Existing law provides for the direct marketing of agricultural products, including through certified farmers' markets. Existing law generally provides that everyone is responsible, not only for the result of their willful acts, but also for an injury occasioned to another by that person's want of ordinary care or skill in the management of their property or person, except as specified. This bill, the California Agritourism Liability Act, would define "agritourism activity" as an activity carried out on a farm, ranch, or rural land whose primary business activity is agriculture or ranching and that allows members of the general public to view, enjoy, and participate in rural activities, as provided. The bill would require an agritourism operator to include a warning notice on signs at the agritourism location, as specified. The bill would exempt an agritourism professional from civil liability for injury, loss, damage, or death of a participant of an agritourism activity resulting exclusively from an inherent risk of agritourism activity, as defined, unless the agritourism professional commits an act or omission that is grossly negligent or constitutes willful or wanton disregard for the safety of a participant, has actual knowledge or reasonably should have known of an existing dangerous condition on the land, facilities, or equipment, or dangerous propensity of a particular animal and does not make the danger known to a participant, or knowingly permits participants to use facilities or engage in agritourism activities while under the influence of alcohol or drugs. The bill would require the agritourism professional to plead the affirmative defense of assumption of the risk of agritourism activity.
Existing law requires that a defendant who is in custody and is arraigned on a complaint alleging an offense that is a misdemeanor be entitled to an own recognizance release, unless the court finds that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant, as specified. This bill would specify that public safety for these purposes includes protection from physical or economic injury.
Existing law defines the term "violent felony" for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the three strikes law. The Legislature may directly amend the three strikes law by a statute passed in each house by a 23 vote, or by a statute that becomes effective only when approved by the voters. This bill would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the three strikes law, to include felony domestic violence, as specified. By expanding the scope of an enhancement, 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 classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law imposes an additional one-year term for a sexually violent felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. This bill would additionally define felony hate crimes as a violent felony, as specified. By increasing the punishment for 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 allows for the civil compromise of a misdemeanor offense which has a remedy by a civil action if the person injured by the commission of the misdemeanor appears before the court and acknowledges that they have received satisfaction for the injury. On payment of the costs incurred, existing law allows the court to order all proceedings stayed and discharge the defendant from prosecution. Existing law prohibits civil compromise in certain cases, including, among others, crimes committed riotously, with the intent to commit a felony, or cases involving domestic violence, elder abuse, and child abuse. This bill would extend civil compromise to be available for any felony that is not violent and that does not require registration as a sex offense, and remove the requirement that the underlying offense has a remedy by a civil action. The bill would additionally remove the prohibition on civil compromise for offenses committed riotously or with the intent to commit a felony, and for offenses involving elder abuse through theft, embezzlement, forgery, or fraud. The bill would prohibit civil compromise for any crime that results in death. The bill would extend civil compromise to include nonmonetary resolutions as a form of satisfaction for the injury, as specified.
Existing law prohibits plea bargaining in a case in which a serious felony is charged and imposes a 5-year enhancement for conviction of a serious felony if the person has previously been convicted of a serious felony. Existing law makes a felony in which the defendant personally inflicts great bodily injury on a person a serious felony. Existing law makes it a crime for a person who has the care or custody of a child to willfully cause or permit the person or health of that child to be injured or willfully cause or permit that child to be placed in a situation where the child's health may be endangered, as specified. Existing law imposes a 4-year enhancement on a person who violates that provision and who willfully causes or permits a child to suffer, inflicts thereon unjustifiable physical pain or injury that results in death, or, having the care or custody of a child, willfully causes or permits that child to be injured or harmed, as specified, and that injury or harm results in death. Existing law requires a person who, having the care or custody of a child who is under 8 years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child's death, to be punished by imprisonment in the state prison for 25 years to life. This bill, Ryla's Law, would make the child abuse crimes described above serious felonies for the above-specified purposes. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. Under existing law, a prisoner can reduce their term of imprisonment by earning credit for, among other things, continuous incarceration, good behavior, and participation in approved rehabilitative programming. Existing law prohibits a prisoner convicted of specified felony offenses from earning credit if the prisoner previously has been convicted of one of those felony offenses 2 or more times and has served 2 or more separate prior prison terms. Existing law makes an inmate of a state prison, or of a county jail, who has completed training for assignment to a correctional institution as an inmate firefighter, or who is assigned to a correctional institution as an inmate firefighter, eligible to earn 2 days of credit for every one day served in that assignment or after completing that training. This bill would make a person convicted of specific child abuse crimes ineligible to earn 2 days of credit for every one day served as an inmate firefighter or after completing inmate firefighting training. By reducing the amount of credits an inmate sentenced to county jail can earn, this bill would create 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 classifies controlled substances into 5 schedule and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. Existing law makes transportation and sales of a controlled substances punishable by imprisonment in a county jail for a period of 3, 4, or 5 years and transportation. This bill would increase penalties for an individual who is convicted of one of the above-described offenses that occurred within 10 years of a conviction of possession for sale or transportation for sale related to fentanyl or its analogs, as defined. The bill would also require an individual who is convicted of possession for sale or transportation for sale related to fentanyl and who is granted probation to serve a minimum of 90 days in county jail. The bill would impose a minimum county jail term of 180 days for an individual who is convicted of possession for sale or transportation for sale that occurred within 10 years of a specified conviction related to fentanyl, and impose a minimum county jail term of one year for an individual that has two specified convictions related to fentanyl. The bill would additionally require, as a condition of probation, that an individual pay a specified fine, complete a fentanyl awareness program, and submit to search and seizure by an officer, as specified. By increasing the term of confinement in county jail, this bill would create 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 authorizes, and in some instances requires, the governing board of a school district or community college district to, by majority vote of the governing board, order an election and submit to the electors of the school district or community college district, as applicable, the question whether the bonds of the district should be issued and sold for the purpose of raising money for specified purposes, including, among other things, the repairing, restoring, or rebuilding of a school building damaged, injured, or destroyed by fire or other public calamity. Existing law generally requires, to pass a school bond measure, that at least 23 of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds. Existing law authorizes the governing board of a school district or community college district, as an alternative method to issuing bonds pursuant to the above authority, to, by a 23 vote of the governing board and subject to specified requirements, pursue the authorization and issuance of bonds through an election pursuant to certain provisions of the California Constitution that only require at least 55% of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds. This bill would broaden the specified purposes for which school bonds may be issued to include, among other purposes, the acquisition or lease of real property for school facilities, the construction or acquisition of school facilities, the reconstruction, rehabilitation, or replacement of school facilities, the repairing, restoring, or rebuilding of school facilities damaged, injured, or destroyed by fire or other public calamity, and the supplying of school facilities. The bill would define, for these purposes, "school facilities" to mean buildings, facilities, structures, or real property improvements used or operated in conjunction with one or more public schools or community colleges, including, but not limited to, classrooms, academic buildings, auditoriums, libraries, laboratories, research or training facilities, administrative offices or buildings, health offices or facilities, dormitories, dining halls, student centers or unions, housing for students, faculty, or school or district employees, sports facilities, maintenance, storage, or utility facilities, other related buildings, facilities, structures, or real property improvements used for student instruction, conducting research, or training, or for operating a school facility, and all necessary, usual, or useful attendant and related buildings, facilities, structures, or real property improvements, including, but not limited to, streets, parking, and supportive services facilities or structures, required or useful for the operation of another school facility. The bill would declare that its provisions are severable and are to be liberally construed to effectuate its purposes. To the extent the bill creates additional duties for school districts, community college districts, and local elections officials, 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, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, is guilty of a misdemeanor and may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public resources. The act additionally makes it an infraction for a person less than 21 years of age to plant, cultivate, harvest, dry, or process fewer than 6 living cannabis plants. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent. This bill would amend AUMA to make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person over 18 years of age, but under 21 years of age to plant, cultivate, harvest, dry, or process any quantity of living cannabis plants. The bill would additionally make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person over 21 years of age to plant, cultivate, harvest, dry, or process more than 6 living cannabis plants. By increasing the penalty for 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 defines "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the bias motivation to be a cause in fact of the offense, whether or not other causes also exist. This bill would specify that discriminatory selection of a victim because of a protected characteristic is a type of bias motivation for purposes of determining whether the crime was committed, in whole or in part, because of the protected characteristic. By expanding the definition of a crime, this bill would impose a state-mandated local program. Existing law requires law enforcement to adopt a hate crimes policy, by July 1, 2024, that includes information on bias motivation. For this purpose, existing law defines "bias motivation" to include, among other things, hatred, discriminatory selection of victims, animosity, or resentment. This bill would remove the requirement that law enforcement adopt a policy that includes information on discriminatory selection of victims. 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, until January 1, 2026, prohibits organized retail theft, described as acting in concert with one or more persons to steal merchandise from one or more merchant's premises or online marketplaces with the intent to sell or return the merchandise for value, acting in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acting as an agent of another to steal merchandise from one or more merchant's premises or online marketplaces as part of an organized plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft. Under existing law, a violation of organized retail theft is punishable as either a misdemeanor or a felony. This bill would additionally define organized retail theft to include acting in concert with one or more persons to steal specified types of merchandise, including infant formula, baby food, over-the-counter medications, and blood glucose testing strips, with the intent to sell those items. The bill would make a violation of this provision punishable as a felony. By expanding the application of an existing crime, this bill would impose a state-mandated local program. The bill would also extend the operative date of the prohibition against organized retail theft indefinitely. 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 requires the governing board of a school district to employ persons for positions not requiring certification qualifications and the governing board of a community college district to employ persons for positions that are not academic positions. Existing law requires the governing board of a school district or community college district to classify those employees and positions and requires that they be known as the classified service. Existing law authorizes a school district or a community college district to adopt a merit system that establishes how to employ, pay, and otherwise control the services of classified employees of the school district or community college district. In a school district or community college district that has adopted a merit system, existing law prohibits a person in the permanent classified service from being demoted or removed except for reasonable cause designated by rule of the personnel commission, as provided. Under existing law, any person who willfully or through culpable negligence violates any of the provisions applicable to merit school districts or community college districts is guilty of a misdemeanor. In a school district or community college district that has not adopted the merit system, existing law prohibits disciplinary action for being taken against a classified employee for any cause that arose before the employee became permanent, or for any cause that arose more than 2 years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district. In a school district or community college district that has adopted the merit system, this bill would similarly prohibit disciplinary action from being taken against a member of the permanent classified service for any cause that arose before the employee became a member of the permanent classified service, or for any cause that arose more than 2 years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district. Because a violation of the bill would be a crime, 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.
