Existing law requires each state and local agency that employs peace officers to annually report to the Attorney General data on all stops conducted by the agency's peace officers, and requires that data to include specified information, including the time, date, and location of the stop, and the reason for the stop. Existing law defines a "stop" for that purpose as any detention by a peace officer of a person, or any peace officer interaction with a person in which the peace officer conducts a search, including a consensual search, of the person's body or property in the person's possession or control. For purposes of those reporting requirements, this bill would clarify that a "stop" does not include circumstances upon which a peace officer is dispatched to a call for service or a medical emergency.
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. Under existing law, entering a commercial establishment with the intent to take property exceeding $950 is burglary, punishable as a misdemeanor or a felony. This bill would amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to $400. The bill would provide that it shall become effective only when submitted to, and approved by, the voters of California.
Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the hearsay rule, including an exception in criminal prosecutions for statements made by victims, when under 12 years of age, describing any act or attempted act of child abuse with or on the child by another, as specified. This bill, Kelsey's Law, would additionally make an exception to the hearsay rule for statements by a victim who is a minor over 12 years of age if the court determines that the victim has an intellectual disability, when describing any act or attempted act of child abuse, as specified.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries arising out of and in the course of their employment. Existing law prohibits a claim for workers' compensation from being maintained unless within 30 days after the occurrence of the injury, the injured person, or in case of the death, a dependent, or someone on the injured person's or dependent's behalf, serves notice of the injury upon the employer. Existing law also requires an injured employee, or in the case of death, a dependent, or an agent of the employee or dependent, to file a claim form with the employer. Under existing law, except for specified injuries, if liability is not rejected within 90 days after the date the claim form is filed with the employer, the injury is presumed compensable and the presumption is rebuttable only by evidence discovered subsequent to the 90-day period. This bill would reduce those 90-day time periods to 45 days and, for certain injuries or illnesses, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, would reduce those time periods to 30 days. Existing law requires an employer, one working day after an employee files a claim form, to authorize the provision of all treatment, as specified, for the alleged injury and to continue to provide the treatment until the date that liability for the claim is accepted or rejected. Existing law limits liability for medical treatment to $10,000 until the date the claim is accepted or rejected. This bill would increase that amount from $10,000 to $17,000. Existing law requires that certain proceedings, including proceedings for the enforcement against the employer or an insurer of any liability for compensation, be instituted before the Workers' Compensation Appeals Board. Existing law authorizes the appeals board to fix and determine, in its award, the total amount of compensation to be paid and specify the manner of payment, or may fix and determine the weekly disability payment to be made and order payment during the continuance of disability. Existing law requires that when payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the unreasonably delayed or refused payment be increased up to 25% or up to $10,000, whichever is less. Existing law requires the appeals board to use its discretion to accomplish a fair balance and substantial justice between the parties. This bill would require, if payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, for specified claims of injury or illness, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, the full amount of the order, decision, or award to be increased by 10%. The bill would prohibit multiple increases from being awarded for repeated delays in making a series of payments due for the same type or specie of benefit unless there has been a legally significant event between the delay and the subsequent delay in payments of the same type or specie of benefit that establishes the employer's or insurance carrier's liability. The bill would apply to all injuries, without regard to whether the injury occurs before, on, or after the operative date of the bill. The bill would make other conforming changes.
Existing law defines "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Under existing law, that definition applies unless an explicit provision of law or the context clearly requires a different meaning. Existing law provides punishments for hate crimes that range from misdemeanors with specified penalties to felonies with additional terms of one to 3 years in state prison, depending on the underlying criminal act and other circumstances. Existing law requires, with conditions, the Attorney General to direct local law enforcement agencies to report specified information relative to hate crimes to the Department of Justice. Local law enforcement entities are required by existing law to provide a brochure on hate crimes to victims of these crimes and to the public, and the Department of Fair Employment and Housing is required by existing law to revise those brochures as needed and to provide those brochures to local law enforcement agencies upon request. This bill would add status as a peace officer to the list of actual or perceived characteristics necessary to determine whether a criminal act qualifies as a hate crime. By expanding the scope of an existing crime and by expanding the information that law enforcement agencies report to the Department of Justice and disseminate to crime victims and the public, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under existing law, theft of any property of a value exceeding $950 is grand theft and is punishable as either a misdemeanor or a felony. Under existing law, theft of any firearm, regardless of value, is grand theft and is punishable as a felony. Under existing law, knowingly buying or receiving stolen property, as specified, is punishable as either a misdemeanor or a felony if the value of the property exceeds $950. Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, requires the receipt of stolen property that does not exceed $950 to be punished as a misdemeanor, except in cases when the defendant has previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. This bill would, upon approval by the voters, make knowingly buying or receiving a stolen firearm, as specified, regardless of the value of the firearm, punishable as either a misdemeanor or a felony. The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.
Existing law declares that the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of water is to be exercised with a view to the reasonable and beneficial use of water in the interest of the people and for the public welfare. Existing law provides for contribution of expenses of, and proceedings for declaration of rights in, jointly used wells, pumping plants, or conduits used by 2 or more persons. This bill would authorize a landowner, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, and the conduit is not under the control or management of any public agency or authority, to modify, repair, or replace, as defined, the conduit on or beneath their land if the modification, repair, or replacement is made in a manner that does not impede the flow of the water to any other water right holder receiving a benefit of the conduit. The bill would authorize a landowner or water right holder to, where a conduit is constructed across or buried beneath the lands of 2 or more landowners, and the conduit is not under the control or management of any public agency or authority, modify, repair, or replace, as defined, the conduit on or beneath the land of any other landowner that the conduit is constructed across or buried beneath. The bill would require the landowner or water right holder making the change to receive written permission from a public landowner, as defined, on whose land the conduit will be changed, as specified. The bill would require the modification, repair, or replacement to be made in a manner that does not impede the flow of the water to any other water right holders that benefit from use of the conduit. The bill would require any increased operation, maintenance, or expenses involved in the modification, repair, or replacement of the conduit to be the responsibility of the landowner or water right holder who makes the change.
Existing law authorizes the Director of Employment Development to apply for an advance to the Unemployment Fund and accept the responsibility for the repayment of the advance in accordance with the conditions specified in Title XII of the Social Security Act, as amended, to secure the advantages available under the provisions of that title. Existing law authorizes the federal government to make advances to the states from the federal unemployment account in the federal Unemployment Trust Fund and requires repayment of those advances, with interest, as specified. Existing law authorizes the governor of any state to request that funds be transferred from a state account to the federal unemployment account in repayment of part or all of the balance of advances, as specified. This bill would appropriate $19,300,000,000 from the General Fund to the Employment Development Department for the purpose of repaying all advances from the federal unemployment account, as specified.
Existing law prescribes certain criminal sentencing enhancements that increase the term of imprisonment for specified criminal offenses committed under circumstances including those committed using a firearm, those committed for the benefit of a criminal street gang, those committed by a repeat offender, and those determined to be hate crimes. Existing law requires a sentencing court to dismiss an enhancement if, after considering specified mitigating circumstances, the court determines that it is in the furtherance of justice to do so. This bill would exempt from this requirement an enhancement imposed for an offense determined to be a hate crime.
(1) Existing law establishes various programs to provide assistance to homeless youth, including, among others, homeless youth emergency service pilot projects and the Runaway Youth and Families in Crisis Projects. Under other existing law, pupils who seek to continue their education in postsecondary educational institutions, and who wish to apply for financial aid, are generally required to apply for this aid through certain standardized forms, which, for most pupils, include the Free Application for Federal Student Aid and, for certain pupils, include the California Dream Act application. This bill, until August 1, 2024, and subject to an appropriation by the Legislature for this purpose, would require the State Department of Social Services to establish the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program. The program would award public school pupils who are in grade 12, have completed a Free Application for Federal Student Aid or California Dream Act application, and are homeless children or youths a guaranteed income of $1,000 each month for 5 months from April 1, 2023, to August 1, 2023, inclusive, as provided. The bill would establish the California SOAR Guaranteed Income Fund as the initial depository of all moneys appropriated, donated, or otherwise received for the program, and upon appropriation by the Legislature, would provide moneys in the fund to eligible participants. Under the bill, the award would not be considered financial aid or income for financial aid or other purposes and would not negatively impact the award recipient's eligibility for future financial aid. (2) Existing law, beginning on or after January 1, 2015, in modified conformity with federal income tax law, allows an earned income tax credit, the California Earned Income Tax Credit, against personal income tax. The Personal Income Tax Law also allows, for each taxable year beginning on or after January 1, 2019, a young child tax credit against the taxes imposed under that law. This bill, for the taxable year beginning on January 1, 2023, would exclude from gross income, for purposes of the personal income tax, any amount received as an award pursuant to the California SOAR Guaranteed Income Program. The bill, for the taxable year beginning on January 1, 2023, would additionally provide that the amount awarded is not earned income for purposes of eligibility for the California Earned Income Tax Credit or the young child tax credit. (3) Existing law establishes various public social services programs to provide eligible recipients with certain benefits, including, but not limited to, cash assistance under the California Work Opportunity and Responsibility to Kids (CalWORKs) program, nutrition assistance under the CalFresh program, and health care services under the Medi-Cal program. Under existing law, those programs, among others, are in part federally funded and governed by federal eligibility criteria, including specified income or resource limits. This bill would prohibit any award received by a student through the California SOAR Guaranteed Income Program from being considered income or resources for purposes of determining the student's, or any member of their household's, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program, including certain public social services programs. The bill would condition implementation of this provision on not conflicting with federal law, or receipt of any necessary federal waivers or exemptions and the availability of any applicable federal financial participation, as specified. This bill would require the State Department of Social Services, in consultation with stakeholders and the Legislature, to identify the CalWORKs, CalFresh, and Medi-Cal programs and any other state program that implements a federal means-tested program and that would require an exemption or waiver. The bill would require a state department or agency that administers a program identified by the State Department of Social Services or by the department or agency itself, to approve an exemption or waiver or to seek one from the federal government. If the state fails to receive the necessary federal exemption or waiver, the bill would authorize the State Department of Social Services to consider alternatives to prevent adverse consequences for California SOAR Guaranteed Income Program participants.
The Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, made various changes relating to theft and the possession of controlled substances, including by, among other things, generally reducing the penalty for those crimes, including reducing the penalty for possession of concentrated cannabis, establishing a procedure by which individuals convicted of those crimes prior to the passage of the act may petition for resentencing under the act, and creating the crime of shoplifting. The act also requires the Director of Finance to calculate the savings accruing to the state as a result of the implementation of the act and requires the Controller to transfer that sum from the General Fund to the Safe Neighborhoods and Schools Fund, which was created by the act. The act specifies the manner of distribution of those funds and the purposes for which they may be used. This bill would repeal the changes and additions made by Proposition 47, except those related to reducing the penalty for possession of concentrated cannabis. Existing law makes it a crime for a caretaker of an elder or a dependent adult, or a person who is not a caretaker and who knows or reasonably should know that the victim is an elder or a dependent adult, to violate specified laws proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property or personal identifying information of that elder or dependent adult. Existing law makes a violation of those provisions punishable as a misdemeanor or a felony when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. This bill would reduce the value threshold for a violation of those provisions to be punishable as a felony from $950 to $400. Existing law defines grand theft as the wrongful taking of money, labor, or property of a value exceeding $950, except as specified. Existing law also makes it grand theft where the money, labor, or real or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates $950 or more in any consecutive 12-month period. This bill would reduce the value threshold for committing grand theft under those provisions from $950 to $400. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail, as specified, and requires the superior court judges, when adopting that schedule, to consider the seriousness of the offense charged and assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, as specified. This bill would prohibit costs relating to the conditions of release on bail from being imposed on persons released on bail or on their own recognizance. The bill would additionally require the court to order a return of money or property paid to a bail bond licensee by or on behalf of the arrestee to obtain bail if the action or proceeding against the arrestee who has been admitted to bail is dismissed or no charges are filed against the arrestee within 60 days of arrest, as specified. The bill would authorize the bail bond licensee to retain a surcharge not to exceed 10% of the amount paid by the arrestee or on behalf of the arrestee. The bill would require the court to order this return of money or property only for a bail contract entered into on or after January 1, 2023.
