Existing law makes it a crime to knowingly or willfully cause another person to engage in the unlawful manufacture of firearms or knowingly or willfully aiding, abetting, prompting, or facilitating the unlawful manufacture of firearms, including the manufacture of assault weapons or .50 BMG rifles or the manufacture of any firearm using a 3-dimensional printer, as specified. Existing law authorizes a civil action against a person who knowingly distributes or causes to be distributed any digital firearm manufacturing code to any person, except as specified. Existing law authorizes the Attorney General, county counsel, or city attorney to bring an action against this person and seek a civil penalty, as specified, for each violation, as well as injunctive relief. This bill would require the Department of Justice to check on a quarterly basis beginning no later than July 1, 2027, whether ASTM International has published industry standards for equipping 3-dimensional printers with firearm blocking technology. The bill would require, if the department determines that ASTM International has published or adopted industry standards for firearm blocking technology for 3-dimensional printers, that the department publish written guidance or regulations within 24 months after making that determination. The bill would require, among other things, the written guidance or regulations to describe minimum performance standards for 3-dimensional printer firearm blocking technology before a printer can lawfully be sold or offered for sale in the state. If, as of July 1, 2029, the department determines that ASTM International has not published industry standards for firearm blocking technology for 3-dimensional printers, the bill would relieve the department of any further responsibility to ascertain whether ASTM International has published or adopted industry standards. The bill would make it unlawful to sell, offer for sale, or transfer for consideration, a 3-dimensional printer in the State of California that is not equipped with firearm blocking technology that also meets the above-described industry standards. The bill would exempt printers used exclusively for the manufacturing of properties (props) in the entertainment industry, and would authorize the department to adopt regulations that provide for additional exceptions to these provisions. This bill would also exempt a person who distributes, or causes the distribution of, digital firearm manufacturing code, solely for the bona fide purpose of, among other things, developing, refining, and testing the functionality of a firearm blocking technology from civil liability. This bill would make these provisions severable.
Existing law requires each law enforcement agency, on or before January 1, 2021, to maintain a policy that provides a minimum standard on the use of force. Existing law requires that the policy include, among other things, training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency's use of force policy by officers, investigators, and supervisors. Existing law prohibits a law enforcement agency from authorizing the use of a carotid restraint or choke hold by any peace officer employed by that agency. This bill would, until January 1, 2030, prohibit a law enforcement agency, including a federal law enforcement agency, from using a wearable electroshock device within the State of California. The bill would also prohibit a law enforcement agency from using state funds to purchase a wearable electroshock device. The bill would require a law enforcement agency to update their use of force policies to prohibit the use of a wearable electroshock device. By increasing the duties on local law enforcement, the bill would impose a state-mandated local program. The bill would require the Division of Law Enforcement within the Department of Justice to conduct a study on the safety and community impacts of wearable electroshock devices and provide recommendations for appropriate standards and safeguards for their use, and would require the department to report to the Legislature on the findings and recommendations of the study on or before January 1, 2029. 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 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 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.
Under existing law, if a person is convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person's blood within 10 years of 2 separate violations of specified DUI offenses, or any combination thereof, that resulted in convictions, that person has committed an offense punishable by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified. This bill would, instead, make the above DUI conviction punishable as a wobbler by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified, or by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified. By increasing the punishment of a crime, this bill would impose a state-mandated local program. Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of 3 or more separate violations for driving under the influence that resulted in specified convictions, that person has committed an offense punishable as either a misdemeanor or a felony. This bill would, instead, make the above DUI conviction punishable as a wobbler if the offense occurred within 10 years of 3 separate violations for driving under the influence that resulted in specified convictions, and punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified, if the offense occurred within 10 years of 4 or more separate violations for driving under the influence that resulted in specified convictions. By increasing the punishment of a crime, this bill would impose a state-mandated local program. This bill would make conforming changes. This bill would incorporate additional changes to Sections 23546, 23550, and 23550.5 of the Vehicle Code proposed by AB 1830 to be operative only if this bill and AB 1830 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 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 generally provides for the regulation of law enforcement agencies and requires specified law enforcement agencies to maintain policies on, among other things, use of force, hate crimes, and gun violence restraining orders. Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with certain conditions. This bill would make it unlawful for a law enforcement officer to deny, delay, obstruct, or fail to facilitate access to medical evaluation or treatment for an individual under law enforcement control, but who is not in the custody of, or detained by, the Department of Corrections and Rehabilitation, if it is safe and reasonable to provide access to treatment and a medical professional has been requested or is present and is willing to render care to the individual. If access to medical evaluation or treatment is denied or delayed when a medical professional is present and is willing to assist, the bill would require law enforcement to document the basis of the denial within 72 hours of the incident, as specified. The bill would authorize administrative discipline, including suspension or termination, against a law enforcement officer who violates those provisions. By creating a new crime and by increasing the duties on local law enforcement relating to reporting, 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 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.
Existing law requires law enforcement agencies to enter each firearm into the Department of Justice Automated Firearms System that has been reported stolen, lost, found, recovered, held for safekeeping, surrendered, relinquished, or under observation. Existing law requires these law enforcement agencies to report to the Department of Justice all available information necessary to identify and trace the history of all recovered firearms that are illegally possessed, have been used in a crime, or are suspected of having been used in a crime, within 7 calendar days of obtaining the information. Existing law requires that the information collected be maintained by the department for a period of not less than 10 years, and to be available, under guidelines set forth by the Attorney General, for academic and policy research purposes. Existing law also requires the department to, on an ongoing basis, analyze the information collected for patterns and trends relating to recovered firearms that have been illegally possessed, used in a crime, or suspected to have been used in a crime, including the leading sources and origins of those firearms. This bill would clarify that the information relied on by the department for its analysis of patterns and trends be available, upon request, to any California town, city, county, or state government agency, the California State University, the University of California, or specified private postsecondary educational institutions in California, under conditions and format options set forth by the Attorney General, as specified.
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 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, department of transportation, public works department, or campus transportation agency, as specified, a public agency or contracted parking operator when engaging in specified activities in a parking facility, a state agency operating specified parking facilities, or the State Air Resources Board. The bill would require a public agency that accesses or provides access to ALPR information to maintain a record of that access, as provided. The bill would, beginning January 1, 2027, require new, updated, renewed, extended, 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, except as specified, and would impose new requirements on sharing between California state law enforcement agencies. This 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 or locating an individual who has been reported as missing to a law enforcement agency. The bill, as of January 1, 2028, would require a public agency to archive all ALPR information that has been held for more than 60 days within 14 days, unless that ALPR information is retained in the evidence file of an active investigation or criminal proceeding or matches information on an authorized hot list, as defined, and retain ALPR information that becomes part of an investigation or criminal proceeding in the evidence file as long as the evidence file is required to be held by state law or court order. The bill would prohibit a public agency from querying any archived information except pursuant to a warrant, as specified. 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 as 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, department of transportation, public works department, campus transportation agency, or an airport or airport operator, as provided. The bill would also exclude from the definition of "ALPR operator" the Department of General Services and its operators when engaging in specified activities in a parking facility and would exclude from the definition of "ALPR end-user" a state agency operating specified parking facilities and the State Air Resources Board. 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, beginning October 1, 2029, and 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 a brief, accurate, specific, and plain language statement describing the purpose for accessing ALPR information. 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.
