This measure would thank the State Air Resources Board for its exemplary work and tenacity in uncovering the emissions control defeat devices on certain diesel-fueled Volkswagen motor vehicles and would express the Legislature's support for specified future emissions test-related actions by the board.
(1) Existing law provides various circumstances that constitute rape, which are punishable by imprisonment in the state prison for 3, 6, or 8 years, except as specified. Existing law also prescribes circumstances that constitute unlawful sexual intercourse, some of which involve an adult perpetrator who engages in that unlawful intercourse with a minor, as specified. Unlawful sexual intercourse under those circumstances is punishable by imprisonment for 2, 3, or 4 years, and also may be subject to designated civil penalties or fines. Under existing law, any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to a specified provision of law for 2, 3, or 4 years. This bill would subject any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age and is convicted of a felony to a sentence enhancement of 2 years, if the perpetrator holds a position of authority over the minor with whom he or she engaged in the act of unlawful sexual intercourse. By changing the penalty for the commission of unlawful sexual intercourse under the above circumstances, the bill would impose a state-mandated local program. (2) Existing law makes it a crime for a person to engage in specified acts of a sexual nature with a minor, including lewd and lascivious conduct when the victim is a child of 14 or 15 years of age and the person is at least 10 years older, and sodomy, oral copulation, or sexual penetration of a minor under 16 years of age when the person is 21 years of age or older. This bill would impose an additional term of 2 years when a person who is convicted of a felony violation of the above crimes is a person who holds a position of authority, as defined, over the minor victim. By increasing the penalty for a crime, the 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 no reimbursement is required by this act for a specified reason.
Under existing law, anyone who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect a violation of specified sex crimes is guilty of human trafficking. Under existing law, any person who causes a minor to engage in a commercial sex act, with the intent to violate specified sex crimes, is guilty of human trafficking. This bill would create the Statewide Interagency Human Trafficking Task Force within the Department of Justice, which would consist of representatives from several state agencies and be chaired by a representative from the Department of Justice. The bill would require the task force to gather statewide data on sex and labor traffickers, sex buyers, and human trafficking victims to recommend interagency protocols and best practices for training and outreach to law enforcement, victim service providers, and other state and private sector employees likely to encounter human trafficking and to evaluate and implement approaches to increase public awareness about human trafficking. The bill would authorize the task force to create an advisory committee or advisory committees comprised of subject matter experts, as provided. The bill would prohibit the task force from duplicating the protocols developed by the California Child Welfare Council.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a minor to be a ward of the court on the basis of the minor's delinquent behavior. Under existing law, the jurisdiction of the juvenile court may continue until the ward attains 21 or 25 years of age, depending on the nature of the offense. Existing law requires the juvenile court to hold a hearing prior to terminating jurisdiction over a ward who is subject to an order of foster care, as specified. Under existing law, whenever the juvenile court terminates jurisdiction over a ward who has also been designated a dependent of the court or previously placed into foster care, the probation or parole officer is required to provide the ward with specified information and documents relating to benefits for former foster children. This bill would prohibit the juvenile court from terminating jurisdiction over a ward who has attained 17 years of age until the court conducts a hearing and finds that the probation department has provided, or made reasonable efforts to provide, certain information, documents, and services to the ward. The bill would authorize a juvenile court, at its discretion, to make these provisions applicable to a ward under 17 years of age, if requested by the ward, and if the court finds that doing so is in the ward's best interest. By imposing duties on probation officers, this bill would impose a state-mandated local program. The bill would also direct the Judicial Council to develop and implement standards and forms necessary to implement these provisions. 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.
This measure would encourage the Department of Consumer Affairs and its boards, bureaus, and committees to create policies that promote fairness and equity to guarantee that each licensee pays a fair amount, especially in regard to initial and ongoing license fees.
This measure would encourage motorists to not idle their motor vehicles near places where children congregate.
Existing law proscribes the crime of rape, including the rape of an unconscious person and the rape of the unconscious spouse of the perpetrator. The punishment for the crime of rape is generally imprisonment in the state prison for 3, 6, or 8 years, except as specified. Existing law provides that it is the intent of the Legislature that persons sentenced to prison for a determinate sentence serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Secretary of the Department of Corrections and Rehabilitation, as specified. Existing law generally authorizes a prisoner to earn one day of credit for each day in custody, up to a maximum of 6 months for every 6 months served, except as otherwise provided. Under existing law, for each 4-day period in which a prisoner is confined in or committed to a county jail, industrial farm, or road camp, up to 2 days may be deducted from his or her period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned or the prisoner has not satisfactorily complied with the reasonable rules and regulations. This bill would make a person who has been convicted of raping an unconscious person, or of raping his or her unconscious spouse, ineligible to receive a reduction in the time served or a deduction from his or her period of confinement pursuant to those provisions. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Gender Tax Repeal Act of 1995, prohibits a business establishment from discriminating against a person because of the person's gender with respect to the price charged for services of similar or like kind and specifies that this prohibition does not apply to price differences based specifically upon the amount of time, difficulty, or cost of providing the services. This bill would also prohibit a business establishment from discriminating against a person because of a person's gender with respect to the price charged for goods of a substantially similar or like kind, except for food, as defined, or goods sold by a new motor vehicle dealer, as defined. The bill would specify that these exceptions shall not bar or otherwise impact a claim brought under the Unruh Civil Rights Act. The bill would specify that a price difference based specifically on labor, materials, tariffs, or other gender-neutral reasons for having an increased cost of providing the goods is not included within this prohibition. The bill would also specify that a retail establishment is not prohibited from passing through a price to the consumer that is set by a manufacturer, distributor, or other entity that the retailer cannot control.
