(1) Existing law prohibits a juvenile who is adjudged a ward of the juvenile court due to the commission of specified serious or violent offenses from subsequently owning or possessing a firearm until they are 30 years of age. Existing law requires the juvenile court to notify the Department of Justice of persons subject to these provisions, as specified. This bill would require the juvenile court to notify the department if the juvenile court grants a dismissal of a juvenile petition for an offense that subjected the juvenile to the above-described firearm prohibition. (2) Existing law authorizes certain juvenile records to be sealed upon order of the court and to subsequently be destroyed. Existing law requires a juvenile record that has been ordered to be sealed, and that contains a sustained petition making a person ineligible to own or possess a firearm, to not be destroyed until the person is 33 years of age. Existing law authorizes a record that has been sealed by a court pursuant to these provisions to be accessed, inspected, or utilized in certain circumstances, including by the Department of Justice for the purpose of determining if the person is suitable to purchase, own, or possess a firearm, as specified. This bill would authorize the Department of Justice, if it determines based on its review of a person's sealed record pursuant to the above-described provisions that a person is or may not be suitable to purchase, own, or possess a firearm, to provide the person with a copy of the record reviewed by the department. (3) Existing law prohibits a person who has been taken into custody, assessed, and admitted to a designated facility, or who has been certified for intensive treatment after having been admitted to a designated facility, because the person is a danger to themselves or others as a result of a mental health disorder, from owning a firearm, as specified. Existing law requires a facility to submit a report to the Department of Justice containing specified information and requires the report to be kept confidential, except for the purpose of court proceedings and determination of eligibility to own, possess, control, receive, or purchase a firearm, other deadly weapon, or ammunition. This bill would require a designated facility that accepts the transfer for placement of a person pursuant to the above-described provisions to be responsible for submitting the report to the department. Existing law also prohibits a person who has been adjudicated to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, a person who has been found not guilty by reason of insanity of committing specified crimes, a person found by a court to be mentally incompetent to stand trial, or a person who has been placed under conservatorship by a court because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism from purchasing or receiving, or attempting to purchase or receive, or having possession, custody, or control of a firearm or any other deadly weapon. Existing law requires the court to notify the Department of Justice of the court order placing the person under the conservatorship and prohibiting possession of a firearm or other deadly weapon or ammunition by the person, as specified. Existing law requires all information provided to the Department of Justice regarding the conservatorship to be kept confidential and only used to determine eligibility to purchase or possesses a firearm, other deadly weapon, or ammunition, and makes a violation of this provision a misdemeanor. This bill would require all information provided to the department pursuant to the above-described provisions to be kept confidential, separate, and apart from all other records maintained by the department, except in specified circumstances, including, among others, for use by a state law enforcement agency seeking the issuance of a gun violence restraining order, and would make a violation of these provisions a misdemeanor. The bill would require notices or reports submitted pursuant to these provisions to include a copy of documents substantiating the report or detailing the listed offense prohibiting the person from possessing firearms, ammunition, or other deadly weapons, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program. Under existing law, a person who has been certified for intensive treatment under specified provisions is prohibited from owning, possessing, controlling, receiving, or purchasing, or attempting to own, possess, control, receive, or purchase, a firearm, other deadly weapon, or ammunition for a period of 5 years. This bill would require that a person who was certified for intensive treatment under the specified provisions and is released from intensive treatment following a certification review or a writ of habeas corpus to remain subject to the 5-year prohibition period described above. The bill would require a facility discharging a person certified for intensive treatment to provide the person and the Department of Justice with a copy of a specified form pertaining to the firearm prohibition. Existing law requires the Department of Justice to request specified institutions to submit information necessary to identify persons subject to the prohibitions regarding firearms, destructive devices, and explosives. This bill would require the various reports to the department to include a copy of specified identification information for persons subject to these provisions, as specified. The bill would authorize the department to use, and to give to specified entities, the information provided to the department to determine the eligibility of a person to acquire, care, or possess ammunition. This bill would make unauthorized disclosure of the information provided pursuant to these provisions a misdemeanor. (4) 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, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law requires a mandated reporter of suspected financial abuse of an elder or dependent adult, as defined, to report financial abuse in a specified manner, including by telephone or through a confidential internet reporting tool, as specified, immediately, or as soon as practicably possible. If reported by telephone, existing law requires a written report to be sent, or an internet report to be made through the internet reporting tool, to the local adult protective services agency or the local law enforcement agency within 2 working days. Existing law deems all officers and employees of a financial institution to be mandated reporters of suspected financial abuse of an elder or dependent adult. A mandated reporter who fails to report financial abuse of an elder or dependent adult is liable for civil penalties, as specified. If a report of financial abuse is made by a mandated reporter, as described above, this bill would also require a report to be made to the Federal Bureau of Investigation Internet Crime Complaint Center within 2 working days. Within 48 hours of filing a report, the bill would require a financial institution to notify the elder or dependent adult identified in the report, as specified, and provide additional required information. The bill would require a financial institution to provide annual training to its mandated reporters on how to escalate internally and report suspected financial abuse of an elder or a dependent adult to both local and federal authorities, as specified. The bill would specify that violations of these provisions would not incur the above-described liability for civil penalties. The bill would make its provisions operative on January 1, 2028.
Existing law provides for the licensure and regulation of adult alcohol or other drug recovery or treatment facilities by the State Department of Public Health and prohibits the operation of one of those facilities without a current valid license. Existing law requires the department, if a facility is alleged to be in violation of that prohibition, to conduct a site visit to investigate the allegation. Existing law requires, if the department's employee or agent finds evidence that the facility is providing services without a license, the employee or agent to take specified actions, including, among others, submitting the findings of the investigation to the department and issuing a written notice to the facility that includes the date by which the facility is required to cease providing services. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, through fee-for-service or managed care delivery systems. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes the Drug Medi-Cal Treatment Program (Drug Medi-Cal) and authorizes the department to enter into a Drug Medi-Cal contract with each county for the provision of alcohol and drug use services within the county service area. This bill would require the department, if it determines it has jurisdiction over the allegation, to assign the complaint to an analyst within 10 days of receiving the allegation and, except as specified, complete the investigation within 120 days of assigning the complaint. The bill would require the department, if it receives a complaint that does not fall under its jurisdiction, to notify, to the extent feasible, the complainant that it does not investigate that type of complaint. The bill would require the employee or agent to provide their findings to the department and would require the department to issue the notice described above within 10 days of the employee or agency submitting their findings and to conduct a followup site visit to determine whether the facility has ceased providing services as required. The bill would authorize, in counties that elect to administer the Drug Medi-Cal organized delivery system and that provide optional recovery housing services, the county behavioral health agency to request approval from the department to conduct a site visit of a recovery residence that the county contracts with that is alleged to be operating without a license. The bill would permit the department to approve that request in certain circumstances, including that the department has sufficient evidence to substantiate the allegation. Existing law requires licensed adult alcohol or other drug recovery or treatment facilities and certified alcohol or other drug programs to disclose to the department whether any of its agents, partners, directors, officers, or owners has a specified interest in a recovery residence and requires the department to take action against an unlicensed facility that is disclosed as a recovery residence. This bill would require the department, if it takes action against a recovery residence pursuant to that provision, to conduct a site visit of a certified program or licensed facility that has disclosed the specified interest in the recovery residence. The bill would also require, no later than July 15, 2027, and by July 15 each year thereafter, that all programs certified or facilities licensed by the department submit to the department a report of all money transfers between the program or facility and a recovery residence during the previous fiscal year, in order to detect patient brokering, illicit kickbacks, or unethical inducements that harm patients. The bill would require the department to analyze that data and develop guidelines for permissible and impermissible transfers.
(1) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires a retailer, as defined, to hold a license from the California Department of Tax and Fee Administration to engage in the sale of cigarettes or tobacco products. A violation of these provisions is a misdemeanor. This bill would expand those provisions to prohibit a retailer from selling nitrous oxide in any retail location, subject to certain exceptions. The bill would authorize a city or county or city and county to adopt an ordinance imposing greater restrictions on the retail sale of nitrous oxide provided the ordinance does not restrict legitimate uses, as specified. (2) By expanding the definition of an existing 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.
(1) Existing law tolls the periods of limitation to bring specific civil actions for up to 2 years, if during that time that the claimant is imprisoned on a criminal charge, as specified. However, under existing law these tolling provisions do not apply to an action brought against a public entity or public employee, as specified. This bill would, notwithstanding any other law, provide that the period for bringing an action for sexual assault against a public entity or public employee that is alleged to have occurred while the claimant was imprisoned on a criminal charge, or in execution under the sentence of a criminal court, is tolled during the entire period of the claimant's imprisonment or sentence. Under the bill, any claim for sexual assault against a public entity or public employee subject to that provision is exempt from all state and local government claim presentation requirements. (2) Existing law establishes the Office of the Sexual Abuse in Detention Elimination Ombudsperson with the authority to inspect all of the Department of Corrections and Rehabilitation institutions and to interview all inmates and wards. Under existing law, if an investigation confirms that any employee of the department has sexually abused an inmate or ward, that employee is required to be terminated. Existing law prohibits retaliation against an inmate or ward for making an allegation of sexual abuse. Existing law requires the department to keep statistics on the sexual abuse of inmates and wards and make that data available to the Office of the Sexual Abuse in Detention Elimination Ombudsperson. This bill would prohibit an employee who has been terminated after an investigation confirms that the employee has sexually abused an incarcerated person or ward from future employment with the department. This bill would require the department to monitor for 90 days an incarcerated person who reports sexual assault, and the incarcerated person reported to have suffered the sexual assault, by a staff member for possible retaliation. The bill would require the department to make specific notifications and reporting after an incarcerated person is reported to have suffered a sexual assault. The bill would require the department, on or before January 1, 2028, to develop and implement procedures for notifications of an incarcerated person's contact person, as defined. The bill would require the department to minimize the transfer of an incarcerated person who is reported to have suffered a sexual assault by a staff member for 90 days following the report, unless there is an operational need to do so or there are safety, security, or health concerns. The bill would define terms for its purposes and declare these provisions are severable.
Existing law, as added by Proposition 9, the Victims' Bill of Rights Act of 2008: Marsy's Law (Marsy's Law) , at the November 4, 2008, statewide general election, requires a law enforcement agency investigating a criminal act and an agency prosecuting a criminal act to, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate, provide or make available to the victim a "Marsy Rights" card that contains the constitutional rights of crime victims without charge or cost to the victim. Marsy's Law provides that its provisions shall not be amended by the Legislature except by a statute passed in each house by rollcall vote entered in the journal, 34 of the membership of each house concurring. Marsy's Law also provides that the Legislature may amend its provisions to expand the scope of its application, to recognize additional rights of victims of crime, or to further the rights of victims of crime by a statute passed by a majority vote of the membership of each house. Existing law requires a law enforcement agency investigating a criminal act and an agency prosecuting a criminal act to, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim of the rights they have under applicable law relating to the victimization and provide each victim without charge or cost a "Victim Protections and Resources" card. Existing law requires the Attorney General to design and make available in PDF or other imaging format this card with specified information on the card, including information about federal immigration relief available to certain victims of crime. Commencing no later than January 1, 2028, this bill, the Defending Immigrant Victims Act, would require a law enforcement agency investigating a criminal act and an agency prosecuting a criminal act, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, to inform each victim, the victim's next of kin if the victim is deceased, or the victim's parent or guardian if the victim is a minor of the rights they may have under applicable law relating to immigration relief. The bill would require a law enforcement agency and a prosecuting agency to provide a victim an "Immigrant Victims Rights and Resources" card that would provide specified information pertaining to the victim's rights, including a statement explaining how to consult an immigration attorney to help determine eligibility for immigration relief. The bill would require the Attorney General, by January 1, 2028, to design the card and make it available in English, Spanish, and any other language in which the "Marsy Rights" card is currently translated, and in a PDF or other imaging format, to law enforcement agencies and agencies prosecuting crimes, as specified. Because this bill would result in additional duties on local law enforcement and prosecuting agencies in informing victims, this bill would impose a state-mandated local program. This bill would make a conforming change. 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 Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. Existing law requires certain professionals, including specified health practitioners and social workers, known as "mandated reporters," to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law requires an employee of those agencies, in certain circumstances, to send or have sent, within 36 hours, a copy of a report made pursuant to these provisions to the attorney who represents the child, who is the subject of the report, in dependency court. Existing law requires the agency to maintain a copy of the written report and provide all information requested by the attorney for the child or the child's guardian ad litem within 30 days of the request. This bill would require, if a county welfare agency substantiates a report for an incident that occurred in an out-of-home placement, including, but not limited to, placement in foster or congregate care, or if a child is removed from an out-of-home placement due to abuse or neglect, a county welfare agency to send notice, containing specified information, of the report to the attorney who represents a parent or legal guardian of the child in dependency court and, in the case of an Indian child, the tribal representative. The bill would make that requirement inapplicable to a parent whose parental rights have been terminated. The bill would require, if a county welfare agency substantiates a report for an incident that occurred in an out-of-home placement, including, but not limited to, placement in foster or congregate care, or if a child is removed from an out-of-home placement due to abuse or neglect, the agency to send a notice of the report, as specified, to all attorneys who represent a child with an open dependency case in that placement, as provided. By expanding the duties of local agencies that receive reports alleging abuse or neglect of children, 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 provides that any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes, as provided, upon or with the body, or any part or member thereof, of a child who is under 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony, punishable by imprisonment in the state prison for 3, 6, or 8 years. The bill would require the Department of Justice, upon completion of an investigation of a person who holds an elected office in which the department determines the person committed specified crimes relating to rape, that the victim was a minor, and that the case is appropriate for prosecution, to bring criminal charges against that person within 30 days. Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law makes a defendant ineligible for this diversion program if the defendant is charged with specified offenses, including, among other offenses, any sex offense except indecent exposure. This bill would, when the facts alleged in the accusatory pleading or disclosed in the preliminary hearing transcript would constitute an offense for which a defendant would be ineligible for diversion under these provisions, and the defendant has not been charged with those offenses, require the prosecution to state on the record why those charges are not being sought and whether they have conferred with the victim about the charges filed. By increasing duties on prosecutors, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 1001.36 of the Penal Code proposed by AB 46 to be operative only if this bill and AB 46 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.
Under existing law, the board of supervisors of any county may establish the office of public defender for the county and authorize reciprocal or mutual assistance agreements with boards of supervisors of other counties authorizing their respective public defenders to enter into reciprocal or mutual assistance agreements, or authorize reciprocal or mutual assistance agreements with the State Public Defender, if the public defender of the county is unable to perform public defender duties because of, among other reasons, lack of personnel, lack of expertise, or lack of other resources by the local office. Existing law, subject to an appropriation by the Legislature, requires the State Public Defender, in consultation with the California Public Defenders Association and other subject matter experts, to undertake a study to assess appropriate workloads for public defenders and indigent defense attorneys and to submit a report with their findings and recommendations to the Legislature no later than January 1, 2024. This bill would require the board of supervisors of each county to specify a contact person with the applicable oversight and to collect specified information on public defense services provided in the county, and report that data to the Office of the State Public Defender every 2 years beginning on January 1, 2029. Because the bill would require local officials to perform additional duties, it would impose a state-mandated local program. The bill would require the Office of the State Public Defender to create and post on its internet website a summary report on public defense services, as specified. The bill would make its provisions operative upon appropriation by the Legislature for these purposes. 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 generally regulates the business of insurance in the state, including the conduct of insurance licensees, and provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Existing regulations generally prohibit the solicitation of bail except after a bona fide request for bail services has been received from the arrestee or from another specified person. Existing law makes it a misdemeanor to impersonate certain personnel, including a law enforcement officer or an officer or member of a fire department, with the intent of fraudulently impersonating such a person, or of fraudulently inducing the belief that they are such a person. This bill, the Bail Consumer Protection Act, would make it a crime for any person to impersonate, or falsely hold themselves out to be, a licensed bail agent, and while doing so solicits or attempts to solicit bail from any individual. The bill would also make it a crime for any person to hire another person or company to solicit bail when the person knew or should have known that the other person or company is impersonating or falsely holding themselves out to be a licensed bail agent, and that other person or company solicits or attempts to solicit bail from any individual. 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.
