Existing law classifies certain criminal offenses as a "violent felony" for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions. Existing law includes among the list of violent felonies rape accomplished against a person's will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim's will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation. This bill would also include specified crimes involving the rape or sexual assault of a minor who has a developmental disability in the list of violent felonies. By expanding the scope of an enhancement, 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 establishes the Court Reporters Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of shorthand reporters. Existing law requires an applicant for certification as a shorthand reporter to obtain a passing score on a certified shorthand reporter examination specified by the board, and requires an applicant to meet specified requirements to qualify to take the examination. A violation of the provisions regulating shorthand reporters is a misdemeanor. This bill would provide for the certification of digital reporters by the board and would authorize a certified digital reporter, among other things, to swear in witnesses and capture the record in a legal proceeding. The bill would also provide for the certification of legal transcriptionists by the board and would authorize a legal transcriptionist to, among other things, certify transcripts for use in legal proceedings. The bill would establish application and qualifications for these certifications, including requiring applicants for either certification to obtain a certificate from a certain professional organization, or meet other specified requirements. By expanding the scope of existing crimes, this bill would impose a state-mandated local program. This bill would require the board to establish certification and renewal fees for digital reporters and legal transcriptionists. Because some of those fees would be required to be deposited into the Transcript Reimbursement Fund, a continuously appropriated fund, the bill would make an appropriation. This bill would make it an unfair labor practice for a court to terminate a certified shorthand reporter and transfer their job duties to a digital reporter or legal transcriptionist, and would create a presumption that terminating a certified shorthand reporter within ____ days before or after hiring a digital reporter or legal transcriptionist is a violation of that prohibition. Existing law, the Civil Discovery Act, requires that depositions be taken stenographically by a certified shorthand reporter, except as specified. This bill would instead require depositions to be recorded stenographically by a certified shorthand reporter or a certified digital recorder, and would, for purposes of certain provision of that act, specify that a deposition is recorded stenographically when it is recorded by either a certified stenographer or certified digital recorder. Existing law, known as the "heresay rule," provides that, at a hearing, evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the heresay rule to permit admission of specified kinds of evidence, including former testimony, if certain conditions are satisfied. This bill would specify that, if otherwise admissible, a digitally captured transcript is admissible if the transcript was captured digitally under the supervision of a digital reporter and was transcribed by a digital reporter or a legal transcriptionist. Existing law authorizes a superior court to appoint official court reporters and official reporters pro tempore as deemed necessary for the performance of the duties of the court and its members. This bill would authorize a digital reporter to prepare an electronic recording of a proceeding and would authorize a legal transcriptionist to prepare a transcript of the proceeding if an electronic recording is prepared by a digital reporter. The bill would require a legal transcriptionist to receive fees for their services. Existing law authorizes a court to use electronic recording equipment to record an action or proceeding in a limited civil case or a misdemeanor or infraction case, if an official reporter or an official reporter pro tempore is unavailable. Existing law authorizes the use of a transcript derived from the electronic reporting whenever a transcript of court proceedings is required. This bill would require the electronic recording to be done by a digital reporter and would authorize the use of a transcript derived from an electronic recording only when the transcript was transcribed by a certified legal transcriptionist. 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 establishes the Department of Motor Vehicles, tasked with issuance and renewal of licenses to drivers. Existing law requires the department to prescribe and provide suitable forms of applications, certificates of ownership, registration cards, driver's licenses, and all other forms that are deemed necessary. This bill would, by January 1, 2027, require the department, in consultation with relevant stakeholders, to develop a Blue Envelope Program. Under the program, the bill would require the blue envelope to contain specified information for requesters with a condition or disability, as specified. The bill would also authorize others, including a parent or legal guardian of a passenger with a disability, to request a blue envelope.
Existing law establishes the jurisdiction of the juvenile court over minors who are between 12 and 17 years of age, who have violated a federal, state, or local law or ordinance, as specified, and over minors under 12 years of age who have been alleged to have committed specified crimes. Existing law authorizes a juvenile court to adjudge a person under these circumstances to be a ward of the court. Existing law authorizes the juvenile court to permit a person adjudged a ward of the juvenile court, or placed on probation by the juvenile court, to reside in a county other than their county of legal residence. Existing law authorizes a ward who is permitted to reside in a county other than their county of legal residence to be supervised by the probation officer of the county of actual residence, with the consent of that probation officer. This bill would clarify that these provisions apply to wards discharged to probation supervision after having been confined in a secure youth treatment facility, or after having been transferred to a less restrictive program from a secure youth treatment facility.
The Personal Income Tax Law allows various credits against the taxes imposed by that law. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2025, and before January 1, 2030, to a qualified taxpayer, as defined, in an amount equal to 40% of the taxpayer's qualified expenses, as defined, not to exceed $400 per taxable year, or $2,000 cumulatively. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. The bill would also include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain vehicles, including, but not limited to, motortrucks of 3 or more axles that are more than 10,000 pounds gross vehicle weight rating, truck tractors, and specified other motortrucks regulated by the department, the Department of Consumer Affairs, or the United States Secretary of Transportation. Existing law establishes the Office of Emergency Services within the office of the Governor and requires the office to be responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies. This bill would require the Office of Emergency Services, on or before January 1, 2027, to develop and post on its internet website an action plan for responding to electric commercial motor vehicle battery fires that covers specified topics, including best practices for reducing wildfire risk and mitigating the risk of battery reignition. The bill would require the office, in developing the action plan, to consult with certain stakeholders, including the Department of the California Highway Patrol, electric truck manufacturers, and labor organizations.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Under existing law, the recommendation, continuous evaluation, and execution of statewide environmental goals, policies, and plans are included within the scope of the executive functions of the Governor. Existing law establishes the Office of Land Use and Climate Innovation in the Governor's office for the purpose of serving the Governor and the Governor's cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. This bill would require, on or before July 1, 2027, the Office of Land Use and Climate Innovation to consult with regional, local, state, and federal agencies to develop a technical advisory on thresholds of significance for greenhouse gas and noise pollution effects on the environment to assist local agencies. The bill would require the technical advisory to provide suggested thresholds of significance for all areas of the state, as specified, and would provide that lead agencies may elect to adopt these suggested thresholds of significance. The bill would also require the Office of Land Use and Climate Innovation to post the technical advisory on its internet website.
Existing law, commencing January 1, 2019, made various changes to the law governing ignition interlock devices (IID) , including, among other things, requiring a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a specified period of time as ordered by the court, an IID on the vehicle they operate, provided however that installation of an IID is discretionary for a first offender, as specified; authorizing a person convicted of driving a motor vehicle under the influence, if all other requirements are satisfied, including the installation of an IID, to apply for a restricted driver's license without completing a period of license suspension or revocation; and requiring ignition interlock device manufacturers to be in compliance with specified provisions relating to payment for the costs of an ignition interlock device. Existing law makes these changes operative until January 1, 2026. On January 1, 2026, existing law, as it relates to these provisions, is generally reinstated to read as it read prior to January 1, 2019. Existing law makes it a crime to violate certain provisions relating to IIDs and motor vehicles equipped with IIDs. This bill would extend the operation of these provisions until January 1, 2033, and would instead reinstate the law to how it read prior to January 1, 2019, on January 1, 2033. By extending the application of a crime, the bill would impose a state-mandated local program. Existing law requires the Department of Motor Vehicles to report specified data to the Transportation Agency regarding the implementation and efficacy of the statewide ignition interlock device program described above and requires the agency to report the outcomes of the program to the Legislature no later than January 1, 2025. This bill would similarly require the department to provide updated data regarding the continued implementation and efficacy of the program to the agency and require the agency to report updated program outcomes to the Legislature by no later than July 1, 2031. The bill would repeal these provisions on July 1, 2035. 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.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires the Office of Land Use and Climate Innovation, formerly named the Office of Planning and Research, to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA. The CEQA guidelines require a lead agency, immediately after deciding that an environmental impact report is required for a project, to send a notice of preparation stating that an environmental impact report will be prepared to the office and each responsible and trustee agency, as specified. This bill would require the office to conduct a study to, among other things, evaluate how locked-in guidelines could impact regulatory certainty for future project proponents, lead agencies, and stakeholders and assess how locked-in guidelines could affect the speed and efficiency of the environmental review process pursuant to CEQA. The bill would define "locked-in guidelines" as CEQA guidelines, that are in effect at the time of the first issuance of the notice of preparation for a project, that apply to the project throughout the course of the environmental review process pursuant to CEQA, regardless of changes in the guidelines that occur after the first issuance of the notice of preparation. The bill would require, on or before January 1, 2027, the office to submit a report to the Governor and the Legislature on the study. The bill would repeal these provisions on January 1, 2028.
Existing law, as added by the Victims' Bill of Rights, approved as Proposition 8 at the June 8, 1982, statewide primary election, and as amended by the Gang Violence and Juvenile Crime Prevention Act of 1998, approved as Proposition 21 at the March 7, 2000, statewide primary election, among other things, defines a serious felony. 2 3 vote, or by a statute that becomes effective only when approved by the voters."?> Existing law prohibits plea bargaining in a case in which a serious felony is charged and imposes a 5-year enhancement for conviction of a serious felony if the person has previously been convicted of a serious felony. This bill would include knowingly furnishing fentanyl to a minor within the definition of a serious felony. By expanding the scope of an enhancement, 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.