(1) Existing law provides various circumstances that constitute rape, which are punishable by imprisonment in the state prison for 3, 6, or 8 years, except as specified. Existing law also prescribes circumstances that constitute unlawful sexual intercourse, some of which involve an adult perpetrator who engages in that unlawful intercourse with a minor, as specified. Unlawful sexual intercourse under those circumstances is punishable by imprisonment for 2, 3, or 4 years, and also may be subject to designated civil penalties or fines. Under existing law, any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to a specified provision of law for 2, 3, or 4 years. This bill would subject any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age and is convicted of a felony to a sentence enhancement of 2 years, if the perpetrator holds a position of authority over the minor with whom he or she engaged in the act of unlawful sexual intercourse. By changing the penalty for the commission of unlawful sexual intercourse under the above circumstances, the bill would impose a state-mandated local program. (2) Existing law makes it a crime for a person to engage in specified acts of a sexual nature with a minor, including lewd and lascivious conduct when the victim is a child of 14 or 15 years of age and the person is at least 10 years older, and sodomy, oral copulation, or sexual penetration of a minor under 16 years of age when the person is 21 years of age or older. This bill would impose an additional term of 2 years when a person who is convicted of a felony violation of the above crimes is a person who holds a position of authority, as defined, over the minor victim. By increasing the penalty for a crime, the bill would impose a state-mandated local program. (3) 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 jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine placement of a dependent child. Existing law prescribes various hearings, including specified review hearings, and other procedures for these purposes. Existing law requires a social worker to conduct specified assessments for purposes of placement. This bill would require the court to order the social worker to immediately conduct an assessment, as specified, if the child is not placed with a relative at the time of the initial hearing and an able and willing relative is available and requests temporary placement of the child. Under existing law, if a child is proposed to be placed in the home of a relative, or the home of any prospective guardian or other person who is not a licensed or certified foster parent, the court or social worker placing the child is required to make an assessment of that person for placement pursuant to specified criteria, including conducting a home visit and having a state-level criminal records check conducted by an appropriate government agency through the California Law Enforcement Telecommunications System. For purposes of placement, existing law authorizes a county to issue a criminal records exemption for a qualifying crime for which the relative, prospective guardian, or other person has been convicted only if that county has been granted permission by the Director of Social Services to issue exemptions. Existing law requires the State Department of Social Services to conduct an evaluation of the implementation provisions relating to criminal records exemptions, as specified. This bill would require a county seeking to issue a criminal records exemption under these provisions to assist the relative, prospective guardian, or other person in locating and obtaining any documents required for the criminal records exemption. If the court orders the county to make an assessment under these provisions, the bill would also require the county to complete the assessment process within a specified timeframe. The bill would authorize the court to conduct a hearing if the assessment is not complete, as specified, or an exemption or waiver is denied, to determine if the county has abused its discretion. By imposing additional duties on county welfare agencies, 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.
Read. Adopted. (Ayes 36. Noes 0. Page 4868.)
Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, to be known as the Chancellor of the California Community Colleges. This bill would establish the Veteran Resource Centers Grant Program, which would authorize the governing board of a community college district and a community college campus at which a veterans resource center has been or is intended to be established to jointly apply to the chancellor for a grant for purposes of providing resources to veterans and active duty members of the Armed Forces of the United States enrolled at the campus. The bill would establish the Veteran Resource Centers Grant Fund in the State Treasury. The bill would allocate moneys in the fund, upon appropriation by the Legislature in the annual Budget Act, to the chancellor for, among other things, administration of the program and distribution of awards to recipient community college districts and campuses. The bill would repeal the program on January 1, 2023.
Existing law requires the Department of Justice to develop a DNA database for all cases involving the report of an unidentified deceased person or a high-risk missing person, provides for the collection of DNA samples from unidentified deceased persons and from potential sources for comparison, as specified, and requires that the database be funded by a $2 increase on death certificates issued by a local governmental agency or by the State of California. Existing law requires a penalty of $1 for every $10 or part thereof to be levied in each county upon every fine, penalty, or forfeiture imposed and collected by the court for all criminal offenses, as specified. Existing law requires the county board of supervisors to establish a DNA Identification Fund in the county treasury into which the additional penalty is deposited. Existing law requires the county treasurer to transfer a specified amount from that fund to the Controller for credit to the state's DNA Identification Fund. Existing law specifies the purposes for which the remaining funds in the county's DNA Identification Fund may be used. This bill would appropriate $15,000,000 from the General Fund to the Controller for apportionment to counties based on a county's proportionate contribution to the state's DNA Identification Fund in the most recent calendar year for which information is available on January 1, 2017, would require that money to be deposited into a county DNA Identification Fund, and would require the county treasurer to distinguish moneys collected pursuant to the bill's provisions from other moneys in the fund. The bill would require the money from the bill's provisions to be used, upon a resolution by the board of supervisors, to assist local law enforcement agencies with the investigation of specified cases involving DNA evidence. The bill would require the district attorney to publicize, as specified, when an investigation using these funds results in a solved case. Because this bill would require county officials to perform additional duties, it 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 these statutory provisions.
Existing law establishes the Public Utilities Commission and designates the duties of the commission, including regulating specified transportation carriers. This bill would require the commission to conduct an investigation to consider whether existing statutes and regulations relating to for-hire passenger transportation services serve the public interest, encourage innovation, and create a fair and competitive transportation market among companies that provide regulated transportation services. The bill would require the commission to complete the investigation and report its conclusions and recommendations to the Legislature on or before January 1, 2017. Existing law defines "commercial vehicle," for the purposes of the Vehicle Code, as a motor vehicle of a type required to be registered under that code that is used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. Existing law, the Passenger Charter-party Carriers' Act, provides for the regulation of transportation network companies by the Public Utilities Commission. Existing law defines a "transportation network company" to mean an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle. This bill, until January 1, 2018, would exclude from the definition of "commercial vehicle," for purposes of the Vehicle Code, any motor vehicle operated in connection with a transportation network company, if specified conditions are satisfied.
Under existing law, anyone who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect a violation of specified sex crimes is guilty of human trafficking. Under existing law, any person who causes a minor to engage in a commercial sex act, with the intent to violate specified sex crimes, is guilty of human trafficking. This bill would create the Statewide Interagency Human Trafficking Task Force within the Department of Justice, which would consist of representatives from several state agencies and be chaired by a representative from the Department of Justice. The bill would require the task force to gather statewide data on sex and labor traffickers, sex buyers, and human trafficking victims to recommend interagency protocols and best practices for training and outreach to law enforcement, victim service providers, and other state and private sector employees likely to encounter human trafficking and to evaluate and implement approaches to increase public awareness about human trafficking. The bill would authorize the task force to create an advisory committee or advisory committees comprised of subject matter experts, as provided. The bill would prohibit the task force from duplicating the protocols developed by the California Child Welfare Council.
Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability for the support of the California Senior Legislature Fund until the year in which the minimum contribution is not received, or January 1, 2019, whichever occurs first. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. This bill would repeal these provisions regarding contributions for the support of the California Senior Legislature Fund and would instead allow a taxpayer, for taxable years beginning on or after January 1, 2016, to designate an amount in excess of personal income tax liability to be deposited to the California Senior Citizen Advocacy Fund, which the bill would create. This bill would require moneys transferred to the California Senior Citizen Advocacy Fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller, as provided, and to the California Senior Legislature for the purpose of funding the activities of the California Senior Legislature, as provided. The bill would require the California Senior Legislature's Internet Web site to report specified information, including all events the California Senior Citizen Advocacy Fund supports each year. This bill would repeal these voluntary contribution provisions by a specified date or, if contributions made on returns would be less than a specified amount, by an earlier date as provided.
Existing law authorizes the Fish and Game Commission to determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the number of elk that may be taken under rules and regulations that the commission may adopt from time to time. Existing law authorizes the Department of Fish and Wildlife to issue an elk tag upon payment of a fee and to deposit that fee into the Big Game Management Account. This bill would require the department, upon request, to meet with individual federally recognized Indian tribes in California to discuss elk-related issues for elk located within the territory of the individual tribe. The bill would require the department to work collaboratively, and in good faith, with that tribe to identify possible science-based solutions.
The Corporate Securities Law of 1968 generally regulates the offer and sale of corporate securities within the state, and specifically makes specified conduct with regard to the offer and sale of corporate securities unlawful. That law requires the Commissioner of Business Oversight to perform specific oversight duties regarding the offer and sale of securities and provides that any willful violation of that law is a crime. Existing law prohibits any person from selling a security in this state by means of a communication that includes an untrue statement of material fact or that omits a material fact necessary in order to make the statements made, in light of the circumstances under which the statements are made, not misleading. This bill would require the commissioner to adopt regulations to prohibit fraudulent and manipulative practices by persons undertaking short sales in the securities market. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) 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.
(1) The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value, as defined, of that property, and provides that the full cash value base may be adjusted each year by the inflationary rate not to exceed 2% for any given year. Existing property tax law implementing this constitutional authority provides that the taxable value of real property is the lesser of its base year value compounded annually by an inflation factor not to exceed 2%, as provided, or its full cash value. Existing property tax law also provides that the taxable value of a manufactured home is the lesser of its base year value compounded annually by an inflation factor not to exceed 2% or its full cash value. This bill, for any assessment year commencing on or after January 1, 2017, would provide that the inflation factor shall not apply to the principal place of residence, including a manufactured home, of a qualified veteran, as defined, who is 65 years of age or older on the lien date, was honorably discharged from military service, and meets specified requirements. By changing the manner in which local tax officials calculate the taxable value of real property owned by senior veterans, this bill would impose a state-mandated local program. (2) Existing property tax law provides, pursuant to the authorization of the California Constitution, a disabled veteran's property tax exemption for the principal place of residence of a veteran or a veteran's spouse, including an unmarried surviving spouse, if the veteran, because of injury incurred in military service, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled, as those terms are defined, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. Existing law exempts that part of the full value of the residence that does not exceed $100,000, or $150,000, if the veteran's or spouse's household income does not exceed $40,000, adjusted for inflation, as specified. This bill, for property tax lien dates on an after January 1, 2017, would instead exempt the full value of the principal place of residence of a veteran or veteran's spouse if the veteran's or spouse's household income does not exceed $40,000, adjusted for inflation. The bill would also make technical and conforming changes to the disabled veteran's property tax exemption. By changing the manner in which local tax officials administer the disabled veteran's property tax exemption, this bill would impose a state-mandated local program. (3) Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. (4) 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 these statutory provisions. (5) This bill would take effect immediately as a tax levy.
Existing law requires the Department of Justice to make available specified information about registered sex offenders via an Internet Web site. Existing law authorizes an offender who has been convicted of the commission or attempted commission of an offense for which the offender is on probation at the time of his or her application or has successfully completed probation to apply for exclusion from the Internet Web site if he or she submits a certified copy of an official court document, as specified, that clearly demonstrates that the offender was the victim's parent, stepparent, sibling, or grandparent, and the crime did not involve specified sexual offenses. This bill would require a local assistance center for victims and witnesses, as specified, prior to the department granting an application for an exclusion pursuant to the above specified provision, to speak to the victim to determine if granting the exclusion would be in the best interest of the victim, as provided. The bill would require that an offender who is on probation at the time of his or her application for an exclusion be on probation for at least one year prior to the granting of his or her exclusion. By imposing additional duties on local government agencies, 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, 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 these statutory provisions.
