Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release. Existing law requires the counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or the designees of each of those entities, to provide assistance and consultation in the State Department of State Hospitals' process of locating and securing housing within the county and requires those individuals to provide appropriate contact information for their respective office to the department. Existing law also requires the department to convene a committee of those individuals. Existing law generally requires the committed individual to be placed in their county of domicile before their incarceration, but authorizes consideration of, and placement in, an alternative placement county in extraordinary circumstances. When the department makes a recommendation for conditional release or community outpatient treatment, existing law requires the department to notify specified persons of its recommendation and include specified information. This bill would additionally require the sheriff or the chief of police of an alternative placement locality and the county counsel and the district attorney of an alternative placement county, as specified, to provide assistance and consultation in the department's process of locating and securing housing for a sexually violent predator and to provide appropriate contact information for their office to the department. The bill would include these individuals in the committee meeting the department is required to convene and would also authorize those committee meetings to be held by teleconference. The bill would require the above-described notice to be sent electronically and by certified mail. By imposing a higher level of service on local government, 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.
(1) Existing law requires a court, when a defendant is convicted of a crime, to order the defendant to pay restitution to the victim or victims, and to additionally pay a restitution fine to be deposited in the Restitution Fund. Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund. This bill would make the outstanding balance of any restitution fines, including any collection fees, unenforceable and uncollectible 10 years after the date of imposition of an order for a restitution fine. (2) Existing law establishes the jurisdiction of the juvenile court over minors who are between 12 and 17 years of age, inclusive, who have violated a federal, state, or local law or ordinance, as specified, and over minors under 12 years of age who have been alleged to have committed specified crimes. Existing law authorizes a juvenile court to adjudge a person under these circumstances to be a ward of the court. Existing law generally requires that the minor pay a restitution fine to be deposited into the Restitution Fund and restitution to any victim of the minor's conduct, as specified. The bill would remove the requirement that a minor adjudged to be a ward of the court pay a restitution fine and would make the outstanding balance of any restitution fines, including any collection fees, unenforceable and uncollectible 10 years after the date of imposition of a restitution fine. The bill would make additional conforming changes. (3) Existing law requires the juvenile court, when issuing the order of restitution, to identify on the court order, any co-offenders who are jointly and severally liable for victim restitution. The bill would require, for the purposes of victim restitution, that each minor be held severally liable, as specified, and would prohibit a minor from being held jointly and severally liable as co-offenders. The bill would prohibit the aggregate amount of apportioned liability for all minors involved from exceeding 100% in total. (4) Existing law establishes the distribution of trust funds of a ward committed to the Division of Juvenile Justice, including payment of restitution orders and restitution fines. Under existing law, the Division of Juvenile Justice closed on June 30, 2023. This bill would repeal these provisions.
Existing law requires a prescriber, with certain exceptions, before directly dispensing or issuing for a minor the first prescription for a controlled substance containing an opioid in a single course of treatment, to discuss specified information with the minor, the minor's parent or guardian, or another adult authorized to consent to the minor's medical treatment. This bill would extend that requirement for the prescriber by applying it to any patient, not only a minor, under those circumstances.
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts, except as specified. The act continues in existence in each county a local agency formation commission (LAFCO) that consists of members appointed, as specified, and oversees those changes of organization and reorganization. The act authorizes a LAFCO to, among other things, review and approve with or without amendment, wholly, partially, or conditionally, or disapprove proposals for changes of organization or reorganization, as specified. This bill would authorize a LAFCO to require, as a condition for, among other things, processing a change of organization or reorganization, that the applicant agrees to defend, indemnify, and hold harmless the LAFCO, its agents, officers, and employees from and against any claim, action, or proceeding, as specified, to attack, set aside, void, or annul an approval by the LAFCO. The bill would require the LAFCO to promptly notify the applicant of any claim, action, or proceeding to attack, set aside, void, or annul an approval by the LAFCO and require the LAFCO to fully cooperate in the defense. The bill would specify that an applicant who is a party to the agreement is not responsible to defend, indemnify, or hold harmless the LAFCO if the LAFCO fails to notify the applicant or cooperate fully in the defense, and is not required to pay or perform any settlement relating to the agreement, unless the applicant approves the settlement. The bill would specify that nothing in its provisions are to be construed to prohibit the LAFCO from participating in the defense of any claim, action, or proceeding to attack, set aside, void, or annul an approval by the commission if specified conditions are met, including that the LAFCO bears its own attorney's fees and costs of the claim, action, or proceeding.
Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, to provide supplemental funding to county offices of education to coordinate and ensure that local educational agencies within a county office of education's jurisdiction are providing services to pupils in foster care pursuant to a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. Existing law defines "pupil in foster care" for these purposes. This bill would add to the definition of "pupil in foster care" a child who is the subject of a juvenile court petition and has been identified by a county child welfare agency, a probation department, or an Indian tribe meeting specified criteria as being at imminent risk of removal and placement into foster care, as provided. This bill would incorporate additional changes to Section 42921 of the Education Code proposed by AB 2137 to be operative only if this bill and AB 2137 are enacted and this bill is enacted last.
Existing law establishes the Government Operations Agency, which is governed by the Secretary of Government Operations. Existing law requires the Secretary of Government Operations to develop a coordinated plan to, among other things, evaluate the impact of the proliferation of deepfakes, defined to mean audio or visual content that has been generated or manipulated by artificial intelligence that would falsely appear to be authentic or truthful and that features depictions of people appearing to say or do things they did not say or do without their consent, on state government, California-based businesses, and residents of the state. Existing law establishes within the Government Operations Agency the Department of Technology, which is supervised by the Director of Technology. Existing law requires the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. Existing law defines an "automated decision system" as a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decisionmaking and materially impacts natural persons. Existing law requires each local agency, as defined, to provide specified information to the public before approving an economic development subsidy, as defined, within its jurisdiction, and to, among other things, hold hearings and issue annual reports on those subsidies, as provided. Existing law requires those reports to contain, among other things, information about any net job loss or replacement due to the use of automation, artificial intelligence, or other technologies, if known. Existing law establishes the California Online Community College, under the administration of the Board of Governors of the California Community Colleges, for purposes of creating an organized system of accessible, flexible, and high-quality online content, courses, and programs focused on providing industry-valued credentials compatible with the vocational and educational needs of Californians who are not currently accessing higher education. Existing law requires the California Online Community College to develop a Research and Development Unit to, among other things, focus on using technology, data science, behavioral science, machine learning, and artificial intelligence to build out student supports, as provided. Existing law requires a social media company, as defined, to submit a terms of service report on a semiannual basis to the Attorney General, as prescribed. Existing law requires the terms of service report to include, for each social medial platform owned or operated by the company, specified information that is disaggregated into categories, including how content was flagged or actioned by company employees or contractors, artificial intelligence software, community moderators, civil society partners, and users. This bill would define the term "artificial intelligence" for the purposes of the above-described provisions to mean an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because the accessory dwelling unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. Existing law makes those provisions inapplicable to a substandard building, as specified. This bill would instead prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, for those violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard. The bill would require a local agency to inform the public about the provisions prohibiting denial of a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit. The bill would require this information to include a checklist of the conditions that deem a building substandard and to inform homeowners that, before submitting a permit application, the homeowner may obtain a confidential third-party code inspection from a licensed contractor. The bill would prohibit a local agency from requiring a homeowner to pay impact fees or connection or capacity charges except under specified circumstances. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. The bill would authorize an inspector from a local agency, upon receiving an application for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, to inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards. The bill would prohibit the local agency from penalizing an applicant for having the unpermitted accessory dwelling unit and would require the local agency to approve necessary permits to correct noncompliance with health and safety standards. 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, the Public Employees' Retirement Law (PERL) , establishes the Public Employees' Retirement System (PERS) , which provides a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. PERL authorizes any public agency to make its employees members of PERS by contract. Under existing law, when a contracting agency is succeeded by another agency, the successor agency may become a contracting agency of PERS. Existing law provides that if the successor agency contracts with PERS, the contract of the former agency shall merge with the contract of the succeeding agency. Existing law authorizes specified successor agencies to provide employees the defined benefit plan or formula that those employees received from their respective contracting agency employer prior to the consolidation. This bill would authorize a successor agency for the El Dorado County Fire Protection District and the Diamond Springs-El Dorado Fire Protection District to provide employees the defined benefit plan or formula that those employees received from their respective employer prior to the annexation. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of El Dorado. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Department of Technology, in coordination with other interagency bodies, to conduct, on or before September 1, 2024, a comprehensive inventory of all high-risk automated decision systems, as defined, that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, state agencies, as defined. This bill would require, on or before January 1, 2026, and before each time thereafter that a generative artificial intelligence system or service, as defined, or a substantial modification to a generative artificial intelligence system or service, released on or after January 1, 2022, is made available to Californians for use, regardless of whether the terms of that use include compensation, a developer of the system or service to post on the developer's internet website documentation, as specified, regarding the data used to train the generative artificial intelligence system or service. The bill would require that this documentation include, among other requirements, a high-level summary of the datasets used in the development of the system or service, as specified.
Existing law provides for the licensure and regulation of health facilities and clinics by the State Department of Public Health. Existing law, the Medical Practice Act, establishes the Medical Board of California for the licensing, regulation, and discipline of physicians and surgeons. Existing law, the Osteopathic Act, enacted by an initiative measure, establishes the Osteopathic Medical Board of California for the licensing and regulation of osteopathic physicians and surgeons. This bill would require a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information, as defined, to ensure that those communications include both (1) a disclaimer that indicates to the patient that a communication was generated by generative artificial intelligence, as specified, and (2) clear instructions describing how a patient may contact a human health care provider, employee, or other appropriate person. The bill would exempt from this requirement a communication read and reviewed by a human licensed or certified health care provider. Under the bill, a violation of these provisions by a physician would be subject to the jurisdiction of the Medical Board of California or Osteopathic Medical Board of California, as appropriate.
(1) Existing law includes maxims of jurisprudence in civil law. This bill would make nonsubstantive changes to some of these provisions. (2) Existing law requires that, if a jury commissioner requires a person to complete a questionnaire, the questionnaire must ask only questions related to juror identification, qualification, and ability to serve as a prospective juror. Existing law authorizes a court or trial judge to require a prospective juror to complete such additional questionnaires as may be deemed relevant and necessary for assisting in the voir dire process or to ascertain whether a fair cross section of the population is represented as required by law, or as proposed by counsel in a particular care to assist the voir dire process. This bill would require, after January 1, 2026, the Judicial Council to adopt a standard of judicial administration to ensure that juror identification and any juror questionnaire is inclusive, as specified.
(1) Existing law establishes the Department of Justice in the state government, under the direction and control of the Attorney General. Existing law authorizes the Attorney General to arrange and classify the work of the Department of Justice and to consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Various provisions of existing law governing contracts in restraint of trade; false advertising; the regulation of telephonic sellers, sellers of travel, and discount buying organizations, as those terms are defined; and the payment of eligible claims by the Consumer Motor Vehicle Recovery Corporation, refer to the Consumer Law Section within the Department of Justice. This bill would update obsolete references to the Consumer Law Section within the Department of Justice in the above-described provisions to instead refer to the Consumer Protection Section. The bill would also make various nonsubstantive changes to these provisions. (2) Existing law, the Confidentiality of Medical Information Act (CMIA) , generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies. The CMIA requires every provider of health care, health care service plan, pharmaceutical company, or contractor who, among other things, maintains or stores medical information to do so in a manner that preserves the confidentiality of the information contained therein. Existing law requires specified businesses that electronically store or maintain medical information on the provision of sensitive services on behalf of a provider of health care, health care service plan, pharmaceutical company, contractor, or employer to develop capabilities, policies, and procedures, on or before July 1, 2024, to enable certain security features, including limiting user access privileges and segregating medical information related to gender affirming care, abortion and abortion-related services, and contraception, as specified. Existing law provides that this requirement does not apply to a provider of health care, as defined. This bill would provide that the requirement for specified businesses to enable certain security features as described above does not apply to a contractor or health service plan, as defined. (3) Existing law authorizes a plaintiff, who prevails in a cause of action against a defendant pursuant to specified federal law on the preservation of consumer claims and defenses, to claim attorney's fees, costs, and expenses, as prescribed. Existing law requires a person engaged in a trade or business who negotiates primarily in specified languages in the course of engaging in certain business agreements to provide the other party to the contract or agreement a translation of the contract or agreement in the language in which it was negotiated. Existing law, the Educational Debt Collection Practices Act, prohibits a school, as defined, from refusing to provide a transcript for a current or former student on the grounds that the student owes a debt and from taking related debt collection actions. Existing law regarding student loans prohibits a person from engaging in certain abusive acts or practices when servicing a student loan in this state and provides various remedies for a violation of these provisions. Existing law, the Automobile Sales Finance Act, authorizes a guaranteed asset protection waiver, as specified, to be offered, sold, or provided to a buyer or administered in connection with a conditional sale contract only in compliance with specified provisions. Existing law makes a legislative finding that all protections, rights, and remedies available under state law, except as specified, are available to all individuals regardless of immigration status who have applied for employment or who are or have been employed in this state, as prescribed. This bill would provide that a waiver of any of the above-described provisions is contrary to public policy and is void and unenforceable. (4) The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including the failure to include a prescribed disclosure statement in a solicitation by a covered person, as defined, or an entity acting on behalf of a covered person, to a consumer for a consumer financial product or service. This bill would also require the disclosure statement to appear on the front of an envelope that contains such a solicitation, as prescribed. (5) Existing law, in a proceeding for dissolution or nullity of marriage or legal separation of the parties under the Family Code, authorizes a court to transfer the proceedings to the county of residence of either party when it appears that both the petitioner and the respondent have moved from the county rendering the order. Existing law provides that the proper court for trial in a proceeding to enforce a child support obligation is the superior court in the county where the child resides. Existing law authorizes a court, on motion, to change the place of trial in certain cases, and requires the court to which the case is transferred to have and exercise jurisdiction over the case as if it had been originally commenced in that court. This bill would authorize a court to transfer any proceeding under the Family Code where it appears that both the petitioner and the respondent have moved from the county rendering the order. The bill would authorize a court, in any proceeding in which there is a concurrent action or proceeding under specified existing law relating to child support and involving the local child support agency, to transfer venue for any action or proceeding not subject to those child support provisions. The bill would require the court to redirect motions for change of venue that are subject to those child support provisions to the court of competent jurisdiction, as prescribed. The bill would make conforming changes in related child support provisions. The bill would also expand circumstances in which the transferring court of a family law action or proceeding is required to retain jurisdiction to make orders to prevent immediate danger or irreparable harm to a party or the children involved in the matter or immediate loss or damage to property subject to disposition in the matter if another court has not yet assumed jurisdiction over the proceeding. (6) Existing law requires the party intending to move for a new trial to file a notice of intention to move for a new trial, as specified, either before the entry of judgment or within 15 days of the date of mailing notice of entry of judgment by the clerk of the court or service by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest. This bill would revise the requirement to file a notice of intention to move for a new trial from within 15 days of the date of mailing notice of entry of judgment to within 15 days of serving the notice. (7) Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency, under the direction of the Director of Civil Rights, to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prescribes various functions, duties, and powers of the department, including, among others, to bring prescribed civil actions for violations of specified federal civil rights and antidiscrimination laws. This bill would authorize the department to bring civil actions for violations of the federal Age Discrimination in Employment Act of 1967. The bill would also make technical changes to these provisions. (8) Existing law prohibits a local agency from promulgating, enforcing, or implementing an ordinance, rule, policy, program, or regulation that does specified actions related to a tenancy. This bill would make a technical, nonsubstantive change to this provision. (9) Existing law defines "absence of conflicting information relative to parentage" to include entries such as "unknown," "not given," "refused to state," or "obviously fictitious names." This bill would clarify that "absence of conflicting information relative to parentage" means the absence of conflicting information relative to the existence or nonexistence of a parent and child relationship, as defined. (10) Existing law authorizes a person asserting that the error exists in any certificate of birth, death, fetal death, or marriage already registered, to make an affidavit under oath stating the changes necessary to make the record correct, which must be supported by the affidavit of one other credible person having knowledge of the facts, and file it with the state or local registrar. This bill would clarify that those facts include, but are not limited to, the correction of typographical, spelling, or statistical errors. Existing law makes these provisions applicable to a certificate of birth only in the absence of conflicting information relating to parentage on the originally registered certificate. This bill would require that an amendment of a certificate of birth would only be available in the absence of conflicting information relative to the existence or nonexistence of a parent and child relationship, as defined, on the originally registered certificate of birth. (11) Existing law requires a notice that is required to be given to the State of California in connection with a proceeding under the Probate Code to be given to the Attorney General, as specified. Existing appellate case law holds that a party who receives notice of, but who fails to participate in, court-ordered mediation is bound by the result. This bill would declare that the Attorney General does not waive the right to object to a proposed settlement that adversely impacts a charitable gift by failing to appear at a mediation, a mandatory settlement conference, or another court-ordered alternative dispute resolution proceeding related to that settlement. (12) Existing law requires the State Architect to develop amendments for building regulations to ensure accessibility requirements of the California Building Standards Code are not enhanced or diminished except as necessary to retain existing state regulations providing greater accessibility and features or to meet federal minimum standards, as specified. This bill, instead, would require the State Architect to develop amendments for building regulations to ensure accessibility requirements of the California Building Standards Code are not modified except as necessary to align with existing state regulations providing greater accessibility and features, to meet federal minimum accessibility standards, or to align with a provision improving accessibility and adopted in a national specification, published standard, or model code. (13) This bill would incorporate additional changes to Section 1632 of the Civil Code proposed by SB 1103 to be operative only if this bill and SB 1103 are enacted and this bill is enacted last.
