Asm. Tom Lackey

This measure would recognize the month of June 2018 as California's Alzheimer's and Brain Awareness Month and Thursday, June 21, 2018, as The Longest Day in California, and would urge all Californians to wear purple on this day to help spread global awareness of the Alzheimer's Association's vision of a world without Alzheimer's disease.

Existing law establishes the state prisons, under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the department, when establishing inmate classifications and housing assignment procedures, to take into account risk factors that can lead to inmates and wards becoming the target of sexual victimization. This bill would prohibit male correctional officers from conducting a pat down search of a female inmate unless the prisoner presents a risk of immediate harm to herself or others or risk of escape and there is not a female correctional officer available to conduct the search. The bill would also prohibit a male correctional officer from entering an area of the institution where female inmates may be in a state of undress, or from being in an area where they can view female inmates in a state of undress, unless an inmate in the area presents a risk of immediate harm to herself or others or if there is a medical emergency in the area and there is not a female correctional officer who can resolve the situation in a safe and timely manner without his assistance. The bill would require staff of the opposite sex to announce their presence when entering a housing unit. The bill would require documentation of a male correctional officer conducting a pat down search or entering a prohibited area within 3 days of the incident and would require that the documentation to be reviewed by the warden and retained.

Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property, and sets forth the powers and duties of the department with respect to the operation, maintenance, and improvement of state highways. Existing law authorizes the department to enter into an agreement to accept funds, materials, equipment, or services from any person for maintenance or roadside enhancement of a section of a state highway. Existing law requires the department to discontinue further water intensive freeway landscaping and to use drought resistant landscaping whenever feasible, taking into consideration specified factors. This bill would require planting projects undertaken or approved by the department to include, when appropriate and consistent with integrated pest management strategies, California native wildflowers and native and climate-appropriate vegetation as an integral and permanent part of the planting design, with priority given to those species of wildflower and native and climate-appropriate vegetation that will help rebuild pollinator populations.

Under existing law, a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood, breath, or urine, as specified, for the purpose of determining the alcoholic or drug content of his or her blood if lawfully arrested for one of specified driving-under-the-influence offenses. The United States Supreme Court, in Birchfield v. North Dakota (2016) 136 S.Ct. 2160, held that the Fourth Amendment to the United States Constitution permitted warrantless breath tests incident to arrests for drunk driving, but did not permit warrantless blood tests incident to arrests for drunk driving, and held that a motorist cannot be punished criminally for his or her refusal to submit to a blood test. The court held that administrative penalties could be imposed for a refusal to submit to a blood test for those purposes. This bill would amend statutory law to comport with the Birchfield decision. The bill would repeal the imposition of criminal penalties for the refusal by a person to submit to or complete a blood test for the purpose of determining the alcoholic or drug content of his or her blood if lawfully arrested for one of specified driving-under-the-influence offenses. The bill would clarify that a person is required to be told that his or her failure to submit to, or the failure to complete, the required breath, blood, or urine tests will result in administrative suspension or revocation by the Department of Motor Vehicles of the person's privilege to operate a motor vehicle, as specified.

This measure would proclaim and acknowledge the month of June 2018 as Elder and Dependent Adult Abuse Awareness Month in California and would reiterate the importance of annually recognizing Elder and Dependent Adult Abuse Awareness Month in the state.

This measure would proclaim June 27, 2018, as HIV Testing Day in California and would encourage Californians to learn their HIV statuses.

This bill would recognize the month of June 2018 as Portuguese National Heritage Month.