Existing law establishes the Department of Justice, and makes the department responsible, in part, for overseeing statewide criminal justice programs. Existing law requires the Department of Justice to provide technical assistance to local law enforcement agencies and tribal governments relating to, among other things, providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments. This bill would establish a Missing and Murdered Indigenous Persons Justice Program within and under the discretion of the Department of Justice. The bill would impose specified responsibilities on the program, including facilitating collaboration and acting as a liaison between tribal victims' families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking. The bill, beginning July 1, 2030, and until January 1, 2033, would require the program to submit an annual report to both houses of the Legislature containing, among other things, aggregated data on the number of, and facts about, cases involving missing and murdered indigenous persons in California.
Existing law, the Vallejo Flood and Wastewater District Act, establishes the Vallejo Flood and Wastewater District governed by, and under the control of, 8 trustees. The act requires that 7 of the trustees are the 7 members of the City Council of the City of Vallejo and the 8th member-at-large trustee is appointed by the Board of Supervisors of the County of Solano, as specified. The act prescribes the compensation for each trustee or alternate, including that each trustee of the district who is a member of the City Council of the City of Vallejo receives $100 per month for their services as a trustee of the board and may receive their actual and necessary expenses incurred in the performance of their duties as trustee, as provided. Under existing law, the member-at-large trustee or alternate receives $100 for each district meeting attended, as provided, and the trustee or alternate is prohibited from being compensated for more than 3 meetings, or $300, in any calendar month. Existing law requires certain legislative bodies to prepare annually a list of, among other things, all appointive terms that will expire during the next calendar year, known as the Local Appointments List, and prescribes rules for filling unscheduled vacancies of boards, commissions, or committees for which the legislative body has the appointing power. This bill would revise the membership and size of the governing board of the district, as specified. The bill would repeal the payment for trustees who are members of the city council described above and would instead apply the above-described at-large trustee or alternate payment and prohibition to all trustees, among other changes. To the extent that the bill would impose new duties on the City Council of the City of Vallejo, the Board of Supervisors of the County of Solano, and the remaining members of the Vallejo Flood and Wastewater District regarding the appointment of trustees and alternates, this bill would constitute a state-mandated local program. This bill would apply the provisions regarding the Local Appointments List and prescribed rules described above to the public members of the governing board of the district. 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 grants a defendant the right to counsel in a noncapital case, and requires a defendant to be represented by counsel in a capital case. Existing law requires specified assigned counsel to receive a reasonable sum for compensation and for necessary expenses, as determined by the court, to be paid out of the general fund of the county. This bill would, commencing with contracts or memoranda of understanding for indigent defense services entered into after January 1, 2028, revise the process and require a county or court, when contracting for the provision or administration of indigent defense services, to include certain elements in the contract or other agreement for indigent services, as specified. The bill would prohibit a county or court from entering into flat fee contracts, as defined, or per case compensation contracts in cases involving the death penalty or the potential sentence of life without the possibility of parole. The bill would require the structure of the contract for indigent defense services to ensure that attorneys have the resources and time necessary to provide competent legal representation. The bill would require counties that contract with a private entity or law firm to provide indigent defense services to provide all those contracts to the Office of the State Public Defender every 2 years. The bill would make related findings and declarations.
Existing law prohibits human trafficking, defined as, among other things, violating the personal liberty of another person with the intent to engage in specified sex offenses. Existing law prohibits pimping, defined as deriving support from the earnings of another person's prostitution, and pandering, defined as procuring another for purposes of prostitution or persuading someone to become a prostitute. This bill would, in any prosecution for a violation of those crimes in which the victim was a minor, prohibit any plea agreement, nonprosecution agreement, immunity agreement, anonymity, or other disposition from granting immunity to any person other than the defendant unless that person is specifically named in the written agreement, and the agreement is approved by the court after a hearing in which victims are given notice and an opportunity to be heard. By increasing duties on local prosecutors, 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 imposes various fees, contingent upon a criminal arrest, prosecution, or conviction, for the cost of administering the criminal justice system, including traffic violator school fees, costs for when a minor is adjudged a ward of the court, as specified, or costs incurred by a state or local agency for the disposal of various substances if the person is convicted of the sale, possession, or transportation of a controlled substance, as specified. This bill would repeal the authority to collect many of those fees, among others. The bill would make the unpaid balance of most court-imposed costs unenforceable and uncollectible and would require any portion of a judgment imposed by those costs to be vacated. The bill would relieve a person who is sentenced to state prison or confined in a county jail from being required to pay any trial court filing fees or costs related to the person's underlying criminal conviction. The bill would make related findings and declarations. The bill would also make various conforming changes.
Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. This bill would, consistent with the intent of Proposition 57, authorize the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction when the minor is alleged to have committed certain specified offenses when the minor was 14 or 15 years of age and was previously convicted in a court of criminal jurisdiction and is now subject to resentencing in juvenile court pursuant to specified provisions.
Existing law establishes the Board of State and Community Corrections. Existing law establishes the California Violence Intervention and Prevention Grant Program (CalVIP) award grants to cities disproportionately impacted by community gun violence to fund gun violence reduction initiatives. Existing law authorizes the board to award these grants and to create an executive steering committee for the program. Existing law authorizes the board to reserve up to $2,000,000 of the funds appropriated for the program each year for the costs of administering and promoting the effectiveness of the program. This bill would create the Office of Community Violence Intervention within the Board of State and Community Corrections, and would require the office to be led by a director appointed by the board. The bill would require the board to select the director. The bill would require the board to consult with organizations in the field of community violence intervention on factors to consider when evaluating candidates. The bill would also require the board to consider certain factors when selecting a director. The bill would require the office to, among other things, advise the board on the implementation of community violence intervention and prevention policies, provide technical assistance for community violence intervention and prevention organizations and CalVIP grantees, and, on July 1, 2028, and every 2 years thereafter, to produce a report on community violence intervention and prevention, as specified. This bill would require the office to administer CalVIP, as specified. The bill would require the office to recommend grant awardees to the board and to convene and facilitate the executive steering committee for the program. The bill would require the board to reserve at least $1,000,000 and would authorize the board to reserve up to 5% of the funds appropriated for the program each year for the purposes of the office administering and promoting the effectiveness of the program.
Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. This bill would authorize those orders to be valid for up to 10 years, or one year after the person's release from the state prison or a county jail, whichever is later. Existing law authorizes a protective order restraining a person convicted of the crime of battery of specified persons, including a spouse or former spouse, to be valid for up to 15 years. The bill would authorize those orders to be valid for up to 15 years, or one year after the person's release from the state prison or a county jail, whichever is later. By extending the duration of protective orders, a violation of which is punishable as a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 136.2 of the Penal Code proposed by SB 1395 and AB 2261, to be operative only if this bill and either or both of those bills 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.
Existing law, subject to an appropriation in the annual Budget Act, requires the Department of Housing and Community Development to provide, under the Transitional Housing Program, funding to counties for allocation to child welfare services agencies to help young adults who are 18 to 24 years of age, inclusive, secure and maintain housing, with priority given to young adults formerly in the state's foster care or probation systems. Existing law, subject to an appropriation in the annual Budget Act, also requires the department to allocate funding to counties under the Housing Navigation and Maintenance Program to help young adults who are 18 to 24 years of age, inclusive, secure and maintain housing, with priority given to young adults currently or formerly in the foster care system. This bill would extend the age of eligibility for the Housing Navigation and Maintenance Program to young adults who are 18 to 28 years of age, inclusive, and would, instead, give priority to nonminor dependents and young adults formerly in the state's foster care or probation system, as defined. The bill would specify the eligible uses of the funding allocated to a county child welfare agency under the Housing Navigation and Maintenance Program. Existing law requires a child welfare agency that accepts any distribution of money under either program to report certain data to the department on an annual basis, including specified information relating to the number of homeless youth served and the number of former or current foster youth served, as defined. This bill would revise those reporting requirements to instead require information about the number of young adults served, including the number of young adults formerly in the state's foster care or probation system, as defined, and would require additional information to be reported under the Housing Navigation and Maintenance Program related to housing vouchers, as specified.
(1) Existing law establishes procedures by which a person may petition the court for certain protective or restraining orders, including civil harassment restraining orders, domestic violence restraining orders, elder or dependent adult abuse restraining orders, gun violence restraining orders, postsecondary school restraining orders, and workplace violence restraining orders, to enjoin a restrained person from taking specified actions. Before a hearing on the issuance or denial of a domestic violence restraining order or gun violence restraining order, existing law requires the court to ensure that a search has been conducted to determine, among other things, if the subject of the proposed order owns or possesses a firearm as reflected in the Department of Justice Automated Firearms System. If after the search, the court finds that the subject of the proposed order owns or possesses a firearm, existing law requires the court to make a written record as to whether the subject has relinquished the firearm and provided proof of the required storage, sale, or relinquishment of the firearm. Upon a court's issuance of such a protective order, existing law requires the restrained person to relinquish any firearm and ammunition in that person's immediate possession or control, according to specified procedures. Existing law prescribes procedures by which the restrained person must certify compliance with the court, and for the court to determine, by a preponderance of the evidence, whether the person has a firearm in violation of the order. This bill would make clarifying and conforming changes to the procedures relating to the protective or restraining orders described above by explicitly requiring the restrained person to relinquish, in addition to any firearm, any ammunition in that person's immediate possession or control. The bill, commencing January 1, 2028, would require courts to permit a party or witness to appear remotely at a hearing for a postsecondary educational institution or workplace violence restraining order at no cost. This bill would also require courts to develop rules and instructions for such remote appearances and to post them on their internet websites. The bill would also, commencing on January 1, 2028, require courts to allow filings related to those protective orders to be submitted electronically, as specified. (2) Existing law prohibits court from granting a temporary restraining order without notice to the respondent, except as specified. Existing law requires a peace officer, upon the request of a petitioner, to serve any civil harassment restraining order, domestic violence restraining order, elder or dependent adult abuse restraining order, gun violence restraining order, postsecondary school restraining order, or workplace violence restraining order on the respondent, whether or not the respondent has been taken into custody. Existing law prescribes procedures that a sheriff or marshal must follow when serving a writ, warrant, summons, order, or other process issued by a superior court in a civil action or proceeding. Existing law requires the Judicial Council, on or before January 1, 2024, to create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff. This bill, commencing January 1, 2028, would prohibit a court from requiring notice to be provided to the party to be restrained in advance of accepting a filing for, or deciding, an application for an ex parte restraining order, as specified, if the applicant or the applicant's attorney certifies to the court under oath that providing notice to the party to be restrained in advance of filing the petition would likely endanger the safety of the petitioner or other persons. The bill, commencing January 1, 2028, would require a peace officer, as defined, to follow the procedures that apply to a sheriff or marshal when serving a writ, warrant, summons, order, or other process issued by a superior court, as described above. The bill would require the Judicial Council, on or before January 1, 2028, to create a statewide form or forms to be used by litigants in civil actions or proceedings to request service of process or notice by a marshal or sheriff, or by a peace officer serving any of the restraining or protective orders described above. By expanding the duties of peace officers, which include officers of local law enforcement agencies, and expanding the crime of perjury, this bill would impose a state-mandated local program. (3) Existing law requires, on any charge involving acts of domestic violence, that the district attorney or prosecuting city attorney conduct a search of certain databases for protective or restraining orders, as specified. This bill would additionally require the district attorney or prosecuting city attorney to conduct a search of the Department of Justice Automated Firearms System. By expanding the duties of the district attorney or prosecuting city attorney, this bill would impose a state-mandated local program. Under existing law, before a hearing on the issuance or denial of a domestic violence restraining order, the court must ensure that a search is or has been conducted to determine if the subject of the proposed order has, among other things, a prior criminal conviction for a violent or serious felony, owns or possesses a firearm, as reflected in the Department of Justice Automated Firearms System, or has a prior restraining order or violation thereof. Existing law requires this search to be conducted of specified records and databases readily available and reasonably accessible to the court. Existing law requires the court, after issuing its ruling, to advise the parties that they may request the information upon which the court relied to conduct the search and information obtained as a result of the search to be maintained in a confidential case file, except as specified. This bill would authorize a court to order any of the searches described above to be conducted before a hearing on the issuance or denial of a civil harassment restraining order, elder or dependent adult abuse restraining order, gun violence restraining order, postsecondary school restraining order, or workplace violence restraining order. The bill would require the court, after issuing its ruling, to provide the advisement to the parties described above, and to keep the information obtained as a result of any search to be maintained in a confidential case file, except as specified. (4) Existing law requires a court, when issuing a gun violence restraining order, to notify the Department of Justice regarding the order. Existing law requires the court, when issuing protective orders and firearm or ammunition relinquishment orders, to notify the prosecuting agency and law enforcement officials, as specified, in order, to enable the prosecuting agency and law enforcement officials to take necessary actions to obtain any firearms or ammunition owned, possessed, or controlled by the subject of the order. This bill would require local law enforcement agencies and prosecuting agencies, as defined, to designate a person responsible for accessing or receiving notifications from the superior court indicating that a person has violated a protective or restraining orders' firearm relinquishment requirement and to regularly ensure that the clerk of the court has updated contact information for the person designated to receive those notifications on behalf of the agency. This bill would also require each prosecuting agency to ensure that a protected person or protected people named in the order are notified about the issuance, terms, and duration of the protective order, except as specified. The bill would require each prosecuting agency to develop, adopt, and implement written policies and standards regarding notification to protected parties on or before January 1, 2028, as specified. By placing new requirements on local law enforcement agencies and prosecuting agencies, this bill would impose a state-mandated local program. This bill, commencing January 1, 2028, would authorize a law enforcement agency or officer to seek enforcement of a valid extreme risk protection order issued by another state or jurisdiction. The bill would define an extreme risk protection order as an injunction, restraining order, or other civil or criminal court order issued by another state or jurisdiction that does not name a protected individual, but prohibits the subject of the order from possessing, owning, controlling, purchasing, or receiving firearms for the duration of the order based on evidence that the subject of the order poses a danger to themselves or others. The bill would require a valid extreme risk protection order to be registered with a court in this state if requested by a law enforcement officer or other petitioner. (5) Existing law requires each county to electronically transmit data regarding protective orders through the California Law Enforcement Telecommunications System of the Department of Justice, as specified. Existing law requires the Department of Justice to maintain the California Restraining and Protective Order System that contains detailed information regarding protective and restraining orders and injunctions, as specified, and to make that information available to court clerks and law enforcement personnel. This bill would extend these reporting requirements to include any protective order or restraining orders issued pursuant to specified sections, including a gun violence restraining order or an extreme risk protection order. (6) Existing law, the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, authorizes the enforcement of a valid foreign protection order in a tribunal of this state under certain conditions. The bill would expand the definition of a protection order to include any injunction or order under the federal Violence Against Women Act and would extend these provisions to orders issued by any state or other jurisdiction. The bill would make conforming changes. (7) Existing law authorizes the Department of Justice, subject to an appropriation by the Legislature, to establish or contract with a vendor to establish an automated protected person information and notification system, as specified. This bill would authorize the department to establish or contract with a vendor to create the above-described notification system through the availability of necessary funding through grants or other sources. (8) 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. This bill would prohibit a person, who is convicted on or after January 1, 2027, of specified offenses, including misdemeanor violations of a gun violence restraining order or other protective orders, or violations that constitute a hate crime, from owning, purchasing, receiving, or having in their possession or under their custody or control any firearm within 10 years of the conviction, and would make conforming changes. By expanding the scope of an existing crime, the bill would create a state-mandated local program. (9) Existing law requires a peace officer who is at the scene of a domestic violence incident or enforcing a domestic violence restraining order or gun violence restraining order to take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or otherwise lawful search, as specified. This bill would additionally require a peace officer to take temporary custody of any ammunition in plain sight or discovered pursuant to such a search. By expanding the duties of local law enforcement agencies, this bill would impose a state-mandated local program. (10) This bill would provide that its provisions are severable. (11) This bill would provide that if AB 2179 is enacted, then the changes made to Section 527.8 of the Code of Civil Procedure by this bill would not be operative. This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 1961 to be operative only if this bill and AB 1961 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 527.85 of the Code of Civil Procedure proposed by SB 1374 to be operative only if this bill and SB 1374 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 6383 of the Family Code proposed by SB 99 and SB 1395, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 29805 of the Penal Code proposed by SB 1220 to be operative only if this bill and SB 1220 are enacted and this bill is enacted last. (12) 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.
