Existing law establishes the Commission on Peace Officer Standards and Training (POST) to set minimum standards for the recruitment and training of peace officers and to develop training courses and curriculum. Existing law authorizes POST to suspend or revoke the certification of a peace officer if the peace officer has engaged in any serious misconduct, as specified. Existing law requires POST to adopt by regulation a definition of "serious misconduct" that serves as the criteria to be considered for ineligibility for, or revocation of, certification, as provided. This bill would additionally authorize POST to suspend or revoke the certification of a peace officer who commits specified theft under color of authority, where the peace officer acted with specific intent to permanently deprive the owner of the property. This bill would incorporate additional changes to Section 13510.8 of the Penal Code proposed by AB 1896 to be operative only if this bill and AB 1896 are enacted and this bill is enacted last.
Existing law makes it a crime to engage in money laundering, defined as conducting a transaction involving a monetary instrument of specified value through a financial institution with the specific intent to promote or facilitate criminal activity or knowing that the monetary instrument represents the proceeds of or is derived from the proceeds of criminal activity. Existing law establishes the Restitution Fund, a continuously appropriated fund in the State Treasury, to provide funding to compensate victims of crime. This bill would, until January 1, 2032, expand the crime of money laundering to include conducting a transaction involving a monetary instrument of specified value using digital assets, as defined. The bill would make other technical, nonsubstantive changes, as provided. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law, the California Control of Profits of Organized Crime Act, establishes a procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity, as defined, upon the conviction of the underlying criminal offense, including money laundering, and requires the prosecuting agency to file a petition of forfeiture in conjunction with certain criminal proceedings. Existing law authorizes any person claiming an interest in property or proceeds subject to forfeiture to file with the superior court in which the forfeiture action is pending a verified claim stating their interest in the property or proceeds, as specified. This bill would, until January 1, 2032, authorize a law enforcement officer or prosecuting agency, as defined, to obtain a search warrant to seize digital assets or wallets, accounts, or similar things containing digital assets (collectively "digital assets") upon a showing of probable cause that the digital assets contain proceeds of a crime or proceeds traceable to a crime or have been used to facilitate a crime. The bill would require the search warrant to specify any centralized exchanges, custodians of digital assets, addresses, or other locations from which the digital assets will be seized, to describe how the warrant will be served, and to specify the amount of digital assets to be seized, as specified. The bill would authorize, within 180 days of any seizure, a prosecuting agency to initiate a special proceeding to forfeit the seized digital assets, including providing notice to all readily ascertainable potential owners of the digital assets and anyone with a known security interest. The bill would require any person with a claim to the seized digital assets to file a verified claim under penalty of perjury and supported by admissible evidence within 30 days of the date of service of the notice from the prosecuting agency, as specified. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would provide a process for a court to adjudicate and resolve these verified claims, as specified. The bill would require the court, after all the claims are resolved, to issue a final judgment forfeiting the remaining digital assets and would provide a process for a prosecuting agency to distribute the remaining digital assets to victims, as specified. The bill would require any digital assets not distributed to victims to be kept in the custody of law enforcement or prosecuting agency for a maximum of 3 years, after which the forfeited assets would be deposited into the Restitution Fund for the purpose of providing victim services. By expanding the revenue sources of a continuously appropriated fund, and by expanding the purposes for which moneys in a continuously appropriated fund may be used, the bill would make an appropriation. 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.
Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, to allow the defendant to undergo mental health treatment. Existing law prescribes specified criteria for a defendant to be eligible for pretrial diversion and for a court to consider whether the defendant is suitable for pretrial diversion. Existing law authorizes a court to require the defendant to make a prima facie showing that they will meet the minimum requirements of eligibility for diversion and that the defendant and the offense are suitable for diversion and authorizes the court, if that showing is not made, to summarily deny diversion and grant alternate relief. This bill, if the court intends to summarily grant diversion or any other relief, would require the court to conduct an additional hearing if requested by either party. By increasing the 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.
(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.
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 compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and limits on the amount of compensation that the board may award, and requires the application for compensation to be verified under penalty of perjury. This bill would create a pilot program, the Trauma Healing and Resilience Investment for Victimized and Exposed Youth Act (T.H.R.I.V.E.) , to be administered by the State Department of Health Care Services, upon appropriation by the Legislature, for the administration of grants to the County of Los Angeles to establish and administer a program to pay for mental health and counseling services for youth survivors of gun violence, as defined, who request those services and who reside in that county. The bill would require policies and procedures for distributing funds to meet certain requirements, including, among other things, allowing youth survivors of gun violence, or their parents or guardians for survivors who are minors, to attest to their experiences of gun violence without requiring external documentation of the gun violence incident. The bill would create the Trauma Healing and Resilience Investment for Victimized and Exposed Youth Fund to be used by the department for the purposes of this program, upon appropriation by the Legislature. The bill would make client information and records of mental health services provided to these provisions confidential. The bill would make implementation of these provisions contingent upon appropriation by the Legislature. The bill would repeal these provisions on January 1, 2032. 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.
Existing law establishes the Commission on Peace Officer Standards and Training, and requires the commission to, among other things, establish a certification program for peace officers, as defined. Existing law requires the commission, in consultation with specified subject matter experts, to develop guidelines and a course of instruction and training for law enforcement officers, including, but not limited to, hate crimes, elder and dependent abuse, and stalking. This bill would require peace officers assigned primarily to traffic enforcement to complete a National Highway Transportation Safety Administration (NHTSA) -approved standard field sobriety testing course of a minimum of 16 hours within one year of their assignment and, if an officer leaves employment with a law enforcement agency and does not become employed by a law enforcement agency within 2 years of their departure date, would require the officer to complete any of several specified commission-certified training courses, including a NHTSA refresher course if they are assigned to traffic enforcement. Because this bill would require additional training for local peace officers, it 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 establishes various programs to prevent crime, coordinate the efforts of law enforcement, and collect and analyze criminal statistics. Existing law specifically establishes a regional property crimes task force to assist local law enforcement and railroad police in counties identified as having elevated levels of property crime, including, but not limited to, organized retail theft, cargo theft, vehicle burglary, and theft of vehicle parts and accessories. Under existing law, the Attorney General is the chief law officer of the state and the head of the Department of Justice. This bill would require the Attorney General to establish the California Cargo Theft Task Force to combat crimes involving the theft, diversion, embezzlement, unlawful taking, or fraudulent acquisition of cargo or freight. The bill would prescribe the membership of the task force. The bill would require the task force, among other duties, to investigate, apprehend, and recommend for prosecution, as appropriate, individuals or entities that engage in cargo theft or related offenses. The bill would require the Attorney General, on or before January 1, 2028, and each year thereafter, to submit a report to the Governor, Legislature, and Secretary of State on the activities of the task force, as specified. The bill would define terms for its purposes.
(1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery agents, defined to mean a licensed individual given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive, and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. Existing law prohibits a person from performing the activities of a bail fugitive recovery agent unless licensed by the Insurance Commissioner, as provided. Existing law provides for the issuance of bail licenses under the jurisdiction of the commissioner and makes a violation of those provisions a crime. Existing law requires a bail fugitive recovery agent to file certain information with the commissioner, including a policy of liability insurance that provides minimum limits of insurance of $1,000,000 for any one loss or occurrence due to either bodily injury or death, or property damage, or both. This bill, the Bail Fugitive Recovery Agent Reform Act, would require a bail fugitive recovery agent (BFRA) to have on file the above-described policy of liability insurance that complies with various requirements, as specified. The bill would require specified records, documents, and information regarding the BFRA liability insurance policy to be filed in the manner specified by the commissioner no more than 30 days after issuance by the issuing insurance company or placement by the production agency. If a BFRA fails to maintain liability insurance or fails to provide proof of the required insurance policy, the bill would require the commissioner to provide written notice to the BFRA that they have 30 days to provide proof of compliance or the BFRA will be automatically suspended without proceedings after the 30-day period. (2) Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law similarly requires an applicant for a BFRA's license to file with the commissioner a notice of appointment executed by a bail agent or surety insurer authorizing that applicant to act on behalf of, and pursuant to, the instructions of the appointing licenseholder. Existing law authorizes these notices of appointment to continue in force until the termination of the agent's license, the end of the license term, or the filing of a notice of termination, as specified. This bill would apply the filing requirement for an applicant for a license to act as a bail agent to every holder of a license to act as a bail agent and would apply the filing requirement for an applicant to act as a BFRA to every holder of a license to act as a BFRA. For an applicant for a license to act as a BFRA or a holder of a license to act as a BFRA, the bill would prohibit the notices of appointment from being considered effective until the notice is formally filed with and acknowledged by the Department of Insurance. (3) Existing law requires the Commission on Peace Officer Standards and Training (POST) to establish a certification program for peace officers for the purpose of fostering professionalization, education, and experience necessary to accomplish the general police service duties, as specified. This bill would require a BFRA applicant or licensee who has been issued the above-described certificate for peace officers and has had that certification suspended or revoked by POST, or has voluntarily surrendered that certification, to notify the commissioner, as provided. (4) Existing law authorizes the commissioner to decline to issue a bail license until the commissioner is satisfied that the applicant, among other things, has not willfully misstated any material fact in their application or procured a misstatement in the supporting documents of their application. This bill would revise that condition to authorize the commissioner to decline to issue a bail license until the commissioner is satisfied that the applicant has not willfully or knowingly made a misstatement in the application or has not made a false statement in testimony given under oath before the commissioner or another person acting in the commissioner's stead. The bill would also require any applicant for, or holder of, a BFRA license to be a current resident of this state and have been a continuous resident of this state for at least 2 years before applying for a BFRA license. (5) Existing law generally prescribes the requirements of conduct by a BFRA licensee, including, among other things, prohibitions against any uniform of a BFRA that represents the BFRA as belonging to any part or department of the federal, state, or local government, as specified. Existing law, except under exigent circumstances, requires a BFRA to, prior to and no more than 6 hours before attempting to apprehend the bail fugitive, notify the local police or sheriff's department of the intent to apprehend a bail fugitive in that jurisdiction. If an exigent circumstance arises and prior notification is not given, existing law requires a BFRA to notify the local police or sheriff's department immediately after the apprehension and submit a detailed explanation of those exigent circumstances upon request of the local jurisdiction. This bill would additionally prohibit a BFRA from, among other things, threatening legal action unrelated to the case for which bail was given and loitering on or around a property if the bail subject is not present. The bill would also require a BFRA licensee to affix, type, or print their license number on business cards or other documents produced by the licensee in a specified type size. The bill would require the above-described notice provided to the local police or sheriff's department to be in writing and include specified information. The bill would require any record relating to notice to the local police or sheriff's department to be transcribed in writing and retained by the BFRA for a period of not less than 5 years from the date of notice. The bill would require the BFRA to provide a copy of any notice requested by the commissioner within 21 calendar days of the request and would require specified information to be included in the copy. The bill would prescribe a fine of $4,000 for each offense, as specified. By establishing new requirements for BFRA applicants and licensees, the violation of which is a crime, the bill would impose a state-mandated local program. (6) This bill would make various conforming changes. The bill would provide 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 no reimbursement is required by this act for a specified reason.
