This measure would designate August 16, 2018, as Pre-Exposure Prophylaxis and Post-Exposure Prophylaxis Awareness Day in California to enhance public awareness of comprehensive human immunodeficiency virus prevention strategies.
This measure would urge the Congress of the United States to acknowledge the problem of a labor shortage in the agricultural industry in California and to work together with California to solve the issue.
Existing law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and specify the timeliness requirements related to the reporting of each disease and condition. Existing law also supports research into the development of a vaccine to protect against coccidioidomycosis, also known as Valley Fever. This bill would require the department, when it receives a report of a case of coccidioidomycosis after the department's reporting deadline for a specified year, to include the case in its data collection for the next year and attribute it to the year of diagnosis in future data reporting. This bill would require the department to collect data on coccidioidomycosis cases by April 15 of each year, as specified. The bill would require the department, if it collects data on coccidioidomycosis cases and removes discrepant data from its internal dataset, to timely report sufficient information about its removal of the discrepant data to a local health officer and the local health officer may remove the discrepant data from the county's dataset. The bill would also require the department, if it publishes provisional data on coccidioidomycosis cases, to publish an explanation of data changes likely to occur and of discrepancies between data reported by a local health officer and data reported by the department. The bill would require the department to publish the date range of a dataset and the date on which the dataset was updated if the department publishes data on coccidioidomycosis cases.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount and requires, in setting, reducing, or denying bail, a judge or magistrate to take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant's appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant's release on his or her own recognizance. Existing law provides that a defendant being held for a misdemeanor offense is entitled to be released on his or her own recognizance, unless the court makes a finding on the record that an own recognizance release would compromise public safety or would not reasonably ensure the appearance of the defendant as required. This bill would, as of October 1, 2019, repeal existing laws regarding bail and require that any remaining references to bail refer to the procedures specified in the bill. This bill would require, commencing October 1, 2019, persons arrested and detained to be subject to a pretrial risk assessment conducted by Pretrial Assessment Services, which the bill would define 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. The bill would require the courts to establish pretrial assessment services, and would authorize the services to be performed by court employees or through a contract with a local public agency, as specified. The bill would require, if no local agency will agree to perform the pretrial assessments, and if the court elects not to perform the assessments, that the court may contract with a new local pretrial assessment services agency established specifically to perform the role. The bill would require a person arrested or detained for a misdemeanor, except as specified, to be booked and released without being required to submit to a risk assessment by Pretrial Assessment Services. The bill would authorize Pretrial Assessment Services to release a person assessed as being a low risk, as defined, on his or her own recognizance, as specified. The bill would additionally require a superior court to adopt a rule authorizing Pretrial Assessment Services to release persons assessed as being a medium risk, as defined, on his or her own recognizance. The bill would prohibit Pretrial Assessment Services from releasing persons who meet specified conditions. If a person is not released, the bill would authorize the court to conduct a prearraignment review and release the person. The bill would allow the court to detain the person pending arraignment if there is a substantial likelihood that no condition or combination of conditions of pretrial supervision will reasonably assure public safety or the appearance of the person in court. The bill would require the victim of the crime to be given notice of the arraignment by the prosecution and a chance to be heard on the matter of the defendant's custody status. By imposing additional duties on local prosecutors, this bill would impose a state-mandated local program. The bill would create a presumption that the court will release the defendant on his or her own recognizance at arraignment with the least restrictive nonmonetary conditions that will reasonably assure public safety and the defendant's return to court. The bill would allow the prosecutor to file a motion seeking detention of the defendant pending trial under specified circumstances. If the court determines that there is a substantial likelihood that no conditions of pretrial supervision will reasonably assure the appearance of the defendant in court or reasonably assure public safety, the bill would authorize the court to detain the defendant pending a preventive detention hearing and require the court to state the reasons for the detention on the record. The bill would prohibit the court from imposing a financial condition. In cases in which the defendant is detained in custody, the bill would require a preventive detention hearing to be held no later than 3 court days after the motion for preventive detention is filed. The bill would grant the defendant the right to be represented by counsel at the preventive detention hearing and would require the court to appoint counsel if the defendant is financially unable to obtain representation. By imposing additional duties on county public defenders, this bill would impose a state-mandated local program. The bill would require the prosecutor to give the victim notice of the preventive detention hearing. By imposing new duties on local prosecutors, this bill would impose a state-mandated local program. The bill would create a rebuttable presumption that no condition of pretrial supervision will reasonably assure public safety if, among other things, the crime was a violent felony or the defendant was convicted of a violent felony within the past 5 years. The bill would allow the court to order preventive detention of the defendant pending trial if the court determines by clear and convincing evidence that no condition or combination of conditions of pretrial supervision will reasonably assure public safety or the appearance of the defendant in court. If the court determines there is not a sufficient basis for detaining the defendant, the bill would require the court to release the defendant on his or her own recognizance or supervised own recognizance and impose the least restrictive nonmonetary conditions of pretrial release to reasonably assure public safety and the appearance of the defendant. The bill would require the Judicial Council to adopt Rules of Court and forms to implement these provisions as specified, and to identify specified data to be reported by each court. The bill would require the Judicial Council to, on or before January 1, 2021, and every other year thereafter, to submit a report to the Governor and the Legislature. The bill would provide that upon appropriation by the Legislature, the Judicial Council would allocate funds to local courts for pretrial assessment services and the Department of Finance would allocate funds to local probation departments for pretrial supervision services, as specified. 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 requires the State Department of Public Health to establish a list of reportable diseases and conditions. Existing law requires, for each reportable disease and condition, the department to specify the timeliness requirements related to the reporting of each disease and condition, and the mechanisms required for, and the content to be included in, reports made. This bill would, until January 1, 2024, authorize the department, for the purpose of reports confirming a case of Valley Fever, to use laboratory criteria for diagnosis, with or without clinical criteria.
This measure would declare October 23 to 31, 2018, inclusive, as Red Ribbon Week, and would encourage all Californians to help build drug-free communities and to participate in drug prevention activities.
This measure would declare July 27, 2018, as California Bullying Prevention Day, also to be known as Rosie's Day.
This measure would urge the United States Department of Justice not to direct its enforcement priorities towards California's lawfully and closely regulated cannabis industry, among other things.
Existing law designates particular days each year as having special significance and encourages all public schools and educational institutions to observe those days and to conduct suitable commemorative exercises on those days. Existing law also requires the Governor to proclaim certain days each year for specified reasons. This bill would require the Governor to annually proclaim a specified date as the Lunar New Year, would designate and set this date apart each year as a day having special significance, and would encourage all public schools and educational institutions to, on Lunar New Year, conduct exercises recognizing the traditions and cultural significance of the Lunar New Year, among other things.
(1) Existing law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse and that the tenant intends to terminate the tenancy. If the tenant attaches to the notice a copy of a temporary restraining order or protective order, as specified, a report by a peace officer, as specified, or documentation from a qualified 3rd party, as specified, and satisfies other requirements, the tenant is released from paying rent and other obligations under the lease, subject to certain limitations. This bill would declare void, as contrary to public policy, a provision in a rental or lease agreement that limits or prohibits, or threatens to limit or prohibit, a tenant's, resident's, or other person's right to summon law enforcement assistance or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency if the tenant, resident, or other person believes that the law enforcement assistance or emergency assistance is necessary to prevent or address the perpetration, escalation, or exacerbation of the abuse, crime, or emergency. The bill would also prohibit a landlord from imposing, or threatening to impose, penalties in this context as well. The bill would define various terms for these purposes. The bill would provide that a waiver of these provisions is contrary to public policy and is void and unenforceable. The bill would prescribe evidentiary presumptions in this connection to be applicable to unlawful detainer actions. The bill would authorize a tenant, resident, or other aggrieved person to seek an injunction for a violation of these provisions. (2) Existing law, in connection with actions for unlawful detainer, prohibits a landlord from terminating or failing to renew a tenancy based upon an act or acts against a tenant or a tenant's household member that constitute domestic violence, sexual assault, stalking, human trafficking, or elder or a dependent adult abuse, if certain standards are met. In this regard, the acts must be documented by a copy of a temporary restraining order or protective order, as specified, or a report by a peace officer, as specified, and the person against whom the protection order has been issued, or who was named in the police report, is not a tenant of the same dwelling unit as the tenant or household member. This bill, for the purposes relating to unlawful detainer, described above, would authorize a tenant to document an act of domestic violence, sexual assault, stalking, human trafficking, or elder or a dependent adult abuse, by attaching a statement from a qualified 3rd party, as defined. The bill would require that this documentation be in substantially the same form as a statement that the bill would prescribe for this purpose. The bill would prohibit the landlord from disclosing information that a tenant has submitted in this context, except as specified. The bill would prescribe definitions for these purposes. The bill would require the Judicial Council, by September 1, 2019, to develop a new form or revise an existing form for use by a party to assert an affirmative defense to an unlawful detainer action, as specified. (3) Existing law prohibits a local agency from requiring a landlord to terminate a tenancy or fail to renew a tenancy based upon an act against a tenant or a tenant's household member that constitutes domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, if specified requirements relating to unlawful detainer actions are satisfied. Existing law prohibits a local agency from requiring a landlord to terminate a tenancy or fail to renew a tenancy based upon the number of calls made to the emergency telephone system relating to the tenant or a member of the tenant's household being a victim of these acts. This bill would revise and recast these provisions. The bill would prohibit a local agency from promulgating, enforcing, or implementing any ordinance, rule, policy, or regulation, that authorizes, or requires the imposition or threatened imposition of, a penalty against a resident, owner, tenant, landlord, or other person as a consequence of law enforcement assistance or emergency assistance by, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency. The bill would prescribe definitions in this regard. The bill would preempt inconsistent local rules and regulations in this regard. The bill would prescribe remedies for a violation of these provisions. The bill would declare that the need to protect parties to whom these provisions of the bill apply is a matter of statewide concern, and not a municipal affair, and that charter cities and counties would be subject to the provisions of the bill.
