Existing law requires the Department of Justice to keep a centralized list of all persons who are licensed firearms dealers and satisfy certain requirements, including having a valid federal firearms license and a regulatory or business license required by local government. Existing law requires the department to remove a person from the list if the person's federal license has expired or been revoked. Existing law, beginning on January 1, 2024, requires the department to conduct inspections of firearms dealers at least every 3 years, except as provided, to ensure compliance with specified requirements. As part of the department's inspections of firearms dealers, existing law requires the department to audit a dealer's records that includes a sampling of at least 25% but no more than 50% of each record type. Existing law requires the department to assess annual fees not to exceed specified amounts to cover the reasonable costs of inspecting and maintaining this list and other similar centralized lists. This bill would require the department to remove from the list a person who fails to comply with the requirements to be on the list and authorize the department to remove a person from the list who fails to remedy specified violations discovered as a result of the above-described inspections. The bill would subject a person removed from the list for failure to remedy specified violations to a fine and would authorize that person to be ineligible to be placed on the list for a period of 2 years. The bill would require the department to conduct a yearly inspection of the 10 firearm dealer locations with the highest percentage of firearms that were recovered by law enforcement and found to be illegally possessed, used in a crime, or suspected to have been used in a crime, as specified, pursuant to a certain yearly report. The bill would, for the fees charged for inspecting and maintaining the above-described lists, instead require the department to assess a reasonable annual fee. The bill would prohibit a fee adjustment from exceeding 15% over the previous year and exceeding the amount necessary to cover the costs described above.
Existing law requires law enforcement and state and local governments to interact with and report on federal action against individuals based on their perceived or actual immigration status in various specified manners. Under existing law, for example, a local governing body of any county, city, or city and county in which a local law enforcement agency has provided access to an individual during the last year by the federal Immigration and Customs Enforcement (ICE) is required to hold at least one community forum, as specified, to provide public information about ICE's access to individuals and to receive and consider public comment. This bill would establish within the Department of Justice on July 1, 2027, the Working Group on Civil Rights Accountability, consisting of 12 appointed members, to develop and maintain a statewide reporting dashboard with specific data fields to document and categorize alleged constitutional or civil rights violations arising from federal immigration enforcement activities within the state. The bill would require a nonprofit organization, if eligible as specified, to be authorized to submit reports to the dashboard. The bill would require the department to establish specific standards, protocols, and procedures for a nonprofit organization to submit reports to the dashboard, including establishing data verification procedures. The bill would require the working group, beginning January 1, 2028, and on each January 1 thereafter, to submit a report of specific information and policy recommendations to the Legislature and make that annual report publicly available. This bill would also exempt the reports required pursuant to the above-described provisions from the disclosure requirements of the California Public Records Act. The bill would make legislative findings and declarations in support of its provisions. 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, until January 1, 2031, authorizes a city or county prosecuting attorney or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses. Existing law requires the prosecuting attorney in a participating county to either refer the case to the county probation department to conduct a prefiling investigation report and determine the appropriateness of program placement or, if the prosecuting attorney's office operates the program, determine if the case is appropriate for referral. Existing law requires the county probation department or prosecuting attorney's office to consider certain factors for referral, including, among others, whether the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program. This bill would require the prosecutor or county probation department, for certain theft offenses, including shoplifting and vandalism, to determine whether, based on certain criteria, specified defendants are eligible for a theft diversion program. The bill would require the prosecuting attorney to review their file for certain factors, including whether the offense charged involved a crime of violence or threatened violence and, if the defendant is eligible, would require the attorney to file a declaration or state for the record the grounds for the determination of the defendant's eligibility. The bill would require the court to dismiss the action against the defendant at the end of the period of diversion if the defendant has complied with the imposed terms and conditions of diversion. By increasing the duties on local officials, 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 establishes various benefit programs, including grant programs and loan programs. Existing law, the California Values Act, generally prohibits California law enforcement agencies from using their moneys or personnel for immigration enforcement purposes, except as specified. This bill would prohibit an administrator of a covered program, as those terms are defined, from awarding a grant or issuing a loan from a covered program to a private entity that contracts with United States Immigration and Customs Enforcement, except as specified. The bill would require each private entity applying to a covered program to agree to identify to the administrator of that covered program any subcontractors to be used under the contract and to certify to the administrator that the subcontractors do not contract with United States Immigration and Customs Enforcement. The bill would require an administrator to include in their eligibility requirements for their covered programs that an eligible private entity and its subcontractors for each covered program, if any, shall not contract with United States Immigration and Customs Enforcement. The bill would make related findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By imposing additional duties on local agencies and expanding the scope of 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under existing law, a person who willfully inflicts corporal injury resulting in a traumatic condition upon specified persons, including, among others, the offender's spouse or former spouse, is guilty of a crime, punishable by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than 1 year, or by a fine of up to $6,000. Existing law also provides conditions for probation for a violation of these provisions if the person has a previous conviction of certain assault and battery offenses, as specified. This bill would make this crime punishable by imprisonment in state prison for 2, 4, or 5 years, or by imprisonment and a fine of up to $10,000 if a person is convicted for violating these provisions within 7 years of a previous felony conviction under these provisions. The bill would also, if a person has one prior felony conviction under these provisions, require that the defendant be imprisoned in a county jail for not less than 60 days as a condition of probation. By increasing the penalty for existing crimes, 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 prohibits the state from seeking or obtaining a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified. Existing law allows a defendant to establish a violation of these provisions under specified circumstances, including when a longer or more severe sentence was imposed on the defendant than was imposed on other similarly situated individuals convicted of the same offense and other specified conditions are met. This bill would instead compare the defendant to similarly situated individuals who have engaged in similar conduct, as specified. The bill would make these provisions apply to disparities in plea negotiating and diversion, among other things. Existing law authorizes a defendant in these cases to file a motion requesting disclosure to the defense of all evidence relevant to a potential violation of these provisions, as specified. This bill would additionally authorize a defendant to request any data that has been previously disclosed pursuant to those provisions in another criminal case, and require the court to grant that request, unless the data has no relevance to the current charges. The bill would also revise and recast definitions for these provisions.
Existing law prohibits a public agency, which includes the state, a city, a county, a city and county, or any agency or political subdivision of the state, a city, a county, or a city and county, including, but not limited to, a law enforcement agency, from selling, sharing, or transferring automated license plate recognition (ALPR) information, except to another public agency, and only as otherwise permitted by law. Existing law defines ALPR information as information or data collected through the use of an ALPR system. This bill would provide that "public agency" does not include a transportation agency, a public transit operator, or a local department of transportation or public works department, as specified. The bill would, beginning January 1, 2026, require new, updated, expansions of, or addendums of contractual agreements with ALPR vendors, manufacturers, or suppliers to mandate that no default access is provided to any national ALPR database and that an agency's collected scans are by default not accessible to any other agency, and would impose new requirements on sharing between California state law enforcement agencies. The bill would authorize a law enforcement agency to use ALPR information only for purposes of locating vehicles or persons when either are reasonably suspected of being involved in the commission of a public offense. The bill would prohibit a public agency from retaining ALPR information for more than 60 days after the date of collection if it does not match information on an authorized hot list, as defined, and as of January 1, 2026, would require a public agency to delete all ALPR information that has been held for more than 60 days and does not match information on an authorized hot list within 14 days. By imposing new requirements on public agencies, which include local agencies, this bill would impose a state-mandated local program. Existing law defines an ALPR operator as a person that operates an ALPR system, which does not include a transportation agency. Existing law defines an ALPR end-user a person that accesses or uses an ALPR system, which does not include, among other things, a transportation agency. This bill would additionally exclude from the definitions of "ALPR operator" and "ALPR end-user" a public transit operator, a local department of transportation or public works department, or an airport or airport operator, as provided. Existing law requires an ALPR operator and ALPR end-user to maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. This bill would require those security procedures and practices to include safeguards for managing which employees can see the data from their systems, as specified, and requiring data security training and data privacy training for all employees that access ALPR information. Existing law requires an ALPR operator and ALPR end-user to implement a usage and privacy policy that includes, among other things, a description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. This bill would require the usage and privacy policy to identify what purpose employees and independent contractors access and use ALPR information for. The bill would also require the Department of Justice to, contingent upon an appropriation of sufficient funds, conduct annual random audits on a public agency that is an ALPR operator or ALPR end-user to determine whether they have implemented and are adhering to that usage and privacy policy. Existing law requires an ALPR operator that accesses or provides access to ALPR information to require that ALPR information only be used for the authorized purposes described in the usage and privacy policy and to maintain a record of that access that includes, among other things, the purpose for accessing the information. This bill would instead require that record of access maintained by the ALPR operator to include the case file number or task force name, as applicable, that justifies the search query, and would provide that no queries shall be allowed without a log entry with a valid and current case file number or task force name from the agency conducting the query. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, successfully participated as a member of a county incarcerated individual hand crew, or participated in an institutional firehouse program, except as specified, to petition the court to have the pleading dismissed, as described, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided. Existing law requires the court to provide a copy of the petition to the Department of Corrections and Rehabilitation or the appropriate county authority. Under existing regulations of the Emergency Medical Services Authority, specified public safety personnel, including peace officers and firefighters, are required to have specified emergency medical services training, which may be satisfied by certification as an emergency medical technician. This bill would require the Department of Corrections and Rehabilitation or a county authority, upon the release of a defendant, to certify to the court in the county where the defendant was sentenced that the individual successfully participated in one of the above-described programs and to provide a copy of that certification to the defendant. The bill would delete the requirement that a court provide a copy of a defendant's petition to the department or a county authority. The bill would prohibit an individual who has had their criminal pleading dismissed under these provisions from being denied a certification as an emergency medical technician or any other license or certification required to work as a firefighter based solely on their arrest or conviction history, as described. By requiring additional reporting from county authorities, 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 prohibits the prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant from interviewing, questioning, or speaking to a victim or witness whose name has been disclosed pursuant to existing law without first clearly identifying themselves and identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution or the defendant. Under existing law, if an interview takes place in person, the party is also required to show the victim or witness a business card, official badge, or other form of official identification before commencing the interview or questioning. This bill would require a peace officer, as defined, or a prosecuting attorney, before any initial formal interview of an immediate family member of a person who has been killed or seriously injured by a peace officer, to clearly identify themselves and if the interview takes place in person, to show identification, to inform the person of the status of their family member, to inform the person that they are conducting a formal interview for the purposes of an investigation, as specified, and to inform the person that they have a choice to come to the station for the formal interview if they are asked to go and can have a trusted support person with them. The bill would provide that its provisions do not apply if the immediate family member is under custodial interrogation, as specified, or if the delay would result in the loss or destruction of evidence or pose an imminent threat to public safety. 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 authorizes a court, on its own motion within 120 days of the date of the defendant's commitment, or at any time if the applicable sentencing laws have changed or upon a recommendation from the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, or the district attorney, to recall a defendant's sentence and resentence that defendant to a lesser sentence. Existing law establishes the California Conservation Camps for the purpose of having incarcerated persons work on projects supervised by the Department of Forestry and Fire Protection. Existing law requires the department to utilize incarcerated persons assigned to conservation camps in performing fire prevention, fire control, and other work at the department. This bill would require the Department of Corrections and Rehabilitation, no later than July 1, 2027, to promulgate regulations, as specified, regarding the referral of participants in the California Conservation Camp program and incarcerated persons working at institutional firehouses for resentencing.
