Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. Existing case law prohibits the use of a minor's statements made at a transfer hearing or to a probation officer from being used during a criminal prosecution of the minor transferred to the court of criminal jurisdiction. This bill would codify existing case law to prohibit the use of the minor's statements made during a transfer hearing or to the minor's probation officer for the purposes of preparing a report for a transfer hearing from being used against the minor during subsequent juvenile proceedings or subsequent criminal proceedings, as specified. This bill would state that the provisions of this bill are declaratory of existing law.
Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons and requires regulations, which are adopted by the Department of Corrections and Rehabilitation, to recognize and consider the value of incarcerated person visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing incarcerated persons for successful release and rehabilitation. Existing regulations create the framework for establishing a visitation process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations. This bill, the Humanizing and Uniting Generations Safely Act of 2026, would additionally require those regulations pertaining to incarcerated person visits to recognize and consider the importance of physical contact in incarcerated person visitation. The bill would prohibit the department from unreasonably restricting the ability of incarcerated persons or their visitors to engage in certain types of nonsexual physical contact throughout the visit, as provided. The bill would prohibit the department from taking disciplinary action based on alleged inappropriate physical contact, without first providing a warning and a reasonable opportunity to immediately correct the conduct.
Existing law makes a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or to effect or maintain a violation of various felony or misdemeanor offenses, including offenses relating to prostitution, child pornography, as specified, or extortion, as defined, guilty of human trafficking. Existing law makes a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of various felony or misdemeanor offenses, also guilty of human trafficking. Existing law establishes the requirements for a continuance to be granted in a criminal case, including a showing of good cause. Existing law defines "good cause" for this purpose to include, but not be limited to, cases involving specified crimes, including murder and domestic violence, and to apply when the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. This bill would, in a case involving human trafficking, require the court, in determining if good cause for a continuance exists, to give great weight to the fact that the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. The bill would authorize the court to grant only one continuance for a maximum of 10 additional court days for that reason. This bill would incorporate additional changes to Section 1050 of the Penal Code proposed by AB 2052 to be operative only if this bill and AB 2052 are enacted and this bill is enacted last.
Existing law requires a public guardian to apply for appointment as a guardian or conservator of the person, the estate, or the person and estate if there is an imminent threat to a person's health or safety or the person's estate, there is no one else who is qualified and willing to act, as specified, the appointment would be in the best interests of the person, and the person is domiciled in the county. Existing law similarly requires a court to order a public guardian of a county to apply for appointment as a guardian or conservator if it appears that there is no one else who is qualified and willing to act, that the appointment as guardian or conservator appears to be in the best interests of the person, and the person is domiciled in the county. Existing law grants a public guardian a variety of powers, including the right to take control of real or personal property, issue written certification of this fact, and restrain a person from transferring, encumbering, or disposing of real or personal property held in a trust, as specified. Under existing law, a written certification issued by a public guardian and public conservator for these purposes is valid for 30 days after its issuance. Existing law requires a financial institution or other person, without inquiring into the truth of the written certification and without court order or letters being issued, to provide the public guardian or public conservator with specified information, including, among other things, property held in the sole name of the proposed ward or conservatee, and to take specified actions. Existing law establishes the public administrator as an officer of a county. Existing law regulates the administration of estates of decedents and permits the public administrator to be appointed to administer these estates under certain circumstances. Existing law grants public administrators a variety of powers in this regard, including the right to take control of a decedent's property, issue written certification of this fact, and summarily dispose of property, as specified. Under existing law, a written certification issued by a public administrator for these purposes is valid for 30 days after its issuance. Existing law requires a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person, without inquiring into the truth of the written certification, without requiring a death certificate, without charge, and without court order or letters being issued, to perform specified functions, including providing the public administrator complete information concerning property held in the sole name of the decedent, including names and addresses of beneficiaries or joint owners, and granting the public administrator access to a safe-deposit box rented in the sole name of the decedent, as specified. This bill would remove the requirement that the property be held, or the safe-deposit box be rented, in the sole name of the decedent. The bill would authorize a court to award sanctions of no less than $1,000 per violation for fees paid and costs incurred for failure of a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person, as specified, to comply with these requirements following receipt of service of notice of at least 30 days. The bill would make written certifications issued by a public guardian, public conservator, and public administrator to take possession or control of property valid for 60 days and would make changes to the form that a written certification is required to substantially comply with, including, among other things, requiring the social security number, date of birth, and last address of the individual to which the written certification applies. The bill would also provide a form for the written certifications for summary administration and summary disposition and would require that those certifications substantially comply with that form.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. Existing law sets forth provisions for the calculation of the amount of CalWORKs aid eligible to a household based in part on the size of the assistance unit. Under existing law and CalWORKs rules, aid is not affected for a member of the assistance unit who is temporarily absent from the home, and a child who is a patient in a public or private hospital for medical or surgical care is considered temporarily absent from the home for the duration of the hospital stay. Under this bill, beginning July 1, 2027, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automations, whichever is later, a child or other member of the assistance unit who is detained in a federal immigration detention facility would be considered temporarily absent from the home for the duration of the detention. Under the bill, the assistance unit would remain eligible to continue receive assistance and services if specified conditions are met, including that the remaining members of the assistance unit continue to meet eligibility requirements. The bill would authorize any written sworn statement by the applicant or recipient to be sufficient to establish that a member of the assistance unit has been detained in an immigration detention facility. The bill would authorize the department to implement these provisions through all-county letters or similar written instructions until regulations are adopted. The bill would make related legislative findings. By creating new duties for counties relating to expanded eligibility under CalWORKS, the bill would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of the bill. 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 Medical Practice Act, establishes the Medical Board of California and charges it with administrative and enforcement duties related to the provision of medical services under the act. Existing law establishes requirements for the delivery of medical services, including via telehealth by specified health care providers. A violation of the act is a crime. Under existing law, a "health care provider," for purpose of the act, includes a qualified autism service provider that is certified by a national entity or a qualified autism service professional, as specified. This bill would expand that definition of "health care provider" to also include a qualified autism service paraprofessional. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The Personal Income Tax Law and the Corporation Tax Law allow a credit against the taxes imposed by those laws, for taxable years beginning on or after January 1, 2021, and before January 1, 2027, for rehabilitation of certified historic structures, as defined, and, under the Personal Income Tax Law, for a qualified residence, as defined. Existing law allows an increased credit of 25% of the qualified rehabilitation expenditures with respect to a certified historic structure meeting any of certain criteria, including a rehabilitated structure that includes affordable housing for lower income households. Existing law requires a taxpayer to receive an allocation from the California Tax Credit Allocation Committee (CTCAC) to be eligible for the credit. Existing law limits the aggregate amount of money that can be allocated for these credits per calendar year. Existing law requires, on an annual basis beginning January 1, 2021, until January 1, 2027, the Legislative Analyst to collaborate with the CTCAC and the State Office of Historic Preservation to review the effectiveness of these tax credits, as described. This bill would require the Legislative Analyst to submit a review of the effectiveness of the tax credits for taxable years beginning on or after January 1, 2025, and before January 1, 2027, to the Legislature, as specified. This bill, for taxable years beginning on or after January 1, 2027, and before January 1, 2032, would enact a similar credit against the taxes imposed by the Personal Income Tax Law and the Corporation Tax Law for the rehabilitation of certified historic structures, as provided. The bill, for tax credits allocated for those taxable years, would remove the above-described increased credit of 25% and would remove the credit for a qualified residence. The bill would also remove the limit on the amount of money that can be allocated per calendar year, and would instead require the limit to be set by the Legislature in the annual Budget Act or another measure. The bill would provide additional requirements relating to the manner in which the credits are allocated. Existing law requires any bill authorizing a new tax expenditure, as defined, to include exclusions from income, to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would include findings and reporting requirements in compliance with this requirement. This bill would take effect immediately as a tax levy.
The California Beverage Container Recycling and Litter Reduction Act requires a distributor of beverage containers to pay to the department a redemption payment for every beverage container sold or offered for sale, as provided. The act requires the department to deposit those amounts into the California Beverage Container Recycling Fund. The act requires the fund to be continuously appropriated to the department for specified purposes, including, among other things, to pay refund values, administrative fees, and processing payments associated with the collection and recycling of empty beverage containers. Until July, 1, 2027, the act authorizes the department to pay a market development payment to a reclaimer for empty plastic beverage containers and to a product manufacturer for plastic flake, pellet, sheet, or other form of plastic purchased from a reclaimer, as provided. Through the 2025–26 fiscal year, the act continuously appropriates money from the fund to the department for market development payments to reclaimers and product manufacturers for empty plastic beverage containers, as provided. This bill would extend the department's authorization to make these market development payments until July 1, 2029, and would require the department to establish a singular market development payment for empty polyethylene terephthalate (PET) plastic beverage containers collected for recycling and a singular market development payment for PET plastic collected and processed into flake or pellet, as specified. By authorizing a new use for continuously appropriated funds, this bill would make an appropriation. The bill would authorize the department to expend up to $35,000,000 annually for market development payments to reclaimers and product manufacturers. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law, known as tied-house restrictions, generally prohibits specified licensees from giving or lending money or a thing of value to a person operating, owning, or maintaining premises where alcoholic beverages are sold. Existing law creates various exceptions to tied-house restrictions, including permitting a licensee to perform specified services for off-sale licensees including, among other things, rotating or rearranging the brand or brands owned or sold by the licensee, as specified. This exception is limited to beer, and brands of distilled spirits in single-serve containers, and wine in single-serve containers.Existing law defines "single-serve containers" for this purpose to mean containers that have a standard fill, as defined by federal law, of between 50 and 355 milliliters for distilled spirits and between 187 and 355 milliliters for wine, whether sold individually or in multiple container packaging, the contents of which are intended to be consumed without mixing with any other substance. This bill would instead limit the exception to beer and to brands of distilled spirits or wine in containers not exceeding 500 milliliters in volume, whether sold individually or in multiple container packaging, that are intended to be consumed without mixing with any other substance.
The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless, among other things, a permit is obtained from, a specified reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation of the surface mining operation. The act requires, within 90 days of a surface mining operation becoming idle the operator to submit an interim management plan to the lead agency for review. Under existing law, the review and approval of an interim management plan is not a project for the purposes of the California Environmental Quality Act (CEQA) . The act authorizes the interim management plan to remain in effect for a period not to exceed 5 years, which may be renewed for an additional period not to exceed 5 years, and which may be renewed for one additional 5-year renewal period at the expiration of the first 5-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan, as provided. This bill would, until January 1, 2033, authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the Division of Mine Reclamation to review and comment on an application for "Idle Reserve Mine Status" to determine whether specified conditions are met. If the division concludes that all of the specified conditions are met and comments on the application for "Idle Reserve Mine Status," and if the lead agency approves "Idle Reserve Mine Status," the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided. The bill would authorize the State Mining and Geology Board to adopt regulations to implement these provisions. The bill would require the division to, on or before December 31, 2028, compile and post on its internet website specified information. The bill would provide that the approval of "Idle Reserve Mine Status" is not a project for purposes of CEQA. The act requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether a surface mining operation is in compliance with the act. This bill would expressly include in the above-described inspection requirement surface mining operations that are active, idle, in "Idle Reserve Mine Status," newly permitted, or in the process of being reclaimed. The bill would revise and recast the definition of "idle" and would define, for purposes of the act, "active," "in the process of being reclaimed," and "reserves." Existing law requires the owner or operator of a mining operation within the state to, among other things, annually report specified information to the Supervisor of Mine Reclamation, including the mining operation's status as active, idle, reclaimed, or in the process of being reclaimed. Existing law requires the State Mining and Geology Board to impose, by regulation, an annual reporting fee on, and method for collecting that fee from, each active or idle mining operation. This bill would add "Idle Reserve Mine Status" as a reportable status of a mining operation described above. The bill would require the board to instead impose the above-described annual reporting fee on each mining operation that is newly permitted, active, idle, in "Idle Reserve Mine Status," or in the process of being reclaimed. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law provides that any person who comes within the provisions of specified statutes and who otherwise meets all standards imposed by law on a peace officer is a peace officer, grants certain authority to those individuals and their employing entities, and places certain requirements on those individuals and their employing entities. Existing law also grants specified limited arrest authority to certain other persons, including federal criminal investigators, park rangers, and peace officers from adjoining jurisdictions. Existing federal law authorizes tribal governments to employ tribal police for the enforcement of tribal law on tribal lands. Existing federal law requires the State of California to exercise criminal jurisdiction on Indian lands. Existing state law deems a tribal police officer who has been deputized or appointed by a county sheriff as a reserve or auxiliary deputy to be a peace officer in the State of California. Existing law, from July 1, 2026, until July 1, 2029, establishes the Tribal Police Pilot Program under the Department of Justice and the Commission on Peace Officer Standards and Training that grants peace officer authority to certain tribal police officers on Indian lands and elsewhere in the state under specified circumstances. Existing law authorizes the department to select 3 federally recognized tribes to participate in this pilot program, sets certain minimum qualifications and certification and training requirements for a tribal officer to act pursuant to this authority, and places certain requirements on the employing tribe, including a limited waiver of sovereign immunity and the adoption of a tribal law or resolution that authorizes the exercise of that authority and provides for public access to certain records. This bill would rename the pilot program to the Tribal Police Program and would extend the program indefinitely. Existing law creates the Tribal Police Pilot Fund in the State Treasury to, upon appropriation by the Legislature, assist program participants with the cost of information technology necessary to comply with reporting requirements for law enforcement agencies. This bill would rename that fund to the Tribal Police Fund.
Existing law requires the Director of Pesticide Regulation to adopt regulations relating to worker health in areas where pesticides are used so that pesticide residue levels are not a significant factor in cholinesterase depression or other health effects. Existing law requires that an employer who has an employee who regularly handles pesticides have an agreement with a medical supervisor who is registered with the Office of Environmental Health Hazard Assessment (OEHHA) . Existing law requires that a laboratory that performs tests ordered by a medical supervisor report specified information to the Department of Pesticide Regulation on, at a minimum, a monthly basis. Existing law requires that the reports be submitted via electronic media and formatted in a manner approved by the director. Existing law requires the Department of Pesticide Regulation to share information from cholinesterase reports with the OEHHA and the State Department of Public Health on an ongoing basis, in an electronic format. Existing law requires the registered medical supervisor ordering a cholinesterase test to note in the test order the name of the medical supervisor and the purpose of the test, and ensure that the person tested and the employer receive a copy of the cholinesterase test results and any recommendations from the medical supervisor based upon those results within 14 days of the medical supervisor's receipt of the results. Existing law requires the medical supervisor to report any worker with cholinesterase depression indicating pesticide exposure to the local health officer within 24 hours. These provisions are operative until January 1, 2027. This bill would extend these provisions until January 1, 2030.
