Existing law makes it a crime, subject to specified exemptions, for a person to intentionally eavesdrop upon or record a confidential communication by means of an electronic amplifying or recording device without the consent of all parties to the confidential communication. Existing law exempts from the prohibition the recording of a confidential communication made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of certain crimes, including any felony involving violence against the person making the recording. Existing law also allows a judge to include a provision in a domestic violence restraining order permitting a victim of domestic violence to record any prohibited communication made to him or her by the perpetrator. This bill would allow a party to a confidential communication to record the communication for the purpose of obtaining evidence reasonably believed to relate to domestic violence, as specified, and the evidence so obtained would not be rendered inadmissible in a prosecution against the perpetrator for domestic violence. The bill would also authorize a victim of domestic violence who is seeking a domestic violence restraining order from a court to record specified communications made by the perpetrator for the exclusive purpose and use of providing the evidence to the court.
Sponsored bills
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , enacted by an initiative statute at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of cannabis for nonmedical purposes by people 21 years of age and older, including edible cannabis products. Existing law places requirements on edible cannabis products, including that the cannabis product be marked with a universal symbol, as determined by the State Department of Public Health. This bill would amend the act by requiring the universal symbol required to be on edible cannabis product not sold as a liquid, loose bulk good, or powder to meet specified requirements, including that the symbol be placed directly on at least one side of each serving so as to be distinguishable and easily recognizable as well as size and placement requirements. AUMA authorizes the Legislature to amend, by a 23 vote, certain provisions of the act, provided that the amendments are consistent with and further the purposes and intent of the act. This bill would declare that its provisions further the purposes and the intent of the act.
Existing law prohibits a person from operating a commercial motor vehicle unless the person has passed a written and driving test for the operation of a commercial motor vehicle that complies with specified federal standards and any other requirements imposed by the Vehicle Code. Existing law requires the Department of Motor Vehicles to implement these provisions, as specified. This bill would require the Department of Motor Vehicles to establish performance goals to decrease the wait time to obtain an appointment to take the driving skills test to operate a commercial motor vehicle. The bill would require the department to convene a stakeholder group to make recommendations to the department on meeting these performance goals. The bill would require the department to submit a report to the relevant budget and policy committees of the Legislature detailing the recommendations of the stakeholder group, the recommendations that the department has adopted, the recommendations that were not adopted with an explanation of why they were not adopted, and how the department intends to implement these recommendations. The bill would additionally require the department to submit a subsequent report to these committees describing the department's performance in implementing the recommendations it has adopted and achieving the performance goals.
Existing law requires a department or agency that employs peace officers to establish a procedure to investigate complaints by members of the public against those officers. Existing law requires the department or agency to provide written notification to the complaining party of the disposition of a complaint made pursuant to those provisions within 30 days of the disposition. This bill would also require a department or agency to provide written notification to the complaining party of the current procedural status of an ongoing complaint investigation at least every 45 days. The bill would require a department or agency that employs peace officers to make available for public inspection the rules and procedures that have been adopted by that department or agency for imposing discipline and providing for the administrative appeal of an adverse decision by a peace officer. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. Existing law requires each law enforcement agency to annually furnish to the Department of Justice a report of specified incidents when a peace officer is involved in the use of force, including an incident involving the shooting of a civilian by a peace officer. This bill would require each county district attorney's office that conducts an investigation into an incident involving the shooting of a civilian by a peace officer to report the findings of that investigation on a publicly accessible Internet Web site within 30 days of the conclusion of the investigation. The bill would also require each department or agency that employs peace officers to post reports about serious uses of force by peace officers on its Internet Web site within 30 days of completing any investigation or adjudication related to the use of force and to, at least quarterly, post a report on its Internet Web site containing aggregate statistical information on serious uses of force for which any investigation, adjudication, or both have been completed. By imposing additional reporting duties on local law enforcement agencies, 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, 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 state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for the sale of, or the storage, use, or other consumption of, meals and food products that are furnished or served by any nonprofit veteran's organization for purposes of fundraising, as specified. This bill, on and after April 1, 2017, and before January 1, 2023, would exempt from these taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, building materials and supplies purchased by a qualified person for use by that qualified person in the construction of specified military and veteran medical facilities. The bill would make a legislative finding and declaration that the retroactive application of the bill serves a public purpose and does not constitute a gift of public funds. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes cities and counties to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse cities and counties for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding these provisions, no appropriation is made and the state shall not reimburse cities and counties for sales and use tax revenues lost by them pursuant to this bill.
Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities and authorizes persons to conduct specified commercial cannabis activities, as defined, in the state. The Personal Income Tax Law and the Corporation Tax Law allow various deductions in computing the income that is subject to the taxes imposed by those laws. The Personal Income Tax Law conforms as of a specified date to federal income tax laws with respect to itemized deductions, including business deductions and items not deductible, except as specifically provided. The Corporation Tax Law does not conform to those federal income tax provisions, but specifically provides for deductions for purposes of that law. The Personal Income Tax Law, by conformity to federal income tax laws, disallows a deduction or credit for business expenses of a trade or business whose activities consist of trafficking specified controlled substances, including marijuana. This bill, for each taxable year beginning on and after January 1, 2018, would specifically provide in the Personal Income Tax Law for nonconformity to that federal law disallowing a deduction or credit for business expenses of a trade or business whose activities consist of trafficking specified controlled substances, only for commercial cannabis activity, as defined, authorized under MAUCRSA, thus allowing deduction of business expenses for a cannabis or marijuana trade or business under the Personal Income Tax Law, as provided. This bill would take effect immediately as a tax levy.
(1) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative statute approved by the voters at the November 8, 2016, statewide general election as Proposition 64, among other things, establishes the California Marijuana Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires, after other specified disbursements are made from the fund, the Controller to disburse funds to the Governor's Office of Business and Economic Development, also known as GO-Biz. AUMA requires GO-Biz, in consultation with other specified state entities, to administer grants to local health departments and qualified community-based nonprofit organizations to support job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services, and linkages to medical care, as specified. This bill would amend AUMA by requiring GO-Biz to give preference to applicants for grants to provide support system navigation services, as described in AUMA, that meet specific minimum performance standards, including, among other standards, capability of providing service 24 hours per day, 7 days per week, and 365 days per year. This bill would also establish the Community Reinvestments Grants Program Fund, as a continuously appropriated fund, thereby making an appropriation, and require certain funds distributed to GO-Biz pursuant to AUMA to be deposited into that fund. (2) AUMA authorizes legislative amendment of its provisions with 2 3 "?> a 23 vote of both houses of the Legislature, without submission to the voters, to further its purposes and intent. This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
This measure would express the Legislature's support for, and condemn any government-sanctioned persecution of, Falun Gong practitioners, as specified. The measure would urge the President and the Congress of the United States to condemn any government-sanctioned persecution of Falun Gong practitioners.
Under existing law, the Department of Rehabilitation is required to provide various services to individuals with physical or mental disabilities who are found to be eligible therefor, including independent living services. Existing law provides for the operation of independent living centers, which are private, nonprofit organizations that provide specified services to individuals with disabilities, in order to assist those individuals in their attempts to live fuller and freer lives outside institutions. Under existing law, the department has the responsibility and authority for the encouragement of the planning, developing, and funding of independent living centers. Under existing law, each independent living center, except those centers that have been both established and maintained using specified federal funding as a primary base grant, is required to receive, to the extent funds are appropriated by the Legislature, at least $235,000 in base grant funds allocated by the department. This bill would delete the above exception for centers that were previously established and maintained with federal funding, thereby requiring those centers to also receive at least $235,000 in base grant funds allocated by the department. The bill would make related findings and declarations.
Existing law requires, in all cases in which a criminal defendant has been convicted of a crime involving domestic violence, as defined, or one of specified sex offenses, the court to consider issuing an order, valid for up to 10 years, restraining the defendant from any contact with the victim. Existing law states the intent of the Legislature in enacting that provision that the duration of any restraining order issued by the court be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. Under existing law, a willful and knowing violation of a protective order or stay-away court order, issued under specified conditions, including the above-described provision, constitutes contempt of court, a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $1,000, or by both the imprisonment and the fine, except as specified. This bill would require the court to consider issuing an order restraining a criminal defendant who has been convicted of a crime involving domestic violence from any contact with a minor who was not a victim of, but who was physically present at the time of, an act of domestic violence. The bill would provide that the minor, under those circumstances, is a witness. The bill would make conforming changes relating to the stated intent of the Legislature. The bill would authorize a no-contact order issued for purposes of a minor witness to include, either at the time of sentencing or on subsequent application upon a showing of good cause at a noticed hearing, as specified, an order authorizing a family or juvenile court to make a subsequent order for safe and appropriate visitation with the defendant's child who is a minor witness. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would require an order restraining the defendant from any contact with the victim or a minor witness under the above-described provisions to have precedence in enforcement over a civil court order against the defendant, except for an emergency protective order, as specified. 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.