Asm. Stephanie Nguyen

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law requires the department, on or before March 1, 2019, to submit a rate study to specified committees of the Legislature regarding community-based services for individuals with developmental disabilities. Existing law requires the department to implement rate increases between April 1, 2022, and July 1, 2025, to raise service providers' rates based on a formula that takes into account the fully funded rate reflected in the rate models that were included in the rate study. This bill would require the department, commencing on July 1, 2025, and every other year thereafter, subject to appropriation and the approval of federal funds, to review and update the rate models, as defined, per the cost inputs available at the time of the review. The bill would also require the department to post the updated rate models to its internet website no later than January 1 of the following year.

Existing law requires a court to consider issuing a protective order restraining the defendant from contact with the victim for up to 10 years in all cases in which a criminal defendant has been convicted of certain acts of domestic violence. A violation of a protective order is punishable as contempt, a misdemeanor. This bill would authorize a court to issue a protective order for up to 15 years. The bill would authorize the issuing court, upon a written petition by the prosecuting attorney, defendant, or victim, to modify or terminate the protective order for good cause if the parties receive notice at least 15 days before the hearing on the petition. By expanding the scope of a crime, the bill would create 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. This bill would incorporate additional changes to Section 273.5 of the Penal Code proposed by AB 2907 to be operative only if this bill and AB 2907 are enacted and this bill is enacted last.

(1) Existing federal law, the Victims of Crime Act of 1984, creates the Crime Victims Fund and authorizes federal financial assistance to states for the purpose of supporting eligible crime victim assistance programs. Existing law creates various programs under the Office of Emergency Services related to crime prevention and education, including, among other things, programs concerning family violence prevention and domestic violence prevention. This bill, the California Victims of Crime Act, would establish the California Crime Victims Fund in the State Treasury and would require that moneys deposited in the fund be continuously appropriated to the Office of Emergency Services to support crime victims services. The bill would require the Office of Emergency Services to seek advisement from the Victims of Crime Act Steering Committee on priorities for utilizing the funds and would require the Treasurer to provide an annual report to the Legislature on the amounts deposited into the fund. By continuously appropriating moneys to the Office of Emergency Services for the support of crime victim services, the bill would make an appropriation. (2) Existing law establishes the aggravated white-collar crime enhancement which imposes enhanced penalties against a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, that involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000, as specified. This bill would authorize a court to impose an additional fine, known as the corporate white collar criminal enhancement, against a corporation that is convicted of a misdemeanor or felony. The bill would authorize the court to determine the amount of the fine, but would set specified limits. The bill would require the court to consider certain factors when determining the amount of the fine, including, among other things, the nature and seriousness of the offense and the corporation's assets, liabilities, and net worth, as specified. The bill would require that any moneys collected under this provision be deposited into the California Crime Victims Fund. (3) 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, if a corporation is convicted of a misdemeanor or felony offense, require the court to impose a separate and additional restitution fine, as specified. The bill would authorize the court to determine the amount of the restitution fine, but would impose specified maximums. The bill would require any moneys collected under this provision to be distributed to the California Crime Victims Fund and the prosecuting agency that brought the criminal prosecution, as specified.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges. Existing law establishes community college districts throughout the state, under the administration of community college district governing boards, and authorizes these districts to provide instruction at the community college campuses they operate. Existing law establishes a statewide baccalaureate degree program that authorizes up to a total of 30 baccalaureate degree programs at community college districts to be approved per academic year, as provided. This bill would require the Chancellor of the California Community Colleges to develop a Baccalaureate Degree in Nursing Pilot Program that authorizes select community college districts to offer a Bachelor of Science in Nursing degree. The bill would limit the pilot program to 10 community college districts statewide and would require the chancellor to identify eligible community college districts based on specified criteria. The bill would require the Legislative Analyst's Office to conduct an evaluation of the pilot program on or before January 1, 2030, to determine the effectiveness of the program and the need to continue or expand the program. The bill would repeal these provisions as of January 1, 2031.

Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person is guilty of disorderly conduct, a misdemeanor. Under existing law, if the person solicited was a minor, and the person who solicited the minor knew or reasonably should have known that the person solicited was a minor, the offense is punishable by imprisonment in the county jail for a mandatory minimum of 2 days and not to exceed one year, by a fine not to exceed $10,000, or by both such fine and imprisonment. This bill would make this offense applicable only to a defendant who is 18 years of age or older at the time of the offense. The bill would, if the person solicited was under 16 years of age, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking, make the offense punishable as a wobbler by imprisonment in the county jail for not more than 1 year and a fine not to exceed $10,000 or by imprisonment in the county jail for 16 months or 2 or 3 years. For a 2nd or subsequent offense under those conditions, the bill would require that the offense be punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years. By changing the elements and increasing the punishment of a crime, this bill would impose a state-mandated local program. Existing law requires persons convicted of certain specified crimes to annually register as a sex offender, as specified, for a term of 10, 20, or 30 years. This bill would require a person who is 18 years of age or older, on or after January 1, 2025, is convicted of, and who has a prior conviction for, soliciting a minor, as specified, to annually register as a sex offender for a term of 10 years if, at the time of the offense, the person was more than 10 years older than the solicited minor. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by SB 926, AB 1874, and AB 1962, to be operative only if this bill and some or all of those other bills 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, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services. Under the act, "child day care facility" is defined to mean a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. For purposes of the act, a child day care facility includes a day care center, an employer-sponsored child care center, and a family day care home. The act requires that, as a condition of licensure and in addition to any other required training, at least one director or teacher at each day care center, and each family day care home licensee who provides care, have at least 15 hours of health and safety training, covering specified components, including preventative health practices courses. Under existing law, a violation of the act is a crime. This bill would require the State Department of Social Services, in consultation with the Emergency Medical Services Authority (EMSA) and State Department of Education, on or before July 1, 2027, to establish an anaphylactic policy that sets forth guidelines and procedures recommended for child day care personnel to prevent a child from suffering from anaphylaxis and to be used during a medical emergency resulting from anaphylaxis. The bill would authorize a child day care facility to implement the anaphylactic policy on and after January 1, 2028, and would, on and after January 1, 2028, require a child day care facility that adopts the anaphylactic policy to notify the parent or guardian of a child of the policy upon enrollment. This bill would require EMSA to review minimum standards of training for the administration of epinephrine auto-injectors as necessary and notify the department if any changes to the training course, as specified. The bill would require the State Department of Social Services and the State Department of Education, on or before September 1, 2027, to publish the anaphylactic policy on each of their internet websites. This bill would require, on and after January 1, 2026, individuals required to receive health and safety training under the act obtain training in a pediatric first aid or pediatric cardiopulmonary resuscitation (CPR) course that includes instruction on the prevention and treatment of anaphylaxis. The bill would require, on and after January 1, 2028, a pediatric first aid and pediatric CPR training course to include instruction in the prevention and treatment of anaphylaxis, including the emergency use of epinephrine auto-injectors. Because a willful or repeated violation of the bill by a child day care facility would be a crime, 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.

(1) Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. Existing law specifies that a willful violation of the Real Estate Law is a crime. Existing law requires the agreement providing for the amount of compensation to be paid to a real estate licensee for the sale of specified residential property or a mobilehome to contain a statement that the amount or rate of real estate commissions is not fixed by law but rather is set by each broker individually and may be negotiable between the seller and the broker. This bill would require agreements providing for the amount of compensation to be paid to a real estate licensee for the purchase of the specified residential property or a mobilehome to contain the above-described statement. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) Existing law imposes limitations on various contracts, including imposing limitations on an exclusive listing agreement regarding single-family residential property. This bill would require that a buyer's agent and a buyer execute a buyer-broker representation agreement as soon as practicable, but no later than the execution of the buyer's offer to purchase real property. The bill would define a buyer-broker representation agreement as a written contract between a buyer and a buyer's agent by which the buyer's agent has been authorized to provide specified services for or on behalf of the buyer under the contract. The bill would require a buyer-broker representation agreement to include specified terms and require that the buyer's agent provide the buyer a specified disclosure prior to execution of the agreement. The bill would prohibit a buyer-broker representation agreement from lasting longer than 3 months from the date the agreement was made, except if the agreement was entered into between a real estate broker and a corporation, limited liability company, or partnership. The bill would prohibit a buyer-broker representation agreement from renewing automatically and would require a renewal of the agreement to be in writing and be dated and signed by all parties to the agreement. The bill would prohibit a buyer-broker representation agreement from lasting longer than 3 months from the date the renewal was made. The bill would make a buyer-broker representation agreement made in violation of these durational and renewal requirements void and unenforceable. The bill would provide that a violation of these provisions by a licensed person under the Real Estate Law is also a violation of the person's licensing law. Because a violation of the bill's provisions by a person licensed under the Real Estate Law is a crime, the bill would impose a state-mandated local program. (3) Existing law provides various duties and obligations owed to a prospective purchaser of real property. Existing law requires a buyer's agent to provide the buyer in a real property transaction with a copy of a certain disclosure form that states that, among other things, the buyer's agent can, with the buyer's consent, agree to act as the agent for the buyer only, as soon as practical before execution of the buyer's officer to purchase. This bill would require the buyer's agent to additionally provide the disclosure form to the buyer as soon as practicable before execution of a buyer-broker representation agreement. The bill would revise the above-described disclosure statement to specify that the buyer's agent includes a buyer's agent under a buyer-broker representation agreement. (4) Under existing law, if an agreement between a principal and an agent in a real property sales transaction contains a provision requiring binding arbitration of any dispute between the principal and agent in the transaction, the agreement is required to display that provision in a specified manner with specified explanatory language. This bill would apply those requirements to a buyer-broker representation agreement. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Optometry Practice Act, establishes the State Board of Optometry within the Department of Consumer Affairs and sets forth the powers and duties of the board relating to the licensure and regulation of the practice of optometry. Existing law regulates the ownership and operation of mobile optometric offices, as defined, including, among other things, requiring the owner and operator of a mobile optometric office to file a quarterly report containing specified information. Existing law requires the board, by January 1, 2023, to adopt regulations establishing a registry for the owners and operators of mobile optometric offices, as specified. Existing law prohibits the board, before January 1, 2023, from bringing an enforcement action against an owner and operator of a mobile optometric office based solely on its affiliation status with an approved optometry school in California for remotely providing optometric service. Existing law makes these and other provisions related to the permitting and regulation of mobile optometric offices effective only until July 1, 2025, and repeals them as of that date. This bill would authorize the owner and operator of a mobile optometric office to instead file the above-described quarterly reports as a single, annual report during the first renewal period of 2 years, as specified. The bill would also extend the deadline for the board to adopt the above-described regulations to January 1, 2026. The bill would prohibit the board from bringing the above-described enforcement action before January 1, 2026, or before the board adopts those regulations, whichever is earlier. The bill would extend the repeal date of the provisions related to the permitting and regulation of mobile optometric clinics to July 1, 2035.

Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, requires the department to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age, inclusive. Under the act, upon establishing initial eligibility or ongoing eligibility for services, a family is considered to meet all eligibility and need requirements for those services, is required to receive those services before having their eligibility or need recertified, and shall not be required to report changes to income or other changes, for at least 24 months, except as specified. Among other exceptions, a family receiving services under a CalWORKs Stage 1, Stage 2, or Stage 3 program is considered to meet all eligibility and need requirements for those services, is required to receive those services before having their eligibility or need recertified, and shall not be required to report changes to income or other changes, for at least 12 months. This bill would delete that 12-month exception for CalWORKs Stage 1, Stage 2, or Stage 3 programs, and make technical, conforming changes.

Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by the voters at the November 2, 2004, statewide general election, requires an additional penalty of $1 for every $10 or part thereof to be levied in each county upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, as specified. The act requires the county board of supervisors to establish in the county treasury a DNA Identification Fund, into which the collected penalties are to be deposited. The act specifies the purposes for which funds in the county's DNA Identification Fund may be used, including to reimburse local sheriff, police, district attorney, and regional state crime laboratories for expenditures and administrative costs made or incurred in connection with the processing, analysis, tracking, and storage of DNA crime scene samples, as specified. The act provides for its amendment by the Legislature if the amendments further the act and are consistent with its purposes to enhance the use of DNA identification evidence for the purpose of accurate and expeditious crime solving and exonerating the innocent. Existing law requires that the funds deposited, along with any interest accrued, is to be held by the county treasurer separate from any funds subject to transfer or division, as specified. Under existing law, deposits to the fund may continue through and including the 20th year after the initial calendar year when the surcharge is collected or longer if necessary to make payments on any lease or leaseback arrangement utilized to finance any of the specified projects. This bill would instead authorize deposits to the fund through and including January 1, 2028, or longer if necessary to make payments on any lease or leaseback arrangement utilized to finance any of the specified projects.