Existing law requires a social media platform to take certain actions with respect to child sexual abuse material on the social media platform, including requiring the platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the platform that the user reasonably believes meets certain criteria, including that the reported material is child sexual abuse material and that the reporting user is depicted in the material. Existing law also requires the social media platform to collect information reasonably sufficient to enable the platform to contact, as specified, a reporting user. Existing law defines child sexual abuse material for these purposes to include obscene matter that depicts a minor personally engaging in, or personally simulating, sexual conduct. This bill would revise the definition of child sexual abuse material to instead include an intimate visual depiction, as defined, of an identifiable individual who is a minor. The bill would additionally require the above-described mechanism to be clear and conspicuous, as defined, and would delete the requirement that the reporting user be depicted in the material. The bill would require a social media platform to, among other things, ensure review by a natural person if there is not an established or known hash match to child sexual abuse material with respect to the reported material and the reported material is not otherwise blocked. The bill would require a social media platform to restore availability or functionality of the reporting mechanism if the reporting mechanism is unavailable or nonfunctional. Existing law makes a noncomplying social media company liable to a reporting user for actual damages and statutory damages, as specified. This bill would instead make a social media company liable to a depicted individual, as defined, for actual and statutory damages, as provided. The bill would also impose specified civil penalties on a noncomplying company to be collected in a civil action by certain public attorneys, including the Attorney General. Existing law establishes the Survivor Support Fund within the state treasury and makes moneys in the fund available, upon appropriation by the Legislature, for grants by the California Victim Compensation Board to community-based organizations that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking. This bill would require any penalty collected in a civil action by the Attorney General under these provisions to be deposited into the Survivor Support Fund. Existing law prohibits a social media platform from knowingly facilitating, aiding, or abetting commercial sexual exploitation, as defined. Existing law deems a social media platform to have knowledge for the purposes of this prohibition if material was reported to the social media platform using the reporting mechanism for 4 consecutive months, as provided. Existing law exempts a social media platform from being deemed in violation of this prohibition if it instituted a specified audit program and provided to each member of its board of directors a true and correct copy of each audit, as prescribed. This bill would remove the requirement that material was reported for 4 consecutive months to deem a social media platform to have knowledge for the purposes of the above-described prohibition. The bill would, in order to be exempt from that prohibition, require the social media platform to also submit the audit to the Attorney General, and if requested, to certain other public officials. The bill would provide that an audit submitted as described above is confidential and shall be exempt from disclosure under the California Public Records Act. This bill would declare its provisions severable. 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. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
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.
Existing law authorizes an employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, to seek a workplace violence restraining order on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace or at other workplaces of the employer. Existing law authorizes one or more representative parties to bring suit for the benefit of a class of parties if the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court. This bill would authorize an employer to seek a workplace violence restraining order on behalf of all employees at the employer's workplace or a location at which a group of employees perform their primary job duties if harassment, unlawful violence or a credible threat of violence is directed at that workplace or location. The bill would not require an employer to name any individual employee as a protected party if the employer seeks a workplace violence restraining order on behalf of all employees at the employer's workplace or a location at which a group of employees perform their primary job duties. This bill would require the Judicial Council, on or before January 1, 2028, to adopt or modify its forms, as specified. This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 2179 to be operative only if this bill and AB 2179 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 1753 to be operative only if (1) this bill and AB 1753 are both enacted, (2) AB 2179 is not enacted or as enacted does not amend Section 527.8 of the Code of Civil Procedure, and (3) this bill is enacted last.
(1) Existing law requires a county office of education and county probation department to have a joint transition planning policy that includes collaboration with relevant local educational agencies to coordinate education and services for youth who have had contact with the juvenile justice system. Existing law requires, as part of the joint transition planning policy, the county office of education to assign transition oversight responsibilities to existing county office of education personnel who will work in collaboration with the county probation department and relevant local educational agencies to ensure that specified transition activities are completed for the pupil. This bill would require, as part of the joint transition planning policy, the school district or charter school in which the juvenile court school pupil will be enrolling to assign a staff member of that school district or charter school to serve as the point person for transition liaison responsibilities, and notify the county office of education and the county probation department of the assigned staff member's name and contact information. The bill would also require that staff member, and other personnel of the school district or charter school as needed to serve the pupil, to work in collaboration with the county office of education transition oversight personnel throughout the calendar year to ensure that the transition activities noted above are completed for the pupil. Existing law requires, for pupils detained for 20 consecutive schooldays or fewer, the pupil's individualized learning plan, if one exists, to be made available by the county office of education to the pupil upon the pupil's release. This bill would additionally require that pupil's individualized learning plan to be made available to the pupil's school district or charter school point person for transition liaison responsibilities. Existing law requires the county office of education, in collaboration with the county probation department, to establish procedures for the timely, accurate, complete, and confidential transfer of educational records, as specified. This bill would additionally require the county office of education to collaborate with relevant local educational agencies to establish those procedures. By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law requires local educational agencies to issue full or partial credit on an official transcript for all full or partial coursework satisfactorily completed by pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, juvenile court school, charter school, school in a country other than the United States, or a nonpublic, nonsectarian school, as provided. Existing law requires, for a pupil in foster care, upon receiving a transfer request from a county placing agency or notification of enrollment from the new local educational agency, the local educational agency to deliver the official transcript to the next educational placement within 2 business days, as provided. This bill would require the transferring local educational agency to issue that official transcript within 2 business days, as provided. By imposing additional requirements on local educational entities, the bill would impose a state-mandated local program. (3) 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. (4) This bill would incorporate additional changes to Section 51225.2 of the Education Code proposed by SB 685 to be operative only if this bill and SB 685 are enacted and this bill is enacted last.
Existing law prohibits the Department of Corrections Rehabilitation from allowing any lack of care that would injure or impair the health of an incarcerated person. Existing law prohibits the department from modifying or canceling the medical treatment of an incarcerated person if a physician certifies that the medical treatment is required to prevent certain violations of law or to prevent serious and imminent harm to the health of an incarcerated person, as specified. This bill would prohibit a supervisor, administrator, or employee of the department from interfering with or refusing to implement prescribed health care, as specified, that results in substantial emotional distress or serious bodily injury, as defined.
Existing law subjects a person between 12 and 17 years of age, inclusive, who commits a crime, and a person under 12 years of age who commits specified crimes, to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Under existing law, as added by the Gang Violence and Juvenile Crime Prevention Act of 1998, approved as Proposition 21 at the March 7, 2000, statewide primary election, a minor may be eligible for deferred entry of judgment if certain circumstances apply, including, among others, that the minor has not previously been declared to be a ward of the court for the commission of a felony offense. Existing law requires, once eligibility is established, the court to determine whether the minor is suitable for deferred entry of judgment and would benefit from education, treatment, and rehabilitation efforts. This bill would require the court to consider whether the minor is charged with an offense of carrying a loaded firearm, as specified, when evaluating suitability of the minor for deferred entry of judgment.
Existing law requires a court to, in every case where a person is convicted of a crime, order restitution to the victim or victims, as specified. Existing law creates and authorizes a number of diversion and deferred entry of judgment programs, which either defer entry of a plea of guilty by the defendant or postpone the proceedings of the case as long as the defendant participates in the program. Existing law requires the court to dismiss the plea or charges if the defendant has performed satisfactorily during the program. This bill would require the court to order restitution to the victims or victims when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount of restitution and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. If the court finds restitution is owed pursuant to this provision, the bill would require the court to order payment of restitution during the period of diversion. The bill would prohibit a defendant's inability to pay restitution due to indigence or mental disorder from being grounds for denial of diversion or a finding that the defendant failed to comply with the terms of diversion. The bill would require an order for restitution to be suspended until the resolution of criminal proceedings if a defendant withdraws from diversion or fails to complete the terms of diversion.
Existing law establishes in the Natural Resources Agency the Department of Forestry and Fire Protection, and requires the department to be responsible for, among other things, fire protection and prevention, as provided. Existing law establishes the California Conservation Camp program for the purpose of having inmates and wards work on projects supervised by the department. Existing law requires the department to utilize inmates and wards assigned to conservation camps in performing fire prevention, fire control, and other work at the department. This bill would require, on and after July 1, 2027, the department to, in partnership with the Department of Corrections and Rehabilitation and the California Conservation Camp program, implement a standardized process to ensure that all eligible individuals who successfully complete training in a department firefighting training camp while incarcerated receive official written certification reflective of the training completed before their release, as specified. This bill would require the department, on and after January 1, 2028, if a qualified formerly incarcerated individual, as defined, applies for a Fire Fighter 1 Classification position, or any successor classifications, and has the required training and meets the minimum qualifications for the position, to award hiring preference under Category Placement 2 to the qualified formerly incarcerated individual, as specified. The bill would require the department, on and after January 1, 2028, if a qualified formerly incarcerated individual applies for a Forestry Technician Classification position, or any successor classifications, to count the duration of specified training and fieldwork as an incarcerated hand crew member towards the minimum qualifications for the classification.
Existing law makes a person who is a dealer in or collector of junk, metals, or secondhand materials, or their agent, employee, or representative, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that the person knows or reasonably should know is used by or belongs to specified entities, including a railroad, certain utility companies, or a public entity engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering that material has a legal right to do so, guilty of criminally receiving that property and, in addition to imprisonment, makes that act punishable by a fine of not more than $5,000. This bill would prohibit organized metal theft, described as acting in concert with one or more persons to steal metal materials from one or more of specified materials and items with the intent to sell, exchange, or return those metal materials for value, acting in concert with 2 or more persons to receive, purchase, or possess those metal materials knowing or believing it to have been stolen, acting as an agent of another to steal those metal materials as part of an organized plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft of metal. The bill would make a violation of organized metal theft punishable as either a misdemeanor or a felony. The bill would make related findings and declarations and state the intent of the Legislature. By creating new 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.
