Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals using federal, state, and county funds. Existing law establishes the CalWORKs Recipients Education Program (program) in the California Community Colleges under which community college districts are required to provide educational services and special services to recipients of aid under CalWORKs who are attending a community college, to the extent funding is provided in the annual Budget Act. Existing law requires special services for CalWORKs recipients to assist CalWORKs recipient students and those students transitioning off of CalWORKs in achieving long-term self-sufficiency through coordinated student services offered at a community college. Existing law authorizes those special services to include workstudy. Existing law prohibits program payments to an employer for workstudy from exceeding 75% of the wage for the workstudy positions and requires an employer to pay at least 25% of the wage for the workstudy positions. This bill would add direct aid designed to meet basic needs and services, as described, as a special service for which program funds may be used. The bill would also require special services for CalWORKs recipients to assist CalWORKs recipient students and those students transitioning off of CalWORKs in achieving economic mobility through coordinated student services offered at a community college. The bill would authorize programs to waive the requirement that an employer pay at least 25% of the wage for workstudy positions if the number of on-campus and off-campus workstudy positions will not decrease. By expanding program services, 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 requires that, as a condition of parole, a prisoner who has a severe mental health disorder be treated by the State Department of State Hospitals if the prisoner meets certain requirements, including, among others, that the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals have evaluated the prisoner and that a chief psychiatrist of the Department of Corrections and Rehabilitation certify to the Board of Parole Hearings that by reason of the prisoner's severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. Existing law allows a prisoner to request a hearing before the Board of Parole Hearings for the purpose of proving that they meet the criteria to be treated by the State Department of State Hospitals. Existing law authorizes a prisoner who disagrees with the determination of the Board of Parole Hearings to file a petition in court in the county in which they are incarcerated or are being treated for a hearing on whether they met the criteria. This bill would require a psychiatrist or psychologist, when determining whether a prisoner represents a substantial danger of physical harm to others, to consider, among other things, the prisoner's history of violence that was related to their severe mental health disorder. The bill would also authorize the court, upon stipulation of the petitioner, prosecuting attorney, and defense counsel in the county of commitment to state prison, to conduct a hearing in the county of commitment to state prison.
Existing law establishes the California Community Colleges, administered by the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in the state. Existing law requires the board to appoint a chief executive officer, known as the Chancellor of the California Community Colleges. Existing law establishes community college districts throughout the state, under the administration of community college district governing boards, and authorizes these districts to provide instruction at the community college campuses they operate. This bill, upon appropriation, would require the chancellor's office to implement the Future of Creative Industries Pilot Program, commencing on or before July 1, 2028, and to select up to 10 community colleges to participate in the pilot program, as specified. The bill would require the chancellor's office, on or before January 1, 2032, to submit a report to the Legislature evaluating the effectiveness of the pilot program, as provided. The bill would repeal this pilot program on January 1, 2033.
Existing law, the Occupational Therapy Practice Act, establishes the California Board of Occupational Therapy for the licensure and regulation of the practice of occupational therapy. Existing law requires the board to meet and hold at least one regular meeting annually in the Cities of Sacramento, Los Angeles, and San Francisco. Existing law repeals the provisions establishing the board on January 1, 2027, and, upon the repeal of those provisions, renders the board subject to review by the appropriate policy committees of the Legislature. This bill would extend the provision establishing the board to January 1, 2031, and would, instead, require the board to meet at least 3 times a year, meeting at least once each calendar year in northern California and once each calendar year in southern California. This bill would require an applicant or licensee to provide the board with their electronic mail address and would require the board to remind licensees and applicants of their obligation to report and keep current their electronic mail address, as provided. Existing law requires the board to establish certain fees, which are deposited into the Occupational Therapy Fund, including a limited permit fee. This bill would limit the limited permit fee to $125 and would require the board to establish a license fee for a pocket card, a duplicate wall certificate, and a letter of good standing, endorsements, or verification of licensure, as provided. Existing law specifies that the Occupational Therapy Practice Act does not prevent or restrict the practice, services, or activities of, among others, any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited education program, as provided. This bill would require the educational program to be accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education (ACOTE) . The bill would specify that these provisions do not prevent or restrict the practice, services, or activities of any person completing a supervised entry-level doctoral capstone experience, as provided.
Existing law, the Private Security Services Act, provides for the licensure and regulation of, among others, security guards by the Bureau of Security and Investigative Services. Existing law requires a security guard registrant to complete not less than 32 hours of training in security officer skills within 6 months from the date an initial registration is issued and requires a security guard registrant to complete 16 of the 32 hours within 30 days from the date the registration is issued, except as specified. Existing law requires a security guard registrant to complete a course in the exercise of the power to arrest and the appropriate use of force as a condition for registration issuance. This bill would, notwithstanding those provisions, allow a registrant who has completed a course in the exercise of the power to arrest and the appropriate use of force to complete the training in security officer skills before registration is issued. Existing law, the Proprietary Security Services Act, provides for the registration and regulation of proprietary private security officers by the Department of Consumer Affairs. Existing law requires a proprietary private security officer registrant to complete a training in security officer skills within 6 months from the date of registration issuance, or within 6 months of employment by a proprietary private security employer. Existing law requires the department to develop and establish a standard course and curriculum, including the minimum hours of instruction, for the security officer skills training. This bill would, notwithstanding those provisions, allow a registrant who has completed a course in the exercise of the power to arrest and the appropriate use of force to complete the training in security officer skills before registration is issued. This bill would incorporate additional changes to Sections 7574.18 and 7583.6 of the Business and Professions Code proposed by SB 1203 to be operative only if this bill and SB 1203 are enacted and this bill is enacted last.
(1) Under existing law, the Department of Consumer Affairs is composed of various boards, bureaus, and commissions that license and regulate the practice of various professions and vocations. Existing law provides that these entities are established to ensure that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated to protect the people of California, as prescribed. Existing law requires a registering authority, defined as the Department of Real Estate or specified boards, bureaus, and commissions of the Department of Consumer Affairs, to register a servicemember or a spouse of a servicemember who relocated to the state because of military orders for military service within this state and meets specified requirements. Under existing law, a registered person is deemed a licensee of the registering authority for purposes of the laws administered by that registering authority relating to standards of practice, discipline, and continuing education, as specified. Among the requirements for registrations, the applicant must be in good standing and have performed at least one activity within the scope and under the authority of their professional license within the 2 years preceding their relocation. Existing law also requires the applicant to submit to the registering authority an affidavit attesting to having met all of the requirements for registration and to the accuracy of the information submitted to the registering authority, as specified. This bill would define "good standing" and "military orders" for purposes of those provisions. The bill would delete the requirement that the applicant have performed an activity within the scope and under the authority of their professional license within the 2 years preceding their relocation. The bill would require that the applicant's affidavit to include an attestation that the applicant read, understood, and will comply with the standards and scope of practice of the registering authority's licensees. By expanding the scope of the crime of perjury and by expanding the application of professional licensing laws, the violation of some of which is a crime, this bill would impose a state-mandated local program. (2) Under existing law, if a coroner receives information from a pathologist indicating that a death may be the result of the gross negligence or incompetence of a physician and surgeon, podiatrist, or physician assistant, a confidential report is required to be filed with the applicable regulatory agency, as specified. This bill instead would require that the reporting of that information is received by a county coroner or a county medical examiner. By expanding the duties of local officials, this bill would impose a state-mandated local program. (3) Existing law, the Dental Practice Act, establishes the Dental Board of California in the Department of Consumer Affairs to license and regulate the practice of dentistry. Existing law requires the board to require an applicant for licensure to successfully complete certain examinations. Chapter 483 of the Statutes of 2024 (SB 1453) removed a pathway for licensure under which the applicant was authorized to meet the examination requirement by taking and receiving a passing score on a portfolio examination, as specified. This bill would update various provisions of the Dental Practice Act to conform to SB 1453's removal of the portfolio examination provisions, including an update to a provision imposing a cap on the application fee the amount of which varies depending on the type of examination the applicant takes. The bill would also correct a cross-reference error made in SB 1453 relating to a requirement for dental assistants to complete a board-approved course in radiation safety to perform radiographic procedures. (4) Existing law, the Optometry Practice Act, establishes the State Board of Optometry within the Department of Consumer Affairs to license and regulate the practice of optometry, including a nonresident ophthalmic lens dispenser, as specified. Existing law prescribes the minimum and maximum amounts of specified fees and penalties described in the act and set by the board. Among these fees, existing law imposes a registration fee for a nonresident ophthalmic lens dispenser at a minimum of $500, and a biennial renewal fee at a minimum of $300. This bill would lower the minimum amount for the registration fee for a nonresident ophthalmic lens dispenser to $350, and would lower the minimum amount for the biennial renewal fee to $200. (5) Existing law, the Veterinary Medicine Practice Act, establishes the California Veterinary Medical Board to license and regulate the practice of veterinary medicine. The act provides for the licensure and registration of registered veterinary technicians and assistants, and requires a licensed or authorized veterinarian to be fully aware of the act and regulations issued by the board if they employ a registered veterinary technician or assistant. This bill would repeal the above knowledge requirement. Existing law authorizes the board to deny a registered veterinary technician's application for specified violations, including if the applicant has been convicted of a crime substantially related to the qualifications, functions, and duties of a registered veterinary technician. This bill would repeal that authority. (6) Existing law establishes the Board of Behavioral Sciences in the Department of Consumer Affairs to regulate licensees under the Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act. Existing law requires direct supervisor contact for certain experience required for licensure as a marriage and family therapist, clinical social worker, or licensed professional clinical counselor. Existing law authorizes contact to be via in-person contact, 2-way, real-time videoconferencing, or some combination of these, as specified. Existing law requires a supervisor to assess the appropriateness of utilizing videoconferencing for supervision within 60 days of beginning supervision. This bill would instead require that assessment only if supervision is conducted via 2-way, real-time videoconferencing, and within 60 days of beginning that supervision. Existing law requires completion of training in human sexuality for licensure as a marriage and family therapist, clinical social worker, or licensed professional clinical counselor. Existing law requires the board to consult with other licensing boards, as specified, if it proposes to establish a training program in human sexuality. This bill would delete that consultation requirement. (7) Existing law establishes the Bureau of Security and Investigative Services in the Department of Consumer Affairs to regulate licensees under the Private Investigator Act, the Collateral Recovery Act, the Private Security Services Act, and the Alarm Company Act, and to regulate licensed locksmiths and their employees. A violation of these acts is punishable as a misdemeanor. Existing law requires the Director of Consumer Affairs to furnish a copy of licensing law, rules, and regulations to an applicant or licensee of the acts without charge, as specified, and to charge and collect a specified fee for additional copies furnished to an applicant or licensee or copies furnished on request to any other person. This bill would repeal those provisions related to the director furnishing copies of licensing law, rules, and regulations. Existing law requires the business of a person licensed under the Private Security Services Act to be operated under the direction, control, charge, or management of a qualified manager, as specified. Existing law establishes requirements for a qualified manager, including obtaining a qualification certificate from the bureau and displaying the certificate at the principal place of business and at each branch office license. In this regard, existing law provides that the qualified manager certificate shall be prominently displayed below the branch office license at the principal place of business. However, existing law only requires a branch office certificate if the licensee advertises or conducts business from a location other than their principal place of business. This bill would correct the provision requiring the qualified manager certificate to be displayed to instead require the qualification manager certificate to be displayed below the private patrol operator's license at the principal place of business. (8) Existing law establishes the Contractors State License Board in the Department of Consumer Affairs to regulate licensees under the Contractors State License Law. Existing law requires fees and penalties collected pursuant to this law to be deposited in the Contractors License Fund. The Construction Management Education Account is an account in the Contractors License Fund that contains funds used to promote construction management education. Existing law establishes an advisory committee to recommend grant awards for the support of courses of study in construction management and requires the committee to consist of 11 members, including at least one representative from each of a list of specified contractor associations. This bill would lower the committee membership to 10 members and would remove the requirement to have at least one representative from the Engineering Contractors Association. (9) Existing law establishes the Bureau of Automotive Repair in the Department of Consumer Affairs to regulate licensees under the Automotive Repair Act, including an automotive repair dealer. Existing law requires an automotive repair dealer to give the customer a written estimated price for labor and parts necessary for a specific job. Existing law makes specified violations of the Automotive Repair Act punishable as a misdemeanor. This bill would allow an automotive repair dealer to provide a customer a written estimate in an electronic format. The bill would make conforming changes to related enforcement provisions. (10) Existing law generally requires a person who regularly transacts business in the state under a fictitious business name to file with a county clerk a fictitious business statement that includes specified information. Existing law requires the county clerk to furnish without charge a form for that statement and requires the form to contain fields for certain information, including a field for the registrant's signature. Existing law provides which individuals may sign the fictitious business name statement and makes the declaration of any material matter that the registrant knows to be false a crime, as specified. This bill would require the form to include, directly below the signature line, lines for the signatory's printed name and title, as specified. By modifying the requirements of the form furnished by the county clerk, the bill would increase the duties of local officials, thereby imposing a state-mandated local program. Additionally, by expanding the information that must be declared in the fictitious business name statement form, the bill would expand the scope of a crime, thereby imposing a state-mandated local program. (11) Existing law establishes the Bureau of Household Goods and Services in the Department of Consumer Affairs to administer various laws, including the Household Movers Act. Existing law requires the bureau to require an applicant for a household mover permit to establish ability and financial responsibility to initiate the proposed operation. This bill would delete that applicant requirement. (12) This bill would make various other nonsubstantive changes, including updating cross-references and eliminating gendered pronouns. (13) This bill would incorporate additional changes to Section 4980.41 of the Business and Professions Code proposed by AB 1598 to be operative only if this bill and AB 1598 are enacted and this bill is enacted last. (14) 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 generally regulates obscene content on internet websites, including requiring a social media platform to provide a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is child sexual abuse material and prohibiting an operator of an internet website directed to minors from advertising obscene matter to minors. Under existing law, a person who distributes an image of an intimate body part or act of sexual intercourse of an identifiable person, under specified circumstances that include an agreement or understanding that the image would remain private, is guilty of a crime. This bill would require an operator of a pornographic internet website, among other things, to exercise ordinary care and reasonable diligence to ensure that each instance of sexually explicit content displayed on the operator's pornographic internet website does not include a depicted individual. The bill would define terms, including "depicted individual" for its purposes. This bill would also require an operator to exercise ordinary care and take reasonable steps to ensure that each instance of sexually explicit content uploaded to the operator's pornographic internet website does not include a depicted individual. The bill would require a user of a pornographic internet website, before uploading sexually explicit content, to submit specific information to the operator, including a statement certifying, under penalty of perjury, that each individual depicted in the sexually explicit content meets certain criteria. Under the bill, knowingly providing false information in the user statement would be punishable as an infraction with a specified fine. By expanding the crime of perjury and creating a new crime, this bill would impose a state-mandated local program. This bill would authorize a depicted individual and a public prosecutor to bring a civil action to enforce these provisions, as prescribed. This bill would exclude sexually explicit content transmitted on an online dating service through a private messaging or direct-communication feature from its provisions, as specified. 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.
The Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for a mixed-income housing development along a commercial corridor that satisfies specified site criteria, affordability criteria, and objective development standards, and deems a housing development that meets those requirements a use by right and subject to streamlined, ministerial review. Existing law prohibits the objective standards from precluding a development from being built at specified residential density required and from requiring the development to reduce unit size to meet the objective standards. This bill would also prohibit the objective standards from prohibiting or otherwise limiting mixed-use development, as defined, in a housing development project. By changing the criteria local agencies must follow for the approval of certain development projects, the bill would impose a state-mandated local program. The Affordable Housing and High Road Jobs Act of 2022 defines various terms for purposes of the act. This bill would make nonsubstantive changes to those definition provisions. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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, the Government Claims Act, governs the tort liability and immunity of, and claims and actions against, public entities, officers, and employees. Existing law requires that a claim against a public entity or public employee be signed by the claimant or by some person on the claimant's behalf. This bill would require a claim against a public entity or public employee to include a declaration that, upon information and belief, the contents of the claim are true and correct. By expanding the definition of a 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, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires the building department of every city or county to enforce the provisions of the State Housing Law, the State Building Standards Code, and other specified rules and regulations promulgated pursuant to the State Housing Law pertaining to standards for buildings used for human habitation. Existing law authorizes an officer, employee, or agent of an enforcement agency to enter and inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of the State Housing Law, the building standards published in the State Building Standards Code, and other rules and regulations promulgated pursuant to the provisions of the State Housing Law. Existing law provides certain immunities to a public entity or employee immunity relative to an inspection or license, as provided. This bill would require a city, including a charter city, county, or city and county, except as specified, to offer a homeowner or contractor, as described, the option of requesting remote inspections for all or a subset of an inspection required by a building permit for specified works in one- or 2-family dwelling units, by either January 1, 2028, or July 1, 2028, as provided. The bill would authorize these local agencies to adopt reasonable protocols governing the technical conduct of a remote inspection, as specified. The bill would apply the above-described immunities to remote inspections. The bill would authorize these local agencies to temporarily ban the homeowner or contractor from using the remote inspection if a homeowner is found to have willfully misrepresented the work, as provided. By imposing new duties on local agencies, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 establishes the Judges' Retirement System II, which is administered by the Board of Administration of the Public Employees' Retirement System, and provides pension and other benefits to judges who are members. Existing law authorizes a judge to elect one of 4 optional retirement payment plans, with variations, in lieu of receiving the maximum retirement allowance for their life alone. The optional plans provide for a reduced allowance payable to the judge for life and a payment or allowance payable to their surviving spouse, as specified. Under existing law, the 100 Percent Beneficiary Option 2 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to the judge until the judge's death and thereafter to have the same monthly allowance paid to the judge's surviving spouse for life, as provided, and the 50 Percent Beneficiary Option 3 with Benefit Allowance Increase consists of the right to have a retirement allowance paid to the judge until the judge's death and thereafter to have12 of the monthly allowance paid to the judge's surviving spouse for life, as provided. This bill would authorize a judge who retires on or after January 1, 2027, to elect to be subject to alternative provisions governing those 4 optional retirement payment plans described above, which would allow a judge to designate a beneficiary, which may or may not include their spouse, to receive the payment or allowance after the judge's death. A designation of a beneficiary under these alternative provisions would be subject to the community property rights of the judge's spouse. The bill would provide that under these alternative provisions, for the 100 Percent Beneficiary Option 2 with Benefit Allowance Increase and the 50 Percent Beneficiary Option 3 with Benefit Allowance Increase, if a nonspouse beneficiary waives entitlement to the allowance, the judge's allowance shall be adjusted effective the first day of the month following the receipt of the waiver to reflect the benefit that would have been paid had the judge not selected an optional settlement. The bill would provide that these two optional retirement payment plans shall not result in additional cost to the employer. Existing law authorizes the surviving spouse of a judge who died in office, had attained the minimum age for service retirement, with a minimum of 20 years of service, and met other requirements to receive an allowance that is equal to the amount that the judge would have received if the judge had been retired from service on the date of death, as specified. This bill would remove the requirement that the judge have had a minimum of 20 years of service in order to receive this surviving spouse allowance. Existing law authorizes the surviving spouse of a retired judge who was receiving a retirement allowance pursuant to specified provisions to receive a monthly allowance equal to 50% of the deceased judge's unmodified monthly retirement allowance, as provided. Under this bill, the surviving spouse of a retired judge who elected to be subject to the alternative provisions described above governing the 4 optional retirement payment plans would receive this surviving spouse allowance only if the spouse was married to the judge continuously from the date of the judge's retirement until the date of the judge's death. This bill would make other related and technical changes.
Existing law governs the determination of child custody and visitation in contested proceedings and requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including, among other things, the health, safety, and welfare of the child and a history of abuse by a parent or another person seeking custody against specified individuals, including the other parent. As a prerequisite to considering an allegation of abuse, existing law authorizes the court to consider written reports from specified entities, including law enforcement and child protective services. Existing law prohibits the court from considering a person's sex, gender identity, gender expression, or sexual orientation when determining the best interests of the child. The bill would also require the court to consider abuse that resulted in the conception of the child when determining the best interests of the child. Existing law prohibits a person from being granted physical or legal custody of, or visitation with, a child if the person has been convicted of rape and the child was conceived as a result of that violation. This bill, instead, would prohibit a person from being granted custody of, or visitation with, a child if the person has been convicted of an act of sexual assault, as defined, and either the child was conceived as a result of the act or born within 300 days after the act, and the act was one that could result in the conception of a child. Upon a finding by the court, by clear and convincing evidence, that a party seeking custody of a child perpetrated an act of sexual assault that resulted in the conception of the child, as defined, the bill would create a rebuttable presumption that an award of sole or joint physical or legal custody of the child is detrimental to the best interests of the child, which may only be rebutted by clear and convincing evidence to the contrary. Existing law, the Uniform Parentage Act, prescribes various circumstances under which an action may be brought for the purpose of determining the existence or nonexistence of a parent and child relationship and specifies when and by whom the action may be brought. This bill would authorize an action to be brought to declare the nonexistence of the parent and child relationship at any time if the child was conceived as a result of a sexual assault and the father was convicted of that violation. The Uniform Parentage Act defines the "parent and child relationship" as the legal relationship existing between a child and the child's parents, including determining who is a presumed parent. Under existing law, a person is presumed to be the natural parent of a child if they satisfy certain criteria, including, among other things, that the presumed parent and the child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated. Existing law creates exceptions to those presumptions, including if the child was conceived as a result of rape or unlawful intercourse, as specified. This bill would instead make that presumption inapplicable if the father was convicted of, or is found by clear and convincing evidence to have committed, an act of sexual assault against the child's mother and either the child was conceived as a result of the act or born within 300 days after the act and the act was one that could result in the conception of a child, unless, after the date of the sexual assault, the child's natural mother and the father voluntarily share the rights and responsibilities of rearing the child. Existing law permits a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents if the child's parent or parents have been convicted of a felony of a nature that proves the unfitness of the parent or parents to have future custody and control of the child. Existing law authorizes the court to consider a parent's criminal record prior to the felony conviction for these purposes. Existing law authorizes the mother of a child to bring a proceeding for these purposes against the father of the child if the child was conceived as a result of rape and the father was convicted of that violation. Existing law creates a conclusive presumption that the father is unfit to have custody or control of the child if the father is convicted of rape and the child was conceived as a result of that rape. This bill would also authorize the mother of a child to bring a proceeding for these purposes against the father of the child if the child was conceived as a result of an act of sexual assault, as specified. The bill would create a conclusive presumption that the father of the child is unfit to have custody or control of the child if the father is found, by clear and convincing evidence, to have committed an act of sexual assault against the mother and either the child was conceived as a result of the act or born within 300 days after the act and the act was one that could result in the conception of a child, except as specified.
