Criminal Justice

Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law requires the driver of a vehicle involved in an accident resulting in injury or death to a person, other than that driver, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime, punishable as a misdemeanor for an accident resulting in injury and punishable as a misdemeanor or a felony for an accident resulting in death or serious injury, as defined. This bill would make the above-described violation for an accident resulting injury punishable as a misdemeanor or a felony and would impose an increased felony penalty for the above-described violation for an accident resulting in death or serious injury, if either of those violations occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By increasing the potential time of imprisonment, the bill would impose a state-mandated local program. Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a person's death, they may be charged with murder. This bill would additionally require this advisement to be given if a person enters a plea to a different or lesser offense, as described. 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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Public Records Act, authorizes the inspection and copying of any public record except where specifically prohibited by law. Existing law, with specified exemptions, makes confidential the personnel records of peace officers and custodial officers and certain other records maintained by their employing agencies. Existing law provides that this exemption from disclosure does not apply to investigations of these officers or their employing agencies or to related proceedings conducted by a grand jury, a district attorney's office, or the Attorney General's office. This bill would additionally grant access to the confidential personnel records of peace officers and custodial officers and records maintained by their employing agencies, as specified, to civilian law enforcement oversight boards or commissions during investigations or related proceedings concerning the conduct of those officers. The bill would require those oversight boards to maintain the confidentiality of those records, and would authorize them to conduct closed sessions, as specified, to review confidential records. The bill would additionally authorize a county inspector general to access those personnel records, as specified. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by AB 1178 and AB 1388 to be operative only if this bill and AB 1178 or AB 1388 are enacted and this bill is enacted last.

Existing law prohibits a juvenile who is adjudged a ward of the juvenile court due to the commission of specified serious or violent offenses from subsequently owning, possessing, or having under their custody or control a firearm until they are 30 years of age. A violation of this prohibition is punishable as a misdemeanor or as a felony. Existing law also prohibits certain other persons, including a person who is convicted of a felony offense, from owning, possessing, or having under their custody or control a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own, possess, or have under their custody or control and specifies the procedures to be used to relinquish those firearms or ammunition. Those procedures, among other things, require the court to provide specific instructions to the defendant and to assign the matter to a probation officer to investigate whether the defendant owns, possesses, or has under their custody or control any firearms, require a law enforcement agency to update the Automated Firearms System to reflect any firearms that were relinquished to the agency pursuant to these procedures, and require a defendant to timely file a completed Prohibited Persons Relinquishment Form. Existing law makes it an infraction for a defendant to fail to timely file that form. This bill would make those procedures to relinquish firearms or ammunition applicable to a juvenile who is prohibited from owning, possessing, or having under their custody or control a firearm until they are 30 years of age. By expanding the scope of a crime and expanding the duties of local probation departments and law enforcement agencies, this bill would impose a state-mandated local program. Existing law allows a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also specifies the grounds upon which a search warrant may be issued, including, among other grounds, that the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a person prohibited from owning, possessing, or having the custody and control of a firearm pursuant to specified provisions of law, and the court has made a finding that the person has failed to relinquish the firearm as required by law. This bill would additionally allow a search warrant to be issued when the property or things to be seized include a firearm that is owned by, or in the possession of, or in the custody or control of, a juvenile who is subject to the prohibition on owning or possessing a firearm until they are 30 years of age when the court has made a finding that the person has failed to relinquish the firearm as required by law. This bill would declare that its provisions 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 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 makes a person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another guilty of torture, and makes the crime punishable by imprisonment in the state prison for a term of life. Existing law specifies that an inmate imprisoned under a life sentence shall not be paroled until they have served a term of at least 7 years or as established pursuant to a law that establishes a minimum term. This bill would prohibit a person imprisoned for committing the crime of torture from being eligible for parole until they have served at least 10 years, if the defendant is an adult who had care or custody of the victim and the victim was 14 years of age or younger at the time of the crime. By creating a new sentencing enhancement, 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 establishes a summary proceeding, known as a forcible entry, forcible detainer, or unlawful detainer action, as specified, that a person in lawful possession of real property must follow in order to remove a person who unlawfully occupies that property. This bill, the Remove Illegal Squatters from Private Property Act, would make a person guilty of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time, knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner. The bill would require a law enforcement agency that receives a complaint of a violation of these provisions to issue a citation and would provide a means for the person to show lawful entry on the land or premises. If court determines that the documentation showing lawful entry is improper or fraudulent, the bill would make the violation punishable by removal, specified fines, and as a misdemeanor. By increasing duties of local law enforcement and creating a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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.

(1) Existing law, the Sex Offender Registration Act, requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. A willful failure to register, as required by the act, is a misdemeanor or felony, depending on the underlying offense. Existing law exempts a person convicted of certain offenses involving a minor from mandatory registration under the act if, at the time of the offense, the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register. This bill would repeal that exemption. (2) Existing law, as amended by Proposition 57, an initiative measure approved by the voters at the November 8, 2016, statewide general election, removed the requirement that a person 14 years of age or older who commits certain severe crimes be automatically tried in adult court and requires that specified youth have a transfer hearing in juvenile court before they can be transferred to adult court. Proposition 57 also limited the criteria for which a juvenile transfer hearing may occur, including a youth committing specified crimes when they were 14 or 15 years of age or a felony when they were 16 or 17 years of age. This bill would repeal the changes enacted by Proposition 57. The bill would also make technical and conforming changes. (3) Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the person's county of domicile prior to their incarceration unless extraordinary circumstances exist requiring placement outside the county, as specified. Existing law also prohibits the placement of a person released on conditional release within 14 mile of any public or private school, as specified. The bill would require the State Department of State Hospitals to ensure department vendors consider public safety as the overriding consideration in the placement of a conditionally released sexually violent predator and approve a potential placement before a department employee or vendor signs a lease or rental agreement for the placement of a sexually violent predator, as specified. The bill would prohibit the placement of a person released on conditional release within an area zoned for residential use in the general plan of a city or county and within 3 miles of tribal land, except as specified. The bill would require the department to have proof of housing before conditionally releasing a sexually violent predator. (4) This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute to the electors for their approval at the next statewide primary election.

Under existing law it is grand theft to steal copper materials valued at more than $950. A violation of this provision is punishable either as a misdemeanor or a felony by imprisonment in county jail and specified fines. This bill would make it a crime to unlawfully possess copper materials, as specified. The bill would define what it means to "unlawfully possess" copper materials to include possessing without documentation proving lawful possession. The bill would prescribe the information that constitutes proof of lawful possession, as specified, including the identity of the seller and the date of the transaction. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would also prohibit a person from falsifying any record intending to show proof of lawful possession. By creating a new crime, this bill would impose a state-mandated local program. Existing law prohibits any collector or dealer of metals to purchase certain junk metals, as specified, without first ascertaining that the seller legally possesses the materials. Existing law also requires the dealer to obtain evidence of the identity of the seller, including, but not limited to, the seller's name and address. This bill would require any collector or dealer of metals to ascertain the location from which the purchased material was obtained. Existing law makes it a crime for a person who is engaged in the salvage, recycling, purchase, or sale of scrap metal to possess certain items that have been stolen or obtained by theft or extortion, as specified, and requires that the person knew or reasonably should have known that the property was stolen or failed to report possession of the items, as specified. This bill would additionally prohibit a person who is engaged in the salvage, recycling, purchase, or sale of scrap metal, as specified, from possessing certain items knowing that those items were possessed without proof of lawful possession. 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 defines extortion as the obtaining of property from another, with consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right. Existing law further provides that fear sufficient to constitute extortion may be induced by certain threats, including a threat to accuse the threatened individual, or the individual's relative or family, of a crime. This bill would provide that a threat to post, distribute, or create AI-generated images or videos of another may also induce fear sufficient to constitute extortion. By expanding the crime of extortion, 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 generally regulates deadly weapons, including assault weapons. Existing law defines an assault weapon, including, among others, as a semiautomatic centrefire firearm, as specified, that has a threaded barrel capable of accepting a silencer. Existing law defines a silencer, among others, as any device or attachment intended to muffle the sound of a firearm. Existing law makes it a felony for any person, firm, or corporation to possess a silencer for a firearm. Existing law exempts specified actions from those provisions, including the manufacture, possession, transportation, or sale or other transfer of a silencer to specified law enforcement agencies and military or naval forces by dealers or manufacturers registered under federal law. Existing law authorizes a court to sentence an eligible person convicted of a felony to probation. Existing law prohibits granting probation in specified circumstances, including if the person possesses a silencer. Existing law requires any weapon, including a firearm and any attachments, 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 replace the term "silencer" with the term "suppressor" in the above provisions.

Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency, as defined, under specified circumstances. Existing law defines a "first responder" as an employee of the state or a local public agency who provides emergency response services. Existing law makes it a misdemeanor to impersonate certain first responders, including a member of a fire department. This bill would state the intent of the Legislature to enact legislation relating to the impersonation of first responders during a state of emergency.