Criminal Justice

Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law gives the Department of Cannabis Control the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state. Existing law authorizes the department to take disciplinary actions against a licensee, as provided. Existing law requires the department to prepare and disseminate, as specified, an annual report relating to the department's activities, including, among other things, the amount of funds allocated and spent by the department for cannabis licensing, enforcement, and administration, and the number of state licenses issued, renewed, denied, suspended, and revoked. This bill, the Cannabis Enforcement Accountability and Public Health Prioritization Act of 2026, would require the department, beginning January 1, 2028, to prioritize its enforcement of MAUCRSA in a manner consistent with an enforcement prioritization policy, as defined, based on specified categories, that are listed from highest to lowest priority, based on conduct or conditions, as specified, that create a risk of harm, as described. The bill would define "risk of harm" as the likelihood of, among other things, interference with enforcement of state law. Beginning January 1, 2028, the bill would require the department to adopt and publish an enforcement prioritization policy, as specified, and would require the department to include in the above-described annual report the number, geographic distribution, and, as applicable, dollar amount of specified enforcement activities in relation to the risk-based enforcement framework, as provided.

Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury upon the person of another. Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law, an assault or battery committed against specified professionals engaged in the performance of their duties, including peace officers, firefighters, and emergency medical personnel, is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. This bill would make an assault or battery committed against a utility worker, as defined, who is engaged in the performance of their duties punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of these crimes, 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, the Community Assistance, Recovery, and Empowerment (CARE) Act (CARE Act) , authorizes specified persons, including a person with whom the respondent resides, family members, and first responders, among others, to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, or bipolar I disorder with psychotic features, and who meet other specified criteria. Existing law requires the Judicial Council to develop a mandatory form for use to file a CARE process petition with the court and any other forms necessary for the CARE process, to be signed under the penalty of perjury, and requires the form to contain certain information, including either a specified affidavit of a licensed behavioral health professional or evidence the respondent was detained for a minimum of two intensive treatments pursuant to specified provisions of law. Existing law, the Lanterman-Petris-Short Act (LPS Act) , generally provides for the evaluation, treatment, and civil commitment of persons with mental health disorders and other specified persons. Existing law authorizes, under a superior court order, an evaluation of a person alleged, as a result of mental disorder, to be a danger to themselves or others or to be gravely disabled, and provides the forms to use for these evaluations. The CARE Act authorizes a court to terminate a respondent's participation in the CARE process if the court determines that the respondent is not participating in the CARE process or is not adhering to their CARE plan, as specified, and authorizes the court to order the court-ordered evaluation under the LPS Act. If the court finds the petitioner has made a prima facie showing that the respondent is, or may be, a person eligible for the CARE program, the court is required to order the county behavioral health agency, or their designee, as specified, to submit a written report to the court with specified information, including, but not limited to, a determination whether the respondent meets, or is likely to meet, the criteria for the CARE process and conclusions and recommendations about the respondent's ability to voluntarily engage in services. Existing law requires the court to, within 5 days of receiving the report, take one of several actions, including dismissing the petition if the court determines that voluntary engagement with the respondent is effective and the individual has enrolled, or is likely to enroll, in behavioral health treatment. This bill would require the written report to include conclusions about whether the respondent is likely to need a higher level of care than is available under the CARE Act and, if so, recommendations about the appropriate level of care and the necessary steps to obtain that level of care for the respondent and remove the authorization for a court to dismiss the petition if the respondent is only likely to enroll in behavioral health treatment. If the court intends to dismiss a petition because the respondent needs a higher level of services, the bill would authorize the court to order the county to conduct a prepetition screening and hold the CARE petition open until the screening is complete. The bill would also make other technical and conforming changes. By requiring a higher level of service on the county, this bill would impose a state-mandated local program. Existing law requires all hearings regarding these provisions to occur in person unless the court, in its discretion, allows a party or witness to appear remotely. This bill would require the court to allow the hearings to be held remotely, unless otherwise ordered by the court or demanded by the respondent. 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 a person, who claims title to a firearm that is in the custody of a court or law enforcement agency and wishes to have it returned, to make an application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm. Under existing law, a law enforcement agency or court that has taken custody of a firearm is prohibited from returning the firearm to an individual unless specified requirements are met, including, but not limited to, requiring the person to be eligible to possess a firearm and verifying that the firearm is not listed as stolen and the firearm has been recorded in the Automated Firearms System in the name of the person, as specified. Existing law requires any weapon that was carried unlawfully for specified crimes to be surrendered to specified law enforcement entities. Existing law requires weapons surrendered pursuant to these provisions to be destroyed by the law enforcement entity. This bill would authorize a law enforcement agency, as defined, to create a voluntary firearm storage program that allows a person to voluntarily transfer custody of their firearm to the local law enforcement agency for temporary safekeeping purposes to prevent firearm violence, suicide, and other injury. The bill would require a law enforcement agency adopting this program to provide clear instructions on the procedure to voluntarily transfer custody of a firearm and to provide clear instructions on the process for requesting return of the firearm, as specified. Upon receipt of a firearm, the bill would require a law enforcement agency to, among other things, check a certain database to ensure the firearm has not previously been reported lost, stolen, or involved in a crime and ensure that the requesting person is eligible to possess firearms when the firearm is returned to the person. The bill would require a law enforcement agency to destroy a firearm that a person failed to retrieve at the end of a time period specified by the law enforcement agency, except as provided. Existing law prohibits the carrying of a concealed firearm or the open carrying of a firearm, as specified. Existing law provides certain exemptions to these prohibitions, including exemptions for peace officers, retired peace officers, and persons possessing a valid license to carry a concealed firearm. Existing law generally regulates the sale and transfer of firearms, including, among other requirements and subject to exceptions, that the transfer of a firearm be conducted through a firearms dealer. This bill would exempt the voluntary transfer of a firearm to a local law enforcement agency pursuant to the provisions above from these prohibitions and regulations.

Existing law provides the pleas a defendant may make to an indictment, information, or complaint charging a misdemeanor or infraction. Existing law requires defense counsel to advise a defendant about the immigration consequences of a proposed disposition, as specified. Existing law requires the prosecution to consider the avoidance of adverse immigration consequences in the plea negotiation process, as specified. This bill would instead require the prosecution to meet and confer during the negotiation process with the defense in an effort to avoid the adverse immigration consequences of a plea, conviction, or sentence. The bill would establish a rebuttable presumption of a violation of the above-described requirement if the defendant asserts facts that provide a prima facie showing that during negotiations the defendant proposed an alternative plea or sentence that would avoid adverse immigration consequences, including, among other things, an offense of greater seriousness, and the prosecution declined the offer. Upon a prima facie showing of the above-described circumstances, the bill would require the court to order a hearing and would require the prosecution to demonstrate good cause for the failure to offer a plea that would avoid adverse immigration consequences. If the court finds that the prosecuting attorney failed to establish good cause at the above-described hearing, the bill would require the court to impose an appropriate remedy, as specified. By imposing additional duties on local prosecutors, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others or to themselves, or is gravely disabled, the person may, upon probable cause, be taken into custody by specified individuals, including, among others, peace officers, and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. This bill would require the California Health and Human Services Agency (agency) to establish the Behavioral Health Crisis Response Advisory Group for the purpose of examining the role of law enforcement in behavioral health crisis response, as specified. The bill would require the membership of the advisory group to include representatives from, among others, the agency, the State Department of Health Care Services, law enforcement agencies, and county behavioral health departments, as appointed by the Governor. The bill would require the advisory group to meet on or before July 1, 2027, and at least once per quarter thereafter until December 31, 2028. The bill would require the agency, in collaboration with the advisory group, to make recommendations on specified topics, to the extent they relate to law enforcement interaction with behavioral health crisis response, including, among others, a state governance structure to support coordination between behavioral health crisis services accessed through 988 and emergency response systems. The bill would require the agency, in collaboration with the advisory group, to conduct an assessment of the risks associated with categorical nonresponse or limited-response policies adopted by local law enforcement agencies and whether statewide minimum standards or procedural safeguards are needed to prevent gaps in behavioral health crisis response. The bill would require the agency on January 1, 2028, and annually thereafter until January 1, 2030, to report recommendations and assessment results, as specified, to the Legislature. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. This bill would repeal these provisions on January 1, 2031. 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 law enforcement and state and local governments to interact with and report on federal action against individuals based on their perceived or actual immigration status in various specified manners. Under existing law, for example, a local governing body of any county, city, or city and county in which a local law enforcement agency has provided access to an individual during the last year by the federal Immigration and Customs Enforcement (ICE) is required to hold at least one community forum, as specified, to provide public information about ICE's access to individuals and to receive and consider public comment. This bill would establish within the Department of Justice on July 1, 2027, the Working Group on Civil Rights Accountability, consisting of 12 appointed members, to develop and maintain a statewide reporting dashboard with specific data fields to document and categorize alleged constitutional or civil rights violations arising from federal immigration enforcement activities within the state. The bill would require a nonprofit organization, if eligible as specified, to be authorized to submit reports to the dashboard. The bill would require the department to establish specific standards, protocols, and procedures for a nonprofit organization to submit reports to the dashboard, including establishing data verification procedures. The bill would require the working group, beginning January 1, 2028, and on each January 1 thereafter, to submit a report of specific information and policy recommendations to the Legislature and make that annual report publicly available. This bill would also exempt the reports required pursuant to the above-described provisions from the disclosure requirements of the California Public Records Act. The bill would make legislative findings and declarations in support of its provisions. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

This bill establishes January as National Human Trafficking Awareness Month in California to raise public awareness about human trafficking. The resolution recognizes the severity of human trafficking as a felony crime and highlights statistics showing its prevalence across the country and specific challenges with identifying male victims and labor trafficking cases. It aims to educate the public and encourage reporting and support for victims during this designated month.

Existing law that governs the labor relations of public employees and employers, including, among others, the Meyers-Milias-Brown Act, the Ralph C. Dills Act, provisions relating to public schools, and provisions relating to higher education prohibits employers from taking certain actions relating to employee organization, including imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with, restraining, or coercing employees because of their exercise of their guaranteed rights. Those provisions of existing law further prohibit denying to employee organizations the rights guaranteed to them by existing law. This bill would prohibit a public employer from questioning a public employee, a representative of a recognized employee organization, or an exclusive representative regarding communications made in confidence between an employee and an employee representative in connection with representation relating to any matter within the scope of the recognized employee organization's representation. The bill would also prohibit a public employer from compelling a public employee, a representative of a recognized employee organization, or an exclusive representative to disclose those confidential communications to a third party. The bill would not apply to a criminal investigation or when a public safety officer is under investigation and certain circumstances exist.

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.