Existing law authorizes a court to issue an ex parte restraining order to prevent abuse based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the ex parte restraining order. Existing law requires the ex parte order to be issued or denied on the same day the application is submitted to the court, except as specified. Existing law prohibits an ex parte restraining order from being denied solely because the other party was not provided with notice. This bill would instead prohibit a court from requiring that notice 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. The bill would also prohibit a court from requiring an explanation or declaration for not providing notice in advance of accepting a filing for, or deciding, an application for an ex parte restraining order. The bill would prohibit a court from adopting or maintaining any rule, form, or practice that is inconsistent with these provisions.
Existing law allows a person who is unlawfully imprisoned or restrained of their liberty to prosecute a writ of habeas corpus to inquire into the cause of their imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted on several bases, including on the basis of false evidence that is material on the issue of guilt or punishment, as specified, or the discovery of new evidence that exists that is presented without substantial delay, is admissible, and that has not been previously presented and heard at trial and has been discovered after trial. Existing law creates a presumption in favor of granting relief through habeas when the district attorney in the county of the conviction or the Attorney General concedes or stipulates to a legal or factual basis for habeas relief. This bill would revise the above-described standards to no longer require false evidence to be material and would instead require that the evidence create any reasonable likelihood it could have affected the outcome of the case. The bill would also change the new evidence standard to instead require that there be a reasonable probability it would have produced a different result sufficient to undermine confidence in the outcome of the case. The bill would revise the presumption in favor of granting relief to instead make a stipulation binding on the parties, if certain conditions are met, unless the moving party proves by a preponderance of the evidence that the other party violated the terms or the state withheld evidence, as specified. The bill would also revise the process for a concession and instead prohibit a party from withdrawing a concession if the concession is contained in a return or other written filing signed by counsel for respondent, as specified. Existing law allows a person who is no longer unlawfully imprisoned or restrained to prosecute a motion to vacate a judgment on the basis of newly discovered evidence of fraud by a government official that completely undermines the prosecution's case, is conclusive, and points unerringly to their innocence, newly discovered evidence that a government official testified falsely at trial that resulted in the conviction and that the testimony was substantially probative on the issue of guilt or punishment, or newly discovered evidence of misconduct by a government official committed in the underlying case that resulted in fabrication of evidence that was substantially material and probative on the issue of guilt or punishment. The bill would revise the above-described standards to instead require a demonstration that there is a reasonable probability the evidence would have produced a different result sufficient to undermine confidence in the outcome of the case, as specified. The bill would make other conforming changes. The bill would make related findings and declarations.
Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. Existing case law prohibits the use of a minor's statements made at a transfer hearing or to a probation officer from being used during a criminal prosecution of the minor transferred to the court of criminal jurisdiction. This bill would codify existing case law to prohibit the use of the minor's statements made during a transfer hearing or to the minor's probation officer for the purposes of preparing a report for a transfer hearing from being used against the minor during subsequent juvenile proceedings or subsequent criminal proceedings, as specified. This bill would state that the provisions of this bill are declaratory of existing law.
Existing law authorizes, until January 1, 2027, a party to appear remotely and a court to conduct conferences, hearings, proceedings, and trials in civil cases, in whole or in part, through the use of remote technology. This bill would extend the operation of these provisions to January 31, 2029. The bill would additionally authorize any non-party witness to appear remotely pursuant to these provisions.
Existing law makes a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or to effect or maintain a violation of various felony or misdemeanor offenses, including offenses relating to prostitution, child pornography, as specified, or extortion, as defined, guilty of human trafficking. Existing law makes a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of various felony or misdemeanor offenses, also guilty of human trafficking. Existing law establishes the requirements for a continuance to be granted in a criminal case, including a showing of good cause. Existing law defines "good cause" for this purpose to include, but not be limited to, cases involving specified crimes, including murder and domestic violence, and to apply when the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. This bill would, in a case involving human trafficking, require the court, in determining if good cause for a continuance exists, to give great weight to the fact that the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. The bill would authorize the court to grant only one continuance for a maximum of 10 additional court days for that reason. This bill would incorporate additional changes to Section 1050 of the Penal Code proposed by AB 2052 to be operative only if this bill and AB 2052 are enacted and 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, the Alcoholic Beverage Control Act, provides for the issuance, suspension, revocation, and conditions upon licensure for the manufacture, distribution, and sale of alcoholic beverages. Existing law makes every person who sells, furnishes, gives, or causes to be sold, furnished or given away any alcoholic beverage to any person under 21 years of age guilty of a misdemeanor. Existing law also makes it unlawful for a person who is under the influence of any alcoholic beverage or drug, or the combined influence of both, to drive a vehicle and requires a court, when granting probation following conviction of a driving under the influence offense, to impose certain terms and conditions, including that the individual not drive a vehicle with any measurable amount of alcohol in their blood, among others. This bill would require everyone who sells or furnishes alcoholic beverages to first review bona fide evidence of majority and identity, as described. The bill would authorize a court when granting probation for certain driving under the influence offenses to prohibit the person from purchasing alcohol and would require the Department of Motor Vehicles to issue an identification card or driver's license with an appropriate designation on the face upon the receipt of an abstract of the record of a court. The bill would authorize the court to prohibit the purchase of alcohol when the offense occurred within 10 years of 2 or more driving under the influence offenses that resulted in conviction or certain other prior convictions, or if the conviction was for vehicular manslaughter, as specified. The bill would require a seller of alcoholic beverages to refuse to sell or serve someone subject to such an order. To the extent this bill would require a higher level of service from court staff who are county employees, 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 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 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. Existing law, on and after July 1, 2021, authorizes a person to file a petition in the superior court in the county in which they are registered for termination from the sex offender registry on or after their next birthday following the expiration of the mandated minimum registration period. If the district attorney requests a hearing regarding the above-described petition, under existing law, the district attorney is entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. Existing law requires the court, in determining whether to order continued registration pursuant to the hearing, to consider specified information, including the person's current risk of reoffense as indicated on the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) , as specified. This bill would authorize the court to order the petitioner to be present at the hearing described above, as specified. The bill would require the hearing to be heard in the county in which the person is registered. The bill would additionally require the court to consider whether the offender was in a position of trust or authority in relation to the victim and proof of participation in or successful completion of sex offender-specific treatment by the offender in the above-described determination. The bill would require the court to verify, as specified, participation in or completion of treatment. The bill would make other clarifying changes.
Existing law defines a sexually violent predator to mean a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that the person will engage in sexually violent criminal behavior. For purposes of this definition, a conviction for a sexually violent offense includes convictions that resulted in either a determinate or an indeterminate prison sentence, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department's jurisdiction, and who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals at least 6 months prior to that individual's scheduled date for release from prison if the secretary determines that the person may be a sexually violent predator. Existing law requires a petition for commitment as a sexually violent predator to be filed in the county in which the person was convicted of the sexual offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation. This bill would also require the Executive Officer of the Board of Parole Hearings to make that referral and revise the criteria for referral to additionally apply to a person who is serving an indeterminate prison sentence. The bill would also authorize the secretary, or the Executive Officer of the Board of Parole Hearings, to refer the person for evaluation if the person will be scheduled for a parole hearing within the next 6 months. By imposing additional duties on counties regarding commitment of persons as sexually violent predators, this bill would impose a state-mandated local program. The bill would also make conforming changes. 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.
