Existing law, subject to exceptions, prohibits a person from making more than one application to purchase a handgun within any 30-day period. A violation of that prohibition is a crime. Existing law prohibits a firearms dealer from delivering a handgun to a person whenever the dealer is notified by the Department of Justice that within the preceding 30-day period the purchaser has made another application to purchase a handgun that does not fall within an exception to the 30-day prohibition. A violation of that delivery prohibition by the dealer is a crime. This bill would, effective July 1, 2021, make the 30-day prohibition and the dealer delivery prohibition described above also applicable to semiautomatic centerfire rifles. Existing law prohibits a licensed firearm dealer from selling a firearm to a person under 21 years of age. Existing law provides an exemption to this prohibition for the sale of a firearm, other than a handgun, to a person 18 years of age or older who has a valid hunting license, is a law enforcement officer, as specified, or is an honorably discharged member of the Armed Forces. Existing law makes a violation of this prohibition a crime. This bill would prohibit the sale of a semiautomatic centerfire rifle to any person under the age of 21, except a law enforcement officer or active duty member of the Armed Forces, as specified. The bill would state that its provisions are severable. By expanding the scope of existing crimes, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 26835 of the Penal Code proposed by AB 645 and SB 172 to be operative only if this bill and AB 645, SB 172, or both 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.
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Existing law prescribes certain rules and requirements relating to gun shows and events, and the organizers, vendors, and participants, including required signage, notice to the Department of Justice, rules governing transactions, and rules regarding firearms brought to the event. A violation of any of these provisions is a crime. The existing Safety For All Act of 2016, approved as an initiative statute at the November 8, 2016, statewide general election, requires the sale of ammunition to be conducted by or processed through a licensed ammunition vendor. The Safety For All Act of 2016 authorizes, as specified, the sale of ammunition by a licensed vendor at gun shows and events. This bill would amend those provisions of law prescribing the rules and regulations for gun shows and events to be consistent with the sale of ammunition at gun shows and events as authorized by the Safety For All Act of 2016. By updating the provisions relating to guns shows and events, any violation of which is a crime, this bill would expand the applicability of an existing crime, thus creating a state-mandated local program. Existing law authorizes the Department of Justice to charge a fee, as specified, to fund several enforcement and administrative programs relating to firearms. Existing law authorizes this fee to cover the regulatory cost of processing firearms transactions, as specified. This bill would reduce the amount of the fee to $1 and remove the authority of the department to spend the proceeds from the fee on specified regulatory costs related to the purchase, sale, and transfer of firearms, as specified. The bill would also authorize the department to charge an additional fee in the amount of $31.19 per firearms-related transaction to cover the costs of its firearms-related regulatory and enforcement activities, 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 no reimbursement is required by this act for a specified reason.
Existing law, the Moore-Brown-Roberti Family Rights Act, or the California Family Rights Act (CFRA) , makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child or care for themselves or a family member, as specified. Existing law makes this leave available to an employee with more than 12 months of service with the employer and at least 1,250 hours of service with the employer within the last 12 months. This bill would amend the 1,250 hours of service requirement as applied to airline flight deck or cabin crew employees, as defined, in a manner consistent with the federal Family and Medical Leave Act of 1993. The bill would authorize the Department of Fair Employment and Housing to adopt regulations to calculate leave available to flight crew employees under these provisions.
Existing law, the California Fair Employment and Housing Act, makes specified employment and housing practices unlawful, including discrimination against or harassment of employees and tenants, among others. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the Department of Fair Employment and Housing within one year from the date upon which the unlawful practice occurred, unless otherwise specified. This bill would extend the above-described period to 3 years for complaints alleging employment discrimination, as specified. The bill would specify that the operative date of the verified complaint is the date that the intake form was filed with the Labor Commissioner. The bill would make conforming changes in provisions that grant a person allegedly aggrieved by an unlawful practice who first obtains knowledge of the facts of the alleged unlawful practice after the expiration of the limitations period, as specified. Existing law authorizes the Director of Fair Employment and Housing to bring a civil action in the name of the department on behalf of a person claiming to be aggrieved in the case of failure to eliminate an unlawful practice through conference, conciliation, mediation, or persuasion. Existing law requires the director to bring the civil action within a specified time after the filing of the complaint. This bill would, for those purposes, define filing a complaint to mean filing an intake form with the department, and would specify that the operative date of the verified complaint relates back to the filing of the form. This bill would prohibit its provisions from being interpreted to revive lapsed claims.
Existing law provides for a civil penalty, in addition to, and entirely independent and apart from other penalties, on every person who fails to pay the wages of each employee, as specified, including a provision prohibiting wage differential on the basis of sex, as provided in specified provisions of the Labor Code. Existing law requires the Labor Commissioner to recover that penalty as part of a hearing held to recover unpaid wages and penalties or in an independent civil action. Existing law requires that a specified percentage of the penalty recovered under that provision be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws and that the remainder be paid into the State Treasury to the credit of the General Fund. This bill would also authorize the affected employee to bring an action to recover specified statutory penalties against the employer as part of a hearing held to recover unpaid wages. The bill would remove the authority for the Labor Commissioner to recover civil penalties in an independent civil action. The bill would also modify the list of statutes that a statutory penalty may be recovered for violation of by adding a provision relating to wages paid to an employee who is licensed under the Barbering and Cosmetology Act. The bill would authorize an employee to either recover statutory penalties under these provisions or to enforce civil penalties under a specified provision of the Labor Code Private Attorneys General Act of 2004, but not both, for the same violation.
Existing law authorizes a school nurse or other designated school personnel to assist any pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician and surgeon or ordered for the pupil by a physician assistant, if the school district receives specified written statements from the physician and surgeon or physician assistant and from the parent, foster parent, or guardian of the pupil. Existing law, the Compassionate Use Act of 1996, provides that a patient or a patient's primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana. Existing law also requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act. This bill would enact Jojo's Act, which would authorize the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to adopt, at a regularly scheduled meeting of the governing board or body, a policy, as provided, that allows a parent or guardian of a pupil to possess and administer medicinal cannabis, as defined, at a schoolsite to the pupil who is a qualified patient entitled to the protections of the Compassionate Use Act of 1996, excluding cannabis, as defined, in a smokeable or vapeable form. The bill would authorize the policy to be amended or rescinded for any reason at a regularly scheduled meeting, as specified, and for exigent circumstances at a special meeting, as specified. The bill, for pupil records collected for the purpose of administering medicinal cannabis, would require those records to be treated as medical records and subject to all provisions of state and federal law governing the confidentiality and disclosure of medical records. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law, the California Fair Employment and Housing Act, prohibits housing discrimination, including discrimination through public or private land use practices, decisions, or authorizations, based on specified personal characteristics, including source of income. Existing law defines the term "source of income" for purposes of the provisions relating to discrimination in housing accommodations described above, to mean lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. Existing law specifies that for the purposes of this definition, a landlord is not considered a representative of a tenant. This bill would instead define the term for purposes of those provisions, to mean verifiable income paid directly to a tenant or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance and housing subsidies, as specified. The bill would also specify that for the purposes of this definition, a housing owner is not considered a representative of a tenant. This bill would incorporate additional changes to Section 12927 of the Government Code proposed by AB 1497 and SB 222 to be operative only if this bill and AB 1497 or SB 222 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12955 of the Government Code proposed by SB 222 to be operative only if this bill and SB 222 are enacted and this bill is enacted last.
Existing law, beginning October 1, 2019, and stayed pending voter approval under the powers of referendum pursuant to the California Constitution, requires Pretrial Assessment Services, as defined, to assess a person arrested or detained, as specified, according to a risk assessment instrument, as defined. Existing law requires Pretrial Assessment Services to release from confinement specified individuals based on that risk assessment, and, if the person is not released, to submit that assessment to the court for use in its pretrial release or detention decision. This bill would require each pretrial services agency that uses a pretrial risk assessment tool to validate the tool by January 1, 2021, and on a regular basis thereafter, but no less frequently than once every 3 years, and to make specified information regarding the tool, including validation studies, publicly available. The bill would require the Judicial Council to maintain a list of pretrial services agencies that have satisfied those validation requirements and complied with those transparency requirements. The bill would require the Judicial Council, beginning on December 31, 2020, and on or before December 31 of each year thereafter, to publish a report on its internet website with data related to outcomes and potential biases in pretrial release. The bill would require specified pretrial services agencies, the Department of Justice, courts, and local governments that elect to use risk assessment tools to work with the Judicial Council to provide the data necessary for this report. The bill would also require the Judicial Council, on or before July 1, 2022, to provide a report to the courts and the Legislature containing recommendations to mitigate bias and disparate effect in pretrial decisionmaking.
Existing law establishes the California Conservation Corps and requires that young people participating in the corps program generally be engaged in projects that, among other things, preserve, maintain, and enhance environmentally important lands and waters. Existing law requires the director of the corps to establish a forestry corps program to accomplish certain objectives, including developing and implementing forest health projects, as provided, and establishing forestry corps crews. Existing law establishes the California Conservation Camp program to provide for the training and use of inmates and wards assigned to conservation camps to perform public conservation projects, including, but not limited to, forest fire prevention and control, forest and watershed management, recreation, fish and game management, soil conservation, and forest and watershed revegetation. This bill would authorize the director of the corps to establish the Education and Employment Reentry Program within the corps and to enroll in the program formerly incarcerated individuals who successfully served on a California Conservation Camp program crew and were recommended for participation as a program member by the Director of Forestry and Fire Protection and the Secretary of the Department of Corrections and Rehabilitation. The bill would prescribe program enrollment terms, and would require the director of the corps, in conjunction with the Employment Development Department, to prioritize developing and executing plans to assist program members in obtaining continued employment following participation in the program. The bill would also establish program activities and objectives, including, among others, assisting with the forestry corps program objectives. The bill would authorize the corps, subject to the discretion and approval of the director of the corps, to enter into a planning agreement with certain entities to develop reentry and job training opportunities for the formerly incarcerated individuals described above who do not otherwise qualify for corps enrollment under corps policies. The bill would make implementation of the program contingent upon an appropriation being made in the annual Budget Act or another statute for its purposes.
Existing law requires criminal justice agencies to compile records and data, including a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release, about criminal offenders. Existing law requires agencies to report this information to the Department of Justice for each arrest made, and requires the superior court that disposes of a case for which that information was reported to ensure that a disposition report of that case is reported to the department. This bill, commencing July 1, 2020, would require the information reported to include additional information related to identifying the arrestee. By increasing duties on local criminal justice agencies, the bill would create a state-mandated local program. Existing law authorizes each public agency and bona fide research body immediately concerned with the prevention or control of crime, the quality of criminal justice, or the custody or correction of offenders to be provided with criminal offender record information required for the performance of its duties, provided that any material identifying individuals is not transferred, revealed, or used for other than research or statistical activities, that reports or publications derived from that information do not identify specific individuals, and that the agency or body pays the cost of the processing of the data as determined by the Attorney General. This bill, commencing July 1, 2020, would require that criminal offender record information to include criminal court records, and would prohibit a person from being denied access to that information solely on the basis of that person's criminal record, unless that person has been convicted of a felony or any other offense that involves moral turpitude, dishonesty, or fraud. 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.