Existing law requires the State Department of Social Services to license and regulate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and childcare centers. Existing law requires the department to obtain a criminal record for all applicants for licenses for these facilities and services and specified other employees and officers of these facilities. Existing law requires the department to issue an exemption from disqualification to certain applicants who have been convicted of an offense, if the individual's state and federal criminal history information independently supports a reasonable belief that the applicant is of present good character necessary to justify the granting of an exemption, as specified. Existing law authorizes the department to use its discretion in evaluating a an individual for the purposes of making an exemption decision, as necessary to protect the health and safety of a child. This bill would require the department to issue an exemption from disqualification for current or former foster youth who have been convicted of certain offenses that occurred prior to the individual reaching 21 years of age and the youth will be employed in a peer support capacity and not a caregiving capacity and would not require any additional evidentiary showing.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, which is continuously appropriated to the board. Existing law authorizes the board to grant for pecuniary loss, when the board determines that it will best aid the person seeking compensation, as specified. Existing law authorizes the board to reimburse, among other things, the amount of medical or medical-related expenses and outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, as specified. This bill would also authorize the board to reimburse the expense of tuition at an educational institution, not to exceed $10,000, to a full- or part-time student who is a victim of sexual assault or violence if the victim is unable to continue attendance or suffers an academic setback, as described. The bill would authorize the board to limit compensation to the term the crime occurred and the immediately following term, and would require the calculation of an award based on certain factors, as specified. By expanding the board's authorization for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation.
Existing law, the Genetic Information Privacy Act, requires a direct-to-consumer genetic testing company, as defined, to provide a consumer with certain information regarding the company's policies and procedures for the collection, use, maintenance, and disclosure, as applicable, of genetic data, and to obtain a consumer's express consent for collection, use, or disclosure of the consumer's genetic data, as specified. Existing law assesses a civil penalty not to exceed $1,000 for a negligent violation of these provisions, and a civil penalty between $1,000 and $10,000, inclusive, for a willful violation of these provisions. This bill would require all local law enforcement agencies in the state to report to the Attorney General starting July 1, 2027, and annually thereafter, the number of reports filed in the past year on the theft of deoxyribonucleic acid (DNA) and the current status of those cases. The bill would require the Attorney General to, on or before January 1, 2028, report to the Legislature, and post on its internet website, the number of police reports filed on the theft of DNA and the current status of those cases. By increasing duties on local law enforcement, 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 the statutory provisions noted above.
Existing law creates the Office of Youth and Community Restoration within the California Health and Human Services Agency to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system, as specified. Existing law grants the office the responsibility and authority to report on youth outcomes, identify policy recommendations, identify and disseminate best practices, and provide technical assistance to develop and expand local youth diversion opportunities. Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition, as specified. Existing law authorizes a probation officer who concludes that a minor is within the jurisdiction of the juvenile court or would come within the jurisdiction of the court if a petition was filed, in lieu of filing a petition to declare a minor a ward of the court or requesting that a petition be filed by the prosecuting attorney, to declare a minor a ward of the court, as specified, to refer the minor to services provided by a health agency, community-based organization, local educational agency, an appropriate nonlaw enforcement agency, or the probation department. This bill would authorize, until January 1, 2030, the Office of Youth and Community Restoration to establish a grant program to create a youth court diversion pilot program. The bill would authorize the office, upon appropriation by the Legislature, to award 6 one-time grants to 6 counties to establish a youth diversion program for first-time misdemeanor juvenile offenders. The bill would specify the criteria for a juvenile to participate in the pilot program, including, among other things, the types of offenses for which a juvenile may participate in the pilot program. The bill would require that juveniles participating in the program appear before a jury composed of high school student volunteers who have been trained and mentored by attorneys from the district attorney and public defender's offices. The bill would require the student volunteers to determine a disposition, as specified, and would prohibit the student jury from making a determination of guilt or innocence. The bill would specify the minimum requirements for youth court diversion proceedings pursuant to these provisions. The bill would also require participating counties to annually provide a report to the office regarding the juveniles who have completed the program.
Existing law makes it unlawful, under circumstances or conditions likely to produce great bodily harm or death, to willfully cause or permit a child to suffer, or to inflict thereon unjustifiable physical pain or mental suffering, or, having the care or custody of a child, to willfully cause or permit the person or health of that child to be injured, or to willfully cause or permit that child to be placed in a situation where their person or health may be endangered and a violation of these provisions punishable as a misdemeanor or felony. This bill would make any adult who solicits or recruits a minor to commit a felony guilty of child endangerment pursuant to the provisions above and would, in addition and consecutive to any other punishment, make a violation punishable as a sentence enhancement in the state prison for 2, 4, or 6 years. By creating a new 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.
Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Under existing law, if a vehicle accident results in injury, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison, or in a county jail for not more than one year, or by a specified fine, or both the imprisonment and fine. Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law requires a person who flees the scene of the crime after committing specified vehicle manslaughter while intoxicated or vehicle manslaughter to be punished for an additional term of imprisonment of 5 years in the state prison, upon conviction, and in addition and consecutive to the punishment prescribed. This bill would instead require a person who violates the requirement to stop to be subject to punishment by imprisonment in the state prison for 3, 4, or 5 years, or in a county jail for not less than 90 days nor more than one year, and by a specified fine, if the vehicle accident results in death.
Existing law establishes specified rights for victims and witnesses of crimes, including to be notified or informed regarding specified court proceedings and the right to have a support person present at any interviews with law enforcement for a victim of domestic violence or sexual assault. Existing law requires a law enforcement agency to inform a victim of the rights they may have. This bill would state that a victim of sexual assault or domestic violence has the right to a fair, unbiased, and complete investigation by law enforcement. The bill would require a district attorney to establish a process for reviewing and investigating reported cases of sexual assault or domestic violence and would require that process to include a report to the victim explaining the decision whether or not to bring criminal accusations and which accusations to allege. Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to create courses of training that must be completed by persons before those persons can become peace officers. The commission is also required to create guidelines and training courses for peace officers on specified law enforcement topics, including the investigation of domestic violence complaints and sexual assault. This bill would require those courses and guidelines to include trauma-informed methods for responding to victims, gender-neutral or gender-inclusive language in reporting, and best practices for bias prevention. The bill would require the commission to prepare a course on gender bias in responding to reports of sexual assault and domestic violence and would require that course to adhere to guidance provided by the Department of Justice, as specified. Existing law establishes the State Department of Public Health and charges it with providing education and outreach to the public on various issues relating to public health, such as lyme disease, human immunodeficiency virus and acquired immune deficiency syndrome, and hepatitis C. This bill would require the department to develop materials to educate the public that all genders may be the victim of sexual assault and domestic violence, that all genders may perpetrate sexual assault and domestic violence, and that all genders have equal rights to safety, shelter, and legal protections and remedies. Because this bill would create new duties for local law enforcement agencies, 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 the statutory provisions noted above.
Existing law prohibits the touching of an intimate part, as defined, of another person if the touching is against the will of the person touched and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse. Existing law makes a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor who engages in specified sexual acts or sexual contact with a patient or client guilty of sexual exploitation and makes a violation of those provisions a crime, except as specified, punishable as a misdemeanor or a felony. This bill would make a member of the clergy, as defined, who engages in specified sexual acts or contact with a current or former patient, client, or member of the congregation, as specified, guilty of sexual exploitation by a member of the clergy. The bill would specify that consent is not a defense to a violation of that provision and would make the crime punishable as a misdemeanor or a felony. By creating a new 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 authorizes every person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of that imprisonment or restraint. Existing law also authorizes a writ of habeas corpus to be prosecuted on the basis that competent and substantial expert testimony relating to intimate partner battering and its effects was not presented to the trier of fact at the trial court proceedings and is of such substance that, had the competent and substantial expert testimony been presented, there is a reasonable probability, sufficient to undermine confidence in the judgment of conviction or sentence, that the result of the proceedings would have been different. This bill would additionally authorize a writ of habeas corpus to be prosecuted on the basis that evidence or argument likely to trigger gender-based stereotypes was admitted or relied upon by the prosecution at trial in a manner that created a reasonable probability that the outcome would have been different if such evidence was not admitted or argument offered. The bill would provide that evidence or argument likely to trigger gender-based stereotypes includes, but is not limited to, information concerning a defendant's sexual activity, sexual orientation, sexual partners, reproductive choices, gender presentation, clothing, or romantic relationships, when offered in a matter that may invoke gender-based stereotypes. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill may result in the exclusion of evidence that would otherwise be admissible in a criminal proceeding, the bill would require a 23 vote of the Legislature.
Existing law establishes the Commission on Peace Officer Standards and Training, and requires the commission to, among other things, establish a certification program for peace officers, as defined. Existing law requires the commission, in consultation with specified subject matter experts, to develop guidelines and a course of instruction and training for law enforcement officers, including, but not limited to, hate crimes, elder and dependent abuse, and stalking. This bill would require peace officers assigned primarily to traffic enforcement to complete a National Highway Transportation Safety Administration (NHTSA) -approved standard field sobriety testing course of a minimum of 16 hours within one year of their assignment and, if an officer leaves employment with a law enforcement agency and does not become employed by a law enforcement agency within 2 years of their departure date, would require the officer to complete any of several specified commission-certified training courses, including a NHTSA refresher course if they are assigned to traffic enforcement. Because this bill would require additional training for local peace officers, 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 the statutory provisions noted above.
