(1) Existing law, as proposed by SB 10 of the 2017–18 Regular Session, commencing October 1, 2019, requires persons arrested and detained to be subject to a pretrial risk assessment conducted by Pretrial Assessment Services, defined as an entity, division, or program that is assigned the responsibility to assess the risk level of persons charged with the commission of a crime, report the results of the risk determination to the court, and make recommendations for conditions of release of individuals pending adjudication of their criminal case. SB 10 requires the courts to establish pretrial assessment services and authorizes those services to be performed by court employees or through a contract with a local public agency, as specified. SB 10 provides that if no local agency will agree to perform the pretrial assessments, and if the court elects not to perform the assessments, the court may contract with a new local pretrial assessment services agency established specifically to perform the role. SB 10 requires pretrial assessment services to be performed by public employees. This bill, notwithstanding the requirement that pretrial assessment services be performed by public employees, would authorize, until January 1, 2023, a qualified local public agency in the City and County of San Francisco to contract with the existing not-for-profit entity that is performing pretrial services in the city and county to provide continuity and sufficient time to transition the entity's employees into public employment. (2) SB 10 authorizes Pretrial Assessment Services to release a person assessed as being a low risk, as defined, on his or her own recognizance, and additionally requires superior courts to adopt rules authorizing Pretrial Assessment Services to release persons assessed as being a medium risk, as defined, on his or her own recognizance. However, SB 10 prohibits Pretrial Assessment Services from releasing persons who meet specified conditions, including, among others, tier 2 sex offenders subject to registration for a minimum of 20 years and tier 3 sex offenders subject to lifetime registration. This bill would provide that if SB 10 of the 2017–18 Regular Session becomes operative, the release prohibitions described above would be expanded to additionally include persons convicted of sex crimes and certain other offenses subject to the Sex Offender Registration Act, as specified. By increasing the length of time certain persons remain in county jails, this 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.
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Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the minor, his or her parents or guardian, and the attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor. Existing law also authorizes some of those individuals to receive copies of the case file. Existing law requires a person who is seeking access to a juvenile case file that is privileged or confidential pursuant to any other state or federal law and who is not entitled to access the record to petition the juvenile court for access. This bill would authorize an individual who is not generally authorized pursuant to specified provisions to inspect juvenile case files but received authorization from the juvenile court pursuant to a specified petition process, and who files a notice of appeal or petition for writ challenging a juvenile court order or who is a respondent in that appeal or real party in interest in that writ proceeding, for purposes of that appeal or writ proceeding, to inspect and copy any records in a juvenile case file to which the individual was previously granted access by the juvenile court. The bill would require the Judicial Council to adopt rules to implement these provisions.
Existing law declares that timely DNA analysis of rape kit evidence is a core public safety issue affecting men, women, and children in the State of California. Existing law encourages law enforcement agencies to either submit sexual assault forensic evidence received on or after January 1, 2016, to a crime lab within 20 days after it is booked into evidence or to ensure that a rapid turnaround DNA program is in place, as specified. Existing law also encourages a crime lab that receives sexual assault forensic evidence on or after January 1, 2016, to either process the evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System, as specified, or transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after receiving the evidence, for processing of the evidence for the presence of DNA. This bill would instead require a law enforcement agency to either submit sexual assault forensic evidence to a crime lab or ensure that a rapid turnaround DNA program is in place, as specified, and require a crime lab to either process the evidence or transmit the evidence to another crime lab for processing, as specified. Because this bill would impose a higher level of service on local law enforcement agencies in processing that evidence, it would impose a state-mandated local program. This bill would incorporate additional changes to Section 680 of the Penal Code proposed by SB 1494 to be operative only if this bill and SB 1494 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, 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) The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services, for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support service through full- and part-time programs. The act requires the Superintendent of Public Instruction to adopt rules and regulations on eligibility, enrollment, and priority of services needed to implement the act. The act provides that a family, upon establishing initial eligibility or ongoing eligibility for services, shall receive those services for not less than 12 months. The act provides, as an exception to the above provision relating to receiving services for 12 months, that a family that establishes initial eligibility or ongoing eligibility on the basis of seeking employment shall receive services for not less than 6 months. The act, for purposes of establishing income eligibility for services, defines "income eligible" to mean a family has an adjusted monthly income at or below 70% the state median income, as provided. This bill would delete the 6-month exception for families establishing initial eligibility or ongoing eligibility on the basis of seeking employment. The bill would instead define "income eligible" to mean that a family has an adjusted monthly income at or below 85% the state median income. (2) The act requires the Superintendent to administer all California state preschool programs, which include part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for 3- and 4-year-old children. The act defines 3-year-old children and 4-year-old children as children who will have their 3rd or 4th birthday, respectively, on or before September 1 of the fiscal year in which they are enrolled in a state preschool program. This bill would instead define 3- and 4-year-old children as those who will have their 3rd or 4th birthday, respectively, on or before December 1 of the fiscal year in which they are enrolled in a state preschool program. The bill would authorize children who have their 3rd birthday on or after December 2 of the fiscal year, to be enrolled in a state preschool program on or after their 3rd birthday. (3) The act requires at least 12 of the children enrolled at a preschool site to be 4-year-old children, as provided. This bill would delete this requirement. (4) The act requires the Superintendent to implement a plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service. This bill would authorize a center-based child care agency contracting with the State Department of Education to provide center-based child care services to schedule up to 2 days of staff training, per contract period, using state reimbursement funding on specified topics. (5) The act requires the department to promote full utilization of child care and development funds and match available unused funds with identified service needs. The act requires the department to arrange interagency adjustments between different contractors with the same type of contract when both agencies mutually agree to a temporary transfer of funds for the balance of the fiscal year. This bill would also require the department to arrange intraagency adjustments between the state preschool program contracts and general child care contracts for the same agency and funding allocation. The bill would require the department to establish timelines for intraagency contract fund transfers. The bill would authorize the department to implement and administer these provisions through the issuance of guidance or other written directives, as provided. (6) This bill's provisions would become operative on July 1, 2019.
Existing law requires employers to provide a reasonable amount of break time to employees desiring to express milk for the employee's infant child. Existing law also requires an employer to make reasonable efforts to provide the employee with the use of a room, or other location, other than a toilet stall, in close proximity to the employees' work area, for the employee to express milk in private. Existing law exempts an employer from the break time requirement if the employer's operations would be seriously disrupted by providing that time to employees desiring to express milk. Existing law subjects employers who violate these provisions to a civil penalty of $100 per violation and authorizes the Labor Commissioner to issue citations for those violations. Existing law prohibits an employer, who is required by law to give an employee a rest period during a workday, from requiring the employee to work during the rest period. Existing law requires an employer to pay the employee one additional hour of pay, at the employee's regular rate of compensation, for each rest period not provided. This bill would require an employer to provide a lactation room or location that includes prescribed features and would require an employer, among other things, to provide access to a sink and refrigerator in close proximity to the employee's workspace, as specified. The bill would require an employer to develop and implement a policy regarding lactation accommodation and make it available to employees, as specified. The bill would also require an employer to maintain records of requests for lactation accommodation for 3 years and to give the Labor Commission access to those records. The bill would provide that specified employers could seek an exemption from any of the requirements of these provisions if the employer could show that the requirement posed an undue hardship based on specified criteria. The bill would deem denial of reasonable break time or adequate space to express milk a failure to provide a rest period in accordance with state law. The bill would prohibit an employer from discharging, or in any other manner discriminating or retaliating against, an employee for exercising or attempting to exercise rights under these provisions and would establish specific additional remedies. The bill would require the Division of Labor Standards Enforcement to create a model lactation accommodation request form and to make it available for download from its Internet Web site by employees and employers. The bill would authorize the division to establish a model lactation accommodation policy and lactation accommodation best practices to provide guidance to employers.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission (commission) for approval and adoption. This bill would require the commission to assemble a functional recovery working group comprised of certain state entities and members of the construction and insurance industries, as specified. The bill would require the working group, by July 1, 2022, to consider whether a "functional recovery" standard is warranted for all or some building occupancy classifications and to investigate the practical means of implementing that standard, as specified. The bill would require the working group to advise the appropriate state agencies to propose the building standards, as specified. The bill would authorize the commission to adopt regulations based upon the recommendations from the working group for nonresidential occupancies. The bill would define "functional recovery" for purposes of these provisions, as specified.
Existing federal law, the federal Fair Housing Act, requires, among other things, certain federal executive departments and agencies to administer their programs relating to housing and urban development in a manner affirmatively to further the purposes of the federal act. Existing federal law requires specified state and local agencies that contract with, or receive funding from, specified federal agencies to certify that they will affirmatively further fair housing by completing an assessment of fair housing and submitting that assessment to the United States Department of Housing and Urban Development. Existing law, the California Fair Employment and Housing Act, generally prohibits housing discrimination with respect to the personal characteristics of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information. Existing law also prohibits the discrimination through public or private land use practices, decisions, and authorizations because of one of those personal characteristics. Existing law establishes the Department of Fair Employment and Housing in the Business, Consumer Services, and Housing Agency, with the powers and duties to, among other things, receive, investigate, and conciliate complaints relating to housing discrimination. Existing law requires the Director of Fair Employment and Housing to investigate verified complaints that allege a violation of the act, subject to certain procedures and requirements, and requires the director, if attempts at mediation or other forms of dispute resolution do not eliminate a violation of the act, to file a civil action on behalf of the aggrieved person, as provided. This bill would require a public agency, as defined, to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and to not take any action that is materially inconsistent with this obligation, as provided. The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element that is required to contain specified information and analysis, including a program setting forth a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element, as provided. The bill would require the above-described program for achieving the goals and objectives of the housing element to affirmatively further fair housing pursuant to provisions added by this bill, and for revisions to the housing element that occur on and after January 1, 2021, would require the program to include an assessment of fair housing within the jurisdiction, as specified. Existing law requires the housing element to include an inventory of land suitable and available for development and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels. This bill would require the inventory to be used to identify sites throughout the community, consistent with the provisions requiring the above-described program, within the housing element to affirmatively further fair housing. By increasing the duties of local officials, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 2162 to be operative only if this bill and AB 2162 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by SB 1078 to be operative only if this bill and SB 1078 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 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 imposes certain obligations in the context of particular transactions, and provides mechanisms to enforce those obligations. This bill would enact the California Internet Consumer Protection and Net Neutrality Act of 2018. This act would prohibit fixed and mobile Internet service providers, as defined, that provide broadband Internet access service, as defined, from engaging in specified actions concerning the treatment of Internet traffic. The act would prohibit, among other things, blocking lawful content, applications, services, or nonharmful devices, impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, and specified practices relating to zero-rating, as defined. It would also prohibit fixed and mobile Internet service providers from offering or providing services other than broadband Internet access service that are delivered over the same last-mile connection as the broadband Internet access service, if those services have the purpose or effect of evading the above-described prohibitions or negatively affect the performance of broadband Internet access service.
Existing law establishes the "Sexual Assault Victims' DNA Bill of Rights" which prescribes requirements for law enforcement agencies and crime labs regarding the processing of forensic evidence in sexual assault cases and requires certain notifications to be made to the victim. This bill would require all law enforcement agencies, medical facilities, crime laboratories, and any other facilities that receive, maintain, store, or preserve sexual assault evidence kits to conduct an audit of all untested sexual assault evidence kits in their possession and report certain data to the Department of Justice by no later than July 1, 2019. The bill would also require the Department of Justice to prepare and submit a report to the Legislature regarding the results of these audits by no later than July 1, 2020. By requiring local government entities to complete an audit and submit a report, 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 the San Francisco Bay Area Rapid Transit District (BART) with various powers and duties and establishes a board of directors as the legislative body of the district. Existing law requires the board to determine all questions of district policy and what transit facilities should be acquired or constructed, and authorizes the board to establish zones within the district to undertake the acquisition or construction of any transit facilities. This bill would require the board to adopt by ordinance new transit-oriented development (TOD) zoning standards for each station that establish minimum local zoning requirements for height, density, parking, and floor area ratio only, that apply to an eligible TOD project, as defined. The bill would require that the adoption of, or amendments to, the TOD zoning standards comply with specified requirements and would require affected local jurisdictions to adopt a local zoning ordinance that conforms to the TOD zoning standards and is operative within 2 years of the date that the TOD zoning standards are adopted by the board for a station, or by July 1, 2022, if the board has not adopted TOD zoning standards for the station. The bill would provide that BART's approval of TOD zoning standards is subject to California Environmental Quality Act (CEQA) review and would designate BART as the lead agency for CEQA review, as specified. This bill would, where local zoning remains inconsistent with the TOD zoning standards after July 1, 2022, require the TOD zoning standards to become the local zoning for any BART-owned parcels that are at least 75% within 12 mile of any existing or planned BART station entrance within the BART district in areas represented on the board, as specified. The bill would require BART to ensure any otherwise applicable local design standards are included as general guidance to the TOD developer, and would require a TOD developer to adhere to any applicable local design standards insofar as those standards do not prohibit the minimum height, minimum density, minimum floor area ratio, and maximum parking allowances required by the TOD zoning standards. The bill would require that, where housing is proposed as part of a TOD project, a certain minimum of residential housing units is affordable housing, as specified, and that the construction of the TOD project complies with specified labor requirements. The bill would provide that when BART enters into an exclusive negotiating agreement with a developer for development of an eligible TOD project, that agreement shall confer a vested right to proceed with development, as specified. The bill would provide that its provisions are repealed on January 1, 2029, except as otherwise specified. The bill would enact other related provisions and exceptions. By increasing the duties of local public officials, the bill would impose a state-mandated local program. (2) The bill would include legislative findings and declarations in support of the act being a matter of statewide concern. (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.