Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 at the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various sentencing schemes. Existing law imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. The Legislature may amend the above-specified initiative statutes by a statute passed in each house by a23 vote. This bill would additionally define human sex trafficking as a violent felony and expand the scope of sodomy, oral copulation, sexual penetration, and rape offenses that are categorized as violent felonies, including if the victim was unconscious, if the victim was incapable of giving consent due to intoxication, if the victim was incapable of giving legal consent because of a mental disorder or developmental or physical disability, if the victim submitted to the act under the belief that the person committing the act was someone known to the victim other than the accused, or if the act was accomplished against the victim's will by threatening to use the authority of a public official. By changing the sentence of a crime, this 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.
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Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child's age and developmental level, with minimal disruptions to school attendance and educational stability. This bill would require the State Department of Social Services, on or before March 1, 2018, to convene a workgroup and would require the workgroup to develop an implementation plan for the California Foster Youth Enrichment Grant Program. The bill would require the department, on or before January 1, 2019, upon appropriation by the Legislature and in consideration of the implementation plan, to establish that program in order to provide grants of $500 or less to qualified foster youth to enable the foster youth to participate in activities that enhance the foster youth's skills, abilities, self-esteem, or overall well-being. The bill would specify eligibility criteria for receipt of a grant and the authorized uses of a grant. The bill would require a recipient, within 6 months after receipt of a grant, to submit copies of receipts showing the purchase of the program, product, or service, and payment of any directly related costs purchased with the grant. The bill would require the department, on or before January 1, 2022, to submit a report to the Legislature that addresses, among other things, data on the number of applications received and the number of grants awarded. The bill would repeal these provisions on January 1, 2023.
Existing law generally sets out the requirements for the submission of written reports by public agencies to the Legislature, the Governor, the Controller, and state legislative and other executive entities. This bill would require a written report, as defined, submitted by any state agency or department to the Legislature, a Member of the Legislature, or any state legislative or executive body to include a signed statement by the head of the agency or department declaring that the factual contents of the written report are true, accurate, and complete to the best of his or her knowledge. This bill would also make any person who declares as true any material matter pursuant to these provisions that he or she knows to be false liable for a civil penalty not to exceed $20,000.
Existing law establishes the Department of the California Highway Patrol to enforce all laws regulating the operation of vehicles and the use of the highways. Existing law makes it a crime to transport, import into the state, sell, furnish, administer, or give away, or offer to transport, import into the state, sell, furnish, administer, or give away, or attempt to import into the state or transport cannabis, except as otherwise provided by law. Existing law also prohibits using a minor to transport cannabis or driving while under the influence of cannabis. This bill would make the California Highway Patrol the lead agency for the enforcement of offenses involving the transportation of cannabis across local jurisdictions and offenses involving interstate commerce.
Under existing law, everyone is generally responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct. Existing law exempts public or private organizations that sponsor, authorize, support, finance, or supervise the training of people, or certifies those people in emergency medical services, from liability for civil damages alleged to result from those training programs. This bill would define "trauma kit" to mean a first aid response kit that contains specified items, including, among other things, at least 2 tourniquets. The bill would require a person or entity that supplies a trauma kit to provide the person or entity that acquires the trauma kit with all information governing the use, installation, operation, training, and maintenance of the trauma kit. The bill would apply the provisions governing civil liability described above to a lay rescuer or person who renders emergency care or treatment by the use of a trauma kit and to a person or entity that provides training in the use of a trauma kit to provide emergency medical treatment, or certifies certain persons in the use of a trauma kit. Existing law requires certain occupied structures that are not owned or operated by any local government entity and are constructed on or after January 1, 2017, to have an automated external defibrillator on the premises. This bill would require the State Fire Marshal, the Department of Housing and Community Development, and the California Building Standards Commission to research and collect public input, as specified, between January 1, 2018, and January 1, 2020, for the purpose of determining if mandatory or voluntary building standards should be adopted regarding the placement of trauma kits in a public building constructed, or a public building that has any addition, significant repair, or alteration completed, on or after January 1, 2018. The bill would require an entity responsible for managing the building, facility, and tenants of an occupied structure in which a trauma kit is placed to comply with certain requirements, such as periodically inspecting and replacing the contents of a trauma kit, restocking the trauma kit after each use, and notifying tenants of the building or structure of the location of the trauma kit. The bill would exempt a person or entity that acquires and places a trauma kit for emergency care from liability for civil damages resulting from any acts or omissions in the rendering of emergency care if those requirements have been met.
Existing law establishes the Homeless Youth and Exploitation Program, under which homeless youth emergency service projects are established in the Counties of Los Angeles, Santa Clara, San Diego, and the City and County of San Francisco through a grant program to eligible private, nonprofit agencies with a demonstrated record of success in the delivery of services to homeless youth. Under existing law, this program is administered by the Office of Emergency Services. Existing law requires each project to provide specified services, including food and access to overnight shelter, counseling to address immediate emotional crises and problems, and long-term stabilization planning. This bill would establish the Transitional Housing for Homeless Youth Grant Program to be administered by the Office of Emergency Services to award grants to qualified nonprofit entities to provide transitional living services, such as long-term residential services, access to resources, and counseling services, to homeless youth ages 18 to 24 years of age, inclusive, for a period of up to 36 months. The bill would require the office, in consultation with specified stakeholders, to establish minimum standards and procedures for awarding the grant moneys. The bill would require each grant recipient to submit a report to the office on or before January 31, 2020, and on or before January 31 each year thereafter, that contains specified information regarding services provided during the previous calendar year, including the number of youth served that year and the average length of stay for each youth who left the program. The bill would require the office to submit a report to the Legislature on or before March 31, 2020, and on or before March 31 each year thereafter, that contains, in aggregate form, the information the grant recipients submitted to the office. The bill would appropriate $15,000,000 from the General Fund to the Office of Emergency Services for the purpose of awarding grants under the program.
Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption by 23 of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek. This bill would establish an overtime exemption for an employee-selected holiday season flexible work schedule. The exemption would allow during the holiday season, as defined, at the request of an individual nonexempt employee working in the retail industry, and upon employer approval, an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek. The employer would be obligated to pay overtime based on the employee's regular rate of pay, as prescribed, for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is greater. The bill would establish requirements for the termination of an agreed-upon schedule. The bill would except from its provisions employees covered by collective bargaining and public employees, as specified. The bill would require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt or revise regulations as necessary.
Existing law establishes the penalty for petty theft as a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment. Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years. Existing law allows individuals charged with specified crimes to qualify for deferred entry of judgment. Under the existing deferred entry of judgment program, an eligible defendant may have entry of judgment deferred, upon pleading guilty to the offenses charged and entering a drug treatment program for 18 months up to 3 years. If the defendant completes the program, the criminal charges are dismissed. This bill would expand the enhanced petty theft penalties described above to a person who has a prior conviction for any serious or violent felony, and to any person who has 3 or more prior convictions for crimes such as petty theft or shoplifting, grand theft, and burglary. The bill would also authorize a court to grant deferred entry of judgment, for no less than 18 months and no longer than 3 years, to a defendant who has 3 or more prior convictions for those theft-related crimes, under certain conditions, including that the court is satisfied that the defendant suffers from a drug or alcohol addiction and the court finds that the addiction played a significant role in the commission of the offense. The bill would provide that if the person performs satisfactorily during the period of deferred entry of judgment, the criminal charges would be dismissed. The bill would establish procedures for deferred entry of judgment, including requiring county probation departments to file progress reports as directed by the court. The bill would additionally make conforming changes. The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the statewide general election.
The Child Care and Development Services Act, administered by the State Department of Education, provides that children up to 13 years of age are eligible, with certain requirements, for child care and development services. Existing law requires the Superintendent of Public Instruction to administer all migrant child care and development programs. Existing law provides for child care alternative payment programs, the purpose of which is to provide for maximum parental choice in child care. Existing law requires reimbursement for alternative payment programs to include the cost of child care paid to child care providers, plus administrative and support services costs. Under existing law, the total cost for administrative and support services is not permitted to exceed 17.5% of the total contract amount. This bill would provide that an alternative payment program that operates an individual contract in an amount of less than $3,000,000, or a migrant alternative payment program that operates an individual contract in any dollar amount, shall receive a base support reimbursement that does not exceed 22% of the total contract amount, for each individual contract.