Existing law requires any person who purchases or receives a firearm to possess a firearm safety certificate. Existing law also prohibits a person from selling or transferring a firearm to any person who does not possess a firearm safety certificate. A violation of either of these provisions is punishable as a misdemeanor. Existing law requires a personal firearm importer, within 60 days of bringing any firearm into this state, to, among other things, submit a report including information concerning that individual and a description of the firearm in question to the Department of Justice. Existing law requires that a personal firearm importer be found to have complied with these provisions if certain requirements are satisfied. This bill would extend the above-described time period to within 180 days and would also require, commencing January 1, 2028, that personal firearm importer to certify under penalty of perjury that they have obtained a valid firearm safety certificate, or an exemption to the certificate requirement, as specified, and would make a failure to provide specified information in the report an infraction. The bill would prohibit a person from bringing a firearm into this state without obtaining a valid firearm safety certificate within 180 days, except as specified, and make a violation of this provision an infraction. The bill would remove the requirement that a personal firearm importer be found to have complied with these provisions if certain requirements are satisfied. By creating a new crime, and expanding the crime of perjury, this bill would impose a state-mandated local program. Existing law requires any costs incurred by the department to implement the above-described provisions regarding personal firearm importers to be absorbed by the department within its existing budget and fees allocated in the Dealers' Record of Sale Special Account. This bill would authorize the appropriation of additional funds for implementation of the above-described provisions if the department determines that sufficient funding is not available to implement these provisions. Existing law requires an applicant for a firearm safety certificate to pass a test developed by the department covering specified subjects, including, among others, the laws applicable to carrying and handling firearms and the responsibilities of ownership of firearms. This bill would require an applicant for a firearm safety certificate, on or after January 1, 2029, to complete within the prior year a training course no less than 4 hours in length that, among other things, includes instruction on firearm safety and handling and live-fire shooting exercises on a firing range. The bill would authorize the Department of Justice to promulgate regulations and provide additional information for the implementation of these provisions. This bill would provide that the provisions of this bill are severable. 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, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on October 1, 2024, existing law makes arrest record relief available to an eligible person if the arrest occurred on or after January 1, 1973. Under existing law, a person is eligible for arrest record relief under these provisions if, among other things, the arrest was for a misdemeanor offense and the charge was dismissed. This bill, on and after October 1, 2029, additionally makes a person eligible for that relief if the arrest was for a felony offense, all charges arising from the arrest were dismissed, one year has elapsed since the date on which the most recent charge arising from the arrest was dismissed, and no charge arising from the arrest was refiled or is pending during that period. Under existing law, a person is eligible for automatic conviction record relief if the person meets certain requirements, including that it does not appear, based upon information available in the Department of Justice's record, that the person is currently serving a sentence of an offense and there is no indication of pending criminal charges. This bill would, on and after October 1, 2029, require, in determining whether there is a pending criminal charge based on the department's records, the department to conclude that there is no indication of pending criminal charges if at least 3 years have elapsed with no new activity related to that record. The bill would require, in determining whether a person is currently serving a sentence for an offense, the department to conclude that the person is no longer serving a sentence if the department is unable to determine whether a sentence is complete and at least 7 years have passed since the date of conviction. Existing law, subject to an appropriation, on a monthly basis, requires the department to electronically submit a notice to the superior court having jurisdiction over the criminal case and inform the court of all cases for which a complaint was filed and for which relief was granted pursuant to the provisions above. Existing law, for any certain record retained by the court, prohibits the court from disclosing information concerning a conviction granted relief pursuant to specified provisions, including the above provisions, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency. This bill would, on and after October 1, 2029, expand the above-described prohibition to include other provisions that authorize relief from a conviction. By placing additional duties on court staff, this bill would create a state-mandated local program. This bill would, on and after October 1, 2029, also require a court, upon the request of the subject of a record granted relief, to furnish a register of action confirming the court's receipt of notification and compliance with a grant of relief for a specified record granted relief under the above provisions. This bill would incorporate additional changes to Section 1203.425 of the Penal Code proposed by SB 1395 to be operative only if this bill and SB 1395 are enacted and this bill is enacted last. 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, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess or have under their custody or control, any firearm and makes a violation of that prohibition punishable as a misdemeanor or a felony. Under existing law, a person who alters, removes, or obliterates, or who buys, receives, disposes of, sells, offers for sale, or has in possession any pistol, revolver, or other firearm that has had the name of the maker or model or the manufacturer's number or other mark of identification changed, altered, removed, or obliterated is guilty of a misdemeanor. This bill would prohibit a person, who is convicted on or after January 1, 2027, of the above prohibition, from owning, purchasing, receiving, or having in their possession or under their custody or control any firearm within 10 years of the conviction. By expanding the scope of an existing crime, the bill would create a state-mandated local program. This bill would provide that the provisions of this bill are severable. This bill would incorporate additional changes to Section 29805 of the Penal Code proposed by AB 1753 to be operative only if this bill and AB 1753 are enacted and this bill is enacted last. 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) Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minor's welfare. This bill would prohibit the court from ordering that a minor be detained in a juvenile hall unless it makes a finding that a less restrictive alternative to detention in the juvenile hall is unsuitable. The bill would also require the court, upon request, to reconsider whether continued detention in the juvenile hall is necessary based on new or current information and consistent with these provisions. (2) Existing law prohibits a ward or dependent child from being taken from the physical custody of a parent or guardian unless the court makes specified findings. Under existing law, if a minor is removed from the physical custody of the minor's parent or guardian as a result of an order of wardship pursuant to specified provisions, the order is required to specify the period of imprisonment. Existing law authorizes the court to commit a minor to a juvenile hall, juvenile home, ranch, camp, or forestry camp. This bill would prohibit a minor from being committed to physical confinement, unless the court finds that a less restrictive alternative disposition for the ward is unsuitable. The bill would require the court to consider, prior to removing a minor from the physical custody of the minor's parent or guardian, whether reasonable efforts were made to prevent or eliminate the need for removal or continued removal from the home, and whether services could be provided to enable the child's parent or legal guardian to effectively provide the care and control necessary for the child to return home.
Existing law makes it a crime to, by force, threat of force, or physical obstruction that is a crime of violence, intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship. This bill would make it unlawful for a person to, within a radius of 100 feet from an entrance or exit of a place of religious worship, as defined, intentionally approach another person seeking to enter or exit a place of religious worship within 8 feet of that person to either pass a leaflet or handbill to, display a sign to, or engage in oral protest or education or to harass, obstruct, threaten, or intimidate the person or occupant. The bill would, for the purposes of determining that distance, measure from the body of the person seeking to enter or exit, or the exterior of a motor vehicle they occupy, to the body of, or any sign or object held by, the other person. The bill would prescribe specified fines, imprisonment, or fine and imprisonment for a violation of these provisions. 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 law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data, such as specifically stating the length of time that recorded data is to be stored, when establishing policies and procedures for the implementation and operation of a body-worn camera system, as specified. This bill would require, on or before July 1, 2027, each law enforcement agency that has a body-worn camera policy to update that policy to include a procedure for emergency service personnel to request the redaction of evidentiary and nonevidentiary recordings of a patient undergoing medical or psychological evaluation, procedure, or treatment by emergency service personnel, and to maintain an unredacted copy of the recording consistent with the policies and procedures of the agency. By requiring local law enforcement agencies to adopt new policies, 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 prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of a legally protected health care activity, as defined, or for obtaining a legally protected health care activity, if the legally protected health care activity is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a legally protected health care activity. Existing law prohibits specified persons, including a judicial officer, a court employee, or an authorized attorney, among others, from issuing a subpoena in connection with a proceeding in another state regarding an individual performing, supporting, or aiding in the performance of a legally protected health care activity in this state, or an individual obtaining a legally protected health care activity in this state, if the legally protected health care activity is lawful in this state. This bill would make those provisions apply regardless of the patient's location. Existing law authorizes the Governor to surrender, on demand of the executive authority of any other state, any person in this state charged in the other state with committing an act in this state, or in a 3rd state, intentionally resulting in a crime in the state whose executive authority is making the demand. This bill would additionally prohibit a state or local law enforcement agency or officer from knowingly arresting or participating in the arrest of any person who the Governor has declined to surrender. Existing law requires any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. Existing law prohibits a California corporation that provides electronic communication services or remote computing services to the general public from complying with an out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration described above. This bill would extend those provisions to also apply to a California corporation that provides financial services, as defined, to the general public. By expanding the situations in which a declaration under penalty of perjury is required, this bill would expand the scope of the crime of perjury and impose a state-mandated local program. The bill would authorize the Attorney General to commence an action to enforce these provisions, as specified, and would authorize the court to assess a statutory penalty of $10,000 for a first violation, and $15,000 for a 2nd or subsequent violation, against any person or entity found to have intentionally, knowingly, willingly, or recklessly complied with or provided information in response to an inquiry, investigation, subpoena, or summons regarding legally protected health care activity in violation of these provisions. 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 makes it a crime for a person to operate or use an unmanned aerial vehicle, remote-piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby impede the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified. Existing law makes everyone responsible for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person, as provided. This bill would prohibit a person from operating or using an unmanned aerial vehicle, remote-piloted aircraft, or drone to knowingly or recklessly interfere with, among other things, a wildfire suppression or law enforcement or emergency response efforts related to a wildfire suppression. The bill would authorize the Attorney General or a county counsel or city attorney to bring civil action to enforce the prohibition and authorize a prevailing plaintiff to recover civil penalties, injunctive relief, or reasonable attorney's fees and costs, as specified.
Existing law generally punishes the willful disobedience of a court order as contempt of court by imprisonment in a county jail for a term not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If a violation of specified protective orders or stay-away court orders results in a physical injury, the individual is required to be in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence suspended. This bill would make a willful and knowing violation of specified criminal protective orders or stay-away orders punishable as either a misdemeanor or a felony if the subject of the criminal protective order was charged with, or convicted of, a felony for the conduct upon which the criminal protective order was based. The bill would make a second or subsequent conviction for a violation of specified protective orders or stay-away orders a felony. If a violation of specified protective orders or stay-away orders alleges a physical injury, the bill would require the court to consider the violation of the protective order or stay-away order and alleged injury when considering the seriousness of the offense charged and the protection of the public for purposes of setting, reducing, or denying bail. 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 establishes procedures for a judge to disqualify themselves from a case. Under existing law, if a judge who should disqualify themselves refuses or fails to do so, a party may file with the clerk a written verified statement objecting to the hearing or trial before the judge and setting forth the facts constituting grounds for disqualification of the judge. Existing law requires copies of the statement to be served on each party and personally served on the judge alleged to be disqualified or on their clerk, provided that the judge is present in the courthouse or in chambers. This bill would require the statement to be served during regular business hours on the judge alleged to be disqualified at the courthouse in which the judge is sitting. The bill would, in addition to the clerk, permit service of the statement on the designee of the clerk of the court, provided that the judge is present in the courthouse or in chambers.
