Existing law affords a defendant in a criminal case a federal and state constitutional right to have the assistance of counsel for the defendant's defense. Under existing law, if the defendant in a criminal case is unable to employ counsel, the court is required to assign counsel to defend them, as specified. Under existing law, one of the primary responsibilities of the State Public Defender is to engage in efforts to improve the quality of indigent defense. Existing law authorizes the State Public Defender to administer and award grants to improve indigent defense services. This bill would state the intent of the Legislature to enact legislation that would establish the California Indigent Defense Commission, an entity responsible for ensuring that indigent defense services meet constitutional and professional standards.
Existing law authorizes the court to grant pretrial diversion to a defendant diagnosed with a mental disorder if the defendant satisfies certain eligibility requirements and if the court determines that the defendant is suitable for diversion. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense. Existing law excludes a defendant from diversion for specified charged offenses, including, among others, murder, voluntary manslaughter, rape, or continuous sexual abuse of a child, as specified. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent, establishes a process by which a defendant's mental competency is evaluated, and requires a court, before ordering a defendant to be committed to the State Department of State Hospitals or other treatment facility, to hear and determine whether the defendant lacks the capacity to make decisions regarding the administration of antipsychotic medication, as specified. This bill would revise the eligibility requirement by prohibiting the court from finding the defendant eligible solely based on the defendant's diagnosis of a mental disorder and would additionally require the court to find that the defendant is not mentally incompetent. The bill would require the defendant, in order to be eligible, to provide a written diagnosis of a mental disorder, from within the preceding 2 years, to the court and the prosecution, as specified. The bill would additionally exclude a defendant from diversion if they were charged with theft or an attempted theft offense, if the crime was carried out in a manner demonstrating planning, sophistication, or professionalism. The bill would also, unless the parties stipulate to defendant's placement in diversion, prohibit placement if the defendant has been charged with a violent felony, as specified, or certain felony offenses involving domestic violence. The bill would remove the court's authority to grant diversion or other forms of treatment when a defendant is mentally incompetent. Existing law prohibits a person subject to specified protective orders from owning a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own. This bill would authorize the court, for a defendant charged with a crime involving domestic violence that has completed mental health diversion, to issue an order, for up to 10 years, restraining the defendant from contact with the victim, as specified. The bill would additionally require an individual subject to a protective order through the above-described provisions to relinquish their firearms or ammunition. The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified. This bill would require that the court order restitution to the victim or victims if a defendant participates in a diversion program. This bill would make other conforming changes.
Existing law generally authorizes a court to, in the furtherance of justice, dismiss a sentencing enhancement, except if dismissal of that enhancement is prohibited by an initiative statute. Existing law provides for various sentencing enhancements, including, among others, enhancements for the use of a firearm in the commission of a felony or attempted felony, or for the damaging of property in the commission or attempted commission of a felony. This bill would require the court to impose an additional and consecutive 2-year term of state imprisonment for individuals convicted of committing a qualifying criminal activity, as specified, against a person who is an undocumented individual. By creating a new sentencing enhancement, 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 requires the Department of Motor Vehicles to immediately revoke the driving privilege of a person upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of, among other things, certain types of manslaughter. Existing law prohibits the department from reinstating that driving privilege until 3 years after the date of revocation. This bill would additionally prohibit the department from reinstating the driving privilege of a person convicted of those specified crimes and sentenced to incarceration in the state prison or county jail until 3 years after the date of release.
Under existing law, a grand jury is a body of the required number of persons chosen from the citizens of the county to serve before a court of competent jurisdiction, and sworn to inquire of public offenses that are committed or triable within the county. Existing law requires each grand jury, no later than the end of each fiscal or calendar year, to submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters. Existing law requires one copy of each final report and its responses to be placed on file with the clerk of the court who shall immediately forward the report and responses to the State Archivist. This bill would instead require the clerk to compile all final reports and responses issued during the grand jury's term of service and to transfer the reports and responses to the State Archivist within 6 months of the end of the grand jury's term of service, as specified. The bill would specify that the clerk is not required to create new or consolidated documents.
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 or other prosecuting officer 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. This bill would add the crime of conspiracy to commit murder whereby the conspiracy involves premeditated planning of an attack that is intended to cause multiple deaths or target a school, place of worship, or other public location to the list of offenses for which a juvenile may be transferred to a court of criminal jurisdiction pursuant to the above-described provisions.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, as defined, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, that has a student who has suffered unlawful violence or a credible threat of violence from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, to seek a temporary restraining order and an injunction on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility, as specified. This bill would also authorize a chief administrative officer of the postsecondary educational institution or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility to seek a temporary restraining order and an injunction on behalf of the postsecondary educational institution, upon becoming aware of unlawful violence or a credible threat of violence directed towards the postsecondary educational institution. The bill would require the Judicial Council, on or before January 1, 2028, to adopt or modify forms, as specified. The bill would also expand the course of conduct, as defined, for which a temporary restraining order can be sought to include making telephone calls or sending correspondence, including, but not limited to, email correspondence, to the postsecondary educational institution or its employees or students, or sending correspondence to the chief administrative officer. These provisions would become operative on July 1, 2029. This bill would incorporate additional changes to Section 527.85 of the Code of Civil Procedure proposed by AB 1753 to be operative only if this bill and AB 1753 are enacted and this bill is enacted last.
Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue an ex parte protective order enjoining a party from, among other things, disturbing the peace of the other party. Existing law provides that disturbing the peace of the other party refers to conduct that includes coercive control, as defined, which includes unreasonably engaging in specified actions, including isolating the other party from friends, relatives, or other sources of support. Existing law makes an intentional and knowing violation of a protective order punishable as a misdemeanor. This bill would include forced marriage for purposes of the act. The bill would define "forced marriage" as a spousal relationship in which one or both parties do not or cannot consent and one or both parties are compelled, through force, fraud, coercion, duress, abuse of power, or coercive control, to enter, attempt to enter, or maintain, a marriage, regardless of whether the marriage is legally valid. If a protective order is sought to protect against a forced marriage, the bill would authorize all persons engaged in conduct to arrange, officiate, finance, or facilitate a forced marriage or attempted forced marriage to be included in one action as respondents. The bill would provide that coercive control, for purposes of the act, includes interfering with, threatening, or attempting to prevent a party or witness from participating in a court proceeding. The bill would provide that conduct undertaken to compel, attempt to compel, prepare for, or facilitate a forced marriage constitutes disturbing the peace of the other party, as specified. The bill would require the provisions of the act to be liberally construed. The bill would authorize a court to grant relief regardless of whether a marriage has occurred or whether a purported marriage would be legally valid in this state or any other jurisdiction. Because a violation of a protective order is punishable as a crime, by expanding the bases for the issuance of these orders, the bill would expand an existing crime, thereby imposing 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.
(1) Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minor's welfare. This bill would prohibit the court from ordering that a minor be detained in a juvenile hall unless it makes a finding that a less restrictive alternative to detention in the juvenile hall is unsuitable. The bill would also require the court, upon request, to reconsider whether continued detention in the juvenile hall is necessary based on new or current information and consistent with these provisions. (2) Existing law prohibits a ward or dependent child from being taken from the physical custody of a parent or guardian unless the court makes specified findings. Under existing law, if a minor is removed from the physical custody of the minor's parent or guardian as a result of an order of wardship pursuant to specified provisions, the order is required to specify the period of imprisonment. Existing law authorizes the court to commit a minor to a juvenile hall, juvenile home, ranch, camp, or forestry camp. This bill would prohibit a minor from being committed to physical confinement, unless the court finds that a less restrictive alternative disposition for the ward is unsuitable. The bill would require the court to consider, prior to removing a minor from the physical custody of the minor's parent or guardian, whether reasonable efforts were made to prevent or eliminate the need for removal or continued removal from the home, and whether services could be provided to enable the child's parent or legal guardian to effectively provide the care and control necessary for the child to return home.
(1) 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 or possessing a firearm until they are 30 years of age. Existing law requires the juvenile court to notify the Department of Justice of persons subject to these provisions, as specified. This bill would require the juvenile court to notify the department if the juvenile court grants a dismissal of a juvenile petition for an offense that subjected the juvenile to the above-described firearm prohibition. (2) Existing law authorizes certain juvenile records to be sealed upon order of the court and to subsequently be destroyed. Existing law requires a juvenile record that has been ordered to be sealed, and that contains a sustained petition making a person ineligible to own or possess a firearm, to not be destroyed until the person is 33 years of age. Existing law authorizes a record that has been sealed by a court pursuant to these provisions to be accessed, inspected, or utilized in certain circumstances, including by the Department of Justice for the purpose of determining if the person is suitable to purchase, own, or possess a firearm, as specified. This bill would authorize the Department of Justice, if it determines based on its review of a person's sealed record pursuant to the above-described provisions that a person is or may not be suitable to purchase, own, or possess a firearm, to provide the person with a copy of the record reviewed by the department. (3) Existing law prohibits a person who has been taken into custody, assessed, and admitted to a designated facility, or who has been certified for intensive treatment after having been admitted to a designated facility, because the person is a danger to themselves or others as a result of a mental health disorder, from owning a firearm, as specified. Existing law requires a facility to submit a report to the Department of Justice containing specified information and requires the report to be kept confidential, except for the purpose of court proceedings and determination of eligibility to own, possess, control, receive, or purchase a firearm, other deadly weapon, or ammunition. This bill would require a designated facility that accepts the transfer for placement of a person pursuant to the above-described provisions to be responsible for submitting the report to the department. Existing law also prohibits a person who has been adjudicated to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, a person who has been found not guilty by reason of insanity of committing specified crimes, a person found by a court to be mentally incompetent to stand trial, or a person who has been placed under conservatorship by a court because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism from purchasing or receiving, or attempting to purchase or receive, or having possession, custody, or control of a firearm or any other deadly weapon. Existing law requires the court to notify the Department of Justice of the court order placing the person under the conservatorship and prohibiting possession of a firearm or other deadly weapon or ammunition by the person, as specified. Existing law requires all information provided to the Department of Justice regarding the conservatorship to be kept confidential and only used to determine eligibility to purchase or possesses a firearm, other deadly weapon, or ammunition, and makes a violation of this provision a misdemeanor. This bill would require all information provided to the department pursuant to the above-described provisions to be kept confidential, separate, and apart from all other records maintained by the department, except in specified circumstances, including, among others, for use by a state law enforcement agency seeking the issuance of a gun violence restraining order, and would make a violation of these provisions a misdemeanor. The bill would require notices or reports submitted pursuant to these provisions to include a copy of documents substantiating the report or detailing the listed offense prohibiting the person from possessing firearms, ammunition, or other deadly weapons, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program. Under existing law, a person who has been certified for intensive treatment under specified provisions is prohibited from owning, possessing, controlling, receiving, or purchasing, or attempting to own, possess, control, receive, or purchase, a firearm, other deadly weapon, or ammunition for a period of 5 years. This bill would require that a person who was certified for intensive treatment under the specified provisions and is released from intensive treatment following a certification review or a writ of habeas corpus to remain subject to the 5-year prohibition period described above. The bill would require a facility discharging a person certified for intensive treatment to provide the person and the Department of Justice with a copy of a specified form pertaining to the firearm prohibition. Existing law requires the Department of Justice to request specified institutions to submit information necessary to identify persons subject to the prohibitions regarding firearms, destructive devices, and explosives. This bill would require the various reports to the department to include a copy of specified identification information for persons subject to these provisions, as specified. The bill would authorize the department to use, and to give to specified entities, the information provided to the department to determine the eligibility of a person to acquire, care, or possess ammunition. This bill would make unauthorized disclosure of the information provided pursuant to these provisions a misdemeanor. (4) 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.
