This measure would recognize August 6, 2017, as the 52nd anniversary of the signing of the federal Voting Rights Act of 1965.
Asm. Marc Berman
Sponsored bills
This measure would proclaim the period of October 23, 2017, to October 31, 2017, inclusive, as Red Ribbon Week and would encourage all Californians to help build drug-free communities and to participate in drug prevention activities.
Existing law makes it a crime punishable by a fine, imprisonment, or both a fine and imprisonment, for a person to make a false affidavit concerning any initiative, referendum, or recall petition or the signatures appended to a petition. This bill would make it a crime punishable by a fine, imprisonment, or both a fine and imprisonment, for a person, company, organization, company official, or other organizational officer in charge of a person who circulates an initiative, referendum, or recall petition and who knowingly directs an affiant to make a false affidavit concerning the initiative, referendum, or recall petition or the signatures appended to the petition or who knows or reasonably should know that an affiant has made a false affidavit concerning the initiative, referendum, or recall petition or the signatures appended and submits the section of the petition that contains the false affidavit. By establishing a new 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.
Under existing law, programs have been established pursuant to bond acts for, among other things, the development and enhancement of state and local parks and recreational facilities. Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. Existing law, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative measure approved by the voters as Proposition 84 at the November 7, 2006, statewide general election, authorizes the issuance of bonds in the amount of $5,388,000,000 for the purposes of financing safe drinking water, water quality and supply, flood control, natural resource protection, and park improvements. Existing law, the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, approved by the voters as Proposition 40 at the March 5, 2002, statewide primary election, authorizes the issuance of bonds in the amount of $2,600,000,000, for the purpose of financing a program for the acquisition, development, restoration, protection, rehabilitation, stabilization, reconstruction, preservation, and interpretation of park, coastal, agricultural land, air, and historical resources. This bill would enact the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, which, if approved by the voters, would authorize the issuance of bonds in an amount of $4,000,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. The bill, upon voter approval, would reallocate $100,000,000 of the unissued bonds authorized for the purposes of Propositions 1, 40, and 84 to finance the purposes of a drought, water, parks, climate, coastal protection, and outdoor access for all program. The bill would provide for the submission of these provisions to the voters at the June 5, 2018, statewide primary direct election. This bill would declare that it is to take effect immediately as an urgency statute.
Existing federal law requires the Secretary of the Department of Housing and Urban Development to establish a Housing Trust Fund to provide grants to states to increase the supply of rental housing for extremely low and very low income families, including homeless families, and home ownership for extremely low and very low income families. Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency. The department is responsible for administering various housing and home loan programs throughout the state. Existing law designates the department as the state agency responsible for administering funds received by the state from the federal Housing Trust Fund and requires the department to administer these funds through existing or newly created programs. This bill would require the department, on or before January 1, 2019, to establish the Housing for a Healthy California Program to create supportive housing opportunities through grants to counties for capital and operating assistance, as specified, or operating reserve grants and capital loans to developers, or both. The bill would require the department to award grants to counties on a competitive basis pursuant to rating and ranking criteria, as specified. The bill would require the county to use grant funds in a specified manner and to comply with federal Housing Trust Fund regulations. The bill would require a county or developer awarded grant or loan funds to report data, as specified. The bill would require the department to submit federal Housing Trust Fund allocation plans to the Department of Housing and Urban Development, as provided. The bill would also require the department to analyze data collected pursuant to the program, as specified, and to report program data to certain legislative committees, as specified. The bill would require the department to carry out these provisions with revenues appropriated to the department from federal Housing Trust Fund allocations, as specified, or with any other revenues appropriated to the department that may be allocated for purposes of the program, or both.
(1) Existing law grants the victim of sexual assault, as specified, the right to have a victim advocate and a support person of the victim's choosing at any interview by law enforcement authorities, district attorneys, or defense attorneys. Existing law requires the law enforcement authority or district attorney, before commencing the initial interview, to notify a victim that he or she has this right. This bill would require a law enforcement authority or district attorney to also notify the victim that he or she has the right to request to have a person of the same gender or opposite gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. The bill would prohibit a law enforcement official from discouraging a victim from receiving a medical evidentiary or physical examination. The bill would require every local law enforcement agency to develop a card, as specified, that explains the rights of sexual assault victims, including, among other information, a clear statement that the victim is not required to participate in the criminal justice system or to receive a medical evidentiary or physical examination in order to retain his or her rights under law. The bill would require a law enforcement official or medical provider to provide this card to the victim upon the initial interaction. The bill would also require a law enforcement official, upon written request by the victim, to furnish a copy of the initial crime report related to the sexual assault, as specified. The bill would require a prosecutor, upon written request by the victim, to provide the defendant's information on a sex offender registry, if any, to the victim. The bill would specify that a victim's waiver of the right to an advocate is not admissible in court, unless the waiver is at issue in the pending litigation. (2) Existing law states the minimum standards for the examination and treatment of victims of sexual assault or attempted sexual assault, including child molestation, and the collection and preservation of evidence therefrom. Existing law requires a physician or other health care provider to give a female victim of sexual assault postcoital contraception upon the request of the victim. This bill would require the postcoital contraception to be provided at no cost to the victim. (3) Existing law requires a law enforcement officer assigned to an alleged violation of specified domestic violence or sexual assault crimes to provide the victim of the crime with a "Victims of Domestic Violence" card, as specified. Existing law requires a medical provider to notify a sexual assault victim that he or she has the right to have a sexual assault counselor and at least one other support person of his or her choosing before commencing an initial medical evidentiary or physical examination. This bill would require a law enforcement officer assigned to an alleged violation of specified domestic violence or sexual assault crimes to also provide the victim with the card developed by local law enforcement agencies, described above, that explains the rights of sexual assault victims, if applicable. The bill would also require a medical provider to give the victim the card developed by local law enforcement agencies, described above, before the commencement of any initial medical evidentiary or physical examination arising out of a sexual assault if the law enforcement agency has provided the card to the medical provider in a language understood by the victim. The bill would require the medical provider to give the victim the opportunity to shower or bathe at no cost to the victim after the examination is conducted, unless a showering or bathing facility is not available. (4) Existing law requires a law enforcement agency that intends to destroy or dispose of rape kit evidence or other crime scene evidence from an unsolved sexual assault case before the expiration of the statute of limitations to give written notification, as specified, to the victim of that intention. This bill would prohibit a law enforcement agency from destroying or disposing of rape kit evidence or other crime scene evidence from an unsolved sexual assault case before at least 20 years, or if the victim was under 18 years of age at the time of the alleged offense, before the victim's 40th birthday. (5) Because this bill imposes new requirements on local entities, including, but not limited to, law enforcement agencies and local entities that provide medical services, it 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.
Existing law establishes the Sexual Assault Victims' DNA Bill of Rights, which, among other things, encourages a law enforcement agency assigned to investigate specified sexual assault offenses to perform DNA testing of rape kit evidence or other crime scene evidence in a timely manner to ensure the longest possible statute of limitations. Existing law also requires a law enforcement agency to inform victims of certain unsolved sexual assault offenses if the law enforcement agency elects not to analyze DNA evidence within certain time limits. This bill would require law enforcement agencies to report information regarding rape kit evidence, within 120 days of the collection of the kit, to the Department of Justice through a database established by the department. The bill would require that information to include, among other things, whether biological evidence samples were submitted to a DNA laboratory for analysis and if a probative DNA profile was generated. The bill would additionally require a public DNA laboratory, or a law enforcement agency contracting with a private laboratory, to provide a reason for not testing a sample every 120 days the sample is untested, except as specified. The bill would only impose these requirements for a kit collected on or after January 1, 2018. By imposing additional duties on local law enforcement, the bill would create a state-mandated local program. The bill would require that money received by the Office of Emergency Services from the federal Office on Violence Against Women be used before appropriating money from the General Fund for purposes of reimbursing any costs determined by the Commission on State Mandates to be mandated by the state to a local law enforcement agency by the bill. This bill would require the department to file a report to the Legislature on an annual basis summarizing the information in its database. The bill would prohibit law enforcement agencies or laboratories from being compelled to provide any contents of the database in a civil or criminal case, except as required by a law enforcement agency's duty to produce exculpatory evidence to a defendant in a criminal case. 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. 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 these statutory provisions.
Existing law prohibits the sale of a plastic product, as defined, labeled as "compostable," "home compostable," or "marine degradable" unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as "biodegradable," "degradable," "decomposable," or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions. This bill would extend indefinitely the provision concerning recycled content marketing claims.
Existing law authorizes the legislative body of a city or a county to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance, and makes related findings and declarations. This bill would additionally authorize the financing of projects that enable communities to adapt to the impacts of climate change, including, but not limited to, specified impacts described in the bill, and would make conforming changes to the Legislature's findings and declarations.
Existing law requires the Secretary of State to prepare and mail to voters a state voter information guide that includes, among other things, a copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise. Existing law requires the Secretary of State to make available the complete contents of the state voter information guide over the Internet. Existing law also requires the Secretary of State to establish procedures to allow a voter to opt out of receiving the state voter information guide by mail and, instead, to either receive the guide in an electronic format or receive an electronic notification making the guide available by means of online access. This bill would require the Secretary of State to instead include before each state measure a conspicuous notice that identifies the location on the Secretary of State's Internet Web site of the specific constitutional or statutory provision that the state measure would repeal or revise, as specified. The bill would require that the electronic version of the state voter information guide include an active hyperlink for each cited Uniform Resource Locator. The bill would make conforming changes. Existing law requires the Secretary of State to develop a program to utilize modern communications and information processing technology to enhance the availability and accessibility of information on statewide candidates and ballot initiatives. The bill would authorize the Secretary of State to electronically send election information, including information contained within the state voter information guide, to a voter if specified requirements are met. The bill would additionally authorize the Secretary of State to utilize affidavit of voter registration information for these purposes.