the patient's health care coverage, except as specified. The bill would also require the health care provider to offer the patient followup health care or refer the patient to a health care provider who can provide followup health care if a screening test is positive. The bill would prohibit a health care provider that fails to comply with these provisions from being subject to any disciplinary action related to their licensure or certification, or to any civil or criminal liability, for that failure. The bill would make related findings and declarations. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services through managed care or fee-for-service delivery systems. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the department to adopt an option made available under federal Medicaid law to pay allowable tuberculosis-related services for persons infected with tuberculosis, as specified. This bill would require a Medi-Cal managed care plan to ensure access to care for latent tuberculosis infection and active tuberculosis disease and coordination with local health department tuberculosis control programs for plan enrollees with active tuberculosis disease, as specified.
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, for purposes of spending time with a member of the pupil's immediate family who is an active duty member of the uniformed services, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position, as specified. This bill would remove the requirement that the deployment be to a combat zone or combat support position, thereby expanding the scope of that excused absence to encompass all deployments. The bill also would make nonsubstantive changes. To the extent the bill would impose additional duties on school officials, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 48205 of the Education Code proposed by SB 1138 and AB 2499 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Existing law requires an awarding body, as part of a labor compliance program, to withhold contract payments when, among other things, payroll records are delinquent or inadequate. Existing law requires an awarding body, as specified, to provide notice of withholding of contract payments to the contractor or subcontractor. Existing law requires the notice to be in writing, and describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. This bill would require a private labor compliance entity, prior to withholding funds for an alleged violation, to confer with the negotiating parties to review relevant public works law, and would prohibit the entity from withholding an amount that exceeds the alleged underpayments and penalty assessments. The bill would require a private labor compliance entity seeking to withhold funds to provide a venue for a public works contractor or subcontractor to review and respond to evidence of alleged violations, as specified. This bill would also provide that a violation of the conflict of interest provisions by a private labor compliance entity, as defined, would void a contract between the parties and subject the entity to specified civil fines and fees. The bill would require a private labor compliance entity to submit a signed declaration under penalty of perjury verifying that it has no conflicts of interest, as specified. By requiring private labor compliance entities to declare under penalty of perjury that they have no conflicts of interest, the bill would expand the crime of perjury and impose a state-mandated local program. Existing law authorizes a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 to bring an action against an employer who fails to pay the prevailing wage, or who fails to provide payroll records, as specified. This bill would authorize, among others, a joint labor-management committee to initiate a private right of action against certain entities, when the court is required to award reasonable attorney's fees and costs, as specified. This bill would exempt certain awarding bodies operating labor compliance programs that are approved and monitored by the Department of Industrial Relations from the above-described provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits the production, development, duplication, distribution, or possession, as specified, of matter, in specified formats, that depicts a person under 18 years of age engaging in or simulating sexual conduct, as defined. Existing law separately prohibits this conduct where it is done for consideration or where such matter is shared with a minor. Existing law also prohibits the employment or use of a minor, or the permitting by a parent or guardian of the employment or use of a minor for the production of such matter. Existing law authorizes the forfeiture and destruction of such matter regardless of whether a conviction is sought or obtained. This bill would expand the scope of certain of these provisions to include matter that is digitally altered or generated by the use of artificial intelligence, as such matter is defined. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would become operative only if AB 1831 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2025.
Existing law prohibits the production, development, duplication, distribution, or possession, as specified, of matter, in specified formats, that depicts a person under 18 years of age engaging in or simulating sexual conduct, as defined. Existing law separately prohibits this conduct where it is done for consideration or where such matter is shared with a minor. Existing law provides an enhanced punishment when these offenses are committed using government property. This bill would expand the scope of certain of these provisions to include matter that is digitally altered or generated by the use of artificial intelligence, as such matter is defined. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would become operative only if SB 1381 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2025.
Existing law establishes the California Community Colleges, the California State University, and the University of California as the 3 public segments of postsecondary education in the state. The missions and functions of these segments are set forth in the Donahoe Higher Education Act. Existing law requires each campus of the California State University and the California Community Colleges, and requests each campus of the University of California, to host on its internet website a student parent internet web page that contains information that clearly lists all on- and off-campus student parent services and resources, as specified, including, among other student parent services and resources, information on the California Earned Income Tax Credit and the Young Child Tax Credit. This bill would require the information on student parent internet web pages to include additional information on student parent services and resources, including several other federal and state tax credits, state and federal financial aid applications and programs, and the California Work Opportunity and Responsibility to Kids program. The bill would require each campus of the California Community Colleges and the California State University, and would request each campus of the University of California to, on or before the start of the 2026–27 academic year, (1) implement a policy developed by the respective systemwide chancellor or president for estimating and adjusting cost of attendance information for student parents, as specified, (2) enter student parent data for specified uses into the respective systemwide data management information system, as revised to accommodate this data by the systemwide chancellor or president pursuant to the bill, and (3) update its campus net price calculator to include a baseline student parent cost estimate, as specified. By imposing new duties on community college districts, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits several forms of sexual battery, including, among others, the touching of an intimate part of another person, if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse. Existing law also defines sexual battery as causing another person, against that person's will while that person is unlawfully restrained by the accused or an accomplice, to touch an intimate part of either of those persons or a 3rd person for the purpose of sexual arousal, sexual gratification, or sexual abuse. Under existing law, sexual battery is punishable as a misdemeanor or a felony. This bill would make it a misdemeanor for a person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person's will, to masturbate or touch an intimate part of either of those persons or a 3rd person. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law licenses and regulates tissue banks and generally makes a violation of the requirements applicable to tissue banks a crime. This bill would specify that a general acute care hospital is not required to have a license to operate a tissue bank to store or distribute pasteurized donor human milk that was obtained from a tissue bank licensed by the State Department of Public Health. The bill would exempt from licensing requirements a hospital storing or distributing human milk obtained from a licensed tissue bank. The bill would require hospitals that collect, process, store, or distribute human milk in any other circumstance to obtain a tissue bank license. To the extent that the bill would expand the class of hospitals subject to tissue bank licensing requirements, thereby expanding a crime, the bill would impose a state-mandated local program. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, requires the Department of Managed Health Care to license and regulate health care service plans and makes a willful violation of the act a crime. Other existing law requires the Department of Insurance to regulate health insurers. Existing law requires health care service plans and health insurers, as specified, to provide certain health benefits and services, including, among others, maternity hospital stays, inpatient hospital and ambulatory maternity services, and maternal mental health programs. Existing law generally requires a health care service plan or health insurance policy to provide an enrollee or insured with basic health care services, as specified. This bill would include, in the above-described basic health care services, medically necessary pasteurized donor human milk obtained from a tissue bank licensed by the State Department of Public Health. Because a violation of the bill's provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires a prisoner who has a severe mental disorder to be treated by the State Department of State Hospitals as a condition of parole. Existing law specifies the criteria for this parole condition to apply, and allows a prisoner to request a hearing before the Board of Parole Hearings for the purpose of proving that the prisoner meets the criteria. Existing law allows a prisoner who disagrees with the determination of the Board of Parole Hearings to file a petition in court for a hearing on whether they met the criteria. Existing law provides that if the determination of the Board of Parole Hearings is reversed, the court is to stay the execution of the decision for 5 working days to allow for an orderly release of the prisoner. Existing law requires that specified persons released from prison, after serving a prison term for a felony, be subject to postrelease community supervision provided by a county agency for a period not exceeding 3 years immediately following release. This bill would instead provide that if the determination of the Board of Parole Hearings is reversed, the court shall stay the execution of the decision for up to 30 days to allow for an orderly release of the prisoner, as specified. The bill would require that if the determination of the Board of Parole Hearings is reversed, the Department of Corrections and Rehabilitation, upon a determination that the individual is eligible for release pursuant to postrelease community supervision provisions, notify the probation department of the county of supervision of the pending release within 5 working days of the court order and work with the county of supervision to coordinate the orderly and safe release of the prisoner.
